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I filed a petition to confirm an arbitration...

Resolved • Response time 15 minutes

21 Sep 2021

I filed a petition to confirm an arbitration award as well as filing a non consent to a magistrate. But the magistrate has taken my petition & is trying to converted my petition to a civil complaint. I have filed motions after motion trying to get the District Judge but it is intercepted by the magistrate & dealing with my petition as a civil complaint. What can I do to get the court back on the right track?
JA: What state are you in? It matters because laws vary by location.
Customer: Colorado
JA: What steps have you taken so far?
Customer: Motion to disqualify the magistrate
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Motion to vocate the order reference
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21 Sep 2021

Ask your own question
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

Hello,

My name is ***** ***** I am an attorney with Just Answer. I would be happy to try to help  you, but I need a brief description of what led up to an arbitration award?


  1. Are or were you represented by an attorney?

  2. Was the Arbitration conducted by an Arbitrator chosen by both sides?

  3. Was this binding arbitration?

21 Sep 2021
Customer reply
21 Sep 2021
1. no 2. yes 3. yes. After the award, the respondent had 90 days to file a motion to vacate in which they failed to do so. When i filed for petition to confirm in the u.s. district court, it was also filed for a non consent to a magistrate. however i am having a problem with this magistrate because he is contenually trying to treat this as a civil complaint in which i have objected numerus times but he is going forward regardless
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

Thank you.  Please be patient while I also help other customer.  I will be back in a few minutes.

21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

What are you trying to do with the the decision your arbitrator made?

21 Sep 2021
Customer reply
21 Sep 2021
Petition to confirm
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

Why did you file this motion in federal court?  Was the issue regarding federal law?

21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

Was a lawsuit originally filed in federal court, or not?

21 Sep 2021
Customer reply
21 Sep 2021
i know you have a lot of questions but lets assume everything was done correctly on my end and filed in the right court/jurisdiction etc... my question is, what can i do to get this magistrate out of the way? because he has show prejudice among other actions that is not permetted by FAA rules. he has gone rogue.
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

You are right about filing an Arbitration award in federal court to give it the same effect as if a  judge's ruling.

If the US Magistrate took your filing as another lawsuit, then you need to file a motion or correct or dismiss the lawsuit and file again.

I don't know what you said or what happened to lead the federal magistrate judge to think this was a new lawsuit

21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

This could be his or her clerk who did this.

21 Sep 2021
Customer reply
21 Sep 2021
he is aware it is a Petition to confirm but he is refusing to treat it as such. he is fighting me through this to deny me relief. even thou i have filed a non-consent to a magistrate, i am unable to get past to get my petition heard by a judge. they are blocking me at every step. What can i do about it?
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

You cannot get past the magistrate without his or her permission.  Why did you file a non-consent, and what was it?  You said you were trying to get the arbitration award confirmed according the FAA statute.

21 Sep 2021
Customer reply
21 Sep 2021
i filed a non-consent for fear of a magistrate screwing up my petition which is exactly what is happening now.
21 Sep 2021
Customer reply
21 Sep 2021
if a magistrate takes actions which is outside of his authority, what can you do?
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan
Attorney at Law

That is apparently where you made your mistake.  A non-consent institutes automatically starts a law suit.  You have to follow the Federal court rules for civil procedure whenever you file anything in court.

I am not allowed to give legal advice to our customers on Just Answer to not form a professional attorney client relationship.  We can give legal inform only.

I gave you the information you were asking, to get the lawsuit dismissed and then file the correct document to affirm the arbitration award.

21 Sep 2021
Customer reply
21 Sep 2021
thank you for your time, i appreciate it
21 Sep 2021
Lawyer's response
21 Sep 2021
Jan
Jan

You are very welcome.  Thank you for contacting Just Answer.  I hope my legal information has been helpful and meets with your satisfaction.  Good luck.  I hope you get everything done correctly this time, to put our mind at ease.

My best regards,

Jan

Customer rating:
Jan
Jan
Attorney at Law
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Expert
21 Sep 2021
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