The hearing on the competing Petition to Confirm and Petition to Correct/Vacate the arbitration award is CONTINUED to 03/25/21.
A key issue in determining the ruling on these petitions is the alleged lack of further disclosures/conflicts by the arbitrator following defendants’ substituting Bondurant, Mixson & Elmore, LLP in as its counsel on 01/09/20. The Court notes defendants do attribute additional post-award disclosures by the arbitrator in response to an email from plaintiff. ROA #93, p. 1:21-2:15. Although defendants indicate an email from the arbitration firm reflecting statements attributed to the arbitrator was attached to the declaration of attorney Rains at Exhibit A, no such evidence was attached to either his declaration or the declaration of attorney Weaver which were filed in support of defendants’ opposition. ROA #93, p. 2:15; ROA ## 94-95.
The Court continues the hearing to permit defendants to file and serve a supplemental declaration with the missing evidence attache
Hearing Date
February 25, 2021
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The hearing on the competing Petition to Confirm and Petition to Correct/Vacate the arbitration award is CONTINUED to 03/25/21.
A key issue in determining the ruling on these petitions is the alleged lack of further disclosures/conflicts by the arbitrator following defendants’ substituting Bondurant, Mixson & Elmore, LLP in as its counsel on 01/09/20. The Court notes defendants do attribute additional post-award disclosures by the arbitrator in response to an email from plaintiff. ROA #93, p. 1:21-2:15. Although defendants indicate an email from the arbitration firm reflecting statements attributed to the arbitrator was attached to the declaration of attorney Rains at Exhibit A, no such evidence was attached to either his declaration or the declaration of attorney Weaver which were filed in support of defendants’ opposition. ROA #93, p. 2:15; ROA ## 94-95.
The Court continues the hearing to permit defendants to file and serve a supplemental declaration with the missing evidence attache