Fill and Sign the Stipulation for and Order for Stay of Proceeding Washington State Form

IN THE __________COURT OF ___________________ (Name of County) STATE OF _______________ (Name of State) ______________________ PLAINTIFF (Name of Plaintiff) VS. CAUSE NO. __________ ______________________ DEFENDANT (Name of Defendant) Motion to Stay Action Pending Arbitration Comes now ___________________ (Name of Defendant), Defendant, in the above-captioned cause, who, by and through his attorney moves the Court for an order staying the trial of the action until arbitration has been had in accordance with the terms of a written agreement between _________________ (Name of Plaintiff), Plaintiff, and ___________________ (Name of Defendant), Defendant. This motion is made and based on the following grounds: 1. On __________________ (date), Plaintiff and Defendant entered into a written Agreement, a copy of which Agreement is attached as Exhibit A, and incorporated by reference. The Agreement stated the following in Section 17: 17. Mandatory ArbitrationAny dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 2. Under the terms of the Agreement, any controversy arising out of the Agreement or its performance is to be settled by arbitration in the manner specified in the Agreement. 3. A controversy has arisen between Plaintiff and Defendant over the above- mentioned contract and its performance, with respect to (state nature of controversy) _____________________________________________________ ___________________________________________________________________
, which is the subject of these proceedings and/or in the jurisdiction within which the arbitration is occurring and/or that litigation must be commenced and continued, if not commenced and continued in the court within the jurisdiction where such dispute occurs and/or in the court in which plaintiff resides. 4. Plaintiff has failed to appear in court in connection with this action and, consequently, a court has jurisdiction to order a default judgment entered against plaintiff for such failure to appear, which judgment is in lieu of any pending or further action pending between plaintiff and defendant. 5. A proceeding is pending before a court at (city, county, state), concerning matters related to the above mentioned dispute, which will be the subject of a trial if plaintiff does not appear and present her case in response to plaintiff's motion. This action has been filed in such court and has merit to it. 6. The court finds that, subject to the foregoing, sufficient to enable plaintiff to proceed with her motion under this section, plaintiff has failed to appear and present her case at the hearing ordered by the court and this has been the reason why a default has been entered against plaintiff in the matter, the amount to be determined by the court after consideration of all factors relevant to this case. 7. Plaintiff seeks an order enjoining defendant from continuing the action while arbitration is pending and such an order would give her a time period during which to conduct the arbitration. 8. For the avoidance of doubt the order may be granted subject to further hearing after opportunity for hearing. Certificate of trustee certificate of trustees name of defendant: state of (state name of state, county, etc.) plaintiff: (name of plaintiff, if different from name of defendant) (date and place of trial/notices to the jury, if any) (county and state where case was commenced/in which it is being prosecuted, if any) (court where proceeding is commenced, if any) (county and state where trial taking place) (county and state from which the judgment is entered/if there is no county in which the case was commenced) (county and state from which the case arose/if there is no county in which it was instituted) (state from