United States District Court, N.D. California
July 12, 2004.
SHABAKA TECUMSEH, Plaintiff,
UNITED STATES SECURITIES AND EXCHANGE COMMISSION, E*TRADE SECURITIES, INCORPORATED, WELLS FARGO BANK, INCORPORATED, Defendants.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
This action has been dismissed in its entirety. Judgment is
IT IS SO ORDERED AND ADJUDGED. ORDER DISMISSING ACTION
By order dated November 9, 2001, defendant Securities and
Exchange Commission was dismissed from this action, and the
claims against defendant E*Trade were referred to binding
arbitration pursuant to the mandatory arbitration provision in
the Customer Agreement between plaintiff and E*Trade. Defendant
Wells Fargo Bank thereafter submitted to arbitration. After some
delay, all parties signed a Waiver Agreement concerning the
provisions of California Civil Code Section 1542 and the
California Standards for Neutral Arbitrators.
The matter was arbitrated, see In the Matter of the
Arbitration between: Shabaka Tecumseh, Claimant vs. E*Trade
Securities LLC and Wells Fargo Bank NA, Respondents, Case. No.
01-07084, and a hearing was held in San Francisco on June 24,
2004. On June 29, 2004, the arbitration panel issued its Award
NASD Dispute Resolution. All matters presented for decision in
the arbitration have now been decided.
On July 1, 2004 this Court issued its Order to Show Cause why
this action should not be dismissed. Plaintiff Tecumseh filed a
response, generally objecting to the "NASD Arbitration forum" and asserting that the arbitration panel was not equipped to
handle this case. Plaintiff complains that "[i]n the Panel's
decision they concluded that this was not `Racial' discrimination
when plaintiff agrees because it is not about `race' which
implies color and the assumption that African Americans adhere to
the dominate European culture (i.e.: adoption of ancestral
European names) but culture which implies epistemology and
ontology along with concomitant class status which determines
It appears that all claims have been fully arbitrated and
finally decided by the NASD arbitration panel. No cause has been
shown why this matter should not now be dismissed with prejudice.
Accordingly, this action is DISMISSED.
IT IS SO ORDERED.
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