it please the court mindy callus for the plaintiffs appellants we're appealing obviously from an were dismissing a three count complaint but i really want to get cut to the chase and just explain to you that at the heart of this appeal is the plaintiff so she was not interested in our filing an amended don't know that until you ask and present the district court with the proposed amended complaint but ok let me let's let you continue ok but with respect to our argument and the case law the court this court and all of the courts virtually in the eastern district of new york have found that the usual practice upon granting a motion to dismiss is to allow the plaintiff leave to amend even when no motion for leave to amend has been granted there are cases like that over and over in fact it's happened to me a number of times in connection with other cases where i would have a justice i've heard say well you know fix this cement fix this complaint file an amended complaint and  whatever the plaintiff lawyers did in this case there's still no reason for her to lose this opportunity we do even know now what additional facts could be  adequate no no no that's not no no that's no that's not the case that the compact terms were what they were and so there were not that you adequately pleaded comparatives by referencing prior lawsuits right i did that for the purpose of this appeal because you did argue compared to yours but now you're saying well that wasn't good enough so now we know no no no no i didn't argue comparatives in the district court i only i only did so in order to frame what a proposed in and out and some of the mistakes were really a result of that small firm practice that she didn't have the ability to control and soon after after the dismissal which in this case was absolutely final there was no discussion of futility of of any kind of proposed complaint after that happens it's you know i could sit down and say and this is what we need to do in order to try to persuade the court of appeals that you do have at least one last opportunity to file an amended complaint and and that's really why we're here today that's that's the crux of the matter and yes in the best of all possible worlds the complaint would have been more artfully drawn and the motion for leave to amend would have been formally made but that doesn't bar you under you under the case law in the circuit from reaching you know reviewing the complaint are you arguing that it would have been futile to ask this district court to amend the complaint because if you can make that argument that is different from what we have held which is no district court should be is in error when it denies a amendment that hasn't been saw but what then you have to get to the  which is much more than a judge who is sick and tired i think the record shows of your client but that's not the same as futility well i would i would argue that there's repair and towing maven and serious for incorporated entities she's been the solitary female in the in this business on long island she moved from baldwin's rapa center in the late working with geico to generate false complaints which led to a two thousand and ten arrest premised on business front which eventually she was underage from but this is a very disputatious relationship and continuation of earlier complaints involving disputes between rockville center and miss phillips and her incorporated entities and i just this is really  reason that the rockwell center complaint is is as important as it is is that where everything began to sour for her for her business and that's why that's why i'm here today and  know finally the most of the arguments raised by the defendants in their response a brief really have have little merit but especially the argument that somehow the earlier claims between the parties somehow confers sort of a negative light on this last two thousand and fourteen complaint it's ridiculous each of those complaints were personal they were brought for different reasons and they were they were mean i only recently came to this case on what i am i said it's not your preserve her playing and so on with respect to the settlement agreement it's i mean it's well established settlements agreements that relate to underlying federal plans can be bought reads he was trying to be all encompassing that it would include both the it would include you could she could pursue and in force an action in either federal court or  inlets and then finally as far as the statue of limitations argument in this case the district court was correct there's a there's a question of fact it's not clear from the complaint itself whether it's timely but we know that it's timely that the claims accrued according to the fender ends on october first two thousand and eleven but that's not our argument that the october process until well beyond october first two thousand and eleven and therefore her claims are timely you know you want to research some time for rebuttal so let's hear from the village therefore the this court cannot find that there would be an abuse of discretion for the lower courts not addressing any amendments of that complaint and in her moving papers the appellant cites to the standard that  and upon review of these facts it would show that the any moment would be futile because what it had stated what that that there were other tour companies there were owned by males which that has been set forth telling us that they would come in and say that there is a comparable person who got a contract who is no better than we are and israel is what they are saying they would move to a man to do if we let them if we could let them a man this morning after yes however they're not providing the facts to show that it wouldn't be futile they're not showing that they have those facts it's going to make it wasn't a level of say we would like to be allowed to fish for time and they would come in and say we would like to command and a man a complaint tour or however you pronounce it who is similarly situated in who is male isn't that enough so that under our relatively free procedure for allowing amendments a district court would in view ordinary course be expected maybe even required to grant that amendment and van if the amended complaint the amendment failed to live up to that then to dismiss vacation will be six but at the level of asking may i amend isn't it enough to say i've got data which would support but i think that they have to provide what those i haven't seen it go back one step further to say i will make and i would like to make an amendment and i will bring you in things which are plausible do i have to tell you show you now that they're plausible i don't know i'm not sure of it a different argument which says what ever might have been appropriate at the time for asking if you are now out of time asking us to say we want you to be allowed to make an amendment that at that point you have to show more than you would just when you are asking for an amendment in a timely fashion you see my point that that it may be  with respect to the stigma plus claims she mentions a loss of business with respect to statements that are made and it has been previously held that the loss of business is something that would flow from these alleged defamatory statements that  interesting a plus claim therefore she's as that would be a defamation claim which would be a tort claim and not a federally protected claim there's no plus of the loss of a liberty interest where there is a a lo this in the complaint nor was the proposed amendment in the reply papers does that provide a minimal inference of discriminatory motivation when you only state saying it is because i am a female which really is identification to my opening brief and again the claim that we really really want to be able to bring one last amended complaint in order to comply with elements that are even in the district court's decision i also want to point out that the district court decision actually refers to the original two thousand and fourteen complaint as an amended complaint and actually if you read the decision it actually reads like a decision dismissing and amend to comply it is just a point you know for for as a point of reference page two hundred fifty five of the actually says magic complaint in the dismissal order which is the subject of this appeal must have any other questions thank you thank you very much and thank you for being patient so long calendar today we're going to take the case