untenable it took about nine hours untenable for a long time we took about ten years for me to speak up about it and then once i did the link became understand the court's reasoning and whether the ruling involved want fifty six summary judgment or not i said or not because the and that's the focus i have made in my brief but as i was preparing for this argument i realized that the recourse error was really more fundamental then the inference is that i some patients two paragraphs in the complaint but then there are huge gaps in the narrative where the district court seems to fill the gap with something that comes from a motion to dismiss or something that comes from the decision that the court issued in the no pm case and that's where i think the judge went off th frankly because when you look at the very ground that if that is presented in the in the decision it creates a narrative that is kind of off center from the is is that something you drafted or is there something that they drafted after discussions with that's that's an interesting question because i was looking at that last name i could not i didn't fill out a form but i  september th letter that's incorporated by reference in that form makes it very clear that it would make my job harder than it ever needed to be was being required to work along disagreements and the person sitting across the table from me is responsible for educating my own pm of you if it was it was impossible to go or like that i think a war like that for about ten years but then i just couldn't work now you are you and you raise an interference claim and argue about the delay of us between september  none of the grades as the complaint is laid out puts everything back into a box at the end of the complaint where i state the causes of action i sa while they were trying to work out this so called settlement thing were they would give you your leave as long as you waived liability claims against them and my understanding was your if you're as claim was that the delay in processing your reasonable mean that particular fact is relevant to the part of the narrative that brings the chief operating officer back into the picture she's the one who stopped h r from processing to what i call the formal requests from commendation i had already talked to her months earlier about the same thing she was not forthcoming in providing any kind of a combination  prejudicial to you it was always prejudicial when you knew the combination and you don't get it and you're wondering why with hormone i had already spent several months with the chief operating officer trying to work something out result commendation request and she she wanted to treat it like it was a claim to be settled she wanted me to give up something in order to get the accommodation and that's where things really got down ok thank you not have relied on a request for reasonable accommodation form exclusively and should have recognized that she had made other requests for individual because in the district courts here she wanted indeterminant leave everything centers which she has definitely argued again and again about the district courts reliance on this document that i don't  some motion to dismiss evidence that she was asking for and looking into transfers as well so you don't deny that she was asking for more than just doing rather leave she clarified in her it's not her declaration but she clarified her motion to i that i believe that she did it says where's the evidence of that she wrote it as opposed to now but it will find the common for young people to fill out these forms on behalf of people complain communication because it references a september th letter from dr who and i don't know exactly the timing of the how that worked out there so this clearly is not the e mail referenced in the complaint that may be true  understand the rule that you can sometimes sometimes consider documents incorporated a reference in a complaint but this is not in the now and this is not a document was created on september th and that and we agree on that novins reason accommodation requests and she did not mean that seem to be very much a disputed fact whether this was a face on the complaint i mean i can't think you say that but she very much disputes this it was all she ever requested and as for the entire universe were requested as part of the administrative previous process with ms withers the what we know about the request what we have said in our statement undisputed material facts which were not contested is that her request asked only for indefinite leave the letter certainly for dr her that she submitted and that was submitted with her brief only indefinite leave and we know from the e mail exchange she had with the disability program manager that she rejected any of us i mean she said that is not a priority and if she is not a on her request for indefinite leave and deny it and then another part of your argument is that six months is just categorically unreasonable that's not that's not precisely arcane argument is that i mean she she requested six months  for the amount of time that her appeals remain pending which ever was one year right but at the time she at the time i mean do you agree this six in the six month part of that would be a reasonable accommodation if it is the more longer part make is a direct follow on from the decision the court made in mentor in mentor the person seeking accommodation said that they were unable to work for an indefinite period of time and had been out of work for three months up until that time and based on that  wasn't clear so you do you think the paid leave for six months or three questions categorically unreasonable if that would require the employer to modify its pave leave policies it would be under was that in this case s when she's not willing to waive her rights that's the rule you understood i mean if an agency is willing to go above and beyond its legal obligations i don't think that changes its legal obligations to whatever the agency is willing to do but the point about the  minute to minute twelve the chief operating officer had offered the she was the st person to bring up paid leave not me she offered me paid leave for four months in april email that not that document i sent an email in september to the disability program manager asking to set up a meeting or point me to talk about the fact that i was working in an environment that was untenable and detrimental to my health because you'll see would not put into place a neutral process or at least send me somewhere else so i don't have to work in debate the people who are processing it it was i had already done it for ten years it was like enough you know so all the things that i had asked for from claudia the chief operating officer