mortgage insurance company b investors mortgage insurance company held a bed will develop procedure for a to quote permits a notice of appeal from a non final decision to operate as a notice of the people from the final judgment only when it just recording down to the decision of these kind of cases is that if that where a where the ministerial task of entering judgment under rule fifty eight dollars is the only thing that remains before before appeal ability will lie that the court will will find that remains none of those concerns are if you're wrong because the because the court disposed of all the claims and so all the court had to do was that ministerial rule fifty eight  the reasonableness is quote beyond question here experience procedures were unquestionably unreasonable and even if not they should have at least been a jury question the the proof is on the face of the disclosures we only receive the public record section  and you know the the trial court relied on a persuasive case henson from the th circuit to say that that said the reliability of information from a rd party was the source was required to be unreliable before income verde between the man with the the income verdes in this case would always exist regardless of whether or not the source of information was reliable so in this case unlike perhaps  perhaps other cases indistinguishable circumstances here if you if you say that the source has to be reliable than experian could literally take your information from a source put it in a blender and jumble it up and then send it off to consumers and there would be no liability for them at all if they could say that well wells fargo where bank of america reported that information accurately it doesn't make sense given the th circuit's liberal interpretation of the  inclusion date and so if the consumer like mr li oni submitted a dispute to experience after the date of his bankruptcy destroyed then categorically that information will come back to to experian and experian will say a debt included in bankruptcy after the discharge date as the court the court correctly identified that as a as a as a peyton we interact item of information and it doesn't depend at all as you know as to whether military star was reporting the information correctly or the it's not that it's not easy to follow them but if you take that your statement and you look at the documents the reinvestigation report and you go to military star how is your point documented here absolutely your honor so if you look at the military star train line you will see under you will see a notation says that included in chapter thirteen bankruptcy on november  and sixteen that is the date that military star responded to mr really only that experience sent him which is what i said earlier but mr lee only disputed this information after the date of his bankruptcy discharge how could he at what's going on here well well your honor we have no dispute with how experienced reported the public record information in that section you mention our issue is that they say included in bankruptcy on his trade line after the date of the destruction if included means petition date as i think everybody agrees how could he possibly have have included this in the bankruptcy petition when his bankruptcy was already destroyed that fundamental income groovy is something that was clearly recognizable if experience did nothing more than look at the base of the document they sent mr lee on and before they did that but they didn't do that what did what did experience have to do to engage in a reasonable procedures well our experts and you'll see this among other places in excerpts of record pages six hundred and forty to forty four is they could have they could have double checked that information they could have they could have not over relied on automated systems in the manner they did they could have established human review and in fact experience in house expert who often serves their thirty six witness said that experience programming logic allows them to adopt certain kinds of checks and balances and she gave examples six then a reinvestigation is a consumer report and because of that that alone suffices to find that this information was a consumer reports were e b purposes but furthermore your honor as we pointed out in a reply brief the recent case of of younger be experience out of the th circuit shows that shows a pattern of logic entirely consistent with the trial court did in this case which is to say that  pointed out in its ruling experient said that on the face of that reinvestigation this could be sent to rd parties and we introduced evidence of summary judgment showing that the entire reinvestigation including this language should be there isn't a distinction and this is clear in the shaw case between the form of the language in the consumer disclosure and the form of the language in what they d would call a consumer report and an experience successfully argued in shaw that the bits and bytes data that are shown on a consumer report would be sent to a credit grantor are different in the plain english that a consumer receives because consumers are not sophisticated the fact that this phrase does not appear on a consumer report does not mean that the codes themselves would not appear on a consumer report and let me just get the citation of the evidence that you requested just give me one moment that i thought experience to this information would not be included in a consumer report experion relies upon and self serving declaration from and from a witness and if you look carefully at that declaration and i believe it's one paragraph nine of which the kind of consumer reporting product that experian offers a very ever ubiquitous one there are there are fields in that profile report which will lie with the items of information on mr b oni certification that that we provided competent expert evidence to be able to model you're talking about essentially ready damages least the component of which would be emotional distress right emotional distress thousand that would could be applied class wide i think that that determination as with the the remainder of the class certification issues as we pointed out in our brief would be most appropriate for the district court to handle in the st instance if there i would note that in the case the case we held that the employee was being to have reliable and it strikes me also as sort of a false arguments argue that there's just an awful lot of data because the other side of the argument is a lot of people don't realize that with credit reports of equal money when you make a mistake on somebodies credit report their car cost more money or they can get a house there are significant issues so in a way you act in sort of  because i'm not ascribing that role but it's super important that the information be accurate within the bounds of some level of reasonableness and there is evidence that a significant portion of your reports list obvious inaccuracy such as bankruptcy trade line items that pose a bankruptcy discharges you mentioned multiple i want to make sure i understand these documents sharp so in the reinvestigation report that was sent to mr leoni that says the very beginning dear david leoni a the consumer doesn't do that out and are you saying that there's under no circumstances a connection between a credit score and in ok you know as one who is not into the consumer credit reporting world it's a little difficult to read it st but as i understand it the critical line is the balance is judge preggers and mentioned a few moments ago why is it so difficult to why can't experian just record the adequate did you know the information i don't understand why they have to come up with a in house expert replied that it would be so in response to mr perkins question statement about whether the information would never be there the testimony is there thank you others ok thank you very much counsel we've created all your arguments this morning lost time damages which are which were issues related to review of credit reporting as well as transportation expenses and crime and so edition your honor even in the absence of actual damages if this court