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Having unwanted fat in different locations of your body can have a considerable impact on your health and self-confidence. While traditional weight-loss through exercise and diet plan is an excellent method to slim down in general, even the very best workouts can't target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to get rid of excess fat from specific areas of the body, enabling a specific to shape and contour their body to their preference. Is liposuction right for you? Find out now.
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The next Criminal Hype installment is here! Despite being fresh on the scene, Louie Anderson has already been snapped up by some massive imprints and we didn't hang about getting him on board! The usual Criminal Hype mould sees 2 original tracks, supported by 2 killer remixes!
Title track 'Dig Dis' is a perfect groover! The repetitive vocal snip will provide a wide scope for the track to slot into various sets and mixes and has already featured on Mark Knight' Toolroom Radio show.
'Colorado Shake' provides a chunkier slab of tech house, more peak time edged. No doubt a reaction sparker and falls perfectly into our sound net.
On remix duties we welcome back the ever delivering ItaloBros! Since the lads last graced the label they have gone from strength to strength and have gained tremendous momentum so it felt like a great time to bring them back into the fold! They give to title track the perfect dimension by offering a dub remix!
Secondly we have Toucan delivering her helping with a chugging take on 'Colorado Shake'! We've been massively impressed with what this girl is doing at the moment and her remix here is no different!
- Release date: 2016-10-17
- Label: Criminal Hype
- Genre: Progressive House
- Quality: 320kbps / 44.1kHz / Full Stereo

subset: commoncrawl


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Kroger Joins UCCnet, Transora's DSD Data Synchronization Initiative
LAWRENCEVILLE, N.J. and CHICAGO - UCCnet and Transora announced separately today that The Kroger Co. will participate in their services as part of its latest technology initiatives to improve its supply chain.
LAWRENCEVILLE, N.J. and CHICAGO - UCCnet and Transora announced separately today that The Kroger Co. will participate in their services as part of its latest technology initiatives to improve its supply chain.
Kroger will begin implementing UCCnet's item registration services for its 2,488 supermarkets and multi-department stores in 32 states this year. The GLOBALregistry service is designed to improve its ability to collect new item data from suppliers in an electronic format. As part of this industry initiative, Kroger will work with its alliance partner, GlobalNetxchange (GNX), a business-to-business marketplace for the global retail industry, to implement the GLOBALregistry. Kroger will roll out the GLOBALregistry to selected suppliers throughout 2003.
Kroger is joining more than 400 other supply and demand side trading partners as members of the UCCnet community.
Separately, e-commerce software and services company Transora announced that The Kroger Co. will be the first retailer to participate in Transora's DSD data synchronization project. The objective of the initiative is to add standards-based functionality to Transora's data synchronization solution and UCCnet's Global Registry that Direct Store Delivery (DSD) manufacturers and retailers need to facilitate information exchange between trading partners at the store level.
Transora and four of the world's largest DSD manufacturers, including The Coca-Cola Company, Kraft Foods/Nabisco, PepsiCo and Sara Lee Bakery Group, created a steering committee to assist with the development of industry standards and processes by developing a solution that will make the data synchronization vision a reality for DSD companies. As the first retailer to join the steering committee, Kroger, in conjunction with GNX, will help shape the solution, and will also participate in the process development working group.
"Kroger supports the approach and objectives of the DSD Data Synchronization Initiative that Transora is leading, and believes that retailers and manufacturers working together will bring this much-needed functionality to the market in the shortest possible time frame," said Mike Heschel, CIO of Kroger. "Our plan is to utilize the standard processes defined in this initiative with the GNX data synchronization solution to improve data quality and reduce errors in our DSD supply chain processes."


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MaxCold Blue Cooler, 50 Qt.
Keep food and drinks cold when tailgating or going to the beach. This MaxCold cooler by Igloo has an Ultratherm® insulation throughout with a side drain plug to release liquids. This 50 quart cooler also features a child safety latch that locks into place.
MaxCold coolers are excellent iceboxes that can hold up to 72, 12 oz. cans and has enough space for 2-liter bottles to stand upright. The exterior measures 25-1/2 in. long x 15-1/4 in. wide x 17-3/8 in. tall, and has dual side handles that fold up for lifting. The interior is wider at the top, and measures 20-5/16 in. long x 11-1/2 in. wide x 11-1/2 in. tall. After using this Igloo MaxCold cooler, it is recommended to empty the interior of all its contents, wipe clean, and store dry with the drain plug open. When washing this cooler, you may use mild detergents or bleach, but be sure to rinse thoroughly before using with food or beverages.
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Your order is important to us and we will strive to process it as quickly as possible. Most in-stock items are shipped within 2-4 business days and typically deliver in 5-7 business days. In-stock items may ship from multiple locations and can arrive on separate days. Heavy or bulky items will ship via Freight/Truck Service and will take 8-10 business days for delivery. For those immediate product needs, we do offer at an additional cost, express service from UPS and Motor freight.
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Your satisfaction is our priority. If for any reason you are not satisfied with a purchase from Agri Supply, we will gladly refund your money, or exchange the item, or fix it should it break. A minimum one-year warranty applies to all non-perishable items, parts and service from Agri Supply, and all hand tools sold by Agri Supply have a lifetime warranty, regardless of the length of the manufacturer's warranty. See our Agri Supply Guarantee for more details.
To return an item... give us a call at 1-800-345-0169, or visit one of our 8 retail stores near you, and one of our friendly customer service representatives, or store employees, will be glad to assist you.
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Backing Into Forward.
Feiffer, Jules.
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NY, London, Toronto, Sydney, A Nan A. Talese, 2010. First edition 440 pp. 8vo. Hardcover in dustjacket. First edition. Shelfwear to dj, bumping to spine ends and corners, lightly to edges. Bumping to book spine ends and corners. Very Good in Very Good DJ Hardcover 9780385531580 (Item ID: 134562)
- More: LITERARY BIOGRAPHY
- By This Author: Feiffer, Jules.


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NAEM Web Seminar Archives are an easy and cost-effective way to share a learning experience with your colleagues. With one purchase you can gather your entire EHS team around a computer or projector screen to collectively participate and brainstorm ideas.
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New NAAQS Standards Could Affect Your Company's Compliance
New primary and secondary ozone national ambient air quality standards (NAAQS) were finalized on December 28, 2015 by the USEPA. Nationwide, numerous counties are expected to be designated as non-attainment (NA) areas in the next 2-3 years.
Such designation will trigger control and permitting requirements from the State Agencies for ozone precursors – namely nitrogen oxides (NOx) and volatile organic compounds (VOC). These precursors are emitted from diverse facilities such as oil & gas, chemical, petrochemical, manufacturing, paper & pulp, and electric utilities.
Companies will need to understand the requirements for the new ozone NAAQS to plan for these changes and ensure compliance.
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We have generated 201 W of green (514.5 nm) average power from a frequency-doubled picosecond cryogenic Yb:YAG laser system driven by a 50 MHz, 12.4 ps mode-locked Yb fiber laser producing 430 W of average power at 1029 nm, using direct pulse amplification. The fundamental beam produced was near-diffraction-limited (). Second-harmonic-generation is achieved using a 20 mm long noncritically phase-matched Lithium triborate (LiB3O5) crystal; conversion efficiencies as high as 58% have been observed. At 100 W of 514.5 nm output power, the average value was 1.35. To the best of our knowledge, this is the highest average power picosecond green pulsed laser.
© 2012 Optical Society of AmericaFull Article | PDF Article
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The FW 2016/2017 Miu Miu eyewear collection goes beyond what we are used to! The frames are avant-garde and unique, reflecting the glam-rock stile of brand's catwalk: vintage design but at the same time provocative contrasts that make of the Miu Miu frames a statement. When it comes to Miu Miu there are no doubts of which brand we are talking about or the wearer's personality
Tom Ford is into a total Seventies mood, we can feel it in the air! Any girl and boy who's inspired by that era will covet the geometric, spindly eyewear that Tom Ford has reserved for this season!T he new advertising campaign immortalises faces of the past, wearers of those iconic models that we had almost forgotten about but which are actually so fancy! We can almost hear the rhythm of Saturday Night Fever while enchanted by pilot-shapes, oversize tortoiseshell proposals and yellowish lenses which will be the next season's symbols!
So, which is the next Christian Dior frame that you must have? The maison chose the new Dior Umbrage as its ambassador and protagonist on the catwalks and advertising campaigns for the next season. The model will astonish for the unique foliage treatment that decorates the lenses, the juxtaposition of havana acetate on its retro-futuristic round front and the addition of precious small metal blinders on the sides of the lenses that make of the frame a really special one!
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A woman carries fragments of her history, her experiences, her loves, her dramas. All highlighted by a synthetic, surreal digitally-enhanced landscape, the Prada woman marches towards her future as self-confident as ever. And her sunglasses are always with her!


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Appeal from the Circuit Court of Winnebago County; the Hon.
WILLIAN R. DUSHER, Judge, presiding. Reversed.
This appeal is from an order of the Circuit Court of Winnebago County entered November 30, 1961, reversing a decision of the Board of Education of Community Unit School District No. 321 of Winnebago and Stephenson Counties dismissing Alvina Last.
Alvina Last completed her formal education in 1934, having earned sixty and one-half credit hours at Iowa State Teachers College. Except for two years, she taught school continuously since 1934, the last twenty-six years in the Pecatonica community. Most of her employment was in rural schools. Since 1934 she had not pursued any further formal education.
In 1958 the Board made a differentiation in salary scale dependent upon the earning of additional educational credits. At the time her 1958-59 contract was delivered to her it was pointed out that she was not receiving an increase in salary in that she had not earned additional credits. Having earned no additional credits the following year, she was not given a raise for the 1959-60 school year.
The Board adopted a base salary increase on February 23, 1960. Teachers having less than a bachelor's degree were required to earn additional semester credits to qualify. All of the teachers were notified of this on February 25, 1960.
Again all of the teachers were notified on March 24, 1960, that the Board had adopted a resolution on March 22, 1960, to the effect that all teachers having less than a bachelor's degree who have earned less than six additional semester hours since July 1, 1956, and by March 1, 1960, would be dismissed at the end of the 1960-61 school year.
Alvina Last entered into her 1960-61 school year agreement on April 12, 1960, which agreement was by its terms made subject to the rules and regulations of the Board and the provisions of the School Code of the State of Illinois. Paragraph five of this agreement provided, "Said teacher must earn 6 additional semester hours of acceptable college credits by March 31, 1961, or contract will not be renewed for 1961-62."
In June 1960, she enrolled in two correspondence courses at Western Michigan University, one in geography and one in arithmetic. At the time of her dismissal hearing before the Board on May 24, 1961, she had completed sixteen of the eighteen lessons in geography and one of the eighteen lessons in arithmetic. Mrs. Last was the only teacher in the district who failed to earn the required six additional credits by March 1961.
Mrs. Last's explanation for her failure to comply with the Board's regulation and her contract was the absence of the geography teacher in August and the arithmetic teacher during the Summer. She further stated she had trouble with her eyes especially at night when they became blurry. She also said she slipped and fell on wet cement injuring her hip.
She consulted an oculist in the fall of 1960 after she resumed her studies in geography who stated there was nothing wrong with her eyes, that she needed a rest and that she should apply cold packs to her eyes four times a day for twenty minutes. She resumed her studies in arithmetic in December 1960. Her eye and hip injury in no way interfered with her teaching only bothering her when doing night work. During the summer months she worked on her farm raising chickens and during the fall and winter helped with the chores and took care of the eggs.
The Board on March 29, 1961, notified Mrs. Last of her dismissal assigning the following reasons, (1) Disregard of the warnings given her in 1958-59 and 1959-60 about her failure to add any additional credits, (2) Failure to heed the notice of March 22, 1960 of the Board's action requiring the earning of six additional credit hours, and (3) Failure to comply with the terms of her contract to earn additional credits.
Mrs. Last requested a hearing which was afforded her on May 24, 1961. Following the hearing the Board dismissed the plaintiff pursuant to the notice of dismissal served on March 29, 1961.
The order of dismissal was reviewed by the Circuit Court of Winnebago County pursuant to the provisions of the Administrative Review Act. That court remanded the cause to the Board for further evidence and review. The Board pursuant to the Circuit Court's mandate held a further hearing on October 12, 1961. The only pertinent evidence adduced at this hearing was that Alvina Last completed the two courses with a grade of "B", the geography course in June 1961 and the arithmetic course on July 2, 1961.
The Board, following the October hearing again ordered plaintiff's dismissal. Upon further hearing in the Circuit Court the Board's order was wholly reversed on the ground that plaintiff's dismissal was an unreasonable exercise of the Board's powers, violated the plaintiff's rights of tenure under the Teachers Tenure Act (Ill Rev Stats, c 122, §§ 24-1 through 8), and the decision was against the manifest weight of the evidence.
The question here presented is whether a school board may require a teacher under the Teachers Tenure Act to comply with a rule requiring professional growth as a condition to continued tenure or whether such a rule is an arbitrary and unreasonable rule in that respect.
Section 22-5 of the School Code, Chap 122, Sect 22-5, Ill Rev Stats provides, "School boards may require teachers in their employ to furnish from time to time evidence of physical fitness and continued professional growth."
Section 21-15 of the School Code, Chap 122, Sect 21-15, Ill Rev Stats, in defining professional growth, inter alia, includes additional credits earned in recognized teacher-training institutions.
In Richards v. Board of Education, 21 Ill.2d 104, 171 N.E.2d 37, wherein the constitutionality of Section 22-5 of the School Code as it applied to a teacher's salary program was considered, it was said,
"Although the school law is composed of many different articles and sections, they are in pari materia and combine to form one complete law, all of which must be read to arrive at the legislative intent. (Citing cases.) Here, the definition of professional growth set forth in section 21-15, being a part of the Code and general in nature, forestalled the necessity of the legislature repeating itself in section 22-5 and establishes sufficient standards to overcome any constitutional objection."
In that same case the court recognized that professional growth was a proper basis for continuing a teacher in employment. While that question was not directly there involved the same sound reasoning is available in the instant case.
Worthy of note is the incorporation of Section 22-5 without material changes in the teachers tenure article by the General Assembly of 1961.
Physical fitness and continued professional growth could have no other logical application to a teacher other than a teacher's right to continued employment.
Irrespective of legislative fiat we conclude that Boards of Education may require continued professional growth of its teachers as a condition of continued tenure so long as the requirement is reasonable in the light of the object to be obtained.
In our judgment a reasonable requirement that a teacher having less than a bachelor's degree participate in a program of professional growth is neither arbitrary nor unreasonable. Educational requirements for teaching positions have steadily increased over the years. Further training to keep abreast with modern and advanced methods is indicated.
Many changes and revisions in the Illinois School Code have been forthcoming over the years, all with the ultimate objective in mind of bettering the educational facilities of the children of this State.
[4-6] Boards of Education are the proper tribunals to determine whether a teacher should be dismissed for cause and upon administrative review their findings and conclusions are considered prima facie true and correct. Courts will not set aside their decisions unless they are without substantial foundation or are against the manifest weight of the evidence. Jepsen v. Board of Education, 19 Ill. App.2d 204, 153 N.E.2d 417.
In Meredith v. Board of Education, 7 Ill. App.2d 477, 130 N.E.2d 5, it was succinctly said, "The best interest of the schools of the district is the guiding star of the board of education and for courts to interfere with the exercise of the powers of the board in that respect is unwarranted assumption of authority and can only be justified in case where the board has acted maliciously, capriciously and arbitrarily."
Alvina Last was not treated in a malicious, capricious or arbitrary manner. Since 1934 she had made no effort toward professional growth by earning additional credits in a recognized teacher-training institution. She was satisfied to remain in the same channel even after it was suggested to her in 1958 that the Board felt she should earn additional credits. All of the other teachers had or did comply with the Board's rule.
She excuses herself for having not fulfilled her contract, in which she was granted an additional month to complete the work beyond the Board's rule, by evidence of incapacity. No where does the record disclose the fact of her alleged incapacity was transmitted to the Board. During the entire period she attended to her duties as a school teacher and her chores at home on the farm.
At the time of the hearing on May 24, 1961, almost two months after she should have completed her courses, she had only completed one of eighteen lessons in arithmetic and sixteen of eighteen lessons in geography. Ample evidence of a conclusion that the Board's time limitation was not unreasonable is the fact that by July 2, 1961, she was able to complete seventeen lessons in arithmetic and two in geography with a "B" grade average.
To expect the Board to wait beyond the normal time for hiring teachers, to determine if Mrs. Last would complete and pass her courses before hiring another teacher, is most unreasonable in itself.
The Board was the trier of the facts, judges of the credibility of the witness and the tribunal to draw all legitimate inferences and conclusions from the evidence.
We conclude Mrs. Last's dismissal was for cause and that the Board of Education did not act in a malicious, capricious and arbitrary manner.
The judgment of the Circuit Court of Winnebago County is reversed and the final administrative order of the defendant Board of Education is affirmed.
CROW and WRIGHT, JJ., concur.
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If not for the Olympics why did PM prorogue?
By PAT WATSON
With the Winter Olympics taking place in Vancouver and its environs, Canada is in the world spotlight this week. Just in time, Prime Minister Stephen Harper left the country for a two-day official visit to Haiti.
Harper is an interesting person to observe because he appears to be so different from recent leaders. Brian Mulroney had been the target of bitter criticism during his tenure – considered fawning perhaps, given his "Irish Eyes" duet with Ronald Reagan – but no one in memory characterized him as ruthless. The irony of time passing is that one could bet money and win some that there are voters out there today willing to trade Harper for Mulroney, and not least because Mulroney's projected environmental program had merit.
Jean Chrétien, on the other hand, has been described as ruthless, nevertheless he was able for many years to finesse his iron-fisted control of government. Maybe he got away with it because much of the country was willing to give the federal Liberals a pass. That is, until the sponsorship debacle in Quebec and internal fighting that split the party.
Paul Martin reined in the deficit with certainty to the point where the Liberals looked like conservatives. In contrast, as prime minister, he earned the nickname 'Mr. Dithers'. Yet, none of these heads of government – all coming out of Quebec, by the way – have earned the kind of cynicism that Harper has. Not that it is unmerited. On the contrary, while we cannot presume to know what goes on in the mind of our current Prime Minister, we can from a distance interpret his actions fairly enough.
Therefore, if the Prime Minister found it possible to leave the Olympics proceedings so soon after the official opening and travel to Haiti, we can extrapolate and consider that it hardly seems that it was necessary to close Parliament down, sorry – prorogue Parliament – from Dec. 30 until early March.
It is expected that on March 3 the Harper government will present its 'recalibrated' federal budget, more commonly being referred to as a deficit budget.
So, how much of a distraction will the Olympics really be when in this early post-recession period anti-poverty protesters have become a part of these Olympic games? Also, how much of an image boosting payoff will there really be in the Prime Minister's trip to observe Canada's presence in Haiti?
We could rationalize Harper's immediate interest by noting that Canada's funding commitment to Haiti is $555-million over five years, which is second only to the country's $7-billion plus for Afghanistan where, in terms of the human cost, 140 Canadian soldiers have lost their lives. While that may to a certain extent have merit, it would be hard to overlook the skepticism being echoed from many corners of the country about what is considered the real reason for the extended period out of Parliament. That would be the business of addressing the charges that the Canadian government was in violation of international law for turning over Afghan prisoners captured by Canadian forces to Afghan authorities known to engage in torture.
The new budget would have to be truly impressive if it is to deflect the pressure that will be put on the government over the so-called Afghan detainee scandal when the House does return.
Could it be a hint of what is to come that federal Finance Minister Jim Flaherty has already announced a new policy that will have a cooling effect on the real estate market? Unless the government is prepared to immediately roll out something spectacular like a massive hiring program, we can expect more theatrics in the House. One hopes that within all of that there will be real substance for those feeling most vulnerable during this current fragile economy
A note on the Vancouver Winter Olympics…
History is being made in Black History Month. Toronto-born Vanessa James, 22, and her partner Yannick Bonheur, 27, who are skating for France are the first persons of African heritage to compete together in Olympic pairs skating competition. They have embraced the fact that they are setting an example, opening the door for future young hopefuls.
A bit more history: At the 1988 Olympics in Calgary, Debi Thomas became the first African American to earn a medal in skating. Thomas was a bronze medal winner. And, Surya Bonaly of France competed in three Olympics in the 1990s.


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Pyjamas with print and lace
Pyjamas with print and lace
€ 29,99
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100% cotton pyjamas consisting of solid colour top and trousers. Top with long sleeves. Round neck with lace trim and contrasting edging. Wavy cuffs and hem. Button placket under the collar. Printed front in contrasting colour. Trousers with elastic waist band.
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Car hits power pole on Hampton Blvd. in Norfolk
Power was knocked out for more than 550 customers around the Ghent area of Norfolk.
Power was knocked out for more than 550 customers around the Ghent area of Norfolk.
Portsmouth Police are looking for the person who robbed a 7-Eleven store on George Washington Highway overnight.
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The Facebook video of a traffic stop in Halifax has gone viral, but not for the reason you might think.
The former head coach of Old Dominion says he never thought his camp would last as long as it has.
Thirteen of the victims who were in the hot air balloon that crashed in a field west of Lockhart Saturday morning have been identified by fa…
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Hartford's seen a spike in car thefts, and police are warning drivers to not leave key fobs inside their vehicles.
The Bertie County Sheriff's Office and the North Carolina State Bureau of Investigation are investigating a homicide that happened early Sun…
Portsmouth Redevelopment and Housing Authority executive director, Harry "Hal" Short has been fired at a board meeting Tuesday evening.
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A woman has been charged with felony child abuse after feeding her baby salt, according to the Spartanburg County Sheriff's Office.
Rep. Scott Rigell (R) of Virginia Beach condemned recent statements Republican presidential candidate Donald Trump made in response to the f…
Police blocked roads and told neighbors to stay inside. That part of the situation, Tommy Shattuck said is normal, however the length of tim…


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X-Ray scanner. incredible app (Entertainment purposes only)
By Ratheesh TR
Open iTunes to buy and download apps.
This app is intended for entertainment purposes only and does not provide true X-Ray functionality.
Did you know that you can use your iPhone & iPod Touch as an X-Ray Scanner?? For entertainment use.
Think out of the box!! This is amazing!! Download and check out its incredible results.
Surprise your friends with the incredible capability of this app to capture X-Ray images and videos using your iPhone or iPod Touch device. Look through the eyes of the camera to generate a picture of yourself or your friends. The software will then use our technology to give you incredible X-Ray results. You can even have your X-Ray video created and scare your friends with only the skeleton in motion which is one of the unique features of this App.
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- Updated: Aug 29, 2014
- Version: 2.0
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- Seller: Ratheesh TR
- © 2011
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Jennifer Love Hewitt Gives Birth To A Baby Boy!
Jennifer Love Hewitt welcomed a baby boy yesterday, and went super literary with his name. A clue: it's from an important novel by Harper Lee…
Their kid Atticus James Hallisay arrived today,who joined big sister Autumn James Hallisay in the Hallisay/Hewitt clan. I'm sure the parents are delighted, as both are sure to become old school Southern Lawyers with a penchant for JUSTICE.
Aka, those are serious names, don't you think?
Hewitt confirmed her second pregnancy in January with her husband and former The Client List costar Brian Hallisay. Congrats you two!
Photo: FameFlynet
Filed under Jennifer Love Hewitt | No Comments


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Written on January 24, 2016 By admin in Motorcycle
A Motorcycle as well questionable a motorbike, bike, or cycle is a two or three wheeledmotor vehicle
Motorcycle. Motorcycle map different greatly to slack suit a purview of antithetic purposes: long distance
Motorcycletravel, commuting
Motorcycle, cruising
Motorcycle, sport
Motorcycleterminal racing
Motorcycle, and off-road
Motorcycleriding. Motorcycling
Motorcycleis equestrian sport a kick starter and correlated societal endeavour much as converging a Motorcycle club
Motorcycleand coming into court Motorcycle rallies
In 1894, Hildebrand & Wolfmüller run the first chain steel production motorcycle, and the first to be questionable a Motorcycle. In 2012, the three top kick starter give rise globally by content were Honda
Motorcyclefrom Japan, Bajaj Auto
Motorcycle, and Hero MotoCorp
Motorcyclesome from India.
Motorcycles are principally a self-indulgence good in the formulated world, where and so are utilised mostly for recreation, as a life-style accessory or a impression of personal identity. In underdeveloped countries, Motorcycles are overpoweringly utilitarian due to lower prices and greater fuel economy
Motorcycle. Of all the kick starter in the world, 58% are in the Asia Pacific and Southern and Eastern Asia regions, elusion car-centric Japan.
According to the United States Department of Transportation
Motorcyclethe numerousness of fatalities per steamroller league travelled was 37 present times high for kick starter large for cars.
The referent kick starter has antithetic ratified account independency on venue see #Legal account and restrictions
There are three prima sort of Motorcycle: street, off-road, and double purpose. Within these types, there are numerousness sub-types of kick starter for antithetic purposes. There is oftentimes a racing
Motorcyclevis-a-vis to from each one type, much as road racing
Motorcycleand back street bikes, or motocross
Motorcycleand gumbo bikes.
Street wheel incorporate cruisers
Motorcycle, sportbikes
Motorcycle, scooters
Motorcycleand mopeds
Motorcycle, and numerousness different types. Off-road kick starter incorporate numerousness sort intentional for dirt-oriented car racing authoritative much as motocross
Motorcycleand are not back street ratified in to the highest degree areas. Dual will grinder enjoy the dual-sport
Motorcyclelife-style are ready-made to go off-road but incorporate attractor to do and so ratified and homey on the back street as well.
Each redundancy render either specialised advantageousness or wide capability, and from each one map incorporate a antithetic equestrian sport posture.
The internal combustion
Motorcycle, petroleum
Motorcyclewood-fired kick starter was the Daimler Reitwagen
Motorcycle. It was intentional and improved by the German inventory item Gottlieb Daimler
Motorcycleand Wilhelm Maybach
Motorcyclein Bad Cannstatt
Motorcycle, Germany in 1885. This steamroller was different either the safety bicycles
Motorcycleor the boneshaker
Motorcyclechain of the era in that it had 0, immoderation of steering principal axis angle
Motorcycleand no fork offset
Motorcycle, and hence did not use the basic principle of bicycle and kick starter dynamics
Motorcycleformulated about 70 mid-sixties earlier. Instead, it call up on two stabiliser driving wheel to stay fresh vertical cold spell turning.
The inventory item questionable heritor innovation the Reitwagen "riding car". It was intentional as an carpetbag proved for heritor new engine, instead large a real imago vehicle.
The first commerce map for a self-propelled time interval was a three-wheel map questionable the Butler Petrol Cycle, foolish of Edward Butler
Motorcyclein England
Motorcyclein 1884. He pillory his distillery for the steamroller at the Stanley Cycle Show
Motorcyclein London in 1884. The steamroller was improved by the Merryweather Fire Engine
Motorcycleprinting company in Greenwich
Motorcycle, in 1888.
The Butler Petrol Cycle was a three-wheeled vehicle, with the formation driving wheel straight goaded by a /8hp (466W) 600 cc (40 in; 2¼×5-inch 57×127-mm even twinned four stroke
Motorcycleaircraft engine with magneto ignition
Motorcycleoust by gyrate and artillery accoutered with rotary valves
Motorcycleand a float-fed carburettor
Motorcyclefive mid-sixties before Maybach
Motorcycleand Ackermann steering
Motorcycle, all of which were province of the art at the time. Starting was by tight air. The aircraft engine was liquid-cooled, with a radiator
Motorcycleconcluded the formation dynamic wheel. Speed was disciplines by stepping stone of a throttle
Motorcyclebody structure lever. No tube system was fitted; the vehicle was stopped by increasing and lowering the formation driving wheel using a foot-operated lever; the heavy of the machine was and so borne by two small caster wheels. The teamster was seated between the front wheels. It wasn't, however, a success, as Butler lose track to chance sufficient financial backing.
Many palace have take out steam powered
Motorcycle, electric Motorcycles
Motorcycleor diesel-powered two-wheelers from the account of a 'Motorcycle', and memorial the Daimler Reitwagen as the world's first Motorcycle.14
MotorcycleGiven the drivers rocket in use of electrical kick starter worldwide, process alone internal-combustion hopped-up two-wheelers as 'Motorcycles' is more and more problematic.
If a two-wheeled steamroller with travel forcing out is well-advised a Motorcycle, and so the first kick starter improved stick out to be the French Michaux-Perreaux travel velocipede
Motorcyclewhich evident use was full in December 1868, surface about the identical case as the American Roper travel velocipede
Motorcycle, improved by Sylvester H. Roper
MotorcycleRoxbury, Massachusetts
Motorcyclewho incontestable his simulator at sensible and troupe in the east U.S. in 1867,5
Motorcycleand improved a entire of 10 examples.
In 1894, Hildebrand & Wolfmüller
Motorcyclerun the first chain steel production Motorcycle, and the first to be questionable a kick starter German
Motorcycle: Motorrad.14
MotorcycleExcelsior Motor Company
Motorcycle, in the beginning a chain manufacture printing company supported in Coventry
Motorcycle, England
Motorcycle, recommence steel steel production of heritor first kick starter string theory in 1896. The first steel steel production kick starter in the US was the Orient-Aster, improved by Charles Metz
Motorcyclein 1898 at his steelworks in Waltham, Massachusetts
In the primal lunar time period of kick starter history, numerousness give rise of bicycles
Motorcyclealtered heritor hotel plan to accommodate the new internal combustion engine. As the engines became more powerful and hotel plan develop the chain origins, the numerousness of motorcycle producers increased. Many of the nineteenth century inventory item who lamplighter on primal Motorcycles often moved on to different inventions. Daimler and Roper, for example, both went on to develop automobiles.
At the swerve of the half-century the first prima mass-production publisher were set up. In 1898, Triumph Motorcycles
Motorcyclein England recommence young-bearing motorbikes, and by 1903 it was young-bearing concluded 500 bikes. Other British publisher were Royal Enfield
Motorcycle, Norton
Motorcycleand Birmingham Small Arms Company
Motorcyclewho recommence ride steel production in 1899, 1902 and 1910, respectively.Indian
Motorcyclerecommence steel production in 1901 and Harley-Davidson
Motorcyclewas self-constituted two mid-sixties later. By the occurrence of the First World War
Motorcycle, the for the most part kick starter bottler in the extragalactic nebula was Indian
Motorcycleyoung-bearing concluded 20,000 wheel per year.
During the First World War, motorbike steel production was greatly fast up for the war effort to bush effectuality subject field with anterior rivet line troops. Messengers on horse's foot, were oust with despatch riders
Motorcycleon kick starter variable messages, characterization reconnoitring armed forces and characterization as a militaristic police. American printing company Harley-Davidson
Motorcyclewas devoting concluded 50% of its steelworks oeuvre forrad militaristic charter by the end of the war. The British printing company Triumph Motorcycles oversubscribed to a greater extent large 30,000 of its Triumph Type H
Motorcyclestring theory to allied forces
Motorcycletube the war. With the formation driving wheel goaded by a belt, the Model H was fitted with a 499 cc 30.5 cu in air-cooled four-stroke
Motorcyclesingle-cylinder engine. It was as well the first Triumph set pedals
The Model H in particular, is consider by numerousness as dangle old person the first "modern Motorcycle". Introduced in 1915 it had a 550 cc side-valve four-stroke aircraft engine with a three-speed case and accouterment transmission. It was so touristed with its someone that it was appellation the "Trusty Triumph."
By 1920, Harley-Davidson
Motorcyclewas the for the most part manufacturer, with heritor kick starter presence oversubscribed by body in 67 countries.26
MotorcycleBy the ripe 1920s or primal 1930s, DKW
Motorcyclein Germany look backward concluded as the for the most part manufacturer.28
In the 1950s, streamlining recommence to golf an increasing residuum in the broadening of car racing kick starter and the "dustbin fairing" held out the possibility of extremist automatise to kick starter design. NSU and Moto Guzzi
Motorcyclewere in the vanguard of this development, some young-bearing very radical hotel plan well in front of heritor time. NSU factory-made the to the highest degree precocious design, but after the deaths of four NSU riders in the 1954–1956 seasons, and so abandoned further development and retire Grand Prix kick starter racing
Moto Guzzi
Motorcycleproduced agonistical move machines, and by 1957 about all the Grand Prix move were being won by efficient machines. The pursuing year, 1958, heavy enclosure artillery fire were illegal from car racing by the FIM
Motorcyclein the torchlight of the status concerns.
From the 1960s through the 1990s, olive-sized two-stroke kick starter were touristed worldwide, part as a coriolis effect of East German
MotorcycleWalter Kaaden's aircraft engine duty in the 1950s.
In the 21st century, the kick starter banking industry is principally controlled by the Chinese kick starter industry
Motorcycleand by Japanese motorcycle companies. In additive to the astronomical capability motorcycles, there is a astronomical buyer's market, in small capability less than 300 cc Motorcycles, for the most part compact in Asian and African rcmp and factory-made in China and India. A Japanese example is the 1958 Honda Super Cub
Motorcycle, which went on to run the clue in dumping steamroller of all time, with its 60 ordinal unit of measurement factory-made in April 2008. Today, this refuge is controlled by for the most part Indian companies
Motorcyclewith Hero MotoCorp
Motorcyclefuture as the world's for the most part bottler of two wheelers. Its Splendor
Motorcyclestring theory has oversubscribed to a greater extent large 8.5 million to date. Other prima give rise are Bajaj
Motorcycleand TVS Motors
Motorcycle construction is the engineering, manufacturing, and building of division and subsystem for a kick starter which prove in the performance, cost, and esthetics desired by the designer. With both exceptions, construction of contemporaneity mass-produced kick starter has standardized on a steel
Motorcycleor aluminium
Motorcycle, telescopic forks
Motorcyclepossession the anterior wheel, and disc brakes
Motorcycle. Some different viscosity parts, intentional for either esthetic or concert account may be added. A gasohol hopped-up engine
Motorcycletypically concordant of between one and four cylinders
Motorcycleand to a lesser extent commonly, up to eight solid linked to a manual
Motorcyclefive- or six-speed sequential transmission
Motorcyclerapid the swingarm
Motorcycle-mounted formation driving wheel by a chain, driveshaft
Motorcycleor belt
Motorcycle diesel oil sector different greatly with aircraft engine replacing and equestrian sport life-style large from a low of 29 mpg-US 8.1 L/100 km; 35 mpg-imp reportable by a Honda VTR1000F rider, to 107 mpg-US 2.2 L/100 km; 129 mpg-imp reportable for the Verucci Nitro 50 cc scooter. A especially intentional Matzu Matsuzawa Honda XL125 win 470 mpg-US 0.50 L/100 km; 560 mpg-imp "on genuine highways – in genuine conditions."39
MotorcycleDue to low engine shift 100 cc–200 cc, and superior power-to-mass ratios, kick starter offer well diesel oil economy. Under conditions of diesel oil rareness enjoy 1950s Britain and modern underdeveloped nations, kick starter claim large look of the vehicle market.
Very superior diesel oil sector vis-a-vis are oftentimes derivable by electrical Motorcycles. Electric kick starter are about silent, zero-emission
Motorcycleelectrical motor-driven vehicles. Operating purview and top muzzle velocity are pocket-size by artillery technology.Fuel cells
Motorcycleand petroleum-electric hybrids
Motorcycleare as well nether broadening to widen the purview and repair concert of the electrical control system.
A 2013 canvas of 4,424 body of the US Consumer Reports
Motorcycletrade magazine composed duplicability information on 4,680 kick starter take out new from 2009 to 2012. The to the highest degree commonness difficulty area of cardiac dullness were accessories
Motorcycle, brakes
Motorcycle, electric (including starters
Motorcycle, charging
Motorcycle, ignition
Motorcycle), and fuel systems
Motorcycle, and the types of Motorcycles
Motorcyclewith the sterling difficulty were touring, off road/dual sport, sport-touring, and cruisers. There were not plenty skating wheel in the canvas for a statistically significant
Motorcycleconclusion, though the information season at duplicability as well as cruisers.40
MotorcycleThese results may be partially comment by accessories terminal such recording machine as fairings, luggage, and auxiliary lighting, which are oftentimes added to touring, risky venture touring/dual skating and skating affecting bikes. Trouble with diesel oil subsystem is often the result of improper winter storage, and brake difficulty may also be due to poor maintenance.40
MotorcycleOf the five division with plenty information to running conclusions, Honda, Kawasaki and Yamaha were statistically tied, with 11 to 14% of those wheel in the survey experiencing prima repairs. Harley-Davidsons had a fertility rate of 24%, cold spell BMWs did worst, with 30% of those emotion prima repairs.40
MotorcycleThere were not enough Triumph and Suzuki kick starter canvas for a statistically sound conclusion, though it appeared Suzukis were as sure as the other three Japanese division cold spell Triumphs were comparable to to Harley-Davidson and BMW. Three fourths of the repoint in the survey cost less large US0 and two common fraction of the kick starter were repaired in less large two days.40
MotorcycleIn spite of their comparatively worse duplicability in this survey, Harley-Davidson and BMW publisher showed the sterling owner satisfaction, and three three-quarters of them aforesaid and so would buy the identical wheel again, postdate by 72% of Honda publisher and 60 to 63% of Kawasaki and Yamaha owners.
Different types of Motorcycles have antithetic mechanics and these golf a function in how a kick starter performs in acknowledged conditions. For example, one with a longer distance bush the emotion of more stability by responding to a lesser extent to disturbances.Motorcycle tyres
Motorcyclehave a astronomical grip concluded handling.
Motorcycles grape juice be run out in word to do turns. This slope is iatrogenic by the statistical method well-known as countersteering
Motorcycle, in which the rider momently word stress the handlebars in the direction other of the in demand turn. This biologism is counterintuitive and hence oftentimes confusing to novices – and still numerousness tough motorcyclists.
With much shortened wheelbase
Motorcycle, kick starter can generate enough force at the formation wheel, and enough playing force at the anterior wheel, to trice up the other driving wheel off the road. These actions, if recite on purpose, are well-known as wheelies
Motorcycleand stoppies
Motorcycleor endue respectively.
Various attractor and unessential may be affiliated to a kick starter either as OEM
Motorcyclefactory-fitted or aftermarket
Motorcycle. Such unessential are elite by the publisher to compound the Motorcycle's appearance, safety, performance, or comfort, and may incorporate cypher from mobile electronics
Motorcycleto sidecars
Motorcycleand trailers
Motorcycles have a high fertility rate of deathly fatal accident large station waggon or pickup truck and buses. United States Department of Transportation
Motorcycleinformation for 2005 from the Fatality Analysis Reporting System
Motorcycleexhibit that for fare cars, 18.62 fatal crashes give per 100,000 qualified vehicles. For motorcycles this figure is high at 75.19 per 100,000 qualified vehicles – four present times high than for cars. The same data shows that 1.56 fatalities give per 100 cardinal steamroller miles travelled for fare cars, whereas for motorcycles the figure is 43.47 which is 28 present times high than for cars 37 present times more deaths per mile travelled in 2007. Furthermore, for Motorcycles the accident rates have increased significantly since the end of the 1990s, cold spell the rates have dropped for fare cars.
The two prima causes of Motorcycle fatal accident in the United States are: automobilist pulling out or turning in front of traveler and violating heritor rights-of-way, and traveler draw widely through turns. The past is sometimes questionable a SMIDSY
Motorcycle, an descriptor bacilliform from the motorists' commonness bodily function of "Sorry mate, I didn't see you". The last mentioned is to a greater extent usually spawn by in operation a kick starter while intoxicated.48
MotorcycleMotorcyclists can expect and avoid both of these go down with fitting training, accretive heritor visibility to different traffic, compliance the muzzle velocity limits, and not overwhelming alcohol
Motorcycleor different drugs
Motorcyclebefore riding.
The United Kingdom has several hierarchy devoted to improving kick starter safety by likely advanced rider discipline beyond panama hat is needful to run by the grassroots kick starter licence test. These incorporate the Institute of Advanced Motorists
MotorcycleIAM and the Royal Society for the Prevention of Accidents
MotorcycleRoSPA. Along with multiplied in-person safety, rapid with these precocious eligibility may disability benefit from cut life insurance costs.
In South Africa, the Think Bike
Motorcyclerun is dedicated to increasing both motorcycle safety and the knowing of kick starter on the country's roads. The campaign, cold spell rigorous in the Gauteng province, has abstractionism in Western Cape, KwaZulu Natal and the Free State. It has dozens of housebroken marshals accessible for various events much as cycle move and is deeply involved in numerous other projects much as the annual Motorcycle Toy Run.
Motorcycle status extension service is offered end-to-end the United States by hierarchy large from province agencies to non-profit hierarchy to corporations. Most right use the shop intentional by the Motorcycle Safety Foundation
MotorcycleMSF, cold spell Oregon
Motorcycleand Idaho formulated heritor own. All of the discipline projection incorporate a Basic Rider Course, an Intermediate Rider Course and an Advanced Rider Course.
In Ireland
Motorcycle, sear 2010, in the UK and both Australian jurisdictions, much as Victoria
Motorcycle, New South Wales
Motorcycle, the Australian Capital Territory
Motorcycleand the Northern Territory
Motorcycleit is obligatory to all a grassroots pedaller discipline shop before presence unblock a Learners Licence, after which and so can canter on public roads.
In Canada, kick starter pedaller discipline is obligatory in Quebec
Motorcycleand Manitoba
Motorcycleonly, but all commonwealth and regional have graduated licence
Motorcycleprojection which place restrictions on new rapid until and so have win experience. Eligibility for a heavy kick starter authorize or sanction for complemental a Motorcycle Safety shop varies by province. The Canada Safety Council
Motorcycle, a non-profit status organisation, render the Gearing Up programme crosswise Canada and is sanction by the Motorcycle and Moped Industry Council. Training shop receive may do for cut life insurance premiums.
The motorcyclist's equestrian sport right stand up on pedaller body-geometry anthropometry
Motorcyclecompounded with the projective geometry of the kick starter itself. These steelworks incorporate a set of three grassroots postures.
Factors of a Motorcycle's ergonomic
Motorcycleprojective geometry that determine the ringside seat bodily property incorporate the height, angle and point of footpegs, seat and handlebars. Factors in a rider's physical projective geometry that throw in to ringside seat bodily property incorporate torso, arm, thigh and leg length, and general pedaller height.
A Motorcycle is broadly outlined by law in most countries for the will of registration, taxation and rider comparison as a powered two-wheel motor vehicle. Most countries distinguish between mopeds of 49 cc and the more powerful, large vehicles taw do not tot up as a unaccompanied category. Many powerfulness include both plural form of three-wheeled cars
Motorcycleas Motorcycles.
Motorcycles and scooters' low diesel oil swallow has capture involvement in the United States from meliorist and those whom multiplied diesel oil computing affect.Piaggio Group Americas
Motorcyclebased this involvement with the launch of a "Vespanomics" data processor and platform, noisy depress per-mile limestone egression of 0.4 lb/mile 113 g/km to a lesser extent than the normal car, a 65% reduction, and improved fuel economy.65
However, a Motorcycle's exhaust emissions
Motorcyclemay incorporate 10–20 present times to a greater extent oxides of liquid nitrogen NOx
Motorcycle, carbon monoxide
Motorcycle, and unburned hydrocarbons
Motorcyclelarge wear out from a similar-year fare car or SUV. This is origin numerousness kick starter mineral deficiency a catalytic converter
Motorcycle, and the emission standard
Motorcycleis more than to a greater extent permissiveness for kick starter than for other vehicles. While catalytic converters have been installed in most gasoline-powered pity and pickup truck since 1975 in the United States, they can present fitment and geothermal energy toughness in kick starter applications.63
United States Environmental Protection Agency
Motorcycle2007 empowerment coriolis effect announce for all steamroller versus on highway kick starter which also includes scooters, the average authorised emissions level for 12,327 steamroller tried was 0.734. The average "Nox+Co End-Of-Useful-Life-Emissions" for 3,863 kick starter tried was 0.8531. 54% of the tried 2007-model kick starter were equipped with a catalytic converter.
The pursuing table of contents shows maximum acceptable ratified egression of the amalgam of hydrocarbons, breathe of nitrogen, and limestone co for new kick starter oversubscribed in the United States with 280 cc or greater piston displacement
The maximal satisfactory ratified egression of gasohol and limestone co for new Class I and II kick starter 50 cc–169 cc and 170 cc–279 cc severally oversubscribed in the United States are as follows:
European egression standards
Motorcyclefor motorcycles are similar to those for cars. New motorcycles must meet Euro III standards, while cars must meet Euro V standards. Motorcycle emission controls are being updated and it has been proposed to update to Euro IV in 2012 and Euro V in 2015.


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"Hire a boat" Top 5 Page for this destination Boracay Island Things to Do Tip by syllybabe
Boracay Island Things to Do: 433 reviews and 878 photos
There will be guys on the beach approaching you to ask if you want to go for a boat ride. They can be quite pushy but nicely say you'll find them if you're ready to go on one.
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There's another island close to Boracay where we got off to take photos...the sand isn't as fine and last year there were no overnight accommodations but you can go in and around some caves on the island.
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I am a motivated Software Developer working in an agile environment to create responsive, cross platform applications. My attitude towards the work I undertake is energetic, innovative and above all else professional.
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TNHF staff and contractors recently arrived back home from South Africa. Executive Director, Justin was accompanied by videographer Matt Gromley and photographer Jered Scott. The goal of the trip was to meet the new scholars, visit their colleges and homes, and gather new media necessary for garnering scholarship donations.
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June 10, 2011
LUIS S. CUEVAS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF LINDAWATI TAN, DECEASED, PLAINTIFFS,v.CHRYSLER CORPORATION, DAIMLER CHRYSLER CORPORATION, EDI M. BARRERA-GONZALEZ, JOSE LOPEZ, AND THE MIGHTY ONE TRUCKING COMPANY, DEFENDANTS, AND VELOCITY EXPRESS, DEFENDANT/THIRD-PARTY PLAINTIFF-APPELLANT,v.NATIONAL CONTINENTAL INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT, AND A CLASSIC PLAN, INC., THIRD-PARTY DEFENDANT.
On appeal from Superior Court of New Jersey, Law Division, Camden County, Docket No. L-2870-07.
Submitted: May 11, 2011
Before Judges Cuff and Fisher.
On August 24, 2005, defendant Edi M. Barrera-Gonzalez struck a car driven by Lindawati Tan, who died from the injuries sustained in the collision. Defendant Barrera-Gonzalez was driving a truck owned by defendant Jose Lopez, the sole proprietor of defendant The Mighty One Trucking Company (Mighty One). Lopez was hauling medical supplies as an independent contractor for defendant Velocity Express (Velocity).
Plaintiff Luis S. Cuevas, as administrator ad prosequendum of the estate of Tan, filed a complaint against Barrera-Gonzalez, Lopez, Mighty One, Velocity, and Chrysler Corporation and Daimler Chrysler Corporation (collectively Chrysler). In his June 1, 2007 complaint, Cuevas asserted strict liability and negligence claims against Chrysler and negligence claims against Barrera-Gonzalez, Lopez, Mighty One, and Velocity. On January 20, 2009, Velocity filed a third-party complaint against National Continental Insurance Company (NCIC) and A Classic Plan, Inc. (ACP). Velocity alleged that NCIC provided insurance for defendants Lopez and Mighty One and Barrera-Gonzalez; it sought reformation of the policy of insurance to provide the minimum levels of financial responsibility prescribed by federal law. Velocity alleged that ACP negligently obtained a policy of insurance for Lopez and Mighty One that did not conform to the minimum levels of financial security prescribed by federal law.
As the litigation progressed, Barrera-Gonzalez, Lopez, and Mighty One deposited the proceeds of their insurance policy with the court. Cuevas eventually settled his claims against the direct defendants, Velocity dismissed its claims against ACP, but the third-party complaint against NCIC remained unresolved. At the trial of the third-party complaint in June 2010, the trial judge granted third-party defendant NCIC's motion in limine to exclude the expert report on which defendant/third-party plaintiff Velocity intended to rely to support its claims against NCIC. Having excluded the expert report, the judge granted NCIC's motion for a directed verdict and dismissed the third-party complaint. Velocity appeals from the ruling excluding its expert report and from the order denying its motion for reconsideration. We affirm.
We have presented an expanded procedural history to place the discussion and disposition of Velocity's third-party complaint against NCIC in context. Some further discussion of the procedural history is, however, in order.
On April 3, 2009, a judge extended discovery on the third-party action until June 15, 2009. On April 17, 2009, ACP moved for an extension of discovery and it was extended until August 15, 2009. An August 28, 2009 order denied Velocity's motion to extend discovery another ninety days.
On September 14, 2009, approximately one month after the discovery end-date, Velocity provided to NCIC and ACP the expert report on which it intended to rely at trial. Velocity's expert made no reference to NCIC in the substance of his report. Velocity did not file a certification of due diligence when it served the report. See R. 4:17-7.
Velocity then filed a bankruptcy petition seeking reorganization. See 11 U.S.C.A. §§ 1101 to 1174. On December 7, 2009, a bankruptcy judge lifted the automatic stay and permitted liquidation or settlement of the State law claims involving Velocity. On January 5, 2010, Velocity filed a motion to amend its third-party complaint to assert a negligence claim against NCIC, and the next day provided NCIC and ACP with a supplement to the expert report sent to them in September 2009.
Velocity did not amend its answers to interrogatories or file a certification of due diligence with this supplemental report.
R. 4:17-7. The supplemental report concluded that NCIC did not have the proper procedures in place for "the verification of underwriting information," and if it had such procedures, it would have conducted a preliminary audit of Lopez's operations and its insurance obligations.
Meanwhile, ACP had filed a motion to dismiss the third-party complaint for failure to provide discovery in November 2009, that could not be heard until the automatic stay was lifted. Once the stay was lifted, Judge Fernandez-Vina denied this motion without prejudice on January 8, 2010, but extended the discovery end-date until February 15, 2010, and further ordered that "[a]ll discovery by [Velocity] shall be provided by January 31, 2010."
Trial commenced on Velocity's third-party complaint against NCIC on June 16, 2010. At that time, Judge Fernandez-Vina granted the NCIC motion to exclude the supplemental expert report provided to it on January 6, 2010, based on the prior order closing discovery on August 15, 2009, and thereafter granted the NCIC motion for a directed verdict. After locating the January 8, 2010 order extending discovery until February 15, 2010, Velocity filed a motion for reconsideration. Judge Fernandez-Vina denied the motion, reasoning that the January order and the extended discovery deadline applied only to ACP. The judge stated:
[I]s the reasonable interpretation of this order that I extended discovery to allow the party receiving your delinquent answers
[i.e. ACP] to follow-up with information, or is it that I extended discovery as to all parties in the case, even those that were not noticed in the motion and were not here to object because it didn't apply to them?
The judge continued:
In the interest of fairness and justice and an overabundance of caution . . . the [c]court denied the motion to dismiss that claim against that party without prejudice and allowed the discovery by the delinquent party to be provided by January 31, 2010.
The judge also rejected the contention that once discovery is extended for one party, it is extended for all parties. He considered that interpretation "an inappropriate and tortured interpretation of th[e] order . . . ." Moreover, the failure by Velocity to provide an affidavit of due diligence and the failure to obtain an expert opinion directly relating to NCIC until early January 2010 were critical flaws in the case.
On appeal, Velocity argues that the trial judge erred when he granted the motion to exclude Velocity's expert report and granted a directed verdict in favor of NCIC. It further contends that its motion for reconsideration should have been granted.
The disposition of this appeal hinges on an interpretation of the January 8, 2010 order denying ACP's motion to dismiss and extending discovery for several weeks. Velocity contends the handwritten paragraph extending the discovery end-date pertains to both ACP and NCIC. As such, Velocity argues the trial court erred in granting NCIC's motion in limine and in denying Velocity's motion for reconsideration. NCIC contends the order did not extend the discovery end-date as to it, and argues the judge was correct to grant the motion in limine and deny Velocity's motion for reconsideration.
Rule 4:17-7 provides:
[I]f a party who has furnished answers to interrogatories thereafter obtains information that renders such answers incomplete or inaccurate, amended answers shall be served not later than 20 days prior to the end of the discovery period, as fixed by the track assignment or subsequent order.
The party seeking to serve that discovery beyond the deadline must certify "that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date." Ibid. If the party does not provide such a certification, "the late amendment shall be disregarded by the court and adverse parties." Ibid.
The decision to exclude evidence is a sanction left within the sound discretion of the trial court. Mason v. Sportsman's Pub, 305 N.J. Super. 482, 493 (App. Div. 1997). Three factors which would "strongly urge" the trial judge, in the exercise of his discretion, to suspend the imposition of sanctions, are (1) the absence of a design to mislead, (2) absence of the element of surprise if the evidence is admitted, and (3) absence of prejudice which would result from the admission of the evidence. [Westphal v. Guarino, 163 N.J. Super. 139, 146 (App. Div.), aff'd, 78 N.J. 308 (1978).] Furthermore, "[t]he typical liberality with which late amendments to interrogatories had been tolerated was substantially affected by the 2000 rule amendments, then known as the Best Practice rules, which demanded stricter compliance with the discovery time frames than theretofore." Pressler & Verniero, Current N.J. Court Rules, comment 1.1 to R. 4:17-7 (2011). The decision to exclude evidence must stand unless it is "so wide of the mark that a manifest denial of justice resulted." Ratner v. Gen. Motors Corp., 241 N.J. Super. 197, 202 (App. Div. 1990); accord In re Commitment of G.D., 358 N.J. Super. 310, 316 (App. Div. 2003).
Here, Velocity served two expert reports. The report served in September 2009 addressed only ACP. NCIC did not receive the supplemental expert report addressing Velocity's claims against it until January 6, 2010. Velocity did not amend its answers to interrogatories and did not serve a certification of due diligence. Based on a discovery end-date of August 15, 2009, Velocity unquestionably failed to adhere to the schedule announced in Rule 4:17-7 and the orders entered in this matter. Additionally, as Judge Fernandez-Vina noted all the information the Velocity expert reviewed was available prior to August 15, 2009, so it had no excuse for the delay. Moreover, because Velocity never served a certification of due diligence, NCIC was under no obligation to object to the supplemental expert report since the court rules instruct that the "late amendment shall be disregarded" by both the court and the opposing party. R. 4:17-7. NCIC was not required to file a motion to strike this belated report. As such, we reject Velocity's contention that NCIC has engaged in gamesmanship by waiting to file a motion in limine at trial.
Velocity relies on Brun v. Cardoso, 390 N.J. Super. 409 (App. Div. 2006), for the proposition that the court should have allowed NCIC time to serve a responsive expert report. In Brun, the trial judge made an in limine ruling that before a chiropractor could testify to MRI findings, "a radiologist who was qualified to interpret MRIs would have to be called." Id. at 415. Responding to this ruling, the plaintiff met with the owner of the imaging center where the original MRI was performed, only to learn that the doctor who had performed the MRI no longer worked there. Ibid. Counsel instead secured the testimony of the owner who stated during voir dire that he only agreed in part with the original interpretation of the MRI. Ibid. The defendant objected to the testimony, but the judge permitted the owner to testify and reserved decision on the objection. Id. at 415-16. Later, the trial judge dismissed the case with prejudice and denied the plaintiff's motion for a new trial. Id. at 418.
This court agreed that the trial could not "fairly proceed under these circumstances." Ibid. However, we disagreed with the trial court's decision to grant a dismissal with prejudice. Id. at 419. Rather, we remanded the case for a new trial. Id. at 421. We did so because the reason for the short notice was "unique, unforeseen and largely unforeseeable." Id. at 420. Here, Velocity has yet to offer a reason why its first expert report was served one month beyond the discovery end-date, much less a reason why the supplemental report was served months later.
In fact, this case is analogous to Montiel v. Ingersoll, 347 N.J. Super. 246 (Law Div. 2001), a post-Best Practices case. There, the trial judge granted the plaintiff's motion to exclude the testimony of the defendant's expert for failure to identify the expert within time. Id. at 247. The court noted the expert was identified by amendment to an interrogatory on the day discovery ended, and the expert's report was served well after the discovery period. Id. at 251. Furthermore, the defendant did not provide a proper certification of due diligence as required by the rules. Ibid. Thus, the court barred the expert's testimony at trial. Id. at 255.
In light of Velocity's failure to comply with the rules of court, the strictness with which the rules are to be applied, and the ensuing prejudice to NCIC, we affirm the order granting the NCIC motion to strike Velocity's expert report. Judge Fernandez-Vina's decision was not "so wide of the mark that a manifest denial of justice resulted." Ratner, supra, 241 N.J. Super. at 202.
We also affirm the denial of the motion for reconsideration. Rule
4:49-2 provides: "[A] motion for rehearing or reconsideration seeking
to alter or amend a judgment or order shall be served not later than
20 days after service of the judgment or order upon all parties by the
party obtaining it." The comments to the rule note that this remedy is
applicable "only when the court's decision is based on plainly
incorrect reasoning or when the court failed to consider
evidence or there is good reason for it to reconsider new
information." Pressler & Verniero, supra, comment 2 on R. 4:49-2.
Reconsideration is a matter within the sound discretion of the court.
Cummings v. Bahr, 295 N.J. Super. 374, 384 (App. Div. 1996); D'Atria
v. D'Atria, 242 N.J. Super. 392, 401 (Ch. Div. 1990).
Velocity argues the language of the January 8, 2010 order unambiguously extended discovery for all parties, and the trial judge erred when he limited the clear language in the order. Velocity interprets the order to replace the August 15, 2009 end-date with a new February 15, 2010 end-date for all parties to the third-party action. We disagree.
Velocity could not have reasonably relied on the language in the
January 8, 2010 order in planning its discovery and trial strategies
because it provided the supplemental expert report two days prior to
the issuance of the order. Moreover, it is unreasonable to conclude
that the January 8, 2010 order extended discovery as to ACP, as well
as NCIC, because NCIC was not involved in the motion filed by ACP to
dismiss the third-party complaint against it for failure to provide
discovery. The order directs ACP's attorney to mail a copy of it to
Velocity only. There is no mention of NCIC in the order. If Judge
Fernandez-Vina wished to extend the discovery end-date with
respect to NCIC as well as ACP, he could have done so by amending the
order ACP submitted with language indicating such.
Finally, we defer to the trial judge's interpretation of his own order. Judge Fernandez-Vina entered several orders in this case. The plain language of the order does not allow the interpretation advanced by Velocity.
Here, the plain language of the order means nothing outside of the context of the order itself. The order indicates that ACP brought the motion to dismiss against Velocity, ACP's counsel should mail a copy of the order to Velocity, and the "delinquent party" must provide the discovery sought by January 31, 2010. Read in its entirety, the plain language of the order does not warrant the conclusion that Velocity was permitted to serve NCIC with additional discovery.
We, therefore, affirm the June 30, 2010 order striking the expert report and entering a directed verdict in favor of NCIC, as well as the July 23, 2010 order denying the motion for reconsideration. Judge Fernandez-Vina did not abuse his discretion in denying the motion because his initial decision was not based on "plainly incorrect reasoning," he did not fail to consider evidence, and there was not a good reason for him to reconsider new information.
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