indicate an issue of fact exists and and as as you said in the beginning left give us some specifics on what you referred to then the response was filed without a record and then the record was supplemented some months later and we would argue would be moving to purdon to have produced that record at the time for us to response or not as this isn't to say we didn't have the record we have the record but the record was not before the district court  detailed i don't i don't follow what you're saying he said he said that the plane his assertions in their motion were not entirely verified by reference to the record or what i don't i guess argument would be there before the court there before a court well in arguing against summary judgment it is your burden as the nonmoving party to point to facts of record which create material issues of fact and elements protected activity we're not no no no he didn't judge me i mean i i think what we did was we pointed to there were a number of claims we pointed to the and he said respect to this claim that that plaintiff had not met her burden to show a title seven retaliation claim primarily on the question of the causal link causation ms russell was indeed dismissed i mean she did suffer an adverse employment action she  then at some point in time let's let's let's let's do the dates that are setting the record september fourth two thousand and two files for benefits she's fostered two kinds of benefits the one that at some point after that it's not established in the record the only place it's in the record is in her ear c documents which also reference a disciplinary hearing in march two thousand and nine at some point after that  captain singleton testifies at some form of hearing that is and i have to be hearing now when that happens it's probably not necessarily because these benefits you know it could be before she was dismissed on july and it's not on the record that's correct so that's number one we don't have the timing here it's not in the record the second is that the e e o c determination letter makes you conclusions the first  not report she not report her injury until september and she had her injury when she was detailed to another district she was assigned to the one nine hundred s tricked the injury occurred when she was assigned to the sixteenth district so in terms of him saying i write this wasn't reported to me it wasn't reported to him until september second the idea that this so it's not established there's not a question material fact that this is false in fact it's established that that's what she did the second is that it made a difference we don't have anything in the us we don't have anything in the record respectfully in the depositions or otherwise that shows seventy captain singleton's testimony made a difference in terms of the basically as to captain singleton there's only two so you know the bottom line here is there they were there wasn't there isn't a question material fact for the title seven retaliation claim there wasn't one before the district court for  all the other ones are only and you'll see complaint with us you determination that's him asking this russell if she was married that's in the deposition and asking her if she were quote unquote fixed whatever that means that's also in the deposition and that's it otherwise at the other sites to the deposition have to do with her time in the twenty third district which is back in two thousand and four her time with necrotic strikeforce seven basically all things that well that preceded her time with in the one nine hundred sixty captain singleton there are just and and they don't pertain to the title seven retaliation  one claim that's not supported by the record before the district court it's not supported now i can if you have any more concerns i can try to address