my client's office arena will by bringing in a contractor lead on a pair unable to replace her and then requiring her to work for less pay as an employee of the contractor if she wanted to continue working in her position with her patients at the hospital this appeal focuses on the narrow issue of whether the district court failed to utilize the proper standard riverview at the motion to dismiss they in proceeding we respectfully submit that the court should reversed and remand the three reasons st your honor to the district court clearly eared by not accepting the factual allegation that forth in the complaint as true under the ordinarily understood standard of twelve piece that motion in the court the court failed to draw all reasonable inferences in favor of up to woo was the nonmoving party sent despite this the court ignored that evidence did not ask the e e o c district office to come in and give the agency's position andrew improperly all inferences aga concluding that the e mails submission was on timely we respectfully ask the court to consider the a case out of the rd circuit your honor the low we need case in two thousand  a similar set of facts in which which also involved the timeliness of effect transmission to an e e o's the district office there the court concluded that the district court had erred in dismissing the claim because there was a genuine issue of material fact that was in fact the case at the summary judgment stage the court had weird because it had not brought in the local agency and taken littlejohn required simply put the pick a very basic liberal pleading that the plaintiff is a member of the protected class qualified suffered an adverse employment action and that a under mcdonald douglas much less at this very preliminary motion to the rd your honor with respect to the other causes of action dismissed by the court as here in fact again dr will flat substantial contest with respect to the equal pay act and discrimination in wages under new york state law pledge that she was forced to work for the contractor for less wages it also came to council to pension later on in the spring that the hospital had in fact interviewed and made an offer to a white male doctor for the same amount of pay as dr willow who had substantially less experience simply add that dr will be given her day in court and that her claim not be prematurely dismissed accordingly that the court reversed and remand district court decisions for  proceeding thank you your honor thank you very much i turned to the judge curious that's where the she has any questions no questions here thank you received a letter from the general counsel miss as matching those of the but the merit of the hospital we believe that this is a continuing violation type case on that day the good samaritan general counsel of discrimination also work in our workplace harassment that dr was facing and therefore that the operative they should be all the safety and in addition respectfully the e e o c appearance of agreed with that because they accepted this submission as timely counsel had been in contact with the e e o c district office quite a bit before the filing  honor in may the court my name is christopher j morrow not represent defendants pelleas good samaritan hospital medical center catholic health service of the long island the benjamins fort them the collectively referred to as the hospital  the outset i think it's important to note that i am going to object to certain portions of the report and recommendation by the magistrate in this case dr was waived appellate review of the dismissal of many of the claims in her complaint specifically her hostile work environment claims to turn to this issue of when dr ruth filed her charge of discrimination and i want to emphasize that the out that is not even necessary for this court to address this issue in order to resolve this case in our favor but nonetheless that it is not necessary for this court to even address that issue in order to find in our favor d because even if one wants to assume that doctor who filed her charge on june th two thousand and sixteen which is the date that she argues for all of her class which is in the complaint how ever what distinguishes this case from littlejohn is the fact that dr will also alleges that the entire maternal fetal medicine cracked outsourced to a separate industry corporate energy so th that doctor will allege is that it wasn't the hospital that replaced her create a fundamental causation issue in her discrimination and because of that she can't even meet the minimal standard of pleading a callable discrimination case on her little the players council proceed with reply thank you your honor your honor i would like to address the contentions of opposing counsel st with respect to the liability of good samaritan hospital the american hospital had contracted with madonna in an effort to force out the pool and get her to work for them for less the clearly show that when there is a contractor there is there is ample evidence to support treating them as one and lawyer when they were the contractor hired too long the maternal fetal unit at good samaritan secondly with respect to the continuing th acts of discrimination continue necessarily through aug th because dr will was forced out early from her contract and she was she could tinubu to be subject to a climate of harassment and racial discrimination and your honor they have not they have not been able to explain why a white male doctor was hot was interviewed and hired and why an outside contractor was brought in all the while they employment in a highly specialized field there are simply not that many maternal fetal medicine opposition around even in a large metropolitan area like new york dr was forced to quickly look for employment and ultimately found employment in lancaster pennsylvania that she no earlier that they would not renew her contract she would have had time to find a suitable  so she was put in an awful position she was treated most on fairly and dr was simply wants her day in court to litigate these claims of which title seven is only a rd there are numerous other cla