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decided: April 4, 1910.
FRELLSEN AND COMPANYv.CRANDELL, REGISTER OF THE STATE LAND OFFICE OF LOUISIANA.
[ 217 U.S. Page 75]
MR. CHIEF JUSTICE FULLER delivered the opinion of the court, after reading the following memorandum:
This opinion, including the preliminary statement, was prepared by our Brother Brewer, and had been approved before his lamented death. It was recirculated and again agreed to, and is adopted as the opinion of the court.
Petitioners contend that by their tender they made a contract with the State for a conveyance of the lands in controversy; that this contract was broken, and that they were deprived of their rights thereunder by the legislation of the State and the action of its officers in pursuance thereof; that thus a Federal question arises under Art. I, § 10, of the Constitution of the United States, which forbids a State to pass a "law impairing the obligation of contracts." Their argument is briefly this: The lands were not obtained by McEnery under his contract with the State; the statute authorizing that contract provided that his payment should be solely out of the lands obtained by him from the United States. Notwithstanding this limitation, certificates were issued to him authorizing location upon any lands included within the grant of Congress by the act of 1849, and they were in fact located upon the lands in controversy -- lands which were not obtained by McEnery; that this location, even when followed by patent, did not segregate these lands from the public domain of the State, and they remained therefore open to purchase by any one complying with the statutes; that petitioners were the first and only parties who tendered to the State the prescribed price; that thereby they acquired a vested right to a conveyance by the State of the legal title.
But it is not contended that the patents were not signed by the proper officers and in due form to convey the title of the State to the patentees. It is not suggested that McEnery received any greater amount of lands than he was entitled to receive under his contract, and it does not appear from the
[ 217 U.S. Page 76]
record that the patents, on their face, disclosed any invalidity in the title conveyed. While an examination of the records would, if the facts stated in the petition are true, show that they were improperly issued yet this could be ascertained only by looking beyond the face of the patent. Now, whether the patents were wrongfully issued or could be set aside was a matter to be settled between the State and the patentee. The State undoubtedly received something, for the acceptance of every McEnery certificate released the State pro tanto from its obligation under the contract to McEnery. Whether it should remain satisfied with that payment or not was for the State to determine. If it were not satisfied it could take proper proceedings to set aside the patent, but no individual was authorized to act for the State.
The rule in respect to the administration of the public domain of the United States is well settled. In Doolan v. Carr, 125 U.S. 618, 624, Mr. Justice Miller said:
"There is no question as to the principle that where the officers of the Government have issued a patent in due form of law, which on its face is sufficient to convey the title to the land described in it, such patent is to be treated as valid in actions at law, as distinguished from suits in equity, subject, however, at all times to the inquiry whether such officers had the lawful authority to make a conveyance of the title. But if those officers acted without authority; if the land which they purported to convey had never been within their control, or had been withdrawn from that control at the time they undertook to exercise such authority, then their act was void -- void for want of power in them to act on the subjectmatter of the patent, not merely voidable; in which latter case, if the circumstances justified such a decree, a direct proceeding, with proper averments and evidence, would be required to establish that it was voidable, and should therefore be avoided."
In Hastings &c. Railroad Company v. Whitney, 132 U.S. 357, 363, Mr. Justice Lamar, who had been Secretary of the
[ 217 U.S. Page 77]
Interior, discussed the question of a homestead entry, and, after referring to Kansas Pacific Railway Co. v. Dunmeyer, 113 U.S. 629, added:
"Counsel for plaintiff in error contends that the case just cited has no application to the one we are now considering, the difference being that in that case the entry existing at the time of the location of the road was an entry valid in all respects, while the entry in this case was invalid on its face, and in its inception; and that this entry having been made by an agent of the applicant, and based upon an affidavit, which failed to show the settlement and improvement required by law, was, on its face, not such a proceeding in the proper land office, as could attach even an inchoate right to the land.
"We do not think this contention can be maintained. Under the homestead law three things are needed to be done in order to constitute an entry on public lands. . . . If either one of these integral parts of an entry is defective, that is, if the affidavit be insufficient in its showing, or if the application itself is informal, or if the payment is not made in actual cash, the register and receiver are justified in rejecting the application. But if, notwithstanding these defects, the application is allowed by the land officers, and a certificate of entry is delivered to the applicant, and the entry is made of record, such entry may be afterwards canceled on account of these defects by the Commissioner, or on appeal by the Secretary of the Interior; or, as is often the practice, the entry may be suspended, a hearing ordered, and the party notified to show by supplemental proof a full compliance with the requirements of the department; and on failure to do so the entry may then be canceled. But these defects, whether they be of form or substance, by no means render the entry absolutely a nullity. So long as it remains a subsisting entry of record, whose legality has been passed upon by the land authorities, and their action remains unreversed, it is such an appropriation of the tract as segregates it from the public domain, and therefore precludes it from subsequent grants."
[ 217 U.S. Page 78]
In In re Emblen, 161 U.S. 52, 56, Mr. Justice Gray thus stated the law:
"After the patent has once been issued, the original contest is no longer within the jurisdiction of the land department. The patent conveys the legal title to the patentee; and cannot be revoked or set aside, except upon judicial proceedings instituted in behalf of the United States. The only remedy of Emblen is by bill in equity to charge Weed with a trust in his favor. All this is clearly settled by previous decisions of this court, including some of those on which the petitioner most relies. Johnson v. Towsley, 13 Wall. 72; Moore v. Robbins, 96 U.S. 530; Marquez v. Frisbie, 101 U.S. 473; Smelting Company v. Kemp, 104 U.S. 636; Steel v. Smelting Company, 106 U.S. 447; Monroe Cattle Company v. Becker, 147 U.S. 47; Turner v. Sawyer, 150 U.S. 578, 586."
See also McMichael v. Murphy, 197 U.S. 304, 311.
Obviously, in this case the Supreme Court of Louisiana followed the practice obtaining in respect to the public lands of the United States. But if it had not and had declared simply the law of the State of Louisiana its decision would, doubtless, be controlling on this court, for, in the matter of the sale and conveyance of lands belonging to the public no one State is obliged to follow the legislation or decisions of another State, or even those of the United States, but may administer its public lands in any way that it sees fit, so long as it does not conflict with rights guaranteed by the Constitution of the United States.
Counsel criticize the opinion of the Supreme Court of Louisiana, in that it speaks of all the lands as having gone to patent while it is said in the petition that some of the assignees "stood upon the certificates." Whether the language of the petition technically justifies the construction placed upon it by the Supreme Court of the State, is immaterial. Certainly, there is no naming of any single tract as covered by certificate alone and not patented, and if any tract was held under a certificate of location it was, within the scope of the ruling
[ 217 U.S. Page 79]
of the Supreme Court, not subject to other entry or purchase.
We see no error in the ruling of the Supreme Court, and its judgment is
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No other .22 LR pistol provides the feel of the classic 1911 pistol with the proven reliability and value of the Ruger Mark III pistols. The perfect trainer, it allows for low-cost practice and provides shooters with the familiar and preferred grip shape and feel of the famous 1911 .45 caliber pistol. In addition to the identical grip angles, the 22/45 features the same manual safeties, magazine releases, and bolt hold-opens as the 1911, making them perfect for .45 caliber shooters looking for an affordable way to train. The patented loaded chamber indicator provides visual and tactile indication that the chamber is loaded and the internal cylindrical bolt construction ensures permanent alignment and higher accuracy potential than conventional moving-slide designs. The Hunter models come standard with fluted barrels and adjustable fiber-optic sights. This single-action pistol features a polymer frame, a bull barrel, a 2-position safety, and a Weaver-style scope-mounting base and comes with two 10-round magazines and the original factory hard case. Its grips, its metal, and its bore are all in excellent condition.


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Best Practices in Budgeting, Planning and Forecasting Webinar Recordingby arcplan
In case you missed arcplan's webinar on August 7th, Best Practices in Budgeting, Planning and Forecasting/CPM, here's the recording to view at your convenience:
Note that the recording will stream as a WMV file.
This webinar is chock full of lessons learned from arcplan Edge deployments. Our Senior Vice President of Solutions Delivery, Dwight deVera, presents information you can use to guide your future CPM software implementations. As you'll see, budgeting and planning project success comes down to a few factors: keeping expectations and scope in check, putting the right team in place, and selecting the ideal technology platform that gives all stakeholders what they need.
Leave us a comment if you have any questions!
Webinar: Best Practices in Budgeting, Planning & Forecasting/CPM Deployments – August 7, 2012by arcplan
Join arcplan on Tuesday, August 7th @ 2pm Eastern for our free webinar on Best Practices in Budgeting, Planning & Forecasting/CPM Deployments, presented by our Senior Vice President for Solutions Delivery, Dwight deVera. This 60-minute webinar reviews a myriad of "know before you go" considerations for executives, finance teams, and planning professionals evaluating BP&F/CPM software.
We'll discuss:
- How to translate your planning process into system design requirements
- How to manage expectations and avoid scope creep
- The "gotchas" and obstacles you may face during deployment and how to overcome them
- Who should comprise your budgeting & planning team and their responsibilities
- The elements of an ideal budgeting & planning system
- And much more
We'll also host a live Q&A at the end of the webinar.
You'll come away from this presentation knowing everything it takes to achieve a successful technology deployment that enables you to dynamically adjust your plans on a monthly basis.
Hope to see you there.
The 2 Most Common Budgeting, Planning and Forecasting Frustrationsby Monique Morgan
Ask a sales manager what ABC means and the response, often with a smile, will be "Always Be Closing." This concept makes sense for the sales manager but unfortunately, many finance managers are "always closing" too – and they're not smiling about it. The budgeting, planning and forecasting (BP&F) cycle is too often the most dreaded time of the year. A recent report from Ventana Research revealed that the BP&F process "typically eats up 10 – 15% of the finance team's time, and it takes 5 – 10 months to complete the full cycle in large organizations." So how does the finance team get anything else done if we're talking about a 10-month process?
Few organizations are insulated from the challenges of financial reporting and planning. The process continues to cause pain because there are many moving parts that finance managers and planners need to balance and many individuals who contribute to them. We've found that many of the finance team's concerns boil down to the following 2 issues, both of which can be addressed with a dedicated, comprehensive BP&F tool.
1) You've outgrown your current process. For some, planning consists of Excel spreadsheets and a notepad. We recently spoke to one $3 billion company that is still managing their planning this way! In a previous post, we looked at some of the indicators for when you need to move on from your current BP&F process: multiple versions of the same spreadsheets used by different people, time wasted consolidating spreadsheets rather than analyzing data, and limited visibility. These are all signs that it's time to graduate to a corporate performance management solution or dedicated BP&F software (like arcplan Edge), investing in a tool that is centralized, adaptive, and allows you to deliver the value that your business needs. Inefficient data collection and multiple versions of spreadsheets lengthen the BP&F cycle unnecessarily, reducing the value of the entire process.
Common Challenges That Undermine Your Budgeting, Planning and Forecastingby Dwight deVera
For many financial planners out there, budgeting, planning and forecasting equals spreadsheets. Dozens or hundreds of them – that's just the reality. You've accepted the fact that come the end of the fiscal year, you and your cohorts will be chained to your desk piecing together various versions of spreadsheets from each department and hoping that after several weeks of this, you're able to consolidate the numbers into a workable budget for the next year. And then you hit a sales roadblock halfway through the year and have to forecast the impact…and go through all of this again.
The sheer amount of work this process takes is not the only challenge you face, and you're not alone. Let's take a closer look at 4 of the common challenges that are undermining your ability to be truly productive and add value when it comes to budgeting, planning, and forecasting.
Have you ever tried driving at night without headlights? I haven't, but I can tell it's a bad idea. In the same vein, your visibility issues when it comes to budgeting and planning mean you might be driving blind and that's a bad idea for organizations that want accurate budgets and forecasts for the year/6 months/quarter ahead. Can you relate to these complaints?
- I'm unable to get real-time data from IT.
- The data I do get is siloed.
- We need to cut our sales plan back 10% and I have no way to see the financial impact, let alone quickly notify budget managers of the change.
Visibility issues might vary in complexity but they all mean the same thing: making decisions with inadequate or outdated information can inject serious error into every process at your organization. If you have old data to plan with, your budgets may be unrealistic. If you can't provide timely insight to your budget managers, they can't make good decisions (as would be the case with #3 above).
And if you're not providing value-added contributions to the budgeting and planning process, your role as a planner will be undermined.
Have You Outgrown Your Old Budgeting, Planning, and Forecasting Process?by Dwight deVera
Is your budgeting, planning, and forecasting process no longer useful to your organization? Does it take too long, involve cumbersome spreadsheets, and result in obsolete information? You're not alone. Many of our clients came to us with these same complaints. In fact, we work with a hospital in New Jersey that used to collect 200 spreadsheets at the beginning of every budget cycle, then ended up with multiple versions of each spreadsheet by the end of the process…though now that I think about it, I'm not sure their budget cycle ever actually ended. It just merged into next year's!
That is an obvious example of a company that had outgrown its budgeting and planning process. But some situations aren't so obvious. You know you and your planners suffer at the end of every fiscal year, but is it so much that you should consider graduating to the next level of planning?
Here's 5 ways to know if you're ready to move on to a more sophisticated method of budgeting and planning:
1) You're beyond the 6/6 spreadsheet rule.
Spreadsheets are excellent tools for individual tasks and ad-hoc reporting, but are poorly suited to repetitive, collaborative, enterprise-wide functions such as budgeting and planning. One rule of thumb that says, "If more than 6 people will use it more than 6 times, you should consider an alternative."
2) Time constraints are limiting the amount of re-planning you can accomplish.
The best time to gain an advantage in the market is during a downturn. While your competitors may have been cutting costs during the recent economic crisis, if you had more agile planning processes in place, you would have anticipated change better and been more nimble in adjusting your business.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Of the top 150 medications that are sold by prescription in the U.S. 118 of these are medications that are either "derived from or modeled on naturally occurring substances." (SEAM Global, 2005) Some of the medications that count on habitat presently being destroyed are "aspirin, morphine, vincristine, taxol, digitalis, and most antibiotics."(SEAM Global, 2005)
VI. Internet/Networking: Role Played in Preservation
Through global and subglobal assessments of the ecosystem and monitoring of data in relation to global changes information may be shared from one region to another and earlier attempts made in changing, slowing or altogether avoidance of more extreme conditions. As stated on the web page of "GreenFacts.org": "Some ecosystem problems have been reduced by innovative local responses...Therefore institutions are needed at multiple levels to strengthen the adaptive capacity and effectiveness of sub-national and local responses. (GreenFacts.org, 2005)
VII. Globalization and Changes in Production
Changes have been seen in the production of goods since the move of globalization began. For example food once produced on farms is now mass produced with livestock crammed and jammed as close as they can possibly be fit into cages and pens. Steroids are shot into these tortured animals which are often given antibiotics to keep them from dying from the poor conditions. Production of clothing and other types of goods have been moved to underdeveloped countries where cheap labor is shamelessly had and children are often hired as workers and exploited in the poor conditions with low pay.
VIII. The World Trade Organization (WTO)
The World Trade Organization (WTO) and the body of trade laws is backed by an "powerful enforcement mechanism" (Dawkins, 2005) Its' dispute settlement body can require national governments to change national and local laws that interfere with a foreign company's right to trade or face sanctions." In other words is the World Trade Organization, in a dispute agrees that the laws of trade in one country hinders another countries trade, then the country who is 'hindering trade' can be forced to "reform that law or forfeit millions of dollars of export revenues." recent case that will likely set a legal precedent is the request of the U.S. Of the WTO Dispute settlement body in the determination whether or not the EU regulations of genetically engineered food and seed imports are an illegal barrier to trade because they are not scientifically justified."(Dawkins, 2005)
IX. Global Linkages
Today's consumption patterns are extremely unsustainable and as well they are inequitable in nature. While only 1/5 of the world's population is composed by the riches countries of the world, 45% of the total meat consumption is credited to these countries along with 58% of energy use, 84% of paper use and 87% of the total vehicles owned world wide are vehicles in these rich countries. The poorest 1/5 of the world population which equals approximately 1 billion people lack food, shelter, housing, water and sanitation as well as access to electricity.
X. Environmental Activism's Evolution
Activism in years gone by meant appearing at public places, assembling for rallies and protests and other publicly attended events. However, today in the Internet age it is possible to create waves without ever leaving home. In the privacy of one's own home the activist can write the President of the U.S. And send it and it be received by the President on the very same day. The Internet has brought the activist the benefit of being able to protest from afar, to join with others of the same mind and in a coordinated effort to make a difference in the world.
XI. Sustainability Explained
Sustainability is a terms which means that the individual human being is sustained or provided for by a set amount or measurement acreage of land. Yet, there is not enough land in existence today to sustain the population of the earth at the rate of consumption presently being witnessed. The approach of late is one which is systematic in nature and emphasizes the need to:
Make goods and services serve sustainable development: meeting basic needs, improving quality of life, raising efficiency, and regenerating the environment.
Reform the underlying patterns of demand, such as market forces, demographics, social and cultural values, technology, regulations and infrastructure.
Use the demand side to lever long-term social, economic and environmental benefits in use and along the product chain.
Influence the purchase, use and disposal choices made by corporations and public authorities, not just individual consumers.
Identify innovative political, cultural and market approaches to comprehending and changing complex patterns.
A seven point agenda in achieving the global shift are shown in the Chart labeled Chart 1.0 below:
Chart 1.0
It is clear that patterns of consumption, of land development, pollution, waste, genetic modification of food products, and this to list only a few of the many destructive practices of the world today that all nations of earth are in serious danger of coming to understand through experience the dismal existence that has been forced upon the underdeveloped countries of the world for many generations. It is clear as well that should the world continue without amending the present practices in use of fossil fuels and other wasteful practices that sustainability will only be a topic for the few organisms remaining after the extinction of mankind and all higher life forms upon the earth. Some plan of action for addressing the problems in terms of the environment, ecology, and the state of existence of those in countries that lack food, shelter and proper healthcare are urgent in nature. It is time that the people of the world awake from the blissful stupor of over-consumption and over-indulgence and demand that those in leadership positions support the efforts of those who have already initiated plans for addressing these problems and that these leaders are required to seek solutions while in their positions in office.
Works Cited
Globalization's Effects "A World Connected" Online available at http://www.aworldconnected.org/article.php/231.html
Shah, Anup (2005) Effects of Consumerism 2005 April 18 Online available at http://www.globalissues.org/TradeRelated/Consumption/Effects.asp
Globalization: Negative Effects of Development (2005) Walon Laboratories Online available at http://whalonlab.msu.edu/Student_Webpages/2003_EC_Projects / Globalization/page_6.html.
Robbins, Richard H. Global Problems and the Culture of Capitalism. Allyn & Bacon. Copyright: 2002.
Union of Concerned Scientists: Global Environment: Invasive Species Online available at: www.ucsusa.org/global_environment/invasive_species/index.cfm.
The Loss of Biodiversity and Its Negative Effects on Human Health (2005) SEAM Global Online available at http://seamglobal.com/lossof
Facts on Ecosystem Change (2005) Ecosystem Change Summary Page Online GreenFacts ORG available at: www.greenfacts.org/links/webmaster/summary-page/ecosystem-change.htm.
Globalization and the Environment[continue]
"Globalization And The Environment This" (2005, April 28) Retrieved December 4, 2016, from http://www.paperdue.com/essay/globalization-and-the-environment-this-64585
"Globalization And The Environment This" 28 April 2005. Web.4 December. 2016. <http://www.paperdue.com/essay/globalization-and-the-environment-this-64585>
"Globalization And The Environment This", 28 April 2005, Accessed.4 December. 2016, http://www.paperdue.com/essay/globalization-and-the-environment-this-64585
This is true in fresh and well as salt wate, zinc seems to spread more rapidly in sea water, even affecting higher animals (Taban, Cathiene and Burkard, 1982). Research Project - The term scientific method refers to a way of investigation or the acquisition of knowledge through the testing of a theory or hypothesis, then working through measurements (observation and empirical notes) to come up with a result, which should
Environment and Economic Globalization It is certain that as people we appraise the value of certain concepts and ideas in various manners, our perception of these many times are dependent on our culture, class, and social upbringing. For some it is of great importance to step outside their home in the morning and enjoy a breath fresh air. When they pass by a factory emitting CO2 emissions into the atmosphere
Globalisation leading cultural damage exploitation uderdeveloped nations peoples." It include (a) Definitions "Globalisation" (b) Logic linking globalisation free market processes liberal creed. Negative effect of globalization to under developed countries Globalization has been a widely discussed topic among various authors, economics and business analysts and its' from the studies and research that the essay has been built on. First the essay will explain what globalization is and some of the characteristics of
Globalization Impacts of globalization Globalization is a broad term that can be used in varied perspectives. It can be defined as global outlook of various nations of the world coming together to join hands more particularly on economy, politics and education. It as well empowers a view for the whole world at large without considering national identity making it to narrow the world by bringing citizens of all nations closer. This paper
Globalization Changing the Role of Managers How Globalization is Changing the Role of Managers? A manager is responsible for making the most of the individual, economic, informational and material resources in ways that could assist the attainment of the overall objectives of his/her organization. However, most of the managers have a very little understanding of achieving the goals in a disordered or antagonistic environment. In addition to this, they become more challenged
Globalization and Public Administration globalization in public administration / Human resources in Pub. Admin. Future of public administration given globalization trends The field of public administration is reliant on globalization to obtain up-to-date information on the issues surrounding daily work performances. This aspect sets in the perspective of efficiency and accuracy in decision making with a more sure measure to attain a specified goal. The fields of public relation in the future will
The global "mindset" that companies must have is defined as "…the ability to develop and interpret criteria for business performance" that are not relying on the "assumptions of a single country, culture or context to implement those criteria appropriately…" (Begley, et al., 2003). Begley and colleagues insist that the "truly globalized corporation" sees globalization as more of a "mind-set" than a "structure" per se (p. 1). The three mind-sets that


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The average cost for a Exhaust Muffler Replacement is between $1090 and $1216. Labor costs are estimated between $140 and $178 while parts are priced between $950 and $1038. Estimate does not include taxes and fees.
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United States District Court, N.D. Illinois, Eastern Division
October 31, 2014
Harleysville Lake States Insurance Co., Plaintiff/Counterdefendant,v.Lancor Equities, Ltd., et al., Defendants/Counterplaintiffs.
GERALDINE SOAT BROWN, Magistrate Judge.
Before the court are Defendants'/Counterplaintiffs' Lancor Equities, Ltd. and Western Properties LP's Motion to Compel (Defs.' Mot. [dkt 95]) and Plaintiff's/Counterdefendant's Motion to Strike the Affidavit of Charles M. Miller (Pl.'s Mot. [dkt 102]). For the reasons set forth below, the motion to compel is granted in part and denied in part, and the motion to strike is denied.
Plaintiff/Counterdefendant Harleysville Lake States Insurance Company ("Harleysville") brought this action pursuant to 28 U.S.C. § 2201, seeking a declaration that the commercial property insurance policy it issued to Lancor Equities, Ltd. and Western Properties, LP (collectively, "Lancor") does not cover loss and damage resulting from a fire on December 29, 2012. (Pl.'s Compl. ¶ 1.) [Dkt 1.] Harleysville claims that the building's sprinkler system had been rendered inoperative months before the fire and never repaired. ( Id. ¶ 8.) Harleysville denied Lancor's claim based on an "Increased Hazard" exclusion in the policy: "We' do not pay for loss occurring while the hazard has been materially increased by any means within your' knowledge or your' control." ( Id. ¶ 16 (quoting policy).)
After denying Lancor's motion to dismiss (Mem. Opinion and Order, Feb. 18, 2014 [dkt 64]), the District Judge ordered fact discovery to be completed by October 6, 2014 (Order, May 6, 2014 [dkt 78]). Lancor then filed its answer and counterclaims, including a counterclaim seeking taxable costs and attorneys' fees and a $60, 000 penalty pursuant to Illinois Insurance Code § 155, which provides in part:
In any action by or against a company wherein... it appears to the court that such action or delay is vexatious and unreasonable, the court may allow as part of the taxable costs in the action reasonable attorney fees, other costs, plus [a penalty.]
215 Ill. Comp. Stat. § 5/155(1). (Defs.' Answer and Ctrclm.) [Dkt 82.] Harleysville moved to bifurcate or stay proceedings on Lancor's counterclaim because, it argued, Lancor is ineligible for § 155 relief until it has been established that Lancor is entitled to coverage under the policy. (Pl.'s Mem. in Support of Mot. to Bifurcate at 2-3.) [Dkt 92.] The District Judge denied Harleysville's motion to bifurcate or stay proceedings on the § 155 claim. (Order Denying Mot. to Bifurcate.) [Dkt 94.] The parties then jointly sought to extend discovery by 30 days. (Joint Mot. Enlargement of Time.) [Dkt 99.] The District Judge granted the motion and ordered all fact discovery to be completed by November 7, 2014. (Order, Sept. 11, 2014.) [Dkt 101.]
Lancor served 18 document requests, and Harleysville objected to many of them. (Defs.' Mot., Corrected Ex. A.) [Dkt 120.] Lancor then filed the present motion seeking an order compelling Harleysville to produce additional documents. As described below, the parties have resolved a number of the initial disputes but some disputes remain.
"Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense...." Fed.R.Civ.P. 26(b)(1). Discovery, though broad, is not unlimited. A court must, on a motion or on its own, limit the frequency or extent of discovery if it determines that:
(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;
(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or
(iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.
Fed. R. Civ. P. 26(b)(2)(C).
Looking at the claims in this case, Harleysville's complaint is a straightforward insurance coverage declaratory judgment action. Lancor's counterclaim under § 155 is a request for a statutory remedy that is contingent on the result of the declaratory action. If Harleysville is correct that there is no coverage for Lancor's claim, Lancor's § 155 claim will necessarily fail. Because Lancor argues that its discovery requests are necessary for its § 155 claim ( see, e.g., Defs.' Reply at 5 [dkt 109]), it is important to review the nature of that claim.
Section 155 is "a limited statutory exception" to the rule that attorneys' fees and punitive damages are not generally available in breach of contract actions. Cramer v. Insurance Exchange Agency, 675 N.E.2d 897, 901 (Ill. 1996). It was created by the Illinois General Assembly to deal with the situation where "the holder of a small policy may practically see his whole claim wiped out by expenses if the [insurance] company compels him to resort to court action, although the refusal to pay the claim is based upon the flimsiest sort of pretext." H. Havinghurst, Some Aspects of the Illinois Insurance Code, 32 U. Ill. L. Rev. 391, 405 (1937), quoted in Cramer, 675 N.E.2d at 901. It is not a "prevailing party" provision. To recover under § 155, Lancor must not only prevail on the coverage issue, it must show that Harleysville's actions or its denial of coverage were "vexatious or unreasonable."
An insurer's actions are not vexatious and unreasonable if "(1) there is a bona fide dispute concerning the scope and application of insurance coverage; (2) the insurer asserts a legitimate policy defense; (3) the claim presents a genuine legal or factual issue regarding coverage; or (4) the insurer takes a reasonable legal position on an unsettled issue of law."
TKK USA, Inc. v. Safety Nat'l Casualty Corp., 727 F.3d 782, 793 (7th Cir. 2013) (quoting Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 200 F.3d 1102, 1110 (7th Cir. 2000).)
A § 155 claim is not the equivalent of a separate claim in contract or tort for an insurer's bad faith refusal to pay insurance benefits, which Illinois does not recognize except in the context of an insurer's failure to act in good faith in response to settlement demands. Cramer, 675 N.E.2d at 903-04. Where the insurer has denied coverage, the insured is limited to a breach of contract action with the additional remedy created by the legislature in § 155. Id. at 904. "The fact that a policyholder cannot recover as much as he could in tort arises from the fact that contract law imposes limitations on recovery." Id. To the extent that Lancor's arguments rely on cases from other states that allow a separate bad faith claim or upon Illinois cases that predate the Illinois Supreme Court's decision in Cramer, those cases do not reflect current Illinois law.[1]
Whether to award a remedy under § 155 is a factual determination decided within the court's discretion. West Bend Mut. Ins. v. Norton, 940 N.E.2d 1176, 1179 (Ill.App. 2010); Draper v. Stamps, No. 1-13-1408, 2014 WL 4101202 (Ill.App. Aug. 19, 2014) (collecting cases). Both sides in this case agreed at a hearing on Lancor's motion that the § 155 claim will be decided by the court, not by a jury. In deciding whether to award § 155 relief, the court considers "the totality of the circumstances, including the insurer's attitude, whether the insured was forced to sue to recover, and whether the insured was deprived of the use of his or her property." American States Ins. Co., v. CFM Constr. Co., 923 N.E.2d 299, 308 (Ill.App. 2010). As that case illustrates, the "totality of the circumstances" refers to the circumstances of the dispute between the insured and the insurer. Id. at 308-09. Because a § 155 remedy is not awarded where there is a bona fide dispute concerning coverage, "Illinois courts routinely determine whether an insurer had a bona fide coverage dispute (such that its conduct was not unreasonable and vexatious) without holding an evidentiary hearing where, as here, the underlying facts are undisputed." Draper, 2014 WL 4101202 at * 5 (collecting cases).
When considering what discovery is appropriate on the § 155 claim, the court is required by Fed.R.Civ.P. 26(b)(2)(C) to recognize that the § 155 claim is the tail on the dog, not the dog itself. The purpose of that claim is to allow Lancor, if successful, to recoup what it spent to prevail on the contract claim, plus the statutorily prescribed penalty, but not if Harleysville's denial was a bona fide coverage dispute. It would make little sense to have the costs and attorneys' fees spent in litigating the § 155 claim approach the fees incurred in litigating the coverage claim.
The Seventh Circuit recently reminded trial courts not to allow parties to "overlitigate" claims, particularly in cases where fee-shifting is a possibility.
Trial judges have substantial case-management authority to control the course of litigation in their courts. In cases lacking private incentives to limit the scope of litigation, active judicial oversight can help prevent straightfoward cases like this one from spiraling out of control.... Reasonable limits on discovery and trial preparation can effectively channel the effort of counsel before excessive time and resources are expended.
Montanez v. Simon, 755 F.3d 547, 552 (7th Cir. 2014) (emphasis in original).
Here, the mandate to set reasonable limits on discovery is reinforced by the fact the District Judge maintained the same fact discovery cut-off after denying the motion to defer the § 155 claim, with just a short extension requested by the parties. This suggests that the District Judge is not anticipating extensive discovery on the § 155 claim.
Neither Lancor's document requests nor the parties' briefs expressly distinguish between requests that relate to the complaint and those which relate to the § 155 claim, although as noted above, Lancor argues that its requests are relevant to its § 155 claim. Because the action was not bifurcated, discovery must proceed on both claims, and the court must order discovery where appropriate even if the discovery could only lead to admissible evidence on one of the claims.
As an exhibit to its motion, Lancor included a declaration by Charles Miller who states that Lancor retained him to provide an expert opinion on whether Harleysville "complied with the insurance industry practices and standards for claims handling in its handling of Lancor's insurance claim...." (Defs.' Mot., Ex. C, Decl. Charles Miller ¶ 1.) Mr. Miller states:
The documents requested by Lancor are highly relevant to any evaluation of Harleysville's handling of Lancor's claim.... Overall, the documents sought are likely to reveal whether or not Harleysville complied with insurance industry claims handling standards and practices and as such, they are essential to any complete evaluation of Harleysville's handling of Lancor's claim.
(Id. ¶ 9, 10.)
Harleysville has filed a motion to strike Mr. Miller's declaration and a memorandum in support of that motion. (Pl.'s Mot. [dkt 102]; Pl.'s Mem. [dkt 103].) Harleysville argues that the Mr. Miller's comment that the documents are "relevant" is an improper legal conclusion. (Pl.'s Mem. at 2.) Harleysville correctly observes that determinations of relevance are solely the domain of the court. ( Id. at 3.) "The only legal expert in a federal courtroom is the judge." U.S. v. Lupton, 620 F.3d 790, 800 (7th Cir. 2010) (quoting U.S. v. Caputo, 517 F.3d 935, 942 (7th Cir. 2008).) Lancor responds that Mr. Miller intended to express the relevance of the requested documents to his evaluation and to guide the court as to why Mr. Miller believes he needs the documents. (Defs.' Resp. at 3.) [Dkt108.] Taking the declaration in that light, the motion to strike is denied. The proper scope of discovery, however, is to be determined by the court, regardless of what Mr. Miller believes he needs for his opinion.[2]
The parties have resolved some of the disputes originally presented in Lancor's motion. Lancor's Request Number 1 sought claim handling policies, practices, and procedures. (Defs.' Mot. at 5.) Lancor further clarified this request in an email to Harleysville on September 1, 2014, limiting the request to Harleysville's Code of Ethics for 2012. (Defs.' Reply, Ex. A.) [Dkt 110.] In a hearing on October 2, 2014, Harleysville agreed to produce the Code of Ethics for 2012. (Continued Hearing on Defs.' Mot. 10/02/2014.) Also not in dispute is Request Number 3, which sought complaints against Harleysville from 2009 to present. (Defs.' Mot. at 7.) Lancor subsequently limited that request to complaints and answers filed between 2009 and 2012 in Illinois state and federal court in cases concerning the commercial output policy, the "Mortgagee Provisions, " and the "Increased Hazard" exclusions within that policy. (Defs.' Reply, Ex. A.) Harleysville agreed to produce the requested documents, while also expressing concern about additional discovery or 30(b)(6) depositions arising from it. (Continued Hearing on Defs.' Mot. 10/02/2014.) Regarding Request Number 10, which seeks underwriting manuals and procedures, and Request Number 11, which seeks loss control manuals and procedures, Harleysville did not indicate any dispute in its briefing or in the motion hearing. (Pl.'s Resp.) [Dkt 105.] (Continued Hearing on Defs.' Mot. 10/02/2014.) Disputes remain concerning Requests 2, 4, 5, 6, 7, 8, 12, 15, and 17.
Request Numbers 2 and 12
Request Number 2 seeks "[a]ll documents used by or referred to by Harleysville in interpreting the provisions and exclusions contained in the Policy including but not limited to, manuals, technical bulletins, publications, guidelines, memos, standards, criteria, interpretive materials, and practices and procedures." (Defs.' Mot., Corrected Ex. A at 5.) Request number 12 seeks "[a]ll documents concerning drafting, drafting history, origin, definition, meaning, construction, interpretation, application and/or modification of the Increased Hazard' exclusion raised in the Complaint." ( Id. at 9.) Harleysville argues the information is irrelevant and not calculated to lead to the discovery of admissible evidence because a court does not consider extrinsic evidence like drafting history in construing unambiguous policy language. (Pl.'s Resp. at 3 (citing Travelers Ins. Co. v. Eljer Mfg., Inc., 757 N.E.2d 481, 495-96 (Ill. 2001).) Harleysville states that its Increased Hazard provision is unambiguous (Pl.'s Resp. at 4), but the District Judge has not determined whether that is so.
Although the parties lump them together, the requests are analytically different. Request Number 2 is plainly overly broad for any purpose in this litigation. Many "provisions and exclusions" in the policy at issue are not at issue in this case, and to compel Harleysville to produce any documents consulted by Harleysville at any time under any circumstances with respect to any of the policy terms that are at issue in this case is well beyond what is appropriate under Fed.R.Civ.P. 26(b)(2)(C).
In its motion, Lancor says that it is looking "notably" for documents relating to the Mortgagee Provision and the Increased Hazard exclusion. (Defs.' Mot. at 6.) What is relevant and within the proper scope of discovery with respect to both the claim and the counterclaim are documents, if any, to which Harleysville referred or which Harleysville used to interpret the "Mortgagee Provisions" and the "Increased Hazard" exclusion in determining that Lancor's loss was not covered. The motion is granted to require production of any such documents.
With respect to Request Number 12 concerning the drafting history of the Increased Hazard exclusion, courts have considered the drafting history of an ambiguous provision. See, e.g., Alberto-Culver Co. v. Aon Corp, 812 N.E.2d 369, 380-81 (Ill.App. 2004) (considering evidence that the insurer had modified a provision in response to an earlier accident). At the hearing on Lancor's motion, Harleysville's counsel represented that it does not possess documents relating to the drafting history of the Increased Hazards exclusion because it did not draft the exclusion. (Continued Hearing on Defs.' Mot. 10/02/2014.)[3] The motion is granted as follows: Harleysville must produce all documents reflecting any modification of the Increased Hazards exclusion between 2009 and 2012, and all documents reflecting any involvement by anyone on behalf of Harleysville in the drafting of the Increased Hazards exclusion or any modification of it. If Harleysville has no such documents, it must amend its document response to so state.
Request Numbers 4, 5, and 8
Request Number 4 sought Harleysville's personnel files for all personnel involved in Lancor's claim, including background, qualifications, training, performance evaluations, and compensation information from the files. (Defs.' Mot. at 7-8.) Request Number 5 sought performance goals, plans, and objectives for such personnel. ( Id. ) Request Number 8 sought documents related to the basis in which Harleysville employees are compensated, including incentive or bonus programs. ( Id. at 9-10.) Lancor subsequently limited Requests 4 and 5 to the performance evaluations, performance goals, and incentive bonus compensation between 2009 and 2012 for only the personnel involved in Lancor's claims. (Defs.' Reply, Ex. A.) Lancor limited Request Number 8 to the documents describing the incentive bonus plan testified to by Gary O'Rourke and how bonuses are earned under that bonus plan. ( Id. ) Mr. O'Rourke, who apparently is or was a Harleysville employee, testified that there was a bonus program at Harleysville based on "how well the company is doing" and "meet[ing] certain financial goals." (Defs.' Reply, Ex. B, Dep. Gary O'Rourke at 60, 63.)[4]
Relying on cases from other jurisdictions, Lancor argues that these documents "are discoverable in a bad faith action, as they may provide evidence of an improper corporate culture or inappropriate reasons for the insurance company's actions regarding the claim." (Defs.' Mot. at 8.) Harleysville argues that no Illinois case supports those requests, and also asserts that Lancor's analogy to the common law bad faith tort cases is inappropriate. (Pl.'s Resp. at 6-7.)
As discussed above, Illinois does not recognize a "bad faith claim" in either tort or contract. Any remedy Lancor may receive, if it demonstrates that Harleysville wrongly denied its claim and that the denial was vexatious or unreasonable, is limited to § 155. See Cramer, 675 N.E.2d at 904. The absence of any Illinois cases allowing such discovery on a § 155 claim is likely the result of the difference between that remedy and a bad faith tort claim. Discovery in jurisdictions that recognize a bad faith tort claim could reasonably be broader because the required proof is different - including an element of subjective intent - and the potential recovery is different.[5] Accordingly, Lancor's Requests 4, 5 and 8 are not reasonably calculated to lead to admissible evidence.
Furthermore, even if there were some arguable relevance, Fed.R.Civ.P. 26(b)(2)(C)(iii) guides the court to the conclusion that the discovery Lancor seeks in Requests 4, 5 and 8 is not proportionate to the § 155 claim. Delving into the performance evaluations of the persons involved in Lancor's claim and exploring the nature of Harleysville's employee bonus plan would set the parties off on a path of extended discovery that would multiply attorneys' fees and costs disproportionately to the limited remedy § 155 allows. Such an exercise would go far afield from what is considered in deciding if Harleysville's denial was "vexatious or unreasonable" under the applicable standard. See TKK USA, 727 F.3d at 793 ( see supra section on scope of discovery). It would likely require weeks if not months of additional discovery time, precisely the type of discovery "spiraling out of control" that the Seventh Circuit's decision in Montanez directs trial courts to prevent. Accordingly, Lancor's motion is denied as to Requests 4, 5, and 8.
Request Numbers 6 and 7
Lancor's Request Number 6 sought all documents related to any Harleysville quality assurance program since 2009. (Defs.' Mot. at 9.) Lancor's Request Number 7 sought "[a]ll documents related to Harleysville's strategies, programs, plans, directives, goals, incentives, etc., developed since 2009 relating to tracking and measuring the amount of overpayment or underpayment on a claim...." (Defs.' Mot., Corrected Ex. A at 6-7.) Lancor subsequently limited those extremely broad requests somewhat and is now seeking "documents setting forth the manner in which closed files are reviewed, the results of the reviews for the period 2009-2012 for Illinois claims, and the reviews of closed files handled by the personnel involved in the claims." (Defs.' Reply, Ex. A).
Harleysville again observes that no Illinois case law supports Lancor's requests and further states that the claim at issue in this case remains open. (Pl.'s Resp. at 6-7.) In reply, Lancor simply points to Mr. Miller's declaration. (Defs.' Reply at 7.)
Even considering Mr. Miller's declaration, it is not clear how documents about Harleysville's review of closed cases will lead to admissible evidence that Harleysville's denial of Lancor's claim was unreasonable or vexatious. Lancor's Request 6 and 7, even as modified, would require Harleysville to search for and produce four years of material covering cases unrelated to Lancor's claim. As with Requests 4, 5 and 8, even if there were, arguendo, some marginal relevance, that is outweighed by the factors set forth in Fed.R.Civ.P. 26(b)(2)(C)(iii). The motion is denied as to Requests 6 and 7.
Request Number 15
Lancor's Request 15 seeks documents related to Harleysville's loss reserve history for the fire loss and ensuing claim. (Defs.' Mot., Corrected Ex. A at 10.) Harleysville argues that loss reserve information is not relevant to the interpretation of the policy. (Pl.'s Resp. at 11.) Apparently, Lancor does not contest that point; rather, Lancor argues that loss reserve information is discoverable on a bad faith claim. (Defs.' Mot. at 13.)
A loss reserve' is, in simple terms, the insurer's own estimate of the amount which the insurer could be required to pay on a given claim. This not only helps insurers budget' their finances, but is generally required by statute or regulation as to the aggregate of the claims against the insurer.
17A Steven Plitt, Daniel Moldonado, Joshua D. Rogers, and Jordan R. Plitt, Couch On Insurance § 251:29 (3d ed.).
Lancor cites a number of cases from jurisdictions other than Illinois. (Defs.' Mot. at 13.) As discussed above, a § 155 claim under Illinois law is not equivalent to the type of bad faith claim that exists in other states, and what is reasonable discovery on a bad faith tort or contract claim is not necessarily reasonable discovery here.
Lancor also cites Country Life Ins. Co. v. St. Paul Surplus Lines Ins. Co., No. 03-1224, 2005 WL 3690565 at *9 (C.D. Ill. Jan. 31, 2005), an insurance coverage declaratory action in which the plaintiff-insured sought information about how the defendants calculated premium and loss reserves, arguing that if the defendant set a large reserve and then denied the claim, it would demonstrate bad faith.[6] The magistrate judge found loss reserve information would be discoverable on a bad faith claim but ultimately deferred ruling pending the district judge's decision on a motion to dismiss the bad faith claim. Id. It is not clear whether the loss reserve information was, in fact, produced in that case.
Harleysville responds that a § 155 claim does not place the loss reserve information at issue in a first-party case, citing Spearman Industries Inc. v. St. Paul Fire and Marine Ins. Co., 128 F.Supp.2d 1148 (N.D. Ill. 2001). In that case, a commercial property owner sought coverage for damage to the roof of a building and asserted a claim for bad faith delay. Id. at 1153. The parties agreed that information about the insurer's reserves on the claim was irrelevant to the issue of coverage, and the court ruled that evidence about reserves was also inadmissible on the bad faith claim in a first party insurance claim (such as the Spearman case or this case). "[I]n first-party insurance, the policy either provides coverage or does not. Thus, the potential for liability - and therefore reserve information-is irrelevant to a bad faith claim." Id.
In reply, Lancor cites Caliber One Indem. Co. v. Millard Chicago Window Cleaning, No. 04 C 2424, 2006 WL 573895 at *2 (N.D. Ill. Mar. 6, 2006), in which the court held that certain reserve calculations were discoverable. Caliber One, however, was a significantly different case from the present one. The plaintiff-insurer there sought rescission of a liability insurance contract with defendant, and the defendant-insured's counterclaim alleged that the plaintiff had provided inadequate defense in an underlying personal injury lawsuit. The defendant sought reserve information related to the underlying personal injury lawsuit, which would be a third-party lawsuit. Id. The Caliber One decision quotes the Spearman decision that "[i]n considering a bad faith claim in third-party [liability] insurance, the fact that the defendant established a reserve may be probative on the issue of whether there is a potential for liability, and thus reserve information may be relevant to bad faith." Id. (quoting Spearman, 128 F.Supp.2d at 1154) (emphasis in original). Caliber One does not support Lancor's argument that any reserve calculation related to Lancor's claim is discoverable or likely to lead to admissible evidence in this case.
Lancor's argument for information about reserves is limited to citing those cases and referring to Mr. Miller's declaration. (Defs.' Mot. at 13.) Mr. Miller, in turn, simply says that the reserves will "reflect Harleysville's evaluation of Lancor's claim." (Defs.' Mot., Ex. C, Decl. Charles Miller ¶ 26.) As discussed above, that argument has not found acceptance in Illinois cases dealing with first-party claims such as this. Lancor's motion to compel is denied as to Request No. 15.
Request Number 17
Lancor Request Number 17 seeks "[a]ll documents relating to Harleysville's reinsurance coverage - both facultative and treaty - for first-party property claims from the year 2009 up to and including the present" including not only copies of the policies or contracts but also correspondence related to losses and claims, and other documents. (Defs.' Mot., Corrected Ex. A at 11-12.) Its argument for requiring this extensive document production is sparse. It states in a conclusory way that "[r]einsurance agreements themselves are discoverable" and "[c]ommunications with reinsurers... about the Policy... may lead to the discovery of relevant evidence." (Defs.' Mot. at 13-14.)
Harleysville responds that reinsurance information is at best intrinsic evidence that may not be introduced to vary the unambiguous policy terms. (Pl.'s Resp. at 9.) It also points out that the common interest doctrine may protect communications between Harleysville and its reinsurers. ( Id. at 10, citing Waste Mgmt, Inc. v. Int'l Surplus Lines Ins. Co., 579 N.E.2d 322 (Ill. 1991).) In reply Lancor states, "At a minimum, any reinsurance agreement should be produced." (Defs.' Reply at 8.)
"Parties in direct-side insurance coverage litigation frequently dispute the discoverability of the cedent's reinsurance information. Courts disagree on whether reinsurance information is discoverable." 7 New Appleman on Insurance Law Library Edition §77.01[2][a] (footnote and citations omitted).
Fed. R. Civ. P. 26(a)(1)(A)(iv) requires the disclosure of "any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment." Under Illinois law:
[a] reinsurance agreement is different from a policy or contract of direct insurance in both form and substance.... [A] reinsurance agreement is distinct from and unconnected with the original insurance policy; the original policyholder - the entity whose loss is insured - is not a party to the reinsurance agreement.
In re Liquidations of Reserve Ins. Co., 524 N.E.2d 538, 540-41 (Ill. 1988).
Although some federal courts have not required the production of reinsurance agreements, see, e.g., Rhone-Poulenc Rorer, Inc. v. Home Indem. Co., 139 F.R.D. 609 (E.D. Pa. 1991), a number of courts in this district have required disclosure of reinsurance agreements. See, e.g., Great Lakes Dredge & Dock Co. v. Commercial Union Assurance Co., 159 F.R.D. 502 (N.D. Ill. 1995). Accordingly, the motion is granted to require the disclosure of any reinsurance agreement that may indemnify Harleysville for Lancor's claim. Recognizing that reinsurance may be sensitive business information, Harleysville may designate the agreement or agreements as "Confidential Information" under the Confidentiality Order previously entered in this case. (Order, Jan. 7, 2014.) [Dkt 52.]
The scope of Lancor's Request 17, however, encompasses much more than the production of reinsurance agreements related to the policy at issue here. That request seeks all documents related to any reinsurance coverage for any first-party property claim, and correspondence related to any loss or claim. (Defs.' Mot., Corrected Ex. A at 11-12.) That is plainly too broad. Lancor's motion and reply do nothing to justify such a broad fishing expedition. As Harleysville observes, communications with its reinsurers may be protected by work product or the common interest extension of attorney-client privilege. See ARTRA 524(g) Asbestos Trust v. Transport Ins. Co., No. 09 C 548, 2011 WL 4501375 (N.D. Ill. Sept. 28, 2011). The court will not compel Harleysville to go beyond disclosing the reinsurance agreement or agreements and into a scope of production likely to generate disputes about privilege and work product protection in response to a request that goes well beyond the claims and defenses in this case. Accordingly, the motion is denied as to the remainder of Lancor's Request No. 17.
For the reasons set out here, Lancor Equities, Ltd. and Western Properties LP's Motion to Compel [dkt 95] is granted in part and denied in part as set out herein. Harleysville Lake States Insurance Company must produce the documents required by this order no later than November 10, 2014. Plaintiff's Motion to Strike the Affidavit of Charles M. Miller [dkt 102] is denied.
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Other Features Include:
Utilities Gas: Available, Power: Available, Sewer: Available
Land Use See Remarks
Culinary Water Private
Taxes 2820
School District: South Summit
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


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Food lovers and future chefs will love to play in the KidKraft Kitchen with Lights & Sounds. This state-of-the-art, interactive play kitchen includes lots of snazzy features to entertain your little ones. The icemaker has flashing lights and realistic sounds and the knobs all turn and click. The refrigerator, freezer, microwave, oven and dishwasher doors all open and close. The sink has a pull-down faucet and taps that really turn. The speckled granite-style countertop is stylish and there is plenty of room for multiple children. The KidKraft Play Kitchen will inspire imaginative play for hours on end.
Features & Benefits:
- Fun KidKraft Kitchen with Lights & Sounds
- Perfect for imaginative play
- Includes icemaker with realistic sounds
- Flashing lights
- Lifelike acrylic burners
- Pull-down faucet
- Speckled granite-style countertop
- Knobs turn and click
- Sink with taps that turn
- Storage space below sink
- Refrigerator, freezer, microwave, oven and dishwasher doors all open and close
- Made of composite wood products
- LR44 / AG13 batteries required
- Easy to assemble
- Large enough for multiple children
- For children from 3 years old and up
- Dimensions: 43.8"W x 44.1"H x 17.7"L


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Fairfax's $4.7 billion acquisition of BlackBerry is off the table, CEO Thorsten Heins steps down
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by clara sembrano
(angeles city,philippines)
My baby is 1yr old on feb,my last period is last november for 5 days, i didn't feel any symptoms of pregnancy for the last months, is it possible for me to get pregnant??
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Psychological autopsy
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Assessment |
Biopsychology |
Comparative |
Cognitive |
Developmental |
Language |
Individual differences |
Personality |
Philosophy |
Social |
Methods | Statistics | Clinical | Educational | Industrial | Professional items | World psychology |
Other fields of psychology: AI · Computer · Consulting · Consumer · Engineering · Environmental · Forensic · Military · Sport · Transpersonal · Index
Psychological autopsy is a psychological report developed after someones death, usually following suicide or suspicious circumstances. Generally the autopsy is produced by forensic psychologists after examination of evidence from the deceased (eg suicide note) and interviews with relatives, collegues neighbours etc. and produced in evidence in coroners court.


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[email protected] Natsumi Kitazawa北沢奈津美
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Many scientists believe that the ice ages exterminated all life on land and in freshwater in large parts of the Northern Hemisphere, especially on ocean islands such as Iceland. Scientists at Holar University College and the University of Iceland have challenged that belief, at least when looking at groundwater animals.
They have discovered two species of groundwater amphipods in Iceland that are the only animals species found solely in Iceland. "These finding can only be explained by these animals surviving glaciations in some kind of refugium under the glaciers," says Bjarni K. Kristjánsson, the scientist who found the species.
In an article in the August issue of The American Naturalist, they put forward strong support for their theory. "Groundwater amphipods are poor at dispersal, and can not be transported with birds or humans," says Jörundur Svavarsson. One of these new species falls within a new family of amphipods, which indicates that the species has been a long time in Iceland.
"The time since the end of the last glaciation is not enough for a family to evolve," says Svavarsson. Kristjansson and Svavarsson find it likely that the amphipod came to Iceland as early as 30-40 million years ago, when the volcanic island was being formed. "If our theory is right, we have discovered the oldest inhabitants of Iceland, and that can help us further understand how Iceland was formed," says Kristjansson.
Patricia Morse | EurekAlert!
Further information:
Further reports about: > Iceland > Svavarsson > amphipod > crystalline
Multi-institutional collaboration uncovers how molecular machines assemble
02.12.2016 | Salk Institute
Fertilized egg cells trigger and monitor loss of sperm's epigenetic memory
02.12.2016 | IMBA - Institut für Molekulare Biotechnologie der Österreichischen Akademie der Wissenschaften GmbH
A multi-institutional research collaboration has created a novel approach for fabricating three-dimensional micro-optics through the shape-defined formation of porous silicon (PSi), with broad impacts in integrated optoelectronics, imaging, and photovoltaics.
Working with colleagues at Stanford and The Dow Chemical Company, researchers at the University of Illinois at Urbana-Champaign fabricated 3-D birefringent...
In experiments with magnetic atoms conducted at extremely low temperatures, scientists have demonstrated a unique phase of matter: The atoms form a new type of quantum liquid or quantum droplet state. These so called quantum droplets may preserve their form in absence of external confinement because of quantum effects. The joint team of experimental physicists from Innsbruck and theoretical physicists from Hannover report on their findings in the journal Physical Review X.
"Our Quantum droplets are in the gas phase but they still drop like a rock," explains experimental physicist Francesca Ferlaino when talking about the...
The Max Planck Institute for Physics (MPP) is opening up a new research field. A workshop from November 21 - 22, 2016 will mark the start of activities for an innovative axion experiment. Axions are still only purely hypothetical particles. Their detection could solve two fundamental problems in particle physics: What dark matter consists of and why it has not yet been possible to directly observe a CP violation for the strong interaction.
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Broadband rotational spectroscopy unravels structural reshaping of isolated molecules in the gas phase to accommodate water
In two recent publications in the Journal of Chemical Physics and in the Journal of Physical Chemistry Letters, researchers around Melanie Schnell from the Max...
The efficiency of power electronic systems is not solely dependent on electrical efficiency but also on weight, for example, in mobile systems. When the weight of relevant components and devices in airplanes, for instance, is reduced, fuel savings can be achieved and correspondingly greenhouse gas emissions decreased. New materials and components based on gallium nitride (GaN) can help to reduce weight and increase the efficiency. With these new materials, power electronic switches can be operated at higher switching frequency, resulting in higher power density and lower material costs.
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Give us a call to get our secret deals 800-468-3578
Property Location
With a stay at Mahagiri Villas Sanur in Denpasar (Sanur), you'll be minutes from Nogo - Bali Ikat Centre and close to Sanur Beach. This 5-star resort is within close proximity of Mermaid Liveaboards and Bali Beach Golf Course.
Treat yourself to a stay in one of the 18 individually decorated guestrooms, featuring private pools and plasma televisions. Rooms have private patios. Kitchens are outfitted with full-sized refrigerators/freezers, stovetops, and dishwashers. Cable programming and iPod docking stations are provided for your entertainment, while complimentary wireless Internet access keeps you connected. Private bathrooms with separate bathtubs and showers feature deep soaking bathtubs and rainfall showerheads.
Relax at the full-service spa, where you can enjoy massages and facials. You can take advantage of recreational amenities such as a nightclub, an outdoor pool, and a 24-hour fitness center. Additional amenities at this resort include complimentary wireless Internet access, concierge services, and babysitting/childcare (surcharge). Guests can get around on the complimentary shuttle, which operates within 3 km.
Enjoy a meal at a restaurant, or stay in and take advantage of the resort's 24-hour room service. Quench your thirst with your favorite drink at a bar/lounge.
Business, Other Amenities
Featured amenities include express check-in, express check-out, and complimentary newspapers in the lobby. A roundtrip airport shuttle is complimentary (available 24 hours).
You must present a photo ID when checking in. Your credit card is charged at the time you book. Bed type and smoking preferences are not guaranteed.Your reservation is prepaid and is guaranteed for late arrival. The total charge includes all room charges and taxes, as well as fees for access and booking. Any incidental charges such as parking, phone calls, and room service will be handled directly between you and the property.


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US Enters As Rare Underdog In World Cup Semifinal
The U.S. Women's National Team faces a tough test against Germany, the top ranked team in the world.By Matt Moreno | June 30, 2015
The U.S. Women's National Team is guaranteed at least two more games this World Cup — but the team will be playing for either the elusive World Cup trophy or third place.
It's been 16 long years since the U.S. Women have brought home the trophy, and Germany on Tuesday night could be the biggest opponent in their way. The U.S. goes into the game as rare underdogs.
Tuesday's matchup pits FIFA's first and second ranked teams against each other, one with the best offense and the other with the best defense. The high-flying, high-scoring German offense owns 20 goals in this tournament while the U.S.'s stingy defense has given up just one.


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Response of a climate model to tidal mixing parameterization under present day and last glacial maximum conditions
Montenegro, Álvaro
Eby, Michael
Weaver, Andrew J.
Jayne, Steven R.
MetadataShow full item record
Citable URIhttp://hdl.handle.net/1912/2028
As publishedhttps://doi.org/10.1016/j.ocemod.2007.06.009
KeywordTidal mixing; Last Glacial Maximum; Sea level change
Experiments with a climate model were conducted under present day and last glacial maximum conditions in order to examine the model's response to a vertical mixing scheme based on internal tide energy dissipation. The increase in internal tide energy flux caused by a 120 m reduction in sea level had the expected effect on diffusivity values, which were higher under lower sea level conditions. The impact of this vertical diffusivity change on the Atlantic meridional overturning is not straightforward and no clear relationship between diffusivity and overturning is found. There exists a weak positive correlation between overturning and changes to the power consumed by vertical mixing. Most of the climatic response generated by sea level change was not related to alterations in the internal tide energy flux but rather to the direct change in sea level itself.
Author Posting. © Elsevier B.V., 2007. This is the author's version of the work. It is posted here by permission of Elsevier B.V. for personal use, not for redistribution. The definitive version was published in Ocean Modelling 19 (2007): 125-137, doi:10.1016/j.ocemod.2007.06.009.
Related items
Showing items related by title, author, creator and subject.
Erratum to "Deep ocean nutrients during the Last Glacial Maximum deduced from sponge silicon isotopic compositions" [Earth Planet. Sci. Lett. 292 (2010) 290–300] Hendry, Katharine R.; Georg, R. Bastian; Rickaby, Rosalind E. M.; Robinson, Laura F.; Halliday, Alex N. (2010-12)The relative importance of biological and physical processes within the Southern Ocean for the storage of carbon and atmospheric pCO2 on glacial-interglacial timescales remains uncertain. Understanding the impact of surface ...
Tracing the Nd isotope evolution of North Atlantic Deep and Intermediate Waters in the western North Atlantic since the Last Glacial Maximum from Blake Ridge sediments Gutjahr, Marcus; Frank, Martin; Stirling, Claudine H.; Keigwin, Lloyd D.; Halliday, Alex N. (2007-10-23)A high-resolution authigenic Nd isotope record has been extracted from the Fe-Mn oxyhydroxide fraction of drift sediments along the Blake Ridge in the North Atlantic. These sediments facilitate reconstruction of the timing ...
Meridional overturning circulation in the South Atlantic at the last glacial maximum Lynch-Stieglitz, Jean; Curry, William B.; Oppo, Delia W.; Ninnemann, Ulysses S.; Charles, Christopher D.; Munson, Jenna (American Geophysical Union, 2006-10-03)The geostrophic shear associated with the meridional overturning circulation is reflected in the difference in density between the eastern and western margins of the ocean basin. Here we examine how the density difference ...


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A dynamic trumpet collective celebrating the legends of the past while chronicling a rising star for the future with the work of trumpet phenom Josh Rzepka.
Brent Black / @CriticalJazz
The great columnist from the L.A. Times, Robert Hiburn once said it was unwise for a critic to become "friends" with an artist unless there is a collaboration happening on a project. This may be the only point of disagreement I hold with Hilburn as getting to know Josh Rzepka and charting his exponential growth and development as an artist is an extreme joy. Trumpet Genesis is the follow up to the 2011 release Into The Night with Josh showing additional skills as a producer to keep a keen eye on.
The Latin flavored classic "Tin Tin Deo" opens the release with four of the six trumpet players including Josh banging out a smoldering swing with some righteous percussion from Sammy DeLeon. Marcus Belgrave who is the only surviving member of the original Ray Charles band was brought in to round out a real deal trumpet section featuring Josh along with Marcus and Jack Schantz, Kenny Davis, Joe Miller and Ian Indorf. The rhythm section is held down by mainstays Jackie Warren on piano and Peter Dominguez on acoustic and electric bass not to forget Ron Godale on drums. David Thomas handles the piano chores on "Sweet Clifford" which follows the @CriticalJazz mantra of swing hard or go home. Josh Rzepka also pulls off the jazz trifecta with ease with solid arrangements on not only "Sweet Clifford" but the previously mentioned "Tin Tin Deo" and the exquisite Horace Silver ballad "Peace."
Currently modern jazz trumpet is dominated by a handful of artists here in the United States that seem content in not just reliving the past but camping out there. Josh Rzepka is the new breed of trumpet player, a young lion with mad skills and a brilliant sound to push traditional jazz into the uncharted waters few are willing to tread.
Trumpet Genesis leaves you longing for more. A release that pops with vitality and comes straight from the heart. Josh Rzepka's musical stock is an arrow pointing straight up!
Tracks: Tin Tin Deo; Super Blue; Blues For Wood; Peace; Sweet Clifford; Red Clay.
Personnel: Josh Rzepka: trumpet / flugelhorn; Kenny Davis: trumpet / flugelhorn; Marcus Belgrave: trumpet / flugelhorn; Jack Schantz: trumpet; flugelhorn; Joe Miller: trumpet; Ian Indorf: trumpet; Jackie Warren: piano; David Thomas: piano; Peter Dominguez: acoustic & electric bass; Ron Godale: drums; Sammy DeLeon: percussion.


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IZOD Newport Oxford Long Sleeve Plaid Woven Shirt
$29.99 Original Price $55.00
Savings: $25.01 (45%)
Constructed from woven fabric with a classic button-front design, this versatile shirt is ideal for your business casual collection. With a bold plaid pattern and long sleeves you can easily roll-up, it will be your go-to for laid-back days at the office or dining out.
- Button closure
- Collar
- Long sleeves
- Regular fit
- Plaid pattern
- Cotton
- Machine washable
- Imported
Shipping & Returns
Shipping your purchase is easy on belk.com. Depending on the destination of your package, you can expect it to arrive within 4-7 business days. Shipping Information
Returns are easy on belk.com. Easy returns


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August 10, 2011 (Chinavestor)China stocks snapped back in Asia on Wednesday after a broad rally on Wall Street helped improve investor confidence. The Hang Seng Index (INDEXHANGSENG:.HSI) surged 453.0 points or 2.3% with most of its components ending the day in the black. The index fell over 1150 points or 6% a day before, its biggest lost since 2008. Investors remained cautious on the Mainland where the Shanghai Composite Index (SHA:000001) rose a mere 23.1 points or 0.9%. Airliners and stocks that fell the hardest surged in Hong Kong on Wednesday. China Southern Airlines (HKG:1055), the largest carrier by fleet size, jumped 5.2% while CNOOC Ltd. (HKG:0883), China's offshore oil specialist surged 6.0%. Aluminum Corp. of China (HKG:2600) advanced 3.8% making up for some of the losses it suffered in the past five days.
China Mobile (HKG:0941) and Zijin Mining (HKG:2899) were among the best performing components of the Hang Seng Index (INDEXHANGSENG:.HSI). Price of gold rose to a record as investors are looking for safety during turbulent market times. But China Shipping Development (HKG:1138) and China COSCO (HKG:1919), the two largest listed Chinese shipping lanes, were the weakest links among components of the Hang Seng Index (INDEXHANGSENG:.HSI) due to lackluster growth in the world's largest economy.
Chinese ETFs rode on the back of a resurgent U.S. market on Tuesday. The PowerShares Golden Dragon Haltrer Index (NYSE:PGJ) surged along with the iShares FTSE/Xinhua China 25 Index (NYSE:FXI) and the Guggenheim China Small Cap ETF (NYSE:HAO). Oversold Chinese solar makers surged such as LDK Solar (NYSE:LDK) or China Sunergy (NASDAQ:CSUN). Xinyuan Real Estate (NYSE:XIN) jumped over 15% following sound second quarter results. But recently IPOd Youku.com Inc. (NYSE:YOKU) fell 14.3% following worse than expected second quarter results.


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img src="http://www.ardorny.com/i.aspx?t=a&s=t2&r=1700824" / Ardor Web ID: 1700824 - Charming 2 bedroom brownstone top floor apartment in delightful Carroll Gdns. This oasis from the city bustle has a private entrance and is ideally located one and a half blocks from the Carroll Street F & G trains. Windowed kitchen → Read More
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NQ (Nail Queen) is the professional name used by makeup and nail artist Aya Fukuda. She was born in Japan but is now based in New York. She worked at Hair Room Service where she met Lady Gaga and did her nails. She worked there from December 2010 to June 2011 before leaving the company.
- "The Edge of Glory" (Music video)
- "Marry the Night" (Music video)
- "The Lady is a Tramp" (Music video)
- "MAC Viva Glam: The Masterpiece Project"
- "Google Chrome" (Commercial)
- A Very Gaga Thanksgiving


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Body Sculpture Rowing Machine£59.99 for a Body Sculpture rowing machine from Wowcher Direct.
Time left to purchase
- Get into shape with a Body Sculpture rowing machine.
- 12 resistance levels.
- Adjustable foot plates and incline.
- Computer monitor which displays calories burned and strokes per minute.
- Six-wheel carriage for stability and smooth action.
The Fine Print
- May buy multiples.
- Voucher valid until 20th Jan 2014.
- Delivery costs an additional £10 per machine.
- Please allow up to 10 working days for delivery.
- Maximum user weight 100kg.
- Subject to availability.
Full Details
Row row row your boat (or your rowing machine), merrily, merrily, merrily, merrily, this deal is but a dream!
Today, we're offering you a Body Sculpture rowing machine for just £59.99!
One of the most common resolutions is 'do more exercise' but it's hard to motivate yourself in gale force winds and arctic temperatures. That's why we're bringing you a rowing machine to use in the comfort of your own home without the risk of capsising into winter waters. The Body Sculpture rowing machine has twelve resistance levels and computer monitors which display information such as your calories burned and strokes per minute. It also comes with a six-wheel carriage for stability and smooth action as well as adjustable foot plates and incline. This is perfect for those of you who simply don't have the time or money to join a gym but want to burn off all that Christmas turkey. Oar-inspiring!
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Once purchased, you can redeem this wowcher towards another wowcher or claim a Wowcher Wallet Credit. Click here for more info.
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November 12, 2010 7:43:00 AM
MABEN -- Shamia Robinson made history Thursday.
The 5-foot-8 senior basketball player became the first female to earn a scholarship to a Division I school when she signed a National Letter of Intent to play basketball at Mississippi State.
Robinson averaged 18.8 points, 9 rebounds, 2.8 assists, 2.4 blocked shots, and 1.9 steals per game last season. She also had scholarship offers from Georgia, the University of Mississippi, Southern Miss, and others.
"It feels great being the first female to sign a full scholarship with a university," Robinson said. "I am ready and willing to work."
Robinson said her time playing with coach Moses James and the Mississippi Hoop Dreams, an Amateur Athletic Union travel team, helped her improve and attract the attention of college coaches. She feels she was able to showcase her rebounding ability and her tenacity. As a result, she said she received a ton of phone calls.
Robinson said she wanted to make a decision to conclude the process. She will continue to improve her ballhandling and her outside shooting so she can have an even better senior season and prepare for her freshman year in college, where she expects to play small forward.
"I feel comfortable (at MSU)," Robinson said. "I know I am going to have a lot of family support and support from the school. I want to be close to home. I want to represent the state of Mississippi."
Dan Olson, a former college basketball coach who runs the recruiting service Collegiate Girls Basketball Report, said Robinson has a chance to be a contributor in the Southeastern Conference. Although she is ranked in the top 500-600 in the nation, Olson said Robinson has the athleticism, lateral quickness, agility, and explosiveness to compete in the SEC.
"She is not one of the major, elite kids. She is more of a under-the-radar kid who has a chance to become a real player," Olson said. "She is a SEC-type level of an athlete. She is an explosive, athletic perimeter player who handles it and has long arms and is a slasher."
West Oktibbeha coach Sheila Young-Bailey has coached Robinson for two seasons. She feels Robinson will adjust well to MSU because she is "fearless." She is looking forward to getting Robinson, who is sidelined until early next month with torn meniscus in her left knee, back so she can help round her into shape for this season and her future.
"I just want her to push herself," Young-Bailey said. "She is a leader for the girls, so this is going to help them push themselves because they want to experience this."
Young-Bailey said Robinson''s attitude has improved in the past few years to the point where she is more vocal and is a better leader. She expects Robinson to play an even bigger role when she returns to the court.
"My first year here she wasn''t out there, but last year she started stepping up, and this year I expect her to be at that level and she is getting everybody where the need to be," Young-Bailey said. "Her leadership role will play an important part."
Adam Minichino is the Sports Editor for The Commercial Dispatch.
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1. Ole Miss football team makes changes to coaching staff COLLEGE SPORTS
2. MSU football player Hankerson arrested again COLLEGE SPORTS
3. Mullen working on extension with MSU COLLEGE SPORTS
4. Griffin announces lineup for Joe Horne Christmas Classic HIGH SCHOOL SPORTS
5. Saban, Alabama players clean up on SEC individual awards COLLEGE SPORTS


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Ham, Pickle & Egg Salad Sandwich
Total Time
Prep 5 mins
Cook 5 mins
I used to eat this all the time as a kid.
Ingredients Nutrition
- 2 pieces leftover cooked ham, ground up
- 1 -2 sweet gherkin, ground up
- 2 -3 hard-boiled eggs, mashed
- 1 -2 tablespoon mayonnaise
- 4 pieces bread
- Add mashed hard boiled egg, ground up ham, and ground up pickle in bowl. Add mayonaise and mix well. Place mixture between 2 bread pieces and eat.
Most Helpful
Was fast and easy to make. This simple meal was perfect to start off the day.