of NASD members ... To compel arbitration as ‘customers,’ the Defendants must establish that they were ICC customers at the time of the transactions giving rise to their arbitration claims ... Because they did not have ICC accounts or other evidence of a traditional customer relationship with ICC, the Defendants must show that they established an informal business relationship with ICC ... or at least attempted to do so ... Id. at 1308 (internal citations and quotations omitted). Based on this reasoning, Judge Presnell ordered a jury trial on the issue of the Defendants customer status. See id. at 1309. This Court’s research reflects that at least one other district court has adopted Judge Presnell’s reasoning. See Mony Sec. Corp. v. Vasquez, 238 F.Supp.2d 1304, 1306-08 (M.D.Fla.2002) (<HOLDING>). In her June 6, 2003 R & R submitted to this
holding that customers of registered representative were customers of memberfirm holding that customers who were not parties to the nonsolicitation agreement should be free to maintain their relationship with departing account representatives because restricting customer choice would not serve the public interest holding as a general rule that a bank and its customers do not have a special or confidential relationship holding that investors who were customers of an associated person were not customers of a nasd member without evidence of a firsthand customer relationship holding that plaintiffs who are customers of a registered representative of a nasd member firm are customers of the nasd member firm for purposes of compelling arbitration