on the other and what the order actually did was to say you can't arbitrate class claims are you can only arbitrate individual  claims in that respect it's more similar to like bush lite where you get half of a loaf you know you can arbitrate in the form you want but you can arbitrate in a different form here you can arbitra if at the end of the day you have to sort of throw up your hands and say what i just said why should you send it back and let the district court look again your honor i find that the order opinion is final based on several things first of all the title of the order repeatedly has the word judgment in it it's called the order granting motion of defendant groom a corporation for judgment on the pleadings and for declaratory judgment but if that's true what happened to the clas simply no day i think the court disposed of the individual claims by sending them to arbitration with respect to the class representative claims the court refused to send them to arbitration but didn't state them didn't reserve an i would expect that the a police would say that we did again i think that now is the appropriate time i don't think that judge real intended to do anything else with respect to this case i think you intended to have it off his docket there's a k s six notation on this order as well as the prior march fifth two thousand order which is an indication of the kirk clark believed that these matters were done and over with such an indication that he wanted it off of his case management calendar doesn't have any other significance you of there there's case i believe it's that these cases which says it doesn't have any significance that well it's sort of a different situation because that was in the context of an administrative closure but it certainly indicates certainly indicates was the one who had the authority to make all the decisions with respect to the arbitrator but i think it at the time the law was unclear which was the basis for the appeal the law was unclear with respect to what the arbitrators powers were which was the basis for the appeal in one thousand came down subsequently i also don't want to add with respect to the issue of jurisdiction in addition as i said to a certain jurisdiction under the f a a and the issue of whether it's a final order we do also start another basis for jurisdiction which is twenty eight influential it is finding based on justice stevens comments that he was concurring in the opinion for the purpose of creating a controlling judgement i think it is absolutely finding other courts that have looked at whether basil is binding have all determined that it is in fact finding the fifth circuit impaired core looked at the basil case that was justice stevens said and made a determination that justice stevens did create a binding opinion there have been no courts since basil that directv case so we think that the arguments about islam is not binding is completely without merit and we also believe that the district court's order should be reversed because it is in violation of the orion case which prohibits a reversal of an interim order of the arbitrator when the arbitrator requested the the district court's guidance with respect to the issues that he requested in the order it was certainly his intent much in fact if not all of what the arbitrator indicated the arbitrator indicated the california law applies judge will determine that federal law applies to every traitor determined that how do we know he did that i how do we well ok so he's required to submit his dispute the final and binding arbitration pursuant to section four and to the court's prior order right but he's not making a determination that federal exactly what we've got to deal with isn't going to i i the order is somewhat vague with respect to the wording cell the way that i can allies order is to look at because have harmed he thought the court had the authority to do what it did she didn't think the question of who the right decision maker was was even before the court and then he says well i think we need to have a result here so because arguably well let me ask you this if the us suppose that the regime is the keating regime ok ok and if the arbitrator did everything by the by the books ok he said ok but the arbitration agreement doesn't preclude a class action silent on it and under california law that means it could be or could not be a class action but that determination is for some trial court ok so how does that kind of intended it to go to  to do this keating analysis and i've considered whether this case is really the kind of case that should go forward as a class action an arbitration or isn't and i think it should or shouldn't for these reasons first of all with respect to sending this matter back down to just feel to make some clarification or decision about what he would do in light of basil i think that if the if it goes back to judge real and he says anything other than in light of basil i don't have the authority to do anything in the arbitrator has the authority to decide all the class issues it's real or to see anything other than that i think we're going to be right back here with before this court with respect to the same issues and maybe this court but not this  cross case and basically finds that it's abrogated so i would argue that because the a versus direct t v really has a negative impact on keating and the last point i want to make to this court is it seems over the last year or so that there has been a trend in all the courts to allow the arbitrator's to make more and more decisions and to have more and more authority and i think too little make a ruling in the other direction would