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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...
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- Substantive
- Defendant's Motion for Summary Judgment: Mitigation of Damages
- General Complete Release in Favor of Defendant (With Mutuality Option)
- Plaintiff's Original Petition
- Settlement Agreement and Release (Includes OWBPA Language)
- Separation and Release Agreement (For Unrepresented Employee)
- Petition to Compel Arbitration (State Court)
- Motion to Compel Arbitration, Dismiss, and Stay (State Court)
- Defendant's Standard Brief in Support of Motion to Stay Pending Arbitration (Federal Court)
- Notice of Intent to Use Discovery Products
- Defendant's Standard Brief in Support of Motion to Compel Arbitration, Dismiss and Stay Proceedings (State Court)
- Special exception & answer (State Court)
- Motion to Stay Pending Arbitration, Alternatively Motion to Dismiss (Federal Court)
- Joinder in/ consent to removal
- Defendant's Motion for Summary Judgment: After-Acquired Evidence, Wrongful Discharge, Constructive Discharge, IIED, Retaliation, Whistleblowing
- Consolidation Motion (Fed.)
- Response to EEOC Charge of Discrimination
- Opposition to MTN. To vacate arbitration award; MTN and brief to confirm arbitration award
- Brief supporting MTN to expedite appeal
- Unopposed Mtn Expedite 5th Cir. Appeal
- Brief for emer. MTN for temp stay pend appeal to fifth circuit
- Amended Complaint - TCHRA - Age Discrimination
- Emergency MTN for temp stay pending appeal to 5th CIR
- AFFIDAVIT-Business Records
- Order Granting Objections to Summary Judgment Evidence
- Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Supporting Brief - Title VII - Federal Court
- Affidavit - Authentication of Deposition Excerpts
- Affidavit - Discovery Authentication
- Plaintiff's Response to Defendant Employer's Motion for Summary Judgment - Workers' Compensation Retaliation Case
- Plaintiff's Motion to Dismiss Pursuant to Settlement
- Plaintiff’s Original Petition-Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's Original Petition-FMLA, ADEA
- Motion for Summary Judgment (by Employer) for False Imprisonment and Breach of Contract
- Plaintiff's Petition - Workers' Compensation Retaliation
- Plaintiff's Petition - Employment Agreement - Fraud
- Plaintiff's letter brief-gender discrimination-cat's paw doctrine
- Plaintiff's brief in support of motion for summary judgment-adea-federal court
- Defendant's Plea to Jurisdiction
- Order of Dismissal
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