Aaron v. Merrill Lynch, Pierce, Fenner & Smith

OPINION AND ORDER

MILLER, Chief Judge.

Jim Aaron filed this diversity action against Merrill Lynch, Pierce, Fenner & Smith, and Susan Mahl a/k/a Susan Scott to in an attempt to obtain certain account funds that Merrill Lynch holds for the benefit of Ms. Scott. The case is essentially a dispute between Mr. Aaron and Ms. Scott, but because Merrill Lynch holds the disputed funds, Mr. Aaron also claimed Merrill Lynch was independently liable for damages he suffered as a result of its wanton refusal to turn the funds over. Mr. Aaron moved for summary judgment on his claim Merrill Lynch acted…