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Finding the Dragon Lady: The Mystery of Vietnam's Madame Nhuby Monique Brinson Demery
She was "the beautiful but diabolic sex dictatress" according to the journalist David Halberstam; "everything Jack found unattractive" in the/b>
A quest for one of history's most controversial figuresthe woman, known everywhere in her day as the Dragon Lady, who was a lightning rod for America's toxic involvement in Vietnam
She was "the beautiful but diabolic sex dictatress" according to the journalist David Halberstam; "everything Jack found unattractive" in the words of Jacqueline Kennedy; "the most dangerous enemy a man can have" in Malcolm Browne's view; and everywhere in the media in the 1960s she was the "Dragon Lady." Monique Demery's search for the woman behind all the epithets, claims, and counterclaimsa woman who had been living in exile and seclusion for thirty yearsbegan on the streets of Paris and deepened when she began a relationship with, and was entrusted with the unpublished memoirs of, Tran Le Xuan, otherwise known as Madame Nhu, the First Lady of the doomed republic of South Vietnam.
Madame Nhu's diminutive beauty cannot obscure her pivotal role in one of American history's darkest moments: she was much of the reason that the United States made the fateful decision to get rid of the ruling Ngo family. Demery investigates the reality behind the myth, giving us a deeper look at the woman who was feared and despised by so much of the world, one of the most memorable figures of the entire Vietnam War.
Editorial Reviews
An independent scholar's engagingly provocative account of her encounters with the once-reviled former first lady of South Vietnam, Madame Nhu. Demery's obsession with the infamous "Dragon Lady" of Southeast Asia began when she was a child. As an adult, she came to realize that the glamour that had captivated her also encapsulated a very contemporary problem for women involved in politics. Apart from what she actually accomplished, any powerful female who also looked good would always be a media target. Not surprisingly, little of substance had been written about Madame Nhu, who went into seclusion in 1986; yet Demery managed to track her down to an apartment in Paris. For more than five years, the two carried on a conversation via phone and email that often seemed like an elaborate game of cat-and-mouse, with Madame Nhu constantly testing Demery and holding herself "just out of reach." The young scholar still managed to learn that Madame Nhu grew up an unloved and neglected child. But shrewd personal choices allowed her to outdo either of her coddled sisters and marry the brother of the first South Vietnamese president, Ngo Dihn Diem. Fiery and theatrical, Madame Nhu seized the opportunity to play an important role in her future by "launch[ing] herself into the political vacuum created by a distant pen-pushing prime minister and his furtive brother." Not only did she take on the traditional "hostess" responsibilities of first lady, she also helped enact legislation to uplift the status of women while working behind the scenes to stave off coup attempts from rebel communist forces. However, her beauty and outspokenness worked against her in conservative Kennedy-era America, which eventually supported the uprising that killed both her husband and President Diem. Smart and well-researched, Demery's biography offers insight into both an intriguing figure and the complicated historical moment with which she became eternally identified. A welcome addition to the literature on Vietnam.
"A fascinating portrait of this polarizing figure [a] fair-minded and readable look at Madame Nhu and her prominent role in the early years of the Vietnam War This book performs an especially valuable service to readers who want to understand why the U.S. sometimes stumbles in foreign affairs .The book benefits from a firm understanding of Vietnamese traditions. In the end, Demery admits that she ultimately became Madame Nhu's "friend," an admission that makes the reader admire the biographer even more for being so clear-eyed about her subject's flaws."
San Francisco Chronicle
"Demery succeeds in painting such a nuanced picture of this powerful woman that by the time we reach Madame Nhu's 1963 U.S. press tour, we can sympathize with her desire to defend her country 'Finding the Dragon Lady' is a brave book. Demery realized that 'I had been handed the chance to breathe some life into the remote, exotic place in history to which she had been assigned,' and she took that opportunity to push beyond the conventional understanding of this painful and polarizing era. It's a testament to her deep knowledge of Vietnamese and American culture that she leaves us wondering what might have been."
Kirkus Reviews
"Engagingly provocative Smart and well-researched, Demery's biography offers insight into both an intriguing figure and the complicated historical moment with which she became eternally identified. A welcome addition to the literature on Vietnam."
Booklist online
"The book restores Madame Nhu to her proper place in history, as a ruthless and brilliant woman without whose manipulations the war in Vietnam might have turned out very differently this frequently surprising book brings its subject back from exile."
Daily Beast
"Deeply intriguing...one hell of a story."
Alexia Nader, Kirkus Reviews
"Finding the Dragon Lady stands out from most biographies of political leaders: It emphasizes, rather than conceals, the competing narratives of an unreliable and manipulative subject It was ultimately Demery's candid way of writing and structuring her biography that won her the battle with her subject. Her book reveals the many masks Madame Nhu wore to guard herself against the public (and even the author), and gives stark glimpses of the woman underneath."
Publishers Weekly
"Illuminating shed[s] light on one of the country's most controversial figures."
Elizabeth Becker, author of When the War Was Over: Cambodia and the Khmer Rouge
"Even those familiar with the history of Vietnam will be astonished at the bizarre case of Madame Nhu. Monique Demery tracks down the original Vietnamese 'Dragon Lady' who confesses to weaknesses and heartbreak but refuses to take responsibility for her role in the war that ruined so many lives in her country and ours."
Robert K. Brigham, Shirley Ecker Boskey Professor of History and International Relations at Vassar College
"Finding the Dragon Lady is a truly monumental achievement. Demery has vividly captured the life and times of one of Vietnam's most intriguing figures. Beautifully told, and exhaustively researched in French, Vietnamese, and American sourcesincluding interviews with Madame NhuDemery's book is now the standard for understanding the cultural politics of South Vietnam's first family."
Craig R. Whitney, Vietnam War correspondent and author of Living with Guns
"In the early days of America's engagement in Vietnam, no one played a greater role than Madame Nhu in shaping the Saigon regime's anti-Communist fervor. But who was the Dragon Lady, really? This superb portrait reveals her self-doubts, conveys the fierce persona she developed to overcome them, and explains how her zealotry doomed the regime and condemned her to a life in exile."
David Lamb, author, Vietnam, Now: A Reporter Returns
"Here is the last untold story of the Vietnam war, the riveting, intimate and ultimately tragic profile of Madame Ngo Dinh Nhu, South Vietnam's unofficial First Lady whose political power and ruthlessness earned her the nickname The Dragon Lady. In her life, which ended in exile and isolation in 2011, are the seeds of America's ill-fated military involvement in Vietnam. Monique Demery spent ten years tracking down the elusive Dragon Lady. Her diligence has produced a laudatory book that is at once scholarly and as readable as a good mystery."
Morley Safer, correspondent for 60 Minutes, CBS News
"It was said of Lord Byron that he was "mad, bad and dangerous to know." Not a bad appellation or epitaph for Tran Le Xuan, the infamous Madam Nhu. Monique Brinson Demery has deftly captured the life and time of the woman who defied her own government, the communist forces of North Vietnam and the Americans."
Philip Caputo, author of A Rumor of War and the forthcoming The Longest Road
"Monique Demery's account of her search for one of the pivotal figures in the Vietnam War, the beautiful and dangerous Madame Nhu, is a riveting detective story and a fascinating portrait of a woman far more complicated than her media image as The Dragon Lady."
Product Details
- 9781610392815
- Publisher:
- PublicAffairs
- Publication date:
- 09/24/2013
- Pages:
- 280
- Product dimensions:
- 6.60(w) x 9.36(h) x 1.00(d)
Read an Excerpt
By the time I started looking for Madame Ngo Dinh Nhu, the former First Lady of South Vietnam had been living in exile for over forty years. In the 1960s, at the height of her fame, the thirty-nine year old Madame Nhu had been named by the New York Times "the most powerful woman in Asia, if not the world." But it was her reputation as the Dragon Lady that brought her real distinctionwhen the Buddhist monks were setting themselves on fire in the streets of Saigon, Madame Nhu's response was unspeakably cruel: "Let them burn and we shall clap our hands," she said with a smile. "If the Buddhists wish to have another barbecue, I will be glad to supply the gasoline and a match." The dangerous, dark eyed beauty quickly became a symbol of everything that was wrong with the American involvement in the Vietnam War.
Madame Nhu faded from public view after November of 1963. That was when her husband, Ngo Dinh Nhu, and his brother, South Vietnam President Ngo Dinh Diem, were killed in a coup that was sanctioned and supported by the government of the United States. As President John F. Kennedy explained to his close friend, Paul "Red" Fay, the reason that the United States had to get rid of the Ngo brothers was in no small part because of Madame Nhu. "That goddamn bitch," he said to his friend. "She's responsible...that bitch stuck her nose in and boiled up the whole situation down there."
Meet the Author
Monique Brinson Demery took her first trip to Vietnam in 1997 as part of a study abroad program with Hobart and William Smith Colleges. She was the recipient of a US Department of Education grant to attend the Vietnamese Advanced Summer Institute in Hanoi, and in 2003, she received a Masters degree in East Asia Regional Studies from Harvard University. Demery's initial interviews with Madame Nhu in 2005 were the first that she had given to any Westerner in nearly twenty years. Demery lives in Chicago.
Customer Reviews
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Congratulations on a book well-written, Monique, and many thanks for sharing your research with the public. I purchased an e-copy so that my wife and I may share the enjoyment of reading your good work. However, after the first few pages, my wife remarked: "Here it goes again, this woman was trying to fool another person into believing how saintly she was, the way she did you, Walter!" Of course, she was flattered that the press had called her "The Dragon Lady", but, in reality, in her own words, she would have rather been referred to as "Santa Evita" because she wanted to be compared to, and remembered as, the Vietnamese Eva Peron. She stood me up, too, more than once, a good ten years before she failed to show up at that church to meet you in Paris. The sad part is; you and I weren't the only persons whom she had successfully misled. My relationship with Le Xuan was of a love-hate nature. I loved her for the efforts to empower the women of Vietnam and for her sense of style. I loved her even more when she spoke sweetly about putting my picture under her pillow each and every night – if I could believe it. But I also hated her for being so evil and condescending. Her tale of cradling Le Thuy in her arms and proceeded to cross the bridge under fire accentuated a well-defined exclamation mark to the term "disgust". Nowhere in her story did she ever revealed that she had ran a high-class brothel in Cho Lon – the Chinatown of Saigon – where foreign dignitaries' needs were catered to, and where secret microphones and cameras were well hidden from the unsuspecting guests. Also, nowhere did she recall the story of how she had lost her virginity to a 17-year-old university student when she was in Ha Noi. Worse yet, she painted a final picture of her being a not-well-to-do woman of old age, but in reality, her investments at the former Merrill-Lynch were almost equal to the GDPs of some countries on the African continent. Again, congratulations on a project which deserves many accolades, Monique Respectfully, Walter Ta
Women in politics. They are often reduced to the clothes they are wearing and the hairstyle they rock. In a predominantly male driven aspect of society the female is usually merely the wife of, daughter of or mistress of a man in power. Not enough women take center stage in government and when they do they are scrutinized and criticized far harsher than their male counterparts. Madame Nhu was only the sister in law of the man in charge and yet she and her family exerted the strongest influence on him and the country. She was known for her lack of diplomacy. She refused to stay quiet and called a duck a duck if indeed it quacked and walked like said duck. She put many policies into place that took women back 20 steps into the last century. Her so called morality laws outlawed abortion,divorce, adultery, contraceptives, dance halls, beauty pageants and she was often called out for being a hypocrite. Madame Nhu was adamant and very vocal about the fact that the Americans brought about the downfall of her family and in doing so also the country. "My family has been treacherously killed with either official or unofficial blessing of the American government, I can predict to you now that the story is only at its beginning." Of course that statement, which implies better the devil you know than the devil you don't, was to be eerily predictive. The US thought they could control the outcome in North Vietnam via South Vietnam by removing Di¿m. Instead the removal of Di¿m and Nhu was the start of even greater instability in South Vietnam. Demery makes an interesting point about the influence certain foreign press members had in South Vietnam. Openly critical of Madame Nhu and the country ruled by her family members they were actually undermining the US and strengthening the North Vietnamese. Pulling the rug right out from under them in the name of the press. When the Buddhists starting protesting and the pagoda raids followed Madame Nhu was convinced that the Buddhist protest was backed and planned by the communists and manipulated by the Americans. Many years later a man who worked for many Us newspapers in Vietnam during the Di¿m era was revealed as a North Vietnamese collaborator when he defected to NV. Often seen as the loud mouthed, bossy Iron Lady of SV, the power behind the throne so to speak Madame Nhu was right on the button when it come to evaluating the political situation in her country. She was right about something so pivotal that if someone had listened they might have understood. If you do not come from that country and culture then it is nigh on impossible to understand the complexity of past history, traditional values and the mindset of man in that foreign country, especially when it is the complete opposite of Western culture. Unfortunately that is a mistake still made nearly half a century later. Demery set out to find and understand the elusive Madame Nhu but I think in the end she remained the misunderstood and often misrepresented enigma that she has been for many decades. Other than the research already presented and written about by others Demery wasn't able to get Madame Nhu to let her guard down. She died with her inner Pandora's Box intact. The woman was as sharp as knife there is a reason she kept that box closed very tightly. I really enjoyed the way the author approached the subject. It was written in a very personal and lighthearted way with factual clarity. Demery is concise without being boring and praises her sources for the groundwork they have already done on the subject in hand. Kudos to the author for both the intricate research and for giving others their due when necessary. An immensely interesting read. I received a copy of this book via NetGalley.
  Welcome to Flameclan! This is the Clan that can be very active, hoping to have many RPers joining in on the fun.
   Okay. First, let's tour the camp!
 Res 1 Intro
 Res 2 Bios
 Res 3 River and forest
 Res 4 Training hollow
 Res 5 Moonpool
 Res 6 Clan Border
 Res 7 Herb patch
 Res 8 Twolegplace
 Res 9 Random
 Res 10-21 Main camp
 Now let's see the basic RPing rules:-
 &starf Try not to godmod a lot.
 &star Do not mate in the camp. Please go find a book to mate.
 &starf Put Out Of Character in brackets or in title.
 &star Try not to cuss or swear, and make your posts as good as possible (grammar, length etc.)
 &starf ENJOY YOURSELF!
 Okay. That is the basics. You don't HAVE to post a biography though, only if you feel your character is important.
 The selection of deputy will be on October 5th. Please post that you want to bedeputy at Res 9 if you want to, and I will select the right one.
 ~Thanks for Joining?

 Have fun! ~※ Haunted Spirit ※
The story of Madame Nhu begins with her life as an upcoming bride living in a Vietnam laced with French dominion and influence. She is about to marry a man who will eventually become the Prime Minister of Vietnam, the man who will wield the real power behind President Ngo Dinh Diem as nations and revolutionary groups vie for power, prestige, and style in Vietnam. For now Tran Le Xuan, Nhu's name in her youth), is excited about her marriage and upcoming family status. But intrigue is omnipresent and Nhu's life seems like it is unraveling as she initially fails to beget children and her husband seems more entwined with his secret trips and missions than he is with his young bride. At the same time, we learn how North Vietnamese leaders are seeking to combine their rising power with French administration. The French will fall eventually and Tran will learn how the poor and suffering live when she is forced to flee with her family as the Communists from the North approach South Vietnam. From that point on, Madame Nhu reaches deep inside to let her immense strength confront all obstacles in her path. The story continues with American advisers coming to court her husband and Diem will take over after a coup. Madame Nhu's notoriety grows as she declares her love of power and prestige and comes across as cold and heartless toward the people she is supposed to serve. Indeed the rule of her family and Diem is correctly labeled as repressive, though these rulers always claimed the treatment was to safeguard their people. Her callous remarks about the burning Buddhist monk serve as the vicious, cold benchmark of her future years. Until her husband and Diem are assassinated, she will court power and use her sexy, slim body and charm to keep South Vietnam free. One aspect that is always clear in this account is how mixed the advice and help from the USA was. American estimation of the rising threat of Ho Chi Minh always seems inaccurate and forthcoming help was the same; the replies of Madame Nhu and the South Vietnam government was partially responsible as they feared a foreign takeover by the Communists, French (again!) or even the Americans if the truth were to be admitted. Madame Nhu goes into seclusion when she barely manages to escape to America and remains there for over 30 years before her story is told by the author of this account. In order to gain all the information in this book, the author had to play a cat-and-mouse game with Madame Nhu in which the author would be fed bits and pieces of little known information but never wholescale openness and trust. Madame Nhu, we learn, had reason to fear the vengeance of many who considered her responsible for thousands of deaths, losses and disasters that befell the Vietnamese people. The story never loses the sense of intrigue, mystery, and exposure of truth and thus is a superb nonfiction account of a pivotal time in global history that affected the lives of millions to the present day. Finely crafted account of this very famous lady's journey through the vicissitudes of Vietnamese and American history!
Poorly written and very disappointing read. The author had nothing new. She stated in her book that she felt used by her subject and that her time was wasted. I feel that way as well.
This is the captivating account of another enormously wasteful "dirty war", when national interests compete with personal greed and selfishness... and history is made through individual destinies great and small. Through the author's searching for Madame Nhu, we can share her feelings, between fascination and repulsion, admiration and compassion, and discover the complex personality of the Dragon Lady and the tragic destiny of her family and her people. It is an excellent history book I read like a thriller.
WHAT A PAGETURNER!!!! I am more of a historical FICTION reader myself....but I decided to take a chance after I read a few reviews..... and I was TRANSPORTED by this book! I have so little knowledge of Vietnam and had never heard of Madam Nhu before, so Mrs. Demery's research and interviews proved fascinating. EQUALLY compelling, though, was Mrs. Demery's actual painstaking (and extremely patient and empathetic), journey to accurately document her subject!! I have so many favorite parts, but I don't want to spoil a single page of it for any new readers! I devoured it....and i think you will too!! How do we get Mrs. Demery to write an excerpt of this book for Vanity Fair?!?!


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The Children's Village President and CEO Dr. Jeremy Kohomban testified before the NYC Council's Committee on Juvenile Justice on September 21. Citing research and frontline experience, his testimony highlighted the critical need for family engagement to the long-term success of youth involved with the justice system. Dr. Kohomban concluded with three specific recommendations. More Info
Golf & Tennis Classic
Thank you!
The 2016 Children's Village & Inwood House Golf and Tennis Classic at Tamarack Country Club on September 20 was a huge success. We raised $90,000 (after expenses) for at-risk children and teens. Click here to see team photos.
We're so grateful for our sponsors:
|Nicholas Adamo
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Congratulations to our winners!
Golf Results
1st low-gross team, with 54:
Joe Miliziano, Jim Ott, Tom Collins, Muhammad Fahmy
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John DiMiceli, Vikash Patel, Anthony Pepe, Rick Brunner
Closest to the pin:
#7: Jason Ruvin (5'3″)
#15: Sean Lawless (5'5″)
Longest drive (#14): Matt Merrer
Straightest drive (#4): Allan Proske
Longest putt (#12): Anthony Terenzio (33'3″)
Putting contest winner: Nick Weaver
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First place: Frank Biele
Second place: Patricia Atkin

subset: commoncrawl


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Wind farms kill 67 eagles in 5 yearsBy DINA CAPPIELLO
The Associated Press | September 12,2013WASHINGTON Wind energy facilities have killed at least 67 golden and bald eagles in the last five years, but the figure could be much higher, according to a new scientific study by government biologists.
The research represents one of the first tallies of eagle deaths attributed to the nations growing wind energy industry, which has been a pillar of President Barack Obamas plans to reduce the pollution blamed for global warming. Wind power releases no air pollution.
But at a minimum, the scientists wrote, wind farms in 10 states have killed at least 85 eagles since 1997, with most deaths occurring between 2008 and 2012, as the industry was greatly expanding. Most deaths 79 were golden eagles that struck wind turbines. One of the eagles counted in the study was electrocuted by a power line.
The vice president of the American Bird Conservancy, Mike Parr, said the tally was an alarming and concerning finding.
A trade group, the American Wind Energy Association, said in a statement that the figure was much lower than other causes of eagle deaths. The group said it was working with the government and conservation groups to find ways to reduce eagle casualties.
Still, the scientists said their figure is likely to be substantially underestimated, since companies report eagle deaths voluntarily and only a fraction of those included in their total were discovered during searches for dead birds by wind-energy companies.
The study also excluded the deadliest place in the country for eagles, a cluster of wind farms in a northern California area known as Altamont Pass. Wind farms built there decades ago kill more than 60 per year.
The research affirms an AP investigation in May, which revealed dozens of eagle deaths from wind energy facilities and described how the Obama administration was failing to fine or prosecute wind energy companies, even though each death is a violation of federal law.
The U.S. Fish and Wildlife Service, which employs the six researchers, has said it is investigating 18 bird-death cases involving wind-power facilities, and seven have been referred to the Justice Department. The authors noted the studys findings do not necessarily reflect the views of the agency, although some of their data was obtained from staff.
Wind farms are clusters of turbines as tall as 30-story buildings, with spinning rotors as wide as a passenger jets wingspan. Though the blades appear to move slowly, they can reach speeds up to 170 mph at the tips, creating tornado-like vortexes.
Wind farms in two states, California and Wyoming, were responsible for 58 deaths, followed by facilities in Oregon, New Mexico, Colorado, Washington, Utah, Texas, Maryland and Iowa.
In all, 32 facilities were implicated. One in Wyoming was responsible for a dozen golden eagle deaths, the most at a single facility.
The research was published in the Journal of Raptor Research.MORE IN Wire NewsHONOLULU In some ways, it could be any class photo from the 1940s. Full StoryMOSUL, Iraq After weeks of unchanging front lines, the Iraqi army rolled Tuesday into a... Full StoryWASHINGTON The productivity of American workers rose in the July-September quarter at the... Full Story
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Listing Courtesy of Avian Realty
Listing information
- Beds: 3
- Total Rooms: 6
- Parking Type Description: Attached 1 car
- Total Square Footage: 1,654 ($148.07 per sq. foot)
- County: Cook
- Elementary School: Winston Churchill Elementary Sch
- Style: Townhouse
- Baths: 2 (Full: 2 3/4: 0 1/2: 0 Other: 0)
- Stories: 2
- New Construction: No
- Estimated Annual Taxes: $5,435
- High School: Hoffman Estates High School
- Year Built: 1979
- Status: Active with Contingency
- Fireplaces: 1
- Foreclosure: No
- Association Fee: $151
- Middle School: Eisenhower Junior High School
Additional Rooms No additional rooms
Age 31-40 Years
Air Conditioning Central Air
Appliances All Stainless Steel Kitchen Appliances, Dishwasher, Microwave, Oven/Range, Refrigerator
Area Schaumburg
Assessment Includes Common Insurance, Exterior Maintenance, Lawn Care, Snow Removal
Basement None
Basement Bathrooms (Y/N) No
Basement Description Crawl
Bath Amenities Double Sink, Separate Shower, Soaking Tub
Built Before 1978 (Y/N) No
Contingency Flag Attorney/Inspection
Dining Room Combined w/ LivRm
Disability Access and/or Equipped No
Driveway Asphalt
Exposure S (South)
Exterior Building Type Brick, Vinyl Siding
Exterior Property Features Balcony, Patio
Fireplace Details Gas Logs, Gas Starter, Wood Burning
Fireplace Location Living Room
Foundation Concrete
Garage Details Garage Door Opener(s)
Garage On-Site Yes
Garage Ownership Owned
Garage Type Attached
General Information School Bus Service
Heat/Fuel Forced Air, Gas
Interior Property Features 1st Floor Bedroom, 1st Floor Full Bath, 1st Floor Laundry, Hardwood Floors, Vaulted/Cathedral Ceilings
Is Parking Included in Price Yes
Kitchen Type Island
Master Association Fee No
Master Bedroom Bath Full
Other Bedrooms (Below Grade) - 0, Max Pet Weight - 100, Special Service Area - N, Tax Year - 2014, Total # Units in Building - 4, Total Full/Half Baths - 2, Township - Schaumburg, Unit Floor Level - 1
Ownership Fee Simple w/ HO Assn.
Parking Garage
Pet Information Cats OK, Dogs OK
Pets Allowed (Y/N) Yes
Possession Closing
Property Type Attached Single
Recent Rehab (Y/N) Yes
Roof Type Asphalt/Glass (Shingles)
Sewer Sewer-Public
Special Assessments N
Tax Exemptions None
Type Attached Townhouse-2 Story
Virtual Tour None
Water Lake Michigan, Public
Waterfront (Y/N) No
Bedroom 3 Main Level 11X11
Dining Room Main Level 11X11
Kitchen Main Level 11X11
Laundry Room Main Level 5X3
Living Room Main Level 14X23
Bedroom 2 2nd Level 9X11
Master Bedroom 2nd Level 12X23
Listing Courtesy of Avian Realty


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|This is a discussion on Full Tilt's FTOPS is back (FTOPS XXVI) within the online poker forums, in the Poker Rooms section; Full Tilt's FTOPS XXVI Series is set to run from August 3-17, 2014, with 31 events and a guaranteed prize pool of over $4.5 million!
Full Tilt's FTOPS is back (FTOPS XXVI)
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Have any of you satty'd into any games yet? Let us know how you're doing here in the thread!
This starts on Sunday - good luck to any of our members who plan on participating!


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November 21, 2013
Republic Services Inc. announced the deployment of an additional 49 compressed natural gas solid waste and recycling trucks to serve customers throughout greater Houston. The company has introduced a total of 104 new CNG trucks in greater Houston within the past year, replacing older diesel-powered trucks.Republic installed two natural gas fueling stations to support its CNG fleet in greater Houston. Natural gas fueling stations enable CNG trucks to fuel during non-peak hours, which has the added benefit of reduced energy consumption during the refueling process. According to the U.S. Environmental Protection Agency, each new CNG solid waste and recycling truck reduces ozone-forming emissions by as much as 80% when compared to older diesel-powered trucks. In addition, each new CNG truck deployed is equivalent to removing five passenger vehicles from local roads for one year, or to adding 600 mature trees into the local environment.Republic operates a fleet of more than 1,400 CNG vehicles and 26 natural gas fueling stations nationwide. Approximately 50% of all Republic vehicles purchased in 2013 are powered by the domestic fuel source.
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
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Similiar to the HabiStat Dimming Thermostat but calibrated to suit a higher temperature range. Maximum load of 600w.
If you own any sort of exotic pet then thermostats are one of the most important pieces of heating equipment you can purchase. They protect your pet from accidental overheating and give you complete control over vivarium temperatures.
These thermostats are designed specifically for controlling basking bulbs, but can be used to control any other type of heating device such as heat mats or ceramic heaters. Dimming thermostats work by a continous but variable supply of power.
These devices have a control knob which can be twisted with your fingers to the desired operating temperature.
Probe position is important and varies depending on the type of equipment you are using with the thermostat. The product manufacturer encloses additional instructions advising on the best position in each situation.
High Range thermostats most suit desert species of reptile such as a Bearded Dragons and are calibrated for a higher temperature range. For most non-desert species then a HabiStat Dimming Thermostat is sufficient and the High Range model is not required.
We would advise not to rely 100% on the calibration setting of any thermostat, this can vary depending on the probe position and it's good husbandry practice to manually check the temperature with a digital thermometer.
Rankins Dragon
Pogona henrylawsoni
The Rankins Dragons is a smaller species to the Bearded Dragon, reaching a total length of 12 inch. These are ideal for beginners who do not have the space for a large vivarium that is required with the Bearded Dragon.
Prices from £74.95
IHS Breeders Meeting (Sunday 6th November)
Friday 04 November 2016
We will be attending next weekends IHS show at Doncaster Racecourse with a range of livefood, supplies and inverts
IHS Breeders Meeting (Sunday 18th September)
Saturday 10 September 2016
We will be attending next weekends IHS show at Doncaster Racecourse with a range of livefood, supplies and inverts
Habistat Thermostats stock altered
Updated 8th December 17:16
stock altered
Updated 8th December 10:03
New Chinese Flying Frog added to website
Updated 1st December 09:13


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On a number of occasions, we have highlighted the risk of further potential tax amendments in the Russian oil industry. We now see these as imminent. In anticipation of greater volatility in the sector – and at the very least a discussion on potential tax changes – and also reflecting the impressive performance of most oil stocks in the last month, we have returned to our bearish view on the sector. We are downwardly revising our recommendations for Novatek, Gazprom Neft and Surgut ords to Hold. Gazprom is now our top pick (Buy).
Among the specific implications, we believe that downstream (primarily, refining and bunkering) is likely to be more negatively affected, while upstream might even benefit from tax reform. Hence, Bashneft, Gazprom Neft and Lukoil would be affected most, assuming no operational changes, while Tatneft and Surgut might even benefit, due to their greater exposure to upstream. However, the well-established trend of efficiency deterioration will find further support, in our view.
After the recent rally on Russian stocks we are returning to our negative view on the sector in general, despite the undemanding valuations. Our reservation here is that in cases of sell-offs of Russian stocks, Russian oils are considered a defensive play, and we do not expect that it would be different if such a broad sell-off happens again. Due to the decent dividend yield and significance of the strategic agreement with China, we believe that Gazprom shares are probably one of the most comfortable plays for all types of investors with any view on overall Russian market trends. We are downwardly revising our recommendations for Novatek, Gazprom Neft and Surgut ords to Holds.


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Toshiba, which is in a next-generation DVD format battle with Sony's Blu-ray Disc, unveiled a two-sided disc that has standard DVD on one side and Toshiba's new HD DVD on the other side. Both it and its single-sided HD DVD won immediate support from three Hollywood studios.
Full Story:MarketWatch, Variety (subscription required)


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VS1821 - Motorcycle Bead Tool
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: VS1821
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o A must for installing tyres on spoked wheels.
o Slot hooks round spoke and pushes bead down on opposite side of the tool.
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Granita Recipe
Lemon Granita Recipe from Sicily #ridecolorfully
Fresh Strawberry Granita Recipe | whatscookingamerica.net | #strawberry #granita
Pineapple and lemon summer drink. I bet a little rum, vodka, or whiskey wouldn't hurt ;)
31 Foods That I Totally Have a Crush On - Paper and Stitch
Caramel Macchiato Granita Recipe. #summer #desserts #granita
Kicked-Up Coffee Granita with Bailey's and @Kahlua recipe from @cookswcocktails - When we took that first bite of this Coffee Granita, dang it was good! Strong coffee, slightly sweet and creamy from the topping. You can really taste the vanilla bean in the cream too.
Limoncello Granita Recipe | whatscookingamerica.net | #limoncello #granita
pineapple-granita Recipe - RecipeChart.com
Strawberry Rose Granita via GourmandeintheKitchen.com Strawberry Rosé Wine Granita Recipe
I made this today it was so flipping good, but instead of using lemon extract i used cherry.. Yummy. I'm definitely making this again.


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Tim Lihoreau
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It's a packed show at Classic FM Live 2012 and Margherita Taylor is hosting the show alongside John Suchet and a host of Classic FM presenters including Alan Titchmarsh, Alex James, Myleene Klass, Laurence Llewelyn-Bowen and Nicholas Owen.
Having been backstage for most of the day, soaking up the atmosphere and enjoying the rehearsals, Margherita told Tim about her excitement of seeing Karl Jenkins conduct The Armed Man in person and getting the tissues on standby for the end of the piece.
Other highlights for Margherita will include the first ever piece performed on Classic FM, 20 years ago "the piece I'm most looking forward is to Zadock the Priest, it always makes my top 3 in the Hall of Fame for Classic FM."
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Flute Concerto No.2 in D major (2) Wolfgang Amadeus Mozart
Cosi fan Tutte - Overture Wolfgang Amadeus Mozart
Piano Concerto No.25 in C major (1) Wolfgang Amadeus Mozart


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Jake McKelvie & the Countertops
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New powerful BET documentary examines LGBTQ life inside the Black Church
November 11, 2015
Read More: Black LGBTQs, Clay Cane, documentaries, faith and sexuality, videos
"I believe that the enemy has invaded them. I just don't think they were born that way." This commentary is the opening line of Holler If You Hear Me: Black and Gay in the Church, a new movie which frames the stories and problems young African American LGTBQ lives of the Black Church.
In the realm of humanity and LGTBQ rights, slow strides are being made in regards of awareness of the amount of physical and mental abuse faced by Black youth. Many continuously endure the tribulations of devout faith, religion, and their own sexual identities.
"The church is a root of African American culture…" said Clay Cane, the documentary's developer and producer, and the Entertainment BET.com Cane says in the documentary. "What happens to a person when they are taught they are an abomination? How can someone value their life when they are told that their existence is a sin?"
While set in one of the more progressive Black cities in the South, Atlanta, GA, Cane still struggled to find people willing to be documented discussing their own understanding of the intersections of gender, sexuality, race, and religion.
"People who were afraid to do the interviews; afraid to lose their jobs. People were born and raised in the church, their jobs might be in the Church, their livelihood, their families, everything they know of," Cane said.
But their connection to the church was just as key as their ability to be filmed and he said developing trust with those featured in the movie was key to its success.
The unique ties Black people have to their churches is something else Clay said stood out. The history of holy places as refuge from from slavery, or a way to escape from Jim Crow, and finally where the Civil Rights Movement formed long before marches in the streets.
"The Black church is rooted in the African American community in a very unique way," he said.
While The title of the documentary could be alluding to TuPac's notable, similarly titled track which poaches on the hardships of acceptance and reliability within our society, Cane said he was influenced by his personal exploration and experiences as a Black and Gay man as well.
"Growing up, when I began dating, I met people who were going through extreme suffering (within the Black church) with theological and spiritual violence. It was heartbreaking to see, someone who I dated for a long time, who is in his 30′s now, has yet to work through the years and years of his suffering of theological and spiritual violence," he said. "I can't say that I am a church kid, but it is part of my world, and my community as a Black, gay man."
A couple of young LGTBQ African-American adults in the documentary who were interviewed include Tonyka and Kesawn.
Tonyka discussed her coming out to her family, and her relationship with her wife Jonita: "When I came out, my family, for the lack of better word–they shunned me…I don't understand how that God that I love and the God that I serve would condone them (Tonyka's family) treating me the way that they do."
The two actually met through the church they attend together and they eventually fell in love and decided on marriage.
"You cannot deny the hand of God and the blessing of God on our lives," Tonyka said.
On the other side of the embracement of sexuality, is Kesawn's acceptance, but journey to "cleanse" his homosexuality.
"Truth be told, I will never find a comfort zone in the gay lifestyle," Kesawn said who was interviewed in the documentary. He is the manager of Lost-N-Found, an LGTBQ center for troubled youth. Though he identifies as a gay man, he still strongly holds the beliefs of the Black Church, and Christianity.
When Cane asked Kesawn about Black churches ran by LGTBQ-supportive, or even gay, pastors, Kesawn controversially stated:
"I do not believe in them [Gay stronghold churches], and I understand that the Lord can come from anywhere. I was raised where you look to your pastor to be your spiritual guidance. You look for them for the strength when you are weak. For me personally, I cannot look to you (gay pastors) knowing you do the same sin I do. And you cannot help me overcome it (homosexuality) even if I wanted you to, because you're comfortable with this lifestyle."
Kesawn's views, he claims, come from his childhood home and the faith-based values that has always been ingrained in him by his family. His story inadvertently proves Cane's theory about the struggles LGBTQ Black people have after being raised in strict faith. It's impossible for some to be a distinct LGTBQ Black person separate from their church – for better or worse.
As for solutions to the problem, Cane said "there is no magic-wand."
"The takeaway for this documentary is that I want people to acknowledge that spiritual and theological violence is just as damaging as physical and emotional abuse," he said. "I hope when people watch this with their families, friends, and Church members that maybe after hearing these stories, that these people aren't experiencing the love of God, but experiencing abuse that can ruin someone for a long time."
Be sure to watch the documentary Holler If You Hear Me: Black and Gay in the Church in works with BET.com and hear the inspiring and insightful stories about faith and sexuality from Black LGTBQs.
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The amazing Vice TV show "Gaycation" puts actress Ellen Page in some of the craziest and sometimes dangerous situations imaginable. The actress and lesbian, along with her best friend Ian Daniel, have gone to Brazil, Japan, Jamaica and a nice cross-country US road trip documenting the life of LGBTQ folks along the way. There were [...]August 25, 2016
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|Red Sox president Sam Kennedy on OM&F: John Farrell 'the right guy to continue to lead this franchise'
|10.12.16 at 11:55 am ET
Red Sox president Sam Kennedy checked in with Ordway, Merloni & Fauria on Wednesday morning, following Tuesday's press conference in which the team announced John Farrell will return as manager. To hear the interview, go to the OM&F audio on demand page.
Kennedy supported Tuesday's decision on Farrell, saying, "I think he's the right guy to continue to lead this franchise."
However, Kennedy was unclear where the team stands on Farrell's 2018 option. President of baseball operations Dave Dombrowski said Tuesday that it would be ownership's call.
"Dave will make a recommendation to ownership, and I have a seat at that table. We'll talk about that in the coming days, to be sure," Kennedy explained. "He knew he was going to get that question [about Farrell's future] yesterday, again, right after a tough loss, and just wanted to address what we all knew, which was John will be back next year. [Dombrowski] will sit down and talk with us, specifically John Henry and Tom Werner, about a lot of these operations issues that we're facing now in the immediate aftermath of going out in the postseason, including John Farrell's option. So that will be discussed. But there's a lot of other decisions that have to be made as well. Some will be recommendations from Dave, and some will just be firm decisions that he's empowered to make on his own."
Looking at the team's disappointing performance in the ALDS, Kennedy said he can't pinpoint a clear reason for the sweep at the hands of the Indians.
"What makes this the best baseball market on the planet is that we'd all love to try and point to one or two specific things," Kennedy said. "I know my dad, for example, has his theories. He didn't like the night in New York, after clinching the division and losing that awful game against the Yankees. Others may be quick to point to celebrations for David Ortiz.
"Look, if I knew what caused such a struggle with the bat in the postseason and not pitch our best, I'd probably be doing something else for a living, because I can't point to a specific incident other than we just fell short of expectations. It was incredibly frustrating to watch those three games, because we felt we were positioned for a deep postseason run. At the end of the day, we didn't get it done. I tip my cap to Terry Francona and [team president] Chris Antonetti and everyone at the Cleveland Indians. They beat us, and we have to tip our cap to them, as painful as it is to do that."
|Curt Schilling on K&C: Most MLB GMs agree that 'in-game managing is not the priority'
|at 10:09 am ET
Baseball analyst Curt Schilling, making his weekly appearance with Kirk & Callahan on Wednesday, expressed some surprise that the Red Sox are allowing John Farrell to return as manager. To hear the interview, go to the Kirk & Callahan audio on demand page.
Schilling indicated that he did not believe Farrell deserved to be fired, but with Tuesday's press conference coming on the heels of a sweep by the Indians in the ALDS, the opening was there to make a change.
"If Dave had been looking for an out, he had it. He didn't take it," Schilling said. "I'm glad, obviously, because John is a dear friend. I guess I'm surprised in the sense I don't really know Dave Dombrowski that well and I was expecting something, if it was going to happen, to happen."
Farrell has taken some heat for his strategic moves, but Schilling agreed with Dombrowski that there is much more to being a good manager than making all the right decisions during games.
"He made it very clear yesterday, which I think is a lot of the things that most general managers believe now, which is in-game managing is not the priority," Schilling said. "It's about — given the money and given the state of the game — it's about managing your players, about getting them to play up their capabilities. They clearly didn't do that this series, but I blame Cleveland for that at some point.
"But I think managers have a lot more input and say lineup-wise, roster-composition-wise. So they don't need the Tony La Russa, who he thinks he's very much the smartest guy, that he invented the game. They need the guy that can get Manny Ramirez out there 145 days a year."
|Red Sox notes: David Price could pitch out of bullpen, more details on team meeting
|10.08.16 at 6:21 pm ET
The Red Sox can't hold anything back now.
The team enters Sunday trailing the Indians 0-2 in the best-of-five series and are one loss away from their season being over.
Clay Buchholz will start Game 3, but if there is a Game 4 on Monday, Eduardo Rodriguez could be replaced in the rotation by Game 1 starter Rick Porcello on three days rest.
"We'll take it game-to-game," manager John Farrell said. "We've obviously used [Drew] Pomeranz out of the bullpen. I wouldn't limit not using David Price out of the bullpen. That's certainly a possibility.
"So again, you go back to all hands on deck. You figure it out as you go. But there's certainly a starting plan tomorrow, and that's with Clay."
Porcello threw 72 pitches Thursday, so that would help his cause with coming back on three days rest. If there was an opportunity for Price to come out of the bullpen, it helps that he only threw 65 pitches on Friday.
When deciding on a potential Game 4 starter, it's worth noting the splits of both Porcello and Rodriguez. Porcello is 13-1 with a 2.97 ERA at Fenway Park this year, while Rodriguez was 0-4 in nine starts with a 6.02 ERA. If there were to be a Game 5 in that scenario, it would seem likely Price would get the nod on normal rest, assuming he doesn't come out of the bullpen in any of the games at Fenway.
Even though the Red Sox are struggling offensively in the series so far — 13-for-65 (.200) with 22 strikeouts — Farrell doesn't expect any big changes. It's also worth noting Game 2 marked only the eighth time in 164 games they didn't get an extra-base hit.
"Haven't looked at there being any wholesale changes, no," Farrell said
— In the clubhouse, a few members of the team added more detail of the team meeting the team had prior to their workout on the field. The biggest message seemed to be to forget what happened in Cleveland.
"Just that we have to put everything past us and try to start new tomorrow, and win one game," Mookie Betts said. "We can't look too far ahead of ourselves."
"It was everybody," Betts added. "We all had a message, we all listened to the message and I think we'll put everything into play tomorrow."
— Three of the Red Sox' youngest players have struggled so far in the series, as Betts, Xander Bogaerts and Jackie Bradley Jr. are a combined 2-for-20 with 10 strikeouts.
"It could be nerves," Betts said. "It's a lot of guys' first times in the playoffs, but now we're two games in. We kind of have settled in. I think we know what we need to do."
— The Red Sox are hoping returning home will help give them a jump start that they desperately need.
The team is 26-13 in postseason games at Fenway since 1999 and 10-3 in ALDS play. During the regular season, the Red Sox led the AL in runs scored per game at home with 5.89 and also in batting average, hitting .300 at Fenway.
"It's just good to be back in Boston," Holt said. "We love playing here. Cleveland showed us what home field advantage can do, so we're hoping to have that here. It was a good meeting. Just talked about the last couple of days and putting them behind us."
|David Price's miserable postseason resume just got worse, if that's possible
|10.07.16 at 9:47 pm ET
CLEVELAND — David Price's shot at postseason redemption must wait — maybe until next October.
The Red Sox left-hander, mystifyingly winless in eight postseason starts entering Game 2 of the American League Division Series on Friday, delivered perhaps the worst playoff outing in a career full of them.
Price last just 3 1/3 innings, allowing six hits and five runs, giving the Red Sox no chance against fellow Cy Young Award winner Corey Kluber, who shut them out for seven innings in Cleveland's 6-0 victory that pushed the Red Sox to the brink of elimination.
"It's coming," Price said. "I know my number's going to get called again to pitch a game in 2016, and I'll be ready. I want it, for sure, and I know these guys will give it to me."
If only there were a reason to feel confident. Say what you want about Price's miserable record as a postseason starter entering the game (0-7, 5.27), but he had given his teams at least six innings in each of his eight previous playoff starts.
In not escaping the fourth against the Indians, however, Price saw his postseason ERA as a starter climb to 5.74.
"Just, made some pitches, didn't have good things happen," Price said. "That's part of it. Those guys are playing well right now. Our confidence isn't altered. This is a very confident group, even though we're down 0-2 right now. This team has been there before. We're all right."
But is Price? He was asked about the mounting frustration of constantly answering questions about his postseason failures.
"I have two wins in the postseason, just not as a starter," Price said. "But I know good things are coming to me in October baseball. I know that. I didn't have good things happen today. The Indians are playing well. Kluber threw the ball extremely well today. They had good things happen. That's part of it."
Price gave up three relatively soft hits in the second to give the Indians a 1-0 lead before Lonnie Chisenhall, who hadn't homered against a left-handed pitcher all year, pulverized one off the plexiglass in right field for a three-run homer that blew the game open and deflated the Red Sox.
"Two of the best pitches I felt like I threw in the second inning, one was an infield single and one was a three-run home run," Price said. "That's part of it. It stinks to say it. It stinks to have it happen. But I feel good. I know this team is still confident. I'm still confident in these guys. I know that everybody in this clubhouse is still confident. We're going home, where we play well. Get that first one."
As things stand now, Price is slated to start Game 5. But on Friday, he helped reduce the odds of the Red Sox even lasting that long.
"Yeah, that stunk, for sure," Price said. "I'll be ready. When my number is called again, I'll be ready to go out there and get outs."
|Sunday's Red Sox-Blue Jays matchups: David Price vs. Aaron Sanchez
|10.02.16 at 8:06 am ET
In Sunday afternoon's regular-season finale at Fenway Park, Red Sox left-hander David Price will prepare for the postseason when he gets the start against Blue Jays right-hander Aaron Sanchez.
Price is 17-9 with a 4.04 ERA and 1.200 WHIP. He leads the league with 34 starts and 225 innings pitched. In his last start on Tuesday, Price saw his nine-start unbeaten streak come to an end in a 6-4 loss to the Yankees that delayed the Red Sox' AL East title. Price went 6 1/3 innings, allowing six runs on 12 hits (including three home runs) and a walk with two strikeouts.
"I've been throwing the baseball well the past couple of starts and to have a chance to clinch the division for us here, that's not acceptable," Price said (via MLB.com). "If our offense scores me four runs, I feel like I like I should go out there and be able to win. That hasn't been the case a lot of the times this year, and that wasn't the case tonight."
Price has faced Toronto thrice this season — the last time on June 3 — going 1-1 with a 2.66 ERA and 1.180 WHIP. In 24 career appearances vs, the Jays, Price is 17-3 with a 2.44 ERA and 1.078 WHIP.
|Tuesday's Red Sox-Yankees matchups: David Price vs. Luis Cessa
|09.27.16 at 8:24 am ET
With their magic number to clinch the AL East at one, the Red Sox head to Yankee Stadium to open a three-game series. David Price will take the ball for Boston, while the Yankees will counter with rookie Luis Cessa.
Price is 17-8 with a 3.91 ERA and a 1.175 WHIP in 33 starts. In his last start on Thursday, the southpaw threw seven innings, allowing three runs, six hits and two walks with five strikeouts in a 5-3 win over the Orioles.
"This is the time of year you want your team to get on a roll in the way we have," Price said (via MLB.com). "That's what we've done and just continued to bring the same attitude to the field every day."
Price is 14-9 with a 4.44 ERA and a 1.344 WHIP in 35 career games (34 starts) against the Yankees. In four starts this year against New York he is 1-2 with a 7.71 ERA and a 1.714 WHIP. Price last saw the Yankees on Sept. 17. He went six innings, allowing five runs, nine hits and no walks with seven strikeouts in a 6-5 Sox win.
|Stunned Red Sox players react to death of Jose Fernandez
|09.25.16 at 12:39 pm ET
The shocking death of Marlins ace Jose Fernandez in a boating accident on Sunday morning swept across baseball, with Red Sox players among the hundreds of players, coaches, and media offering their condolences.
Here's a sampling of Red Sox reaction, gathered from social media.
I dont have the words to describe the pain feel for the loss of my friend Jose. Goodbye, my friend. pic.twitter.com/xvaa5z62RW
— David Ortiz (@davidortiz) September 25, 2016
Can't be true. CANNOT be true!
— Hanley Ramirez (@HanleyRamirez) September 25, 2016
My heart is with Jose's and the other victims' families, and my cherished Marlins family. My deepest condolences. This is heartbreaking
— Hanley Ramirez (@HanleyRamirez) September 25, 2016
wow very sad new this morning…hands down one of my favorite guys to watch pitch! He brought nothing but intensity and passion #ripjose
— David Price (@DAVIDprice24) September 25, 2016
Please pray for Fernandez's family today..absolutely sickening news. Worst news to wake up to
— Travis Shaw (@travis_shaw21) September 25, 2016
My gosh. Just sick in my stomach hearing about Jose Fernandez. Praying for his family, friends, and teammates…
— Brad Ziegler (@BradZiegler) September 25, 2016
Woke up to terrible news! Our baseball community has been hit hard from the loss of Jose. May God bless his family 🙏🏾#LongLiveJose
— Mookie Betts (@mookiebetts) September 25, 2016
|Thursday's Red Sox-Orioles matchups: David Price vs. Chris Tillman
|09.22.16 at 8:27 am ET
Looking to complete a four-game sweep of the Orioles, the Red Sox will send out David Price opposite right-hander Chris Tillman in Thursday night's series finale.
Price is 16-8 with 3.91 ERA and a 1.176 WHIP in 32 starts. In six innings of work on Saturday, Price surrendered five runs, nine hits and no walks while recording nine strikeouts in a 6-5 win over the Yankees. The southpaw didn't factor in the decision, which ended his streak of wins in seven straight outings.
In his career against the Orioles, Price is 10-5 with a 2.83 ERA and a 1.112 WHIP in 23 starts. This season against the O's, he is 2-1 with a 3.67 ERA and a 0.667 WHIP in four starts. His last outing vs. Baltimore was on Aug. 17. In a rain-shortened game, he pitched six innings, giving up one run, four hits and no walks with four strikeouts in an 8-1 Sox win.
|Saturday's Red Sox-Yankees matchups: David Price vs. Bryan Mitchell
|09.17.16 at 8:12 am ET
Saturday afternoon's Red Sox-Yankees matchup will feature the streaking David Price opposite right-hander Bryan Mitchell.
Price is 16-8 with a 3.81 ERA and a 1.167 WHIP in 31 starts. Over his last seven starts Price has been dominant, going 7-0 with a 2.16 ERA.
"He's thrown much more consistent quality starts," Red Sox manager John Farrell said (via MLB.com). "He's on a run right now that might be the best run of his career inside not only these seven consecutive wins he's recorded, but the second half of the season. He continues to increase his power, he's maintained his direction through the lane in which he's intending to execute pitches."
On Monday, Price went eight solid innings, giving up just two runs, two hits (both home runs) and no walks with nine strikeouts in a 12-2 win over the Orioles.
"A guy like David is pitching as well as anybody in baseball is right now," Orioles manager Buck Showalter said. "That's why he can command those type of commitments they made to him. That's a great example of how important those guys are."
Against the Yankees, the southpaw is 14-9 with a 4.35 ERA and a 1.340 WHIP in 34 games (33 starts). This season against New York, Price is 1-2 with a 7.79 ERA and a 1.788 WHIP in three starts. His last outing against the Yankees came in July when he pitched 5 2/3 innings, allowing three runs, 11 hits and one walk with one strikeout in a 3-1 Yankees win.
|David Price's run (7 straight wins) coming at perfect time for Red Sox
|09.12.16 at 11:13 pm ET
David Price is proving why the Red Sox signed him to a $217 million contract last December.
September and October are when the most important games of the season are played and the Red Sox' ace is pitching the best he has all season.
His latest effort game Monday night when he allowed two runs on two hits (both home runs), while not walking a batter and striking out nine in a 12-2 Red Sox rout of the Orioles at Fenway Park.
It was the left-hander's seventh straight win — the first time he's accomplished the feat in his career.
"Execution. Sticking with it. That's what it is," Price said to what the key has been.
Over those seven starts dating back to Aug. 12 he has an ERA of 2.16, but Price's run goes back to the middle of May following a poor start to the season. Since May 12, Price has an ERA of 2.99 and currently his ERA sits at 3.81, the lowest it has been since after the first game of the season.
It's hard to imagine that on May 7 his ERA was 6.75.
Price's recent success has come at the same time as the success of the overall team as they have finally put everything together at once (hitting, starting pitching bullpen) to open a two-game lead in the American League East.
"We're playing well, for sure," Price said. "We all have that feeling in the clubhouse, out in the dugout. This is a very close-knit group of guys. That is what you want to be part of. That is what makes 162 games plus spring training that much fun. That's why I am here. I knew the veterans that we had and the young guys that we had and how tight they were in that clubhouse. That's not work. This is all fun."
Specific to Monday's game, the Red Sox got on the board early as they put up a five-spot in the first inning, giving Price plenty of room to work with against one of the best lineups in the game, but the left-hander still pitched like it was a 0-0 game.
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A systematic review of 12 studies involving more than 190,000 patients showed bisphosphonate therapy was linked with a 27% higher risk of atrial fibrillation and 40% increased risk of serious atrial fibrillation. Bisphosphonate use, however, did not raise patients' risk of stroke or cardiovascular death. The findings appeared in the journal Chest.
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Microsoft's B2B campaign for Office 2010 made model use of triggered e-mail, according to this case study. The customer nurturing program involved a lengthy process of triggered e-mail to get new purchasers started and immediately productive. Employing heavy use of video content and putting real people using the product at the center of the campaign, Microsoft enjoyed an 800% increase in open rate, a 2,100% increase in clickthroughs and got two-thirds of customers to try a new feature.
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The Network of Women in Media, India, is an association which aims to provide a forum for women in media professions to share information and resources, exchange ideas, promote media awareness and ethics, and work for gender equality and justice within the media and society. Local groups linked to the NWMI are currently functioning in 16 centres across the country.
Narrating how casteist editors and reporters impact news stories on caste, she requested journalists to be casteless
A contributor to scroll.in, she was among the few journalists reporting on human rights abuses from Bastar, Chhattisgarh
Ammu Joseph, an NWMI co-founder, stirred nostalgia and hope at the Hyderabad national meet
The Network of Women in Media, India (NWMI), in its 12th national conference held in Hyderabad from November 11 to 13, expresses its concern at the state of siege under which the media finds itself. Recent examples include those of a journalist being shot dead in Bihar, assaults by the police in Tamil Nadu, the one-day attempted ban on NDTV India, a similar ban ordered on the Assam TV channel News Time, and the over-one-month ban on the daily Kashmir Reader.
Open sessions at the 12th National Meet of the Network of Women in Media on November 11 and 12, 2016: Panel discussion at the Hyderabad Press Club, cultural programme and book release at Telugu University Auditorium...
The 12th National Meet of the NWMI is scheduled to be held in Hyderabad November 11-13, 2016 at the Osmania University Campus. Within the overall theme Gender and the Media: Continuities and Discontinuities, the meeting will explore issues such as 'Inclusive newsrooms' and diversity of class, caste and ethnicity in the media.
The NWMI on October 15 learnt that journalist Rupesh Samant's name was struck off the accreditation list for the BRICS Summit in Goa. While his name featured in the list submitted by PTI, the Ministry of External Affairs is believed to have instructed the PIB not to give him the accreditation card.
Rebutting TV9 Kannada's "Operation Anandi", the Karnataka Transgender Samithi asks state, society and media for support
The Network of Women in Media, India (NWMI) is outraged at the attempt to intimidate and silence publisher Indranil Roy and editor Krishna Prasad of Outlook magazine and award-winning independent writer Neha Dixit for an important investigation into the trafficking of young girls from Assam to Gujarat and Punjab.
The Network of Women in Media, India, strongly condemns the continuing online abuse and harassment of women in general and women journalists in particular. We believe this growing phenomenon not only amounts to gender-specific hate speech but also represents an increasingly common form of gender violence and a disturbing threat to freedom of the press.
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September 4, 2007
CARLENE MAGURNE, PLAINTIFF-APPELLANT,v.ANTHONY MAGURNE, DEFENDANT-RESPONDENT.
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FM-02-2565-99.
Submitted August 28, 2007
Before Judges Payne and Messano.
Plaintiff Carlene Magurne appeals from a September 22, 2006, order that 1) denied her post-judgment motion seeking reimbursement of medical expenses for her children, and 2) awarded defendant counsel fees and costs. She raises three points on appeal.
Defendant Anthony Magurne contends that the judge correctly denied plaintiff's motion, or, alternatively, that portions of the motion are now moot. He also argues that the judge's order awarding him counsel fees and costs was appropriate.
We have carefully considered these contentions in light of the record and applicable legal standards. We reverse in part, affirm in part, and remand the matter to the motion judge for further proceedings consistent with this opinion.
The procedural history that led to this appeal is quite convoluted and requires some explication. Plaintiff and defendant were married in 1986 and had two children together --Amanda, born September 10, 1987, and Emily, born July 18, 1989. Since their divorce in 2000, they have appeared before the Family Part and before us in a number of post-judgment proceedings.
The details of the parties' marital history, their initial property settlement agreement, and the early post-judgment motion practice are set forth at length in our unreported decision in A-2202-05, decided February 15, 2007, and we need not recite them again at length. While that appeal was pending, plaintiff filed a pro-se motion seeking reimbursement from defendant for medical expenses incurred on behalf of their children.*fn1
In a letter dated February 27, 2006, the motion judge responded by informing both parties that "[p]ursuant to R. 2:9-1," the plaintiff's appeal from two prior 2005 orders involving "the issue of unreimbursed medical expenses" prohibited consideration of the motion. The judge entered an order dated March 18, 2006, "nunc pro tunc to February 17, 2006," staying the motion and cross-motion pending our decision.
In July, 2006, undeterred, plaintiff again moved pro-se for reimbursement of $1400 of medical expenses incurred on behalf of Amanda only. Plaintiff argued that these expenses were governed by a June 7, 2002, order, and not by the orders that were under appeal before us. The 2002 order provided in relevant part
The [d]efendant shall be responsible for all future unreimbursed medical expenses for the children provided the [p]laintiff utilizes network physicians, except if such providers were previously used prior to this Order and the [p]laintiff submits the bills to the [d]efendant or the insurance provider within a reasonable time.
Defendant opposed the application and argued that the medical provider in question, Ann Marie Cecere, an out-of-network social worker, never treated Amanda prior to June 7, 2002, and, under the terms of the order, he was not responsible for reimbursement. He also sought an award of counsel fees for having to oppose plaintiff's "frivolous challenge[]."
On September 22, 2006, the parties appeared before the motion judge. It is obvious from the transcript that the judge's patience with plaintiff's motion practice had worn thin. At one point, the judge, somewhat exasperated by what she perceived to be plaintiff's constant interruptions, stated,
Why don't you get your thoughts together? When you're ready to stop talking, I'll come back out.
The judge apparently then exited the courtroom and did not return until some later point in time.
On the merits of plaintiff's motion, the judge concluded that plaintiff had "fail[ed] to provide any proofs," that the "expenses claimed . . . for Amanda's treatments," were defendant's responsibility under the terms of the June 7, 2002, order. The judge determined that plaintiff had not proven that Cecere had ever treated Amanda prior to the date of the order, and, under the terms of the order, defendant was not responsible for those expenses.
Defendant then sought an award of counsel fees. Defense counsel argued "the only way that we are going to be able to stop the incessant appeals and letters and motions and everything else . . . is to tell [plaintiff] it's time she starts paying for all of this, that she starts paying for legal fees." The judge, without further explanation, determined plaintiff was responsible for counsel fees, characterizing the motion as "a huge waste of time and energy." She advised defense counsel to "submit a certification of services."
Apparently, before leaving the courtroom, defense counsel completed a form order that the judge executed and filed that day. By its terms, the order denied plaintiff's motion for unreimbursed medical expenses for Amanda, the judge finding that Cecere "treated [only] plaintiff, defendant and Emily" prior to the entry of the June 7, 2002 order. The judge further denied "plaintiff's motion for unreimbursed medical expenses for Emily" "pending the outcome of the appeal . . . ."*fn2 Lastly, the order provided that "[d]efendant may be awarded attorney's fees and costs upon proper certification of counsel."*fn3 Plaintiff then filed this appeal.
As noted above, on February 15, 2007, we decided plaintiff's appeal and defendant's cross-appeal of the motion judge's prior orders entered in 2005. Our decision affirmed in part, reversed in part, and remanded several issues to the judge for further consideration, with or without, a plenary hearing as necessary. In large measure, our opinion focused on the appropriate methodology to be utilized in the computation of child support, expenses, and alimony, and not on the precise issue of whether plaintiff or defendant was responsible for these particular medical expenses reflecting Cecere's treatment.
To the extent plaintiff challenges in Point I the motion judge's refusal to consider her request for reimbursement of Emily's medical expenses, the merits of the issue are not before us since they were never argued below. The motion judge entered a stay that initially postponed any resolution of that issue until our decision in A-2205-05 was filed. Plaintiff's motion that resulted in the order now under appeal simply never raised the issue.
Therefore, we cannot discern why the motion judge included this language in her order. We assume the judge has, or will, lift the stay and will consider plaintiff's request on its merits either independently or in the context of the remand proceedings. For purposes of clarification, therefore, we reverse that portion of the motion judge's order denying plaintiff's request for reimbursement of Emily's medical expenses and remand the matter to the motion judge for determination on the merits.
We also reverse that portion of the order that apparently awarded defendant an undetermined amount of counsel fees. While the award of counsel fees in a matrimonial action rests within the sound discretion of the judge, Addesa v. Addesa, 392 N.J. Super. 58, 78 (App. Div. 2007), our court rules specifically guide the exercise of that discretion by listing those factors to be considered by the judge prior to making any award. R. 5:3-5(c). Our review of this record fails to disclose any consideration by the motion judge of these relevant factors. We therefore reverse that portion of her order and remand the matter for further consideration.
Lastly, plaintiff contends that the judge essentially changed the terms of the June 7, 2002, order without the production of any testimony or evidence demonstrating a change in circumstances. Since both parties acknowledge that Cecere provided counseling services to the Magurne family prior to that date, plaintiff contends that the express language of the order "protects" Cecere and assures payment from defendant for the services she rendered at any time to plaintiff or her daughters.
In reviewing the factual determinations made by the motion judge, we note that her findings and conclusions should not be disturbed if they are supported by substantial, credible evidence in the record. Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 483-84 (1974). And, in particular, we must "accord deference to family court factfinding," given the "family courts' special jurisdiction and expertise in family matters." Cesare v. Cesare, 154 N.J. 394, 413 (1998).
Here, the motion judge explicitly found that Cecere was not treating Amanda at the time the June 7, 2002, order was entered. There was ample evidence in the record to support this conclusion. First, plaintiff herself admitted Cecere "said to [her], after seeing [her] and [her] children, the three of [them], that she could not treat Amanda because Amanda was possibly bipolar." Second, the bills produced failed to prove that Cecere was treating Amanda at the time. Third, and perhaps most persuasive, defendant produced a letter from Cecere in which she admitted treating Emily and "both Mrs. Magurne and Mr. Magurne," but acknowledged that a "separate psychiatrist and psychologist have always treated their other daughter, Amanda Magurne." Therefore, we find no basis to disturb the motion judge's determination that Cecere had not provided treatment to Amanda as of June 7, 2002.
Nor do we find plaintiff's interpretation of the language of the order to be persuasive. We think it is clear that although defendant was responsible for all future unreimbursed medical expenses, he was only responsible "provided the Plaintiff utilize[d] network physicians." The exception to this general rule occurred whenever the specific provider was "previously used prior to this Order." We believe it is clear that defendant was responsible for the unreimbursed bills of an out-of-network provider, like Cecere, only if that provider had previously provided treatment to the family member before June 7, 2002. Since Cecere never provided treatment to Amanda before then, the judge properly denied plaintiff's request and we therefore affirm that portion of the order that denied the reimbursement of $1400 in medical expenses attributed to Cecere's treatment of Amanda.
Affirmed in part; reversed in part; remanded for further proceedings consistent with this opinion.
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United States District Court, E.D. California
November 24, 2014
SCOTT JOHNSON, Plaintiff,v.ETHAN CONRAD, et al., Defendants
For Scott Johnson, Plaintiff: Mark D. Potter, LEAD ATTORNEY, Center for Disability Access, San Diego, CA; Phyl Grace, Potter Handy LLP, San Diego, CA.
For Ethan Conrad, Defendant: Eric Ray Garner, LEAD ATTORNEY, Wagner Kirkman Blaine Klomparens & Youmans Ll, Mather, CA.
For America's Party Rental, Inc., a California Corporation, Defendant: Eric Ray Garner, LEAD ATTORNEY, Wagner Kirkman Blaine Klomparens & Youmans Ll, Mather, CA.
Plaintiff Scott Johnson (" Plaintiff") initiated this action against Defendants Ethan Conrad and America's Party Rental, Inc., (collectively " Defendants") seeking damages and injunctive relief for violations of the Americans with Disabilities Act (" ADA"), 42 U.S.C. § 12101, et seq.; California's Unruh Civil Rights Act, California Civil Code § § 51-53; California's Disabled Persons Act, California Civil Code § § 54-54.8; and for negligence. Presently before the Court is Defendants' Motion to Dismiss for lack of subject matter jurisdiction (ECF No. 14). For the following reasons, the Motion is DENIED.[1]
Plaintiff is a quadriplegic who cannot walk and has significant dexterity impairments. He uses a wheelchair for mobility and has a specially equipped van. Together, Defendants own and/or lease the property on which an American Party Rentals building is located.[3] American Party Rentals is a business establishment and place of public accommodation.
Plaintiff avers that he has frequented American Party Rentals in the past and encountered barriers to access that deterred him from further attempts at patronage. More specifically, although parking is provided to American Party Rentals patrons, no functioning and compliant handicap parking space is available. According to Plaintiff, on information and belief, Defendants have a pattern and practice of neglecting the maintenance upkeep of the parking lot such that the handicap parking that once existed has faded into oblivion. As a result, Plaintiff initiated this action alleging violations of state and federal law.[4]
Defendants now move to dismiss Plaintiff's ADA claim on the grounds that the purported barriers allegedly have been modified so that the parking lot now complies with federal law. In support, Defendants offer the declaration of Ethan Conrad, the owner of the American Party Rentals property and CEO of Ethan Conrad Properties, Inc. Decl. of Ethan Conrad, ECF No. 14-3 ¶ 1. According to Mr. Conrad, who has been a commercial real estate broker and principal since 1989, and who is " one of the most active and respected commercial real estate landlords in the Greater Sacramento Area, " his in-house construction company, Ethan Conrad Construction, made numerous improvements at the American Party Rentals site to bring it into compliance with the ADA. Id. ¶ ¶ 4-7.[5] Among other things, Mr. Conrad opined that his construction company " altered the handicap parking space and access aisle by shifting them left to ensure compliance with ADA regulations." Id. ¶ 7.[6]
Since the only remedy sought under the ADA is an injunction, and since, given their remedial efforts Defendants contend there is no likelihood of future harm, Defendants ask that the ADA claim be dismissed, essentially as moot, and that the Court decline to exercise supplemental jurisdiction over Plaintiffs' state law claims. Plaintiff contends dismissal of the ADA claim would be improper because, among other things, the jurisdictional question is intertwined with the merits and should not be resolved at this early juncture and because Defendants have not established the violations have been remedied such that the ADA claim is moot. Defendants' Motion is DENIED.
Federal courts are courts of limited jurisdiction, and are presumptively without jurisdiction over civil actions. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). The burden of establishing the contrary rests upon the party asserting jurisdiction. Id. Because subject matter jurisdiction involves a court's power to hear a case, it can never be forfeited or waived. United States v. Cotton, 535 U.S. 625, 630, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002). Accordingly, lack of subject matter jurisdiction may be raised by either party at any point during the litigation, through a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Arbaugh v. Y& H Corp., 546 U.S. 500, 506, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006); see also Int'l Union of Operating Eng'rs v. County of Plumas, 559 F.3d 1041, 1043-44 (9th Cir. 2009).
There are two types of motions to dismiss for lack of subject matter jurisdiction: a facial attack and a factual attack. Thornhill Publ'g Co. v. Gen. Tel. & Elec. Corp., 594 F.2d 730, 733 (9th Cir. 1979). Thus, a party may either make an attack on the allegations of jurisdiction contained in the nonmoving party's complaint, or may challenge the existence of subject matter jurisdiction in fact, despite the formal sufficiency of the pleadings. Id.
When a party makes a facial attack on a complaint, the attack is unaccompanied by supporting evidence, and it challenges jurisdiction based solely on the pleadings. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). If the motion to dismiss constitutes a facial attack, the Court must consider the factual allegations of the complaint to be true, and determine whether they establish subject matter jurisdiction. Savage v. Glendale High Union Sch. Dist. No. 205, 343 F.3d 1036, 1039 n.1 (9th Cir. 2003). In the case of a facial attack, the motion to dismiss is granted only if the nonmoving party fails to allege an element necessary for subject matter jurisdiction.
Safe Air for Everyone, 373 F.3d at 1039.
In the case of a factual attack, " no presumptive truthfulness attaches to plaintiff's allegations." Thornhill, 594 F.2d at 733 (internal citation omitted). The party opposing the motion has the burden of proving that subject matter jurisdiction does exist, and must present any necessary evidence to satisfy this burden. St. Clair v. City of Chico, 880 F.2d 199, 201 (9th Cir. 1989). If the plaintiff's allegations of jurisdictional facts are challenged by the adversary in the appropriate manner, the plaintiff cannot rest on the mere assertion that factual issues may exist. Trentacosta v. Frontier Pac. Aircraft Ind., Inc., 813 F.2d 1553, 1558 (9th Cir. 1987) (quoting Exch. Nat'l Bank of Chicago v. Touche Ross & Co., 544 F.2d 1126, 1131 (2d Cir. 1976)). Furthermore, the district court may review any evidence necessary, including affidavits and testimony, in order to determine whether subject matter jurisdiction exists. McCarthy v. United States, 850 F.2d 558, 560 (9th Cir. 1988); Thornhill, 594 F.2d at 733. If the nonmoving party fails to meet its burden and the court determines that it lacks subject matter jurisdiction, the court must dismiss the action. Fed.R.Civ.P. 12(h)(3).
However, " jurisdictional finding of genuinely disputed facts is inappropriate when the jurisdictional issue and substantive issues are so intertwined that the question of jurisdiction is dependent on the resolution of factual issues going to the merits of an action."
Safe Air for Everyone, 373 F.3d at 1039 (internal citations and quotations omitted). " The question of jurisdiction and the merits of an action are intertwined where a statute provides the basis for both the subject matter jurisdiction of the federal court and the plaintiff's substantive claim for relief." Id. at 1039-40 (internal citations and quotations omitted).
" A court may not resolve genuinely disputed facts where 'the question of jurisdiction is dependent on the resolution of factual issues going to the merits.'" Roberts v. Corrothers, 812 F.2d 1173, 1177 (9th Cir. 1987) (quoting Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983)). " In such a case, the district court assumes the truth of allegations in a complaint . . . unless controverted by undisputed facts in the record." Id. " Dismissal is then appropriate where it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id. (internal quotations and citations omitted). " This standard, often cited in Rule 12(b)(6) motions, . . . is equally applicable in motions challenging subject matter jurisdiction when such jurisdiction may be contingent upon factual matters in dispute." Id. If, after this threshold inquiry, subject matter jurisdiction is not precluded, the Court may entertain arguments " on either a motion going to the merits [, i.e., a summary judgment motion, ] or at trial." Id. at 1178.
Defendants contend dismissal is warranted because they have remedied the barriers that provide the basis for Plaintiff's request for injunctive relief under the ADA and, consequently, for this Court's federal question jurisdiction. Plaintiff opposes the Motion, arguing that Defendants' jurisdictional challenge is inappropriate as a Rule 12(b)(1) motion and that Defendants have not established either that the parking lot has been made compliant or that the violations will not recur. Plaintiff's arguments are well taken.
The question of whether Defendants' facilities comply with the ADA goes to the heart of Plaintiff's federal claim. Because the jurisdictional inquiry and the merits are fundamentally intertwined, review of Defendants' Motion under the typical Rule 12(b)(1) standard applicable to factual motions would not be proper. Instead, the Court assumes the facts alleged in the Complaint are true unless contradicted by any undisputed facts in the record. In this instance, the Court finds that it has subject matter jurisdiction to reach the merits of Plaintiff's claim because Defendants failed to offer any " facts" contradicting Plaintiff's allegations and, even if they had, the Court would be required to treat the instant motion as one for summary judgment, which it views as premature.
Most importantly here, there are no undisputed facts contradicting the allegations in Plaintiff's Complaint properly before the Court. Instead, Defendants offer only conclusory opinions from lay witnesses that, for example, the handicap parking space and access aisle have been " altered" to " ensure compliance with ADA regulations." ECF No. 14-3 ¶ 7. These conclusions are not supported by any objective evidence from which the Court may make its own determination that Defendants' expert is correct and that Plaintiff's ADA claim is moot as a result. Accordingly, as it would in considering a facial attack, the Court has considered the Complaint in its entirety and finds subject matter jurisdiction sufficient to allow the Court to reach the merits of this dispute.
Even if Defendants had offered some facts to support their position, however, the Court would be disinclined to grant their Motion at this early stage in the litigation. " In ruling on a jurisdictional motion involving factual issues which also go to the merits, the trial court should employ the standard applicable to a motion for summary judgment . . . ." Augustine, 704 F.2d at 1077. Converting the instant Motion to one for summary judgment would be premature because Plaintiff has not yet had the opportunity to engage in discovery and thus has not had the opportunity to develop the evidence he may need to rebut Defendants' " facts." Accordingly, Defendants' Motion to Dismiss for lack of jurisdiction is DENIED without prejudice to raising this argument in a properly noticed and appropriately timed motion for summary judgment.[7]
For the reasons just stated, Defendants' Motion to Dismiss (ECF No. 14) is GRANTED in part and DENIED without prejudice in part consistent with the foregoing.
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