good morning ma'am please the court my name is stephen montoya i'm here representing sergeant jeffery green of the phoenix police department surgeon green after serving honorably in the united states rapidly rose in responsibility even came field training officer just three years into the job teaching young officers new officers how to do their job he was al awarded a position on the department swat seen where he did extremely well he got over thirty commendations he got the department's medal of merit he was given officer of the month awards twice he had no record of discipline is career was heading out were but then he complying he was in the mounted unit  green the record will indicate is from new mexico and he likes to ride worse as he started riding horses for the department he was subjected to a series of sexually offensive comments b of the unit initially star green did not complain he liked the unit he loved what he was doing ultimately he didn't complain lieutenant lazaro came forth with his threat and transferred sergeant greene out of the unit starching green went to the e e o c and complained the o c investigated sergeant green's charge of discrimination and found that there was reasonable cause supporting the point when an employer conducts a seven year investigation of a relatively simple claim of retaliation we believe that the finder of good reasonably clued that that harassment in jeff green the working environment in the rock unit turned toxic and there was hostility against candice wilson subordinate jeff greene himself and richard also noted that one of the sources of that hostility was jap's new direct supervisor troy mcclellan that and jeff green was put on administrative leave because he was a crazy and they were afraid of him for approximately three months and is soon as he got back from administrative review based on bogus reason so leave has a stigma that is very hurtful to the career someone who is aspiring for promotion so he was placed on administrative leave he was also subjected to consequently they must be predicated upon objective business necessity for which the burn bearers of the burden of proving that's brown versus city of yakama and then your honor for the  time in sergeant green's long career he started to get disciplinary mornings and started to get reprimanded and started to get under satisfactory performance reviews and they rebut thank you order setting aside of vacating the judgment in this case so the parties could proceed with briefing this rule fifteen a motion for judgment is not of law it's excerpt of record page forty one so the twenty eight day deadline asking for goes far beyond inference drawing he's asking this court to engage in rank speculation and to invent new facts that don't exist and i talk about the adverse employment actions the st of which is that the plaintiff was ordered to go undergo a fitness for duty evaluation and planes as counsel said that there's a standard that gets you objectiveness in business se that's the standard under the americans with disabilities act for whether or not there's an unlawful medical examination that's up a standard that applies he identity of the person who the bad actor was and we don't have that here and you need to know that the bad actor had knowledge of the protect activity the cases have been universally clear he couldn't supreme court precedent in britain versus don't have that you're so give you an example so so with messina on of the st day of work to complain that she gave him a job expectations that you thought were on reasonable and protect activity engaged it was two years earlier he was in a different unit  i complained and the court said that requires thank you lation if there was something further that she reviewed her so personal file it contains a person and it contained those complaints or that supervisor generally brief that was or an inference but this is pure speculation but if you take a step further l know i don't have to conclude that he did that seems to me that the jury permissibly undecided so we want as an address to be some sort of evidence before b to speculate there are other cases the th circuit has said that you can't just check you a without knowledge and this isn't as police department with i believe over two thousand sworn officers people working graveyard swing shifts different shifts people coming from absolutely different parts geographically somebody could be coming from the southeast valley in patrol and go to a robbery unit  supervisor about three years i believe after the initial protected activity i'm about a year after the plaintiff helped him this chance wilson and he's and for a presume to have a retaliatory motive because even and go work that is a valuation which he's never had before this is a pretty rapid sequence of events the reason why he'd taken stress leave for four to six weeks in february so he did have a history of having of having some issues but is his detectives in completing in obtaining a warrant warrant it was served at the wrong location somebody's home or innocent person's dog was killed during the execution the raid there's testimony that so i think i'm contradicted that he was not turning in a supervisory notes in expectations it was a brand new job for him he didn't have to compete for it he was put in without testing for it and so a supervisor went over a job expectations and he reacted very poorly and very angrily so that so that situation so there tell me about your on board meeting with the cia with messina did it last six hours if you give us back to asians you know the expectations document has a revision date on it's what existed before starting green it's not something that was just created for him and so without knowing how she treats others we can't avoid you know discipline and so they need to be screened under this heightened standard of the kind standards mean something it means that it can ask the courts free to invent facts that have no support reasonable inferences are one thing but inventing the identity of a decision maker inventing knowledge inventing motive those are beyond what a jury or a court would should be permitted to do so you have to think you're suggesting that the timing and the common knowledge so that there's a little bit unusual process at the unix p d in that a supervisors were the one that rick was required to take down the complaint not something doesn't go directly to human resources where the process is if i have a complaint i go to my was required to do seven question to our richard who was a member of the robbery unit so commander potter told the robbery unit that jeff greene would be coming on board yes there was a meeting that was held by the by live crimes bureau commander david are the whole unit was told nd of all messina did know a protected activity jeff green gave a copy of candice williams sexual robbery unit is a component of that bureau so he was a top level supervisor he wasn't a day to day supervisor that's even more true a commander penya he never even worked with sergeant green how would he know anything about his behavior no one ever told sergeant greene why he was being subjected to the st fitness for duty examination and my colleague's recent taishan of a bunch of reasons no sucking of all the question whether it's a motivating factor or a bus full or event that's a question of fact and that's a very subtle question of fact is judge  has pointed out most people don't admit hey i'm retaliated against you because you complained and this court has repeatedly held that robinson versus your buy fifty six bed rd at eight concluded that's what the jury quickly concluded and that's what the judge bake a did only haste upon the testimony of the city's witnesses which in the context of rule true your honor but but in making that decision the district court how do exclude the testimony of interested witnesses that the jury was not obliged to believe and the only witnesses who testified that there were legitimate reasons were fairly falkner and call ones the very supervisors the green was accusing of retaliation of illegal conduct in the st place i see my time has