orange county very good good morning this action involves michael jacobs michael jacobs was a long term employee of the county of orange and he engaged in free speech by going to the press with information that highly public officials in law enforcement of orange county had and gauging criminal improper conduct he did great he suffered the loss of the says twenty five year career with orange county the core issue at the heart of this appeal is whether or not the united states district court could do not  jacobs the federal forum which under forty two u s c section nine hundred eighty three in the jurisdiction statutes a federal court's granting him the right to pursue federal claims dangerous because under the full faith and credit clause eighty decision by the trial state court and state court action is not final it is not to be given any dignity and respect in the district court  and the district court cannot wait till it becomes final to undermine the full faith and credit clause that's what judge taylor in the district court wanted to do he said well let's wait and see what  erroneous decision of the district court judge well i don't what i'm concerned about is is this court can overturn a district court judge one of the colorado river doctrine under the the state issued by the district court judges clearly improper under under appropriate nice circuit united states supreme court precedent yes you may be right on the law but let me ask one other side issue and the supreme court has provide an additional grounds however for a district judge to stay pending a decision that's forthcoming from the supreme court or or new law for example from the supreme court in the very result we know what they did i think as a district i think that is within the province of the district court judge i don't think i don't we're here on a procedural issue involving another state waiting for the car city decision to come down united states supreme court that i think this question there's no there's no requirement that a district court judge stay a case because something spending the united states supreme court that is that district court judge's discretion and i don't believe that the ninth circuit can you serve that discretion i think what the nicer could do is decide this case send it back to the district court with an i would like to see an order to say  decide this case on the potential of movements is to turn the full faith and credit clause on its head what you're saying is we're going to allow the district court's decision which one not seeking the stay the court can only issue the stay where there is going to be a hardship or inequity ok for for the person seeking th where you can understand the motivation of the district judge to block that you can you've even heard us ask questions how soon will the supreme court the california court be issuing its decision reluctance is that you have a right of course to split up your cause of action you've got arbitration here state court lawsuit and judgment and a federal court losses but you can understand the district judges reluctance it doesn't it doesn't necessarily say or suggest that your client is form shopping you've got it right as i say to split up the cause of action into different forms but the district judge is attempting to defer to potentially final in those areas to two prior proceedings in the state court are completely sympathetic with the district court judge he has a heavy docket a lot of criminal cases and you're there you know what it's like he's got all the civil cases but that's a that's a policy issue he has to follow president and he didn't do that so as much as a sympathetic i might be with the district judge the reality is he does not have the right to deprive mr jacobs of an action to stay the case and in this lockyer ninth circuit decision being required to defend a suit without more does not constitute a clear case of hardship or inequity within the meaning of land us that's justice justice judge taylor talked about in his decision you know for the convenience of the court and to serve justice i'm going to literally was like we're all set for trial we've gone through pretrial discovery we did i thought everything we could in the federal court case get ready for trial he pulled the rug out from under us and i understand his motivation but his motivation is no obligation under the law and under the doctrines that the ninth circuit in the u s supreme court have embraced in colorado river the land this case and morse recently in the lockyer case and  i didn't make the law that says a state trial court judgment is not final and because it's not final you can't the district court cannot give a full faith in credit i think it trumps the whole purpose of the full faith and credit clause the constitution to allow district court to say ok it's not may not be final but i'm going to make sure and and not do anything on my case until  motion after the ruling in the court saying well now we have full faith and credit in finality we should deal with that motion at that time in that appeal at that time i don't think i don't think we i don't think anticipating mov were tried to a jury and in anticipation of what i shown would be a should mission of not only the so called whistleblower claim but also the first amendment claim to the jury we fully briefed that we urged the instructions upon the court and if that point mr jacobs made an affirmative alexion not to go forward with that theory of recovery well it was carefully law it's the law seriously contemplating that that that we over to the federal courthouse with the second lawsuit and so long as we can get it tried before the court of appeal catches the judgments in this timeframe that has ruled on that and there's none of course authorizing and i think a district court confronted with a situation where a litigant only two months could have and should have been pursued in the state for think you can also thank the case just argued will be submitted court decision and we will to hear argument in the united states versus bonning