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HURLEY v. DEUTSCHE BANK TRUST CO. AMERICAS

No. 09-1964.

610 F.3d 334 (2010)

James B. HURLEY and Brandi Hurley, jointly and severally, Plaintiffs-Appellees, v. DEUTSCHE BANK TRUST COMPANY AMERICAS, f/k/a Bankers Trust Company, as Trustee and Custodian by Saxon Mortgage Company Services, Inc., f/k/a Meritech Mortgage Services, Inc., Defendants-Appellees, David C. Lohr and Orlans Associates, P.C., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2010.

Attorney(s) appearing for the Case

ARGUED: Ernest Raymond Bazzana, Plunkett Cooney, Detroit, Michigan, for Appellants. Frank B. Melchiore, Law FM, Saint Petersburg, Florida, Matthew R. Cooper, Schuitmaker Cooper Schuitmaker Cypher & Knotek, P.C., Paw Paw, Michigan, for Appellees. ON BRIEF: Donald H. Dawson, Jr., Kathleen A. Clark, Dawson & Clark, P.C., Detroit, Michigan, for Appellants. Frank B. Melchiore, Law FM, Saint Petersburg, Florida, Frederick J. Boncher, Schenk, Boncher & Rypma, Grand Rapids, Michigan, Matthew R. Cooper, Schuitmaker Cooper Schuitmaker Cypher & Knotek, P.C., Paw Paw, Michigan, Daniel G. Romano, Southfield, Michigan, for Appellees.

Before CLAY and GILMAN, Circuit Judges; ZATKOFF, District Judge.

OPINION

CLAY, Circuit Judge.

Defendants, David C. Lohr and Orlans Associates, P.C., appeal from the district court's order denying Defendants' motion to compel arbitration on the basis that Defendants waived their right to enforce an arbitration clause against Plaintiffs. For the reasons set forth below, we AFFIRM the district court's order.

STATEMENT OF FACTS

On May 2, 2007, Plaintiffs, James B.

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