Morgan Keegan & Co., Inc. v. Horace Grant

MEMORANDUM

Plaintiff Morgan Keegan appeals from the district court’s order compelling arbitration and dismissing the case. Defendant Horace Grant won a $1.45 million arbitration award against Morgan Keegan, his former broker, in a previous arbitration (“Grant I”). Morgan Keegan unsuccessfully sought to vacate the Grant I award in the district court, and that case is now on appeal before the Ninth Circuit. See Morgan Keegan & Co., Inc. v. Grant, No. 10-56166. Grant then filed a second arbitration claim against Morgan Keegan (“Grant II”) alleging malicious prosecution and abuse of process in Grant I. Morgan Keegan sued in the district court, alleging that Grant II was not arbitrable and seeking an injunction to stop Grant II from proceeding before the resolution of the Grant I appeal. The district court granted Grant’s motion to compel arbitration, denied Morgan Keegan’s request for a preliminary injunction as moot, and dismissed the case. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court’s decision granting a motion to compel arbitration is reviewed de novo. Bushley v. Credit Suisse First Boston, 360 F.3d 1149, 1152 (9th Cir.2004). The de novo…