Motion to stay pending arbitration, alternatively motion to dismiss (Federal Court)

[Style of Case]

DEFENDANTS' MOTION TO STAY COURT PROCEEDINGS

PENDING ARBITRATION, AND IN THE ALTERNATIVE,

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

Defendants _____ (hereafter collectively "Defendants"), subject to their previously filed removal, file this Motion to Stay Court Proceedings Pending Arbitration.

1. RELIEF SOUGHT

   Pursuant to Federal Rule of Civil Procedure 12(b)(6), (hereafter the “Rules”), and the Federal Arbitration Act, 9 U.S.C. §§ 1, 3, Defendants seek a stay of Plaintiff's causes of action pending arbitration. Plaintiff has failed to state a claim upon which relief can be granted by this Court because all the causes of action pled by the Plaintiff are subject to the parties' agreement to arbitrate their disputes. This agreement is enforceable under the Federal Arbitration Act (the "Arbitration Act") and, pursuant to section 3 of the Act, this action must be stayed since the claims asserted by Plaintiff are referable to arbitration.

2. PROCEDURAL BACKGROUND

   Plaintiff filed a lawsuit in state court on _____. Immediately after filing their removal, Defendants timely have responded with this Motion to Stay and in the Alternative Motion to Dismiss Complaint for Failure to State a Claim.

3. FACTUAL BACKGROUND

   Plaintiff is a former employee of Defendant _____. Plaintiff was fired for [violating the written policies of Defendant _____. Specifically, Plaintiff violated Defendant’s _____ policy]. Plaintiff claims that Plaintiff was [wrongfully discharged _____ ].

4. PLAINTIFF'S CAUSES OF ACTION

   Plaintiff has pled _____ causes of action. These include: _____. Plaintiff has sought over $_____ in actual damages and seeks recovery of punitive damages.

5. LEGAL BASIS FOR THIS MOTION

   Plaintiff's employment by Defendant is a transaction involving commerce as defined by section 2 of the Arbitration Act. Plaintiff [signed/was subject to] _____ Agreement, which contains a written agreement to arbitrate any disputes between Plaintiff and the Defendants. The claims asserted by Plaintiff in this action fall within the scope of the parties' agreement to arbitrate. Thus, the arbitration provision is enforceable by this Court under the Arbitration Act and, pursuant to section 3 of the Act, this action must be stayed.

6. This Motion is based upon the records, pleadings, and papers filed with the Court and Defendants’ brief in support of this Motion together with the Affidavits attached to this Motion. Defendants further...