Couch

Morgan Stanley & Co. v. Couch

Good Law
134 F. Supp. 3d 1215·2015 WL 5647946·2015 U.S. Dist. LEXIS 130584
United States District Court, Eastern District of CaliforniaSeptember 24, 2015No. 1:15-cv-1291-LJO-JLTCalifornia10,809 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

I. INTRODUCTION

Plaintiffs Morgan Stanley & Co., LLC, and Morgan Stanley Smith Barney, LLC (collectively, “MSSB,” “Morgan Stanley,” or “the Firm”) 1 move for an order from *1219 this Court preliminarily enjoining an arbitration proceeding before the Financial Industry Regulatory Authority (“FINRA”) initiated by Defendant David Couch (“Couch”) against MSSB on June 2, 2015. Doc. 9. MSSB contends that (1) this Court’s August 7, 2015 order granting MSSB’s motion for summary judgment 2 bars Couch from proceeding with the FIN-RA arbitration under the doctrine of res judicata and (2) Couch has waived his right to pursue his FINRA arbitration claims. Id. at 6-8.

The Court did not set a hearing for the motion and the parties did not request one. The Court finds it appropriate to rule on the motion without oral argument. See Local Rule 230(g). For the following reasons, the Court GRANTS MSSB’s motion and PRELIMINARILY ENJOINS Couch’s FINRA arbitration from proceeding.

II. FACTUAL AND PROCEDURAL BACKGROUND

Couch joined MSSB as a full-time financial advisor (“FA”) in September 2007. Doc. 1, Complaint…

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