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Motion to Lift stay?


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Hi.  I need some help and I know it's last minute.


I filed a motion to Compel Arbitration against Capital One when they motioned for Summary Judgment..  The judge granted my motion about 3 months ago.  Last week, I saw a package from Capital One with a Motion to Lift the  Stay and return the MSJ back on the docket.


The motion hearing is tomorrow.  The package got lost in the shuffle as I had to move. So, it's my fault.


When we initially had the motion hearing, I had a 2008 agreement and they had nothing.  Fast forward to today and they say that the Customer Agreement changed in 2010 and has no Arbitration Agreement.  But, in the 2008 agreement there is a survivability clause.  I was going to argue that in court and see how far it takes me.  I was wondering, can Captial One even file this motion. 


Any help would be great.  Thanks.   Btw, I live is Massachusetts.

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