genuine issues of material fact particularly the three reasons that we consider to be pretextual that led to her terminations one issue was an  at a restaurant called chicken express and at this what verse a want to make make clear that this happened and one year before she was actually terminated in fact the superintendent as bailey that's a tentative principle is bailey went ahead and wrecked had recommended her for renewal and that goes to show a pretext that she did consider a serious enough option she could and that that it was there is no there are no witnesses there's no statements from the principal in the record showing that there were any complaints by management or proposition that you don't hit that not every answer that has to has to be to think that it itself is comparable when you compare it to what we believe that being a pretext i think that's enough to get meet that element of being civil it situates you think though that i mean i get that if you know let's say there's five things they rely on and perhaps the compared are as for things you know that are sort of the same but here we've got a sort of thirty three percent we've got one things the same and two things that aren't do you think the fact that most of it's not the same i still make sure compared her want i don't i'm not aware of the case law that says that there's a matt matt mat there so that's good work oh for me to say yeah i know that there's one that were that were saying that comparable isn't part of the equation here that the alleged misconduct on the part of the populace was actually more serious than the alleged misconduct what is the number of students who were trying out or who romany and their statement was that both before the lawsuit and afterwards there is no record of carter when she said that she point she thought she witnessed the cheer of by mr populaces teen she went ahead and pointed it out to mrs bailey who basically off and do it he didn't do anything against it but she took proactive she was proactive miss carter and making sure that the this year wasn't done and done again she took steps herself even though you know basically it was it was something to say to the effect of you know directed at the other side but i don't want to go in and to the upside but anyway it was something that had been done previously and it was  and it was just this one incident one time and it was a complaint and so it was a regular standard cheer and there's nothing in the record to indicate that her cheer was not standard for other  ok i concede that i just wanted to clarify that i do and one other thing i want to point out i think in essence this case is about about about the administration teen complaining that the cheerleading squad was basically too black and that there's a reference in the record or she met the athletic director and bailey and the athletic director said this to cheer advance team needs to be more multicultural and mrs bailey was there and she did objected the testimony of deposition testimony says she that you could say that you know maybe there is some and inappropriate view by the administrator but i'm trying to figure out that that cost the personnel action as well it's it goes to racial motivation it tends to discriminate that they are looking at  the main issue i want to focus in on is for mr carter who has admitted there's no direct evidence of discrimination so we run to the mcdonnell douglas shifting framework she has to prove that their circle not prove that yes to present circumstances that there's an inference of discrimination and in doing so she has brought forth mr populist four years prior but here's the problem the only evidence in the record as to what most populous did or didn't do is the testimony of miss carr and the district court properly pointed out that the self serving and on cooperated testimony have said we have cases that say the opposite we have cases in the u s supreme court has case that says that testimony of the pla clones but they have to be relevant in the similar circumstances they weren't that they were similarly situated in all relevant circumstances because in addition to they found dancing we also present at the deaths an incident at the  chicken the chicken shack the chicken express we also presented evidence and it is in the record and it's not about a district court that there was a decline in numbers so that this will help you did did the plaintiff here at her deposition acknowledge this one that's in what the record said but go ahead so there's there's two additional quote bad behaviors that we've alleged on the part of miss carter that's why she cannot be a comparative or two this populous for your spry or to her why don't those additional two and this is i've struggled with this in past cases what if those two additional things to distinguish the compared are and factory tackle this was what opposing counsel was getting at so that essentially a defendant can make up to other debt she used mild language with the district court sided that saying that indeed the plaintiff acknowledge something happened there was an investigation and the girls were not able to go to the remainder of the tournament ad so that's what they played if it meant it but we also else so they dances that were performed the issue again i don't think there would be compared to worse there's no complaints about populace other than miss carter th complaints about miss carter's dance retains were from the athletic director he complained about it he testified it was inappropriate the athletic director testified that he received multiple complaints so we have evidence that that actually of discrimination we'll get a bit of the doubt then let's look at your nondiscriminatory legitimate reasons then they wait pretext you know there's the cases it's a pretext and not legitimate discriminatory reasons meshed together at that point and the court flushed them all out and said those said there's proof that each of those happened and that would give rise to an employee reasonably terminating or not renewing the contract and here you know that i believe the court knows this we did not renew her teaching contract she's still the math teacher the record clear she's the chair of the department but you agree there's an adverse action no supplemental contract you're not the cheer team coach yes right when he said a one hundred dollars stopped and we had a knowledge that's adverse rap employment action also the debts we know that's in the record that they no longer have  s but for the purposes of this this matter we acknowledge that those two stipend were not renewed which would be so she meets every piece of the four she's in a protected class there was adverse employment  into the reasonable and nondiscriminatory reasons that's where we put forth the bad conduct other bad acts came up in the nd states are you suggesting we shouldn't consider on the inference of discrimination or we should consider them in figuring out why they're similes which we should not i believe the inference of discrimination she has to put for circumstances showing she had a compare circumstances just before something all she has are self serving testimony but to the extent the court finds that's enough then we get into the bat ok i got it thank you i've got your may have asked me if i was going to mr trial so i know well said he wasn't going to do the dance for you and i thankful that the panel did not ask me either good we thought about it no further questions are they thank you thank you very much inappropriate years is there anything to the fact that we have just one complaint miss carter and on the other we have multiple complaints that are in the record in other words there's evidence  parental complaints there was a complaint from the athletic director etc that seems to me to be a difference between the two because a an administrator could say look mrs carter is complaining but i haven't heard of the other complaints whereas people are stopped you know people basically she did shrug it off and here's to your book and i don't know if i don't know if you can really if that distinction is that enough to make them  not because it's more a matter of chance than any anything else or it could be a reflection it could be a reflection that one year was really really bad enough that everybody and the other cheer was maybe somewhat back and didn't offend everybody who was in the audience or many people in the audience i just throw that out yeah yeah i don't know any more matter of when you're talking about parents it's more a matter of chance than  i think that does exhaust the questions thank you ok thank you both for your arguments case number