retaliation claims and mr doyle will be addressing her gender discrimination and hostile work environment claims this court should reverse the district court's order granting summary judgment in favor of the armenians garcia's retaliation claim because and third a causal link exists between her protected activity and the adverse employment action in that colonel dale threatened retaliation and immediately carried out that threat upon discovering that m ok it says i am sending the email below out at the end of the day to the community i have worked with for so long i thought it appropriate that i advise you of my intent before i do it not so you can talk me out of standing at but it must be manager and stating she was being resigned to work on other high priority projects in issues but when mr when colonel dale discovered that she had filed the complaint on october twenty ninth he had not filed that your complaint that it was going to go badly for her would not result in positive action for her and that ultimately the government army would prevail and days later one of the only church it went badly for her when within just a few days well i mean we can call it important like but what really matters here is that i mean that the project itself may have been important that they put her on but she asked them off of all the exciting summary judgment i'd like at the outset to give some background for the court to clarify a few points with respect to the d m s project and the d m s positions regarding regarding specifically the program manager or p and the project coordinator position there is testimony by way of affidavit and deposition from a number of people ministers and delphi general sutton and even the plaintiff herself that this time period in question which was the fall of one thousand nine hundred five was a time of flux or upheaval and reorganization as for what you cut the physically with regard to the d m s program eventually within the next six to nine months for what you go would lose command oversight for v m s they went from a major army command to a subordinate command mr zundel talks about this reorganization and restructure page one seventy two of adelies expert excerpt at the same time the d m s project had grown and had become a major project for all of the services and v m s was allocated funds and each of the military services began appointing p m s or program  managers i'd like to point the court specifically to mr clarke's affidavit which is some page sixty five of the apple e's exerts mr clarke talks about the initiation of the recommendation to establish a p m s position or projects but that the army was still working with the program coordinator that program coordinator was ms garcia mr clarke specifically points out of his declaration that he was pleased with m duty and her performance as the project coordinator but that the army needed because of the breadth of the program the army really needed a pm mr clarke then recommended to lieutenant general gunther that general sudden describes how together with lieutenant general kuntar and gen y the decision was made at the pentagon at very high levels that the army should appoint a program manager general su goes on to discuss that the decision was made that the ship be a colonel and that he should be acquisition certified there's a lot of discussion by general send in the record as to what acquisition certified means it involves ears and years of training and experience in order to be a member of the acquisitions corps general sutton specifically goes through that on page and acquisitions officer would start at the major level the officer goes through a series of schools and becomes a deputy project manager and that was actually mr septa's level mr except there was a g s fourteen on the civilian scale and that would have been the equivalent of the major going through the acquisition certification program and then at the lieutenant colonel level selection board places the officer in a deputy project manager position the officer is then reviewed and the officer competes for the next level according to the testimony of general sun basically one third of the officers competing make it to the next level so it's very competitive at the full kind of level they operate for at least two years in a program manager position and then they're selected to go into the corps so it's a very it's a very structured and onerous program in order to become acquisition certified  all uniform i don't believe it is your honor it's not specifically explained in the record but according to mr clarke's declaration he was actually the program manager for d o d or the department of defense  sixty six in the government excerpt job he needed another pm job he was going to retire in approximately eight or nine months and mr michel we had a pm job that needed a colonel and so they placed a colonel lambeth in that position temporarily until the board could appoint a permanent pm as mr smith shelly points out in his declaration only the board can appoint a pm and so once they did appoint a pm that pm became effective on the date of colonel landis retirement which was the following july of belief one thousand nine hundred ninety six now none of these decisions were made and there is absolutely no evidence in the record to prove that any decision was made because of the plaintiff's gender or because of the plaintiff's job performance in fact throughout the record plaintiff was praised for her performance and for her work as the d m s project manager at fort huachuca what is in the record  page one seventy four specifically he describes a meeting that he had with ms garcia explaining to her the fact that there was a reorganization in the command and that the command for what you want in a matter of months lose all command oversight over the project over the d m s project and that there was a decision made that it would just be inappropriate to continue battling with colonel lamis over the duties and responsibilities in the program the man in the command at fort huachuca try to retain what they could of the coordinator position but he explained to me as garcia that it would be in a somewhat reduced capacity of though that reduction in duties and responsibilities said you can stay in the corning position with some reduced responsibilities and duties or she could choose to be reassigned to another project and he says he took he told her to take some time thinking about it  points to that one is that there no longer was a d m s project coordinator position and the second is that there were no other star simons with the visibility of that actual project christers and del in in the district court did not submit any evidence to show number one what project could she have been assigned to what projects were there that she would have wanted to be assigned to or what projects did other people in her group have they could have been the equivalent of v m s that she didn't get she didn't demand any evidence to those facts because there simply was no evidence of any of that what is in the record is that she was assigned to an important project the summer project and that there was nothing else as visible as v m s and that is the simple answer to her retaliation plane if the court has reorganization and i'm sure you'll be notified with the new army management structure will look like but that's that's her expressing her frustration as what she saw was was her has her duties been taken away from her but there was no there's no there was never any command or