Award FINRA Dispute Resolution

In the Matter of the Arbitration Between:

Claimants Melvin J . Schiebel Trust Melvin J . Schiebel

vs.

Respondents Mark Douglas Bachman Michael Keith Buttertield Edward Jones Edmond R. Lynch Ronald Thane Thalman

Case Number: 12-02448

Hearing Site: Phoenix, Arizona

Nature of the Dispute: Customers vs. Member and Associated Persons

REPRESENTATION OF PARTIES

For Claimants Melvin J. Schiebel and Melvin J . Schiebel Trust, hereinafter referred to as "Claimants": Melvin J . Schiebel, Attica, Michigan.

For Respondents Mark Douglas Bachman, Michael Keith Buttertield, Edward Jones, Edmond R. Lynch, and Ronald Thane Thalman, hereinafter collectively referred to as "Respondents": Javier Chavez, Jr., Esq., Edward D. Jones & Co., L.P., St Louis, Missouri.

CASE INFORMATION

Statement of Claim filed on or about: June 29, 2012.

Claimants signed the Submission Agreement: July 18, 2012.

Statement of Answer filed by Respondents on or about: December 6, 2012.

Ronald Thane Thalman signed the Submission Agreement November 21, 2012.

Michael Keith Butterfield signed the Submission Agreement November 23, 2012.

Edmond R. Lynch signed the Submission Agreement November 23, 2012.

Mark Douglas Bachman signed the Submission Agreement: November 30, 2012.

Edward Jones signed the Submission Agreement: December 5, 2012.

FINRA Dispute Resolution Arbitration No. 12-02448 Award Page 2 of 6

CASE SUMMARY

Claimants allege that Edward Jones failed to train its advisors on the use of "stop" loss orders, which resulted in account losses of $45,831.32. Claimants' claim relates to unspecified securities.

Unless specifically admitted in their Answer, Respondents denied the allegations made in the Statement of Claim and asserted various affimiative defenses.

RELIEF REQUESTED

In the Statement of Claim, Claimants requested monetary damages in the amount of $45,831.32.

In the Statement of Answer, Respondents requested: 1. The Arbitrator enter an order denying the Claimants' request for relief; 2. The Arbitrator enter an award granting expungement of Edmond R. Lynch,

Michael Keith Butterfield, Ronald Thane Thalman, and Mark Douglas Bachman's registration records maintained by the Central Registration Depository ("CRD"); and

3. Such other relief as the Arbitrator deems just and proper under the circumstances.

OTHER ISSUES CONSIDERED AND DECIDED

The Arbitrator acknowledges that she has read the pleadings and other materials filed by the parties.

On December 5, 2012, Edmond R. Lynch and Michael Keith Butterfield submitted a Motion for Dismissal of Claimants' Claims under the Code of Arbitration Procedure Rules 12504(a)(6) and 12206(a), and request for expungement under FINRA Rule 2080. Claimants did not submit a response opposing the motion.

The Arbitrator conducted a recorded telephonic hearing on March 28, 2013 so the parties could present oral argument and evidence on Edmond R. Lynch and Michael Keith Butterfield's Motion to Dismiss and request for expungement. Claimants attended the hearing and did not oppose the expungement request

In an order dated March 28, 2013, the Arbitrator granted Edmond R. Lynch and Michael Keith Butterfield's Motion to Dismiss and request for expungement on the following grounds: All claims asserted against Edmond R. Lynch occurred more than six (6) years after the occurrence or event giving rise to the claim(s) and are therefore not eligible for arbitration under FINRA Rule 12206(a). Michael Keith Butterfield was not associated with the account, securities or conduct at issue, because he served as the broker of record only and engaged in no transactions other than transferring the account. Therefore, all claims asserted against Michael Keith Butterfield are dismissed pursuant to FINRA Rule 12504(a)(6).

On April 12, 2013, FINRA Dispute Resolution received notification that the parties settled the above-captioned matter.

FINRA Dispute Resolution Arbitration No. 12-02448 Award Page 3 of 6

The Arbitrator conducted a recorded telephonic hearing on May 9, 2013 so the parties could present oral argument and evidence on Mark Douglas Bachman and Ronald Thane Thalman's requests for expungement. Claimants attended the hearing and did not oppose the expungement requests. In deciding Mark Douglas Bachman and Ronald Thane Thalman's requests for expungement, the Arbitrator considered the pleadings, the parties' Settlement and Release Agreement dated March 25, 2013, Mark Douglas Bachman and Ronald Thane Thalman's requests for expungement, which the Claimants did not oppose, the statements made by Mr. Schiebel during the May 9, 2013 oral argument and final hearing in this case acknowledging the fairness and reasonableness of the parties' settlement, the dismissal of all claims as to all parties and the propriety of the expungement relief requested, as well as the arguments presented by defense counsel, and the testimony of Mark Douglas Bachman and Ronald Thane Thalman.

The Arbitrator reviewed the parties' settlement documents and considered the amounts paid to any party and any other temis and conditions of the settlement.

AWARD

1) After considering the pleadings and the testimony and evidence presented at the recorded telephonic hearing on March 28, 2013, the Arbitrator has decided in full and final resolution of the issues submitted for determination as follows:

The Arbitrator recommends the expungement of all references to the above-captioned arbitration from Edmond R. Lynch and Michael Keith Butterfield's registration records maintained by the CRD, with the understanding that pursuant to Notice to Members 04-16, Edmond R. Lynch and Michael Keith Butterfield must obtain confirmation from a court of competent jurisdiction before the CRD will execute the expungement directive.

Unless specifically waived in writing by FINRA, parties seeking judicial confirmation of an art)itration award containing expungement relief must name FINRA as an additional party and serve FINRA with all appropriate documents.

Pursuant to Rule 12805 of the Code, the Arbitrator has made the following Rule 2080 affirmative finding of fact

The claim, allegation, or information is factually impossible or clearly erroneous.

The Arbitrator has made the above Rule 2080 finding based on the following reasons:

All claims asserted against Edmond R. Lynch occurred more than six (6) years after the occurrence or event giving rise to the claim(s) and are therefore not eligible for arbitration under FINRA Rule 12206(a).

Michael Keith Butterfield was not associated with the account, securities or conduct at issue, because he served as the broker of record only and engaged in no transactions other than transferring the account.

FINRA Dispute Resolution Arbitration No 12-02448 Award Page 4 of 6

2) After considering the pleadings, the testimony and evidence presented at the recorded telephonic hearing on May 9, 2013, the Arbitrator has decided in full and final resolution of the issues submitted for determination as follows:

The Arbitrator recommends the expungement of all references to the above-captioned arbitration from Mark Douglas Bachman and Ronald Thane Thalman's registration records maintained by the CRD, with the understanding that pursuant to Notice to Members 04-16, Mark Douglas Bachman and Ronald Thane Thalman must obtain confirmation from a court of competent jurisdiction before the CRD will execute the expungement directive.

Unless specifically waived in writing by FINRA, parties seeking judicial confirmation of an arbitration award containing expungement relief must name FINRA as an additional party and serve FINRA with all appropriate documents.

Pursuant to Rule 12805 of the Code, the Arbitrator has made the following Rule 2080 affirmative finding of fact:

The claim, allegation, or information is factually impossible or clearly erroneous.

The Arbitrator has made the above Rule 2080 finding based on the following reasons:

Mark Douglas Bachman and Ronald Thane Thalman did not provide recommendations or advice to Claimant Melvin J. Schiebel concerning the investments in his Edward Jones account that form the core of his complaint. Mr. Schiebel made his own investment decisions, and the transactions in question were not solicited by Mark Douglas Bachman and Ronald Thane Thalman.

Mark Douglas Bachman and Ronald Thane Thalman specifically advised Mr. Schiebel against Mr. Schiebel's proposal to place blanket stop loss sell orders to minimize commissions and other trading costs to Claimant even though, in doing so, their own compensation was diminished.

Mr. Schiebel acknowledged that he was uncertain as to broker duties and industry rules governing unsolicited transactions at the time he filed his Statement of Claim, although Mr. Schiebel signed multiple contemporaneous and unambiguous statements acknowledging that his investment decisions were contrary to recommendation and advice of Mark Douglas Bachman and Ronald Thane Thalman as well as Edward Jones' research opinions.

FEES

Pursuant to the Code, the following fees are assessed:

Filing Fees FINRA Dispute Resolution assessed a filing fee* for each claim:

Initial Claim Filing fee = $ 600.00

FINRA Dispute Resolution Arbitration No. 12-02448 Award Page 5 of 6

"The filing fee is made up of a non-refundable and a refundable portion.

Member Fees Member fees are assessed to each member firm that is a party in these proceedings or to the member firm(s) that employed the associated person(s) at the time of the event(s) giving rise to the dispute. Accordingly, Edward Jones is assessed the following:

Member Surcharge = $ 875.00 Pre-Hearing Processing Fee = $ 750.00 Hearing Processing Fee = $ 1,000.00

Hearing Session Fees and Assessments The Arbitrator has assessed hearing session fees for each session conducted. A session is any meeting between the parties and the arbitrator, including a pre-hearing conference with the arbitrator, that lasts four (4) hours or less. Fees associated with these proceedings are:

Two (2) Pre-hearing sessions with a single arbitrator @ $450.00/session Pre-hearing conference: February 21, 2013 1 session =$ 450.00

March 28, 2013 1 session =$ 450.00

One (1) Hearing sessions on expungement request @ $450.00/session Hearing Date: Mav 9. 2013 1 session =$ 450.00 Total Hearing Session Fees = $1,350.00

The Arbitrator has assessed $1,350.00 of the hearing session fees to Edward Jones.

All balances are payable to FINRA Dispute Resolution and are due upon receipt.

FINRA Dispute Resolution Arbitration No. 12-02448 Award Page 6 of 6

ARBITRATOR

Katharine M. Harmeyer - Sole Public Arbitrator

I, the undersigned Arbitrator, do hereby affirm that I am the individual descnbed herein and who executed this instrument which is my award.

Arbitrator's Signature

Katherine M. Hamieyer • Signaaire Date Sole Public Arbitrator

-or F(NRA Disput6 Resolutii Date of Service (For F(P4RA Dispute Resolution office use only)