Unopposed Mtn Expedite 5th Cir. Appeal

IN THE

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______

NO. _________

_______

_____________,

vs. Plaintiff-Appellee,

___________________, INC./

___________________,

and _____________________ COMPANY, Defendants-Appellants,

_______

CERTIFICATE OF CONFERENCE

On __________, a conference was held with __________, attorney for opposing party, regarding the merits of this motion. Attorney for Appellee said that Plaintiff does not oppose this motion.

______________________________

Attorney for Appellant

UNOPPOSED MOTION TO EXPEDITE APPEAL

To Said Honorable Court:

I. JURISDICTION

Pursuant to Fifth Circuit Local Rules 27.2.11 and 34.5, Appellants _____________, Inc./ _____________ and _______________ Company (collectively "Defendants") move this Court to expedite the appeal process in the matter styled Plaintiff v. , Inc., et al., Case No. ________, United States District Court for the _________ District of Texas, _______ Division.

II. BACKGROUND

Plaintiff filed suit in state court. Defendants removed to federal court. Defendants filed a Motion to Stay Proceedings in the district court pending arbitration. The district court denied Defendants' request to compel arbitration. Defendants filed an Emergency Motion with the Fifth Circuit seeking to have discovery in the district court stayed pending Defendants' Appeal to the Fifth Circuit, which this Court denied.

III. RELIEF SOUGHT

Because discovery and the other proceedings in the district court have not been stayed, the parties to this Appeal must proceed with discovery and other activities as per the district court's Scheduling Order. All parties to this appeal, both Plaintiff and Defendants, wish to minimize their costs and expenses before proceeding with extensive discovery and other matters in the district court, in the event that the Fifth Circuit reverses the trial court and compels arbitration.

Therefore, Defendants respectfully request, and Plaintiff does not oppose, this Court expediting this appeal so that the parties may have oral argument or this Court's decision as soon as possible.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that this Court grant Defendants' Unopposed Motion to Expedite Appeal and grant Defendants such other and further relief, general or special, at law or in equity, to which Defendants may show themselves to be justly entitled.

CERTIFICATE OF INTERESTED PERSONS

The...