of discriminatory and amassed the type the fact that this position stayed open for six months and then it was filled by someone who is caucasian is there any evidence of an immense which is replaces a treatment or demoted and only with an individual outside the employer's protected class but you have to have kept trying to persuade us that all this was because of your client protected class and there is nothing in the record about this replacement whether she was doing the same job whether she worked i mean you're i thank you judge bianca i have no questions burdensome and not properly before the court this is inaccurate in both respects and booking vs general sir management company this court held that it has discretion to consider issues raised reeves and argued in the district court but that were not days to consider the agreement and actually took nineteen days to sign it i see my st three minutes i believe are up so i will stop for a moment if any of your owners have any questions thank you judge cooler and the question right she was replaced by someone outside of a protected class or the the exact same position that she had so why is not sufficient you know obviously it took to a point that she's going to ultimately demonstrate discriminatory anim but we're talking about the plea to stage which we describe as minimal so are you asking us do something completely inconsistent with our precedent here i don't believe that it's entirely inconsistent with precedent when we look at the cases like little john carlson and bill the cruise cook there are in addition to the allegations related to replacement individual with someone from a different protected class the case and there are generally speaking other allegations relied on by the court allege further that's she was given up for some reason that she was told it was because they're limiting the position which she watches they do not do so she actually has to think she has already alleged the reason is now i understand the court's precedent but it when you look at this from a from a factually distinct perspective i think that you can you can distinguish this particular case because of the fact that happened six months after her terminations other than the bare allegation that  alleges that it was to assume her position as the executives listen to buskers not some other executive assistant position but her position not i don't know that we don't know what the responsibilities are but you know she was that was her position right now i understand that your honor and i guess what i would say is that in the event that we were to look at this from that standpoint and we were to assume that she does allege a plausible claim of race discrimination which i do think is again factually distinct in this particular case because of the vagueness of the allegations that are laid out in the amended complaint particularly given the relationship that she had with mr cantor and what happened to her position as it related to the dual role that she held as an executive assistant to the get two different positions a director of engineering in the vice president for manufacturing and i think that distinguishes that particular case in addition to the fact that there are no other allegations of any type of animal but even if we were to assume that she can make out as you pointed out that you know we have the bomb in factors and this report inside that so you're asking us on appeal to basically go through the bomb factors and rule in your favor on something that was not addressed by british according to some of the discretion to look at that issue on appeal and with respect to those with those factors we can look at the allegations in the complaint the allegations that are are are stepped forth in the record that's been provided to the court and actually analyze those issues that we