the problems became much worse she suffered literally sexual misconduct within the hospital the there was no there was no dispute that sophisticated in bankruptcy and having a number of problems financial problems they were forced into bankruptcy and once in bankruptcy they  they lost their case essentially well actually getting to i think you only have eight or so minutes i haven't got a couple questions i want to the yet to in talking about the state and why stay wasn't obtained and is that  the stay whilst there was an attempt to obtain a stay on a number of occasions least on on to and from the you that you asked for an oral stay and then you actually put it in writing reached where if the suitors put up ten thousand dollars which they borrowed from their parents then they would be they would be allowed to proceed in the case they put any money behind them bind the case bind the claim isn't that that's not what they offered to do with the ten thousand dollars it could be referred to as buying and buying the claim that their intent was was just to keep the case going they're not they're not  sophisticated enough to know that whether or not buying a claim would be proper or not proper what happened to the daughter's plane when it happened proximately three years earlier i understand that saying at the time according to your brave and you tell us that the heart of supreme court dismissed the appeal as it relates to mr mr souter but not their daughter did the daughter have a separate claim pending before the nevada supreme court of that time she she had a claim that was dismissed through and interpreted settlement it was interpreted that she had settled and when did what it actually happened is there was it was no settlement she went to go pick her che appeal from the malpractise lawsuit no it would go and i smile because my wife asked me that question and i would we would go to the judge read and we would seek relief first from judge reed and if we obtained that relief we would then go to  having done it and twenty five years which is not that long but long enough to the court that it has on a number of occasions done extraordinary a lot of extraordinary writs in situations directly related to this case called clarke versus hospital corporation of america and dr clarke actually through the help of mr souter had discovered a number of the problems and of these problems and aunt judith and judy kaye did it and went through the system up to the they went up and down two or three times and finally ended up in the nevada at nevada supreme court and before trial it was it was settled and in the judy case in that fashion now there are other things you have to deal with before you say got to go back to judge read  what are you contemplating and in fact i guess you have to ask again where are they for the auction for this claim to be to be reopened your client prepared to bid more money or going to object to the auction procedure altogether what don't understand and not being an expert in that field but my my clients had gone to parent their parents had obtained this ten thousand dollars were willing to put up more money to keep the litigation going and would be and have assured me that they would continue to to adjudicate this case and they do have the help of counsel doing this on a basis that's very inexpensive sad i have reviewed the record yesterday and there is nothing in the record before this court that indicates that the suitors tried to make an additional bid and that that was occluded for some reason further my recollection of that hearing which i any supreme court can determine its own jurisdiction and can determine under some extraordinary with that it wants to hear something but there is no mechanism in the nevada supreme court that would deal with an issue such as this that i'm aware of  that a case where the court has said we are going to reopen the case or we're going to give extraordinary relief because the party complaining is not a party to the appeal i'm not saying that there wasn't there isn't such a case i just don't know you know this case i get rid of other planes i have been aware of a number of cases where that has happened in state court where someone is at a judgment a party was involved in other litigation unrelated to the first one buys the judgment and uses that to negotiate  the claim that may in fact be what mr march was referring to there were some physicians who had a couple hundred thousand dollar claim against the suitors and they may have executed that against the daughter i'm not sure but that that maybe what they're talking about it is not it is not unheard of in bankruptcy court for someone to come in and clinic after seven has been filed and attempt to settle a claim that is made against them that's not at all unusual and that's what happened here with respect to my clients there was a malpractise claim that listing them up practice case doesn't have any effect on that it becomes property of the state or section five forty one automatically and belongs to the prestige of the trustee then your honor has the obligation to maximize the value of the estate for the benefit of the creditors of  estate and that is what she did she received an offer for ten thousand dollars from the suitors she know to set up for a hearing settlements inst in bankruptcy court always have to be approved by the court and they are almost always subject to over an appropriate party my clients came in over bid the amount the suitors were willing to pay the judge went through the proper analysis under n c properties wolfson and mickey thompson and determined that the settlement that the trustee wanted not perfect certainly is that there was a there was a malpractise was a malpractise case or i don't know there was a tort case filed against hospital corporate made corporation of america for mistreatment of the suitor's daughter that was settled before before it went to trial mr and mrs souter went to trial and lost and it was that there was a counterclaim for attorney's fees or an offer of judgment or some mechanism that the court determined that the physicians who had been sued were entitled to attorney's fees and the court ordered a couple hundred thousand dollars of attorney's fees in favor of those physicians but it would if in fact that was the mechanism by which this tutor's daughter received no money that did not involve my clients that was third parties to this appeal and third parties to this transaction i would to get to the moon is the issue first second that's what caused the dismissed on the district court i guess but what concerns me here is moon is basically says look it's too late nothing can be done the trains left the station and yet the nevada supreme court appears to have a procedure for extraordinary risks that were not in any position to say whether the court fully grant such a  but if they would then maybe the train hasn't left the station can we really say that the case is moot if that possibility hasn't been explored i think you can there was never the argument that there was some sort of  bailable remedy to the supreme court that the supreme court argued to judge read in response of the motion to dismiss i'm not aware of anything other than a general common law power of a supreme court to hear pretty much whatever they want i do not believe there is a statutory mechanism which would allow a statutory or a case law mechanism which would allow the suitors to get back in front of the supreme court on the appeal i just don't want to move appellate procedure twenty one allows for extraordinary rights that would do it but that's that's a movements before i do not believe i have the burden of proving movements here well if you're in the mood supplies or it doesn't and i gather that you're advocating that it does and that the district court was correct in the remarks he made that's correct indicating that he had no power there was nothing existing and essentially you cited move forty one which dealt with parties and these are not parties correct i don't believe that the appellant's here satisfy any of the traditional exceptions if you're interested in that i don't think this is a case that is capable of repetition and avoids review i don't think it is a case that has a tremendous public policy a fact whether or not a personal personal injury case is proper to the state has been to determine but that's something that ought to be left to the legislatures or the congress to determine and this is not a case that has collateral consequences as far as i can tell the suitors are not likely  if you've got i think about two and a half minutes left you don't use all of it that's fine by me but you're entitled the very last thing i'd like to start the and and has done it in situations where public policy is it issue of a policy in this case is a very important thing when when a child is is literally the rectum in a hospital and  nurse there is money but money is is not the most important thing by any means the most important thing in this in this case is to allow parents to at least to be able to adjudicate a case that should be adjudicated if there's any case that should be in this case their daughter was horribly treated and now counsel would have it be just another case and another case that they did well and in much better than my side of the fence and i literally would beg you to allow the system allow the system to do it just to do its job i know the ninth circuit does that