he never had a present jurisdiction as well i'm sorry i'm a little nervous to open an email that was an awful letter and click on an acceptance link and then accept specific acknowledgements one of which said i acknowledge i that i have received an reviewed a copy of solutions the alternate dispute resolution procedure and i agreed to resolve disputes in accordance with the terms of solutions and accordingly i waive the right to pursue any covered claims against the company in court so what why is that not evidence that's why they defend i have percentage but i don't i've i don't remember that i had that ever happened i don't remember if they have a record of that happening that's evidence now maybe  maybe didn't happen i mean that's a factual dispute but how can you say there is no evidence when they presented evidence of that transaction according to what i understand is that i should have been pursuing an e mail or a paper war with the number you don't remember that this ever happened so we'll hear from mr alexander then you'll be able to come back and you'll have to additional minutes to respond good afternoon may it please the court my name is laurie alexander and i represent and b c sports and n b c universal in this matter missed assertions that she made to the district court and those that she's made to this court today are exactly the kind of bare denials that this court has said in mcallister vs east are not enough to to dispute  there may be some pockets of accept exceptions but i'm not sure where those are but with respect to miss bizet she agreed to arbitrate any and all claims when she was st hired by n b c in two thousand and ten through her offer letter her offer letter indicated that her employment with n b c in the st place was expressly contingent on him agreement to be bound by solutions and her continued employment after that time for five years indicates her assent to that agreement and that's one of the points that the district court pointed out arm of a specific suture you know there was there a signature that we produced in our motion was when she was transferred in two thousand and thirteen she a pipe for a different position in connecticut and at that time she was required as a condition of getting the new position to acknowledge and consent that the solutions program including mandatory mediation and arbitration still apply in that case she would be required in order for the electronic signature to appear to click on and e mail open the attachment review the attachment click on except  indicate in three acknowledgements one that she would agree to arbitration of any employment related disputes that she waived any right to go to court on any employment related clear though that a party may be bound to an arbitration agreement even in the absence of a signature so the signature is not required but it is another indication that she consented to the arbitration program so she consented in two thousand and ten she consented again in two thousand and thirteen and we produced the electronic signature signature from two thousand and thirteen as words you're not just relying on evidence of regular practice that theoretically everyone is confronted with this agreement and everyone or almost everyone not quite everyone of whatever you're relying on a specific electronic  shows acceptance of these conditions at least as of two thousand and thirteen that's absolutely correct and we included testimony about what would be required in order for us to have that electronic signature record which was specific to it included that she would have to sign electronically and of course in connecticut an electronic signature is as good as as a signature but it also required her to create a you need personal identifier and that's in the affidavit that we submitted which would include the last four digits of her social security number the month of her birth and the day of her birth so that each employee has a unique identifier in order to show that they acknowledged it and had access to the program at the same time we also presented evidence that this bizarre received training at the time that she specific training at the time that she moved into her new position in two thousand and thirteen and she admitted in her opposition papers that she received online h r solutions video that's the way she described it but there's no dispute that she was trained in solutions as well so she acknowledged it at  the that her employment was subject to the arbitration program during her hire again during her transfer and another requirement in order to challenge arbitration agreement is that an individual must consistently and onion big you asli deny that they are subject to arbitration misbah zach has done exactly the opposite and as we indicated in our briefing misbah zach did many things to avail herself of the solutions process she changed her mind later but she started the solutions process and after it had been going for a few months decided that she wanted to no longer have it and started a case in federal court i was telling him to go one way and he was going in a different way but you understand that maybe one reason he was going that way is because the supreme court has said that if you sign an arbitration agreement even title seven claims are