specifically we ask your honour's to find that period did not violate any discovery rules or orders and therefore no sanctions are one in seeking this finding we understand that all parties need to work need to you bet i'm moving forward with respect to our communications regarding discovery sought and provided as well as to work together  did violate it discovery rule or your honor should determine that the trial court clearly abused its discretion when it sought to punish p r a by one striking theory of motion with prejudice as an additional sanction and without notice with regard to for number four yes i can see how mr gore here is counsel would read it without that context to mean something else the court continued on page four he put it this way i would direct your client to answer gary serve its nd supplemental discovery responses producing five hundred and seventy seven pages of documents the debtor's did not object to these responses until more than eight months after the responses were sent notably these objections came in the form of and the debtor surprise the debtors now claim prejudice and surprise relying upon various production of communications with the creditors in the spring produced in the spring of twenty three dollars and however consistent with this  these claims and to support its right to compel arbitration accordingly it would be nonsensical for the debtors to now unless the production of the various serials that they start group of various position is either prejudicial or conflict and surprise in the rd parties involved in proving those communications related to testifying witnesses despite the fact that the request for such information had been september to go sixteen in this it close reading of the court's transcript in the very short order that the court issued on the debtor's motion to compel in january th he reflects that the parties did not at all discuss these communications in the court did not order that it be produced turning back to argument i was making a final point that the dems have not seen any prejudice other than to leave this court has previously or st the imposition of such dismissal sanctions recognizing we must not allow personal frustration alone to be the cause highlight their own lack of diligence in pursuing this discovery specifically the debtors never issued subpoenas for otherwise sought to obtain evidence directly from the creditors and the debtors and not reason any specific objections about the email correspondence as we just i want the court struck carries motions with prejudice as a st action to the court did so without providing advance notice three p r t was advancing discovery and demonstrated that it would o room sounds explained this writing pleadings is extreme and should only be done when the discovery stages of the litigation have completely degenerated to the point where the vitality of the litigation itself has been utterly compromise the debtor action which is why it is so important that kerry be given the opportunity to pursue its contractual right here to compel arbitration for their appearing has evidence that it seeks to comply with discovery even when the debtors themselves did not advance the litigation notably this court has upheld sanction striking defenses for the same should hardly exhibits a pattern of repeated misconduct where there was no times in response to that poor fellow filed a motion to dismiss it was a motion to dismiss in to compel arbitration now the original complaints they had filed did not have credit card agreements attached to them much less single step of the way down we were for they simply refused to conduct discovery we issue written discovered quest and they responded with point that objections we went to the who are on the court said you can't do that respond within the the actual amount of the attorneys fees and so there have been three judges i will say the judge form only dealt with the attorney the aspect of the sections yes correct he came on w hearings on protective orders filed by portfolio so in addition to we think insufficiently respond to rediscover requests they were originally seeking to stop us from taking depositions and were filing a motion for protect a flippant i think this has been taking too long so you should be sanctioned she knew everything that happened there and she discussed that paddling in the treat script i suggested the transcript tracks pretty well before but it's of course more extensive we were here for a longer period of time and it point get discovery for over two years in this case and we were diligent about as the record shows there was lots of work just look how big the record is the record is that it and the one thing that was ever argued about never was getting discovery on a simple motion  it goes without saying the case is three years old we conduct the discovery for three years or attempted to on one single issue and we were at the at the precipice of trying to do we still i mean almost anything that we were supposed not i don't think that they've met their burden at all to us that i  knowing that there was nothing in the record to indicate that the plaintiff had been notified any time prior to dismissal that such a strong cinch and would be i counsel's argument sounded a lot like the evelyn's brief here there are i don't believe that counsel cited any portion of the record and this is similar to the dentist brief where they it's wholly lacking  e one of your honors raised the point to a one k letters and that was a very important point counsel was and unable to direct any of your honors to a portion of the record where you would find them in person beatings were these phone calls discussed in any manner and we can responses to the debtor's counsel's affidavit in both of those are formal as formal as you can get request for appearing to be able to review and also challenge the debtors counsel's invoices i do not know where that representation is coming from point i want to mention that the affidavits stated that collectively counsel could in three hundred and forty three hours of work it's effectively two full months of work into their motion for sanctions and deleted discovery efforts because of this