Q: Plaintiff wants a renewal motion to vacate arbitration award but didn't file response defs motion to confirm then what?
If a Defendant first filed a Motion to Confirm Arbitration Award and instead, Plaintiff also filed a Motion to Vacate but did not respond to Defendants Motion to Confirm, but now attempts to file a Renewal Motion to Motion to Vacate, do they need to file a Motion to Set Aside Judgment, a Renewal Motion to Vacate? Or, do they also need to file a Response to Defendants Motion to Confirm Arbitration award? Would the Plaintiffs response to the Motion to Confirm then be crafted as if it were the original response that is now being asked to be renewed? Or, does the Plaintiff now need to file the Response to Motion to Confirm, A Renewal Motion for Motion to Vacate, and the Request to set aside?
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A:
In this situation, the Plaintiff may need to address both the Motion to Confirm and the new request to vacate the arbitration award. Since the Plaintiff did not initially respond to the Defendant's Motion to Confirm, it would be necessary to file a response to that motion, as the court likely views it as unopposed. The Plaintiff should craft this response as if it were the original opposition, focusing on the arguments they intend to make regarding why the arbitration award should not be confirmed.
Additionally, if the court has already entered judgment based on the Defendant's Motion to Confirm, the Plaintiff may need to file a Motion to Set Aside the Judgment before proceeding with any renewed Motion to Vacate. This step would ensure that the court considers the Plaintiff's position on the arbitration award.
It’s also important to ensure that the renewed Motion to Vacate is properly filed, along with any necessary supporting documents. The Plaintiff should be clear in their filings that they are seeking both the vacating of the arbitration award and the setting aside of any judgment that may have been entered.
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