3 Section 4 states in pertinent part that “[t]he court shall hear the parties, and upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.” 9 U.S.C. § 4 (emphasis added). 4 Under the FAA, a court, of course, may act in certain narrowly defined situations not applicable here.

The PSA gave Plaintiffs the opportunity to confer with 11 counsel, see Section 40, and permitted amendments, so long as they were in writing. Sec Section 4; see also Riordan Deci., Exh. B, ¶ 3. Plaintiff Mary Ann Sussex was one of the Plaintiffs who successfully negotiated an assignment and 14 assumption amendment to her PSA, despite the non-assignability clause in the 15 PSA.

Therefore, the Court finds that at the time the Union made its request the Agreement was not yet terminated, thus the Benefit Funds' request “arose under” the Agree- ment and any dispute concerning such a request is to be resolved through arbitration. Conclusion For the foregoing reasons, Plaintiffs motion to stay the arbitration is DENIED and Defendants motion to compel Carpet et Cetera to arbitrate, pursuant to the Court's power under the Federal Arbitration Act, 9 U.S.C. § 4, is hereby GRANTED. The Clerk of Court is hereby directed to CLOSE this case.

8 9 U.S.C. § 3 states as follows: If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. 9 U.S.C. § 4 states as follows: A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under Title 28, in a civil action or in admiralty of the subject matter of a suit arising out of the controversy between the parties, for an order directing that such arbitration proceed in the manner prescribed for in such agreement. The Third Circuit has set forth a two-prong inquiry for determining whether to compel arbitration under the FAA and to stay federal proceedings.

III. THE COURT SHOULD COMPEL ARBITRATION A party aggrieved by the refusal of another party to arbitrate under an arbitration agreement may petition a United States District Court for an order directing that such arbitration proceed in a manner consistent with the agreement. See 9 U.S.C. § 4. Under this principle, courts routinely compel arbitration pursuant to an arbitration agreement, even when the opposing                                                              3 9 U.S.C. § 4 provides that, “upon being satisfied that the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the terms of the agreement.

The above-referenced grounds for this motion are further set forth in the accompanying memorandum, which is incorporated herein by reference. WHEREFORE, Defendant Variant Holdings requests that the Court dismiss this action as to them pursuant to Federal Rules of Civil Procedure 12(b)(1), or in the alternative, to compel arbitration pursuant to 9 U.S.C. § 4, award movants their costs in defending this action, including reasonable attorney's fees, and grant such other and further relief as the Court may deem just and proper. Dated: November 6, 2013 Respectfully submitted, /s/ Bridget L. Halquist Bridget L. Halquist, 50317MO CHACKES CARLSON & HALQUIST, LLP 906 Olive Street, Suite 200 St. Louis, Missouri 63101 Tel: (314) 880-4472 Fax: (314) 872-7017 bhalquist@cch-law.com ATTORNEYS FOR DEFENDANTS Case: 4:13-cv-01710-HEA Doc.

Because valid arbitration agreements encompass each of Plaintiff’s claims, this Court should compel FAS to arbitrate its claims in Japan in accordance with the terms of those agree- ments, pursuant to the FAA. See 9 U.S.C. § 4. B. Dismissal, Rather Than a Stay, Is Appropriate When an action involves some arbitrable and some non-arbitrable issues, a court must stay the action pending the outcome of arbitration on the arbitrable issues.

Knepper alleges that she and similarly situated non-equity female shareholders throughout the country were discriminated against on the basis of gender. She asserts class, collective, and representative action claims against Ogletree for violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.; the Equal Pay Act of 1963, 29 U.S.C. § 206, and related California statutes, including California’s Equal Pay Act (Labor Code Case 2:19-cv-00527-JVS-ADS Document 26 Filed 04/27/18 Page 8 of 21 Page ID #:69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 3:18-cv-00303-WHO Case No. 3:18-cv-00304-WHO -4- OGLETREE’S MOTION TO TRANSFER VENUE section 1197.5) and the Labor Code Private Attorneys General Act of 2004 (Labor Code section 2698 et seq.).1 B. The Vast Majority Of Witnesses Are Located In The Central District; None Is In The Northern District. Knepper alleges that Watts, the managing shareholder in Orange County, discriminated against, harassed, and retaliated against her. Cmplt. ¶¶ 41-42, 71, 73, 76, 78-80, 83-85, 96-97, 104-106, 108-109.

Accordingly, they disagree on the “failure, neglect, or refusal to perform the same.” 9 U.S.C. § 4; Saturday Evening Post Co. v. Rumbleseat Press, Inc., 816 F.2d 1191 (7 th Cir.1987). ENFORCEABLE AGREEMENT TO ARBITRATE *3 In order to be enforceable, any agreement to arbitrate must be in writing.

Accordingly, they disagree on the “failure, neglect, or refusal to perform the same.” 9 U.S.C. § 4; Saturday Evening Post Co. v. Rumbleseat Press, Inc., 816 F.2d 1191 (7 th Cir.1987). ENFORCEABLE AGREEMENT TO ARBITRATE *3 In order to be enforceable, any agreement to arbitrate must be in writing.