court doesn't have to tell the parties went to the conference between the parties why would the court why would that be charged to the court if the parties did not meet and confer i  possibly that's the problem you're speculating you've got to tell us what it is you were looking for what it what you might have found there's no prejudice shown in any respect in any in this record for any and i was right to conduct more continue more now we'll look for a case not i agree they have to be an initial basis for it but then you need to have the time for discovery you have an amazing amount of invective against the trial judge here claiming that it was the trial judge's responsibility to organize these motion to dismiss in many sacrosanct and then you found an amended complaint and then the court denied the motion to dismiss and at the time that the court denied the motion to dismiss he said you have ten days to f give you only ten days to file a motion for summary judgment and not address discovery at all would be the possibly that he thought there was enough discovery or evidence presented during the  what evidence came out how long the jury hearing on the temporary restraining order and the player interaction last and what evidence or discovery came out during those hearings some i'm wondering if the just thought that you had enough discovery that it come out during those hearings that he occur seems like the court typically if they're going to truncate the discovery or say you're only going to have a limited time period they would give you some sort of notice and no notice at all so what happened is you went right into a o preliminary injunction hearing the order was issued and then a motion to dismiss was immediately filed the court said no on the motion to dismiss but said you have ten days from today to follow a motion f are the witnesses that will be presented here is the evidence they will of discrimination that they will offer to the court that's a good different case but we don't have that i mean if if there were some indication in the record that there was some substantive testimony or documents that if given additional time you would be able to present it would be a different case but unfortunately i just don't see that in the record where there was anything of substance that was given  have had some opportunity more and been given notice that they were not going to have a formal or any kind of discovery mechanism other than what they should have been doing in arizona and then the parties would meet and confer with and prepare and submit a proposed scheduling order in this case i don't know what the judge's practice was and this is this is the way he does it all the time but in this case there was a motion to dismiss and then the border from the motion to dismiss you were given ten days to follow a motion for summary judgment and it was assumed that the discovery all the necessary discovery would take place in that type period while you filed your motion you have a chance another final chance during a formal discovery to try to develop something i agree with you and that seems like apparently the opposing side was deficient at the temporary restrain stage but it seems like they should have been given some final opportunity or notice at least that they were going to have to have to do their discovery in the time period while the motions for summary judgment were going to be five were filed there should have place during the time that the motions for summary judgment were to be filed when was that notice there was never any notice given that's my point counsel if there is no notice given that they have no time for discovery or that they should know one hundred all the discovery you need and one being you don't have any of the discovery if you're a plaintiff you shouldn't be at one to begin with you should be at least that thirty percent forty percent fifty percent maybe even sixty percent may not have all of your believe not to contact the opposing attorney or try to reset work out of some discovery or do your initial disclosures do something so you can start on that because in my experience in federal court is that you know you have to jump on things you just can't wait to the problem the final bottom line problem that i have with your case assuming that this all sort of snuck up on you in came too fast and the judge was really pushing you very hard your last chance opportunity to talk to acquire some time to pursue your say i must also inform this court the plaintiffs have acquired new probative material evidence you don't even know what it is that is in the process of being evaluated by experts again we don't know what you're talking about to assess the pro so you're saying they're you're not even sure you have any probative evidence or material evidence that will have a significant impact you're saying oh we're just we're after something and then plaintiffs have also informed me there's a material that's unavailable and that i need to exert his testimony by would the way of a declaration that has great probative value can you don't say what this is an ordinarily in a fifty six f motion in order to show you need this time you've got to come forward with something more specific than that why is that all that you put forward in the fifty six f motion because that is the only thing that i had when i was in the process of developing the discovery plan and i was given that information by the plane it in i was in the process of going to investigate what was the new probative material evidence as to that there were environmental issues with the properties and they were in the process of being examined through laboratories i was in the process of trying to