counsel for joining us this afternoon by video conference for this argument session the court has three cases set for argument sept th on the calendar now and clerk would you please call the st case for argument  i will proceed with argument in case number one night ask any lawyer who's not arguing please place your microphone on mute until you are speaking and we'll hear st from m but you'll have to watch the clock and stop on your own because it will expire if you continue after six minutes yes your honor we're here because  simply twenty two or three days left in that restraining order mr a very had not been heard in state court and the federal district court did not hear either motion from either party mind you here which was which was fulfilled on the next day on september th there was no litigation conduct there was nothing done by either party until january th when the bank between september th and january th unfortunately we have to talk about these facts because these facts are what make this case moot it's moot because it's expired the original  order here in september th seen and there and therefore the banks motion to dissolve also becomes moot there is nothing else to talk about it was not heard in any court and for all practical purposes this case was over we believe  old may have been dismissed but there wouldn't have been any other legal ramifications bank of america wanted more and they want to do to lose any future claims from within the missouri state court system its turn within the software petition but the substance of what was originally filed is that there was simply a motion  limited injunctive relief of two weeks the real st complaint was that st what was called the st amended complaint that was not well done but the substance the substance petition and that was that was in artfully done it was called a perth amended complaint but it was not a real them and st complaint was not a amended complaint from the standpoint that it correct not just the terms of software but in terms of the rules of procedure in missouri is is an action initiated by the filing of the petition in initiated by the and i see my time is about five hundred and thirty if the court doesn't have any me to question the reserves for remaining time or a bottle rivera five days later on september th all the other pleadings in this case were filed by mr warner they are not true safely so so for example the st amended complaint was not  was no opposition to its removal as a complaint at that time in fact even after the tiara was dissolved and a move to dismiss was filed in the district court gave me i'm sorry i'm sorry i thought you were saying that regardless of what rivera's position had then as a legal and factual matter he filed a petition and because that's the only way damages only asked for one type of release it was a very limited release and when it expires especially in state court would with the state court judge you have unlimited jurisdiction over perpetuity at that point there's nothing it is simply a status  gone over four months nearly four months with nothing happening in fact if they believed it was a petition they should have filed with the answer within a number of days after sitting in front of judge white in the federal district court it's only when they wanted to get a claims preclusion type result did they change and and hammer in that this was that was the st petition house and there's nothing in the record to indicate that mr o'hara was going to bring any claims it was all triggered by a motion to dismiss and in federal court a motion to dismiss of hero and there asked for all the time that that if it jurisdiction remains open no case could be closed it's analogous to what happens in state court domestic instances a couple has to ask for a domestic restraining order it's granted for a number of weeks until the hearing but if if the complaint party doesn't show up at the room it's dismissed it doesn't go any further and that's the fact it didn't work the fact that he didn't ask for damages originally doesn't mean there wasn't a case or controversy and he was seeking some time for permanent  and i don't think he had the opportunity to do that banks a hearing on it and they didn't attend their own hearing it's on page sixty five of the next that the defendant failed to appear for their own  very well thank you for your argument thank you to both counsel the case is submitted and the court will file an opinion in due course