all right the first case on the calendar is shadi vida versus city of san jose and mrs chater eva you're appearing in pro per we've denied your motion as to certain documents but you may now proce rgument if you want to talk about your case now's the time to talk about the case not about the documents which we have denied use you that's that's fine there were just some things that were not correct and accurate about w accepted so i just wanted to clarify that if with your permission i wanted to make a statement as what i've experienced through these  yours that i went through and then i just want to try to answer questions you have because i know when you read the complaint there may be some things that are not connected i'm having a hard time understanding you just i will with your permission i'm going to say something go ahead about myself and then i want to just try to answer questions the best i can and i'm not an attorney but i'll do my best i i  let me ask the see if i can concentrate your mind on this you have a retaliation claim i will get to that yes now tell me what action did you take that you claim was the basis of the defendant's retaliated against you and what action do you claim consisted of the retaliation and then you can tell us where in your complaint that those actions of those facts are treated i appreciate that i was going to make a statement and i didn't finish if you don't want to go and i just want to say glorious are your eyes and ears and also society when it comes to look you did to swallow what you say and i can't hear you ok i'm saying whistleblowers are your eyes and ears i say you claim you are a whistleblower if what fact did you whistle blow it's in the it's in the brief when i went to my director of public work question me why and then i'd the waltz to her that middle easterners iranians they've been discriminated against she had told me give me examples and i gave her examples not all this detail is there but it's stated there been pressured to overlook some building by doing no that's that's that's accurate all right that's what i did told her was iranian americans and middle easterners in the division are being treated badly and i cannot withstand what i am seeing and going through with my supervisor so you made a claim of racial discrimination to be honest when did you do that it was then i think august third of two thousand and five if then the record i can tell you exactly what place so that is the protective action against which you were retaliated that was the first i get many other reporting protected activities and what action was taken against you for complaining about racial discrimination as to careen you americans but you repeat the question what action do you claim was taken against you in retaliation for your complaint regarding yes right after that i asked not to divulge that information to my division manager because i was afraid  told her that it's affecting my health and what happened was they i thought i got a letter from her that i asked her would you permit me to leave and she wrote back in a letter that i have discussed this with your superior she referred me to  katie jensen this was the person i was complaining about and i knew that's bad news then i learned later they had started a unfound that sexual harassment very long time and my assignments changed and i was given more and more things all the middle easterners in our group there were three of us to the supervisor we have to go through one on one meetings and we were taken to a room that have glass everyone could see and when you sit there and someone's questioning everyone knows there is a problem with that employee and  the supervisor have to about ten eleven people nobody did something like this with others only if they had a deputy and the group was big they had one on one meetings and only we had to go through a lebanese guy and two year running america i was asked questions during the one on one meetings i would get i would get odd demands that you have to give me details you have to give me a detailed plan what you're going to be doing this whole week i know what have to do that and i have it in writing but there's one example i have in writing you need to tell me every i don't remember half hour exactly what you're doing and of course the job i have you don't know what you're going to run into i was basically acting as the structural engineering reviewer for all the public libraries that were built during the years i was working and and the division which then changed the name to see fast now this is just one thing that started it had and i was on the bork i asked for three hours the week and they wouldn't answer me and i couldn't do that so my outside what time it was the night in front of the group customs pardon me i'm having difficulty understanding you perhaps you could go a little bit slower or speak more directly into the microphone thank you honor and so your claim is of the one nine hundred eighty when retaliation claim fails to allege pretty specific questions and there are quite a number of claims that i'm not sure you need to address but can i can i call your attention to i'd like a little help on the one nine hundred eighty one claim against the individuals and specifically against alan sykes and s talking about money now to be clear and i and i think the claims before may of two thousand and six are time barred but after that period as to these three that's what i'm that's what i'm focusing on her thank you very these large swaths of time and the particular claims that he's making book now why is that he filed an ego see claim in june of two thousand and six yes right so why is he is if his claim is that as to that that was a protected activity and there was retaliation after that period of time why would that not survive is your argument that it's too the allegations are too conclusory or what is that exactly there are statement statements there that city that city employees and supervisors were perceiving him as insubordinate he yelled at his supervisors at least two or three times a month and so the actions that were taken against them the letters of reprimand and the ultimate determination were as a result of his failure to perform his job satisfactorily because these are judicial admissions whatever else as long as i appreciate if that's your response then i appreciate your response and i understand it now get out of your way the rest of your argument thank you can i am going to start right you said that there was no allegation of knowledge by the individual defendants of the protected activities which the claimant was thing with the base the retaliation are you saying that the  knew of the two thousand and six yossi complete yes or  no i'm not sure if it's mentioned in the complaint that saod did i wrote i'm considering i'm asking you for your position is that your position that's correct you're on our where in the complete is a failure to allege that these three people knew about the protected activity and where your honor i mean it's not he's not law that is depression or that kind of condition i don't believe there isn't a dispute as to he has been suffering from depression because there are there are letters from doctors in the record that he is suffering from about yes he is yes so if it is there are any and so what about the allegations of the failure to accommodate him he wanted to transfer work schedules part time there does appear to be a list of things that were not given to him as an accommodation to his depression and so how tell me about how the complaint fails to state a claim for failure to accommodate  fact it was to accommodate him and he was told that it's a temporary assignment and that space in other departments permitting he would be accommodated the letters from his doctors only made recommendations the three letters that are mentioned in the record only state that it's recommended but it's not mandatory so the city was working with him in order to accommodate him and that's basically reflected in the occasions so but accepting the allegations of the complaint as true as judge christian just mentioned of course we have to  complainant not allege the plaintiff not alleged that he just didn't get what he wanted he asked for all these things people wouldn't talk to him about them your honor if you don't need to accept as true