Grigsby & Associates, Inc., et al v. M Securities Investment, et al

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 09-11817
________________________
D. C. Docket No. 06-23035-CV-MGC
GRIGSBY & ASSOCIATES, INC.,
CALVIN B. GRIGSBY,
Plaintiffs-Appellants,
versus
M SECURITIES INVESTMENT,
HOWARD GARY & COMPANY,
HOWARD V. GARY,
NATIONAL ASSOCIATION OF
SECURITIES DEALERS, INC.,
Defendants-Appellees.
_______________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(September 4, 2012)
ON PETITION FOR REHEARING

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Before PRYOR and EDMONDSON, Circuit Judges, and EVANS, District Judge.*
O R D E R:
This matter is before the Court on a Petition for Rehearing. The Court
presently plans to enter, in the future, an order along this line:
“The motion for rehearing is DENIED, except our decision on
the denial of an injunction of arbitration is totally withdrawn: that
issue is moot given that the arbitration has been completed with the
participation of the parties.
The order confirming the arbitration award is vacated and the
case remanded for further proceedings. The award may be confirmed
only if the district court determines de novo -- anew, by itself, and for
itself -- that the Defendants did not waive the right to arbitrate by their
pre-arbitration conduct, including their earlier filing several lawsuits
against Plaintiffs.”
The parties have 15 days from the date of this order to explain why the
proposed order on rehearing should not be entered. The explanation from each
party must not exceed 12 pages.
FOR THE COURT:
/s/ J. L. Edmondson
UNITED STATES CIRCUIT JUDGE
Honorable Orinda Evans, United States District Judge for the Northern District of*
Georgia, sitting by designation.
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