Wallace and Donnetta Duncan, et al. - Page 4

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          additional information * * * relevant and probative” to the                 
          arbitral issues.  At the conclusion of the 30-day discovery                 
          period, if the arbitrator determined that he had sufficient                 
          information to prepare findings, then a 30-day review period was            
          to commence.  If the arbitrator determined that he did not have             
          sufficient information to prepare findings, then the 30-day                 
          review period could be tolled for up to 30 days to allow the                
          arbitrator to request and the parties to provide additional                 
          information.  At the conclusion of the review period, the                   
          arbitrator was required to provide his written findings to both             
          parties simultaneously.  Within 10 days thereafter, the parties             
          were required to submit the arbitrator’s findings to the Court.             
               The 30-day discovery period began on May 5, 2003.  In a                
          June 30, 2003, letter, the arbitrator advised the parties that he           
          was extending the initial 30-day discovery deadline from June 5             
          to July 1, 2003, after which “no additional information” could be           
          accepted.  On June 13, 2003, petitioners submitted information to           
          the arbitrator.  On July 6, 2003, 5 days after the extended                 
          deadline, petitioners submitted additional information to the               
          arbitrator.  Respondent alleges, and petitioners do not dispute,            
          that on July 24, 2003, the parties informally agreed that                   
          respondent would not object to petitioners’ July 6, 2003,                   
          submission as being untimely if petitioners would submit no                 
          additional information to the arbitrator.                                   






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