fine your brief replete with this fight of lack of attention to correct grammar and respect for the english language i i would highly suggest that you proof carefully before submitting them because when you have the type of errors that are in the brief and then the high number zero and it really distracts from your argument and i think i say that to you  just so that you know going forward that it would be a really good idea to review your material carefully well they certainly would agree and i did submit a corrected read to the court a and constitutional obligation to provide due process to the employees and they did it for two reasons not only the constitution but at the expense of having  that raises a problem for you doesn't it in other words we have to find that it was an abuse of discretion we can't simply say that if we been sitting here in the first instance we'd find a date or two delay excusable we have to say that that the alonso you'll see that in fact you are to use a much broader determination in terms of the abuse of discretion also if you look at your c judgment when the relevant factors were exercising its discretion based on error of the law or clearly erroneous fact finding so it seems to me that abuse of discretion is the term which this email system which was found for example so in fact it was one day in the three days in there are other issues with even if we accept the proposition that it's one day i think you've got a pretty good argument on thought outweighed the short timeframe well they did but for example they said that i should have been familiar with the rule on paper based on my past practice i am not was familiar with not when i do a douglas case i list the criteria single spaced and i list with the agency determination that criteria single spaced and then i dress the arrow because i believe that the fact you have to block out that part of the brief which is subject to a word count and then you have to pay still on another page and then you have to get a workout and it's not a very fission weight of working working particularly when when you're limited because of the the non availability of records the efficient ways just to look at the pages for example in this quarter i can look at the number of pages determine whether or not i'm close to the workout or in this case would be the page count and that was a practice that i thought of it it seems to me that that my obligation is to create a submit a response a brief and if i want to just file a motion on friday saying motion for attention of time for two days in order to to remove words from the from or from the petition that you know we've all practiced law which you do is you watch for your deadline and if you think you're not going to make it you see if you can't get an extension well because i guess  that is i believe that this court act court would do with this court would do that because of the shortness of time and it was a very short time when when i finally got time to completed the the new it would  be considered amendments and therefore the most efficient way of doing it for the court would be to to submit a proper brief or proper petition and a little bit late and  reasonable reason for failing to do it promptly then you look at the time in you know the other factors and you determine the most efficient way around a way of doing it as presenting because of the dilemma i found myself and appropriate to the to the board when they opened up their doors on monday morning using the economic system which i was required to adopt because it's much more efficient and allows service on the agency to it so it is in my view on a very small are the results in good cause and that is in fact what herring said you look at the duration of time in the duration of time was really quite small you looked at and herring also came is a decision that came after the thinking it's really i mean you call it three days but your system was down if lawyers at our court try to file any c f and the systems down we generally give them at that as if it's a weekend well you would likely correspond or at least close to correspond minute is a pretty big gap if you're talking about a five page differential why even have thirty pages why not say twenty five pages well your i think the court has to accommodate more than just  so you know and the words whichever is less signal don't just do one make sure that both comply and that was included in the in the initial decision that included in the words regulations you know i think the council complaint brief on monday why isn't that good not well your honor i think if the board has regulations and the chief counsel and parties are required to be familiar and if counsel had read the allow excusable neglect by counsel to serve as good cause in other cases so in other words some lawyers who messed up get a break and some lawyers to mess up don't write well your honor when there are of course has no additional questions excusable in light of the particular facts and intending circumstances i would agree that there were alternative means i could have used but in fact the means that i used was the one that was most efficient in terms of the board if i had which i attempted to use and even if it only worked on monday my sumption was even if it was down for the weekend i cried all weekend long certainly when people got in on monday then then they'd fix it and that is the board's chosen possible and i also i was aware of the issue isn't whether or not i was aware of the rules or kept abreast of the regulations issues it's the issue is whether i had some reason to believe that somehow the page count had a relationship to the number reports and i did see it said which it was less which meant that i had to go through a process in order to make that determination with zach and what i did