Fill and Sign the Gustt Bibb Et Al Plaintiffs V Montgomery County Jail Form

IN THE CIRCUIT COURT OF ______ COUNTY, ALABAMA ___________________; and *___________________,* * Plaintiffs,* ** vs. *CIVIL ACTION NO.: * _________________________ *CV-98________________________; et al. * * Defendants. * PLAINTIFFS OPPOSITION TO DEFENDANT’S MOTION TO STAY 1.The Plaintiffs, ___________________________________________, filed their Complaint in this matter in November of 1998. Subsequent thereto, the Defendant _______ removed this case to the United States District Court. 2.Because _______ had removed the case without the service on and consent of an individual Defendant, ________________, and Plaintiffs’ Motion to Remand, the case was remanded to this Court on March 3, 1999.3.________thereafter filed a Complaint and Petition to Compel Arbitration in the United States District Court under the Federal Arbitration Act, 9 U.S.C. §§3 and 4 (hereinafter “FAA”).4.Plaintiffs filed a Motion to Dismiss _______’s Complaint and Petition on the basis that the FAA is not applicable to contracts of insurance made in Alabama, and that assuming arguendo it does apply to give the a basis for enforcement of arbitration, one of the requirements of being able to utilize the Act is lacking: the __________ did not voluntarily enter into a written agreement to arbitrate its fraud claims against _______. The __________ also assert _________ action is due to be dismissed because it violates the ___________ rights to a trial by jury under the United States and Alabama Constitutions. 5.Because the state of the law supports Plaintiffs’ Motion to Dismiss, Plaintiffs expect the District Court to dismiss __________ Complaint and Petition. Thus, this matter will be fully pursuable by the __________ in this Court.6.It would be inequitable for a stay to be entered in this case at present because of a separate action the Defendant _______ decided to file in the United States District Court. The Plaintiffs should be allowed to continue with pursuance of this case in this Court to avoid prejudice of time and delay. WHEREFORE, Plaintiffs respectfully request that this action not be stayed pending the outcome of the Federal action filed separately by the Defendant _______. JOHN DOE & ASSOCIATES, P.C. Attorneys for Plaintiffs Post Office Drawer ____Mobile, Alabama ______(334) ________BY:______________________________ Plaintiff’s attorney Attorney’s number CERTIFICATE OF SERVICE I do hereby certify that I have on this _____ day of March, 1999, served a copy of the foregoing pleading by mailing same by United States mail, properly addressed and first class postage prepaid, to the following: Defense counsel listed here ____________________________________Plaintiff’s counsel