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SIMMONS v. MORGAN STANLEY SMITH BARNEY, LLC

Case No. 11cv2889 WQH-MDD.

872 F.Supp.2d 1002 (2012)

John SIMMONS, Plaintiff, v. MORGAN STANLEY SMITH BARNEY, LLC; Does 1 through 50, inclusive, Defendants.

United States District Court, S.D. California.

May 24, 2012.

Attorney(s) appearing for the Case

Donald Robert McKillop, Sr., Law Offices of Donald R. McKillop, Guy A. Ricciardulli, Law Offices of Guy A. Ricciardulli, San Diego, CA, for Plaintiff.

Trish M. Higgins, Sacramento, CA, for Defendants.

ORDER

HAYES, District Judge.

The matters before the Court are the Motion to Compel Arbitration and Stay Litigation filed by Defendant Morgan Stanley Smith Barney, LLC (ECF No. 9) and the Motion for Preliminary Injunction filed by Plaintiff John Simmons (ECF No. 12).

I. Background

On December 1, 2011, Plaintiff John Simmons initiated this action in the Superior Court of California for the County of San Diego. On December 12, 2011, Defendant...

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