text:
Silicon Knights, Inc. v. Epic Games, Inc.
Filing 761
ORDER granting in part 721 Motion to Exclude Evidence of and Argument on Damages and denying as moot 700 Motion for Leave to File Motion in Limine. Signed by Chief Judge James C. Dever III on 5/7/2012. (Sawyer, D.)
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No.5:07-CV-275-D SILICON KNIGHTS, INC., Plaintiff, v. EPIC GAMES, INC., Defendant. ) ) ) ) ) ) ) ) ) ORDER On April 27, 2012, Epic Games, Inc. ("Epic" or "defendant") filed a motion to preclude Silicon Knights, Inc. ("SK" or ''plaintiff') from offering evidence of, or arguments about, SK's monetary damages at trial [D.E. 721]. Epic also filed a supporting memorandum with attached exhibits [D.E. 722]. On May 1, 2012, SK responded in opposition and attached exhibits [D.E. 744]. On May 2,2012, the court held the pretrial conference, during which it heard arguments on Epic's motion. As explained below, the court grants the motion in part and precludes SK from offering evidence of, or arguments about, a computation of SK's monetary damages on SK's claims. If SK prevails on any of its claims, it shall receive an award of nominal damages (Le., $1.00) as to any such claim. This order, however, does not bar SK from offering evidence of, or making arguments about, Epic's alleged damages on its counterclaims. I. Federal Rule of Civil Procedure 26(a)(1)(A)(iii) requires a party to disclose to its opposing party "a computation of each category of damages claimed by the disclosing party-who must also make available ... the documents or other evidentiary material ... on which each computation is based, including materials bearing on the nature and extent of injuries suffered ...." Fed. R. Civ. P.26(a)(1)(A)(iii). A party cannot fulfill this requirement by providing "undifferentiated financial statements; it requires a 'computation,' supported by documents." Design Strategy, Inc. v. Davis, 469 FJd284, 295 (2d Cir. 2006); see Bullard v. Roadway Express, 3 F.App'x418, 420-21 (6thCir. 2001) (per curiam) (unpublished); Frontline Med. Assocs., Inc. v. Coventry Health Care, 263 F.R.D. 567,569 (C.D. Cal. 2009) ("Simply producing financial statements ... is not sufficient."); Shock v. Aerospace IntelUation Corp., No.3 :08cv304IRV!EMT, 2009 WL 595923, at *4-5 (N.D. Fla. Mar. 6, 2009). Instead, a party's Rule 26(a)(1 )(A)(iii) disclosure must state the types ofdamages that the party seeks, must contain a specific computation of each category, and must include documents to support the computations. See,~, Design Strategy. Inc., 469 FJd at 295. Rule 26(e) requires a party to "supplement or correct its [Rule 26(a)] disclosure or response ... in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect ...." Fed. R. Civ. P. 26(e)(I)(A). Moreover, a party may supplement its Rule 26(a)(l)(A)(iii) "computation" by producing an expert report (including documents) that complies with Rule 26(a)(I)(A)(iii). Furthermore, when a party receives additional documents that it intends to use to prove its damages, or when its previous damages computation becomes otherwise inadequate, a party must supplement its Rule 26(a)(l)(A)(iii) computation. See Morrison Knudsen Corp. v. Fireman's Fund Ins. Co., 175 F.3d 1221, 1229 n.2 (lOth Cir. 1999); Hertz v. Luzenac Am.. Inc., No. CIVA04CV196ILTBCBS, 2006 WL 994431, at *10 (D. Colo. Apr. 13, 2006) (unpublished). When a party "fails to provide information or identify a witness as required by Rule 26(a) or (e), the party is not allowed to use that information or witness to supply evidence ... at a trial, unless the failure was substantially justified or is harmless." Fed. R. Civ. P. 37(c)(I). Rule 37(c)(l) provides trial courts wide discretion to remedy violations ofRule 26(a) or Rule 26(e). In exercising its "broad discretion," a trial court determines whether a party's failure to comply with Rule 26(a) or Rule 26(e) was "substantially justified or is harmless" by considering (I) the surprise to the party against whom the evidence would be offered; (2) the 2 ability ofthat party to cure the surprise; (3) the extent to which allowing the evidence would disrupt the trial; (4) the importance ofthe evidence; and (5) the nondisclosing party's explanation for its failure to disclose the evidence. S. States Rack & Fixture, Inc. v. Sherwin-Williams Co., 318 F.3d 592,597 (4th Cir. 2003). A. In its motion to exclude, Epic argues that 1. In its Rule 26(a) disclosures, SK identified several categories of alleged injury for which it seeks to recover in this action but failed to provide any computation of its alleged damages as required by Rule 26(a)(1)(A)(iii). Instead, SK deferred to "expert analysis and computation." 2. In supplementing its initial disclosures, SK never provided a computation of its alleged damages. 3. SK proffered the report ofTerry Lloyd for its expert analysis and computation of damages. SK did not proffer any other expert witness on the issue of damages. 4. On December 22,2011, this Court excluded Lloyd's report and precluded him from testifying about damages in this action. 5. Pursuant to Rule 37(c)( 1), the failure to disclose information required under Rule 26(a) results in that information being precluded from use at trial unless the failure to disclose was substantially justified or harmless. SK's failure to disclose its computation of damages was neither substantially justified nor harmless. Def.'s Mot. Exclude [D.E. 721] 1-2. In its memorandum, Epic notes that SK served its initial disclosures on October 3, 2007. Def.'s Mem. Supp. Mot. Exclude [D.E. 722] 1. In a section of its initial disclosures entitled "COMPUTATION OF DAMAGES," SK identified several categories of alleged injury and stated, As set forth in its Complaint, SK has been severely damaged by Defendant and SK has several bases upon which it may recover compensatory and punitive damages, as well as other relief, from Epic. Those specific damages calculations will be the subject ofexpert analysis and computation. In good faith, however, SK believes that its damages will total several million dollars due to fraud and other tortuous [sic] conduct, breach of contract and substantial damages from ill-gotten gains from collecting the license fees under false pretenses should be disgorged. 3 Docwnents in support ofSK's damages will be produced upon a mutually agreeable date, to the extent such docwnents have not already been produced. In addition, some of the docwnents in support ofSK's monetary damages are in the possession, custody, and control of third parties, including Defendant. SK anticipates that its continuing investigation of this matter and/or discovery in this action may lead to additional information, witnesses, and/or docwnentation relevant to SK's damages in this action, and SK expressly reserves its right to supplement this damage computation with such additional information, witnesses, expert analysis, and/or docwnentation as required by the Federal Rules of Civil Procedure. Def.' s Mem. Supp. Mot. Exclude, Ex. 1 ("SK's Initial Disclosures") 18-19. On July 15,2008, SK served its first supplemental initial disclosures. Def.'s Mem. SUpp. Mot. Exclude, Ex. 2 ("SK's First Supplemental Initial Disclosures"). SK provided the identical disclosure as to "COMPUTATION OF DAMAGES." rd. 25. On March 23, 2009 and December 4,2009, SK again supplemented its initial disclosures. See Def.' s Mem. SUpp. Mot. Exclude, Ex. 3 ("SK's Third Supplemental Initial Disclosures"); Def.' s Mem. Supp. Mot. Exclude, Ex. 4 ("SK's Third [sic] Supplemental Initial Disclosures"). These supplements do not include a section entitled "COMPUTATION OF DAMAGES." See SK's Third Supplemental Initial Disclosures; SK's Third [sic] Supplemental Initial Disclosures. On December 4, 2009, non-expert discovery closed and on June 4,2010, expert discovery closed. See Mar. 5,2010 Order Amending Scheduling Order [D.E. 492] 1; Oct. 2, 2009 Order Amending Scheduling Order [D.E. 400] 2; Scheduling Order [D.E. 33]. Before the close of expert discovery, SK produced the report of its damages expert, Terry Lloyd ("Lloyd") ("Lloyd Report") [D.E. 564-1-3], and Lloyd's report in rebuttal to Epic's claimed damages ("Lloyd Rebuttal Report") [D.E. 621-2]. The Lloyd Report contains a "computation of each category of damages" claimed by SK and a discussion of the docwnents or other evidentiary material on which the computation was based. See Lloyd Report [D.E. 564-1] 41; d Fed. R. Civ. P.26(a)(l)(A)(iii). The Lloyd Report constitutes a supplement under Rule 26(e) and satisfied SK's obligation under Rule 26(a)(I)(A)(iii). See Fed. R. Civ. P. 26(e). On May 26,2010, Epic deposed Lloyd. See [D.E. 564-4]. 4 On July 8, 2011, Epic moved to exclude Lloyd's reports and testimony [D.E. 620]. The motion and SK's opposition were fully briefed. On November 30,2011, the court held a hearing on Epic's motion to exclude. On December 22,20 II, the court granted Epic's motion to exclude expert evidence from Lloyd regarding SK's damages and in rebuttal to Epic's damages. See Lloyd Order [D.E.697]. The court determined that Lloyd's reports and proposed testimony were based on an unreliable methodology and therefore were not admissible. Id. 10-32. B. In opposing Epic's motion to exclude, SK initially focuses on whether Epic complied with Rule 26(a)(I)(A)(iii) and Rule 26(e). Specifically, SK argues that Epic's initial disclosures and supplements concerning its computation of damages under Rule 26(a)( 1)(A)(iii) were inadequate. Pl.'s Mem. Opp'n Mot. Exclude [D.E. 744] 3,9-10, 16-17; see Pl.'s Mem. Opp'n Mot. Exclude, Ex. 6 ("Epic's Initial Disclosures") 7-8. Thus, according to SK, if this court precludes SK from offering at trial evidence of, or arguments about, SK's monetary damages, then the court likewise must bar Epic from offering at trial evidence of, or arguments about, Epic's monetary damages. PI.' s Mem. Opp'n Mot. Exclude 3, 16-17. The court rejects SK's argument. The record shows that Epic timely produced Phillip Beutel's ("Beutel") expert report ("Beutel Report") during discovery in this case [D.E. 636-7]. Just as the Lloyd Report was SK's Rule 26(e) supplement to its Rule 26(a)(1)(A)(iii) computation, the Beutel Report constitutes Epic's Rule 26(e) supplement to its Rule 26(a)(1)(A)(iii) computation. See Fed. R. Civ. P. 26(e). The Beutel Report remains in the case; therefore, this court need not explore whether Epic's initial disclosures, independent of the Beutel Report, satisfied Rule 26(a)(1)(A)(iii). In contrast to the Beutel Report, the Lloyd Report is no longer in this case as a result ofthe court's December 22,2011 ruling. Accordingly, this court must determine whether, independent ofthe Lloyd Report, SK complied with Rule 26(a)(1 )(A)(iii) and Rule 26(e). IfSK did, it may present such evidence and argument to the jury. If SK did not, the court must determine the 5 remedy under Rule 37(c)(I) for SK's non-compliance. Not surprisingly, SK argues that, independent of the Lloyd Report, it complied with Rules 26(a)(I)(A)(iii) and 26(e). First, SK notes that it stated in its initial and first supplemental initial disclosures that it expected its damages for the various claims in its complaint to be "several million dollars ...." Pl.'s Mem. Opp'n Mot. Exclude 4. SK then argues that these statements were adequate damages computations. See id. However, a Rule 26(a)(I)(A)(iii) disclosure must include "more than a lump sum statement of the damages allegedly sustained." City & Cnty. of S.F. v. Tutor-Saliba Corp., 218 F.R.D. 219, 221 (N.D. Cal. 2003). Instead, the rule "contemplates some analysis," including an analysis of the damages sought as to each claim. Id. at 221-22 (collecting cases). SK's statements that it expected its damages to be "several million dollars" lack precision and analysis. Accordingly, SK did not satisfy its Rule 26(a)(I)(A)(iii) obligation with these statements. Moreover, SK stated in the same documents that its "specific damages calculations will be the subject of expert analysis and computation." SK's Initial Disclosures 18; SK's First Supplemental Initial Disclosures 25. This statement bolsters the conclusion that SK did not intend for its "several million dollars" statement to serve as its Rule 26(a)(1 )(A)(iii) disclosure. Rather, SK clearly intended to supplement under Rule 26(e). SK also argues that it responded to Epic's request for "documents relating to ... damages" with "several million pages of documents." Pl.'s Mem. Opp'n Mot. Exclude 4 (quotation and emphasis omitted). I However, SK does not contend that the disclosed documents include a specific I Specifically, SK states that it disclosed its (1) profit and loss statements; (2) books; (3) ledgers; (4) audited and unaudited annual reports; (5) tax returns and associated schedules; (6) every videogame development contract; (7) every amendment to those videogame development contracts; and (8) the various schedules of man-hours, expenses, and anticipated profits connected with those videogame development contracts. Pl.'s Mem. Opp'n Mot. Exclude 2. SK also notes that it disclosed specific exhibits that may have some bearing on its damages. Id.9. 6 damages computation. See id. Disclosing damages-related documents alone, without disclosing a computation based on such documents, does not satisfy a party's Rule 26(a)(l)(A)(iii) obligation. See,~, Design Strate~, Inc., 469 F.3d at 295; Bullard, 3 F. App'x at 420-21; Gould Paper Corp. v. Madisen Corp., 614 F. Supp. 2d 485,490 (S.D.N.Y. 2009) (holding that defendants' disclosure of "six hundred and twenty-nine pages . . . which document [ed] and detail [ed] the basis for [defendants'] damage claim" did not satisfy Rule 26(a)(l )(A)(iii) (quotation omitted)). Similarly, SK argues that Epic served interrogatories and requests for admission that raised damages-related issues to which SK responded. PL's Mem. Opp'n Mot. Exclude 4-5; see PL's Mem. Opp'n Mot. Exclude, Ex. 4 ("Epic's Second Set of Interrogatories") 9-11.2 However, SK does not argue (or produce evidence showing) that it included in its interrogatory responses or in its responses to requests for admission specific damages computations supported by documentary evidence. See Gillum v. ICF Emergency Mgmt. Servs., L.L.C., Civil Action No. 08-314-C-M2, 2009 WL 1458200, at *3 (M.D. La. May 21, 2009) (holding that "vague assertions of damages" contained in interrogatory answers do not fulfill a party's Rule 26(a)(l ) (A) (iii) obligation); cf. Fed. R. Civ. P. 26(a)(1)(A)(iii). Next, SK argues that it produced "multiple witnesses on fmancial and damages related topics ...." Pl.'s Mem. Opp'n Mot. Exclude 5 (emphasis omitted). For example, SK notes that before deposing SK's president, Dennis Dyack ("Dyack"), and SK's chief financial officer, Mike Mays ("Mays"), under Rule 30(b)(6), Epic stated its intention to ask Dyack and Mays damages-related questions. Id. 8. SK then argues that "Epic voluntarily elected not to pursue damages inquiries" when deposing Dyack and Mays. Id. SK also contends that Epic received information about SK's 2SK attached a copy ofEpic's interrogatories to its opposition memorandum. SK, however, did not attach its answers to those interrogatories. See Epic's Second Set ofInterrogatories. Thus, the court does not know SK's responses. Moreover, Epic's interrogatories do not lend themselves to responses that would include specific damages computations supported by documentary evidence. Cf. Fed. R. Civ. P. 26(a)(l)(A)(iii). 7 damages during the deposition ofRobert DePetris ("DePetris"), a fonner SK vice president. See id. 5,8. In response to SK's argument, Epic noted at oral argument on the motion to exclude that it did ask Mays about damages during SK's Rule 30(b)(6) deposition and that Mays stated that he "[had] not calculated an amount" ofSK's damages. See Mays Dep. [D.E. 621-4] 6 (Dep. 20). As for DePetris, DePetris did testify generally as to the revenue SK expected to generate from Too Human. See DePetris Dep. [D.E. 533-18] 53-57 (Dep. 210-25). However, DePetris did not compute SK's alleged damages, much less offer documents to support such a computation. See id. Moreover, Epic correctly notes that making witnesses available is not a substitute for the computation and analysis that Rule 26(a)(1)(A)(iii) requires. See,~, Design Strategy. Inc., 469 F.3d at 295-96. In Clayman v. Starwood Hotels & Resorts Worldwide, 343 F. Supp. 2d 1037 (D. Kan. 2004), plaintiff made an argument similar to SK's when trying to defend its failure to otherwise disclose a damages computation. Id. at 1047 ("Plaintiff claims that defendant has not been prejudiced because defendant had the opportunity to discover infonnation about plaintiff s damages through the deposition of Dr. Younger, and therefore such non-compliance [with Rule 26(a)(I)(A)(iii)] is harmless."). The court rejected plaintiffs argument, holding that "defendant [was] entitled to a specific computation of plaintiffs damages, and [was] entitled to ... the documents and other evidentiary material on which such computation is based." Id; see Sauer v. Exelon Generation Co., LLC, No. 10 C 3258, 2011 WL 3584780, at *9-10 (N.D. Ill. Aug. 15,2011). As in Clayman, Epic's ability to depose witnesses who had some knowledge of SK's damages did not satisfy Rule 26(a)(I)(A)(iii). In sum, independent of the Lloyd Report, SK did not comply with Rule 26(a)(1 )(A)(iii). C. Rule 26(e) required SK to supplement its Rule 26(a)(1)(A)(iii) disclosure "in a timely 8 manner" after SK learned that its disclosure was materially "incomplete or incorrect ...." See Fed. R. Civ. P. 26(e). SK did not provide a damages computation other than the ones contained in the Lloyd Report. Therefore, in light ofthe expiration of the period for SK to disclose its experts, see Mar. 5,2010 Order Amending Scheduling Order 1, this court's order excluding Lloyd and his reports made SK's statement that its damages would "be the subject of expert analysis and computation," see SK's Initial Disclosures 18; SK's First Supplemental Initial Disclosures 25, materially incorrect on December 22, 2011. See Fed. R. Civ. P. 26(e)(I)(A). Moreover, the court's exclusion of the Lloyd Report resulted in SK's having failed to disclose to Epic a damages computation that complied with Rule 26(a)(l)(A)(iii). Since December 22, 2011, SK has yet to supplement its Rule 26(a)(I)(A)(iii) computation pursuant to Rule 26(e). The court therefore must determine the appropriate remedy under Rule 37. D. Rule 37(c)(l) gives a court discretion to preclude a party from introducing evidence to establish damages when the party fails to make a Rule 26(a)(1 )(A )(iii) disclosure or fails to properly supplement its Rule 26(a)(I)(A)(iii) disclosure pursuant to Rule 26(e). See S. States, 318 F.3d at 597-98; Nelson-Salabes. Inc. v. Mornin~side Dev.. LLC, 284 F.3d 505, 512 n.1O (4th Cir. 2002); see also Gould Paper, 614 F. Supp. 2d at 490-91 (holding that defendants' statement in their Rule 26(a) disclosure that they intended to prove counterclaim damages through expert testimony, and defendants' subsequent failure to disclose such expert-based evidence,justified application ofRule 37(c)(l) to limit defendants to seeking nominal damages); AVX Corp. v. Cabot Corp., 252 F.R.D. 70, 76-81 (D. Mass. 2008) (holding that plaintiffs failure to timely supplement its damages computation subjected plaintiff to Rule 37(c)(1), and that plaintiff could not use the supplemental response in opposing defendant's motion for summary judgment). Under Rule 37(c)( 1), the court's inquiry focuses on whether SK's failure to comply with Rule 26(a)(I)(A)(iii) and Rule 26(e) was "substantially justified or is harmless." Fed. R. Civ. P. 37 (c)(1). SK has the burden ofproving either 9 substantial justification or harmlessness. See,~, S. States, 318 F.3d at 596-98; AVX Corp., 252 F.R.D. at 78. Two cases from other circuits are instructive in assessing whether SK' s failure to comply was substantially justified or is harmless. See Fed. R. Civ. P. 37(c)(1). In MicroStrategy Inc. v. Bus. Objects. S.A., 429 F.3d 1344 (Fed. Cir. 2005), the Federal Circuit applied Fourth Circuit law and affirmed the district court's disallowance, under Rule 37(c)(1), of plaintiff's non-expert damages evidence. See id. at 1356-58. In Micro Strategy Inc., plaintiff disclosed that it intended to prove its alleged damages through an expert's testimony and his three reports. Id. at 1353. Shortly before trial, the district court excluded plaintiffs expert damages evidence, finding that the evidence was based on "a flawed methodology ...." Id. After the district court excluded plaintiffs expert damages evidence, plaintiff did not supplement its Rule 26(a)(I)(A)(iii) disclosure. Id. at 1356. However, at trial, plaintiff attempted to introduce non-expert evidence to prove damages. Id. The district court found that plaintiff had violated Rule 26(e) and disallowed the evidence pursuant to Ru1e 37(c)(I). Id. On appeal, plaintiff argued that the district court abused its discretion under Southern States and that the district court shou1d have admitted the proffered damages evidence. Id. at 1356-57. The Federal Circuit disagreed, holding that plaintiffs new damages evidence surprised and prejudiced defendant, that plaintiff "cou1d not cure the surprise without postponing trial and reopening discovery," and that most ofthe proposed evidence had been in plaintiffs possession "for over a year before trial." Id. at 1357. The Federal Circuit conceded that the proffered damages evidence was of great importance to plaintiff; however, this fact did not "tip the scale in favor of [plaintiff], particularly where [plaintiff] alone [was] to blame for creating [the] situation." Id. The Fifth Circuit reached a similar result inCQ, Inc. v. TXU Mining Co .. L.P., 565 F.3d268, 279-80 (5th Cir. 2009). In CQ. Inc., after the district court excluded plaintiffs expert damages evidence, the court granted defendant's motion in limine to prevent plaintiff from offering other, non-expert damages evidence. Id. at 279. The district court did so after finding that plaintiff had 10 violated Rule 26(e) by failing "to provide notice of [its] alternative computations ...." Id. The Fifth Circuit affirmed. Id. at 280. Considering factors similar to the Southern States factors, the Fifth Circuit held that the district court did not abuse its discretion under Rule 37(c)(1). Id. 3 The Fifth Circuit cited plaintiff s failure to "offer[] any justification for its failure to disclose the damages calculations or their underlying evidence," and concluded that "given the advanced stage of the litigation, permitting the new evidence would not have been harmless." Id. Like the Federal Circuit in MicroStrategy Inc., the Fifth Circuit recognized the evidence's importance to plaintiff, but held that this factor did not establish that the district court had abused its discretion when the evidence was "not essential to [plaintiffs] underlying recovery." Id. 4 The court follows the Federal and Fifth Circuits and excludes SK's non-expert-based damages evidence pursuant to Rule 37(c)(1). The Southern States factors support this result. See S. States, 318 F.3d at 597. First, SK's disclosure of a new damages computation more than two years after the close of discovery and approximately one week before trial would surprise and prejudice Epic. See Def.'s Mem. Supp. Mot. Exclude 5. In opposition to this conclusion, SK argues that Epic only "cursorily alleges ... that it has been prejudiced" and that Epic "does not provide a single supporting fact." Pl.'s Mem. Opp'n Mot. Exclude 14. However, SK's statement does not reflect Epic's argument. Epic correctly states that it "has no notice of the amount of monetary damages SK may now claim The Fifth Circuit considered four factors in determining whether the district court had abused its discretion: "(1) [plaintiff s] explanation for its failure to disclose the evidence, (2) the importance ofthe evidence, (3) the potential prejudice to [defendant] in allowing the evidence, and (4) the availability of a continuance." CQ, Inc., 565 F.3d at 280. 3 The Fifth Circuit also affirmed the district court's allowing plaintiff to seek damages of $110,419.17 because plaintiff, in addition to its dismissed expert damages computation, had timely disclosed a proper damages computation reflecting that amount. CQ, Inc., 565 F.3d at 280 n.7. Despite SK's suggestion to the contrary, see Pl.'s Mem. Opp'n Mot. Exclude 11, SK has never provided such an alternative computation to Epic. 4 11 or the calculations SK has used to determine that amount." Def.'s Mem. Supp. Mot. Exclude 5. Rule 26(a)(l)(A)(iii) and Rule 26(e) are designed to provide an opponent that computation and analysis during discovery. See A VX Corp., 252 F.R.D. at 79. The opposing party may then prepare to meet that evidence via cross examination and via evidence in its rebuttal case (such as its own expert witness). SK's failure to comply with Rule 26(a)( 1)(A)(iii) and Rule 26(e) has deprived Epic of this opportunity, and thus has prejudiced Epic. Indeed, the prejudice to Epic is manifest if SK were allowed to present at trial a damages computation never revealed to Epic before it came from the witnesses' lips at trial. SK also argues that "Epic possesses the documents underlying SK's damages claims" and therefore will not be surprised by SK's damages evidence at trial. See PI. 's Mem. Opp'n Mot. Exclude 15-16. However, SK erroneously assumes that Epic should be able to glean a computation of each category of SK's damages as to each claim from the "several million pages of documents" disclosed during discovery. Id. 4 (emphasis omitted). The court rejects this assumption and finds that Epic would be surprised and profoundly prejudiced by whatever new computation of damages SK might seek to propound and support. Second, the trial will begin on May 14, 2012. Witnesses are scheduled to come from throughout the United States and Canada. Even if SK immediately provided Epic with a new damages computation supported by documentary evidence, SK's new computation would not cure Epic's surprise and prejudice. Rather, Epic undoubtedly would want to depose whoever these witnesses are about these new computations and would want to have time for Beutel to analyze and respond to the new computations. Discovery, however, is long closed, and the May 14,2012 trial date is nigh. This court cannot cure the surprise SK's untimely disclosure would cause without cancelling the trial and rescheduling it. The case has been pending since 2007 and the trial has been set. Good cause simply does not exist to delay trial and reopen discovery. See MicroStrate~ Inc., 429 F.3d at 1357 ("[Plaintiff] could not cure the surprise without postponing trial and reopening 12 discovery."). 5 Third, SK does not adequately explain its failure, either during discovery or in the almost five months since the court issued its December 22, 2011 order excluding Lloyd and his reports, to provide Epic with a damages computation in compliance with Rule 26(a)(1 )(A)(iii) and Rule 26(e). Fourth, proving damages is admittedly important to SK' s case; therefore, the fourth Southern States factor favors SK. However, this single factor does not tilt the scale in SK's favor when it "is only one of five [factors] ... [and SK] alone is to blame for creating this situation," id., and when the evidence "is not essential to [SK's] underlying recovery." CQ. Inc., 565 F.3d at 280. Accordingly, Southern States supports excluding evidence and argument ofSK's alleged damages pursuant to Rule 37(c)(I). In opposition to this conclusion, SK emphasizes that its failure to supplement its Rule 26(a)(I)(A)(iii) disclosure was not in bad faith. See Pl.'s Mem. Opp'n Mot. Exclude 12-14. Thus, SK suggests that it is entitled to a warning and an opportunity to correct its mistake before the court applies "a severe sanction" and grants Epic's motion. rd. In support, SK cites Mutual Federal Savings & Loan Ass'n v. Richards & Associates. Inc., 872 F.2d 88 (4th Cir. 1989), and Hathcock v. Navistar International Transportation Corp., 53 F.3d 36 (4th Cir. 1995), for the proposition that the court must find that SK acted in bad faith before granting Epic's motion and that the court must give SK an opportunity to cure the Rule 26 violation. See P1.'s Mem. Opp'n Mot. Exclude 12-14. The cited cases do not help SK. Notably, in both cases, the Fourth Circuit considered whether the district courts had made the findings necessary to support default judgment sanctions under Rule 37(b). See Fed. R. Civ. P. 37(b)(2)(A)(vi); Hathcock, 53 F.3d at 40-41; Richards & 5 Had SK made such supplementation shortly after the court issued its December 22, 2011 order excluding Lloyd and his reports, or after Epic first sought to exclude SK's damages evidence on January 13,2012 [D.E. 700], this court may have been able to craft a remedy short ofexclusion. However, SK's idleness until the eve oftrial ensures that the second and third Southern States factors (Le., the ability ofEpic to cure the surprise and the extent to which a solution would disrupt the trial) support granting Epic's motion. 13 Assocs., 872 F.2d at 92-94. But Rule 37(b) and Rule 37(c)(l) require different analyses. In Southern States, the Fourth Circuit made clear that, unlike a default judgment sanction under Rule 37(b), an exclusion sanction under Rule 37(c)(l) need not be supported by a finding that the nondisclosing party acted in bad faith. S. States, 318 F.3d at 596 ("[E]xcluding evidence only when the nondisclosing party acted in bad faith would undermine the basic purpose of Rule 37(c)(l): preventing surprise and prejudice to the opposing party[;] [a]nd, requiring proof that the nondisclosing party acted in bad faith would improperly shift the burden of proof away from that party on the exclusion issue." (citation omitted)); accord Design Strategy. Inc., 469 F.3d at 296. Epic's motion to exclude rests on Rule 37(c)(I), not Rule 37(b). See Def.'s Mot. Exclude 1. Thus, Southern States, not Hathcock or Richards & Associates, controls the analysis. Moreover, granting Epic's motion is not "tantamount to a dismissal" ofSK's claims, as SK suggests. See PI.' s Mem. Opp'n Mot. Exclude 12. In addition to declaratory relief, see Compi. [D.E. 1] " 152-55, SK may still seek and recover nominal damages on all ofits claims. Specifically, at trial, SK will assert claims under North Carolina law for fraud, negligent misrepresentation, breach ofwarranty, breach of contract (under common law and statute), and unfair competition (under common law and the Unfair and Deceptive Trade Practices Act ("UDTPA")). See id." 93-104, 118-32, 140-51; Mar. 24,2011 Order [D.E. 605] 1-2. Under North Carolina law, "once a cause of action is established, [a] plaintiff is entitled to recover, as a matter oflaw, nominal damages ...." Hawkins v. Hawkins, 331 N.C. 743, 745,417 S.E.2d 447,449 (1992) (quotation and alteration omitted); see also D.G. II. LLCv. Nix, 713 S.E.2d 140, 149-50 (N.C. Ct.App. 2011)(discussinganawardofnominaldamages in a breach ofcontract action); United Leasing Corp. v. Guthrie, 192 N.C. App. 623, 634, 666 S.E.2d 504,511 (2008) (discussing an award of nominal damages on fraud, negligent misrepresentation, and UDTPA claims); Martin-Kahill Ford Lincoln Mercury. Inc. v. Skidmore, 62 N.C. App. 736,739, 303 S.E.2d 392,393-94 (1983) (discussing an award of nominal damages on a breach of warranty claim). Thus, SK will be able to present evidence (~, testimony from one ofSK's officers) that 14 Epic's alleged conduct damaged SK, but will not be allowed to provide a computation of damages. 6 Moreover, in accordance with the North Carolina patternjury instructions, the court will instruct the jury to award nominal damages (Le., SI.OO) on any claim that it finds that SK proved. In opposing Epic's motion, SK also cites two district court opinions in which courts have declined to exclude evidence under Rule 37(c)(l). See Pl.'s Mem. Opp'n Mot. Exclude 13-15. However, the cited cases are distinguishable. In Millers Capital Insurance Co. v. Big Star Tobacco Warehouse of Wilson. N.C., No. 5:00-CV-739-BO(2), 2001 WL 36105902 (E.D.N.C. Nov. 27, 2001) (unpublished), the court held that "exclusion of testimony under [Rule 37(c)(l) is] a severe sanction, appropriate only for willful and substantial abuse of the discovery process." Id. at *6. Because the court found that defendant's failure to timely disclose its expert witnesses' reports under Rule 26(a)(2)(B) had been a negligent mistake that defendant was willing and able to correct well before the yet-to-be-scheduled trial, the court denied plaintiffs motion to exclude defendant's experts from testifying. Id. However, Millers Capital predated the Fourth Circuit's decision in Southern States. In Southern States, the Fourth Circuit effectively overruled the portion of the Millers Capital court's opinion requiring a finding of"willful and substantial abuse ofthe discovery process" to invoke Rule 37(c)(l). Compare Millers Capital, 2001 WL 36105902, at *6, with S. States, 318 F.3d at 597-98. 7 The amount of such evidence that SK will be allowed to introduce at trial will be subject to the court's discretion under Federal Rule of Evidence 403 given that SK is limited to recovering nominal damages on each of its claims. 6 7 Moreover, Millers Capital is factually distinguishable. In Millers Capital, the court rested its decision in part on defendant's willingness to immediately disclose the evidence at issue, and the fact that plaintiff would receive this evidence well before trial. See Millers Capital, 2001 WL 36105902, at *5-6. Here, in contrast, SK has known that its Rule 26(a)(l)(A)(iii) disclosure was inaccurate since the court issued its order excluding Lloyd and his reports on December 22, 2011. Moreover, SK has known of Epic's alleged prejudice from SK's failure to disclose an alternative damages computation since Epic first sought to exclude evidence ofand argument on SK's damages on January 13, 2012 [D .E. 700]. Nonetheless, SK still has not provided a new damages computation to Epic, and the trial will begin on May 14, 2012. SK suggests that it is willing and able to 15 Additionally, SK relies on Carotek. Inc. v. Textron Fastening Systems. Inc., Civil Action No. 3:0S-CV-39S-MKR-DCK, 2008 WL 1777829 (W.D.N.C. Apr. 16,2008) (unpublished). See PPs Mem. Opp'n Mot. Exclude 15. In Carotek. Inc., the court applied the Southern States factors and determined that defendant's failure to disclose certain documents that plaintiff had requested during discovery did not support excluding those documents. Carotek, Inc., 2008 WL 1777829, at *3-4. The court found that plaintiff could have mitigated any surprise that it incurred by "avail[ingJ itself ofdiscovery mechanisms ... in a more timely fashion" and that defendant's failure to disclose the documents stemmed from defendant's good faith and reasonable belief that plaintiff already possessed the documents. Id. In addition, the case had yet to be scheduled for trial. Id. at *4. Unlike in Carotek. Inc., discovery here had ended when SK's Rule 26(a)(1)(A)(iii) disclosure became inadequate. Accordingly, Epic's only remedy for SK's failure to attempt to supplement its disclosure was Epic's Rule 37(c)(1) motion, which Epic made promptly. Moreover, as noted, after the court issued its order excluding Lloyd and his reports, SK could not have credibly believed that its Rule 26(a)(1 )(A)(iii) disclosure was adequate. Carotek. Inc. merely reflects the principle that the outcome ofSouthem States's prescribed balancing test is fact-specific. The facts here, unlike those in Carotek. Inc., support exclusion. Finally, nothing in this order precludes SK from presenting financial information or other evidence to undercut Epic's damages calculations. Notably, at oral argument on the motion to exclude, the parties discussed whether certain money that SK received from Microsoft was revenue or a loan. They also referenced certain costs that may arguably be deducted in calculating Epic's supplement its Rule 26(a)(I)(A)(iii) disclosure "if the Court believes that SK should somehow provide further information regarding its damages to Epic before trial ...." PI.' s Mem. Opp' n Mot. Exclude 16. SK's belated attemptto supplement its Rule 26(a)(1 )(A)(iii) disclosure, however, falls short. Unlike the Millers Capital defendant's credible statement that it would cure its Rule 26 violation in a way that would mitigate plaintiff's prejudice, SK's offer to supplement its Rule 26(a)(I)(A)(iii) disclosure would not cure the obvious prejudice to Epic. 16 damages on its copyright counterclaim. Nothing in this order prevents SK from presenting relevant evidence on damages in defending against any of Epic's counterclaims. II. In sum, in accordance with this order, the court GRANTS IN PART Epic's motion to exclude evidence of and argument on damages from SK [D.E. 721]. The court DENIES AS MOOT Epic's motion for leave to file a motion in limine [D.E. 700]. SO ORDERED. This -+- day of May 2012. 17


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- Collection
nono December 20, 2012
One of my girlfriends from way back brought another boy home so we could have a threesome, doughtful at first but boy was it fun all round, taking turns slidding our cocks in and out of her warm pussy and when she sucked us both off together, cocks rubbing together was the best cum i've ever had. it's more fun than having two chicks sharing your cock.
Klock Watcher November 13, 2013
This guy looks like an ass clown
nino February 14, 2014
who are those horny girls
milf April 16, 2013
i did 4 husband
j May 22, 2010
all in one show
Hoi June 16, 2010
This scene would have been a lot hotter if the dude got to fuck both chicks
whoopee December 26, 2010
Great writing. Oscar-worthy.
Traddy January 2, 2011
So geil, ich will auch!!!!
Bill 69 December 22, 2010
Two girls do a double cum swap after guy blows his load in the blonde's mouth. Hot nasty threesome.
someone December 16, 2010
worst hiding spot ever
alva55 December 10, 2010
Any girlfriend or wife who would give her boyfriend/husband a present like that must really love him. Lucky guy.
Alice December 11, 2010
Love to have sucked that cock, liked to have seen him lick their pussies.
Clint December 11, 2010
Wish my GF would give me a present like that
dude December 12, 2010
what's not to like? it's all good
yar January 4, 2011
Kelly Kline is awesome
minmrst January 9, 2011
hmm nice blond girl, she fucking cute when she suck big dicks
bjscholar January 20, 2011
The brunette, Kelly Kline(?), is a GENIUS in knowing how to treat a man's balls! Swear to god, she is the rare porn actress who truly understands how heavenly special that verrrrry light stroking and tickling with her fingertips feels on a set of shaved balls. If there are scenes of her giving a blowjob where she keeps that up leading up to, right through and beyond the man's orgasm, that'll be one of the all-time classics. Seriously, ladies, watch and learn!
man January 17, 2011
if i wiz dat guy i would have dump the blondie n went 4 the brunette
acupressure January 22, 2011
fight for cock!
saretta January 25, 2011
Ja acesso o site a mto tempo, e sempre encontro bons videos mais nunca vi nada igual excelente
yuckiestdrip June 20, 2010
The blonde is NOT Hannah Harper. She is older, a knock out, and is British. Not even close.
Hutch June 19, 2010
The blonde just seems annoying...The brunette on the other hand is smokin hot!! Her blowjob skills are MUCH better also...
YouGotItWrong January 15, 2011
The blonde's name is Veronika Raquel - not not Veronika Racquel - without the "c"!
rickballoonblow May 21, 2010
I wauld love u Fucking Balloons
paul ogg January 9, 2011
I wouldn`t mind doing it with those two girls on my birthday
xoxo January 12, 2011
Can i rate it with 6 stars ?
Mr. X June 19, 2010
What video is this from?
unknown June 18, 2010
vaya zorronas
DarkPrince December 3, 2010
This was very hot to watch. The girls enjoying themselves as much as they did was almost too much for me. What an amazing birthday present this would be.
toadman76 August 28, 2014
Cum swapping! Love it.
geckofd September 9, 2010
So aehnlich hatte ich es auch schon. Schade dass er sie nicht fickt. Das war bei mir damals aber auch die Bedingung. Ich durfte mich von Ihr und einer Freundin verwoehnen lassen, aber anfassen durfte ich nur meine Freundin und dann wurde die Freundin auf einen Stuhl am bett gesetzt und ich durfte meine Kleine voegeln. Schade ich haette gerne beide im Bett gehabt.
llsween October 1, 2014
Who is the brunette? She's incredibly cute!!
Sam September 17, 2010
best cock sucking scene I ever saw. The brunette has perfect tits. I'll be right back to fin this comment. Both girls have nice cunts; should have shown them more. him eating them would have added to the watching pleasure.
dan2309 September 6, 2010
i loved the brunette, fucking spoking hot and sexy feet, i would love for this to happen to me on ym birthday
me June 2, 2010
estan buenas de verdaddddddd!!!!!!!
dave2 September 4, 2010
This is a great video. I would have liked to see the women pleasure themselves more too but afterall it is his birthday. What a fantasy!
hornee July 15, 2014
what a b'day present waiting for my wife to give me a present like this Fucking Hot !!
jhonny July 20, 2014
girl brown hair great cocksucker
sucker September 24, 2010
One great show. Where does one sign up to get a wife that will give you this for your birthday?
Carl October 9, 2010
My wife and her friend got naked first and then stripped me for showering on my birthday for some oral fun--no intercourse, as my wife told her friend that if she got so hot that she mounts me she would get a good spanking....the two licked, teased and sucked me, including my balls as nipples rubbed my chest and butt. I probed both assholes with my tongue which drove them nuts...her pal did mount me to slide her shaved pussy back and forth until cumming several times....I also tweaked nipples which they loved as they sucked me to orgasm several times....a great b-day!
Ivanhoe November 18, 2010
My girlfriend is 15 years youger than me, 5 foot 9 and loves to share, got her busty mate round for my birthday we all had an amazing time, shame her mate lives so far away as we all want to do it again.
MadmanAndMystic November 13, 2010
For my birthday my girlfriend surprised me with tickets to Harry Potter... I think I'm going to dump my girlfriend after watching this...
steelersboy November 20, 2010
@Ivanhoe...you're my hero
Bushwaka January 27, 2011
Well, that's better than any scalextric and the brunette was hairy.................
Connaisseur December 6, 2010
Really good vid: altough the actor are porn pros they act just like teen would - a bit embaressed, a bit shy. look at the way they kiss each others: just like they tried kissing another girl for the frst time - gets my dick rock hard - and when they share the cum in the end .. makes me cum almost every time ...
x June 11, 2010
The blonde is Hannah Harper
helmet November 12, 2010
the blonde should have let her girl friend give up the pussy.....been there done that..it was AWESOME
Pick One... October 10, 2010
Totally the brunette over the blonde! :)
mario vargas llosa October 19, 2010
ya kisiera esas zorritAA PARA MI CUMPLEE,,,,
Hoi June 9, 2010
It would have been hotter if the dude got to fuck both of them as well
InBiTween November 9, 2010
Absolutely one of the best videos! I always cum back to this one when I need to jerk off. So hot watching them share his cock between their lips. I wish that was my birthday gift.
hellyeah : ) December 7, 2010
i had a birthday like that last year! :D was so fucking t best birthday ever!
lady gaga January 29, 2011
sali naman sa inyo ok lang ba
PlayBoyX July 31, 2011
she is hot
ass lover July 27, 2011
uhhhha i love ass like the man's ass there in the video
clitoman August 10, 2011
fuck you mother
BRUCE May 26, 2010
yes, i have actually had a 4 some with one of these girls...
Josh August 15, 2011
I wish I had 2 girls who would give me a blowjob for my birthday! :D
king dick July 26, 2011
That shit was sexy and I have done something similar to that
I like it July 25, 2011
Wow this is some good shit
mills July 22, 2011
Hell yea fake ass shit
Enoch July 20, 2011
My gf's mate hadn't had a fuck for three months and could she join us in bed, what's a guy to say when her mate is fit as hell? What a night, two tight pussies and one hard cock to suck and fuck .Had several return visits but never matched that first time.
69me July 24, 2011
She could give me a massage any day
dang July 24, 2011
Pussy July 24, 2011
I think my dick got so hard I took a big stuffed animal and fucked it while watching this video felt amazing haha
LP July 11, 2010
von denen zwei würde ich mir auch gerne mal den Schwanz lutschen lassen!
Daviea99 July 11, 2010
Great video and now my wife knows what to get me for my birthday. Roll on September. I agree that the girls would have looked better with hairy pussies and to have pleasured themselves a bit - but what the hell, this is a sexy video that it is a pleasure to wank off to.
footman September 4, 2011
i wish my wife woulddo that for me me for my bday
Lfgggjggukp September 4, 2011
Omg I to hve sex so bad I want JOHNNH SINS AND SCOTT NAILS
the ape man September 9, 2011
what a shitty b day. no stranger fucky? sux 2 b him.
j September 11, 2011
nice fuke
jim September 16, 2011
love the premise of this one and both gals were hot enough to want either one of them, but to have both give him a bj... that's a real man's dream lol only thing would have made this better is he got to fuck both
ohh yesss! August 26, 2011
Its movies like this that turn a brotha onnn!
Biig cock August 23, 2011
Mee you sexy bitch
Jared August 19, 2011
Alicia You and a friend can do it to my cock
madman August 19, 2011
Fucking hell, I usually settle for a cake and candles. I might just chance showing my wife this, you know, throwing the hint out for my upcoming birthday. 'Yeah, love, just bring one of your nice mates around and surprise me, something like this.' I might just make the front door before the tea pot flies past my head!!!!
EUNIT August 20, 2011
I would love love LOOOVE to do this for my man! That is so fucking hot!!! Only problem is, I need to find a woman who would be willing to fool around with us!
elot August 21, 2011
yo are so fucker
Huh August 23, 2011
Wow I came so bad to this
anon May 20, 2010
anyone know who these girls are?
yup July 3, 2011
I thought the blonde did a great job!
!! March 25, 2011
18:58 nice boobbounce :))
ghostwhiskey May 24, 2010
soooooo sexy!!!
lol March 30, 2011
every last drop... whoops, im sorry
Tweeter June 28, 2010
This video is quite well done in spots. The plot is good, and both the females seem quite genuine, relaxed and comfortable. They both have beautiful young bodies; but I would have preferred them to have their vulvas in their natural states rather than shaved. Kelly is gorgeous, and so is her friend, but she needs to identify herself. It is very erotic when Kelly rubs her breasts on his mouth and appears on all fours with her open vagina appearing from the rear. Finally, there was too much emphasis on his pleasure, and not nearly enough on the female's. They needed to have their clitorides stroked instead of just pleasuring him.
GermanBallz April 4, 2011
Yeah my first yp video. Love tha girls
Mr. Big Time March 18, 2011
This is probably my favorite video on this site. Are there any more clips of these two girls? I especially like the friend, she is banging!
tom125 March 12, 2011
These two beautiful women there to please him and he jesks himself off the last 90seconds. WTF.
awful February 20, 2011
wha kinda birthday present be dis ? no fucking , just sucking ...shiiiii, she could've least got on top of the rocket for blast off
malediction February 12, 2011
sindaco e vicesindaco
anon June 23, 2010
I think the blonde is called Veronika - she's done a few scenes with this same guy
Marco Gant February 21, 2011
Regalare qualcun altro e' davvero un bel pensiero
c February 22, 2011
i want to fuck with this two girls so bad... oh, god...
Extreme Porn Fan April 6, 2011
The brunette really knows how to rub balls and has way better blowjob skills than the blonde. It would have been nice if the guy plastered both of their faces instead of shooting out a couple of drops.
edward April 12, 2011
looking at my those girls suck dat dick makes me hard
muz July 5, 2010
Love the snow ball
Jack June 13, 2011
I wish I had a birthday present like that !!
palos666 May 25, 2010
someday i will fuck the brunette love to fuck harder wet pussy
BIG bob June 29, 2011
i wish i had a birthday present like that!!!! lucky bastard
Fox May 20, 2010
who is that brunette?
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PC - Windows
Free items for RuneScape 2Home / PC - Windows /
This page contains RuneScape 2 Hints for PC - Windows called "Free items" and has been posted or updated on Oct 1, 2006 by stan. Let us know what you think of this Hint by thumbs voting.
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- Release Date: Not Set
- ESRB: Not Set
Free items
When you do the tutorial at the beginning, keep talking to the people that give you things. For example, with the baker that gives you water and flour, bake the bread then talk to him again. He should give you more supplies.
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text:
Great sex does more than blow your mind—it's good for your heart, your head and your beauty.
Red lips are having a serious moment right now, and anyone who's a red lipstick devotee (as I decidedly am) will understand why. To paraphrase Gwyneth Paltrow, a kick-ass red lipstick gives you a confidence boost like nothing else.
And science shows that red lips also get you noticed: A study at the University of Manchester found that men stared longer at women who wore red lipstick (7.3 seconds) than they did at women who wore pink lipstick (6.7 seconds). Bare lips clocked the least attention, at 2.2 seconds.
The thing that makes today's reds different, in my humble option, is the texture. Rich, opaque and matte with a capital 'M.' Think Miley Cyrus or Rihanna or Dita von Teese—color that's rich, saturated and decidedly not for makeup-phobes.
"I just started wearing matte red and I love it so much more than shine," says New York City fashion stylist Adriana Pellegrini. "It refines any look and it gives me that little extra boost of confidence. It makes me feel like I'm in a technicolor film!"
Makeup pros concur: "Red lips are always a staple, and right now the most modern way to wear red is to keep the texture matte," says New York City makeup artist Josephine Keo.
Now, the trick when you're doing a lip this intense is to keep the rest of your makeup balanced. Picture Miley, Rihanna or Dita—compared to their lipstick, the rest of their makeup is fairly understated.
"You're making a statement with the matte red lips, so it's best to keep the rest of your face super clean," says Keo. "The less eyeshadow and blush, the better. Accentuate your eyes with two or three coats of mascara, and if you have light-to-medium skin, apply a bit of bronzer brushed along your temples and cheeks. If you have dark skin, use a little highlighter at your cheekbones."
As far as choosing the right shade of red for your skintone, I know we've all heard the "cool reds look better on blah blah blah" and "warm reds look better on blah blah blah." Of course there's merit to that advice, but personally I think it's all about the look you want to rock. And it can be kind of fun to switch up tones from a cool vixen-y red to a cheerful coral-red, depending on how you're feeling.
If you're new to reds, though, and you'd feel better with a little professional advice, Keo offers these tips: "Fair or light skintones looks great with the bright hues of red, especially colors that have hints of orange to them. Bronze and medium skintones can play with the entire red spectrum, but their ideal picks would be true reds that have a tiny bit of pink mixed in—think cherries! Olive and dark skintones look amazing in dark reds, like burgundy or wine colors."
Red-y to go matte? Check out some fabulous reds below.
QUIZ: Find Your Best Lipstick Color
NARS Velvet Matte Lip Pencil in Cruella, $25
Best for: "But-I-hate-how-lipstick-feels" types
Quite a few beauty industry insiders I know worship at the altar of NARS, so I was psyched to try one of their cult-favorite matte pencils. It didn't disappoint. A snap to apply, amazing color payoff and a beautiful matte finish. What most impressed me, though, was how this felt on my lips—which is to say like nothing. If you're someone who gets bugged out about the feel of lipstick, give this a shot. Once it's on, you won't even know it's there. One word of caution: It can transfer a bit, so follow George Bluth Sr.'s mantra from Arrested Development: No touching! Otherwise you might inadvertently brush your fingers against your lips, push your bangs out of your eyes, and end up with a streak of Cruella on your forehead. (Not that I did that.)
Josie Maran Magic Marker Lip & Cheek Stain in Flamenco, $19
Best for: Anyone who needs Energizer Bunny-level lasting color
A friend from Brazil originally told me about this shade, and if I may culturally stereotype for a moment, Brazilians know sexy. Once I colored in my lips with this Sharpie-esque marker, I was instantly hooked. The shade is a gorgeously vibrant Flamenco-dancer red and it LASTS. (All caps entirely warranted.) Stains are touted to survive through hell and high water, and I can report that this withstood a fairly greasy pepperoni pizza and two glasses of wine and was STILL going strong the next morning. One tiny caveat: If your lips are on the dry side, you may want to top this with a gloss. Just as pretty, and the staying power isn't diminished one bit.
Bite Beauty Cashmere Lip Cream in Rioja, $28
Best for: Anyone who wants to go matte but is paranoid about dryness
Calling your product Cashmere Lip Cream is setting the bar pretty high, and I'm pleased to report this lived up to its name. It has a distinctly cashmere-like feel on your lips (i.e. super-soft and luxurious) and a vaguely fruity scent that reminded me of the Strawberry Shortcake toys I had as a kid. Somehow it manages to be matte yet moisturizing at the same time, so if you're worried a traditional matte lipstick will leave your lips feeling dry, check this out. You do need to take your time and apply carefully (I had the best results when I traced the edges of my lips and then filled in the middle), and make sure to blot afterward. I didn't blot the first time and ended up with some color on my teeth, but on my second test-run (post-blotting), everything stayed right where it should.
Lipstick Queen Velvet Rope in Brat Pack, $50
Best for: Lipstick purists (and Technicolor dreamers)
Know that line in Breakfast at Tiffany's when Holly Golightly gets her breakup letter and says, "A girl can't read that sort of thing without her lipstick on"? This is the kind of lipstick she was talking about. A deep, vampy, cool red that just screams confidence. It has a lovely matte finish that doesn't feel the least bit drying and a tiny hint of peppermint (nothing too overpowering). And the tube… seriously, we need to take a second and just talk about the fancy gold tube. It's over-the-top in the best possible way—like something an old-school screen siren would whip out of her bag at an awards ceremony. Like any lipstick, it's not going to last indefinitely; you'll need to re-apply after eating. But with a case this pretty, who minds?
Laura Mercier Rouge Nouveau Weightless Lip Color in Sexy, $24
Best for: Weekend wear (and anyone who needs to baby-step into matte red)
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Thanks to her work in Precious, a shitfaced Mariah Carey accepted her award for Breakthrough Artist at the 2010 Palm Springs International Film Awards last night where she admitted to being drunk, went on a tangent about Helen Mirren and then surprised the entire audience by not pissing on Lee Daniels' foot. Which would've been hilarious just to see Nick Cannon scramble onstage to mop it up. "You fuckin' clean that shit up, Benson. And you like it." "Yes'm!"
Mariah Carey doesn't know what the f-ck
Bitch is getting fat and Nick Cannon is gayer than ever!
That's not drunk…That's TRASHED.
"Like I've been goin off on you all this time for no reason.
Girl you out ya alcholic mind. Check ya wine cellar. Look at all the amounts of wine." – Eminem said it best!
She's makin' Queen Latifah look svelte!
Wow. That benson remark was racist. NOT cool.
Big fat Juicy Bitch
I will say it again, she should be a Kardashain.
Her self worth is way out of whack with reality. And she is not that attractive either.
Mooooooooo Carey!
I hope the oscar people weren't watching this.
oh let her have her fun. at least she is one celeb who stays out of politics and minds her own business.
i hope the oscar people WERE watching this. and i'd hit it.
Maybe there isn't enough oxygen getting to her head since her girdle is working overtime??
Maybe there isn't enough oxygen getting to her head since her girdle is working overtime??
Bitch is FAT . Lay off the pizza and Twinkies
she is a hot mess.
can't handle her fade.
So she's drunk at an award show.
So fucking what?
She's almost 40, one of the most successful recording artists of all time, and as rich as Jesus. Let her drink all day long if she fucking wants. What else is she supposed to be doing? Out saving the world? Sitting in a cubicle for 20 bucks an hour, commenting on celeb websites, like some of these useless fucks?
Give me a break.
And she could stand to lose a few pounds, but some of you morons make it sound like she's morbidly obese. She's not any bigger than Anna Nicole was before she blew up(when everyone was kissing her ass and calling her the next Marilyn). And she's definately no bigger than that cornfed hick bitch Jessica Simpson. Just about a foot taller.
She looks like an average woman you would see everyday.
In my world.
On Planet Earth.
In America.
But I forget sometimes that most of the people that post here are so insanely and perfectly flawless, that that can't stand to leave the house.
I hope for the sake of society that some of you are unable to procreate. I'd rather not live in a world where Mila Jovawhatthefuckever's boyish body is considered the standard of female perfection, and Mariah's (albeit a little hefty) body is considered obese.
Just sayin'.
well said krys.
well said krys. if shes fat and ugly i want seconds.
18 krys — you are awesome, i agree.
i think this actually gave mariah some points in my book. i think that was hysterical. after all her shitty roles, she finally wins an award for a good role in a good movie…. and she was wasted while accepting the award.
Mariah Carey showed-up drunk last night at the Palm Springs International Film Festival awards Gala where she was honored for "Precious".
Paula Abdul is a lightweight
If I had her money I'd get drunk and wouldn't give a shit either.
YOU GO #18!!!! (and don't come back)
The fact is, she doesn't deserve this award just because she was willing to be videoed while saying lines dressed down. For her to be shitfaced on such a special occasion was a middle finger to the people that gave her the award. I don't care how rich a person is, money doesn't buy respect. I agree she is beautiful and talented and curvy and luscious is so fucking in right now, skinny and muscular is soooooo 2009. I'll be glad when all you wankers get that and quit jacking off to skeletons and she-hulks.
17 speaks the truth.
Grazie mille! Questo articolo, me lo faccia sapere un sacco di cose che prima non ho capito!
Anyway, I'm sure she doesn't give a fuck about the award she won. Did you see that award show?
Me neither.
I'm sure that award is in a drawer somewhere under the shelf sitting under the self that houses all her Grammy's.
Plus, she probably didn't expect to win shit.
I mean, this is the bitch that starred in Glitter.
Opps, I meant @26 not 28. =\
Mariah Carey, looks so gorgeous, Thanks for the video. She is really beautiful.
That Benson remark was fucking awesome! Funny shit right there!!!!
shes looking quite milfalicious
"Palm Springs International Film Festival Awards"
An event with as much global acclaim as that fuckin' ground hog who pokes his head up (or not, as the case may be) every year.
Narcissistic whore.
the voice of Mariah Carey is always let me feel calm,i like her music.
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It's very difficult for me to say this, but… Mariah actually does know something… *bracing myself for horrified gasps*. Her role was originally offered to Helen so the mention of this woman was not ENTIRELY random.
But then again, this is Mariah. Perhaps she just ran into her and thought it was dumb coincidence, like when she looks in the mirror and thinks she has a twin who happens to mimic her every move.
Who invited that hog??
I can't believe I'm about to do this…but give her a break…I normally dislike this woman and she's totally endeared herself to me. She wasn't anywhere near trashed. She was certainly merry however. She came across as more real than she ever has done before. Frankly, she should stay on the champagne.
Do you guys remember how hot she used to be back in the 90s when she used to be skinny? To quote the words of the late Michael Jackson, I used to just beat it to her "honey" music video.
Aw yesh!
yes yes yes yes yes yes yesss!!!
i was never a fan until this. why didn't she get drunk in public earlier?
i'm buying every album she ever even looked at. shes the best!
wow , what is that
Incredible to see her on this track. Would have thought better early on in her career.
Simply put: a fat, smelly, overly selfimportant DOUCHEBAG with a blood alcohol level higher than her IQ
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Give me a break.
And she could stand to lose a few pounds, but some of you morons make it sound like she's morbidly obese. She's not any bigger than Anna Nicole was before she blew up(when everyone was kissing her ass and calling her the next Marilyn). And she's definately no bigger than that cornfed hick bitch Jessica Simpson. Just about a foot taller.
She looks like an average woman you would see everyday.


text:
Wednesday, October 31, 2012
Enough already.
I feel like there's been an increasingly acrimonious discourse lately on traditional vs. self-publishing, and frankly, I'm tired of it. I'm seeing it at conferences, online, and everywhere in between. Both camps are equally guilty here, in terms of snide comments and blatant put-downs. Those who are under contract with traditional publishing houses sniff at the fact that self-published authors skipped over hurdles to publish what they suspect (but rarely say publicly) must be drivel, or what one writer friend of mine referred to as a "tsunami of swill."
In the other camp, the self-published authors extol the fantastic revenue returns they're receiving, a far greater percentage than what they would have gotten from a standard publishing contract. They make lots of references to an archaic business model, implying that anyone who still partakes in it is a fool.
Enough already.
I don't really care how someone is published, or how many books they sell, or how much money they're making. But the overall nastiness that's becoming commonplace is off-putting. The prevailing attitude used to be, "we're all in this together" among writers, whereas now there's a schism. And that's a shame, because both models have their merits.
To those (like me) who are still publishing with the major houses: I've read wonderful novels in the past few years that failed to find a home. Sometimes the reason for that was clear--the book was aimed at a very niche market, one where publishers couldn't envision making a profit. Other times, I was at a loss to know why a particular book didn't sell. One was an amazing YA novel written by a friend of mine, who ended up self-pubbing on Wattpad. After reaching an extraordinary amount of downloads, she moved it to Amazon and started charging for it. And it's doing well- IMHO, the publishers lost out on this one.
To self-published authors: The traditional houses aren't going anywhere. People frequently point to the music industry, which is a fantastic example. What they fail to take into account is that musicians still aren't, by and large, self-producing music. Eighty-five percent of the music sold worldwide is still produced by the same music companies that were producing it a decade ago. Many of those companies have merged and/or consolidated, sure. But they're still around, for the same reason that the big 6 will still be around in a decade. Like it or not (and I'm not, personally, a huge fan of this, but so be it), most of the houses are part of much larger conglomerates. And News Corp and CBS aren't going anywhere; they're also unlikely to shed an industry that still feeds into their film and TV franchises. So, no, people who still follow the old model aren't going to be shoved out, by and large. The midlist might diminish further, but books will continue to be released by those companies well into the future.
There are pros and cons to each model. Self-published authors don't have the benefit and protection of a contract, so if Amazon decides tomorrow to change those royalty rates, they're well within their rights to do so. It's also far more difficult to secure foreign and film/tv rights when you self-pub, and that tends to be the bread and butter of traditional authors.
Traditional authors, meanwhile, do lose out on some royalties that they could potentially be getting. They also have to wait months, and occasionally years, for a book to finally appear on shelves. And advances are not what they once were.
But there's no right way and no wrong way. Write your book. Publish your book, however you prefer. But please, stop with the mud slinging. At the end of the day, we're all still pursuing the same dream.
23 comments:
When I first started studying the self-pub world, I noticed a lot of the acrimony outside the walls of the Forbidden City of traditional publishing. Part of this was the raw chant of freedom, like all those guys in kilts in Braveheart. They felt liberated from a system that had constantly told them no....or don't let the door hit you on the way out. Many of them had felt the sting of an industry built on profit, and when the profit wasn't there neither was another contract.ReplyDelete
Maybe a little letting off of steam was to be expected, but many made it personal. It really isn't. Most of the editors inside the walls wish it weren't so profit driven, either. But reality is what it is.
I am in both worlds, so I made it my aim to write objectively about the entire scene for the benefit of the people I care about most--writers.
Some traditional writers got caught up in the early brawls, and there was a bit of taunting from the battlements of the Forbidden City. A little of the "We are the REAL writers" sort of thing. That's understandable, too. They've spent a long time, sometimes many years, to get there, and now readers are turning to these outlaws in the forest? Who are making actual money?
Then there are those writers who are being businesslike about the whole thing, making informed judgments, and just getting on with their work. That's the place to be.
- AnonymousNovember 1, 2012 at 2:47 AM
Thank you for your call for civility.ReplyDelete
And then there are the small press writers, who had to go through a vetting process to get their books accepted similar to the Big Six. They get more personalized attention, editing, professional covers, etc. but mostly the books in print are POD. It's hard to distinguish these from self-pubbed titles, especially at conventions like the one I just attended. Having come from a traditional route, I feel the difference compared to authors whose books are easily available to booksellers because they are with a traditional publisher. I have to sell mine on consignment to go through a dealer and that can be a losing proposition.ReplyDelete
From Kris Montee who is having trouble posting from Paris:ReplyDelete
AMEN SISTER, AMEN! I, do, have noticed a sort of nastiness creeping into the dialog about ebook publishing. I think it has arisen from the initial defensiveness that characterized both "sides" when the business model was just getting started. I remember sitting in the audience at the Edgar Symposium right after Barry Eisler signed with Thomas & Mercer. An editor on a panel attacked him personally, which I thought was unfair since Barry wasn't there to defend himself. I have heard other agents and editors do the same about other writers. I kind of understand this, since e-publishing represents a threat to the traditional methods and no one is quite sure how things will shake out. What I don't get, however, is traditionally published writers who attack fellow writers for "going over to the dark side." Also, it bugs me that e-pubbed writers still talk about some secret NYC cabal trying to keep them from reaching the audiences and money that they believe would flow to them if only...
As James said, I am in both worlds. I don't see eBooks as a threat; they may save the business in the long run and they will certainly save backlists and midlist authors that publishers have abandoned in their relentless rush for bestsellers.
I think book publishing is going to evolve into a hybrid business where authors have opportunities in BOTH worlds. It will give authors more flexibility and publishers less -- unless the latter changes its attitudes. But as you said, there is no reason to make this a civil war. We should applaud any fellow author's success -- regardless of the delivery vehicle.
Thank you so much for this, Michelle. We should all take pleasure each time one of us is published, whether in traditional form or otherwise. Self-publishing is not a substitute for the traditional route; it's another avenue of opportunity. Very classy post. A keeper.ReplyDelete
Interesting post. As a "newbie" working on my first MS I read and follow all the discussions, and yes,their tones, with interest. Finding my way through this maze feels daunting at times. I will look forward to the comments here to learn even more.ReplyDelete
I'm afraid I'm one who extols the self-pub path. I'm going to stop doing that. Thanks for the post.ReplyDelete
Michelle, Well-said, and high time. It shouldn't be "us vs. them," because ultimately all authors are in the same boat. As for the quality of the work, the reading--and buying--public will make the ultimate choice. Thanks for this post.ReplyDelete
As someone who's self-published but has friends who are traditionally published: thank you for this!ReplyDelete
Here, here! Negative energy benefits no one.ReplyDelete
But I have to disagree with your comparison to the music industry. If I want to self-pub a book, I can use the free library computer and cloud storage to create a book at no cost to me. If a musician wants to create an album, it costs a bundle. They either need a high-quality recording studio and friends who also play, or they need a top-of-the-line computer system that can synthesize the necessary instruments to create something that sounds good enough to entice their audience to pay.
Publishers are forcing authors to do more and more of the things that publishers used to do, such as editing and publicity. They're actually teaching their authors to make do without them. It would be the equivalent of the music industry telling their performers to go rent their own studios and find their own post-recording editing resources. Studios haven't gone down that road. They still provide a needed service to their performers.
I think if publishers don't change their attitude toward authors, they may find that they've pushed away the very people they rely on to stay in business. That's where the real danger lies, in my opinion.
I just returned from the NINC conference, which was focused on the business side of things. There were some big industry professionals there, and with only one exception, everyone seemed willing to recognize that we are free to choose our own paths. When I first started writing, it was "e" vs "print." E-books were brand new (pre-Kindle) and people wanted me to let them know when I wrote a "real" book, even though it was published by a legitimate publisher. Now, they're more likely to ask "can I get it for my Kindle/Nook?" Back then, I fought the "either-or" mentality, and now it's the same for indie vs traditional.ReplyDelete
Terry's Place
Michelle, very nice to see this--I couldn't agree more. What gets lost in all sturm und drang is the writing, which, bottom line, is what will make or break any author.ReplyDelete
I addressed the same issue in a 4,500-word trio of posts on my own blog a couple of months ago (the article was largely directed at pros-and-cons comparison and evaluation to help writers see through the fog), and am similarly disgusted by the acrimony. I also believe that both sides are biased and disingenuous, and not disclosing all the facts.
Good post.
Yay Michelle! If I have to hear one more diatribe about the "greedy" establishment (especially agents), I may do something extreme, like write a very strident letter to the editor about it!ReplyDelete
However, revolutions are seldom tidy and this one has more rotten word tomatoes than most.
And you nailed it. A few taunts thrown down by trad authors/agents/editors sends the goths storming the walls into a fury. Neither side has clean hands.
Personally, one thing I love about it is the rebirth of the anthology and novella - a market that had nearly gone extinct.
I don't know if this one is going to die down any time soon as Amazon and News Corp build to a face off. However, even when the T-Rexes were fighting, the little scavengers and mammals were scurrying around doing just fine.
Great post! Terri
Well, there's nothing like a little conflict to get the juices flowing. Maybe it's the "political" season rubbing off on everybody. Now we can all go back into our dark corner and spend the winter writing cool stories. Eh?ReplyDelete
I can say I may never know the wonders of traditional publishing as I've only begun my journey in a culture saturated with the digital age technology. But I will still try the traditional at some point. There's no reason to give up on it. But for now, I wouldn't know a preferred method of publishing. I can only imagine the struggles.ReplyDelete
I've read about the journeys of many of my favorite authors, including Stephen King, and I can't imagine how I might deal with rejection after rejection.
I did self-publish a short story on Amazon which sold about 14 copies. However, when I did a promotion on free copies, my story was downloaded 48 more times in 5 days.
That's 62 pair of eyes that hopefully read it. I'm not looking to get rich, but it is nice to know that someone somewhere read your work!
I think both ways probably have their benefits, too. I would love one day to have a book I wrote sitting in the local library with a publisher's name printed on it.
I also just recently attended the Florida Writer's Conference in Lake Mary in October and there were a few sessions dedicated to self-publishing, including a panel discussion by members who were publishers, agents, and authors. I enjoyed it. There was a little friendly banter back and forth, but now I'm wondering how much of the banter hits home personally and they don't even realize it.
I stay out of those types of things and I'll tend to agree with you, Michelle. Enough is enough.
Love this, Michelle. When I think of fellow authors, I don't think in terms of how they are published, but rather that they share the same passion to write as I do. We are cut from the same creative & kindred cloth. We should celebrate that.ReplyDelete
Congrats, Diane! And thanks, everyone.ReplyDelete
Nicely said.ReplyDelete
I kind of like to imagine it all in a sort of Tolkeinish Mordor scene. In this case though, Sauron and the Orcs (Big 5)are all really rather nice people with families and dreams who are merely misunderstood by those outside the city walls.ReplyDelete
The Hobbits (indies) are mostly decent folk with big ideas and grand dreams who've never been outside the shire to the big city and are somewhat resentful that the big guys are so big and have so much seeming wealth for what seems like so little work on the backs of the little guys. Not to mention that the tall people have so little hair on their much smaller feet and no one laughs at them when they try to reach the top shelf at the grocery.
Its sort of an Occupy Middle Earth mentality for some of the Hobbits. And at the same time a hold the citadel, defend the old ways from the heathen outsiders for the Mordorians. But it needn't be.
With all their trodding underfoot tactics and scuttling about trying to toss rings of power into fiery volcanoes the Hobbit writers are missing the point that traditional publishing has its place, and a very useful place it is.
Likewise with their deafening roars and mockery and the tossing from the city walls of burning balls of pitch and sulfur onto the masses below simply extends the misery of the populace within besieged Mordor, which can only end with Orcs eating Orcs, which is a rather nasty way to go for both the eater and the eatee (Orc flesh tastes rather like rancid over cooked mule meat with vomit sauce...but not as good).
If both sides were to just chill and see the mutual need for one another I think the industry would even out, customers would enjoy the best of both worlds, and everyone would be fairly happy, with the exception of those truly miserable sorts on both sides who are only happy when no one else is happy and therefore are only fighting for the sake of being idiots who like fighting.
Therefore I say: One Ring To Rule Them All, now available in paperback, hardback, eBook, audiobook, podcast, serialized emailbook, and story told 'round the campfire to the huddled masses of quivering due to sugary s'mores overloaded boy scouts on a rainy night in the mountains formats.
So there.
I am Basil Sands, and I approve this message.
We can all live together and tell stories and live happily
Brilliant, Basil, as always. Does this mean I get to be an elf?ReplyDelete
Aw gee Michelle, you're the Faerie Princess in my book... blushesReplyDelete
I am always wary of zealots, no matter what they are shouting about.ReplyDelete
Thanks for the call for a truce.


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Admission Costs and Entry Information
Home to the largest single collection of free flying birds in Australia (some 500 of them!), Birdworld Kuranda displays no less than 60 species of the most spectacular birds from all corners of the planet - as well as from the earth's fast diminishing rainforests. Visitors are free to wander through the lush, tropically landscaped aviary to observe the birds in their own specific - yet natural - habitats. Two lakes connected by a tumbling waterfall for example are home to waterbirds such as stilts, herons and Australia's own unique Black Swan.... more
In the rainforest canopy overhead, blue, gold and scarlet Macaws dazzle with colourful brilliance as they soar above the treetops. One outstanding Birdworld denizen not to be missed is that rare avian giant, the Cassowary - now officially enlisted as endangered. Designed to 'create a centre where birds would be showcased in their natural environment without the barriers of cages coming between them and their admiring public', Birdworld is a photographers paradise. (And without those barriers, visitors often find a feathered friend nestling on their shoulder - a golden photo opportunity!)
Birdworld can provide guided tours for all group bookings.... less
|Valid From
|18 Apr 14 - 17 Apr 15
(Aged 4-15)
|18 Apr 14 - 18 Apr 15
|18 Apr 14 - 18 Apr 15
* Please note: These rates are indicative based on the minimum and maximum available costs of listed products and services. To obtain a firm price from the provider, please use the contact the operator . All prices are quoted in Australian dollars.


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Posted By mark14 on 24 Feb 2010 06:04 PM I dont know what i am doing wrong but the deer keep on spotting my blind and they come out in a different place and their making me mad. I dont know how else to hide it a little more. I even put dead branches over it to make it blend in. I need some help, do any of you know what to do.
Posted By ks_hunter on 19 Mar 2010 10:35 AM Evergreens work great they will stay green for a while after cutting i just push in the cutting around my ground blinds so it looks like there growing there and a added bounes most evergreens have a strong smell that will help mask your sent.
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Book your room at La Quinta Inn & Suites Coral Springs/University Dr S
Standard Room, 2 Double BedsMax Occupancy: 4 guests (up to 3 children)
Standard Room, 1 King BedMax Occupancy: 3 guests (up to 2 children)
Coral Springs hotel with an outdoor pool
Situated in the business district, this hotel is close to Plaster Carousel, Coral Springs Museum of Art, and Stage Door Theater. Local attractions also include Coral Square Mall and Saveology IcePlex.
Hotel Features
In addition to complimentary wireless Internet access, La Quinta Inn & Suites Coral Springs/University Dr S provides complimentary high-speed (wired) Internet access, free self parking, and a 24-hour front desk.
Room Amenities
Guestrooms have complimentary wireless Internet access, refrigerators, and air conditioning; rooms also include climate control and coffee/tea makers.Information missing or incorrect? Tell us!
La Quinta Inn & Suites Coral Springs/University Dr S3100 N University Dr Coral Springs FL 33065
Hotel Amenities
A complimentary breakfast is offered. High-speed wired and wireless Internet access is complimentary. This Coral Springs hotel also offers an outdoor pool, complimentary newspapers in the lobby, and express check-out. Complimentary self parking is available on site.
- Outdoor pool
- Complimentary newspapers in lobby
- Use of nearby fitness center (complimentary)
- 24-hour front desk
- Express check-out
- Total number of rooms - 101
- Safe-deposit box at front desk
- Number of floors - 4
- Elevator/lift
- Free self parking
- Free breakfast
- Free Wi-Fi
- Free wired high-speed Internet
Family Friendly Amenities
- Outdoor pool
- Free Wi-Fi
- Rollaway/extra beds available
- Refrigerator
Available in all rooms: Free Wi-Fi
Available in some public areas: Free Wi-Fi , Free wired high-speed Internet
Room Amenities
- Air conditioning
- Climate control
- Coffee/tea maker
- Daily housekeeping
- Complimentary toiletries
- Hair dryer
- Iron/ironing board
- Desk
- Rollaway/extra beds available
- Cribs/infant beds available
- Refrigerator
- Free Wi-Fi
Where to Eat
Guests are offered a complimentary continental breakfast.
Nearby Things to Do
The recreational activities listed below are available either on site or nearby; fees may apply.
- Golfing nearby
To make requests for specific accessibility needs, complete the "Special or Accessibility Requests" section of "Trip Preferences" when you book your hotel.
- Accessible bathroom
- Accessible parking
Hotel Policies
Check-in time starts at 3 PM
Check-out time is noon
Payment types
Pets allowed
You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.


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With Rachel Berry off to NYDA in New York and Finn in the army, don't be surprised when she finds a new love interest in the Big Apple (keep clicking to see his pic!)Lea Michele
All major characters have been confirmed to come back . . . including Mercedes! Will we see her life in LA as she tries to make it big?Amber Riley
Last season, Chord was first nixed from the cast and then by popular demand brought back. You can breathe easy, Chord is confirmed to play Sam all season long this year!Chord Overstreet
So, is Kurt going to get out of Lima and finally join Rachel in New York? Yes--just not right away! But when he gets there, Sarah Jessica Parker is slated to play his mentor!Chris Colfer
We can't wait to see if Chang pursues his dreams of dancing--and if his romance with Tina survives post-high school! She'll be very busy taking center stage in New Directions too.Harry Shum, Jr.
Didn't Kevin do a great job hosting the Teen Choice Awards? We hope he gets more leading man opportunities this season on Glee too!Kevin McHale
With new students heading to McKinley High this year, one thing is clear--Mr. Schuester has lots of new lessons to teach--and learn himself!Matthew Morrison
New to season four, Jacob plays Puck's half, younger brother Jake Puckerman! We're told he's a bad boy that wants to sing--sounds like the apple didn't fall far from the tree!Jacob Artist
And this is who will playing a potential new love interest for Rachel once she gets settled in New York! Like?Dean Geyer