representatives and there was no question regarding the adequacy of proposed class counsel the court instead declined to certify the case and based on alleged lack of superiority due to the misperception i believe that there were other cases pending there was only one other case pending which was not a class action  that is the case which was brought by my office on behalf of or fire safety officer but did the court also say that it was not sufficient to move asa t yes sir and i'll get to that in a  that there are one hundred situations at least one hundred situations which oddly would qualify for numerosity but you basically have talked about forty or fifty of these i guess during the course of before payment then i guess that would be void if they happened after the payment and these waivers would be valid correct well there's no evidence of any waivers whatsoever other than declaration angeles casting crew members were paid in full for wages meal penalties contributions and benefits and then the next paragraph paragraph seven guy says says in two thousand and eleven the vast majority of cast and crew from the los angeles shoot signed release of liability as the g s and that payment l o l c and as to me personally releasing us from any liability for any late payment of wages and benefits so you know you can perhaps cull from that that the way vis happened arguably afterwards and i know that it's not precisely telling me who was involved who made waves and all of that but the fact that we had this affidavit submitted cover only a portion of the over one hundred people and to fully answer your question let me point out that we did they have been the record the email which is dated october fifteenth two thousand papers you had argued for forty or fifty would not for one hundred but we included both with the declaration i guess we've got a lot of papers in but your papers the things that you would expect the district court to start with says forty well so why should the district court decide to do the work for you and come up with a hundred names well precisely the declaration say over forty or fifty and then they have attached and now you're trying to argue to us but it's really one hundred so if some get called out by having signed work that should have been yours if you wanted to argue one hundred you should have said one hundred you said forty so the district court starts with forty well we believe your honor that over forty is sufficient to grant certification and putting forth the evidence supported by the call sheets would so over one hundred and the email be apologizing to the crew saying we're sorry we paid you late i still don't see any evidence here that tells me whether these waivers happened before or if i just don't see a correct year your honor the point is if they happened after the ruby no consideration for them if they happened before their improper which one happened before and which happened after that i don't believe there we never had any evidence in the court below of any waivers whatsoever other than the unsupported naked declaration of the producer who w signed the before or after they cannot waive the penalties they were seeking certification of because under two zero six you cannot sign a waiver in order to get paid if they sign them afterward there after it doesn't count when does it count it counts if afterwards if you get consideration we but they're paid it or not because you didn't present any evidence i mean the declaration attach is a purported form of release  which a declaration an affidavit is evidence yes evidence they had the majority i think he says the vast majority of the individuals releases that's the evidence in the record and there's no counter countervailing evidence but i think that the count those releases occur which is true but it's the plaintiff's burden to show that the class is appropriate preserve occasion and so it would be the plaintiff's burden to show that the vast majority of those vast majority of release as happened before payments release forms as so there's no evidence of any consideration whatsoever other than his statement that the consideration was the wages  end i'm going to make one final effort that i'd urge you to consider could any class action be defeated in the central district we have virtually no opportunity to engage in discovery prior to the filing of the class or cation so in any class action they could get a declaration from someone saying there have been releases and offer no other evidence of who released he'd felt and come he'd never argued in the court of appeal and didn't care to do so and we don't like i'm sorry we don't bite no i mean i'm not saying you have that attitude we need to let him know someday that we don't level of evidence here i don't think reaches the plausibility to permit a defendant to get off the hook on a case without submitting anything other than a naked declaration saying ultimately the wages were paid in the people release their claims in the central district we have to file these motions within ninety days of filing the case and the local rules several labrat procedures you can't you can't even begin discovery until the rule twenty six conference and so if we serve in a right of tories and do the rest it's impossible to get discovery of all these issues prior to the time when the class certification