Wilmot

Wilmot v. McNabb

Good Law
269 F. Supp. 2d 1203·2003 WL 21512814·2003 U.S. Dist. LEXIS 11364
United States District Court, Northern District of CaliforniaJuly 2, 2003C-02-03720-JFCalifornia4,675 words

Opinion

Opinion

Fogel, J.

ORDER GRANTING MOTIONS TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS

Defendants Cambridge Investment Research, Inc. (“Cambridge”), American Investors Company (“AIC”), National Financial Services Corporation (“NFS”), and First Trust Corporation (“First Trust”) and Fiserv, Inc. (“Fiserv”) move separately to compel arbitration and to stay proceedings in the above-entitled matter. De fendant John Roslund joins in the motion of AIC. Plaintiffs oppose. The Court has read the moving and responding papers and has considered the oral arguments of counsel presented on April 7, 2003. For the reasons set forth below, the motions brought by Cambridge, AIC, and NFS will be granted. The motion brought by First Trust and Fiserv will be granted on the condition that arbitration of Plaintiffs’ claims against First Trust and Fiserv occur within California.

I. BACKGROUND

On August 1, 2002, Plaintiffs Dr. Conal Wilmot and Von Wilmot filed the instant action, alleging that they were defrauded by their former financial advisor, Defendant Robin B. McNabb (“McNabb”), and that Defendants Cambridge, AIC, NFS, First Trust, Fiserv, and other individuals and corporate entities assisted McNabb with his…

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