Everett v. Dickinson & Co., Inc.

Opinion by

Judge HUME.

Defendant, Dickinson & Company, Inc., seeks review of the district court order denying its motion for a stay of proceedings pending arbitration. We affirm.

Plaintiff, Michelle K. Everett, opened an investment account with Warren Hamm (broker), who at the time was employed by Jes-up, Josephthal Securities Company, Inc., a securities brokerage firm (brokerage firm). Plaintiff signed a document entitled “Customer Agreement” containing an arbitration clause drafted by and in favor of Bear, Steams & Co., a clearing broker used by broker and his then brokerage firm. In industry…