we're responsible for that we don't dispute that but we don't dispute is whether the expert reports that we provided were adequate under the rules and furthermore whether real thirty seven c one of the federal rules of civil procedure allow for centuries sanctioned that is a monetary present it wasn't the case just meant that we had gone to trial and presented some kind of new evidence and said well look it's in the report and you look at the report it's not there that's not the case i understand your question but what i'm concerned about is this is you know are you to raise issues for the first time on appeal there's a real issue here i want you to tell me where in the record it shows that you raised these points with the district court claiming that it was unlawful for the court to do what it did even if the expert has been deposed and the rule thirty seven motion which they filed to exclude testimony and consequently i had no idea there was going to be the possibility of monetary sanctions th dollars for reasonable tourney fees and expenses incurred in preparing the motion to exclude expert witnesses refers to the the hearing it says that you had a little bit of time to tell you that you bury your sanctions or against whom they had been imposed and you said no issue is disclosure and whether any monetary sanctions are imposed now you're reverting to an argument that i thought you were making  be there is no authority impose monetary sanctions there is there's by its plain language as it is good one tells you that you say well it doesn't provide for attorneys that's true other rules provisions of the rule specifically call  mister we maintain that rule thirty seven provides a court the discretion under the may impose other program sanctions language that the court has already discussed and in discussing with mr rhodes and there's no on point authority that's been presented by either party we can find and i don't believe the power found any where a court has squarely addressed this language which was  this case in particular the sanction of finding a trailer on the sanction was proper because the court actually gave the party olympic a break and that's and the  same sanction is followed by another district courts rather not with a nice circuit but we've set forth really the only authority that i believe is either party could find and that's the wilson decision from illinois i believe as well as the burton decision from kansas where they just recorded exactly the same thing that happened here one party moved to disclose the experts because failure to disclose properly attorneys fault for not following the rules for not following the scheduling order therefore experts are back again which is what happened in this case they denied our motion our rule to exclude motion roud the parties to aman modify the reports to conform with rule twenty six and doing so said well so i was going to pay for all the trouble and that's exactly what this court yet and i would add that there was also a scheduling or his program as he called it i believe we refer to as a program but he did say you didn't follow rule twenty six which invokes rule thirty seven see why and you didn't follow my order which invokes rule sixteen and there is a rule sixteen it's clear as can be the attorney the party either or so there is that legal authority underlying that first what what sanctions could the district court impose other than monetary sanctions if we're talking about the attorney alone what's the range of sanctions available  well it could even be more lenient it out just referring to the bar presumably the right track and if you have anything in their case at an monument or reprimand and and clearly as all these rules provide for thirty two that second for sixty two that was cited by mr rhodes that was based upon rule language that has been changed substantially and it anomaly they're looking at president the apex decision which is a pre nine hundred ninety three case and they just followed it they really didn't look at this revision within the rule in address the language they didn't say well here's what the rule says and this is why we're going to