in the whole claim all i wanted to do was just get feely compensated for the managerial work and stuff that up and for more on the on the job just like m us toward you that is if you have any reason to believe that this was based on your race rather than your performance yes tell me what that evidence is because all my head of before  i had x were raised three times i got denied all three times and i got an e mail from one of the executive saying that the m t a wasn't having  a for the certain people to get raises so i checked in did my research on the people that was in these documents and all of them was on the on protective class white lead you to believe that they discriminated against you because if you raise they claim as you must know that your performance was poor ok but but in my two thousand and nine work evaluation  print out an email to see all that information what time the email was sent but that was submitted to the court not of the i would assume it is something like that never received those no and after that in a deposition that i never received morning panel may please the court my name is sean higgins i represent the defendant appellee you are s the trial court's judgment granting summary judgment should be a firm because there is just no evidence in the record of any discrimination and the plaintiff acknowledges this even on the first page of his appellant's brief he says that he truly believes in his conclusory speculative statement that he believes that if documents would have been submitted it could have made a difference toward his case at least in some part so he's acknowledging that there was no evidence of discrimination and the evidence that was produced that was before the court that is in the record that was in the local rule fifty six point one statement shows that there was no evidence mr dunn testified that there were no racial remarks that were made by you or us by m t a by anyone to him he testified there was no knowledge of any racial bias by any of the parties in this action he testified acknowledged that there was no he never made a complaint of discrimination while he was employed by you r s even though he acknowledged that your us has a policy that was given to all of its employees encouraging employees to raise issues about any potential possibility of discrimination so mr higgins as i understand mr dunn's argument is he's continued to articulate here he asked for a raise  having had good performance reviews because he is african american and folks who are not african american are getting raises he's so would you just sort of take not a part please   during the relevant time period that the plaintiff was talking about there were ten employees that were given out and out of cycle raises and out of those ten two of them were african wrote these letters on behalf of african americans in addition as we pointed out in our brief this was a project where mr plaintiff worked on the east side access project was which was an m t a project and he was you were s's client and the procedure was that m t a would control when someone working on their project was going to be promoted and when and then when they were going to get a started in two thousand and eight at the end of two thousand and eight in the beginning of two thousand and nine there were complaints by m t a of other people who were responsible for daily supervision of mr plaintiff about his work performance  in addition as far as the evaluations that plaintiff refers to all except for one of them are not part of the record shouldn't be considered but even if even if they are considered these were evaluations that were given by that were not given by his the person who is responsible for daily supervision of the plaintiff and the complaints arose after the latest of  to tell us anything you want us to know ninety percent of what he said is inconsistent i think that every time they think scimitar pleading to a brief they switch it up basically because they didn't expect me as a  it's been a long battle i'm not here to come here and live or make up anything and hopefully you can see through the grief how up been down inconsistent their claim has been against me that's a lot basically