Cameron M. Hancock (Utah Bar No. 5389) R. Gary Winger (Utah Bar No. 6456) Ryan B. Frazier (Utah Bar No. 9007) KIRTON McCONKIE 50 East South Temple, Suite 400 Salt Lake City, UT 84111 Telephone: (801) 328-3600 Fax: (801) 212-2087
[email protected] [email protected] [email protected] Attorneys for Utah Soccer, LLC, d/b/a Real Salt Lake IN THE THIRD JUDICIAL DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH MIKE PETKE, an individual, UTAH SOCCER, LLC, D/B/A REAL SALT LAKE’S MOTION TO Plaintiff, COMPEL ARBITRATION AND v. DISMISS OR, IN THE ALTERNATIVE, STAY THE PROCEEDINGS UTAH SOCCER, LLC, d/b/a REAL SALT LAKE, a Utah limited liability company, Case No. 190907265 Defendant. Judge Patrick Corum Pursuant to Rules 7(b)-(c) and 12(b)(1) of the Utah Rules of Civil Procedure and the Utah Uniform Arbitration Act (“UUAA”),1 Utah Soccer, LLC, d/b/a Real Salt Lake (“RSL”), by and through counsel, hereby respectfully files this Motion to Compel Arbitration and Dismiss or, in the Alternative, Stay the Proceedings (the “Motion”). 1 See UTAH CODE ANN. § 78B-11-101 et seq. INTRODUCTION, RELIEF REQUESTED, AND GROUNDS THEREFOR At the heart of this dispute is the September 30, 2017 employment agreement between Plaintiff Mike Petke (“Petke”) and RSL (the “Agreement”).2 Petke challenges the propriety of his termination under the Agreement for inappropriate post-game conduct unbecoming of an RSL representative. The Agreement requires Petke to arbitrate the dispute. Specifically, the Agreement provides that “[Petke] expressly acknowledges that [he] is subject to the jurisdiction of the League Commissioner” and will “comply with .