take that ted supposed suppose we take the there's an allegation made about him on october one or two war and then again on top of five and then the following week he doesn't come into work think of friends of work and i think mr inglis said that friends at work they talk to sherry in reals that happens all the time it has doubts and now we're supposed to believe that it is no conversation after that that's one point now all of a sudden that never happens at all we look at these memos that come out later ron and one of my complaints was where we are the documents supporting these memos mr power point never comes forward and says no we want to see what those complaints concern where are they pu six weeks essential he says she doesn't know what she's doing gives her over beautified it were a little sore off the project really i think six or seven weeks that's what happens and then she is gone and they're saying well she can find a new job mean there are issues to that never offer a low level position she had been out for months longer than she needed to be out so there were issues as to that as well but this is what's happening and we're trying doing when he had been receiving the exact same information for three months it's totally inconsistent manager who was doing his job were the better way of that information in july or early august and now to him always send in the rocktober to say oh my god this is the end of the world we need to get rid of this person now bisan our it's like five you're alone in six weeks he makes that decision and what i'm trying to there's no way for her to move known tree trunks about these differences with respect to mr angles and the language none of them is really disputed it's not she just says this is what happens no one is saying that's wrong you know  bachelor issue and couldn't determine hey this guy has you know a friendship with mr engels and he's not going to do anything to interfere with it and i think that's really the issue is that enough to say these two had a conversation me that with respect to the lacky utilization i think there are a number of issues there first of all i don't think there's any dispute that was bill that was on the bench previously and i think it was eight to ten months that that's my recollection and she got a good morning may push the court more patent for the happily yours disappears completely detached from the record this baby deals with adverse evidence by denying that exists and find supporting evidence by inventing it and we see that both with respect to the question of mr hill's knowledge of her protected activity and also with the question of causation that was just most recently addressed i'm struggling with mr angel's knowledge the first theory is that  angles over the weekend of october six or seven and that's why restraint didn't come to work on monday the eighth there was a whole week the most important reason that that theory fails it's not actually articulated in the briefs or in the district court's decision but in the spring testified that she didn't tell mr chorley about her report to mr gilman until the eighth of october when mr inglis has already made the supposed decision to be out of the early the week before that she had actually extracted a promise from this hurley not to say anything that we were talking about at that time was should we tell mr animals about requires allegations both of them were on the fence about whether to do that ingles he says a trucker told me not to talk about this case with anyone and i honored that request mr angle says mr power could never said anything to me about either recorder or bailey were protected conduct and so again we're left with no actual evidence that a conversation occurred and just the speculation that because they knew each other at work spoke about work topics open must also have discussed this other thing that they deny talking about and w the performance review the average performance review that is the subject is aces in this crazy period that's the way it was produced by pricewaterhouse coopers apparently that's the way they retain it those are the best copies that we have a craft materials but  that was the topic of deposition testimony to this issue come up and if it did what was said it did your honor thank you i meant to mention that because the comment was made this morning that mr engels never addressed it never gave any explanation that's not the case he was asked in deposition where were you the week of october eighth and he said he had a family engagement he said he didn't remember exactly what the nature of it was as he sat there in the deposition room but that he had a family event that he was attending during that week and that's why it was bailey she supposed to correct the course mistakes and send it back to him so that by the time the file gets to mr engels it's been cleared up and so if mr engels gets a file that's full of errors as he says on september and the response that with respect to mr engels knowledge was maybe it's all untrue maybe a jury would find to the contrary and that's not enough let me just briefly address the second part of this which is the the causation issue  appendix she recommended it to alec when he concurred because of the information that he had collected from other reviewers and then according to michael score approved the decision so there are a lot of people involved in that rauf decision that was made in  and no one was a little finding work for her to do so it was not the fact that she was on the bench for when she was on the bench was that they had room work for her to invent testimony against stance on her part so the only competent evidence showed that angle