the production manager and the lending manager all of these managers have to work together in collaboration with each other to put out a quality product there was no indication that mr b lee did not implement play and procedures processes to produce a quality product but the plans procedures and directives that were given to production were not follow the production manager in june of two thousand and fifteen the production manager was put on a performance improvement program appeal program ninety day obviously if mr b and mr rusty brown were working in collaboration with each other to put out a product if the production managers leadership failed in he did not drop home with his production crew that they had followed the improvement program was put into place in thirty days he had turned around production it turned around shipping and all of the products were going out without any he agree that if that  he was terminated on august th two thousand and fifteen at that time there were no complaints from any customers there were no defects in the private there were no reason to terminate him from employment you know one thing that becomes clear is prior to that period you're talking about there were threatening to take i don't know what exactly what that is but the ice so certification away which is the certification that's pretty significant that customers would have left the blending department approved this all up to go out because they say that they hit never put in place a procedure it was the responsibility of the vice president of quality to develop this procedure the other issues that were going on isn't that relevant and i asked them in your honor that that was hearsay they did not up tying any type of affidavit from the otter and the auditors past their i so qualifications every year and he only pointed out or minor efficiency which did not even brass to the level of a major deficien and you mentioned rusty brown the production manager and you used him as a comparative purposes of proving the claim under mcdonnell douglas but one of the differences you got a few differences and i want you can address each each of them are addressing together one is he had been in the industry for thirty years and he had also been with the company for twenty some years so that makes him different than your client who was there i think three years he also wasn't primarily responsible for quality control you're absolutely right he was responsible for the production in there may be a link there certainly by the fact that he wasn't primarily responsible for the quality control on your client was make some sort of a different animal when there were quality control problems happening so i'm just trying to figure out how to how to deal with those facts but i don't think in a manufacturing you can isolate the production manager from the quality control manager because the quality control because mr brown refer to implement these procedures in he implemented corrective action to make sure the quality product that's why he was put on a performance improvement program and not only fair to an african american that comes with a degree in engineering which puts into place these processes bring me a new technology to cut down on the arrows and yet this production was incompetent i don't understand how that will now happen and they admit they moved him from place to place with thirty years and we believe that there is that there customers like auto zone and family dollar and places like that for them to sale to of a customer so it's extremely important that these items be done correctly now one of the things i want to address right away about the smelly oil there was some smelly old and some problems with the oil that was never never part of his term and he was not written up for that in mystery stock who was the vice president and that was not part of the reason that he was a been totally term and so what was the reason that i mean  it was that part of it what exactly caused his termination or in your view sure well let me go back and give a little history as to what happened in two thousand and fifteen i know that miss campbell said that  we didn't lose autozone oh yes we did we lost our major client because of quality control problem so why did not mystery stock and mr reilly who's the other who's the other vice president do day road up almost everybody in management mister beazley was not the only person who received discipline in this matter matter fact there were five managers they were written up in addition to mr beazley mr moore who was also one of the managers and was a caucasian was terminated about same time as mr beasley or job performance as well now a lot of the other managers were simply given a reprimand some of them were demoted some a more not but there were only two respond to that sure there are actually six and in the depositions of the witnesses the auditor actually said that most likely two of those could have been major violations but he was going ahead and giving us an opportunity to fix the problem so that we could get our keep our certification this was the st time we had ever had an i s o certification where we failed the offer and it was under mr beazley one now that was just one of the on the might arrive or the reason that he was eventually terminated is his job is quality manager is he's our last aware of the problems with the discipline or whatever things were correct and then he was fired that's not that's not correct because mystery stock testified he continued to receive compliance also in mystery stocks deposition he was asked what was the basis of the terminations and he said that he ought to the material he he visited with mr beazley zwerg hers and other people under him and made the determination that he was not progressing as they had hoped i think also the district court pointed out that they also made a determination that he did not have his must experience in the oil industry was very slow to change and yes it was a very dire situation because we as we said we had one client autozone that was already walked out the door and we had two others are two major competitors or clients that were about to walk out door to keep in mind these these places that were buying oil from us they don't just buy all from us they buy from other distributors as well and a lot of times we don't even know if they're dissatisfied they just quit sending us orders but in this particular situation they actually let us know hey we've got a problem and the problems were the capping with the wrong labels going out we would have an auto zone order that would go out with another company's logo and also just i want to point out billy moore was the other manager it was written up at the same time and was terminated a is rusty brown this germans worked there for thirty years he worked in every department and as the district court pointed out mystery stocks and i'm trying i was trying to find another place for him it didn't have anything to do with any racial animus or anything like that he had worked on almost every area of the plant he knew the plant like the back of his hand so he's a valuable employee he was not in a position that he was doing well in we said even to a different  place to work he was all yes all opposing counsel made the point that you know the company was trying to protect this employee i didn't see you know that he'd been competent for thirty years i did not see that in the rocker but i want to give you a chance to respond to that's a  strong point but actually rusty brown has been a bear valued employee he like i said is a very valuable by the way he's worked for that plant for thirty years he was it not just in the oil industry for thirty or thirty years he's worked at that plant he knows every nothing cranny of that plant so if anyone knows that plan and knows what to do what to do it's him so we moved him back down to something that we felt like he could handle so we could keep a valued employee around now there were other valued employees by the way that were in the same position as some of these others  perry jordan who was another production manager an african american who was written up he was kept in his same position and clarence granbury who was another production  manager they were both captain and he was actually reassigned so there was really as the core pointed out there's there's no real comparative person to the job that mr beasley the mr brown certainly wasn't somebody that was comparable for argument's sake he said mr moore and he'll move comparable well there was no racial animus because one would collocation one was after american they were both terminated by the way mr moore was replaced by an african american there were numerous people that were terminated both african american and caucasian during that period of time the one thing that has not been present in this case and that is any evidence of any racial animals now they've argued that the  terminations was they didn't think it was right but you know under the case law they don't you know the court doesn't set up a some top of super personnel department decide whether or not the decision is correct matter of fact the district court indicated that while this asian may or may not have been correct it was clearly a business decision and there was no racial animus no racial component to the case i guess the bottom line here is that mr beasley was the person who was ultimately responsible for making sure the defective product didn't get out of the plant and that continued to happen and he was written up along with everybody else and then terminations was to terminate him clearly there was a business reason for that this company was fighting for  life he wasn't the only one terminated and again in the entire record there is absolutely nothing showing any type of racial animus or anything that gives rise to discrimination unless you have any more questions i'll yield the rest of my time this odd it was not going to result in them losing their qualification so i wanted to address that with the court mr brown was the reason why the products were defective he was not driving the procedures to ground with his employee and upper management obviously that he was not doing what he was supposed to be doing you can put all of the best laid plans into effect but if you don't have the managers they are that's responsible on a day to day operational bases to make sure that their product is service properly being you will have the basics but the apple lee has not presented any complaint from any customer after they have been i mean after june two thousand and fifteen there has been no complaint from any customer after mr brown was put on a perform improvement program everything started to blow when mr brown actually was removed from the production manager and he was moved to the warehouse which left mr b only bare in effect he became the de facto production manager once they moved mr brown to the warehouse so he was running everything he was running quality he was one in production and nobody fit so therefore there was no justification it was pre taped to terminate this man from his employment while you up hold a man has been there for thirty years and you moved him from place to place to place in the production manager was