is a question as to whether it's personal jurisdiction based on the fact that want to logistics actually picked up the road in pennsylvania traced korea to fairfield new jersey and then hold that up to my client's trailer be addressed as to whether there's even jurisdiction for us to proceed with  presumably passing through the state of pennsylvania which they created and they are in the trades trade state business anyway created should but i didn't raise that issue and i'm not really prepared to pennsylvania to new jersey it was hooked to the trailer in new jersey or clients set the refrigeration system to the required temperature trees were the product to claiming that they were not responsible what did they do it to the carrier was taking a wait and see approach and they were proceeding other mitchel reservation rights but they never took the position that they were not going to resnick please the court my name is jeff resident from sherman silverstein i'm here with my colleague alan milstein on behalf of mrs wrestlers food products i know you've got a client there a good client small business but you know never did was indicate that they had the driver they had his testimony or that they had i don't even have a bill relating they've never cashed a belated and all they produced is a graph and i'll get to the may not even have a trial date yet no but but as you can see from the way the case progressed we were quick moving it is an important issue to i can i stand and we filed but we serve them right and then we had the twenty days which ended on december twenty ninth i waited till after the new year but i mean when you got that when you got notice that they did a counsel i mean this this case could have been think that the appellant suggested was that it is either or it's not them it could be mrs wrestler well it could be any other company but it's not that's not saying that it was mrs russell that's not giving specifically they attach the records of the temperatures and refrigeration of the truck that indicate you know very concrete way that at the point that they had it for the entire trip that there was not anywhere degrees fahrenheit but if you look at the graph it's consistently over fifty degrees so i agree with the record was submitted but the record does not suggest what the pal craft is not a defense for them so liability for you you might be the bad support for it which offense that they were alleged but we have to deal with the district court statement that there is nothing here but a general denial in the district court recitation of but the record reflected as to a private issue defense i don't believe and i don't believe you trust the district court believe that saying it's not me it's them is anything more than a bare denial because they didn't committed by the religion itself that this was not a a she one matter this appellant had been aware of the problem with the product soon as it happened march of two thousand and fifteen it submitted to carrier and unbeknownst to mrs wrestlers received a kweisi denial letter in august of two thousand and fifteen that put it on notice that there was going to be a problem this appellant did nothing it never contacted seven occurrences where they didn't do anything and i think that goes beyond me and about i guess and i agree with you the only issue was they get it on christmas eve and then they don't do anything and it's a week later what time but that's not what we have we have real full indifference we have we have a defendant that stuck its head in the sand and didn't care until we were at the very last stage until i went to new jersey and up in my judgment that's when this sec a broker in the truck a copy out of california wanted to logistics picked up the road and they traced border to new jersey and they contracted the media with my client so it's beyond just a job and i will look at the all the allegations or details and it's we are the fact is in fact that we maintain the temperature in the fall of was picked up from the warehouse in philadelphia already defective