well here the last case on the calendar nothing to do with the two thousand and sixteen case the facts in the two thousand and thirteen case is entirely different than the facts in the two thousand and sixteen case because two thousand and sixteen case was a base on the affidavit which was filed two thousand and fifteen before the i just want to district court at the end of the the attorney fees and answer was yes you are trained in the law that you have not taken the bar exam i took the exam copula tired but i didn't succeed thank you this is what happened in the case you have two minutes that you say you good morning your honour's may please the court my name is patrick canel and i represent great west casualty company and the new york attorney defendants mr ron a see me has had his day in court and then some no fewer than five times before filing this case mr ron acing a raise and lost his fraud on the court claim this case is you about the affidavit that was addressed in the ninth circuit that that's exactly right your honor and this case is his sixth attempt to raise that same claim based on that very same affidavit he doesn't allege of fraud in any other respect other than that affidavit which was an exhibit to a summary judgment affidavit of one of the underlying defense lawyers he said he's had his day in court and it wasn't plausible then and it's not plausible now the district court correctly dismissed this action at the outset we said it in our brief enough is enough enough of him resurrecting the same claim over and over again enough of using lawsuits and filings to try to extract some settlement and enough of burdening the courts with happening to sift through these filings to tell him right properly dismissed the case and also prominently entered a pre filing injunction which was very narrowly tailored to prevent mr ronna singing from going for a seventh try and for those reasons your honor we asked respectfully that you affirm the january two thousand and seventeen order of the district court in all respects unless your honour's have any questions all you think you will hear from your  acing you did have a full and fair opportunity to litigate the fraud in the court argument and i'd like to point your honour's to where it is in the record should you need further review starting at the opponent's record page three seventy five in his opposition to the motion for summary judgment in the arizona breach of contract case he argued that the plaintiff contends that the affidavit of populism is a sham and is made with personal knowledge and in violation of federal rule fifty six further point in your honors to his motion for reconsideration of the motion for summary judgment that's the appellant record at page four zero eight the point heading is the motion to reconsider must be granted on the basis of manifest there as the defendant used an engineer document and the court relied on that document further examples found in the next page of the opponent record of four or nine is that the defendant and his attorney committed fraud upon the court i can keep going in for the point out to your honor's exactly where on the record it exists but the fact of the matter is that mr on a single did have litigate his fraud arguments with regard to my client's affidavit i would like to spend a minute now and just address another issue that was not initially raised by mr ana saying it is appeal but it is the personal jurisdiction argument with respect to my clients when mr ron is in the first filed suit back in two thousand and thirteen the eastern district of new york that was immediately dismissed because there was no personal jurisdiction with regard to either the law firm or mr populace you know individually mr on is seeing you has now refiled in the second in the action we take has to be yours i understand that your honor my clients understand that the eastern district matter was dismissed without prejudice which is why was it ultimately transferred him by the plaintiff in arizona but the fact of the matter is that nothing has changed between now and