contradict any allegations of the original state complaint well the original say complaint was a little unclear as to exactly where the assault took place and the subsequent filing mr bicheno and i  about what was jurisdictional facts might be taking them in the right words for both jurisdiction well the judge should make a comment in that respect as far as there's a fashionista whether of fight even happened and that but that was only a distinction between whether the fight happened after the vessel was already full with secured to the pier or whether it began as the vessel still coming in to the berth so that  five six seven different people are to post there are slight variations in truth but i think that best to show the problem with the telescope again so closely on you know one person's recollection versus another just to try to find out whether the damage by a vessel to and then fill in the blank who was injured or what was injured by would have been damaged by a bus or to a passenger and regardless of the rather unique facts and hardest any time a passenger is injured on board a vessel and now the waters perforce there's a potential disruption to maritime commerce and we don't look at the particular fivesome a case that's what group or groups said over and over again since at the same thing if you come up with a general waters in the process of docking well in the process in the process of docking is not a jurisdictionally relevant feature in any case i mean if you go back one hundred one hundred fifty years vessels they were actually docked just sitting there overnight when the fire broke out and that's why i say be happy with the formulation of in the process of docking because that gets you closer to maritime activity that a ship that's already d a captain any time there's a casualty or and it's not on the word of any serious magnitude first thing you do is call the captain at the very time when he's bringing the vessel in the birth he needs to be paying attention to his navigation he needs to be paying attention to the the wind in the current cruise line case that wasn't an assault all completely off the vessel on sure and they said the mere fact that this is a commercial passenger vessel and the publicity that a statement to the newspaper or something the fact that we're standing on the fence when they make the call has nothing to do with maritime commerce they could have been standing anywhere and the best is not indicated in that case the vessel crew is not privy to that conversation reconsider the discovery you just described because it sounds even though there was a conscious effort to have quote jurisdictional discovery unquote that's in fact what happened in some respect i think that's true i  which occurred while the vessel was at dockside that's why i think the fact that it's the best orthodox site is very significant well realistic means you know fifty one percent and i don't i think you're going to win but is realistic really the test i think it's potentially disruptive in the cases seem to suggest that if it's a  that he really got hammered so we are we agreed then and in be relevant activity that we are assessing for jurisdictional purposes it could be described as altercation between passengers on a vessel in navigable writers in the process of docking is there any point that you disagree with for purposes of this argument for  jurisdiction is one of those things that we tend to take very seriously as a procedural matter right every weekend of this case has dragged on for a long time the claimant has been denied a jury trial for a long time it's vessel forty yards off the dock it would be within maritime jurisdiction but if it's ten yards or was it wouldn't be and i think that just goes to show the and herod on workability of the standard but the district court came up with an only if there is potential to disrupt maritime calls and i think if well under thirteen thirty three and if you look at what they mean by potential look at foremost was what you addressed is this continuum of of fan look at foremost where the vessels were on this on a by you and state waters miles from the ocean and the supreme court said we're going to assess the potential obstruction by taking this collision and moving it thousands of miles to a busy commercial waterway that we can we can understand the potential impact that would have had if it happened there and this accident happened right on the main shipping channel which runs right on the west side of the river bank right life made it clear that he that was a unique situation where the accident happened on the dock had nothing to do with the operation of about so where the injury happened on the vessel you're in a completely different scenario the police took