have to go on the road you truly are circuit court i want to talk about the forty five day rule first i want to talk about the mistakes that were made by the trial judge in is factual determinations related to what they don't say in in their facts and what i could really make clear was less than twenty five days later beckett comes to him and says what's it going to take so actually how it happened was on the first of the river to ross to the transmission business line and take that job at least as a thirteen with high public visibility and i'll have a chance to get to a fourteen what back in the squeeze play he really needed cheeriness help in the office so we came back to him a week later and said ok what's it going to take and he says let's talk about this and i want to hear you told him i need that for a change and he said ok that is back and says you're gonna get it i got to talk to curtis about the timing but fill the position at ross so we can get that done because you're not gone wrong and that was that was made until november twenty eighth two thousand when hitchcock says i consider the matter closed so that the district court was wrong about relying on the november first declaration declining of the request because the last word we got just before christmas of dimes six was you know you're going to get it then he goes off and he has this big party yea i got it they come back in january and then mr brackett starts to waffle oh you must have misunderstood me go see curtis and then they go through this whole process with curtis and they talk about all the different things now the court best let's do this and then when they get up into the year two thousand and they do the desk on it he comes up twenty five points shy of three hundred three thousand six hundred five points is what he needs to get that's my whole point voter id is disparate treatment we're being treated differently then we're not being given the same treatment as all of the other twenty four tears three level managers  answer syria was special she was special and her relationship with curtis was special and therefore we gave her those extra two hundred fifty points but the record is clear that mr to reno also had a very special case because there was testimony that she came in and basically ran the office for mr packer and that mr beckett was in the habit of refusing to allow anything to leave the office in terms of decisions longer an adverse employment action upon which to complain noticed no final decision was very until the cock made it and then i'm into that within the forty five day rule or you decide that the d class of the day facto classification system described by mr hitchcock where lower tier managers can just specially starts a new case reach discrete decision on what's its system live and all the cases cited by both of us talk about that now i think i think my strongest argument is that there was no final every where they said and at what point did they ever give him the case you know the glass case says she doesn't have to give up hope about just because of and one non selection she can go through and then when she job we get a copy of a notification for example a call or raise even we get those kinds of forms so but actually i think i can give to the court sun additional help here because i think if you want to call the failure does not apply to discrete employment actions and it's our position that in this case the denial of a reclassification is a discrete action so i'll take the plaintiff is saved by the continuing violation doctrine case back to judge nelson's comment that while he was told later on well i've changed my mind i will try to support you and the argument that it is ok what what does that do with the running of the statue that was actually addressed by court in this case and the district court pointed out that it still doesn't say if this case be terrorists any assurances any claims that somehow mr to reno was misled into sitting on his rights all that ended in august of one nine hundred ninety nine at that point in time mr tyria gave up and took a voluntary transfer to another job so so so the argument that somehow he was misled along the way it kind of resting on his rights if you will that clearly ended at that point in time any argument that an employer missed employee in the employee transpires that point so clearly at that point in time i think that's about as far out as you can go now counsel has made the argument in this race that well there was this continual discussion back and forth the court has a rather just sit back and wait for another couple years he had to pursue his administrative remedies and he didn't do that in this case i'm just speaking to your honor that cut off any possibility of him getting the fourteen i don't think that's accurate but he could have wasn't going to be a g s court chain spot for him or anybody else for that matter in his old division so i think that's that's why he transferred them we have to assume that he was told you know even top person the very top she finally responded and i have this referenced in my brief in january of two thousand and her response it's a memo says final response she addresses mr cheeriness situation the forty five days were to start running from that date it's still not timely the only way that mr cheeriness saves this case is he has to extend the limitations period to something that occurred within forty five again i think i think that the district court's opinion was pretty well reasoned and i think if you accept the application of ricks in terms of when the actual adverse employment action if you will occurred whether it be november or as late as even the summer of ninety nine what if that point any assurances that i've been given mr to read it or over i'm not getting anywhere obviously it's a little different here because he wasn't claiming that his working conditions were intolerable but in fact point you know he had a duty that he knew about to pursue any claim of discrimination that he thought he a and if yes if mr morels position is what he didn't really know that he had a discrimination claim a tell much much later is that this judge marsh found there was nothing that mr chairman or discovered between the in the statute of limitations period have held well i don't recall the name of the case but the employee found basically the smoking gun it was a pretty damaging document and she then pursued her ministry of to return to the easy office and give a classification review says you get fourteen you've got a fourteen the classification review agreed to between the parties didn't take place until the following and it was clear that oscar's and stern with the with the audit that was done in three or four months before he makes his i don't five months before he makes his claim it was still fighting about and they were still talking about this ability of any manager to just say give it to