Motion to compel arbitration, dismiss, and stay (State Court)

[Style of Case]

DEFENDANT'S MOTION TO COMPEL ARBITRATION,

MOTION TO DISMISS, AND MOTION TO STAY PROCEEDINGS

TO THE HONORABLE JUDGE OF SAID COURT:

_____ (hereafter "Defendant"), pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (hereafter "FAA"), moves this Court to compel arbitration to dismiss the Plaintiff's lawsuit with prejudice to the refiling of same and, until such time as the Court rules on Defendant's Motion to Compel Arbitration, to stay all proceedings in this lawsuit.

Defendant would show the Court the following: Texas and federal court cases have clearly recognized that the FAA requires a court to compel arbitration when an employment dispute is covered by an arbitration agreement. In support of this motion, Defendant relies on the following: the pleadings, papers, and evidence filed with the Court. These are incorporated herein by reference, for all purposes, the same as if set forth verbatim. Specifically, Defendant relies on its brief in support of this motion, the Affidavit of _____, attached hereto as Exhibit "A,” the Affidavit of _____, attached hereto as Exhibit "B," the Affidavit of _____, attached hereto as Exhibit "C," and the state and federal law applicable to this motion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court set this motion for oral argument and that upon oral argument this Court grant Defendant's Motion to Compel Arbitration, compel Plaintiff to arbitrate all of Plaintiff's claims with Defendant, dismiss this lawsuit with prejudice to the refiling of same, and grant Defendant such other and further relief, general or special, at law and in equity, to which Defendant is justly...