titled to demand discovery in order to show it to me if you told me that particular court did realize that there may be cases although perhaps not in that case there may be cases where the district court in its discretion may want to allow some form of documents with on the side of the road or documents we discovered through our continuing search of the media of a c c filings etc and i think i remember this really be a different question though if you did it that way as opposed to this way were even though it was by stipulation it was as a result discovery motion agreed and i can't run away from the fact i can't not i can't use a euphemism to try to call it something other than it was which was discovery over the i think maybe the distinguishing factor here is the fact that it was voluntary that's the the complaining that's correct and if i sounds to me like you're admitting the complaint was not adequate i'm sorry what i meant to say was going into this case we fully believed in good faith that we had an adequate complaint we feel we fully believed that the five or six instances of information from these drug trials flowing into the company of flowing into the board were enough to get over the hurdle of demand futility if you look at the record pages j seventy nine eighty five you'll see we were what we were hoping to add to this case is a little more specifics specifics that that the the the studies the vigor study before the district court we had pending motion to dismiss we having information that came into our possession i suppose in hindsight one could say we should've followed many complaints at that point but because our investigation  putting people's wives at risk and you know flying out here from the from the west coast to the day when i'm serious how sitting in a plane you know thinking you know we depend upon the pilot we depend upon we can exceed two hundred weiser at stake eight million americans were taking this drug at the same time that the board was aware that there were these horrific test results coming in the actually up you know it's really not the question that i pose she was really to suit themselves it was very clear that you would be asking the board to sue themselves we believe their conduct in the face of documented deaths in heart attacks was so beyond the pale but that doesn't square with the fact that you're conceding now that the complaint is not adequate when you see when you say you can see now what we did not do was choose to come before this court with a broad wide ranging appeal and try to defend that original complaint we wanted we were fully prepared to amend that original complaint but that doesn't necessarily mean i don't i don't agree that we believe that the original complaint was inadequate we thought it was inadequate we chose not to clutter up this appeal with trying to defend the adequacy of that original complaint when by this time we now have another universe of documents and facts in our possession is there anything that would prevent you now from making a demand the board directors and starting a new suit i suppose not but but stepping back and looking looking at it from well outside the facts of this case but the facts of this case yes now more so than ever we we would and excuse their failure to make a demand so why did you agree to allow them to have discovery when it's going to court in having a discovery refuse the will first of all consolidated in as one of the thirty odd cases consolidated in the yellow proceedings and i think this case really highlights the problem with drawing a distinction between what the courts characterize that paltry discovery and records request then from the discovery that it was voluntarily given to them by you in this case the difference is that of books and records inspection is not only able to be made before you bring a  in hand they hear they are allowed to come to court they can't take discovery unless that come to court they're not supposed to under the whole wall even to be allowed to come to court unless they have the facts in hand so and they said well this is federal court than those rules don't apply which is replaceable and they said but anyway we need to get going to there's a tremendous amount of work here and it will be a fission to us get that work underway and start yes you can call a stimulated resolution of a discovery dispute voluntary discovery or voluntary voluntary production but it isn't voluntary and says that while the discovery requests wouldn't exist if they have knowledge that it seems to be the general rule that you're not a part of the script but there's nothing there's no case which i've researched very closely which is then district court found good cause there's no case which says and stead of going to court and saying this is the general rule type of case you settled with them and gave them some discovery not go they were seeking and if they would have won if they went the district cour rule here that doesn't need to know either put to prise the district court of the discretion in these circumstances to say i'm not going to consider this half to require discovery material for demand futility of reasons will encourage players to come into court and file these cases because the plaintiffs this is not the only case where plenty of trial the route of cases without making a demand so they should've made a demand and where there are a lot of other this type of case that's the way i read your argument that we must say that under no circumstances is a derivative plaintiff a time for discovery even if the district court wants to allow the only circumstance of that and what we did was narrow the scope of what we would look for and produce to those materials and they were they were entitled to that anyway or they may have been title to get that anyway and shareholders they did not make it did make a make a demand on the board to avoid the burden of them demonstrated to me if utility because under the modified business judgment will once the demand is made and refuse then the burden shifts to the defendants for them to show that their that the decision to refuse the demand was reasonable that cetera et cetera so i really don't think there's much you're worried about this is a unique situation based upon the facts given what we were able to put in our