Thiele

Thiele v. Merrill Lynch, Pierce, Fenner & Smith

Good Law
59 F. Supp. 2d 1060·1999 WL 596352·81 Fair Empl. Prac. Cas. (BNA) 210·1999 U.S. Dist. LEXIS 11850
United States District Court, Southern District of CaliforniaJanuary 21, 199997CV1887-B (AJB)California3,349 words

Opinion

Opinion

Brewster, J.

ORDER (1) GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; (2) VACATING THIS COURT’S APRIL 8, 1998 AND DECEMBER 22, 1998 ORDERS; (3) ENTERING THIS ORDER NUNC PRO TUNC TO DECEMBER 22, 1998; AND (3) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY THE PROCEEDINGS

On September 11, 1998, Plaintiff William L. Thiele (“THIELE”) filed a Motion for Reconsideration of this Court’s April 8, 1998 Order compelling arbitration of his claims. He argues that new case law requires the invalidation of his purported arbitration agreement and that a change in Defendant’s policy, resulting from an Illinois lawsuit, also invalidates this agreement. Defendant Merrill Lynch (“ML”) disagrees, characterizing Thiele’s Motion to Reconsider as an attempt to reargue the Motion to Compel Arbitration.

I. Background

Thiele worked as a financial consultant for ML from 1972 until 1996. At the start of his employment at ML, Thiele executed a New York Stock Exchange (“NYSE”) Form Re-1 to register him as a securities representative with the NYSE. The Form Plaintiff signed contains a compulsory arbitration clause:

Form RE-1 ¶ 31(j).

Moreover, during his employment at ML, on…

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