i'd like to focus on the merits of the appeal and then talk about some of the jurisdictional issues that surround this case and then if there's time i'd like to talk about the three outstanding motions if i don't get to the motion i'd like to get those on our the individuals seek to do so yet that's a separate question as to whether or not they were properly denied the right to intervene right i think i'm not sure i understand we're w there from there creating body to bring this lawsuit because it also determines whether they have the jurisdiction to bring the cautions i think iran or standing if you will i think your honor that any jur dictional defect your could be easily cured by the court in a couple of ways one needs to grant the of feel as to the rule fifty nine in motion which then would allow the individuals to suffocate out if they don't have violations are lost to the plaintiffs and because of the globe the issues there were violations at the ports like of the chlorine standards that were ongoing in september two thousand and two when the first suit was filed that were not on going in march two thousand and may start up again in the future and they're not in the second suit because they had stopped at the time the second spot you sort of collateral for we have a girl really interested and then we have this relocation and it turns out  go after in other words words where my missing here my missing something or my making something out of it isn't there i think you're making something out of something that isn't there in this case because of the procedural posture  where you have a very closely related party or maybe a partnership rather than the two people in the partnership or a husband suing on behalf of himself or rather than you stated this is why it's a very closely related here independent entity then it can go anywhere i mean it's nice to go to the rules just to let them move to do this and let them move to do that but if they can't get the end on your only all still can't get it is because i kind of read a lot that they can also cannot also move to bring these other people in the correct that you you seem to say let's just ignore that i'm missing something apparently you think that this entity has some some being legal being but i don't see any of the year that i don't understand well i think if you see here we have a designated relocation committee if we don't have its legal nature before us how can we go forward and let them make all kinds of motions and actions in the letter does not need to describe every detail of every potential plaintiff it only provide enough information that the defendant can identify the person this is a direct application of your honor and the reason it is at the meeting where they're saying that they got this popularization in the record of the district court is the videotape of that meeting there's the official minutes a meeting and there is a transcript of the meeting and all of those show what those people are saying happened this meeting did not occur and watch the videotape you can see for yourself that there was never a vote to authorize these to do there was never a vote approving the lawsuit there was never that the individuals apart that motion because they didn't intervene in this appeal they didn't intervene in the fort pillow they're not before this court and you don't have jurisdiction to create jurisdiction just allow the substitution here and judge said look i think it was correct in his ruling in that regard it doesn't matter if we hadn't had the dismissed you know any other reason there's just no way that you can allow the substitution of those and they're not challenging the fact they conceded in their rule twenty one motion on page five that they are not challenging issues that led to their lack of standing and their lack of appetite to do those issues are before you you don't have the ability to go out and look at those things where they're not being challenged this case doesn't exist from the day they file that once they've found those issues and there's no way to res and you are made a party for what purpose we are a party for me to go purposely but i i think we could we do have the ability to file this motion number one i mean in some ways it's academic in the sense that the