insurance company of america has also been submitted on briefs there's a clock on the podium at the council should note that the clock counts down when it starts counting up you've got over if we were just hypothetically if we were to agree with you that the previous arbitration or should be vacated we should be sending the nd case back to the district court to deal with  could have been brought in saying that they were state claims they could have been brought in when i just mentioned was an exception or that one the appellant bradley stair would have to have agreed for to go to arbitration to give up his right to a jury trial for that one too be it wasn't mandatory arbitration i guess is what i'm trying to say on that one but if you reverse the case and with that i'll be compelled to arbitration yes can you get back to where you started i'm so can you you're going to tell us understand the time if you're ok then as far as the refusal to postpone the arbitration hearing you read the facts and under the federal arbitration act and a the three day continuing to sort because it was to choose the most correct i a three well because at one point somebody was asking for twenty one days if some other court somebody was asking for an would even just something like that so that's my question just the record indicated whether or not the arbitrators were told that he would be available on the next monday yes and i believe that they say that they're just discussing the for the feedback it says here to the birth of my st child i will be unable to attend the remaining hearings for this proceeding is currently scheduled for the week of the th or the next week starting the th i must therefore request this proceed be postponed a later date i furthermore intend to take up to twelve weeks of personal time i don't see anything in here saying he'll be available by phone or he can be there on a moment's notice it just says he can't do it the next two weeks and then he needs twelve weeks also was this request by the plaintiff same basic i can't be here for the next three months all right why can't the arbitrator take that into consideration when there is siding whether to go forward on a candidate and like i said earlier gone for twelve weeks why can't you are pretty say you know what we think this guy's running from this thing we don't we're not going to wait around twelve weeks for even if mr merge was here we're still going to kick this for kick resumed next monday and the arbitrator said we've got enough we'll just decide the kids have no final argument no hearing from you you don't get to put on your witnesses if a district judge did that we would find that to be arbitrary so why is it a assume that the request that the claimant made was excessive to the arbitrators have any responsibility to say you know will resume next monday as opposed to  yourself in the arbitrator's perspective they didn't have the option of coming back next monday because mr sayer had already said i'm not going to be there and ms murphy why couldn't they continue the hearing with mr sir well certainly they did continually that afternoon after yes and then they would get that doesn't sound like hearing to me if i'm take you said will they continue they continue without the presence of the claimant or as counsel as counsel was ill and the claimant said he couldn't be there that day and so they said well that's ok we'll just enough information let's go forward and by the way mr merge in his opening statement said i'm going to call two witnesses i know i'm going to call two witnesses one was ms by saki with j p morgan's corporate representative who he did call that st mor concluded his examination of her the other was mr sayer so again looking at whether the arbitrators had any reasonable basis putting yourself in their shoes and i want to walk through the circumstances that led to that point this yourself in their shoes suspicious of the reasons that were being presented to them mr sayer for seventy eight months didn't disclose to anybody to the to the risk to the chase to the arbitrators that his wife was pregnant then the said basically the hearing may be interrupted briefly then he proceeded with his opening statement where he said here are the two witnesses i know i'm going to call and then after there's there's evidence in the record that he was there was some question about his preparedness to conduct that response and said who are the witnesses vassie about witnesses for the next day asking about exhibits and then the next morning there's this then then there's this again a request for a longer continue wasn't mr sayer identified mr murdoch there's no offer of proof to that effect there's nothing in the record that indicate wanted to call again mr march in his opening statement said i hear the two witnesses i know i'm going to time because we have more witnesses for this evidence to present or mr merchant needs to address their exhibits nothing like but it is that obvious this was scheduled this arbitration hearing was scheduled for nine days we were joined in later for days with evening sessions they were able anticipated more evidence from one side or the other both so continuing on with the timeline the nd morning ms merge comes in and says we need it we need a longer continuance because mr mr merge is not feeling well and mr sayer has to be with his wife who is having a baby and unavailable until next week that was the statement the center would be the next one that yes yes and so the arbitrator said ok we had they clearly expressed some concerns about that one of the arbitrator said to ms mirch your husband yesterday gave us notice clearly that mr sayre would might be out for a day while his wife was having a baby now you're saying longer but and as any reasonable judge would to use your example your honor what the district where we do the arbitrator said please substantiate your request for a continuance and the reasons why you are requesting it come back with a note for missed from the doctor for mr merchant and come back with a note from m doctor just saying that he had to go for more examination he had been to urgent care and they had sent him to the emergency room because they hadn't had the sufficient and well let me let me read a man page one hundred and fifty eight of the excerpts of what they were going to get from they once they received the information from ms march they got the letter not only regarding that the doctors know regarding mr merge which was vague but also now a note from mr sanders saying not that i request until next week but i am taking twelve weeks off i will not be here he was abandoning the hearings and they expressed concern about look we understand the need with his family he's for a short period  were facing an indefinite continuance they had talked about their c and that's that's what that's what i'm trying to get you to respond to me on the other side may have been negligent in the way they requested to continue it's not maybe enough for your p but the implication that it was happening he had to be out then was not true that the arbitration couldn't proceeded through the next week and the baby still wouldn't have been born but he abandoned the hearings and the arbitrators were faced with that and so then it was reasonable for them to conclude that we we don't have this option of going forward in the next monday because mr sayer is gone his counsel has said we want an indefinite continues what was presented to them by both counsel a request for an indefinite continuance and it was reasonable for them to say we have sufficient evidence here this is an arbitration and there are plenty of cases that say that waiting for another year would be an unnecessary delay you for right that's your time thank you  that the record makes clear that you tend to court what's what's trouble so is that nobody on your side said look we'll be ready we'll be able to go next month or the monday after