of the motion to dismiss the defendant and or respondent walgreen history good to new grounds based upon two different statutes in the circuit court agree that both of those statutes provided a reason to dismiss his concerns the application of the federal patient safety and quality improvement act to the documents requested by the department subpoena here you meetings are still an issue of material fit with regard to to have submitted briefs for the court's guidance on their senator and i would urge the courts to look very carefully before we get to two i think to the sun well nigh a statutory interpretation issue though on the they do not say that we don't use those reports for any other purpose i think that we can all agree that there are certain basics in the scare story structure that are undisputed and that is that the source information that goes into  understand your question our position is not there if they maintaining patient safety evaluation system and it is created solely for the purpose of reporting to a patient safety organization and the documents in this system  for the statute was intended to promote a policy of the creation of a unique body and information into the extent they need body of information was used solely for the statutory purpose the policy was intended to say you get a which but it wasn't intended to cloak other information under the auspices of well if you put it in your is a privilege and then you're free to use it for any other purpose without blowing the privilege of the that would be a purpose to say in does it seem rational that they would only make this information available for one or for one purpose the ira i can't speak to the for purposes of walling i don't know what's rational for their purposes to position that the privilege doesn't suite their id and give it the additional privilege that is reserved for the types of incident reports there are are music school recently for reporting to a patient safety organization reporters are writing this summarizes something related to what they say is an extra removed which is when they were so wrong medication given a prescription given to a patient person or words to a prescription the didn't call for them that was out of date that that a lot of purpose i think it's one thing should be filled and can be fulfilled with but again it doesn't include copies of those records that would be maintained outside the exclusive use and transmission process for patient safety organizations asking is how it is distilled commission comes back six months later three months later how do they know what they're referencing if they don't have a copy somewhere to look at in half i think outside the star's reporting system that's not what they said they carefully said we don't have courts other than the star wars and that indicates or at least it doesn't exclude the possibility and charge purposes or internal risk management independent from the star system and then we have the much talk question and i think that involves both a factual issue in the village and their question is the one  they have established then absolutely the circuit court based upon the full development of the facts even if by affidavit if that's what's required could conclude that the subpoena seeks only documents that are covered by this federal itself and there is no dual purpose to the system such that the problems would not apply to those records even within the system to the extent they're maintained in created for this separate purpose tha reason for seeking other documents to phone number one they have systems and number two that the case the employment discrimination case and how that department is coming up with this theory that they have done i believe in motion for summary judgment it's not the defendants were to establish that judgment should be entered because there's no material sheer fact if the pla claim after all this government's done says ok it's the put up or shut up moment we've done the story we found nothing in the plaintiff's you know records and testimony and deposition and everything else that shows that they can sustain the burden of proof not use their star reports for any other man privilege purpose such as for discipline or litigation supporters human relations purposes and it's our submission that on the relevant legal principles because they have not  rational that these reports only be prepared for submission within the system and i respond to that quite clearly yes it is very rational but they would want to do that will keep these reports they have the system they just happens to the system so they would meet the requirements of am and they did that because they wanted to keep their patient safety were private confidential and we ha medicine came up with the report and within three weeks after that the congress was holding hearings and it took iris all the way up to two thousand and five to actually enact a patient safety and they were carefully craft patient safety system we can't we can't just don't we don't just dump everything in here and say ok now you can get your hands on that's not when the end is all off and there and that's not what we do what we do need to protect these confidential statements in fact if you take a what i believe it's  investigate these things but what they can't do is what congress is ask a man you don't need is protecting them from they can't come in here and get some kind of piece of these confidential stars reports within that patien obligation to then report before they go off duty that day that something is happening so you're somebody came in to complain or they discover their own air you've heard the term justiciable i have any requests for discovery it's got to be specific around brett enables the person who's going to respond to it to know what it is that they have to give and that's and then also with the trial  in just by saying there are no other incident reports that anything is something else but why are the why is it part reading the entire paragraph two but i believe we are i think it's important to acknowledge that for any purpose other than for the patient safety evaluation system and to report it to a patient safety organization it's those two not for by a defendant that we think star system and i think the more difficult issue is are even those new towards used or maintained for any other purpose and i think because this is a privilege it helps to sort of keep in mind in general principles of privilege which is you don't  exclusive purpose of preparing these reports in the exclusive use is to be used within the patient safety evaluation system then that would be privileged but they haven't said this and because they haven't said they have closed the