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Nathan Lorbietzki is known for Don't Blink (2014), Restoration (2016) and Dance Machine!.
- Producer, Actor
- Nathan Lorbietzki
Nathan John Lorbietzki passed away on 30 Sep 2018 in Las Vegas, Clark, Nevada, USA.
- Male
- July 21, 1987
- Clinton Township, MI
- September 30, 2018
- Background
- Discussion
- I. Motion to Compel Arbitration
- A. Valid Agreement to Arbitrate
- B. Dispute Subject to Arbitration
- Associated Person
- Arises Out of Business Activity
- II. Motion to Dismiss Or Stay The Proceedings
- Conclusion
This dispute arises from Nathan Lorbietzki's allegations that his former employer, Merrill Lynch, terminated his employment without cause and, therefore, breached the parties' employment agreement. Lorbietzki alleges the following facts. (Dkt. #1, Pet. for Removal Ex. A, Compl.) Lorbietzki began working for Merrill Lynch as a registered financial a...
The Federal Arbitration Act ("FAA"), 9 U.S.C. § 2 et. seq., generally applies to individual employment contracts, agreements to arbitrate, and arbitration clauses such as the one at issue in this dispute. Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 109 (2001); see also Republic of Nicaragua v. Standard Fruit Co., 937 F.2d 469, 476 (9th Cir. 1...
In addressing a motion to compel arbitration, a district court is required to answer two questions: "(1) whether a valid agreement to arbitrate exists, and if it does, (2) whether the agreement encompasses the dispute at issue." Chiron Corp. v. Ortho Diagnostic Sys., 207 F.3d 1126, 1130 (9th Cir. 2000). "If the response is affirmative on both count...
Merrill Lynch seeks to compel arbitration pursuant to the FAA and the arbitration clause in Form U-4, which registered Lorbietzki with the Financial Industry Regulatory Authority ("FINRA") as a financial advisor for Merrill Lynch. Form U-4 provides in relevant part: (Dkt. #9, Mot. Ex. A, Form U-4, Section 15A ¶ 5.) (emphasis in original). FINRA Rul...
Merrill Lynch argues that Lorbietzki's claims are subject to arbitration because the parties are covered by FINRA Rules and the dispute arises out of business activity. The Court will address each assertion.
Under FINRA rules, "members" and "associated persons" must arbitrate disputes. FINRA Rule 13200(a). "Member" is defined as "any broker or dealer admitted to membership in FINRA." Id. 13100(o). An "associated person" is defined as "[a] natural person who is registered or has applied for registration under the Rules of FINRA." Id. 13100(a) (r). In ad...
Arbitration of a dispute between associated persons is required under Rule 13200 only "if the dispute arises out of [their] business activities." FINRA Rule 13200(a). FINRA's Rules do not define this phrase, however, the plain meaning of the language is quite clear. Disputes which involve claims that are "utterly unrelated to the securities industr...
Under the FAA, a district court should stay any matter in which the parties have agreed to arbitrate pursuant to a written agreement. See 9 U.S.C. § 3. The Court therefore denies Merrill Lynch's motion to dismiss the case and grants the motion to stay the proceedings.
Accordingly, and for good cause appearing, IT IS HEREBY ORDERED that Defendants' Motion to Compel Arbitration (#9) is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss or Stay the Proceeding (#11) is DENIED as to dismissal and GRANTED as to a stay of the proceeding. Dated: March 8, 2011.
Nathan Lorbietzki is known for Don't Blink (2014), Restoration (2016) and Dance Machine!.
Jun 24, 2013 · IT IS HEREBY ORDERED that Defendant, Merrill Lynch, have and recover judgment from and against Plaintiff, Nathan Lorbietzki, as follows: 1. Principle amount of $1,267,607.30, plus interest at the statutory rate of 5.25% per annum ($182.33 per day).
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