afternoon your owners and please the court i represent jim harmon he's a twenty year trial lawyer for county spent most of his career until these cases started trying child abuse cases i'm here and we're here because i made a mistake and that mistake unquestionably is the cloud hanging over this case but i want to focus on just briefly the good cause argument which i know is a the timeframe from one hundred and twenty to ninety days lawyers other than i made the same mistake and he said you should look beyond that mistake look at more factors just don't let that take over the whole good cause and else that's really the focus of the appeal on the good cause you're going to like to focus my attention on the nd part where i do think there was an abuse of discretion based on the standard you know judge  cases that you read i apologize to you to have to read all these things because i know you've dealt with this issue it's going to be frustrating to judges to see that turn is just miss things like this but in all those cases there was never such a short delay and so i do think this case is outside the range of permissible decisions in that respect even with respect to decisions that judge scrutiny of me but i do think the real problem was that the judge took an erroneous view of the law when he looked at the factors in terms of his discretion and somehow when you read the decision every factor got turned against mr herman for instance the judge says the county concedes that they had no choice but that he doesn't say that that factors in her favor he he notes correctly the law that when the statue of limitations is going to expired now really a dismissal without prejudice becomes a dismissal with presidents and he cites there's a part of case where the courts as you know we should probably take a closer look at that they don't go as far as the th circuit that says there's a heightened standard but it's in there it's in most of the district court cases but but the judge says i'm not willing to give you that fact i've never said i didn't see any other case with that the rd factor is really one factor because everything happened so quickly they didn't conceal the defect in fact it had been served before the judge even sent out an order saying you better service the th factor is prejudiced to the defendant and the judge cited some cases saying well of course if you have to defend something because the station limitations run presence but there was no the president cited under the case law that's minimal and so i believe we've shown an abuse of discretion based on that i would like to address one other thing that was an unusual thing and i volunteered it because i was trying to figure out what happened here there was another case where i moved for an extension to serve involve the senate condition of indians we try to serve in my career my process server was thrown out and ceremon told never to come back so i moved after we try to after a month to search for an extension and in my papers i said you know we've got a one hundred and twenty dollars days to start this is early two thousand and seventeen and about action in new york supreme court arising out of some of the same conduct and that you would have that ability to seek relief in that form and so you were going to be completely your client wasn't going to happened was and this is a problem when you represent people who are still working for an employer what happened was that we had the st case pending a month after we filed this lawsuit we had a mediation and i didn't think it was right obviously in hindsight i should just serve i didn't think it was right to serve this complaint at that time because we had the mediation the st case we were hoping to resolve the case with my client still working there he wanted to keep working and then in december his he was abruptly transferred out of where he'd worked for twenty years doing these child abuse cases to child support and there was a row with his supervisor not not between him but between his bogart and the intermediate supervis says it's ten days because he said they still had nine days from when he sent that note in the other case so there's no case i can find where there was such a harsh result for you know a minor established that we are good cause of lacking and as the district court found in the lower case this court will not disturb the district court's decision to dismiss a complain considered a variety of factors that have been set out in the framework that this court the nd circuit has adopted and has utilized for over a decade plaintiff's  counsel site and has cited to th circuit case eastern district of virginia all and when i would consider a last ditch attempt to have this court change its standard and there's really no reason to do so the standard has worked well in the us district in this circuit and the standard of overturning such a decision factors it looked at all of the reasons the plaintiff cited each of them i was in the mediation it was the how of days i really didn't want to exacerbate the situation work he looked at them and said simply these are all within plaintiff's control all within plainness control he could have made a different decision and when things aren't with rising on the exact same incident the february two thousand and sixteen incident and they had incident play of counsel has indicated resulted in his final laying in state court not only a defamation action but intentional infliction of emotional distress and several constitutional violations we removed they had to the court which is why it's the court knew fully well of those of the other case and utilizing the marathon case he has another romany and that other remedy is being able to have other claims to pursue and that is in fact a major consideration as compared to the prejudice on the defendants the prejudice would be significant in that the defendants would have to defend against a case that was time bar and doesn't even get into the issue of whether or not there was good service effect in any of them so they also the court also looked at the other factors and wayne so we we do believe that the court did make proper decisions but the real analysis is whether or not this court can go in and nd guess those decisions when the court has later record as to what it was thinking whether considered and all the other factors that what are you suggesting that what the pot is says is that so long as the district court recites all the appropriate factors it doesn't matter outrageously the judge might have no i'm not saying you know it's an abuse of discretion standing abuse of discretion in the united way right it is absolutely but it has said that in the absence of well but i suppose there was also an argument that the district court was not aware of its discretion and had procedurally erred and with the court what our current said was  there's no procedural error so long as the court has weighed it was aware of its discretion and weighed the factors i decided but theoretically at least there could be such a thing  as a decision that's outside the bounds of reasonable decisions you're saying this is not one of them yes i'm saying this is not one of them thanks very much thank you under and then you don't think of it and that's what judge robinson or judge ellis recognized in the robinson case and that's why there was no motion to ask to extend service because i thought you didn't know  actually is is based on one incident where he was perp walked out of the building a man who had been there twenty years in front of everybody else and that's really what their focus is on this case is a completely different standard of proof and everything else this is about a concerted effort by the county and ms bogart to remove the older lawyers including mr herman he's not the only one so it's a completely different case now if i lose this appeal do i go back now and file a motion to amend that complaint i mean it seems like a waste of time considering we are in this case was procedurally it was within days when this thing happened there's never been any real