essence you have two planes here it was illegal to demote her because of her age and it was separately illegal to subject her children tolerable working fireman because of her age and because of her opposition to  because even though there's a fifty four piece certification it doesn't make any sense to me it looks like it's just the most routine kind of partial summary judgment the construct exercise of discretion to grant the fifty four he finding and saying no and in arizona state corporate says no we won't take this turn in our walk you tory appeal and i don't see why this is any different one of these adverse employment action decisions that are made before a trial coming here while they're still others pending well if you if you itself and if it goes to trial and the result is tolerable to both parties we also will never see and never have a chance to make a mistake i believe because of the way the damages are likely to play out in this case it's chaff you get a long complaint with a whole bunch of different claims used to require the party of five out cost motions for summary judgment to get out the drug claims and the drug defenses so that we could figure out what t trial and have a usable sort of jury instructions and that's what we would do we separate out a whole bunch of stuff that wasn't really there like a statute of limitations defense where there wasn't any statute of limitations d i just can't imagine letting those things go to appeal but i can certainly imagine if we decide this case in your favor that the parties who lost on those would want them to go to appeal in order to build up either the defense or the plaintiffs valuation why and why isn't that a legitimate fear and a good reason not to take this do you understand what i'm saying i'm thinking district court sometimes use partial motions for summary judgment so that they can have a focused trial on the things that are genuinely at issue that many lawyers file their pleading possibility of appeal then it's much harder to get a case done and district  i don't think i would argue it is a good thing to just review routine partial summary justice at best i don't consider this routine due to the damages if you where you've got a week we've been left with a case with no value to it and  people be replaced with younger people she became violent basically very physically mentally and emotionally ill she was gone i did i don't i'm not going to i'm not questioning the fact that she felt stress and i'm assuming that she felt because of the discriminatory treatment she had that writing on the wall meeting where he said i know you're unhappy i think perhaps you should consider leaving she says writing you know the handwriting on the wall meaning  demoted she realizes that the plan that they've been using to get rid of other older workers is not going to apply to her and she's getting sick they have the meeting they hire replacement she knows she's out the door and i find it hard to the jury they we argued in the district court that sort of occasion was inappropriate and in the court's opinion which is included in the extra record talks about some of the arguments that we made  is large maybe even larger than we suspect because there are other issues that ultimately could be raised relative to a summary judgment on the rocks of this charge when i can construct a discharge isn't the only issue there there are potentially other issues relating to that prove causation and those sorts of things and it to me there is no difference here between any other summary judgment is we haven't settled i'm not certain frankly that are going to change in any dire way relative to what you know this court might do and it and frankly i have to agree from an administration justice perspective the settlement discussions on to be having in the district court level based upon the record that's  any questions about that particular issue i would just say one thing about constructive discharge but i'm happy to answer the court's question do you have any more to say about whether it with a number of claims and then the you know if we if we somebody gets a bad result and all of a sudden they are able to to bring it up to this court to try to facilitate a settlement or more that's sort of thing i think the court does not have jurisdiction over those claims it goes both ways i assume you do employer tied yes of course it goes both ways you have to have a good statute of limitations the fence and then there's basically what i've got you lose on it negligence case a tender bender something we end up with filing a lot of summary judgment motions there's a big surprise if we lose something and you know if we could just say well gosh you know we might be able to get a better startling number if we didn't have to go through the agony of a trial like that just appeal whether or not summary judgment was appropriate in this case that would be a great thing but i don't that's certainly not consistent with i'm sure this court's desire to to make sure that it's not seen cases several times over and over again it's just the parties are settling the case that is absolutely correct and the constructive discharge piece i wanted to make a correction in our brief