Arbitration Motion granted, but we must initiate!! HELP!

[KentWA]

I would argue the issue stronger than that. State that the language is in there because election means that their right to litigate has been waived and the proper course of action is for them to dismiss the case and file with named arbitration forum. As an alternative Stay the case perminantly.

[trueq]

Precisely! Focus on dismissal!

Make other guy "glad" to initiate in exchange for saving the case with a permanent stay.

[david9041]

Originally Posted by KentWA

I would argue the issue stronger than that. State that the language is in there because election means that their right to litigate has been waived and the proper course of action is for them to dismiss the case and file with named arbitration forum. As an alternative Stay the case perminantly.

I did not know a Stay could be permanent , how would that work ? I still do not understand how they come up with 60 days where in our rules or laws do they find that? What if no time limit exists at all , that would be a good argument to make . If there is a limit I can't find it ?


Trueq , I told my wife you said we should think bigger , now she wants to make it 5 Mil , but I talked her down to the 100,000 , easy way to make 90,000 . The dread has turned into fun .

[david9041]

Originally Posted by KentWA

I would argue the issue stronger than that. State that the language is in there because election means that their right to litigate has been waived and the proper course of action is for them to dismiss the case and file with named arbitration forum. As an alternative Stay the case perminantly.

I forgot , If I argue that and I want to but what would I call it ? Maybe MOTION TO DISMISS and state my argument to Dismiss instead of 60 day Stay ? The agreement states it real clear , anything other than a Dismiss would be litigation .

[david9041]

Originally Posted by KentWA

I would argue the issue stronger than that. State that the language is in there because election means that their right to litigate has been waived and the proper course of action is for them to dismiss the case and file with named arbitration forum. As an alternative Stay the case perminantly.

How does this sound ?
OBJECTION TO PLAINTIFF'S MOTION TO STAY PENDING DEFENDANT'S INITIATION AND OUTCOME OF ARBITRATION


The Plaintiff's Motion to give the Defendant a time limit to initiate Arbitration is both unfair and unjust , Defendant has no control over the Arbitration Forum . When Defendant Elected Arbitration it stopped Plaintiff's right to litigation and Plaintiff demanding a time limit would be in fact litigation after Defendant ELECTED Arbitration . The Agreement is clear on this issue . Defendant begs this court to dismiss this case

[trueq]

Usually judge will stay case for 60 days for the party to initiate....

Once initiated and documents showing the arbitration has been initiated are delivered to the court, the court enters an order permanently staying the case pending outcome of binding arbitation.

some judges just stay it permanently off the bat and don't "give a rip" which party initiates.

Like I said, this initiation thing is all over the map, its how you deal with it is what counts!

[KentWA]

Argue every point and possible scenario in your motion. Typically your opposition to their motion can be something like 25 to 40 pages, USE THEM.

[trueq]

This issue of "initiation" will be one of a thousand roadblocks available to you in arbitration not available in litigation!