text:
MEMORANDUM and ORDER
REAGAN, District Judge.
Gerald Broadwater, a white male born on August 4, 1947, worked for Heidtman Steel Products, Inc. from July 1990 until August 2000, when he was discharged. In December 2000, Broadwater filed suit in this District Court against Heidtman Steel and against Darryl Whitner, his supervisor as Heidtman. Following the Court's partial grant of a motion to dismiss, Broadwater filed a First Amended Complaint. By Order filed July 11, 2001, the Court partially granted a motion to dismiss the First Amended Complaint.
On August 1st, Broadwater filed a 15-page Second Amended Complaint to which voluminous documents were attached, including correspondence between Broadwater and Heidtman, correspondence between Broadwater's attorneys and Heidtman, and documents relating to Broadwater's two employment discrimination charges filed with the United States Equal Employment Opportunity Commission ("EEOC").
Procedural Status
Now before the Court is Defendants' fully-briefed summary judgment motion, which was filed November 20, 2001. After obtaining additional time in which to oppose the motion, Broadwater filed a motion for leave to file an oversized response on December 12, 2001. Although cognizant of the fact that this case involves multiple issues which required briefing, the Court notes its displeasure with both parties' pleadings on the summary judgment issues.
The Local Rules of this District limit briefs in support of or opposing summary judgment motions to
Instead, Defendants filed a 25-page memorandum supporting summary judgment
Counsel are strongly advised, in the future, to not ask this Court for leave to file any memoranda (supporting or opposing dispositive motions) longer than 15 pages. The Court has handled complicated patent cases and employment discrimination cases in which the parties were able to limit their briefs supporting and opposing summary judgment to 10 or 15 pages. The Court does not believe this case is so uniquely complex that it required 136 pages of supporting and opposing briefs (not counting the hundreds of pages of affidavits, deposition excerpts, and exhibits) submitted by each party.
Although displeased with the parties' voluminous submissions, the Court
Key Facts 2
Heidtman Steel Products, Inc. operates a steel processing facility in Granite City, Illinois. Darryl Whitner, a black male, currently serves as Plant Manager for the Granite City facility. He has held that position since 1995.
Gerald Broadwater began work for Heidtman Steel in July 1990, initially working at the company's St. Louis, Missouri facility as a "packer" on the paint line. After the St. Louis plant closed in January 1991, Broadwater requested and received a transfer to the Granite City facility. Broadwater worked on the third shift in Granite City. His Shift Supervisor was Darryl Whitner.
In 1995, Whitner recommended Broadwater for promotion to a supervisor's position. Broadwater was promoted to supervisor on third shift. In this position, Broadwater received a pay increase, and he supervised fifteen employees. Sometime in 1996, Whitner became Plant Manager of the Granite City facility. In February 1997, Heidtman Steel equalized the pay of its supervisors. This equalization involved reducing the pay of Broadwater and at least one other supervisor, Mike Becherer, to bring their salaries into line with the salaries of other Heidtman supervisors.
In October 1999, Heidtman had two or three video cameras at the Granite City facility. The video cameras were used to record pictures of defective steel while keeping the production line running. During the week, the cameras were kept on the plant floor, near the steel processing equipment. Over the weekend, the cameras were stored in a camera bag in a locked compartment in the supervisors' office. The area where the cameras were stored was roughly three feet from Broadwater's desk.
On Friday, October 8, 1999, after his shift, David Hemphill returned a video camera to the supervisors' office. While returning the bag containing the video camera, Hemphill accidentally jostled the camera into "record" mode. While the video camera was running inside the bag, it captured the audio portion of a conversation between Broadwater and another supervisor. On the tape, Broadwater made a disparaging remark about a fellow supervisor, Tracy McElroy. Specifically, Broadwater remarked that McElroy had "sucked big black dick," referring to McElroy's efforts to win favor or ingratiate himself with Plant Manager Whitner.
When a vendor on site at the Granite City facility discovered voices on the videotape, he reported the discovery to Heidtman. Supervisor Mark Hessler then informed Darryl Whitner about the videotape. Whitner listened to the tape for four seconds, instructed Hessler to stop the tape, locked the tape in his own desk drawer, and notified the Director of Human Resources (Sandy Tosha) about the tape. Whitner then forwarded the tape to Tosha.
On November 1, 1999, Tosha traveled to the Granite City plant to investigate the incident regarding the tape. Tosha met with Broadwater, Whitner, and others. After Whitner left the conference room,
On July 4, 2000, Heidtman employee John Randall reported to work for the third shift. Randall drove his motorcycle through the Granite City plant, and employees reported that Randall appeared to be under the influence of alcohol. Broadwater, the Third Shift Supervisor, confronted Randall, who admitted that he had been drinking earlier in the day and admitted that he had left tire tracks from his bike in the plant.
The parties' statements of "uncontroverted facts" contain slightly differing versions of what occurred next. According to Heidtman, Broadwater gave Randall the option to (a) submit to a drug and alcohol test or (b) go home, and Randall elected to go home. According to Broadwater, he "told John Randall that he would have to take an alcohol test," Randall responded that "he could not take an alcohol test because he would fail same," and Broadwater never told Randall that if he left the premises "there would be no consequences from his reporting to work in an intoxicated condition" (Doc. 58, pp. 6-7). What is clear is that Randall did not submit to a drug or alcohol test; he went home.
On July 5, 2000, the company commenced an investigation of the previous day's events. Ultimately, Heidtman determined that Broadwater had violated the company's Substance Abuse Policy by offering Randall the option of taking the drug test or going home. Heidtman's Substance Abuse Policy provides that any employee suspected of being under the influence of alcohol or drugs at the workplace shall submit to a drug and/or alcohol test at a medical facility, and refusal to submit to such a test will result in discharge (see Employee Handbook, Exh. 4 to Doc. 60, pp. 28-29). In Heidtman's assessment, because Broadwater allowed Randall to go home, Heidtman could not discharge Randall for refusing to take the drug test.
As a result of the investigation into the incident, Heidtman suspended Randall for five days and issued a written warning to Broadwater regarding his mishandling of the situation. The warning (Exh. M to Doc. 48) stated:
In the wake of the Randall incident, rumors circulated at the Granite City plant regarding why John Randall was not discharged after showing up for work intoxicated. On July 10, 2000, Heidtman posted
The memorandum stated that the employee involved was not terminated, because his supervisor gave him an alternative to taking the drug test. The memorandum noted that the alternative offered by the supervisor was not authorized under the Substance Abuse Policy (id.):
In mid-August 2000, Heidtman Steel hired an outside lawyer to speak to plant supervisors regarding what they could say to employees about a union organization campaign which had begun at the Granite City facility. The lawyer spoke to Broadwater at the end of his shift in the early morning hours of August 16, 2000 and provided Broadwater two sheets of paper outlining what supervisors could and could not say regarding unions. Later the same day, Heidtman employee Danny Knight advised Heidtman that Broadwater, without explicitly mentioning the word "union," had said that someone would be "handing out cards," and "it would be in my best interest to sign" the card (Knight Depo., pp. 55, Exh. H to Doc. 48).
When Broadwater reported for his next shift of work (at 10:30 p.m. on August 16, 2000), Plant Superintendent Tim Berra and Plant Manager Darryl Whitner advised him that he was suspended pending an investigation of whether he, a supervisor, had encouraged hourly employees to sign union authorization cards. Berra and Whitner handed Broadwater a letter (Exh. Q to Doc. 48) instructing him to not talk with any Heidtman employee or enter Heidtman property pending the outcome of the investigation. The letter, signed by Darryl Whitner as Plant Manager, stated: "Should you need to speak to someone with the Company, you are instructed to contact me" (id.).
Within a day or two after being suspended, Broadwater received a phone call at home from Heidtman employee Mark Seago. Although Broadwater was aware he was not supposed to speak with company employees during the August 2000 suspension, he did not terminate the phone call, because (a) he thought it would be rude, and (b) Seago initiated the phone call (Broadwater Depo., pp. 136-137, Exh. C to Doc. 48). During the suspension, Broadwater also talked with his son, a Heidtman Steel employee, and he talked to Heidtman employees whom he "bumped into" in grocery stores or at soccer games (id., pp. 137-138).
On August 21, 2000, Tim Berra and Darryl Whitner telephoned Broadwater. During the telephone conversation, Berra asked Broadwater if he had spoken to any Heidtman employees. Broadwater responded that it was none of their f___ing business whom he talked to and hung up on Berra and Whitner (Broadwater Depo., p. 98). Broadwater never attempted to contact Whitner after that point (id.).
On August 23, 2000, Broadwater received a letter of termination from Heidtman Steel (id.). Dated August 22, 2000, the letter (Doc. T to Exh. 48) informed Broadwater as follows:
Broadwater filed two EEOC charges regarding his employment at Heidtman (Exhs. 1 and 2 to Doc. 31). First, on November 17, 1999, Broadwater submitted a charge alleging that Heidtman had discriminated against him based on his age and appearance, retaliated against him, showed favoritism to other employees (James Jarman and John Randall), and had harassed him (giving him extra duties not given to other supervisors, etc.).
Legal Standard Governing Summary Judgment Motions
Summary judgment is proper if the pleadings, depositions, interrogatory answers, admissions, and affidavits leave no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether a genuine issue of material fact exists, the Court views the record in the light most favorable to — and draws all reasonable inferences in favor of — the non-moving party.
Because the primary purpose of summary judgment is to isolate and dispose of factually unsupported claims, the nonmovant may not rest on the pleadings but must respond, with affidavits or otherwise, setting forth specific facts showing that there is a genuine issue for trial. Oest v. Illinois Department of Corrections, 240 F.3d 605, 610 (7th Cir.2001). The nonmovant must do more than demonstrate some factual disagreement between the parties. Logan v. Commercial Union Ins. Co., 96 F.3d 971, 978 (7th Cir.1996). The issue in dispute must be material. Irrelevant or unnecessary facts do not preclude summary judgment even when they are in dispute. Outlaw v. Newkirk, 259 F.3d 833, 837 (7th Cir.2001).
Stated another way, only disputes that could affect the outcome of the suit under governing law properly preclude the entry of summary judgment. Outlaw at 837, citing McGinn v. Burlington Northern R.R. Co., 102 F.3d 295, 298 (7th Cir.1996). See also Anderson, 477 U.S. at 249, 106 S.Ct. 2505 (A factual dispute is "genuine" only when there is sufficient evidence favoring the nonmoving party for a jury to return a verdict in his favor.).
The Court of Appeals for the Seventh Circuit has repeatedly remarked that the summary judgment standard is applied "with added rigor" in employment discrimination cases. See, e.g., McCoy v. WGN Continental Broadcasting Co., 957 F.2d 368, 370-71 (7th Cir.1992); Courtney v. Biosound, Inc., 42 F.3d 414, 418 (7th Cir. 1994); Wallace v. SMC Pneumatics, Inc., 103 F.3d 1394, 1396 (7th Cir.1997). More recently, however, the Seventh Circuit clarified that there is not a separate, more stringent standard governing employment cases. Instead, this phrase merely reflects "the fact that employment discrimination cases typically involve questions of intent and credibility." Alexander v. Wisconsin Dept. of Health and Family Services, 263 F.3d 673, 680-81 (7th Cir.2001).
A. ADEA and Title VII Claims that are Time-Barred
The Age Discrimination in Employment Act, 29 U.S.C. § 623(a), prohibits employers from discriminating against individuals on the basis of their age. Horwitz v. Board of Educ. of Avoca School District No. 37, 260 F.3d 602, 610 (7th Cir.2001). Title VII, 42 U.S.C. § 2000e-2(a)(1), forbids
Both Title VII and the ADEA delineate certain prerequisites which an individual must satisfy before he may institute a lawsuit. For instance, an aggrieved employee in Illinois must file a charge with the EEOC within 300 days of the time that his action began to accrue. 42 U.S.C. § 2000e-5(a); 29 U.S.C. § 626(d)(2). An employee's action accrues when he discovers that he has been injured, not when he determines that the injury was unlawful. Thelen v. Marc's Big Boy Corp., 64 F.3d 264, 267 (7th Cir.1995).
Additionally, to maintain a claim under Title VII, an individual who has obtained a right-to-sue letter from the EEOC must file a complaint in federal court within 90 days of receipt of the letter. 42 U.S.C. § 2000e-5(b), (e), (f); Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974). See also EEOC v. Harris Chernin, Inc., 10 F.3d 1286, 1288 n. 3 (7th Cir.1993)("to maintain a claim under Title VII, a plaintiff must file charges with the EEOC, receive a Right-To-Sue Letter, and act upon it.... If these jurisdictional elements are not met, the action will be dismissed."). These administrative requirements are "conditions precedent," similar to statutes of limitations, which are subject to equitable modification. Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982); Perkins v. Silverstein, 939 F.2d 463, 469-70 (7th Cir. 1991).
Similarly, the ADEA provides that if an employment discrimination charge is dismissed or otherwise terminated by the EEOC, "the Commission shall notify the person aggrieved," and any civil action must be brought by that person "against the respondent named in the charge within 90 days after the date of the receipt of such notice." 29 U.S.C. § 626(e). See also Noreuil v. Peabody Coal Co., 96 F.3d 254, 257 (7th Cir.1996). The 90-day period begins to run when the claimant receives the right-to-sue letter. See Zugay v. Progressive Care, S.C., 180 F.3d 901, 902 (7th Cir.1999); Houston v. Sidley & Austin, 185 F.3d 837, 838-39 (7th Cir.1999).
In the case at bar, Defendants assert that certain allegations contained in Broadwater's complaint are time-barred, because (a) although Broadwater included them in his initial EEOC charge, he failed to file suit on that charge within 90 days after receiving his right-to-sue letter from the EEOC, and (b) although Broadwater later filed a second EEOC charge, it only encompasses actions within the 300 days preceding the filing of the charge. Resolution of this issue requires analysis of Broadwater's two EEOC charges, two right-to-sue letters, and initial complaint filed in this Court (on December 27, 2000).
In this Court, Broadwater alleges that his November 1, 1999 suspension constituted age discrimination, violative of the ADEA, and retaliation, violative of Title VII. For instance, in Count I (the ADEA count), at ¶ 15, Broadwater alleges that younger, less experienced employees were promoted to his position following Broadwater's 1999 suspension. Likewise, in Count II (the Title VII count), Broadwater alleges that upon returning to work in November 1999 following his suspension on November 1, 1999, he was subjected to harassment and denied promotions (Count II, ¶ 21).
Heidtman suspended Broadwater on November 1, 1999. Broadwater filed his first EEOC charge on November 17, 1999.
Broadwater filed a second EEOC charge on September 7, 2000 and received a right-to-sue letter on that charge on or about September 30, 2000. He filed suit within 90 days of receiving the September 2000 right-to-sue letter.
Clearly, allegations regarding conduct relating to the November 1, 1999 suspension, presented in Broadwater's December 27, 2000 complaint in this Court, would be time-barred — unless they are saved by an equitable doctrine. The law of this Circuit recognizes several such doctrines, and Broadwater seeks to avail himself of two of them.
First, the "continuing violation doctrine" allows a plaintiff to obtain relief for time-barred acts by linking them with acts falling within the limitations period. See Selan v. Kiley, 969 F.2d 560, 564 (7th Cir.1992). Courts treat the combination of timely and time-barred acts as "one continuous act that ends within the limitations period." Shanoff v. Illinois Dept. of Human Services, 258 F.3d 696, 703 (7th Cir. 2001). Although often allowing a plaintiff to find refuge in the continuing violation theory on a hostile environment claim, the Seventh Circuit generally rejects such relief for allegations regarding a specific action like a firing, a suspension, or a refusal to promote — i.e., defined acts that happen on a particular date. See id.
As the Seventh Circuit noted in Shanoff, to avail himself of the continuing violation theory: "the plaintiff must ... demonstrate that ... the harm about which [he] is complaining is part of a pattern of conduct, and [he] `was reasonable not to perceive [his] working conditions as intolerable until the acts of harassment had, through repetition or cumulation, reached the requisite level of severity.'" Id. at 703, citing Russell v. Board of Trustees of the Univ. of Ill. at Chicago, 243 F.3d 336, 343 (7th Cir.2001), and DeClue v. Central Ill. Light Co., 223 F.3d 434, 435-36 (7th Cir.2000).
Here, Broadwater has not demonstrated that his allegations regarding the November 1, 1999 suspension were part of a pattern of conduct which he did not perceive as discriminatory until later acts of harassment revealed them to be such. Obviously, Broadwater immediately perceived a discriminatory aspect to the November 1st suspension, as he filed an EEOC charge less than three weeks later. See Miller v. American Family Mutual Ins. Co., 203 F.3d 997, 1003-04 (7th Cir.2000)(recognizing three variations of the continuing violation doctrine but reiterating that "if the plaintiff knew ... after each act that it was discriminatory and had harmed her, she must sue over that act within the relevant statute of limitations"). So, the continuing violation theory does not apply to the allegations regarding the November 1, 1999 suspension of Broadwater
Second, Broadwater relies on the doctrine of equitable estoppel. Also known as fraudulent concealment, the doctrine of equitable estoppel applies if a defendant/employer takes active steps to prevent a plaintiff/employee from suing within the limitations period. Jackson v. Rockford Housing Authority, 213 F.3d 389, 394 (7th Cir.2000). Active steps include hiding evidence or promising to not plead the statute of limitations. Shanoff, 258 F.3d at 702, citing Jackson, 213 F.3d at 394. Stated another way:
Anderson v. Board of Regents of the Univ. of Wisconsin System, 140 F.3d 704, 706 (7th Cir.1998).
Equitable estoppel will not be applied, however, if the plaintiff retained the ability to obtain the information necessary to pursue his claim, notwithstanding the defendant's delay or resistance. Id. Indeed, equitable tolling "should be exercised only sparingly," and not where the "claimant failed to exercise due diligence in preserving his legal rights." Tyler v. Runyon, 70 F.3d 458, 465 n. 8 (7th Cir. 1995).
In his memorandum opposing summary judgment (at p. 2), Broadwater claims that Defendants attempted to prevent him from filing suit following the November 1, 1999 suspension. Broadwater asserts that by reinstating him to his job, granting him back pay for all but four days of the period of suspension, and advising him that the situation between him and Whitner "would work," Defendants led him to believe that his problems had been amicably resolved, "and there would be no necessity for legal action."
Unfortunately, Broadwater cites no deposition excerpts, affidavits, or documentary material whatsoever to buttress these assertions. The Court has undertaken a careful, time-consuming effort to wade through the volumes of materials produced by both counsel herein and is well aware that, in determining whether a genuine issue of material fact exists, it must view all facts and reasonable inferences in the light most favorable to Broadwater.
The problem is Broadwater — throughout his entire 48-page memorandum opposing summary judgment — cites no evidence to support these arguments regarding conduct by Defendants which might be construed to equitably estop Defendants from now arguing that Broadwater's claims are time-barred. Broadwater has presented arguments and speculation only — no evidence in opposition to summary judgment — that Defendants took active steps to prevent Broadwater from timely filing a lawsuit based on the claims relating to the November 1999 suspension.
Accordingly, the Court finds that, in this lawsuit commenced on December 27, 2000, Broadwater may not advance any claims relating to the November 1999 suspension or the other conduct listed in his November 17, 1999 EEOC charge which occurred before November 12, 1999. Those claims are time-barred. The claims cognizable herein relate to conduct occurring within 300 days prior to the date Broadwater filed his second EEOC charge (on September 7, 2000), since Broadwater did file suit within 90 days of receiving the right-to-sue letter from the EEOC on that second charge. Defendants are entitled to summary judgment on all claims relating to conduct occurring more than 300 days before the date Broadwater filed his second EEOC charge on September 7, 2000.
B. Claims Not Raised in Broadwater's 9-7-2000 EEOC Charge
The law of this Circuit plainly holds that the scope of an EEOC charge limits the scope of the subsequent federal court complaint. See, e.g., Babrocky v. Jewel Food Co. & Retail Meatcutters, 773 F.2d 857, 863 (7th Cir.1985). Stated simply, this rule holds: "Generally, a Title VII plaintiff may bring only those claims that were included in her EEOC charge." McKenzie v. Illinois Department of Transportation, 92 F.3d 473, 481 (7th Cir. 1996).
The reason for the rule is simple:
Rush v. McDonald's Corp., 966 F.2d 1104, 1110 (7th Cir.1992).
The Seventh Circuit consistently has reiterated the policy against allowing an employment discrimination complaint to encompass allegations outside the ambit of the predicate EEOC charge. The Court has announced a test for delineating whether an EEOC charge sufficiently embraces the claims raised in a later-filed complaint:
Cheek v. Western and Southern Life Ins. Co., 31 F.3d 497, 500 (7th Cir.1994).
Broadwater's September 7, 2000 EEOC charge (the charge on which he timely filed suit in this Court) sets forth two specific incidents of discrimination — August 16, 2000 "suspended w/o pay" and August 22-23, 2000 "Terminated" — and then explains: "I believe these actions are in direct retaliation for recent + past incidents at plant, also due to my age and race, and as a prior whistleblower" (Exh. 2 to Doc. 31). Broadwater's December 27, 2000 complaint filed in this Court contains additional allegations, e.g., that Broadwater was "denied access to advancement, promotion and increased pay" (Doc. 31, Count I, ¶ 18).
Claims of denied promotions and pay raises are neither like nor reasonably related to the allegations of the September 7, 2000 EEOC charge (based on the 8-16-00 suspension and the 8-22-00 termination). Nor can the promotion and pay raise claims reasonably have been expected to "grow out of an EEOC investigation" of the 8-16-00 suspension or the 8-22-00 termination.
C. The ADEA Claim (Count I of Second Amended Complaint)
In Count I of his complaint, Broadwater alleges that he was 53 years old at the time he was discharged from his employment, that he was discharged despite the fact he performed his job satisfactorily, that during his employment with Heidtman he was "discriminated against because of his age," and that "his employment was terminated in part due to age discrimination," all in violation of the ADEA. As noted above, the ADEA prohibits employers from discriminating against employees on the basis of their age. 29 U.S.C. § 623(a).
To succeed on a discrimination claim under the ADEA, a plaintiff must show that his termination or other adverse employment action would not have occurred "but for" his employer's motive to discriminate on the basis of age. Horwitz, 260 F.3d at 610, citing Fuka v. Thomson Consumer Elecs., 82 F.3d 1397, 1402 (7th Cir.1996). Age discrimination can be proved through either the direct method or the indirect burden-shifting method of proof outlined in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Here, as to the claims on which suit was timely filed (i.e., the claims relating to Broadwater's August 16, 2000 suspension and his August 22, 2000 employment termination), Broadwater must proceed via the indirect method.
Under this approach, the plaintiff first must establish a prima facie case of discrimination. Horwitz, 260 F.3d at 610, citing Adreani v. First Colonial Bankshares Corp., 154 F.3d 389, 394 (7th Cir. 1998). To build a successful prima facie case, Broadwater must show that:
If the employee establishes a prima facie case, a presumption of discrimination arises, and the burden shifts to the employer to articulate a non-discriminatory reason for its materially adverse employment action. Horwitz, 260 F.3d at 610. Accord Wade v. Lerner New York, Inc., 243 F.3d 319, 322 (7th Cir.2001)("If a plaintiff is able to meet this initial burden,
Turning to the prima facie case, Broadwater has presented evidence satisfying the first and third prongs — i.e., he is 40 years of age or older and he suffered a materially adverse employment decision (discharge). Broadwater has not demonstrated, however, that he was performing his job satisfactorily, the second prong of the prima facie case. This prong requires the employee to prove that he was performing up to the legitimate expectations of his employer.
In the context of Defendants' summary judgment motion, the Court views the record in the light most favorable to Broadwater. Broadwater insists that he was performing well in the workplace. Specifically, Broadwater states that he "always received very good performance reviews from defendants" (Doc. 58, ¶ 65). But the only performance reviews he offers to support that sweeping statement are for the period 8/4/93 to 7/29/94 and the period 6/1/94 to 6/1/95 (Exh. 20 to Doc. 60). These two evaluations predate his discharge by over 4 years.
Plus, the Seventh Circuit has rejected the "blanket proposition that every plaintiff who claims that his or her work performance was satisfactory meets McDonnell Douglas' second element." See Oates v. Discovery Zone, 116 F.3d 1161, 1172 (7th Cir.1997). Only reasonable inferences are to be drawn from the record, and it is not enough for an employee to offer his own, unsupported recitation of events. Rather, he must present "specific facts showing that there is a genuine issue for trial." Gleason v. Mesirow Financial, Inc., 118 F.3d 1134, 1139 (7th Cir.1997).
The record before this Court indicates that Broadwater was not performing up to Heidtman's legitimate expectations. The company received numerous complaints regarding Broadwater's actions while he was a supervisor, particularly in the last month or two of his employment. Accepting as true Broadwater's version of the events surrounding the July 4, 2000 incident in which employee John Randall showed up for work intoxicated (i.e., that instead of giving Randall the option of taking a drug/alcohol test or going home, Broadwater simply advised Randall "if he persisted in staying on the property that he must take a alcohol test" (Doc. 58, ¶ 36)), Heidtman certainly had grounds for displeasure with Broadwater's handling of the incident.
Additionally, Heidtman was disappointed in Broadwater's behavior during the August 2000 suspension (during the investigation into whether Broadwater, a supervisor, had engaged in "pro-union activity"). Accepting as true Broadwater's version of the events leading up to that suspension, even if the suspension itself was unnecessary or unfounded, Broadwater admits that he was instructed to not speak to any Heidtman employees while suspended. He chose to disregard that instruction, because he believed it to be "unreasonable" and "illegitimate" (Doc. 58, ¶ 55). The record plainly shows that Broadwater violated this directive and had contact with
Nor can the Court conclude that Broadwater has met the fourth prong of his ADEA prima facie case — that younger, similarly situated employees were treated more favorably than he. Because Broadwater has not met his burden of proof as to the prima facie case of age discrimination, the Court need not reach the issue of whether Heidtman had a legitimate, nondiscriminatory reason for suspending and discharging Broadwater. Broadwater has failed to establish a prima facie case of age discrimination, no genuine issues of material fact exist as to this claim, and Defendants are entitled to summary judgment on Count I.
D. The Title VII Claims (Count II of Second Amended Complaint)
In Count II of his complaint, Broadwater alleges that he was harassed, suspended without cause, and ultimately terminated because: he is a white male, he was caught on a "secret" recording making a racial comment allegedly referring to his supervisor, Darryl Whitner (a black male), and that incident caused "racial animus" which eventually resulted in his suspension and termination from employment at Heidtman. The Court uses Broadwater's term for this Title VII claim — the "reverse race discrimination" claim. Count II also alleges that Heidtman retaliated against him (suspending him and ultimately discharging him) "at least in part, as a result of his filing of an EEOC complaint" (Second Amended Complaint, Count II, ¶ 22).
A plaintiff alleging race discrimination under Title VII can prove such discrimination either by providing direct evidence of an employer's discriminatory intent or by showing disparate treatment using indirect evidence and the burdenshifting method established in McDonnell Douglas Corp. v. Green. See Contreras v. Suncast Corp., 237 F.3d 756, 759 (7th Cir.), cert. denied, ___ U.S. ___, 122 S.Ct. 62, 151 L.Ed.2d 29 (2001). Likewise, a claim of retaliation under Title VII can be proven by either offering direct evidence of retaliation or proceeding under a burdenshifting approach. Alexander, 263 F.3d at 682.
In the case at bar, Broadwater has presented no direct evidence that he was the victim of reverse race discrimination, so we turn to the indirect or burden-shifting method. In the normal Title VII race discrimination case, to establish a prima facie case under the burden-shifting method, a Title VII plaintiff must show that (1) he belongs to a protected class, (2) he performed his job according to his employer's legitimate expectations, (3) he suffered an adverse employment action, and (4) similarly situated employees outside the protected class (of a different race) were treated more favorably. Logan v. Kautex Textron North America, 259 F.3d 635, 639 (7th Cir.2001).
Because Broadwater is a white male, he obviously could not satisfy the first prong of the prima facie test. Indeed, the Seventh Circuit has noted that, if strictly applied, the prima facie test would eliminate all reverse discrimination suits. See Mills v. Health Care Service Corporation,
Prongs two, three, and four remain the same, but for prong one the plaintiff must present "background circumstances" that support an inference that the defendant "is one of those unusual employers who discriminates against the majority." Mills, 171 F.3d at 455. The contours of what constitutes "background circumstances" are not precise, but two categories of circumstances offer guidance: (1) evidence indicating that the particular employer at issue has some reason or inclination to discriminate invidiously against whites; and (2) evidence indicating that there is something "fishy" about the facts of the case at hand. Id. Examples of the latter category include evidence of schemes to fix performance ratings to the detriment of white employees and evidence that white employees were passed over despite superior qualifications. Id.
The Court now determines whether prong one has been satisfied in this case. Having carefully scoured the abundant record before it, the Court concludes that Broadwater has presented no evidence that Heidtman had the inclination to invidiously discriminate against whites and no evidence that there is something fishy about the facts surrounding the employment decisions in issue (the August 2000 suspension and termination of Broadwater).
Primarily, Broadwater points to Heidtman and Whitner's treatment of John Randall, a black employee. Broadwater suggests that, following the incident in which Randall appeared for work intoxicated and left the plant without submitting to an alcohol/drug test, Whitner advised Broadwater that "the company could not do anything to him [Randall] because he is black" (Plaintiff's Memorandum Supporting Summary Judgment, at p. 25). Even assuming it true that Whitner actually made this statement, Broadwater overlooks the fact that Heidtman did "do something" to Randall — he was firmly disciplined for appearing intoxicated (suspended for five days without pay). And the record amply supports Defendants' position that they did not discharge Randall, because he was allowed to go home rather than submit to an alcohol/drug test.
As to Broadwater's assertion that Randall was allowed to keep his job despite having poor attendance and becoming involved in a fight at the workplace, the record before the Court discloses that a white employee (Mark Seago) also was allowed to keep his job despite poor attendance and involvement in an altercation at the plant. In short, Broadwater has not satisfied the first element of his prima facie race discrimination case. For all the reasons discussed above in section C, the Court further concludes that Broadwater has not met the second prong of the prima facie race discrimination case either — performing up to his employer's legitimate expectations.
Broadwater has not demonstrated a prima facie case of race discrimination, no genuine issues of material fact remain as to the race discrimination claims, and Defendants are entitled to judgment as a matter of law thereon.
In addition to protecting against discrimination on the basis of race and sex, Title VII prohibits employers from retaliating against employees who contest allegedly discriminatory acts. 42 U.S.C. § 2000e-3 provides:
Thus, it is said that Title VII's anti-retaliation provision protects two types of activities, "opposition conduct" and "participation conduct." Speedy v. Rexnord Corp., 243 F.3d 397, 404 (7th Cir.2001).
A Title VII plaintiff may proceed via direct evidence of retaliation or the familiar burden-shifting approach. Contreras, 237 F.3d at 759. Direct evidence "usually takes the form of an acknowledgment of discriminatory intent by the employer." Fyfe v. City of Fort Wayne, Indiana, 241 F.3d 597, 601 (7th Cir.2001), citing Kennedy v. Schoenberg, Fisher & Newman, Ltd., 140 F.3d 716, 722-23 (7th Cir.), cert. denied, 525 U.S. 870, 119 S.Ct. 167, 142 L.Ed.2d 136 (1998). In the absence of direct evidence of retaliation, a Title VII plaintiff must prove his case via the burden-shifting method, the first step of which is to establish a prima facie case of retaliation.
A prima facie case of retaliation is established when a plaintiff shows:
Oest, 240 F.3d at 615-16. Accord Eiland v. Trinity Hospital, 150 F.3d 747, 753 (7th Cir.1998). Once the plaintiff has established a prima facie case, the burden shifts to the employer to put forth a legitimate, nondiscriminatory reason for its actions. Then, the burden shifts back to the plaintiff to show that the employer's articulated reason is a pretext for unlawful discrimination. Fyfe, 241 F.3d at 602.
So, to survive summary judgment, Broadwater must demonstrate that he engaged in statutorily protected expression, he suffered an adverse employment decision, and there is a causal link between the two. See Logan, 259 F.3d at 640. Broadwater filed a discrimination charge with the EEOC prior to the company's August 2000 actions of which he complains, i.e., the November 17, 1999 EEOC charge. The filing of that charge constitutes "protected activity" under Title VII. See Smart v. Ball State University, 89 F.3d 437, 440-41 (7th Cir.1996).
Defendants challenge whether Broadwater truly engaged in statutorily protected expression by filing the November 1999 EEOC charge, arguing that Broadwater lacked a good faith belief that he was opposing practices truly prohibited by Title VII or the ADEA (see Doc. 48, p. 18). The Court rejects this argument and concludes that Broadwater has satisfied the first element of his retaliation prima facie case. An employee engages in statutorily protected activity by filing an EEOC charge, even if the harassment he complains of does not actually violate Title
Heidtman suspended and, later, discharged Broadwater. Those events qualify as adverse job actions and satisfy the second element of the retaliation prima facie case. See Smart, 89 F.3d at 441 ("Adverse employment action has been defined quite broadly in this circuit.... [F]or example, when an employee is fired, or suffers a reduction in benefits or pay, it is clear than an employee has been the victim of an adverse employment action.").
Broadwater encounters a snag, however, on the third element of the prima facie case — the needed causal link between the employee's protected activity and the employer's adverse job action. To meet the causal link requirement, Broadwater must demonstrate that Heidtman would not have taken the adverse action "but for" his protected activity. Adusumilli v. City of Chicago, 164 F.3d 353, 363 (7th Cir.), cert. denied, 164 F.3d 353 (1998); McKenzie v. Illinois Dept. of Transportation, 92 F.3d 473, 483 (7th Cir.1996).
The law of this Circuit recognizes that a Title VII plaintiff may establish a causal connection between protected activity and adverse employment action through evidence that the discharge took place "on the heels of" the protected activity. See Dey v. Colt Construction & Development Co., 28 F.3d 1446, 1458 (7th Cir.1994); Hunt-Golliday v. Metropolitan Water Reclamation District of Greater Chicago, 104 F.3d 1004, 1015 (7th Cir.1997). In the instant case, though, Broadwater filed his EEOC charge on November 17, 1999. That is approximately nine months before the August 16, 2000 suspension and the August 22, 2000 discharge which Broadwater claims are retaliatory. In the context of the facts of this case, that period is too attenuated to support the inference of a causal link. See Oest, 240 F.3d at 615-16 (In analyzing retaliation claims, "a substantial time lapse ... is counter-evidence of any causal connection.").
The Seventh Circuit has instructed, in the context of the retaliation prima facie case:
Oest, 240 F.3d at 616. In the case at bar, there are no such "additional circumstances" indicating that Heidtman's actions were illegitimate.
Rather, here, as in Adusumilli, 164 F.3d at 363, the employee (Broadwater) has failed to show that he was fired in retaliation for his EEOC charge rather than his inability to do his job well. Id., citing Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 321 (7th Cir. 1992)(the timing of protected activity alone did not create a genuine issue of material fact as to a causal link, when the plaintiff could not prove that she was terminated due to her complaint regarding harassment rather than her poor work performance). Because Broadwater has not established the third element of his retaliation prima facie case, his retaliation claim fails, and the Court need not decide whether Heidtman has proven that it had a legitimate, nondiscriminatory reason for suspending and discharging Broadwater. Defendants are entitled to summary judgment on Count II.
E. The State Law Claims
Counts III and IV of Broadwater's Second Amended Complaint allege intentional infliction of emotional distress and violations of the Illinois Eavesdropping Act, 720 ILCS 5/14-1, et seq. These claims are based solely on state (Illinois) law. The Court, in this Order, has dismissed or granted summary judgment in favor of Defendants on all of Broadwater's federal claims. Pursuant to 28 U.S.C. § 1367(c)(3), the Court may decline to exercise supplemental jurisdiction over Broadwater's remaining, pendent state law claims. "A decision to relinquish pendent jurisdiction before the federal claims have been tried is ... the norm, not the exception, and such a decision will be reversed only in extraordinary circumstances." Contreras, 237 F.3d at 766, quoting Disher v. Information Resources, Inc., 873 F.2d 136, 140 (7th Cir.1989).
This Court declines to exercise supplemental jurisdiction over the state law claims presented in Counts III and IV of Broadwater's Second Amended Complaint. The Court DISMISSES those claims without prejudice. This dismissal leaves only Count V of the complaint, in which Broadwater simply sought punitive damages for all the conduct alleged in Counts I through IV, his federal and state law claims. The portion of Count V requesting punitive damages on the federal ADEA and Title VII claims fails, as Broadwater was unable to make a prima facie case sufficient to survive summary judgment on his ADEA and Title VII claims. The portion of Count V requesting punitive damages on the state law claims (Counts III and IV) shall be dismissed without prejudice.
For all the reasons delineated above, the Court
Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.


text:
Congee Village
Lower East Side
- $$
Photograph: Hannah Mattix
Congee Village
Not yet rated
Time Out says
Mon May 7 2012
Even though it boasts an extensive menu of Chinese favorites served family-style, the namesake rice porridge, a Cantonese specialty strewn with the likes of squid, veggies or sliced pork, is the real reason to eat here. As kids slurp up tasty spoonfuls, they'll be equally charmed by the festive decor (Polynesian bamboo on Allen Street, and more-traditional Chinese style on the Bowery).
CommentsAdd +
Venue details
Congee Village 100 Allen St
Lower East Side
New York
- Cross Street:
between Broome and Delancey Sts
- Venue phone:
- Venue website:
- Opening hours:
Mon–Wed, Sat, Sun 10:30am–midnight; Thu, Fri 10:30am–2am
- Transport:
Subway: F to Delancey St; J, M, Z to Delancey–Essex Sts
- Price:
Average main course: $15. AmEx, MC, V
Congee Village
- 100 Allen St
Lower East Side
New York
- 212-941-1818
- congeevillagerestaurants.com
- 40.715632,-73.991935
- 100 Allen St
- Congee Village

subset: commoncrawl


text:
Click here to print the obituary below
Ruben Augustine Lopez
Ruben Augustine Lopez
On September 3, 2013, Ruben Augustine Lopez went to be with the Lord, to join his wife of 45 years, Inez B. Lopez, who he described as one of the greatest inspirations of his life, saying, "She taught me to know God's love."
On May 31, 1928 he was born in San Bernardino. At age 17, he entered the
U.S. Navy
in service to his country during
World War II
. After four years in the service, he married Inez Bocanegra and started a family. He worked for the Santa Fe Railroad as a sheet metal worker for 14 years and for San Bernardino County as a motor fleet mechanic-welder for 22 years.
He served the City of San Bernardino as Planning Commissioner for 12 years, with the undiminished hope of seeing San Bernardino strong again. He was a faithful member of Calvary Chapel San Bernardino for 27 years.
Ruben was an amazing father, grandfather, brother, friend, and community member. He is survived by his children; Ruben Lopez (Nancy), Steve Lopez (Debbie), Louise Ayala, Rita Weiss (Don); his grandchildren Nathan Lopez (Vicki), Lindsey Johnson (Chris), Daniel Lopez, Luke Lopez, Reuben Ayala, Rachel Lopez, Don Weiss, Catie Weiss; great grandchildren Deanna and Vincent Lopez.
Funeral Services will be held on Tuesday, September 10th at 11 a.m. at Mt. View Cemetery, 570 E Highland Ave. San Bernardino, California 92404.
Funeral Home
Mt. View Mortuary & Cemetery
570 East Highland Ave
San Bernardino, CA 92404
(909) 882-2943
Published in San Bernardino Sun on Sept. 8, 2013


text:
Thanks for redeeming.{{else}}
Success! Thanks for repurchasing.{{/if}} {{else}} {{#if Expired}}
Increase my visibility!{{else}} {{#if IsMultiPack}}
{{#if HasMultiPack}} You have {{MultiPackCount}} top spot(s) left. Now loading you into the search listings... {{else}} You have used all top spots. Now loading you into the search listings... {{/if}}{{else}}
We are loading you into the search listing pages...{{/if}} {{/if}} {{/if}} {{/if}}
{{Current}} just saw you!{{/if}} {{#if LastTopSpotPurchaseIsMulti }} {{#if HasAnyTopSpot}}
{{#if HasFreeTopSpot }} {{ UnclaimedTopSpotFree }} Free {{/if}} {{#if HasPaidTopSpot }} {{#if HasFreeTopSpot }} & {{/if}} {{ MultiPackCount }} {{/if}} Top Spot{{#if Plural}}s{{/if}} Left{{else}}
0 Top Spot{{#if Plural}}s{{/if}} Left{{/if}} {{else}} {{#if HasFreeTopSpot }}
{{ UnclaimedTopSpotFree }} Top Spot{{#if Plural}}s{{/if}} Left{{/if}} {{/if}} {{else}} {{#if HasResults}}
{{Current}} see you now!{{else}} {{/if}} {{/if}}
You can now invite anyone to meet at your favorite Starbucks.
Limited-time feature
29 year old woman | Phoenix, AZ, USA | Seeking men 25-35
I love to laugh :)
I am a single mother to a smart, handsome,& charming 6 year old who is my pride & joy. I work in the pharmacy at the AZ state hospital. When I'm not at work my son takes all my time, energy, & attention. My son is my priority, which leaves me with little time for myself. Also, my main reason for being single lol. . I cannot complain about that because i live to see him smile. Before being a woman i am a mommy and take that job very serious ?. If you cannot handle being second to my son I'm DEF not the one for you. I'm strong minded and a bit of a brat, but not that bad lol. .
Coffee and conversation , Movies/Videos , Music and concerts , Nightclubs/Dancing , Playing cards , Watching sports
Walking / Hiking
I exercise 1-2 times per week.
I have Dogs
I have a Red nose female Pit who is super sweet and friendly. I also have a male Beagle named Jack. He is very active and thinks he's a lap dog lol
When I have free time i enjoy hanging with my friends for happy hour, usually Applebees when my son is away. Other than that anything that involves playing with my son and other kids. Mexico!!
Apollo College–Phoenix, Phoenix, AZ
Love action films... Oceans 11, Gone in 60 seconds, Prison Break, anything with action. .
Bowling, happy hour with friends, movies, shop,shoot pool, park with my son&dog, watch my HEAT play along with UFC fights
I cannot lie lol I'm not much of a reader. It has to be something that REALLY interest me. When i do read something besides the comics in the newspaper i like to read autobiographies.
Z{{Cta}} {{#if HasMoreInfo}} ?{{CtaSecondary}} {{/if}}
|What she is looking for
|5'4" (162cms)
|5'6" (167cms) to 6'11" (210cms)
|Body type:
|About average
|No preference
|No preference
|Light brown
|No preference
|No Way
|No Way
|Social Drinker
|Social Drinker
|Medical / Dental / Veterinary / Fitness
|No preference
I am a Pharmacy Technician and work at the AZ State Hospital. I love my job! !
|I'll tell you later
|No preference
|No preference
|Have kids:
|Yes, and they live at home (1)
|No preference
|Wants kids:
|Latino / Hispanic
|Latino / Hispanic, White / Caucasian
Family oriented. . Family is everything to me and am very close to mine. I am the baby out of 3 girls and close to my sister's.
|Christian / Catholic
|Christian / Catholic
I was raised Catholic, but haven't been to church in a while. I do want to start going again for my son.
|English, Spanish
|Some college
|Some college
I am 2 classes away from being able to enter the Radiography program, which is what I want to do, but unfortunately that has been placed on hold due to being son's only income :( Just on hold NOT out of the picture. Not the 1st single mom alive lol


text:
- Remember, fireworks are dangerous
- Wallace asks citizens to fight cuts
- Dispute over state payroll rolls on
- Why fight over free trade confounds partisan divide
- Still no state budget
- Crime control is not the responsibility of landlords
- Fly over to the Poplar Grove Wings and Wheels Museum benefit
- Local leaders warn of budget deadlock's impact
- SHUTDOWN: Illinois preps for the worst
- TRRT Online Edition | July 1-7
Demonstration against McDonough County factory hog facility proposal Dec. 21
Online Staff Report
MACOMB, Ill. — A demonstration will be held prior to the McDonough County Board meeting Wednesday, Dec. 21, to protest the South Morgan Acres, LLC, hog facility proposal.
The county board intends to deliberate and issue a decision about whether to recommend approval or denial of the project to the Illinois Department of Agriculture at Wednesday's meeting.
The South Morgan Acres, LLC, proposal is of great concern to area residents and "Clean Responsible Agriculture No CAFOs" (CRANC). South Morgan Acres, LLC, will house more than 18,000 hogs adjacent to the La Moine River and many nearby residences. The facility is affiliated with Professional Swine Management, which has a poor environmental track record.
The demonstration will be held at the east door of the McDonough County Courthouse in Macomb, Ill., at 6 p.m. Concerned citizens are encouraged to attend.


text:
Newegg.com - A great place to buy computers, computer parts, electronics, software, accessories, and DVDs online. With great prices, fast shipping, and top-rated customer service - once you know, you Newegg.
If you are reading this message, Please click this link to reload this page.(Do not use your browser's "Refresh" button). Please email us if you're running the latest version of your browser and you still see this message.
Newegg.com - Computer Parts, Laptops, Electronics, HDTVs, Digital Cameras and More!
Stanley Outdoor Line Built To Survive Rough Weather And Tough Trips, The Stanley Outdoor Line Is At Home In The Great Outdoors. Legendary Thermal Retention And In-The-Field Functionality Make These Items Part Of The Essential Gear List For The Next Big Adventure. All Outdoor Products Are Bpa-Free And Come With A Lifetime Warranty. . . . . . . Keeps Food Warm Deep Into The Woods. The Best Part Of Camping Is Dinner, And This Vacuum Insulated Food Jar Keeps A Warm Meal Hot After A Long Day Out. Leak-Proof, Packable And Durable, It Even Includes A Spork For Complete Portability. . . . . . . . . Since 1913 The Stanley Brand Has Been Building Durable Rugged Products That Last. Passed Down From Generation To Generation The Stanley Bottle Is An Icon. It Has Survived A 4,000 Foot Drop From A Plane, Been Run Over By A Tractor, And Even Stopped A Bullet. Now In Its 96Th Year The Innovation That Sparked A Revolution In Vacuum Insulation Continues To Grow. Today, The Stanley Brand Delivers Superior Food And Beverage Gear For Rugged, Active Lifestyles And Is Dedicated To This Simple Promise: Buy Stanley Products, Get Quality Gear. Built For Life. Item Number: 10-00165-000.
This item is eligible for Newegg Premier benefits. Are you a Newegg Premier Member? If not, sign up today and get:
Your request will be processed within the next 24 hours.
Please add "firstname.lastname@example.com" to your address book to ensure delivery.See Today's E-Blast Promo
Some manufacturers place restrictions on how details of their products may be communicated.
Some manufacturers place restrictions on how details of their products may be communicated.
Some manufacturers place restrictions on how details of their products may be communicated.


text:
We offer discount to nonprofits, government agencies, and federal contractors
In just the last two weeks, congressional calls to #EndFamilyDetention have turned the tide of momentum significantly.
AILA Doc No. 10111610 | Dated November 16, 2010 | File Size: 124 KDownload the Document
AILA letter to members of the House of Representatives and the Senate urging passage of the DREAM Act (S.729/H.R.1751) and AgJOBS (S.1038/H.R.2414) during the upcoming Lame Duck session of Congress.
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 10111610.Open the Document
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2015
American Immigration Lawyers Association.


text:
I'm due on July 30 and went to my 35 week checkup yesterday. I just figured it would be a routine appointment with no news (normal bp, urine, measuring normal) like all of my other appointments. Well baby is measuring 2 1/2 to 3 weeks ahead now, I've lost weight (not sure how that happened) and I'm almost completely effaced and 1 cm dialated. He also said that baby's head is completely engaged and he is ready to come out any day now. He said that he would be surprised if I made it another week. I'm kinda shocked by all this because I was not expecting to be so ready so early. I really don't want a 35 or 36 week baby even if he is measuring bigger. My first baby came at 38 weeks and I was induced with the second one for medical reasons at 38 weeks so I've never actually gone all the way to my edd. I also never started dialating or effacing until 37 weeks and once I did it was only a few days after that before my other babies were born. I just hope this little guy stays in for at least a few more weeks so he is ready when he does make his appearance.
35 Weeks and Dr is saying any day now...kinda freaked out
Comments (5)
It could be that your dates were off. My baby is measuring two weeks ahead and I have very short menstrual cycles, so it's possible I'm ahead. I don't have any signs of labor so far, at 37 weeks.
Joplinmom - it sounds like you could have her any minute. At least they bought you a little bit of time and she's had a round of steroids. I hope everything goes well for you. Good Luck!
As far as my dates being off, I know that it can't be off by more than a week. My husband works in Alaska and was only home for 5 days at the beginning of November so we've pretty much narrowed it down to when he was conceived. Kinda crazy though, I guess we are just having a big boy. My other two were only 6 1/2 and 7lb babies.
I am 35 weeks as well and have been dilated at 2cm for 5 weeks so far...they gave me steriods at 30 weeks but so far no change.


text:
NBC was forced to issue an apology during its coverage of the U.S. Open golf tournament on June 19th after the phrase "under God" was conspicuously omitted from the Pledge of Allegiance during an opening patriotic video segment.
Many United Methodist Church clergy are revealing an increasing willingness to disobey church doctrine that prohibits them from officiating at same-sex marriages, regardless of the potential consequences of such disobedience. Trials of Methodist pastors who conduct same-sex marriages have occurred rarely — only once every few years. However, Methodist Rev. Amy DeLong (left) of Osceola, Wisconsin, is currently facing a three-day trial, beginning on Tuesday, on two charges: violating the church prohibition of "self-avowed practicing homosexuals," and officiating at the marriage of a lesbian couple.
This graduation season has revealed a heavy bias against spiritual Americans, as a number of school officials and judges have passed heavy-handed rulings indicating that anything remotely related to Christianity be barred from commencement ceremonies. The latest example of such violations of First Amendment rights can be found in Vermont, where a high school valedictorian's commencement address was redacted by the school principal to omit any reference to God's influence upon him.
Following an intense campaign by the pro-family Parents Television Council (PTC) to derail it, the controversial teen drama Skins has been canceled by the MTV network after only one season on the air. The program, based on a popular British TV show by the same name, never gained the ongoing popularity enjoyed by its counterpart in the UK, averaging only around one million viewers per week— down from the 3.26 Americans who had watched its premier episode. While MTV said in a statement that Skins "is a global television phenomenon that, unfortunately, didn't connect with a U.S. audience as much as we had hoped," other MTV shows with worse ratings continue to air, making it likely that Skins succumbed in large part because of PTC's campaign aimed at parents, program sponsors, and even the U.S. Congress and Justice Department.
Texas Governor Rick Perry, who is currently testing the waters for a potential presidential run, has called on fellow Governors, as well as the American people, to join him on August 6 for a time of prayer and fasting for the nation. Among the Governors who have said they will attend the bipartisan event at Reliant Stadium in Houston, called The Response: A Call to Prayer for a Nation in Crisis, are Sam Brownback of Kansas and Bobby Jindal of Louisiana. Additionally, Rick Scott of Florida, Nikki Haley of South Carolina, and Christine Gregoire of Washington are expected to declare August 6 a day of prayer in their own states.


text:
updated: 3/24/2009 6:21:19 PM
Business schools in the state are ranked high in the recent "Student Opinion Honors for Business Schools" by The Princeton Review. Indiana State University's College of Business MBA program is one of 15 throughout the country honored in the general management category. Indiana University-Bloomington's Kelley School of Business is among the top ranked institutions for Marketing and Purdue University's Krannert School of Management is among the top institutions in the Operations category.
Source: Inside INdiana Business
Press Release
The Master of Business Administration program in Indiana State University�s College of Business has one of the highest rankings in the country when it comes to student satisfaction.
The program is one of 15 named to The Princeton Review�s �Student Opinion Honors for Business Schools� in the general management category. The honors list is one of six categories to appear in the April 2009 issue of Entrepreneur, the nation�s leading publication for and about entrepreneurs.
MBA students at Indiana State come from a variety of countries, backgrounds, and undergraduate majors including marketing, finance, and engineering. Nearly half are international students. Graduates have gone on to top positions in the business world and succeeded as entrepreneurs and business owners. The ISU MBA program is accredited by AACSB-International (Association to Advance Collegiate Schools of Business) and the North Central Association of Colleges and Secondary Schools. In addition to the student opinion honor, the program has been named a top business school by The Princeton Review for the past three years
�The College of Business is particularly pleased with this recognition from our students. Very positive connections among our MBA students and faculty, as well as quality teaching and administration, lead to a high level of student satisfaction and success of our graduates,� said Nancy Merritt, dean of the College of Business. �The MBA experience at ISU is enriched by interactions with industry, international and other study trips, and the diversity of student work experiences, nationalities, and prior areas of study. By graduation, students have formed long-term friendships and business contacts.�
Created by The Princeton Review, the education services company, the �Student Opinion Honors for Business Schools� are reported in six categories: accounting, finance, general management, global management, marketing and operations. Each list names 15 graduate schools of business most highly rated by their students evaluating their MBA program�s preparation in specific categories.
The Princeton Review compiled the lists using data from its national survey of 19,000 MBA students attending 296 business schools profiled in its book, Best 296 Business Schools: 2009 Edition. The 80-question survey asked students to report on classroom and campus experiences at their schools and rate their MBA programs in several areas. The Princeton Review tallied the "Student Opinion Honors" lists based on students' assessments of how well (on a five-point scale) they felt their business school courses had prepared them to succeed in each of the six areas.
In addition to appearing in the magazine, the lists are available at www.entrepreneur.com/topcolleges and
More information about the ISU College of Business MBA program is available online at www.indstate.edu/business/mba/
Source: Indiana State University


text:
The Association is composed of active, retired and recalled United States Magistrate Judges. Our purpose is to promote the efficient administration of justice, to protect the integrity, dignity and independence of the federal judiciary and to educate the public about the important role that magistrate judges play in criminal and civil cases that come into our federal court system.
The Association's website was substantially upgraded in March 2013 and we hope you find it to be vibrant and informative. While the site is designed primarily for our members, we realize the importance of educating the community about the federal courts and the importance of judicial independence in the efficient administration of justice in our courts. We also have a nationally respected Law Review with cutting edge articles written by judges, members of academia, and others. You may find these articles by clicking on the Federal Courts Law Review (FCLR) button below.
Our Association is strongly committed to promoting diversity among lawyers and judges. Many of our members participate in the Just the Beginning Foundation's Judicial Intern program which provides opportunities for diverse law students to acquire experience interning in the chambers of our members. Through our diversity committee, we host diversity panels twice a year which serve as an educational tool for young lawyers who have aspirations of one day becoming a federal judge.
If you are a guest visiting our site, we invite you to browse and learn more about us. If you are a member, please use this website to the fullest, as it is a tool that allows magistrate judges across the country to stay connected. And, if you have any suggestions for information or features you would like to see added to the website, please do not hesitate to contact me or our Association's Executive Director, Shari Bedker.
Very truly yours,
Karen L. Strombom
President, Federal Magistrate Judges Association
Celeste Bremer, Chief U.S. Magistrate Judge in Des Moines, Iowa was recently in Cairo, Egypt on an ABA Rule of Law Initiative, helping teach at the Judicial Center with an Egyptian Court of Cassation Judge, Ahmed Abo Zeid, who has also spent time in the U.S. studying mediation. According the Celeste, the teachers used very active learning methods and they received a great response from those who attended the first of two sessions. At the end of the day, the Director asked if they could come back in the next couple of months to teach two new classes (of about 250 each) of prosecutors and judges.
In June our own Karen Klein will be in Cairo leading a Train the Trainers program for judges who completed the two-day sessions that were just completed and some judges selected by the Judicial Institute or Ministry of Justice.
Welcome to the Retired Judges Corner. All may enter, without proof of age or judicial status. For example, I am retired, but working full-time on recall. As an attorney said to me recently, "Judge, you are giving retirement a bad name." But I am here because I believe this area of the FMJA website will have a lot to offer retired and recalled magistrate judges.
In districts spread across the country, approximately 40 magistrate judges serve on a part-time basis. The fact that they work as part-time judges raises some administrative issues different from those faced by full-time judges.
Read More...
In an effort to increase diversity among the federal judiciary, the Federal Magistrate Judge's Diversity Committee has formed sub-committees to prepare diversity panel presentations for FMJA Workshops in New Orleans, Louisiana, and San Diego, California. The New Orleans diversity panel presentation will consist of a ninety minute panel presentation and dialogue.
View a list of magistrate judge vacancies around the country by clicking the button below.


text:
Searched for: "mastering problem management"
- All
- Cxo (136)
- Microsoft (74)
- Enterprise Software (44)
- Developer (42)
- Data Management (39)
- Networking (39)
- Security (34)
- Open Source (33)
- Data Centers (31)
- Software (27)
- Hardware (26)
- Tech & Work (26)
- Project Management (22)
- Storage (14)
- After Hours (13)
- Mobility (12)
- Innovation (11)
- Big Data (10)
- Cloud (9)
- Apple (8)
- Banking (8)
- Collaboration (8)
- Google (5)
- Printers (4)
- Smbs (3)
- Start-Ups (3)
- Android (2)
- Social Enterprise (2)
- Virtualization (2)
- Consumerization (1)
- Eu (1)
- Tech Industry (1)
Content Types
About 692 results for "mastering problem management"
3 most popular methods for deploying Apple computers
Jesus Vigo reviews the three most popular methods for deploying Apple computers, weighing out the pros and cons of each scenario for SMB/enterprise.
7 winning tactics for coaching data analysts to be concise
You might double or triple productivity simply by educating and teaching your data scientists to be concise. Save yourself time by following these tried-and-true coaching tips.
Three cybersecurity consultants pay it forward in Florida
From recovering seawater-immersed media to providing security to SMBs, learn how three IT consultants in Florida (two of whom are former NSA employees) are helping clients and stud...
Your startup isn't disruptive, and here's why
There's a lot of talk of "disruption" in startup circles, but it can be hard to understand. Here's how to tell if your company is definitely not disruptive.
Danielle Morrill: Mattermark CEO. Early riser. Boredom killer.
Mattermark founder and CEO, Danielle Morrill, spoke with TechRepublic about her career, thoughts on the startup landscape, and her healthy disdain for boredom.
Chicago's first CDO on getting early wins, informing policy, and developing your own view
Brett Goldstein, the former chief data officer of the City of Chicago, reflects on how the CDO role is evolving, and where it needs to go.
Lisa Prosser: Data Whisperer. Master's student. Reader.
Fitch Rating's Lisa Prosser tells TechRepublic about using data in the enterprise and getting into the data mindset.
New freedom for unlocked US mobile devices
US mobile devices have now obtained a new-found freedom with SIM unlocking. Jack Wallen shares his thoughts on this new world order.
Exabeam handles security threats in real time with user behavior intelligence
Too many firms lack security visibility into their networks, while hackers prowl using stolen credentials. The solution, says Exabeam, requires user behavior intelligence.
The top tech priority of 2015: Two X chromosomes
The US continues to fall behind in preparing the next generation of STEM innovators to build the future. But, there's one big move that could help catch up.


text:
Is it UTF-16? 32? Something else?
I want to look into this for performance reasons, since I'm converting a lot of strings from UTF-8 to "native
NSString", and the performance penalty seems to land on
__CFFromUTF8, which is a built-in conversion function. Btw: I'm just guessing that
NSUnicodeStringEncoding is what is used internally, since
fastestEncoding returns that value (i.e. for international strings; when using ANSI, MacRomans is returned).


text:
SYRACUSE, N.Y. (AP) When Orange tailback Jerome Smith steamrolled through Connecticut on the first drive of the game, Syracuse sensed its game plan would work.
Did it ever.
STORRS, Conn. (AP) The University of Connecticut plans to break ground in the spring on its new basketball training center after raising $24 million toward the construction of the building.
West Virginia came into Saturday's game at Texas Tech in the drivers' seat for the Big 12 title, undefeated and eyeing a shot at the BCS championship and with quarterback Geno Smith acclaimed as a


text:
More Than Professional Astrology
Vivian is a Certified Professional Astrologer with a specialization in psychological interpretation and future projections. She is also is a Registered Nurse and Licensed Professional Counselor. She is certified both as a National Counselor and also in Distance Counseling.
Vivian Carol offers free weekly sun sign horoscopes to clients across the country on her website. Individual consultations are offered in person or over the phone. The individual consultations provide clarity in one's life through an Astrological lens. Each consultation is based upon the individual's exact birth date, place, and time.
Your Weekly Horoscope
Click on your sign below to find your horoscope for this week
Photo from NASA.org
This Week's Horoscope for All Signs
July 1--July 7, 2015
For many weeks this summer, Saturn will be semi-square to Pluto. Whatever is corrupt must be exorcised or transformed under this influence. This battle will be occurring both globally and individually. We will be pressured to consider that which is corrupt within our psyches and/or our families and take steps to clean up the parts that are run by greed. Two very important clean-ups have occurred during June: 1) The Supreme Court determined that marriage between same-sex couples is legal in this country 2) The FCC is once again in charge of broadband, which does not allow huge corporations (Pluto) to block or slow streaming to the public. There will no doubt be a huge fight over each of these because corrupt people will not give up easily. This aspect will likely bring a major push-back on the Supreme Court's 2010 Citizen's United ruling. Many people in the public eye will be exposed for their deeds.
For more commentary about the state of the world, please see the http:\\www.horoscopesbyvivian.com/blog
See what Vivian's clients have to say...
Schedule Your Reading Here!
Using your personal date, time and place of birth, lets discover the universe inside you.
Vivian Carol offers a range of professional astrology services, including horoscope readings and personal consultations. To better meet the needs of her clients, Vivian offers specialized consultations that fit the needs of most budgets.
Personal astrological services could be the remedy you need if you are looking for insight about major life events, such as a career or relationship change. You might seek an astrological consultation for more information about where your education and career should be directed. Some need it to help unblock memories from their youth.
Many people simply use it as a guide to self improvement and to more fully understand their purpose and place in life. A consultation can help guide you in the right direction, while helping you discover your true motivations and ambitions.
Or, make your appointment by emailing email@example.com or call (704) 366-3777
Payment for personal services can be made with your CREDIT CARD or by electronic draft through the secure site of PayPal.
Contact Vivian
Experiencing life transition? Vivian Carol is available for private appointments from any location by phone or locally in the Charlotte, NC office. All readings are personal and individual. A tape recording or an MP3 of the consultation will be sent to you along with a copy of your chart. Please have your date, time and place of birth handy when you call or write.
Email email@example.com or call
(704) 366-3777


text:
Welcome to the world of Experience Holidays, the experts in tailored and bespoke holidays.
Immerse and indulge yourself just for a moment, and take a trip through our website to explore, contemplate and plan your next adventure. Discover the delights of far off shores, of pristine lakes reflecting the azure sky overhead, of flora and fauna of the richest colours, shapes and sizes.
Photo courtesy of Angie Watson. An interesting and varied tailor made driving route, providing a great combination of city, coast and wildlife. The scenery is stunning throughout and this suggested bespoke itinerary can be easily dovetailed with other regions of Australia.... →
Photo courtesy of Helen Wibley. Explore the beautiful Sunshine Coast of Western Canada. This relatively short stretch of coast, north of Vancouver is often overlooked, but with an intriguing coastline, tiny ferries and welcoming communities, it is a lovely alternative for accessing Vancouver Island.... →
Image courtesy of Peter Ellis. A bespoke itinerary providing the opportunity to explore four totally different deserts in one country.... →
To receive all the latest tips an advice enter your email address below
CLICK HERE >>> to see Newsletter Archives.
Follow Us
Experience Holidays is fully bonded under the Civil Aviation Authority ATOL scheme and is a member of the
Worldchoice Consortium.
All the flights and flight-inclusive holidays sold by us on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
Book your holiday with confidence, safe in the knowledge that your money is protected and your holiday is in safe hands.


text:
Found only in the southern and southwestern forests of Madagascar, ring-tailed lemurs' diet consists mainly of… fruit, but also leaves, seeds and the occasional insect. Unlike most lemurs, which are usually found in trees, the ring-tailed lemur spends time on the ground. They form troops of up to 25 individuals and use 15 different sounds to keep the group together during foraging and to send alarms when predators are near. To help secure the future of lemurs, WWF and Malagasy conservationists are working together to establish and manage parks and protected areas in Madagascar. Show More
With this gift you will receive:
If you provide an email address for the gift recipient, they will also receive a printable, personalized adoption certificate for the species adopted.
* All Adoptions include species info card
Warning: Choking Hazard - Adoption plushes contain small parts not for children under 3 years.
*If you choose to receive a thank-you gift with your donation via WWF's Gift Center, we will ship it for free to anywhere the United States Postal Service (USPS) delivers.
Donations that include a thank-you gift are shipped via USPS First-Class / Priority Mail and may take 6 - 10 business days to be delivered in the US, 3 - 6 weeks internationally. Delivery date and time cannot be guaranteed.
For more than 50 years, WWF has been protecting the future of nature. The world's leading conservation organization, WWF works in 100 countries and is supported by almost five million members worldwide.
Your donation will be used in general support of WWF's efforts around the world. 84 percent of WWF's spending is directed to worldwide conservation activities. WWF receives high charity ratings from Charity Navigator.
World Wildlife Fund is a 501(c)(3) charitable organization.
Adoption Line: 800-CALL-WWFCustomer Service: 800-960-0993M-F: 8am-10pm ETSat: 10am-6pm ETSun: 10am-10pm ETChat SupportM-F: 9am-5pm ET
WWF Virtual Catalog.
World Wildlife Fund
1250 24th Street, N.W.
Washington, DC 20037
© 2015 World Wildlife Fund


text:
See IDRA's latest annual report, The Power of Possibility: How IDRA and its partners are changing public education.
IDRA's book, Courage to Connect: A Quality Schools Action Framework™. See how communities and schools can work together to strengthen their capacity to be successful with all of their students. Visit the book's web page to get a table of contents, excerpt, related podcasts and other resources related to this book.
We've launched the IDRA Newsletter in a mobile-ready e-Letter format! Now you can choose how you want to receive the newsletter, which is also published in print and on the IDRA website. Sign up to get the IDRA Newsletter by email today!
College Bound and Determined – IDRA Report
PSJA Proves that a School District Can Assure that All Students are College Bound
IDRA's report, College Bound and Determined, shows how the Pharr-San Juan Alamo school district in south Texas transformed itself from low achievement and low expectations to planning for all students to graduate from high school and college. In PSJA, transformation went beyond changing sobering graduation rates or even getting graduates into college. This school district is changing how we think about college readiness.
Sign up for Free Education News from IDRA
Sign up today for one or all of IDRA's has three email newsletters. The IDRA Newsletter is now available in email form. IDRA e-News gives you occasional updates, alerts, resources and education news you can use to help create schools that work for all children. And Graduation for All (English-Spanish) focuses on the nation's dropout problem and action people are taking to turn the tide.
Semillitas de Aprendizaje Bilingual Classroom Materials – Semillitas de Aprendizaje is a bilingual (Spanish/English) supplemental early childhood curriculum, developed by IDRA, based on the art of storytelling. The materials are designed for literacy development with beautifully illustrated and culturally-relevant materials for 3- and 4-year-old children and include: A set of 10 Big Books, 10 corresponding unabridged storybooks, 15 Math Books focusing on numeracy and social-emotional development, 20 Cartitas – Letters Home (10 English, 10 Spanish) with family activities for teachers to send home for parents, a Teacher Guide (Manual de Maestro) with 10 units in 196 pages to lead your students through the Semillitas de aprendizaje stories (Each unit has a set of classroom activities that include a morning song, storytelling, literacy connection with STEM explorations, center activities, phonemic awareness, writing and alphabet knowledge, English transition, family connections and informal assessment).
The Role of Conversation – Engaging Students in Critical Thinking through Dialogue
Although teachers may be proficient in their subject area knowledge, many do not employ instructional strategies that engage students in academic discourse. In this article Paula Johnson, M.A., will investigates the role that conversation plays throughout instruction toward building teacher capacity and student self-efficacy in subject matter knowledge. Providing teachers with professional learning in the use of instructional conversations and higher-order questioning is a critical element in laying the foundation for meaningful learning.
New Research and Recommendations for Education of English Language Learners - IDRA José A. Cárdenas School Finance Fellows Program Symposium Proceedings Released
IDRA held the symposium, New Research on Securing Educational Equity and Excellence for English Language Learners in Texas Secondary Schools, in February 2015 in partnership with the Office of the President and the Center on Mexican American Studies and Research at Our Lady of the Lake University. The proceedings report presents key insights from the robust discussion among the participants along with the research study conducted by Dr. Jimenez-Castellanos. The report also provides a set of recommendations useful for policymakers, educators, community and business leaders and parents.


text:
Secretary of Defense Chuck Hagel has revealed the results a four-month Strategic Choices and Management Review, He said the Pentagon would cut overhead by almost $40 billion more over the next decade, and was looking at $50 billion in savings from compensation. He said the review also pointed to possible reductions of up to 70,000 troops from the U.S. Army's active force, and up to 65,000 from the Army reserves.
How the US Mint and NIST are perfecting the money-making process.


text:
ACParadise Network: American Cosplay Paradise American Cosplay Experience American Cosplay Snapshots
Wig Information
Most Common Characters using this Wig
- Sailor Moon (21)
- Princess Serenity (10)
- Usagi Tsukino (8)
- Chibiusa / Rini (8)
- Madoka Kaname (7)
(197 costumes use this wig)
- Wig Name
- Chibi
- Fiber Type
- Heat Resistant
- Wig Length
- Medium
- Wig Style
- Straight
Recent Costumes using this Wig
- Talim from Soul Calibur 2Talim from Soul Calibur 3Harley Quinn / Dr. Harleen Francis Quinzel from BatmanMadoka Kaname from Madoka MagicaEmi Ibarazaki from Katawa ShoujoPinkie Pie from My Little Pony Friendship is MagicRise Kujikawa from Persona 4Harley Quinn / Dr. Harleen Francis Quinzel from BatmanSailor Moon from Sailor MoonEternal Sailor Moon from Sailor Moon Sailor StarsDead Master from Black Rock ShooterHatsune Miku from Vocaloid 2Eternal Sailor Moon from Sailor Moon Sailor StarsAme Warashi from xxxHoLicRecent Reviews
Reviewed by TwiliteSea
Reviewed by AimlessMorningGold
My friend and former roommate April bought me the wig! Thank you so much April!!
Reviewed by Tamao
Reviewed by KittenEarl
Reviewed by hichan
Followed this awesome tutorial on the pigtail styling by Sillywhims (http://www.acparadise.com/acp/display.php?a=14272)! Tutorial - http://sillywhims.tumblr.com/post/106845607443/im-helping-a-friend-out-with-a-chibi-usa-wig-and