Prospect Funding Holdings (NY), LLC v. Ronald J. Palagi, P.C., L.L.C. et al

Filing 13

ORDER - The plaintiff's motion for leave to file a reply brief (filing 12 ) is granted. The defendants may respond to the plaintiff's application to confirm arbitration awards (filing 1 ) on or before March 23, 2018, pursuant to NECivR 7. 1(b). The plaintiff may reply in support of its application on or before March 30, 2018, pursuant to NECivR 7.1(c). The Clerk of the Court shall set a case management deadline for March 30, 2018, with the following docket text: Check on submission of plaintiff's application to confirm arbitration awards. Any request from the defendants to vacate the arbitration award shall be presented by separate motion, filed pursuant to NECivR 7.1(a), on or before March 23, 2018. The plaintiff may respond to such a motion, should one be filed, on or before April 13, 2018, and the defendants may reply in support of their anticipated motion on or before April 20, 2018. Ordered by Judge John M. Gerrard. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PROSPECT FUNDING HOLDINGS
(NY), LLC,
8:18-CV-15
Plaintiff,
vs.

ORDER

RONALD J. PALAGI, P.C., L.L.C., et
al.,
Defendants.
This matter is before the Court on the plaintiff's motion for leave to file
a reply brief (filing 12). The Court will grant that motion, but will do so by
establishing a briefing schedule for both parties to fully submit their claims
to the Court for disposition.
There may be some initial confusion about the nature of this action.
Generally described, the plaintiff seeks judicial confirmation of an arbitration
award pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq. The
plaintiff's initial pleading (filing 1) is captioned as an "Application to Confirm
Arbitration Awards," but was electronically filed in CM/ECF as a complaint. 1
The defendants' initial pleading (filing 11) is captioned as an "Answer to
Application and Cross-Petition to Vacate Arbitration Award," but was
electronically filed in CM/ECF as an answer. It was accompanied by a short
affidavit (filing 11-1), but no briefing or citation to authority establishing the
legal basis for either opposing the plaintiff's application or vacating the
arbitration award.
1

To be clear, the Court is not criticizing plaintiff's counsel for that: the Court is aware that

CM/ECF has a limited selection of initiating documents for an attorney opening a new case.

Because of the possibility that the defendants were confused by the
plaintiff's initial filing, the Court will provide the defendants with an
opportunity to correct that deficiency. To make sure everyone is on the same
page: an application to the Court under the FAA "shall be made and heard in
the manner provided by law for the making and hearing of motions" except as
otherwise provided. 9 U.S.C. § 6. That means the Federal Rules of Civil
Procedure and this district's Local Rules relating to motion practice. See Fed.
R. Civ. P. 81(a)(6); NEGenR 1.1(a).
So, the plaintiff's application (filing 1), which was supported by a brief
and evidence (filing 2) as required by NECivR 7.1(a), shall be treated as a
motion to confirm an arbitration award pursuant to 9 U.S.C. § 9. The
defendants shall have 21 days to file a brief in response and any necessary
supporting evidence, pursuant to NECivR 7.1(b), and the plaintiff may reply
in support of its motion pursuant to NECivR 7.1(c). Any request to vacate the
arbitration award pursuant to 9 U.S.C. § 10 shall be filed as a separate
motion, to which the plaintiff may respond and the defendants may reply, as
provided by NECivR 7.1.2
IT IS ORDERED:
1.

The plaintiff's motion for leave to file a reply brief (filing
12) is granted.

2

By setting a deadline for filing such a motion, the Court expresses no conclusion as to

whether the motion would be timely. See 9 U.S.C. § 12.

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2.

The defendants may respond to the plaintiff's application to
confirm arbitration awards (filing 1) on or before March 23,
2018, pursuant to NECivR 7.1(b).

3.

The plaintiff may reply in support of its application on or
before March 30, 2018, pursuant to NECivR 7.1(c).

4.

The Clerk of the Court shall set a case management
deadline for March 30, 2018, with the following docket text:
Check on submission of plaintiff's application to confirm
arbitration awards.

5.

Any request from the defendants to vacate the arbitration
award shall be presented by separate motion, filed
pursuant to NECivR 7.1(a), on or before March 23, 2018.

6.

The plaintiff may respond to such a motion, should one be
filed, on or before April 13, 2018, and the defendants may
reply in support of their anticipated motion on or before
April 20, 2018.

Dated this 2nd day of March, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

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