motion to confirm an arbitrator ward that would clearly be seeking money judgment if you don't already obtained an arbitration it was just a matter of converting it into a money judgment then attachment would be fairly obvious to assert but at the time of your effort to attach there hadn't even been arbitration right you were seeking in that motion to compel arbitration different aspects first the action for money judgment for purposes of what touches it is the use arbitration for monetary award they was an effort to compel arbitration had been litigation litigation would have been for the purpose of obtaining ultimately a money judgment right if there was litigation and the purpose of the arbitration was not just to arbitrate the purpose of the  ultimately to obtain a monetary award and so whether you call it litigation arbitration the purposes were the same to obtain a monetary war is that what you say yes you yes and my question to you is did thirty five or two has several requirements that you have to fulfill when you approach judge fallon he was first then judg ted out the mistake we realized it would be better to pursue our hero and then her other basis for the ruling was citing blacks to have your money judgment contemplates an immedia miller representing to sort of grow up but perhaps the first time in my life i don't know where to begin but i'll talk to no one there a lot of people were trying to get this pig are a lot of people were trying to get yes about five creditors a union over in brazil and i think that may go to the question you just asked  the invalidity of the attachment because it made its own attachment property the state court will take am did it right we intervened in the federal court to protect our interests you can read in the same measure they did but with protective the other parties like stem core for instance now has today wooed she found incorrectly i think that there was subject matter jurisdiction under the convention for the day was claim and that that in turn gave a right of attachment that was before ours but then she found that this attachment was improper because it was under thirty five forty two per requisite for which the restriction on which is that there be the attachment must be sought in an action for a money judgment so when you look at her opinion in this really is where i would start to judge vance makes clear that her case turns on several things and not on the absence of on central model act being an accidental always in a law an error on her part which is amazing because judges as diligent as they get that statue fall of the louisiana droid x i don't know how it happened that point was not briefed to the district court by the way she came up with the reference to the arbitration statutes on and they be that's so take that away and she's got black's law dictionary yeah she's got well she's got the plain meaning of article court of law forty two what could be clear that money judgment you mean action well but action you have a problem with because you aren't disputing that are motion to compel arbitration is an action it's not it is an action but it's not an action for a money right so we're just coming down to the phrase money judgment right what would they do in the arbitration what would they be talking about you know tread litigate whether or not there should be judgment in favor of day were against the defendant when you say you know money talking about money money but and an appropriate court and get an order a we've just let it most said that's a formality right it is convertible to money judgment it's not necessarily a formality of the enforcing the judge can as a matter of practice it may not be but the thought about it before but all right but a motion to compel arbitration they conceded today isn't itself an action for a money judgment i think that's what i heard them acknowledge but my looking at the louisiana law at this  the it is in connection with an action for a money judgment we have conceded that the motion to compel other suit to compel is not an action for a money judgment the judge has found that the plain meaning of the statute is what it is she's boasted that opinion by reference to black then she boasted that even more importantly i'm on to the fact that it tattooed prejudgment is a drastic extraordinary remedy that was not suit i can't comment on that offhand because i don't know the answer i haven't formulated they have to but i do know that when we're talking about this pacific type of attachment of the five types that are allowed as articulated in thirty five forty one nonresident attachment that thirty five forty two says that that particular type of attachment has to be accompanied by has to be asserted in an action for a money judge but then it goes on the terminal clause says regardless of the origin of the frankly they i thought it was the action of proceeding on the convention it is and that type of proceeding does get treatment as a federal question and is the basis for subject matter jurisdiction well i certainly understand your callers and i caused quite a bit myself sorting this out but i came clearly to the view that the convention is chapter two of the f a a and the original statute one through eight is chapter one and section two of weight of chapter two pressley incorporates the provisions of chapter one unless they're inconsistent and section four of the original lacked requires an aggrieved party and the case law hol process to get the grain attachment here it defeats sex life not necessarily i mean it may in this particular instance but that doesn't make the thirty five forty two requirement void ob an issue or even in let you know back to if i may to the subject matter jurisdiction and unless you had a follow up the aggrieved party requirement to my chagrin in looking at this and getting ready i found four cases that are just blasters if i and i guess i guess i do have to follow them as i'm slow on the uptake so so what you're telling me is they could file litigation pursuing money damages they could for purposes of obtaining the priesthood attachment way to have both in louisiana you can't because of the restriction on thirty five forty two and the state of remember that that is a procedural statute that's divorced from arbitration i just stands out there when the state of illogical way no and it seems to me given the plain meaning of the statute that is the appellant problem in fact so thought judge vance because she says it is telling that day we can cite no case supporting its attempt to circumvent or change or rewrite the very language of thirty five forty two i suggest that that absence of a case i but then you haven't cross appealed that and yet you're saying it goes to the jurisdiction she had that's correct and that's what your case it's subject matter jurisdiction yes it's case of controversy and that's what those cases are right they do that was dealing with the convention subject matter jurisdiction for the convention i don't think so ok memory is not what it used to be but that i'm positive that the maritime section a detachment that you've got to address the issue for a case to be resident of god and it even has to be on the point of the controversy to be dictum that statement is an aside it is a nonevent legally and all the cases i didn't write a very good letter to you all explaining all of that i just didn't have time to there are many things going on opera pay out about a two page outline of why that is all i can either send that to you and section two is the heart of that statute in the heart of all of this because it says it's called the equal footing provision it says that a us and arbitration should be so maybe we'd better read instead of trust  is the children of the family parents committed to the nursing home did not have proper power of attorney to sign a contract with this book the argument was kentucky who were held that the children didn't have power of attorney because even though the power of attorney was brought the court found that to agree to all that right it must be specific  into something else in my notes of the tropicana case judge advance in response to your question i like so much i hate to use the word circumvent it may get you to stand back obtain an attachment so we don't even get to that well i respectfully disagree you can't do that and in particular if you're honest will look at the tropicana case which you cited i think page eight of  brings the tropicana case just makes it perfectly clear that a prejudgment attachment is not an independent action it is not an independent action it i guess i should point out to both of the argument that concepcion all these no doubt as to the intent of congress that is the focus of the of the equal footing preemptive rule when it says quote the principal purpose of the is to ensure that private all the trade agreements are enforced according to their terms continuing on to say this purpose is readily apparent from the text section and thank you counsel your time is expire argument you're making is if he's right about thirty five forty two it would be preempted by wrecked yes you're now saying he's not right because the phrase money judgment doesn't exclude an action that a terminally would end up in ok so now tell us again why louisiana law thirty five forty two has a right to thirty five forty two has to exist before you would take recourse in thirty five zero two zero two mechanisms no not in  other words thirty five zero to those priests suit or pre arbitration mechanisms of thirty five four four four nine ok all right ok maybe it's back to the records i question you  two three five four two they use the term plaintive and the suit the legislature purposely replaced those terms with action to that there were because the ferry forced to touch with those maritime attachment there were more affidavits and more exhibits and that there was a very good petition but that suit was a consolidated into this proceeding  and then judge fallon entered an order finding good cause to allow you not to file your immediately percent thirty five zero two i look at this record cites that's fine thank you thank you very much i'm going to ask you to come forward to the mike i will allow you to do in one case urge you to look at that tropicana case which explains precisely why thirty five forty two was amended and it was just to make sure that liquidated on liquidated that and the