or such that warranted her terminations however when miss wheeler provided her response which we believe in submit in this case provided a question as to the truth and the veracity of the allegations were indicated were not things that she was in fact responsible for can i ask you i thought you were not arguing that the poor nurses had any animist we're not arguing that the and not simply by me or conclusions or by just denials she provided information that called into question resubmit the truth and the veracity and then at that point we submit that whether or not ms hollandsworth properly continue to animus we are relying on the fact that even if you accept what the nurses indicated to miss hollingsworth and the issue here is whether or not this hollandsworth getting that information and then receiving a response from this will continue to have an honest and reasonable realize that in fact she had prior disciplinary history with respect to the rule thirty six witness offered in this case to discuss the issue of discipline and policies and procedures the record shows that  going to be disciplined there were specific policies and procedures that this hour's worth was to follow the document the record at the time and this will of pulled her record in december of zero nine it was devoid of any evidence of disciplinary actions that we need we find that  in this case relied upon but i do think it is critical that at some point or another georgetown has indicated that discipline was not a primary reason for why there was a terminations although you are you are correct th considered to be gross misconduct and in that regard because patient harm occurred would have been subject to terminations for just one singular act and the absence of those individuals as being individuals identified as people  we know whether sue howell played a role in discipline and or discharge it seemed like hollingsworth in her deposition talks about her own role in recommending people for terminations but do we have information about who's responsible for making or not making just hard decisions with respect to these individuals the ties how well to them and to your client yes what we do have year on i of deciding what the discipline should issue and supporting as you're honest pointed out the decision to in fact terminate this wheel we believe that and the record shows that at some point the fact that similarly situated my policy working under the same policy and procedure who do the same duties as miss we have them and with respect to the third point that i would like to make the record shows that there is a departure by georgetown and i see my  time with respect to rebuttal that's about six minutes fire that i'll continue that the departure shows that with respect to documenting evidence on this will and with respect implementing discipline against coworkers there is some disparity and how georgetown chose to proceed and we believe that that is a basis to ask this court to in review of the briefs submitted and the arguments presented here today to reverse and remand this matter for a trial or a jury trial of the record should be upheld a few points that i'd like to address is this issue of whether the court made credibility determinations and improperly leave the house work didn't they even actually make the decision she was recommended and so how it made the decision then these other people who supervis terminations which it was consistent throughout there has been no inconsistency in terms of the reason underlying determination was the offense in late in late december of two thousand i want to see two thousand  know but in terms of terms of the consistency of what she said we believe it's consistent now she does add during her deposition that she took into consideration certain factors certain previous history but i don't think that that's necessary and it is history of past bad performance and j m was new so again didn't have the history that his wheeler had so that it is something that's been relied on and in the effort to distinguish the white nurses who weren't disciplined as i have to say this is somewhat striking that every one of the individuals displayed by hollandsworth is not a lie and then there's this list of the white nurses who are involved in in violations infractions of rules and and aren't even disciplined well your honor is we explained in our in our brief this was not be the past the past performance issue was not the overriding reason number one and number two it is not be the sole differentiation differentiating factor than anything that happened to the patients that wheeler was supervising on in late december so what is the thing that renders her not comparable there's absolutely no evidence that ms holme investigation so i don't know how we can compare apples to apples when you have different decision makers and i think that the decision in this case the decision of this were newer and says that all aspects of employment need to be nearly identical and though this court hasn't from what i recall specifically addressed all the factors that you that you look into certainly the district court has addressed that and he read in five one of the factories being whether the made the decision that she received the support of of a shark but i don't read that to mean that she didn't have the authority to make decision or she wasn't going to leave let's let's suppose we disagree with you you believe that two nurses a team an independent team that investigated that incident made the recommendation that they were responsible for the death of patients so these those two nurses by the way the record doesn't reflect that they were either supervised by  these facts now you see what i think i understand but i think i think i'm hearing you correctly you're on i think what you're saying is that i didn't file or that what wasn't filed was a separate piece of paper title certainly dressed in a refinery they may not have been addressed in a separate paper and i don't i don't have that that in my mind right now is stupid as to how it was done they were but but i can say i think it was certain with certainty that they were dispute d that we did in fact dispute the differences between the compares before it by miss wheeler nurse wheeler and her and these various nurses i mean we address those point by point  brief now whether it was done in such a way as we filed a separate document titled undisputed facts i don't recall this at this juncture