and taint any exhaustion requirement two there is a matter of legally deemed exhaustion and three new york law does not require exhaustion as well initially the plan requires exhaustion only for the denials of medical care and actually before you get to exhaustion what about object medicare stiction certainly are off subject matter jurisdiction it is actually fairly easy rider and that is we have jurisdiction he claims with the seventy five thousand dollars of controversy paragraph three of the amended complaint and that and that demand largely that depends largely on your punitive damages claim ye claim for conversion which is allowable in new york she added of damages are used in the calculation for removal of the answer to say this question is yes he says you're right primarily on a claim for punitive damages sixteen thousand dollars you lend you want to get sixteen thousand dollars pounds for each of the claims which were shown the same course of action there were sixteen thousand dollars there's there's additionally is sure it is the school district who is not a party isn't that correct this school district is not a party but five thousand three hundred and thirty five also includes not only insurers but it also includes other entity which for provides for payment to remember is one of health care and that also under the law of the agents are similarly situated index and field were fully authorized that statute could said insurance or their agents but it clearly does said well your honor not nope no part of the law says a person is liable for example they person driving a car it doesn't say you know nobody shall drive or operate if the car or their agent all agency is a principle that's superimposed on the underlying liability there reimbursement under a policy of insurance or an insurance contract and so my question is we do not have that here do we do sir we do index how is that what what insurance get out of the statute the insurance policy does not have to be they end in an actual insurance policy with a premium and and they like transaction whereby someone is obligated to let you a question you know maybe this goes to the exhaustion issue me or nish the lien was sixteen thousand dollars it seems to me this is a case that was crying out for resolution here you are in your rd court you're in the nd circuit and this was a sixteen pals and dollar or a name that i would think could have been should have been resolved you know maybe administratively but certainly along the way at some point i'm not sure why you're here and we're here yonder because of the plan for the for the defined period two thousand and thirteen through two thousand and seventeen there are only the arms come to school district or from other places those are from from the teachers from from that time period the are just a school district alone by itself recovered from its teachers over four hundred  dollars from the period of october two thousand and seventeen through july of two thousand and eighteen just eight months they required another sixty two thousand dollars for new teachers all of whom had been injured in accidents and they took the money back from these this case that has not gotten attention and which to defend is to not appeal by the way is that with lost mr cantor baker yes assume that his connection trying to see if he comes back but because he hasn't got kicked out as of yet but we may lose him altogether i'll let you know shortly or yeah it looks like he's still in the room but his connection is technology i'm asking the courts in jeopardy any news about mr kind of baker it went to go get it for me now you're on a someone hold as we speak and think we we should go to the next argument can hold everyone and their place and see if there were works better