IN THE UNITED STATES DISTRICT COURT  FOR THE DISTRICT OF DELAWARE      DAVID BURNETT, et al.,    :              :        Plaintiffs,    :              :              v.        :  Civil Action No. 22-270-RGA              :  PRUDENT FIDUCIARY SERVICE, LLC, :        et al.,          :              :        Defendants.  :      MEMORANDUM ORDER      Defendants filed a motion to compel arbitration. (D.I. 24). The motion was fully briefed.  (D.I. 25, 27, 29). I referred it to a magistrate judge. (D.I. 32). The Magistrate Judge held oral  argument. (D.I. 36). The Magistrate Judge issued a thorough Report and Recommendation,  recommending I deny the motion. (D.I. 53). Defendants filed objections, to which Plaintiffs  responded. (D.I. 56, 58). I review the Magistrate Judge’s recommendationde novo.    The legal question presented is whether the “effective vindication” exception to an  ERISA Plan’s agreement to arbitrate renders the agreement’s arbitration provision invalid as  applied to the sort of lawsuit Plaintiffs have brought here. The Magistrate Judge’s Report and  Recommendation is persuasive on this point. It was also prescient. Within a few weeks of its  issuance, the Tenth Circuit, on a complaint alleging the same theories as in the instant case,1 and  with essentially the same arbitration agreement, thoroughly analyzed the same issues and came    1  Plaintiffs’ counsel inHarrisonare also Plaintiffs’ counsel in this case.  Case 1:22-cv-00270-RGA Document 59 Filed 03/08/23 Page 1 of 2 PageID #: 418