John Doe, Pro Se Address City, State Zip Code IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA Citibank South Dakota, N.A. Plaintiff, vs. John Doe Defendant. Case No.: CV2010 xxxxx MOTION TO COMPEL ARBITRATION

Motion to Compel Arbitration COMES NOW the Defendant to compel arbitration pursuant to the arbitration terms contained within the attached Citibank Cardmember Agreement(Agreement). It states under the ARBITRATION section on page 11 and 12 of the Agreement: ³ARBITRATION ± PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.´

binding arbitration for any claim. elect mandatory.. Plaintiff asserts Defendant should initiate arbitration with ³To the extent Defendant is interested in resolving this matter through binding private arbitration or some other acceptable means/forum..´ Plaintiff agrees defendant has elected arbitration pursuant the arbitration terms in the Agreement and therefore admits Plaintiff's election for traditional litigation is restricted and Plaintiff's right to go to court has been waived. without others consent.The Agreement states on its page 12: "Agreement to arbitrate: Either you or we may.properly elected traditional litigation as a means to collect subject credit card debt. and the Credit Card Agreement places no restriction on election to do so. Defendant bears the responsibility of initiating those proceedings.. Courts will customarily stay proceedings for a time sufficient to allow party requesting arbitration to initiate such proceedings.´ Plaintiff continues to be deceptive and misleading to the Court and has not supported his statement with specific case orders when he says ³In cases similar to the present matter.. Plaintiff is intentionally being deceptive and misleading to the court to avoid mandatory binding arbitration as elected by the defendant when it was stated ³[citibank]. dispute.´ Plaintiff's attorney is a certified and legal professional who has reasonably and diligently reviewed the contract before filing this suit pursuant to American Bar Association ethical Cannons. ´ There is no . or controversy between you and us (called "claims"). therefore.

When a dispute arises over the precise meaning of the Agreement. an indication that Plaintiff expects to initiate arbitration on claims upon their defendants.dispute. the right to go to court has been waived. in which arbitration was elected. The Agreement is clear on which party can elect arbitration but does not make clear which Party should initiate arbitration.. it is preposterous to have the defendant initiate a claim upon his/herself on behalf of the Plaintiff and because arbitration has been elected. Motion to Dismiss Plaintiff admits to the arbitration clause contained within the Agreement ³. The Agreement specifies Plaintiff will pay the cost of arbitrator and arbitration firm for the first day. Since Plaintiff initiated traditional litigation and has given to the defendant.the agreement between the Parties does allow either party to elect and compel a court order . it is reasonable for the Court to compel Plaintiff to initiate arbitration with either and only National Arbitration Forum or American Arbitration Association as specified in the Citibank Cardmember Agreement. thusly there is no basis to ³stay´ the litigation as requested. Plaintiff cannot complete litigation in this court. Defendant's only responsibility to the Arbitration clause contain within the Agreement is to elect arbitration or not elect arbitration. the choice of venue. Defendant has elected arbitration. competent legal professionals realize that it must be interpreted against the drafter of the Agreement..

Plaintiff violate their Agreement again by attempting to deny Defendant's right to arbitration by demanding production of Plaintiff's alleged agreement that has been intentionally concealed and withheld by Plaintiff and by demanding Defendant initiate a claim upon him/herself on behalf of the plaintiff. and illegally concealed the waiver of litigation in this case before and after the Summons and Complaint.. There is no dispute the Plaintiff and Seidberg Law Offices. Plaintiff attempts to deny the right to arbitration when it is demanded for Defendant to produce ³.. Plaintiff admits the Agreement has be read and comprehended and thusly admits Plaintiff is being deceptive by intentionally concealing and withholding the Agreement which contains the governing arbitration provision. Upon receipt of Defendant's notice to elect arbitration.. Further.´. There is no dispute the arbitration clause was exercised by Defendant... This case should have been dismissed by Plaintiff upon Defendant's election of Arbitration! Plaintiff violates the very Agreement they are insisting very strongly that is upheld by asserting entitlement to prosecution after the right prosecute was waived. P.the Credit Card Agreement which contains the governing arbitration provision.´.C.. Plaintiff waived any and all rights to litigate this matter. therefore.to arbitration. It is not the responsibility of the Defendant to produce the Plaintiff's alleged Credit Card agreement. . Further. There is no dispute the arbitration clause exists in the Citibank Cardmember Agreement. illegally concealed the Agreement.

Plaintiff violated the Agreement they insist be upheld. 3. via fraud and concealment. via this motion. Defendant¶s Consumer rights have been violated at Defendant deserves all immediate remedies. 4. _____________________________ John Doe. Wherefore the Defendant prays the Court grants the following: 1. By Defendant having to raise the onus of dismissing for improper venue. 4. That this case be dismissed with prejudice. Both parties have waived the right to litigation due to defendants election of arbitration. RESPECTFULLY SUBMITTED this ____ day of ______________ 2011. Pro Se . Award Defendant costs and damages and any other relief the Court deems just and appropriate. 2. Plaintiff is unfairly attempting to maintain its litigation rights. 2.Plaintiff once again violated their Agreement by asking this court for anything other than immediate dismissal when it reasonably realized it lost Venue in this case. That the Plaintiff be compelled to initiate arbitration. That the Plaintiffs be compelled into arbitration per their agreement. Defendant is entitled to dismissal of this case on the basis of: 1.

2011 with: Clerk of the Court Maricopa County Superior Court Address Mesa. Arizona 85204 Copy of the Answer mailed this _____ day of ________.Original filed this _____ day of ________ . 2011 to: Seidberg Law Offices PC PO Box 7290 Phoenix Arizona 85011 Attorneys for Plaintiff By: _____________________________ .

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