illustrate what we want to curb willow is i wanted to provide you blowups of what's contained in the i guess the critical question here is do you have enough to get this summary for or do you have martinez was injured the court held that there were four things that was different from the actual model that was made by mr maskell one was that there was an air battle switch the tach to the rear support arm mr umask will testify that every machine has an air valve switch attached to someone machine so they can have mate and so on it doesn't matter where it's put the second one was there is no stainless steel post attached the base well it's true exhibit mr my chance is one thing but your ability to prove that the defendant made the machine is distinct from that and i want to know what shows the defendant made the machine where you're offering so far as i understand it is  these function makes them all look alike all thirty five millimeter single lens reflex cameras look alike but i want something that shows snorkel made these were designed specifically for sealing through concentrate that they were on a basic conveyor belt system and this stands purposes only so it's above the conveyor belt self the gravity free what i'm asking is function would make the machines tend to look alike because they're designed to do the same thing but i want to know what hand over it that has the probe and instead of the way this one is done there is no other machine to his knowledge he testified that makes the snark would seem the same as he made it is he made it for a specific purpose it was just for the fruit concentrate business basically in california and that's why they did i mean there's no other machine there that's exactly the same as the stork or for this particular purpose one thing very much they claim was that because they had a different pedestal and there's supposedly welding marks on it that's what made it different that was there is much more as shown by mr flynn in his declaration as to why he did it then there is mr olson mr fisher which is the basis for their summary judgment motion they don't want to say they saw the machine operated they didn't see the machine operated by my so all of those and that's what he said his declaration and i would submit that that should be sufficient to do that i noticed i'm running out of time like i have a question or reserve my time should be affirmed there is no evidence that presented that smurfit corporation or container corporation of america actually built the injury causing machine there a key difference is that the court looked at all the evidence demonstrated particularly the one your honor pointed to before which is the fact that there was an override switch on the back of the injury causing machine and the evidence falls stablish is that smurfit the snorkel machines built by smurf it never had anything like that you had pong switches that you had to push and simultaneously that's how you ran the machine there was no way to override it they did not build the machine there are other differences the stainless steel base that is  the snorkel machine was built by smurfit there's a difference in the being structure of the welds it's a completely different machine and always will be demonstrated are all plaintiffs really demonstrated that the injury causing machine was successfully designed and built by somebody other than smurfit because people were coughing these machines and there wasn't a label on it the vacuum pumps were just the  here is that smurf it they're trying to hold with it responsible when they cannot demonstrate this or if it actually built this particular machine the testimony even of jim flynn if it if it doesn't run into problems with admissibility which it should  the lack of foundation for his comments since if you look at paragraph thirteen fourteen fifteen of his original aeration and even look at his amended declaration he doesn't specifically state he says are substantially similar could you i had trouble understanding the words and i had trouble understanding the pictures in the record just small could you walk around and point to what you're talking about on the difference in the buttons in the difference in the us feel no override switch on the ones that were built by smurfit i can't tell you what the override switch because there isn't one of those so it's more like a dead man far along more precisely precisely when you take your hands away the only you can operate it is the push it both in simultaneously so your hands can't be there when you take your hands away it stops the machine they don't have an override switch so that you avoid this very scenario where somebody could actually turn it on while your hands are in there  there probably was smurfit copy it is not going to be completely different but you're going to have different things like an override switch that isn't in a smurf it design you're not going to same professional welds which is the difference that people were talking the testimony in this case the difference in the quality of the product the structure that was to use the stainless steel vase the differences which oh you mean the overwrites which overrides the  ride for i guess you'd want or you would try and do something like that but most lawnmowers if you had a black and decker von maur that had that type of a kill switch where you're pushing  the time you're talking about cameras they all sort of look alike but that happens all the time i think in manufacturing you come up with something else but maybe you have that kill switch that you can't think i get it now tell me if i'm right i have thought of an override switch kill switch no matter what's going on with the big red button on the machine stops but if i understand it right it's the opposite you hit the button and you don't need to work the dead man the buttons anymore correct that's what happened in this instance  can't it's not really new evidence if you talk about robert and william smith camping the opportunity to take their depositions few days after the deposition cut off they have the opportunity arose after discovery and after the summary judgment prefaces and the court continued the summary judgment motion three times i am sure that you if you were to ask the court i need to take these two depositions you probably would have gotten  do it there's no reason to continue with three times when you're trying to come up with additional evidence you can't wait on that right to find that evidence and so after the whole case is over it's not like he didn't know about robert and william smith camp were there depositions were no this happened to be after discovery cut off my experience in the eastern district you can go in and get an amended everything amended schedule without much problem to continue the discovery of court even gave you three opportunities by continuing the motion for summary judgment you didn't take the interesting part you honestly didn't take the depositions of people who may have asked the question would you buy this from you guys have those records of who you bought it deposition of the new evidence motion that would indicate anything would come of that as far as where these machines came from there wasn't a presentation of i expect to get this testimony there wasn't a an offer of proof as to what the new evidence would be there was a speculation that i may be able to find out who actually manufactured it where i may be the find out that it was that was smurfit i you know the problem with that is that this wasn't like it was new these were the employers of the person who was injured there's no reason you couldn't have taken their depositions that another time that's not really newly discovered evidence in the context of what you would expect to have this newly discovered evidence well over my time gone unless the court has additional questions i take your company has a patent on this on your machine i don't recall that they actually pa correct a few inaccuracy is your honor every single one of the machines has an overwrites which i would point to the your evidence then that snorkel snorkels says they never made a machine with a button that would override the dead man double palm switch oh my my foot is found it looks like you're quoting from your statement