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- Substantive
Petition to compel arbitration (State Court)
[Style of Case]
PLAINTIFF’S ORIGINAL PETITION TO COMPEL ARBITRATION
TO THE HONORABLE JUDGE OF SAID COURT:
_____ (hereafter “Plaintiff”) files this Original Petition complaining of _____ (hereafter “Defendant”) and would show the Court as follows:
THE PARTIES
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Plaintiff is an individual who is a resident of the State of Texas.
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Defendant is a corporation duly qualified to do business in the State of Texas.
JURISDICTION AND VENUE
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Defendant was doing business in _____ County, Texas, at all times relevant to this lawsuit and did business in _____ County, Texas, that caused the incident that is the subject of this lawsuit. Further, the incident and the damages sustained because of the incident occurred in _____ County, Texas. Therefore, jurisdiction and venue are proper in _____ County, Texas. As a proximate result of said “incident,” damages in excess of the minimum jurisdictional limits of this Court were incurred by Plaintiff. The damages suffered include, but are not limited to, _____.
SERVICE
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Defendant may be served by serving the Petition, citation, and service of process upon the [Defendant personally/appropriate registered agent, person and/or entity upon whom service can be obtained].
FACTS
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The Defendant [entered into a contract/was subject to a mandatory arbitration agreement] with Plaintiff. The contract provides for mandatory binding arbitration pursuant to the Texas General Arbitration Act (Sections 171.001-171.020 of the Texas Civil Practice and Remedies Code). Attached hereto as Exhibit “A” are true and correct copies of _____ pages of the [contract/mandatory arbitration agreement]. Pursuant to Article _____ of the [contract/arbitration agreement], Plaintiff demands that Defendant proceed to arbitration to resolve this dispute.
ALTERNATIVE PLEADINGS IN THE EVENT
THE COURT DOES NOT COMPEL ARBITRATION
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In the unlikely event that this Court does not compel arbitration of this matter, Plaintiff pleads the following causes of action and seeks relief pursuant to the common law of Texas.
[INSERT CAUSES OF ACTION]
JURY DEMAND
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Plaintiff demands that this Court empanel a lawful jury to hear this case.
RESERVATION OF RIGHTS
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Plaintiff specifically reserves the right to bring a cause of action for breach of an express warranty and other additional causes of action against Defendant and to amend this Petition as...
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- Substantive
- Notice of intent to use discovery products
- Plaintiff's original petition
- Petition to compel arbitration (State Court)
- General complete release in favor of defendant (with mutuality option)
- Defendant's standard brief in support of motion to compel arbitration, dismiss and stay proceedings (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)
- Settlement agreement and release (includes owbpa language)
- Affidavit - Discovery Authentication
- Motion to stay pending arbitration, alternatively motion to dismiss (Federal Court)
- Special exception & answer (State Court)
- Defendant's motion for summary judgment: mitigation of damages
- Separation and release agreement (for unrepresented employee)
- Consolidation Motion (Fed.)
- Unopposed Mtn Expedite 5th Cir. Appeal
- Brief supporting MTN to expedite appeal
- Brief for emer. MTN for temp stay pend appeal to fifth circuit
- Emergency MTN for temp stay pending appeal to 5th CIR
- AFFIDAVIT-Business Records
- Opposition to MTN. To vacate arbitration award; MTN and brief to confirm arbitration award
- Order granting objections to summary judgment evidence
- AFFIDAVIT - Authentication of deposition excerpts
- Defendant's motion for summary judgment: after-acquired evidence, wrongful discharge, constructive discharge, IIED, retaliation, whistleblowing
- Response to EEOC Charge of Discrimination
- Joinder in/ consent to removal
- Plaintiff’s Original Petition-Sabine Pilot/Refusal to Perform Illegal Act
- Plaintiff's original petition-FMLA, ADEA
- Plaintiff's brief in support of motion for summary judgment-adea-federal court
- Plaintiff's petition - employment agreement - FRAUD
- Plaintiff's petition - workers' compensation retaliation
- Plaintiff's letter brief-gender discrimination-cat's paw doctrine
- Plaintiff's response to defendant employer's motion for summary judgment - workers' compensation retaliation case
- Defendant's plea to jurisdiction
- Defendant's motion to dismiss for lack of subject matter jurisdiction and supporting brief - title VII - Federal Court
- Order of dismissal
- Amended complaint - TCHRA - age discrimination
- Motion for summary judgment (by employer) for false imprisonment and breach of contract
- Plaintiff's motion to dismiss pursuant to settlement
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