been addressed by countless courts in the state of science some of them page sixteen of our opening brief because in these cases there are a lot of places that a defendant can go the place that they go most often says hey we have established business relationships with everyone prove that we don't and what courts do in those circumstances and what should we submit should have been done here in what interestingly where you compared apples and oranges i don't believe that there is the dispute is that the defendants say hey we know we may not have complete records anymore but i don't see how that's the classes fa is well i do have an established business relationship with you which is i think equally undisputed that g m signed does not in moreover i have an expert in we didn't get an expert to do in additional evidence which were the potential substitute plaintiffs the additional six class members who also test unconditionally they had no prior relationship with the defendant in that also to reason or concert cation was for reasons other than whether or not your client was qualified right the reason was buying into the very thin claim that by the facts who's themselves but by any statement made in the deposition by the guy who purchased the assets of the company that went out of business he said that his owner standing was th ninety some odd percent of the people that don't show up in the defendant's records get these facts of these and you've got at least seventy people who stated to swear under oath that they had no relationship i incredibly good question your honor that wasn't something that's part of this appeal like think that we want we want to be over inclusive and certainly that would be something we would have to address  motion to reconsider and normally in a helo practice that gets dealt with before the appellate court steps in but because of me the case was over me and to appeal everything really feel that way and one of the things we appealed was the previously presented which arguably is evidence that could have been presented previously is going to be or is presented which is to quote reconsider your motion to reconsider fold i natural with the owners of the fax machines and the court rejected the premises who went further and said how many if any of the class members have a valid claim is the issue to be remains that overall the burden rests with the plaintiff not with the defendant to show that it's appropriate to proceed as a class action concerning the might it would not be the type of condition that made them believe any less full of that was accepted within the time when we look at the old interest cases where they were you made an offer to avoid paying interest in the future they offer has is five days seven days ten days whatever the line is the point is that in this case they hear sufficient time to accept or reject that was the only condition offer a full relief and instead of accepting or instead of appealing they decided to make a motion to reconsider in our position on this of course of the motion to reconsider at that point  no i mean they've been decided to go very convoluted way by making their motion to reconsider all right and they could have simply gone straight up we have our offer and our issues there would be many trials simply because there is no evidence outside of the thirty six of the forty five people this is a summary judgment issue there is no disputed issues of fact and so it can be handled efficiently which is to say a major representation by someone who wasn't even involved saying hey we got our list internally from customers but with nothing else  there wasn't an offer at all it was the defendant actually electronically credited the account of the plaintiff so the plaintiff was made whole in that circumstance given everybody doesn't have a credit with those cases but i do know that there is no comparable in the state and and i think they even in this case of course didn't do very condition their offer offer releases just church or reconciliation whatever you want to call it that you should be dismissed or not is there a question