Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Coe

MEMORANDUM OPINION IN SUPPORT OF ORDER DIRECTING ARBITRATION OF STATE COURT CLAIMS

FABER, Chief Judge.

I. Introduction

Before the court is Merrill Lynch, Pierce, Fenner & Smith, Inc.’s (“Merrill Lynch”) motion for an order directing arbitration, sought in accordance with § 4 of the Federal Arbitration Act. See 9 U.S.C. § 4. The defendants in this matter, James Coe, John Wade, Robert and Joann Harmon, and Ora Robertson, Jr. (“state court plaintiffs”) are plaintiffs in various proceedings pending in the Circuit Court of McDowell County, West Virginia (“state court actions”). Pursuant to § 4 the…