and will be listening to the argument that's been presented here today until the long form before he makes any determination on the case where one case again on the call for today you will get fifteen minutes for argument if you want to reserve some time feel free to let us know about that as well when you step up i want you to state your name for the record we represent we can begin madam clerk  l arbitration and to say all proceedings pending the resolution of an arbitration dependence upon stand on their briefs that we wanted to address a few points before your honor illinois has long favored arbitration illinois courts have found that arbitration is a favored alternative to litigation by state federal and common law because it is a speedy she's trying to agreements and the parties may determine the nature and scope of such agreements and also they may choose to limit certain rights or time period as well  our question here the individuals who question our cross country truck drivers and that's it might be an important factor here when we look at the ten day window because the very nature of their work requires them to be away from home for days at a time and maybe even for weeks at a time so if they could be a paycheck or  a check from your client and your client you know where it says ok we're going to adopt the following one thousand fans from that check because i'm invoking all these clauses in this country isn't it very possible that they wouldn't even know about aspect of the case for you here ok yeah i mean i don't know of any other type of contractual arrangement for shipley one topping pay for a blue collar worker right where there'd be ten days limitation period i mean it's just so outside the realm of normal contract law and i think that's what judge flynn was was looking at here understandable your honor on the ten day period seem short but as i indicated the parties are we don't believe that that's so long conscionable on his face that it's it should be invalid also be argued that if there is any portion of the arbitration clause that the court team's is complete conscionable then that portion indicated that arbitration of such disputes are required and it was the burden of the plaintiffs to overcome that burden and they party and thereafter if the two arbitrators cannot agree then a third impartial arbitrator would be chosen by the two arbitrator something which in that the two arbitrators letter sort of the first level there's no question goes to the notice and to the cost of the application how the drivers know the cost and you don't incorporate by reference the eight charges so it is referred to there is no case law that indicate that you have to specifically outlin know the court decisions that actually say that you have to make it very explicit with the intent to incorporate a specific document here in this arbitration agreement we were not finding that but even if there was once again the we have to look at the very circumstances of a pretty you know who is involved what are the qualities that are involved in this particular case we're talking about an arbitration provision requiring the truck drivers who are you  wage claim collection act like in their claim you're basically saying these people are not independent contractors their employees and therefore you know their employees in illinois you cannot be driving around i may be majority of the plaintiffs in this case are all residents of other states but they do spence and if you can time in illinois commuting or delivering a cargo to and from locations and in chicago at this at illinois our drivers would be precluded or not able to raise any sort of claim in their respective states so this is the only forum but the difference the fundamental difference between filing a claim with circuit court as the one before and the present case within ten days not to come here that is correct your honor at the same time the defendants i'm sorry the grades he says as as alleged in the complaint have virtually every arbitration vision and along the scope of this claim to proceed in this or or thank you thank you very much final word then just wanted to address a couple of points the plaintiff's counsel just and it was some case law that indicated that not outlining what the cost would be that cost information a fee information would be available through aaa upon bequest that was that there was no indication that there be any costs that's on the plane or also plaintiff's counsel kept mentioning these factors and these facts a central issue that we have with these facts that plaintiff keeps raising is that there are there's no immiscible evidence that was offered by plaintiffs these are just our legal arguments concerning well perhaps it would be just too burdensome for these truck drivers to come feel annoyed because there are you know all over the country there's no sufficient affidavits indicating how burdensome that would be what the cost prohibitive nest would there was no facts to support that that's one of our intentions that if the judge judge glen did want to us that's procedural a conscionable any issue and then consider the facts of the case that were raised by