case raises one legal and constitutional issue failures to comply with federal rule of civil procedure twenty three a for adequate representation by class representatives  i think you could fairly do that to both array has taken control of the issue there are quite frankly cases all over the law and the court once again able to write an opinion and making any determination at once by flipping a coin because although there are two classes the classes are centrally the same the claims are essentially the same and there isn't any conflict the force of the popular principle for giving counsel from representing two it shows up as good as the case commences because as soon as council begin to make tactical choices they are confronted not in every case but in many cases with the idea that they must make a final choice  advantageous to one class disadvantageous to the other they must emphasize some discovery deemphasize other discovery they must make all of the ordinary tactical choices that any trial lawyer makes as evil as he ready to his case for trial playing you'll find a great deal of variance devoted to a press release issued on february two thousand nine hundred ninety nine which has absolutely nothing to do with the fourteen a claim which is a mark of proceed then through the thurber complaint to the end and you'll find two and a half sections very long sections in the complaint that deal with postmarked in march that the acquisition by mattel is a snapshot acquisition that is to determine whether or not the information given to the shareholders of the two companies in there between the two classes that can be in the fourteen acres we wish we knew your honor and then we could answer a lot of on a questions that we can't answer but we don't know if there is room we assume there is considerable overlap but the was filed and i was was one of the very first no one has complained about the procedure or the proceedings on behalf of the fraud claimants no one objected to the settlement on that basis not one appeal here so you really only have the prosecution before you and your anyone else who objected on behalf of the practically mint anybody anyone besides you not as far as i know there may i believe there may have been some other minor object and so objective but to lawyers fees and court feels that it must on its own motion under its plenary powers to supervise lawyers activities before it conflicts and so on then it could look at the entire thing and send the entire thing back that's not why we're we're here on behalf of the proxy claimants and we think we're the only ones who have standing and whatever result the court produces here we would be the only ones who had standing to complain about it after that and therefore our viewers that you should leave the ten the settlement the way it is without objection that you should review the proxy claim reversed its approval by the district court judge some considerable difficulty getting any information about anything but we believe that discovery was pretty much finished i somehow how can we leave that can be a long week given that there was a lump sum settlement of one hundred  twenty two million dollars which was then divided equally between the two classes what it once was leaving ten b along mean california good hunting one i was trying to answer one question there are cases that say that hold that tactical decisions made while representing two classes disfavor one has favor another and that in itself is insufficient is a sufficient grounds for denying counsel the right to represent two classes then there are other decisions there are several different kinds of if there is a farm and even an internally created fund by the defendant that he has allocated to the disposition of the case and the two parties if she don't actually can have one counsel representing two classes you need separate coun l and there are cases that specifically hold that the syracuse university case in which separate masters were required before female softball players and female across players on the grounds that the athletic budget deemed to be a representing two classes so in the same to find it at the same time simply doesn't work you end up with traders knowledge come back to the other question that i haven't answered which is when did it really happen here we were not involved in the discovery as hard as we tried to find out what was going on we couldn't so i can't tell you anything specific that happened in the discovery that i thought was unreasonable or unfair to either class but it's obvious at the end that one group of lawyers worked out a global settlement for two separate claimants i never seen that in my life and i've handled many many many multiple claims situations dollar amount after the name i never walked out of a room that had ninety one plaintiff names and a line and the single amount of the bomb it's gone up so plaintiff's lawyer divide the money up among his client and somebody with superficial considerations plaintiff's lawyers in those situations don't settle for gross a mouse they sit down with their clients and they bankrupt ensure that was made up from others from other sources so what they got was the policy limits that's the pragmatic fund that i was talking about before which is no more proper than to claims exceeding the net assets of the company well in your head if you're honest i'm sorry ron if i could just finish this one last point in your situation involving the war mine involving a cab accident with several members of the family with different all for the time you're giving up the two hundred twenty two between the two classes like that tell you that because i wasn't present during the discovery but everyone here knows that he makes decisions tactical and otherwise trade off the people but this is the first time i heard of somebody representing one part of a class but actually as a matter of record representing both well your honor i can explain the background that i did not and accomplish but as a matter of why there is a long time one hundred twenty two million dollars and that there are two point of groups both of them home have a have a claim as to some amount of that there seems to me a conflict between those two groups correct now you know why not of some people are our members of both but there seems to me a direct conflict of interest between the two groups once one hundred twenty two million dollars has not arrived yet and the only question is how do you divide it is not right what am i existed all by the mediation by neutral arbitrator listen to both sides who had no interest in one of the other and to help the parties reach the allocation at that point any conflicts with which existed and how does the involvement of a mediator help resolve the conflict if and i think this is a promise and not as a concession if the lawyers in front of the mediator are simultaneously representing both sides but your honor are saying is that the apparent joint representation created an apparent conflict but practically what went on behind the scenes was that the two firms work because the people who were involved here before you are the perpetrators and things like this over and over and over and over again all over the united states ok i make a career of resisting them and that's why i'm here thank you thank you both so much for your argument