I am in a State in the east coast, and could not get my hand on an arbitration agreement (MBNA/BOA/FIA). But during discovery, the plaintiff produced it. I filed a motion with the court asking for the case to be dismissed or stayed pursuant to the arbitration clause. The judge gave plaintiff 30 days to respond to the motion, however, the lawyer approached me in the halfway talking settlement. This was an OC, and I got a great settlement which I could live with. Now I am going on to case #2. I was able to do this because the agreement allowed removal even after the case had been filed in court and was proceeding.