CONTACTS 
0201 - Amer. Arbtrn Assn.                 415 981 3901 fax 781 8426
020101 - Ms. Marcela Taylor; Case Administrator =415 984 5433
020102 - Case Administration
0202 - Mark G. Foti General Contracting   650 ... .... fax or 800...
020201 - Mr. Mark G. Foti

SUBJECTS
Joining Parties
Schedule
Preliminary Hearing
980206 Hearing
Joining Parties
Total Estimated Claim $100K
Compensation for Arbitrator

1009 -    ..
1010 - Summary/Objective
1011 -
101101 - Follow up ref SDS 11 4000, ref SDS 10 1599.
101102 -
101103 - Preliminary hearing will be held at AAA on 980401.  Received multiple
101104 - letters today dated 980225 from AAA that cause confusion about agenda
101105 - for preliminary hearing on 980401, and scheduling prehearing matters.
101106 - Therefore, I issued an order giving Foti until 980310 for responding
101107 - to Demand for Arbitration. ref SDS 0 3519, and making Foti subject to
101108 - the AAA order dated 980225 for the results of the 980206 hearing,
101109 - except he gets an additional month for discovery.
101110 -
101111 - Submitted via email to Marcela at AAA ref DIT 1 1736, requesting that
101112 - she prepare an order on these points.
101113 -
101114 - I will visit her on Monday to review the order prior to it being
101115 - issued, and I will review the case record to ensure there are no
101116 - missing documents. ref SDS 0 1992
101117 -
101118 -    [On 980228 sent clarification of this record and revised letter
101119 -    dated 980227. ref SDS 12 2069.]
101120 -
101121 -    [On 980304 received AAA's 980303 letter which conveys to the
101122 -    parties the insturctions developed in this record and submitted by
101123 -    my letter to AAA dated 980227, ref DIT 1 6495, per, ref SDS 14
101124 -    3925.]
101125 -
101126 -
1012 -
1013 -
1014 - Progress
1015 -   ..
101501 - Today I received in the mail from AAA the following documents
101502 - all dated 980225 in a single envelope, which create confusion by
101503 - duplicating the content of prior AAA documents dated 980219, and
101504 - conveying the agenda for the 980401 hearing that is the same as the
101505 - agenda for the prior hearing held on 980206.  This gives the
101506 - appearance of changing the agenda for the 980401 hearing which was
101507 - published in the prior 980219 AAA letter, which is re-issued in the
101508 - 980225 letter etc, etc, etc,.
101509 -
101510 - I am not sure even SDS can keep track of this stuff, so I will try to
101511 - minimize explanations to the parties and simply set an agenda that is
101512 - reflective of the record and fair to Foti, per ref SDS 0 4111,
101513 -
101514 - This is added reason for a hearing at the AAA offices instead of
101515 - another conference call.
101516 -
101517 -
101518 -
101519 -  ..
101520 - Order Resulting from Preliminary Hearing Held on 980206
101521 - Scheduling Prehearing Matters Re-issued for New Respondent Foti
101522 -
101523 - Received from AAA ref DRT 2 3738 dated Feb 25, 1998.
101524 -
101525 -     This letter is identical to AAA's letter, ref DRP 7 2880, dated
101526 -     Feb 19, 1998, received at ref SDS 10 2343, except it is addressed
101527 -     to all three parties, now that Mark Foti has been added as an
101528 -     additional Respondent.
101529 -
101530 -     This letter divides the arbitration expenses three ways instead of
101531 -     only 2. ref DRT 2 3858
101532 -
101533 -     This letter advises the new party, Foti, of discovery and
101534 -     pre-hearing scheduling matters, discussed by the parties at the
101535 -     hearing attended by cousel for Claimant and Respondent Weinmann on
101536 -     980206. ref SDS 7 4450
101537 -
101538 -
101539 -      ..
101540 -     Foti Needs More Time for Discovery
101541 -
101542 -     Since Foti is just being admitted to the case, he needs a
101543 -     different discovery schedule.
101544 -
101545 -     The other pre-hearing scheduling dates seem to be okay, but Foti
101546 -     should be permitted to request changes based on not having had
101547 -     the opportunity to participate in the prior hearings.
101548 -
101549 -
101550 -      ..
101551 -     Adjusted arbitration fee payments due by 980522
101552 -
101553 -     AAA letter dated 980225 notifies the parties of adjusted
101554 -     arbitration fee payments as a result of Foti being joined in the
101555 -     case. ref DRT 2 3858  This revises AAA letter dated 980219, which
101556 -     is ref DRP 7 0937, received on 980221. ref SDS 10 2638
101557 -
101558 -     Deposits required by 980522 for hearing to begin on 980622. see
101559 -     ref DRT 2 3687
101560 -
101561 -          [On 980319 AAA notified parties of additional fees due to
101562 -          hearing on 980401. ref SDS 18 1752]
101563 -
101564 -     Further and separate deposits for pre-hearing matters is discussed
101565 -     below. ref SDS 0 1957
101566 -
101567 -
101568 -  ..
101569 - Schedule Another Preliminary Hearing on 980401
101570 -
101571 - Follow up ref SDS 10 2730.
101572 -
101573 - Received from AAA ref DRT 3 1756 dated 980225.
101574 -
101575 -     This letter mainly duplicates the content of the AAA letter, ref
101576 -     DRP 3 2953, dated 980108 which set the scope for the first
101577 -     preliminary hearing.  This is done as a courtesy for Mr. Foti, so
101578 -     that he is aware of issues that can be addressed. ref DRT 3 3356
101579 -
101580 -     In fact, however, such issues have already been resolved as
101581 -     between Claimant and Respondent Weinmann.
101582 -
101583 -     I will therefore make a ruling that applies the prior procedures
101584 -     to Respondent Foti, and permit Foti to request changes if needed.
101585 -     ref DIT 1 1736
101586 -
101587 -
101588 -      ..
101589 -     Foti Can Raise Prior Issues at Hearing on 980401
101590 -
101591 -     Since all of the issues have been discussed and pre-hearing
101592 -     matters are scheduled by AAA's other letter dated 980225, ref DRT
101593 -     2 3738, as noted above, ref SDS 0 2767, we need to notify Mr. Foti
101594 -     that the agenda for the preliminary hearing on 980401 will be as
101595 -     shown in para 1 of the other AAA letter dated 980225, ref DRT 2
101596 -     4393, logged above ref SDS 0 2767, except Mr. Foti will be
101597 -     permitted to request reasonable changes to accomodate his late
101598 -     entry into the case.
101599 -
101600 -         I prepared this notice, ref SDS 0 3519, per below, and my
101601 -         letter to AAA. ref DIT 1 3402 and ref DIT 1 4857,
101602 -         ..
101603 -         I decided not to try to clarify the agenda for the
101604 -         980401 hearing, since doing so is too confusing due to
101605 -         multiple letters dated 980119 and 980225, per above. ref SDS 0
101606 -         0840  Instead, I merely indicate that Foti can raise prior
101607 -         issues, as needed. ref DIT 1 2502,
101608 -
101609 -
101610 -      ..
101611 -     Foti to Submit Stipulation on Arbitrator's Compensation
101612 -
101613 -     Respondent Foti is requested to submit the stipulation on
101614 -     Aribtrator's compensation. ref DRT 3 3357, which was submitted by
101615 -     the other two parties. ref SDS 1 2807
101616 -
101617 -
101618 -      ..
101619 -     Arbitrator's Prehearing Compensation, Parties to Deposit Funds
101620 -
101621 -     AAA asks the parties under Rule R52 to deposit within 14 days of
101622 -     date of letter (980225 + 14 = OA 980311) $200 each for
101623 -     Arbitrator's time prior to the hearing. ref DRT 3 4101, which
101624 -     relates to ref SDS 9 1701.
101625 -
101626 -     This is supplemental to fees for the arbitration, discussed above.
101627 -     ref SDS 0 8840
101628 -
101629 -        [On 980308 received AAA letter 980306 giving parties until
101630 -        980324 to make deposit. ref SDS 15 1387]
101631 -
101632 -
101633 -  ..
101634 - Notice of Arbitration Hearing on 980622
101635 -
101636 - Received from AAA ref DRT 1 0000 dated Feb 23, 1998.
101637 -
101638 -     It is identical to AAA's letter, ref DRP 8 1133, received at ref
101639 -     SDS 11 1736, except it is addressed to all three parties.
101640 -
101641 -     This letter just schedules the hearing for 980622. ref DRT 1 2160
101642 -
101643 -
101644 -
1017 -
1018 -
1019 - 1557 called Marcela
1020 -
102001 -  ..
102002 - Preliminary Hearing on 980401 Will Be Held at AAA Offices
102003 -
102004 - Marcela said she has notified the parties of decision to have a face
102005 - to face meeting at AAA for the preliminary hearing on 980401 at 1000.
102006 - ref SDS 11 6419 She said there are no objections from any party.
102007 -
102008 -     This point is noted in the order issued today at ref DIT 1 1168.
102009 -
102010 -
102011 -
102012 -  ..
102013 - Foti Given Until 980310 to Respond to Demand for Arbitration
102014 -
102015 - Marcela will issue an order to the parties that the Aribtrator has
102016 - consented to joining Foti as an additional party, ref DIP 3 1290, and
102017 - that Foti has until 980310 to respond to the Demand for Arbitration.
102018 - ref DIT 1 1388, which modifies the disucssion with Marcela yesterday.
102019 - ref SDS 11 2665
102020 -
102021 -     This point is in the order at ref DIT 1 1941.
102022 -
102023 -     [On 980310 received Foti's answer which was filed on 980309. ref
102024 -     SDS 16 2446]
102025 -
102026 -
102027 -
102028 -  ..
102029 - Order on Prehearing Scheduling and Procedures to Add New Party
102030 -
102031 - Marcela said that she advised Respondent Foti in a telephone call that
102032 - he can contact counsel for the Claimant to obtain an explanation of
102033 - the claims being brought againtst Respondent, per discussion
102034 - yesterday, that Respondent does not understand claims. ref SDS 12 3212
102035 -
102036 - Marcela said she spoke to her supervisor who indicated that the
102037 - arbitrator can order the Claimant to notify Respondent Foti of the
102038 - specific claims and amounts which comprise the amount of recovery
102039 - being claimed in the Demand for Arbitration.
102040 - ..
102041 - As a result of telecon with Marcela and the new letters received
102042 - today, as reviewed above, ref SDS 0 0840, I decided to issue an order
102043 - to bring Foti into alignment with existing orders for scheduling
102044 - discovery and the hearing, and to give Foti the chance to request
102045 - reasonable changes, if needed.
102046 -
102047 -     These matters are addressed in the order issued today at ref DIT 1
102048 -     1090.
102049 -
102050 - I also specified a date for Foti to file any counterclaims. ref DIT 1
102051 - 1096
102052 -
102053 -
102054 -
102055 -  ..
102056 - Schedule for Claimant and Respondent to Specify Claims
102057 -
102058 - As a result of Respondent Foti's complaint, per telecon with Marcela
102059 - yesterday, ref SDS 11 3212, that Demand for Arbitration is vague, I
102060 - set a schedule under Rule 10 for Claimant to issue a detailed
102061 - explanation of specific claims by 980317. ref DIT 1 3205, similar to
102062 - Claimant's filing on 980128. ref DRP 5 5355 received on 980139. see
102063 - ref SDS 5 4515
102064 - ..
102065 - Respondent must file any specific counterclaims by 980324. see
102066 - ref DIT 1 1096
102067 -
102068 -      [On 980310 Foti's answer to Demand for Arbitration says Foti will
102069 -      submit counter claim OB 980324. ref SDS 16 2159]
102070 -
102071 -      [On 980318 Claimant notifies Foti that detailed statement of
102072 -      claim is the same Exhibit B that Claimant filed against Weinmann,
102073 -      received on 980129. ref SDS 5 4515 - see ref SDS 17 3723]
102074 -
102075 -
102076 -  ..
102077 - AAA Case Documents Still Missing
102078 -
102079 - Marcela said she still has not been able to find the missing
102080 - documents she mentioned yesterday. ref SDS 11 1010
102081 -
102082 - I explained I have been unable to get by today, but will do so on
102083 - Monday to review the case record so it is complete.
102084 -
102085 - I prepared, ref DIT 1 1736, to AAA with instructions for issuing an
102086 - order on all of the above matters.
102087 -
102088 -     [On 980302 meeting at AAA indicates the missing documents arise
102089 -     from parties not submiting copies of case information to AAA when
102090 -     communicating directly with Arbitrator. ref SDS 13 2919]
102091 -
102092 -     [On 980304 received AAA letter to parites directing them to
102093 -     correct the record and file all case information with AAA case
102094 -     administrator. ref SDS 14 5390]
102095 -
102096 -
102097 -
1021 -
1022 -
1023 - 1708 called and notified AAA
1024 -
102401 - Left voice mail to Nina King that ref DIT 1 1736 was sent to her via
102402 - email for Marcela Taylor.
102403 -
102404 - Talked to Marcela and advised of having sent the email to Nina.
102405 - Marcela will get it from Nina on Monday morning.  She will prepare an
102406 - order to the parties, and will contact me for approval of the actual
102407 - text prior to issuing it.
102408 - ..
102409 - The next day I sent a revision of ref DIT 1 6495 to incorporate
102410 - anlaysis of the AAA documents dated 980225, which were received today,
102411 - but not fully analysed until after the conversations that led to the
102412 - first version of ref DIT 1 6495.
102413 -
102414 - I decided not to make the second submission a different document,
102415 - because it would just add to confusion in the record for deeper levels
102416 - of citations.
102417 -
102418 -    [On 980228 sent clarifyication of this record and revised letter
102419 -    dated 980227. ref SDS 12 2069.]
102420 -
102421 -    [On 980302 met with Marcela and confirmed she is using the correct
102422 -    version of the 980227 letter to AAA. ref SDS 13 1759]
102423 -
102424 -
102425 -
102426 -
1025 -