nearly four hundred patented pain management devices were thirty six million dollars nearly all of its assets thout any viable way to recover those devices if the judgment is reversed if gio takes possession of the devices in may shi them out of the united states south korea or attempt to sell them here for a fraction of what they're worth either way there would be left with no inventory even if it succeeds in this appeal now geo will not be harmed under the current calendar the appeal be fully briefed in less than sixty days june fourteenth is when the reply brief would be due and certainly whether that might be expedited or at the very least expedited oral argument or decision that would certainly would and that factors into the lack of of harm the g o c wouldn't incur by short stay of only two months three months during that time these people measuring devices will be stored in a bonded warehouse brief and even in the context of this motion to stay so where we're very much ready to proceed with the merits of this appeal and i want to just touch briefly on its merits because i know it's one of the factors that this court must consider one thing that stands out to this eighteen percent pre judgment interest rate normally pre judgment interest may not be a significant issue but here the court awarded eighteen percent pre judgment interest on the entire underlying monetary judgment effectively awards more money in prejudgment interest than a dozen the judgment itself it base that decision on as a separate provision of the contract in a separate agreement that applies only to liquidation costs which are costs associated with attorneys fees etc enforcing certain obligations does not apply to a monetary judgment so the judgment has to be reversed for that reason alone and that is this it is not inconsequential some it's about a five point six million dollars in interest on a four million dollars judgment so perhaps you could explain to us what exactly would happen if you if we grant your request for state physically work where there are devices located somewhere that read well there is there are warehouses in connecticut there was one in north carolina i believe the devices are now located in the connecticut where houses are bonded warehouses which are essentially customs or houses they have been there for last several years and they were that the full extent of what's at issue with whether you're out of there also that i'm a monetary judgment but it's always one or the other they can try and force a monetary judgement which is ten million dollars or try to collect repossess these devices are the devices in north carolina but the if there are so devices in north carolina they would be in the same they'd also be an abandoned warehouse and those are secure skill warehouses too because of just the way t essentially allow for a change the timing of payment for the parties and their fair contract but a minute there is no written amendment to that that provision as is required  and the last thing that i think you should be concerned about is if the state is not granted there's a good chance the geo south korean company would attempt to take the devices out of the united states back to tibet the going to south korea to other places around the country where they the nation rather the world where it can sell the devices it cannot sell them here because they don't like the f d a like the f d a clearance that they need seem at times already expired we question the motion to stay ma'am please the court richard zuckerman for g c the judgment here was entered on september twenty ninth that already in effect has been stayed for six months judge bolden gaev do you can you explain why a morsel like september twenty ninth judge bolton gave c t i three months within which tate they could pay the judgment before we would have a right to repossess the devices in which g in which he has a valid up held security interest december that brought us to the end of december a few days before december thirty first having waited three months without paying a dime on the judgment made a motion for a stay judge bolton found that there were no grounds for granting a stay see that c t i was not entitled to a stay it had not even made any attempt to show that it was likely to succeed on the merits and judge walton found the other factors collectively weighed in favor of denying would remain in effect so in that six months we've been unable to enforce the judgement g o him see as a judgment for ten million dollars it there's no reason why it should be stayed without there being a bond equal to the amount of the judgment g o c intends as has been stated in our brief to this court in opposition to the stay if that once the judgment as as long as the judgment remains in effect and has not been stayed to proceed with  c sale of the devices in the united states pursuant to a contract that will become that that where the closing will take place if if the stay is vacated it's in the united states the devices are not being removed from the country and that's entirely  slightest chance of success on the merits this is an appeal which seeks to hold clearly erroneous a finding of fact made by the district judge after a bench trial based upon the credibility of the sole witness with personal knowledge of the facts as to what was it with as to what when the payment was due on the devices the second branch on their likelihood of success of their appeal challenges the validity of a security agreement saying that the chief executive officer of c t i didn't have authority to sign the security agreement didn't have either actual or apparent authority they contend and and they ignore the fact that the c g i chief executive officer who signed the security agreement signed all of c t r as s e c filings that the security agreement was prepared by regular corporate counsel who was secretary of the board of directors and c t s bylaws specifically gave the chief executive office their office or authority signed contracts on behalf of the corporation so the notion that there's a likelihood of success on the merits as it is is as thin as one could possibly imagine the proposal for alternative security that was made by c g i is a proposal to put geo mc in a worse position then it's been in with having a security interest a security interest in the devices meant that all of the devices were subject to the security interest and if any new devices were sold the proceeds from the sales of the devices were subject to the security interest c g i paris proclaims that the devices are worth ninety thousand dollars each well they sold eleven devices for ninety thousand dollars and twenty sixteen and they paid not one penny to g e o m c so what you have here your honour's is a is a company that parking about four hundred medical devices right that is correct your honor each of them in your view is worth how much the wholesale price to to c t i was ten thousand dollars per device a retail price can can range anywhere from thirty thousand per device to the ninety thousand that they were able to get but the market is quite thin so that if one saw a two edged sword to collect on the judgment for ten million dollars within a reasonable period of time one would be who one would be fortunate to get the ten thousand dollar per device wholesale price or something more than that and the notion that you could you could could get anything where anything close to the ninety thousand dollars part of a devices is fanciful i also would know your honour's i know who the red light is on but one one last point your honour's if indeed these devices are worth the thirty six million dollars that c t i claims they could have borrowed against the houses they could have gotten an investor to fund the fund so they could pay the later in the matter after trial and for a longer time we sought to try and bond the judgement which is the standard way to do this we won't have to come before this court and work with the c e o to try to figure out a way to to make that happen we also try to work with g a o to arrange alternate security recognizing the value of the devices themselves and just can come to an agreement and unfortunately we had to file the motion we did in advance of december thirty first deadline and seek relief in that manner otherwise the last thing i would say is your honor to talk about expedited briefing and expat schedule they've geos waited a significant period of time this appeal to be resolved in the matter of months that's the end of that and that's the end of the matter and the last thing i want to say is that devices are worth ninety five thousand dollars based on the only test morning a record which is based on actual sales the ten thousand dollars is