text:
Alaska, Homer. Fireweed in summer.
Purple Fireweed In Unga Village
Wild purple fireweed grows along the hillside of the abandoned village of Unga.
Growing along the hillside, purple fireweed grows in abundance in Unga's abandoned...
Colorful Wildflowers In Tongass National Forest
A colorful display of wildflowers in the Tongass National Forest with small icebergs in the background in Russell Fjord.
Wildflowers display beautiful colors of purple, blue, red, yellow and orange in the Tongass...
Coastal Flowers Paintbrush And Forget Me Nots
A Coastal Paintbrush sits among the petite flowers of the Forget Me Not.
Coastal Paintbrush and the lavender Forget Me Not flowers are part of the beautiful landscape of...
Pink Wooly Lousewort Wildflowers
Beautiful tall pink Wooly Lousewort wildflowers grown among the stony tundra and mountains of Alaska.
This pretty pink wildflower is the Wooly Lousewort. This wildflower is found growing among the...
Forget Me Not Flower
Alaska's state flower is the petite Forget-Me-Not.
The state flower of Alaska is the Forget-Me-Not. The petite Forget-Me-Not flower has five...
Sunflowers Helium Balloon
A helium balloon of a bumblebee sits above a big batch of lush garden of sunflowers.
A helium bumblebee balloon floats over the beautiful sunflowers. Fairbanks Sunflower farm with...
Mt Marathon Wildflowers
Wildflowers growing on the hillside of Mt. Marathon above Seward, Alaska.
On the hillside of Mt Marathon, wildflowers grow in beautiful colors of red and...
Portage Lake Summer Scenery Alaska USA
A vacationer stands above Portage Lake in Portage, Alaska in the USA on a summer day enjoying the stunning scenery of the mountain range, lake and glacier as the fireweed blossoms across the landscape.
As a man wanders through the wilderness landscape in Portage, Alaska in the USA, he stops to admire...
Blooming Echinocereus Cactus Desert Landscape Arizona
A colorful Echinocereus Cactus blooming across the arid landscape of the Arizona desert in the USA.
The Echinocereus Cactus is a type of ribbed, mainly small to medium in size which has large flowers...
Eklutna Flats Wild Iris Flowers Alaska USA
During June, the sky is blue and wild Iris flowers blossom in purple hues across the flats landscape near Eklutna in Alaska, USA.
As the sunny skies shine down upon the flats near Eklutna, Alaska in the USA, the landscape is...
Indian Paintbrush Flowers Mt Rainier National Park
The Indian Paintbrush blossoms in bright red hues when the flowers are at their peak and brighten up the wilderness landscape of Mt. Rainier National Park in Washington, USA.
The blossoming Indian Paintbrush in Mt. Rainier National Park in Washington, USA show off their...
Prickly Rose Sprinkled With Raindrops Eklutna Flats Alaska
A delicate wild Prickly Rose sprinkled with raindrops from the last weather system which passed over the Eklutna Flats in Alaska, USA.
Every year during the month of May, some of the wildflowers found on the Eklutna Flats in Alaska,...
Wild Sweet Pea Blossoming Flowers Picture
The blossoming flowers on the Wild Sweet Pea are extremely showy and brighten up the summer landscape of Alaska, USA.
The Wild Sweet Pea is a showy type of flower which has flowers blossoming in bright pink to deep...
Hanging Western Columbine Blossom Prince William Sound
A blossom on a Western Columbine flower hanging over an alpine hemlock branch along a stream in Prince William Sound in Alaska, USA.
Hanging red petals encompass the center of a Western Columbine blossom seen hanging over an alpine...
Wedge Leaf Primrose Picture Alpine Tundra Thompson Pass
A Wedge-leaf Primrose blooms in bright pink and yellow hues in the alpine tundra at Thompson Pass near Richardson Highway in Alaska, USA.
The alpine tundra at Thompson Pass near the Richardson Highway in Alaska, USA comes to life in...
Abandoned Cabin Window Wrangell St Elias National Park Alaska
Looking out the window of an old abandoned cabin, the landscape of Wrangell St. Elias National Park in Alaska, USA is ablaze in color.
On the road towards McCarthy/Kennecott in Alaska, USA, travelers will pass by an old abandoned...
Two Wildflowers Species Blossoming Eklutna Flats Alaska
During the spring, two vibrant colored species of wildflowers adorn the landscape of the Eklutna Flats in Alaska, USA. Blossoming in pink and purples hues is an Iris and a Shooting Star.
The bright green background of the tall grasses growing in the tidal influenced wetlands in the...
Orca Inlet Purple Lupine Wildflowers Cordova Alaska
Purple Lupine wildflowers highlight the coastal shores at Orca Inlet in the Chugach National Forest in Cordova, Alaska on one side while the snow covered peaks are the prominent feature on the other.
The scenery around Orca Inlet in Cordova, Alaska is beautiful during the summer when the...
Copper River Highway Wildflowers Chugach National Forest Alaska
Wildflowers in bloom along the sides of the Copper River Highway which travels through the Chugach National Forest in Cordova, Alaska.
While driving along the Copper River Highway through the Chugach National Forest in Cordova,...
Old Barn Surrounded By Wildflowers Homer Alaska
An old barn found in the wilderness of Homer, Alaska in the USA is surrounded by a field of wildflowers known as Cow Parsnip.
The wilderness of Homer, Alaska in the USA spans for miles and many travelers will find old barns...
Princess Cruises Train Tour Alaska Railroad
Summer vegetation flourishes across the landscape of Alaska, USA where a train tour with Princess Cruises Railroad passes through the Denali wilderness.
While traveling through Alaska, USA, Princess Cruises and Tours offer two different types of...
Lupine Wildflowers Orca Inlet Chugach National Forest Cordova
Along the shores at Orca Inlet in the Chugach National Forest in Cordova, Alaska, the scenery becomes more colorful as the wildflowers known as Lupines begin to blossom.
Clouds have blocked out most of the sunlight on this particular day in the Chugach National Forest...
Yellow Pond Lily Picture Copper River Delta Cordova Alaska
A yellow pond lily blossoms in the wetlands of the Copper River Delta in the Chugach National Forest in Alaska, USA amongst the various species of plant life.
A pond lily highlights the marshes of the Copper River Delta in the Chugach National Forest in...
Kodiak Brown Bear With Wildflowers Alaska National Refuge
An older Kodiak Brown Bear contemplates life amongst the wildflowers in the Kodiak National Wildlife Refuge in Alaska, USA.
Peaceful in his surroundings of the wilderness of the Kodiak National Wildlife Refuge in Alaska,...
Nootka Lupine Wildflowers Chugach National Forest Alaska
A field of Nootka Lupine wildflowers blossom in the Chugach National Forest in Alaska, USA as the snow covered mountain peaks sparkle in the bright rays of the sun.
Vibrant pink and purple hues explode from the Nootka Lupine wildflowers blossoming across the...
Blooming Wildflowers Seward Highway Alaska
The natural beauty along the Seward Highway on the Kenai Peninsula in Alaska, USA where the blooming wildflowers blanket the hillsides.
A mix of wildflowers, Jacob's Ladder and Forget-me-Nots, blooming along the sides of the Seward...
Western Columbine Flower Picture
A close up picture of a brightly colored flower, the Western Columbine in the wilderness of the Kenai Peninsula in Alaska, USA.
In this close up picture of the Western Columbine, one can see the true colors which explode from...
Chugach National Forest Wildflowers Kenai Peninsula Alaska
A colorful picture in the Chugach National Forest in the Kenai Peninsula, Alaska of the blooming wildflowers known as Jacob's Ladder and Alpine Forget-me-nots.
As spring arrives in the Chugach National Forest in the Kenai Peninsula, Alaska, vibrant colors...
Hotel Alyeska Chugach Mountains Girdwood Alaska
In the backdrop, the peaks of the Chugach Mountains are still splattered with snow as they tower over the beautiful Hotel Alyeska during Spring.
The Hotel Alyeska is a world class hotel set in the wilderness of the Chugach National Forest in...
Tongass National Forest Summer Wildflowers Alaska
A mixture of wildflowers bloom across the landscape of Tongass National Forest in Alaska, USA during the summer.
During the spring and summer months in the Russell Fiord Wilderness in Tongass National Forest in...
Monkshood Purple Flowers Chugach State Park Alaska
Vibrant purple hues radiate from the flowers on the Monkshood which grow across the landscape in Chugach State Park in Alaska, USA.
Each purple flower blossoming on the top of a Monkshood plant grows in a unique way, resembling...
Lace Cactus Flowers Picture Texas Hill Country Comfort Texas
Striking pink flowers blossom from the Lace Cactus which decorate the landscape in Texas Hill Country in Comfort, Texas in the USA.
The Lace Cactus is a plant which is fairly easy to grow and needs very little care except for full...
False Solomons Seal Picture Eklutna Flats Alaska
The tall pointed leaves on the False Solomons Seal surround the blossoming white wildflower which decorates the landscape of the Eklutna Flats in Alaska, USA.
As the long, broad, pointed leaves begin to flourish on the False Solomons Seal, they will...
Eklutna Flats Alaska Wildflowers Iris And Shooting Star
The Iris and Shooting Star are two types of wildflowers which bloom during the Spring across the Eklutna Flats in Alaska, USA.
On the tidal influenced wetlands of the Eklutna Flats in Alaska, USA, various species of...
Summer Fireweed Chugach National Forest Alaska
During the summer months, the Fireweed will flourish but as the flowering season nears its end, the blossoms begin to disappear and fall gets closer in the Chugach National Forest in Alaska.
The Chugach National Forest in Alaska, USA is beautiful during the summer months when the fireweed...
Riverside Fireweed Valdez Alaska Sunset
Fireweed blossoms along the riverside at Lowe River in Valdez, Alaska as the snow capped mountain peaks glisten in the remaining light at sunset.
The riverside is adorned with a pink display of blossoming fireweed flowers as the Lowe River winds...
Lowe River Fireweed Valdez Alaska Sunset
Fireweed growing along the banks of the Lowe River in Vladez, Alaska as the sunset lighting slowly begins to diminish.
The beautiful scenery along the Lowe River in Valdez, Alaska is picturesque at any time of day but...
Alaska Highway Wildflowers Chugach Mountains
Wildflowers grow freely along the side of the Richardson Highway in Alaska, USA as the Chugach Mountains create a picturesque scene on the opposite side.
While driving along the Richardson Highway in Alaska, USA, Thompson Pass is a very picturesque...
Highway Flora Chugach Mountains Alaska
Pink flora called fireweed, grows on the side of the Richardson Highway in Thompson Pass in Alaska, USA.
Fireweed decorates the side of Richardson Highway in Thompson Pass, Alaska during the summer months...
Glacier Flowers Chugach National Forest Alaska
Glacier flowers, or Dwarf fireweed blossoms in the rocky landscape of Coxe Glacier in Chugach National Forest in Alaska, USA.
The flowers on the Dwarf Fireweed come to life as summer arrives in the Chugach National Forest in...
Prince William Sound Glacier Fireweed Alaska
Fireweed growing in front of Coxe Glacier in Harriman Fiord around Prince William Sound in Alaska, USA.
Coxe Glacier is a beautiful sight to see while visiting the Chugach National Forest in Prince...
|1 2 Last Page


text:
UK police bust 'significant' pirate pay-TV streaming ring
The City of London Police Intellectual Property Crime Unit (PIPCU) is claiming another small victory in the never-ending and probably unwinnable war against piracy. Following a series of dawn raids at several business and residential addresses in Lancashire, the fuzz has reportedly brought down a large-scale illegal TV streaming operation. While it's not unusual to hear about the seizure of modified set-top boxes that tap into pirate pay-TV streams, officers have landed themselves a much bigger fish this time around, also discovering 15 satellites and recovering over 30 servers.
"Our action today will disrupt what we understand to be a significant and highly resourced operation to distribute pirated television on an industrial scale to tens of thousands of people across the globe," Detective Chief Inspector Peter Ratcliffe said. As a result of the sting, three men have been arrested on suspicion of conspiracy to defraud and money laundering offences.
According to the police, the group is believed to have been transmitting hundreds of subscription-only channels to set-top boxes advertised as legitimate and sold online for a yearly fee of roughly £400. TorrentFreak has done some digging of its own, and while not naming who it believes to be responsible, says the operation has been going for a number of years and was primarily targeted at the ex-pat community. With those ex-pats now underserved, we expect the cycle to continue as it typically does -- one police bust simply being another pirate's opportunity.
[Server image credit: City of London Police]City of London Police
More in News
More in News
More from Engadget
Fluctuating brain networks help you handle complex tasksEngadget
UK retailer leaks Google's Pixel phones in detailEngadget
Solar road tiles get their first public testEngadget
Blue Apron's meal kit service has had worker safety problemsEngadget

subset: commoncrawl


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, W.D. New York
May 7, 2015
TODD SPRING, Plaintiff,v.COUNTY OF MONROE, NEW YORK, MONROE COMMUNITY HOSPITAL, MAGGIE BROOKS, AS MONROE COUNTY EXECUTIVE, DANIEL J. DE LAUS, JR., ESQ., WILLIAM K. TAYLOR, ESQ., BRETT GRANVILLE, ESQ., MERIDETH H. SMITH, ESQ., KAREN FABI, Defendants
For Todd Spring, Plaintiff: Glenn E. Pezzulo, Culley, Marks, Tanenbaum & Pezzulo, Rochester, NY.
For County of Monroe, New York, Monroe Community Hospital, Maggie Brooks, as Monroe County Executive, Daniel M., Jr., Esq. DeLaus, William K, Esq. Taylor, Brett, Esq. Granville, Smith H., Esq. Merideth, Defendants, Cross Defendants: Eugene Welch, LEAD ATTORNEY, Letty L. Laskowski, Harris Chesworth O'Brien Johnstone Welch & Leone LLP, Rochester, NY; Howard A. Stark, Monroe County Department of Law, Rochester, NY; Mark J. Valerio, Moran & Kufta, P.C., Rochester, NY.
For Karen Fabi, Defendant: Charles D. Steinman, LEAD ATTORNEY, Jeffrey Wicks PLLC, Rochester, NY; Jeffrey Wicks, LEAD ATTORNEY, Jeffrey Wicks, PLLC, Rochester, NY; Maureen G. Fatcheric, Costello Cooney & Fearon PLLC, Camillus, NY.
For Karen Fabi, Cross Claimant: Jeffrey Wicks, LEAD ATTORNEY, Jeffrey Wicks, PLLC, Rochester, NY; Maureen G. Fatcheric, Costello Cooney & Fearon PLLC, Camillus, NY.
DAVID G. LARIMER, United States District Judge.
Plaintiff Todd Spring (" Spring" ), a former employee of Monroe Community Hospital (the " Hospital" ), commenced the instant action against the County of Monroe (the " County" ), the Hospital, Monroe County Executive Maggie Brooks (" Brooks" ), Hospital Supervisor of Safety and Security Karen Fabi (" Fabi" ), Deputy County Executive Daniel M. DeLaus, Jr. (" DeLaus" ), and Monroe County District attorneys William K. Taylor (" Taylor" ), Brett Granville (" Granville" ), and Merideth H. Smith (" Smith" ). Spring primarily alleges that the defendants deprived him of his right to free speech under the First Amendment, and subjected him to defamation, negligence and legal malpractice, in violation of 42 U.S.C. ''1981, 1983 and 1988, and New York common law.
On November 13, 2014, the Court denied, without prejudice, prior motions by the defendants to dismiss the original complaint in this action, and permitted Spring leave to file an amended complaint. (Dkt. #38, #39). Defendant Fabi now moves to dismiss the defamation claim against her (Dkt. #40), and the other defendants collectively move to dismiss the remainder of the amended complaint for failure to state a claim, pursuant to Fed. R. Civ. Proc. 12(b)(6). (Dkt. #42). For the following reasons, the defendants' motion to dismiss (Dkt. #42) is granted in part, Spring's First Amendment free speech claim is dismissed, and the Court declines to exercise supplemental jurisdiction over Spring's state common law claims. Those claims, as well as Fabi's motion to dismiss Spring's defamation claim against her (Dkt. #40) are remanded to New York State Supreme Court, Monroe County.
In or about 2004, after several years of employment with the County, Spring became the Executive Health Director/Chief Administrative Officer of the Hospital. In or about February 2013, questions arose concerning Spring's treatment of a particular Hospital resident, S.C. The County Human Resources Department investigated, and made findings that Spring alleges were favorable to him. On or about March 2013, the New York State Department of Health (" NYSDOH" ) commenced its own investigation into the S.C. matter. In connection with that investigation, defendants DeLaus, Taylor, Granville and Smith provided legal representation to Spring, as well as the County and at least twenty other Hospital staff members.
Spring alleges that on March 28, 2013, he and Taylor participated in a conference call with the NYSDOH to discuss the S.C. matter. Plaintiff alleges that Taylor prevented him from speaking with the NYSDOH representatives during that call, by instructing him to remain silent so that the representatives would not realize that plaintiff was listening to the call.
On March 29, the NYSDOH issued a Statement of Deficiency, indicating the most serious possible finding, Immediate Jeopardy (meaning noncompliance with regulations, causing or likely to cause serious harm to a resident) at the Hospital, based on Spring's treatment of S.C. See 42 CFR § 489.3 et seq. Spring alleges that he was thereafter barred by the defendants from participating in the NYSDOH investigation, and instructed not to communicate with anyone about S.C. or the NYSDOH findings, including the NYSDOH, other Hospital employees, and local news media who were reporting on the matter. Spring contends that Hospital representatives told him that the Hospital would respond on his behalf to the negative publicity surrounding the matter, but that the Hospital failed to do so. Instead, Spring was terminated from employment [by unspecified " [d]efendants" ] on May 10, 2013. (Dkt. #39 at ¶ 62). The same day, Brooks was quoted in a local newspaper as having said that " [w]e want stability at that hospital," and that " Spring fell short of our standard in excellence in care that we have at that facility." (Dkt. #39 at ¶ 63).
Spring alleges that he was denied the right to defend himself against the NYSDHR's findings because the defendants failed to timely request an informal dispute resolution procedure to contest the deficiency finding, even though the Hospital's initial investigation and an independent consultant hired by defendants later had both concluded that Spring had not acted improperly.
Spring alleges that if he had been permitted to speak to the NYSDOH, the public, and/or the news media, he would have defended his conduct in the S.C. matter, by proving that his treatment of S.C. was an appropriate response to S.C.'s dangerous conduct, and correcting numerous factual errors in the NYSDOH's findings and media reports.
I. Standard of Review
In deciding a motion to dismiss under Fed. R. Civ. Proc. 12(b)(6), the Court accepts all allegations in the complaint as true, and draws all reasonable inferences in the plaintiff's favor. See Kuck v. Danaher, 600 F.3d 159, 166 (2d Cir. 2010); Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 89-90 (2d Cir. 2004). Nonetheless, " a plaintiff's obligation . . . requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Where a plaintiff " ha[s] not nudged [his] claims across the line from conceivable to plausible," his complaint must be dismissed. Id., 550 U.S. 550 at 570.
II. Spring's First Amendment Prior Restraint Claim
Initially, Spring claims that he was subjected to an unconstitutional prior restraint on protected speech, when the defendants prevented him " from speaking to the public, press and co-workers regarding the investigations and allegations against him, and his unlawful termination." (Dkt. #39 at ¶ 71).
It is well settled that " a public employee who brings a First Amendment claim alleging a prior restraint on free speech must show that the speech touches on a matter of public concern." Rutherford v. Katonah-Lewisboro Sch. Dist., 670 F.Supp.2d 230, 245 (S.D.N.Y. 2009). " Whether an employee's speech addresses a matter of public concern must be determined by the content, form and context of a given statement, as revealed by the whole record . . . [ and t]he inquiry into the protected status of speech is one of law, not fact." Connick v. Myers, 461 U.S. 138, 147-148 n.7, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). Generally, " [a] matter of public concern is one that relates to any matter of political, social or other concern to the community." Singer v. Ferro, 711 F.3d 334, 339 (2d Cir. 2013) (internal quotations omitted). Conversely, speech that, although touching on a topic of general importance, primarily concerns an issue that is personal in nature and specific to the employee's own situation, does not address a matter of public concern. See Blum v. Schlegel, 18 F.3d 1005, 1012 (2d Cir. 1994); Saulpaugh v. Monroe Cmty. Hosp., 4 F.3d 134, 143 (2d Cir. 1993). As such, " [a] public employee's complaints to his supervisors about [his own treatment] typically do not meet the 'public concern' standard." Brown v. N.Y. State Dep't of Corrs. Servs., 583 F.Supp.2d 404, 412-413 (W.D.N.Y. 2008). [T]he airing of generally personal grievances is not brought within the protection of the First Amendment by the mere fact that one or two of [a public employee's] comments could be construed broadly to implicate matters of public concern." Ruotolo v. City of New York, 514 F.3d 184, 190 (2d Cir. 2008).
Thus, where, as here, an employee's speech (or intended speech) is confined to individualized, work-related matters rather than more expansive issues, it fails to qualify as speech on a matter of public concern. This is so even when the individual's employment lies in the field of health care, a matter in which the public has a substantial interest. See Ezekwo v. NYC Health & Hosp. Corp. et al., 940 F.2d 775, 781 (2d Cir. 1991) (where plaintiff physician responded to a poor residency program evaluation and the denial of a promotion by accusing a program director of malice and discrimination, " [plaintiff] was not on a mission to protect the public welfare. Rather her primary aim was to protect her own reputation and individual development as a doctor" ); Rafiy v. Nassau Cty. Med. Ctr., 218 F.Supp.2d 295 (E.D.N.Y. 2002) (statements made by doctors to defend themselves against allegations that they provided sub-standard medical care do not qualify as speech on matters of public concern, regardless of the fact that they implicate patient care in general).
The content, form and context of Spring's intended speech may have had a peripheral relationship with matters of public concern, in that his position concerns the provision of health care, and because his intended comments addressed findings made by a state agency. Nonetheless, Spring's own characterization of his intended speech makes clear that it was primarily directed at correcting the public record with regard to his job performance, safeguarding or restoring his good professional reputation, and pointedly responding to factual findings in a single, specific agency investigation, all with respect to his treatment of one particular patient. There is no indication that it was intended to correct or call the public's attention to any larger, systemic issue concerning public health, patient care, or the conduct of NYSDHR investigations in general. See Saulpaugh v. Monroe Cmty. Hosp., 4 F.3d 134, 143 (2d Cir. 1993) (speech is not likely on a matter of public concern where there is no indication that plaintiff seeks relief against " pervasive or systemic misconduct" or is seeking to correct unlawful acts by bringing them to the public's attention). The amended complaint describes the goal of Spring's intended speech simply as, " defending himself to the public, the press, the New York State authorities, the Hospital staff, and the Monroe County Hospital Foundation Board" with regard to his care of S.C. (Dkt. #39 at ¶ 23), " respond[ing] to public criticism" (Dkt. #39 at ¶ 34), and helping to " clear" his " name and reputation" by correcting factual errors in the NYSDOH's findings (Dkt. #39 at ¶ 53). This intended speech was clearly " personal in nature and generally related to [his] own situation within the [Hospital]." Ezekwo, 940 F.2d 775 at 781. The amended complaint contains no hint anywhere of some broader aim relating to the care of other patients, or some systemic issue of misconduct by Hospital officials, other public employees or the NYSDOH.
As such, assuming arguendo that Spring's intended speech would have been undertaken as a public citizen, I find that Spring has failed to plausibly allege that it related to a matter of public concern, and his First Amendment claim is dismissed.[1]
III. Spring's Claims for Negligence, Legal Malpractice and Defamation
Having dismissed Spring's sole federal claim, the Court declines to exercise jurisdiction over Spring's state common law claims of negligence, legal malpractice and defamation.
The exercise of supplemental jurisdiction is governed by 28 U.S.C. § 1367, which states that, " in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy . . ." 28 U.S.C. § 1367(a). Supplemental jurisdiction may be declined, however, where all claims over which the Court had original jurisdiction have been dismissed. 28 U.S.C. § 1367(c). The Second Circuit observes that, " in the usual case in which all federal-law claims are eliminated before trial, the balance of factors to be considered under the pendent jurisdiction doctrine . . . will point toward declining to exercise jurisdiction over the remaining state-law claims." Valencia ex rel. Franco v. Lee, 316 F.3d 299, 305 (2d Cir. 2003). The relevant factors include judicial economy, convenience, fairness and comity. Id. Here, I find that those interests are best served by declining to exercise supplemental jurisdiction.
For the reasons stated above, I find that plaintiff's amended complaint fails to state a federal cause of action upon which relief can be granted, and that there is no basis for this Court to exercise jurisdiction over his remaining state law claims. Defendants' motion to dismiss (Dkt. #42) is granted in part, plaintiff's First Amendment claim is dismissed with prejudice, and the matter is remanded to the New York State Supreme Court, Monroe County for adjudication of plaintiff's state common law claims. Fabi's motion to dismiss the state common law defamation claim against her (Dkt. #40) is likewise remanded for disposition by the state court.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
GammaTech Introduces the U12Ci Rugged, Convertible Notebook
GammaTech Computer Corp., a major international manufacturer and supplier of innovative notebook and tablet computers, has the perfect solution for critical enterprise applications calling for a rugged computer: its convertible U12Ci notebook. Featuring the advanced Intel Pentium processor, the unit is designed to meet the many varied needs encountered daily by companies of all sizes and in scores of industries.
"Our Durabook U12Ci rugged tablet starts at under $1,000 and is ready to ship, which makes it a perfect last-minute 2012 company IT purchase," stated Jen Chen, GammaTech president. "Any company that keeps a close eye on its budget will appreciate the access this value-oriented unit provides to the latest technology while offering Ultrabook features, such as long battery life and Intel Smart Response Technology. All of that in addition to Military Standard 810G for shock, drop, spill, and dust resistance."
Business Basics
The U12Ci comes standard with a 12.1" convertible TFT, LED display with a resistive touch-screen. An optional digitizer is available for e-Signatures in the field, as is a sunlight-readable function for bright-light usage inside or extremely sunny days outside. Additionally, its expandable memory capability and long battery life are ideal for critical situations where reliability is absolutely essential.
Business Smarts
The U12Ci comes with a choice of either an Intel Pentium, Intel Core i5 or an Intel Celeron Dual Core 867 i3 (Sandy Bridge) processor. Two DDR3 memory slots offer a 2 GB to 16 GB range of memory. A high-definition stereo audio, USB 3.0 port, 1.3-megapixel web camera, and WLAN and WiFi compatibility are also included. Bluetooth is available. Additionally, a swappable I/O module offers a RS-232 port, WWAN, GPS, rear camera, smart card reader, and more. For the road warrior, a mountable vehicle dock is also available.
Business Tough
The GammaTech U12Ci is built to withstand demanding work environments, whether indoor or out, and in places that other commercial laptops would never survive. Meeting stringent MIL-STD-810G requirements, it is specifically designed for maximum protection from daily mishaps and general hard use. It also includes a variety of security features to protect sensitive data.
It is the ideal solution for companies within industries such as education, public utilities, construction, fleet management, service industries, mining, insurance, automotive, field services, oil and gas, government, and many others.
The Durabook U12Ci convertible notebook is available through authorized resellers nationwide and at the GammaTech website. It has an MSRP starting at $999, and comes with a two-year warranty. As with all GammaTech products, it may be customized to customer specifications.
Related Tags
Latest News Posts
- Nintendo Switch is actually pretty small
- Samsung Pearl Black S7 edge comes with more storage
- 'Spider-Man' comes home in first trailer
- Third 'Cloverfield' film revealed & delayed by 8 months
- John Glenn, the first American to orbit the Earth, dies
Forum Activity
- x99 Taichi gets WHEA 17 errors and BSOD124
- Dk-q1 / dk-q1h
- asrock 880g pro3 codes E8>54>19
- ADATA SC660 240GB Portable SSD Review
- Will this Build be Quite, Small and powerfull ?
Press Releases
- BitFenix announces the Shogun chassis with ASUS Aura support
- Bluetooth 5 specification now available, 4x Range, 2x Speed
- Zadak511 reveals SHIELD Series with RGB DDR4 RAM and RGB SSD
- Jonsbo announces QT03A and VR2 cases, and FR-101 fan series
- Cooler Master announces the MasterCase Maker 5T


text:
Clinical Application of Sunlight and Artificial Radiation, Including their Physiological and Experimental Aspects, with Special Reference to Tuberculosis.
MAYER, Edgar.
• Terms • Ask a Question
Description: Illustrated, 468pp. Large 8vo, cloth; previous owners signature on half title. Baltimore: Williams and Wilkins, 1926.Edition: First Edition
Binding: hardcover
Language: English
Type: Books
Book ID: 147055


text:
Townhouse/condo has 3 beds, 2 baths, 1,719 sq. ft., 5,565 lot size, was built in 1994 and is pet friendly. Offered as for sale by owner with a price of $1,060.
|Rental Fee
|Property Type
|Not available
|1,719 sq. ft.
|Pets Allowed
|Please inquire
|Provided By
|Direct Link
|Last Updated
|4 days ago
This property is For Sale by Owner or FSBO , which can offer significant advantages to home buyers. Even though a homeowner chooses FSBO to save money on real estate fees, those savings can be passed on to the buyer as a lower purchase price. Some FSBO homeowners may also offer flexible financing options, including Owner Financing (a good alternative to a bank loan) or Rent to Own. The Rent to Own option would allow you to rent this home for a period of time with an option to purchase it for a predetermined price after the rental period. This...
gives you time to build up your credit and accumulate your down payment, all while living in the home of your dreams.
Townhouse located at Endicott in Crystal River, FL 34429 has 3 beds, 2 baths, 1,719 square feet and available to rent for $1,060. Endicott was listed on RentalSource 56 days ago by RentBeforeOwning. Endicott is in zip code 34429 which is located in Crystal River, FL. The rental price of $1,060 is 12% higher than the average rental price of $949 for townhome rentals in 34429 and 22% higher than the average rental price of $874 for townhome rentals in Crystal River, FL.Report listing | Visit website
Beware of rental scams! Situations involving wire transfers or a landlord who can't meet you in person can be red flags.
All information listed is provided by third parties and is deemed reliable, but should be independently verified. Price and specifications are subject to change without notice. RentalSource provides this service without representations or warranties of any kind either expressed or implied.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
September 14, 2012
REGINA O. GARDNER, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
On November 18, 2011, Regina O. Gardner ("Plaintiff or Claimant") filed a complaint seeking review of the decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's application for Social Security Disability Insurance benefits. The Commissioner filed an Answer on March 8, 2012. On August 27, 2012, the parties filed a Joint Stipulation ("JS"). The matter is now ready for decision.
Pursuant to 28 U.S.C. § 636(c), both parties consented to proceed before this Magistrate Judge. After reviewing the pleadings, transcripts, and administrative record ("AR"), the Court concludes that the Commissioner's decision must be reversed and the case remanded for further proceedings in accordance with this Memorandum and Order and with law.
Plaintiff is a 43 year old female who applied for Social Security Disability Insurance benefits on August 18, 2008, alleging disability beginning October 12, 2007. (AR 10.) Plaintiff has not engaged in substantial gainful activity since October 12, 2007, the alleged onset date. (AR 12.)
Plaintiff's claim was denied initially on January 16, 2009, and on reconsideration on May 14, 2009. (AR 10.) Plaintiff filed a timely request for hearing, which was held before Administrative Law Judge ("ALJ") Gail Reich on December 13, 2010, in West Los Angeles, California. (AR 10.) Claimant appeared and testified at the hearing, and was represented by counsel. (AR 10.) Medical expert ("ME") Minh D. Vu, M.D., and vocational expert ("VE") Gregory S. Jones also appeared and testified at the hearing. (AR 10.) The ALJ issued an unfavorable decision on January 6, 2011. (AR 10-25.) The Appeals Council denied review on September 21, 2011. (AR 1-6.)
As reflected in the Joint Stipulation, Plaintiff raises the following disputed issues as the basis for reversal and remand:
1. Whether the ALJ erred in taking the testimony of the medical expert.
2. Whether the ALJ erred in rejecting Plaintiff's subjective symptom testimony. STANDARD OF REVIEW
Under 42 U.S.C. § 405(g), this Court reviews the ALJ's decision to determine whether the ALJ's findings are supported by substantial evidence and free of legal error. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir. 1996); see also DeLorme v. Sullivan, 924 F.2d 841, 846 (9th Cir. 1991) (ALJ's disability determination must be supported by substantial evidence and based on the proper legal standards).
Substantial evidence means "'more than a mere scintilla,' but less than a preponderance." Saelee v. Chater, 94 F.3d 520, 521-22 (9th Cir. 1996) (quoting Richardson v. Perales, 402 U.S. 389, 401 (1971)). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson, 402 U.S. at 401 (internal quotation marks and citation omitted).
This Court must review the record as a whole and consider adverse as well as supporting evidence. Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir. 2006). Where evidence is susceptible to more than one rational interpretation, the ALJ's decision must be upheld. Morgan v. Comm'r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999). "However, a reviewing court must consider the entire record as a whole and may not affirm simply by isolating a 'specific quantum of supporting evidence.'" Robbins, 466 F.3d at 882 (quoting Hammock v. Bowen, 879 F.2d 498, 501 (9th Cir. 1989)); see also Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007).
The Social Security Act defines disability as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or . . . can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. §§ 423(d)(1)(A), 1382c(a)(3)(A). The Commissioner has established a five-step sequential process to determine whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920.
The first step is to determine whether the claimant is presently engaging in substantial gainful activity. Parra v. Astrue, 481 F.3d 742, 746 (9th Cir. 2007). If the claimant is engaging in substantial gainful activity, disability benefits will be denied. Bowen v. Yuckert, 482 U.S. 137, 140 (1987). Second, the ALJ must determine whether the claimant has a severe impairment or combination of impairments. Parra, 481 F.3d at 746. An impairment is not severe if it does not significantly limit the claimant's ability to work. Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996). Third, the ALJ must determine whether the impairment is listed, or equivalent to an impairment listed, in 20 C.F.R. Pt. 404, Subpt. P, Appendix I of the regulations. Parra, 481 F.3d at 746. If the impediment meets or equals one of the listed impairments, the claimant is presumptively disabled. Bowen v. Yuckert, 482 U.S. at 141. Fourth, the ALJ must determine whether the impairment prevents the claimant from doing past relevant work. Pinto v. Massanari, 249 F.3d 840, 844-45 (9th Cir. 2001). Before making the step four determination, the ALJ first must determine the claimant's residual functional capacity ("RFC").*fn1 20 C.F.R. § 416.920(e). The RFC must consider all of the claimant's impairments, including those that are not severe. 20 C.F.R. §§ 416.920(e), 416.945(a)(2); Social Security Ruling ("SSR") 96-8p. If the claimant cannot perform his or her past relevant work or has no past relevant work, the ALJ proceeds to the fifth step and must determine whether the impairment prevents the claimant from performing any other substantial gainful activity. Moore v. Apfel, 216 F.3d 864, 869 (9th Cir. 2000).
The claimant bears the burden of proving steps one through four, consistent with the general rule that at all times the burden is on the claimant to establish his or her entitlement to benefits. Parra, 481 F.3d at 746. Once this prima facie case is established by the claimant, the burden shifts to the Commissioner to show that the claimant may perform other gainful activity. Lounsburry v. Barnhart, 468 F.3d 1111, 1114 (9th Cir. 2006). To support a finding that a claimant is not disabled at step five, the Commissioner must provide evidence demonstrating that other work exists in significant numbers in the national economy that the claimant can do, given his or her RFC, age, education, and work experience. 20 C.F.R. § 416.912(g). If the Commissioner cannot meet this burden, then the claimant is disabled and entitled to benefits. Id.
In this case, the ALJ determined at step one of the sequential process that Plaintiff has not engaged in substantial gainful activity since October 12, 2007, the alleged onset date. (AR 12.)
At step two, the ALJ determined that Plaintiff has the following combination of medically determinable severe impairments: lupus, Sjogren's Syndrome, degenerative disc disease, migraines, mild anemia, asthma, and gastritis. (AR 12. At step three, the ALJ determined that Plaintiff does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments. (AR 17.)
The ALJ then found that the Plaintiff had the RFC to perform a reduced level of functioning at the light work level as defined in 20 C.F.R. § 404.1567(b) with additional restriction to occasional posturals; she can sustain frequent crouching and crawling; and she must avoid concentrated exposure to irritants and pollutants. (AR 19.) The ALJ made no express credibility finding.
At step four, the ALJ found that Plaintiff is able to perform past relevant work as a pre-school teacher, not as actually performed, but as this job is performed in the national economy. (AR 23.) The ALJ found that this work does not require the performance of work-related activities precluded by Plaintiff's RFC. (AR 23.) The ALJ also found that there are other jobs in the national economy that would accommodate all limitations, including information clerk, routing clerk, sales attendant, telephone information clerk, charge account clerk, and addressing clerk. (AR 23.)
Consequently, the ALJ concluded that Claimant is not disabled within the meaning of the Social Security Act. (AR 25.)
The ALJ decision must be reversed. The ALJ improperly discounted Plaintiff's credibility. The ALJ's RFC therefore is unsupported by substantial evidence. The ALJ's non-disability decision is not supported by substantial evidence or free of legal error.
I. THE ALJ DID NOT ERR IN ADMITTING AND CONSIDERING THE MEDICAL EXPERT'S TESTIMONY Plaintiff contends that the ALJ failed to qualify Dr. Minh Vu as a medical expert or respond to Plaintiff's post-hearing objections to Dr. Vu's testimony. Plaintiff contends that Dr. Vu, as an internist, lacked the qualifications and expertise to render opinions on Plaintiff's rheumatologic and orthopedic impairments. Dr. Vu assessed Plaintiff with an RFC for light work, with limitations, that was accepted by the ALJ. (AR 22-23.)
Plaintiff's contention lacks merit. The ALJ did address Plaintiff's objections to Dr. Vu's testimony in the decision:
The Medical Expert meets all criteria to testify as to the physical capability of the claimant. It is not necessary or required that the Medical Expert be a Board-Certified specialist in every impairment area in order to render a complete assessment which is appropriately based on the medical documentation in the claimant's exhibit file. (AR 23.) Plaintiff alleges physical impairments that Dr. Vu certainly is qualified to assess and Plaintiff does not contend otherwise. Dr. Vu testified to considerable experience with lupus and limited experience with Sjogren's syndrome. (AR 77-78.) Plaintiff's position would require the ALJ to call a separate specialist in every impairment area. Plaintiff cites no authority for such a requirement. Plaintiff's objection goes to weight, not admissibility. 20 C.F.R. § 404.1527(d)(5).
Thus, there was no error and, even so, any error would be inconsequential to the outcome and therefore harmless. Carmickle v. Comm'r of the Soc. Sec. Adm., 533 F.3d 1155, 1162-63 (9th Cir. 2008) (error harmless if inconsequential to the outcome of the non-disability determination). Here, consulting examiner Dr. Popov also found that Plaintiff could perform light work with limitations. (AR 22.) State agency reviewer Dr. Quint gave a similar RFC. (AR. 22, 299-300.) There was no conflicting medical evidence. The ALJ relied on all the above evidence in arriving at Plaintiff's RFC. The ALJ plainly would have reached the same decision, supported by substantial evidence, even without Dr. Vu's testimony.
The ALJ did not improperly admit or consider Dr. Vu's testimony and any error in doing so was harmless.*fn2
Plaintiff contends that the ALJ improperly discounted her subjective symptom testimony that she suffers from disabling fatigue due to her lupus and Sjogren's syndrome impairments. The Court agrees.
Plaintiff's contention has implications for the ALJ's RFC assessment. An RFC is not a medical determination but an administrative finding or legal decision reserved to the Commissioner based on consideration of all the evidence, including the medical evidence, lay witness and subjective symptoms. See 96-5p; 20 C.F.R. § 1527(e). In determining a claimant's RFC, an ALJ must consider all the relevant evidence in the record, including medical records, lay evidence, and the effects of symptoms, including pain reasonably attributed to the medical condition. Robbins, 466 F.3d at 888.
A. The ALJ Improperly Discounted Plaintiff's Credibility
1. Relevant Federal Law The test for deciding whether to accept a claimant's subjective symptom testimony turns on whether the claimant produces medical evidence of an impairment that reasonably could be expected to produce the pain or other symptoms alleged. Bunnell v. Sullivan, 947 F.2d 341, 346 (9th Cir. 1991); see also Reddick v. Chater, 157 F.3d 715, 722 (9th Cir. 1998); Smolen v. Chater, 80 F.3d at 1281-82 esp. n.2. The Commissioner may not discredit a claimant's testimony on the severity of symptoms merely because they are unsupported by objective medical evidence. Reddick, 157 F.3d at 722; Bunnell, 947 F.2d at 343, 345. If the ALJ finds the claimant's pain testimony not credible, the ALJ "must specifically make findings which support this conclusion." Bunnell, 947 F.2d at 345. The ALJ must set forth "findings sufficiently specific to permit the court to conclude that the ALJ did not arbitrarily discredit claimant's testimony." Thomas v. Barnhart, 278 F.3d 949, 958 (9th Cir. 2002); see also Rollins v. Massanari, 261 F.3d 853, 856-57 (9th Cir. 2001); Bunnell, 947 F.2d at 345-46. Unless there is evidence of malingering, the ALJ can reject the claimant's testimony about the severity of a claimant's symptoms only by offering "specific, clear and convincing reasons for doing so." Smolen, 80 F.3d at 1283-84; see also Reddick, 157 F.3d at 722. The ALJ must identify what testimony is not credible and what evidence discredits the testimony. Reddick, 157 F.3d at 722; Smolen, 80 F.3d at 1284.
2. Analysis Plaintiff makes a very focused attack on the ALJ's failure to credit her subjective symptom testimony that she suffers from disabling fatigue due to her severe impairments of lupus and Sjogren's syndrome. The ALJ decision does not address this attack adequately or offer clear and convincing reasons for discounting Plaintiff's credibility.
The ALJ begins her RFC discussion by setting forth the standards for assessing credibility. Inexplicably, however, the ALJ decision does not expressly address Plaintiff's credibility, at least not in the typical fashion. The ALJ does not expressly state that Plaintiff's severe impairments of lupus and Sjogren's disease reasonably could be expected to cause her alleged fatigue symptoms. Nor is there any express finding that Plaintiff's symptoms are not credible to the extent inconsistent with the ALJ's RFC. The ALJ's failure to provide a specific statement of reasons for discounting Plaintiff's credibility is reflected in the Commissioner's citation in the Joint Stipulation to the entire RFC section in the ALJ decision. (JS 15-16 referring to AR 19-23.)
There is objective medical evidence that Plaintiff's severe impairments of lupus and Sjogren's syndrome reasonably could be expected to cause her alleged severe and chronic fatigue symptoms. Dr. Vu acknowledged that Claimant has lupus and Sjogren's syndrome (AR 71), Claimant's complaints of severe fatigue are documented in medical records (AR 74), and lupus and Sjogren's syndrome are "likely to cause severe fatigue." (AR 74-75.) The ALJ does not appear to disagree as she acknowledged in her third step general description of Sjogren's syndrome as "an immunomediated disorder of the endocrine glands . . . severe fatigue and malaise are frequently reported." (AR 19.) Dr. Vu, moreover, did not doubt Plaintiff's credibility as to her severe fatigue (AR 75), and the ALJ did not make any finding of malingering. Thus, the ALJ was required to provide clear and convincing reasons supported by substantial evidence for discounting Plaintiff's credibility. The ALJ failed to do so.
The ALJ clearly found that the objective medical evidence did not support Plaintiff's alleged disabling severe fatigue symptoms. Dr. Vu testified that fatigue would bring Plaintiff's RFC assessment down to light work but he did not see objective medical evidence for a more restrictive assessment. (AR 22-23, 74-76.) Dr. Popov and Dr. Quint concurred in Dr. Vu's light work RFC with limitations. There was no contrary medical evidence. An ALJ may consider a lack of objective medical evidence to corroborate a claimant's subjective symptoms so long as it is not the only reason for discounting a claimant's credibility. Burch v. Barnhart, 400 F.3d 676, 680-81 (9th Cir. 2005); Thomas, 278 F.3d at 949. Here, the ALJ's lack of objective medical evidence rationale, although not sufficient by itself to reject Plaintiff's subjective symptom testimony, is supported by substantial evidence.
The deciding issue, then, is whether the ALJ offered additional clear and convincing reasons for discounting Plaintiff's fatigue testimony. The ALJ asserts inconsistent statements about her daily activities, first noting Plaintiff stated on August 20, 2008, she could walk her son to school daily (AR 21) and then stating in November 2008 that after taking her son to school she had to spend the rest of the day in bed. (AR 21, 196.) Inconsistencies in daily activities is a valid credibility consideration. Thomas, 278 F.3d at 958-59.
The ALJ's inconsistent statement rationale, however, does not rise to the level of a clear and convincing reason. The ALJ's statement that "there is no medical evidence to explain such a change in the claimant's daily functioning" (AR 21) goes back to the ALJ's objective medical evidence rationale and is not a separate reason for discrediting Plaintiff's credibility. Plaintiff, moreover, testified that she has good days and bad days. (AR 64, 67.) The ALJ acknowledges this testimony (AR 21), but fails to address it when considering Plaintiff's credibility. The fact that Plaintiff carried on some daily activities effectively does not necessarily diminish her credibility as she does not have to be totally incapacitated. Vertigan v. Halter, 260 F.3d 1044, 1050 (9th Cir. 2001); Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989); Smolen, 80 F.3d at 1280. Plaintiff, moreover, contends that lupus and Sjogren's syndrome reasonably could explain any changes in her daily functioning. There is some evidence to support the ALJ's finding but the rationale and the evidence supporting it do not meet the clear and convincing standard.
Plaintiff also testified she missed work three or four times a month when she was working. (AR 65.) The ALJ acknowledged that Plaintiff was not working because of fatigue (AR 21), but never addresses this rather important fact in assessing Plaintiff's credibility. Essentially, the ALJ discounted Plaintiff's subjective symptom testimony to the extent inconsistent with the objective medical evidence on which the RFC is based without anything else that would constitute a clear and convincing reason.
The ALJ next advances an argument that Plaintiff was able to work despite pre-onset back pain, asthma and migraine impairments. This finding about Plaintiff's musculosketal and other physical impairments is not challenged by Plaintiff, but is not relevant to the specific issue of fatigue resulting from Plaintiff's auto-immune diseases of lupus and Sjogren's syndrome. Putz v. Astrue, 371 Fed. Appx. 801, 802 (9th Cir. 2010) (rejecting statement about feeling well because it related to her heart condition rather than the chronic fatigue at issue in the case); Samaniego v. Astrue, 2012 WL 254030, at *4 (C.D. Cal. Jan. 27, 2012) (discounting of subjective complaints related to memory and speech limitations is not a clear and convincing reason by itself for discounting claimant's unrelated complaints of pain from degenerative disc disease and fibromyalgia).
The Court also is concerned that Plaintiff has multiple severe and non-severe impairments, yet there is no indication that the ALJ or ME considered the combined effects of those impairments in determining Plaintiff's RFC. An ALJ must consider a claimant's illnesses in combination and "not be fragmentized in evaluating the effects." Beecher v. Heckler, 756 F.2d 693, 694-95 (9th Cir. 1985). An ALJ must consider the combined effect of all of a claimant's impairments in his or her ability to function "without regard to whether each alone was sufficiently severe." Smolen, 80 F.3d at 1290. The ALJ decision addresses each impairment in isolation from the rest, without any consideration of the effect of Plaintiff's combined severe and non-severe impairments on her ability to function in the workplace.
The ALJ improperly discounted Plaintiff's credibility. The ALJ failed to present clear and convincing reasons supported by substantial evidence for discounting Plaintiff's credibility concerning her fatigue. As a result, the ALJ's RFC is not supported by substantial evidence. The ALJ's non-disability determination is not supported by substantial evidence nor free of legal error.
IT IS HEREBY ORDERED that the decision of the Commissioner of Social Security is REVERSED and REMANDED for further proceedings in accordance with law and with this Memorandum Opinion and Order.
John E. McDermott
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
|Page (1) of 1 - 06/11/12
|email article
|print page
Juniper Networks Enables Mid-Sized Data Centers to Scale as Demands on the Network IncreaseNew QFX3000-M QFabric System and EX8200 Enhancements Deliver Simplified Management, Improved Performance and Seamless Scale (June 11, 2012)
SUNNYVALE, CA -- (Marketwire) -- 06/12/12 -- Juniper Networks (NYSE: JNPR), the industry leader in network innovation, today announced the immediate availability of the Juniper Networks® QFX3000-M(1) QFabric System, a new model that extends the full benefits of Juniper's first QFabric System, the QFX3000-G, to mid-sized data centers. The new QFX3000-M occupies up to 63 percent less space, uses up to 74 percent fewer cables and consumes up to 57 percent less power than competitive solutions. Also today, Juniper has added enhancements to its EX8200 switches running Virtual Chassis technology, enabling customers for the first time to manage up to four data center cores as a single switch.
These new additions to the Juniper Networks portfolio simplify data center management and improve business agility for enterprises while eliminating the complexity inherent in multi-layered legacy networks. The QFX3000-M is designed for mid-tier data centers, satellite data centers and new 10GbE data center pods as well as space-constrained environments, delivering improvements in scale, simplicity and performance -- the key network attributes needed to meet rising storage convergence, big data and virtualization demands.
Release Highlights
- Seamless Investment Protection and Scale: Core to the QFX3000-M, Juniper is introducing a new fixed form-factor interconnect, the Juniper Networks QFX3600-I, which allows customers to incrementally scale, from 48 10GbE ports and up to 6,144 10GbE ports using the QFX3000-G QFabric System.
- Blazing Fast Speed: With stellar performance the new QFX3000-M enables blazingly fast server-to-server traffic speed with only three microseconds of latency.
- Seamless Integration: Also announced today is the QFX3600 node, which like the previously announced QFX3500, provides entry into both QFabric Systems. The QFX3600 is scheduled for release as a 40GbE top-of-rack switch in 2H 2012.
- Flexibility and Seamless Transition: New features on the EX8200, Juniper's data center solution for mixed 1GbE and 10GbE environments, include the industry's only inter-site data center connectivity allowing network managers to manage up to four data centers, separated by up to 80 km, as a single location.
Supporting Quotes
"The University is often in the position of being a trailblazer in adopting new technology and this is certainly the case with Juniper Networks' QFabric technology. Last year we started following their 3-2-1 data center network simplification strategy by deploying a new two-layer network that's actually been working really well. Having evaluated the QFabric System, we found its operational and low-latency performance advantages, which are particularly important to high-performance computing, to be so compelling we decided to adopt it as our standard infrastructure across both data centers. That frees up our investment in Juniper Network EX Series switches, which cuts the cost of giving the campus network a much needed upgrade."
-James Harper, associate director, Operations, University of Auckland
"Jan Yperman Hospital has a reputation for excellent patient care and research, so we really value innovative technology that can enable new working methods, clinical practices and patient services. Juniper's QFabric is an ideal solution for our data center because it delivers radical capabilities, outstanding performance and also provides a future-proof path for scalability and cost control. Of course, reliability, simplicity and stability are also key requirements for a hospital's network, all of which QFabric delivers. We were particularly impressed by its low latency."
-Francky Deleu, ICT manager, Jan Yperman Hospital
"We are seeing an increased interest from data center architects to 'right-size' their data center network. While a segment of the market requires massive scale, for most enterprises, dense, virtualized computing platforms are driving a requirement for smaller, higher performance form factors within the data network architecture."
-Mark Fabbi, vice president, distinguished analyst, Gartner
"Juniper's new QFX3000-M serves QFabric in a smaller package that is more attractive to mid-sized data centers and will be a more enticing step for new users."
-Eric Hanselman, research director, Networks, 451 Research
"As customers transition to 10GbE and 40GbE networks they are ready to simplify network management and Juniper's fabric solution accomplishes that goal. There is an absolute need in the marketplace and customers have been hungry for a solution that provides guaranteed performance, scalability and greater efficiencies for their network."
-George Miller, vice president sales, TorreyPoint
"Buildings built to last are constructed on the most solid foundations with the best materials. Data centers are no different. Today Juniper is giving mid-size enterprise CXOs the foundation and building blocks to enable management simplicity, the ability to scale without adding complexity and high application performance in their data centers."
-R.K. Anand, executive vice president and general manager, Data Center Business Unit, Juniper Networks
Additional Resources:
- The Network Ahead Blog
- Juniper.Net Community
- Follow Juniper @JuniperNetworks on Twitter
- Juniper on Facebook
About Juniper Networks
Juniper Networks is in the business of network innovation. From devices to data centers, from consumers to cloud providers, Juniper Networks delivers the software, silicon and systems that transform the experience and economics of networking. Additional information can be found at Juniper Networks (www.juniper.net) or connect with Juniper on Facebook.
Juniper Networks is a registered trademark of Juniper Networks, Inc. in the United States and other countries. The Juniper Networks logo and QFabric are trademarks of Juniper Networks, Inc. All other trademarks, service marks, registered trademarks, or registered service marks are the property of their respective owners.
(1) Each QFX3000-M QFabric System is composed of QFabric Nodes, which provide entry into the fabric; QFabric Interconnects, which connect the Node devices in a flat, any to any architecture; and QFabric Directors, which provide management and control services, enabling the entire system to be managed as a single switch.
Add to Digg Bookmark with del.icio.us Add to Newsvine
Media Relations:
Nadia Walker
Juniper Networks
(408) 936-7358
Investor Relations:
Kathleen Nemeth
Juniper Networks
(408) 936-5397
Copyright @ Marketwire
Page: 1
Related Keywords: Juniper Networks, security, Junos, networking, data center, Sales, Sales & Marketing, Storage, Security, Networking, Business Issues, Services, Software, Misc, Networks, Security, Connectivity, Management, Sales, Sales, USA, Marketwire, Inc., Healthcare, Computer Science, Business, Other,


text:
Governor of Dalhousie University, 1842-1848; Governor of Kings College, Windsor, 1854-1868 and 1869-1871.
1787 - 1835
Daughter of "free Mulatto" lodging-house-keeper Jane Charlotte Beckford (c. 1759-1825); possibly the daughter of George Ffrench, Clerk to the Jamaica Assembly. Spinster; independently wealthy slave-owner.
Visit the people of interest section
This project has benefited from many contributions sent in by users and we very much welcome further contributions and corrections.
Contribution details
© Copyright Legacies of British Slave-ownership - UCL Department of History 2016


text:
Miami, Florida 33131
Amazing 1bed / 1 bath Apartment. Sophisticated urban living on the best location on Brickell that is the center of everything. Walking distance from metro mover, Downtown and much more. Minutes from Miami Beach, Airport and easy access to main highways. Huge Balcony , Pool and City View. Amazing big kitchen, stainless steel appliances and granite counter tops. Washer and dryer inside the unit and much more (Full amenities, 2 level lobby, two pools, sauna, much more ..
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
+1 214 520 7969
5300 East Mockingbird Lane Dallas 75206 USA
Facilities The hotel offers travellers a total of 198 rooms. Services and facilities at the hotel include a restaurant, a bar, room service, a hairdresser, a conference room and a business centre. Wireless internet access is available to guests in the public areas. Those arriving in their own vehicles can leave them in the car park of the establishment. In addition, a shuttle service is offered. Rooms Each of the rooms is appointed with air conditioning and a bathroom. A double bed ensures a good night's sleep. A safe and a minibar are also available. Additional features include a mini fridge and a tea/coffee station. Other features include internet access, a TV and WiFi. The accommodation units include a bathroom with a bathtub. A hairdryer can also be found in each of the bathrooms. The accommodation offers family rooms and non-smoking rooms. Sports/Entertainment A pool and an outdoor pool are available to travellers. The hot tub is the perfect place to relax. The poolside bar serves a selection of refreshing drinks. A range of options are available, including a gym, a spa, a sauna and massage treatments. Meals Breakfast can be booked.


text:
£375,000 Guide Price
4 Bedrooms Detached House for sale
A well presented detached and recently modernised three/four bedroom house in the heart of this popular residential area on the fringe of salisbury. the accommodation comprises entrance…
3 Bedrooms Detached House for sale
Salisbury, Wiltshire, United Kingdom
The property is on the outskirts of salisbury with views over nearby countryside, but within walking distance of the city centre. after entering the property into the main hallway…
£300,000 Guide Price
3 Bedrooms Detached Bungalow for sale
Ready for occupation** generous size detached bungalow** three bedrooms** large living room** enclosed rear garden** integral garage** no forward chain**
£215,000 Guide Price
2 Bedrooms Semi Detached House for sale
A semi detached house built in 2008 and benefiting from the remainder of the 10 year nhbc guarantee. this well presented two double bedroom property includes a generous size living…
Free Instant Valuation
Find out if you are charging enough rent or what your property would be worth if you were to sell now


text:
Top Linksmain detailsbiographyby votesphoto galleryquotes
Filmographiesby yearby typeby ratingsby votesby TV seriesby genreby keyword
Did You Know?photo galleryquotes
John Worthington (Character)
from What Becomes of the Children? (1936)
|Photos (See all 6 | slideshow)
FilmographyEdit Credits
- What Becomes of the Children? (1936) Played by Robert Frazer
Additional Details
You may correct errors and omissions on this page directly. Clicking the 'Update' button will take you through a step-by-step process.


text:
141 Pine St, Attleboro, MA 02703Request info Add to list
To view building contacts please sign in with your Pro account or create a pro account.
Ann F.
Company: requires Pro account
Email: requires Pro account
Phone: requires Pro account
- Available Spaces
|Space Type
|Retail Space
|For sale: Contact for Pricing
Building Details:
141 Pine St is aretail property for lease in Attleboro, MA. The property currently has 1 retail space for lease and is marketed by Coldwell Banker Commercial.
Mixed use Bldg with 2 Residential Apartments and Auto Service with 8 Bays, including car Lifts, ample parking, other uses, retail & Auto sales. also Waste Oil Burner.
My List
Please describe your commercial real estate requirements. We'll introduce you to local properties that match your criteria.


text:
ERIC Number: ED337197
Record Type: RIE
Publication Date: 1989
Pages: 6
Abstractor: N/A
Reference Count: N/A
The Challenge of the Information Age. White House Conference on Library and Information Services.
White House Conference on Library and Information Services.
The major challenge presented by the Information Age is equitable access to information. This challenge results from the sheer amount of information that is being produced and the rapid advances in technology for storing, organizing, and accessing this growing mass of information. One effect of these developments is an increasingly fragmented information base, large components of which are available only to people with money and/or acceptable institutional affiliations. This paper begins by discussing the importance of information literacy to individuals, businesses, and citizenship. Opportunities to develop information literacy are then described, with emphasis on the role that libraries can play in this endeavor. The paper concludes with the statement that knowledge is this country's most precious commodity, and that information literate people are America's most valuable resource. (MAB)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: White House Conference on Library and Information Services.
Identifiers: White House Conference Library Info Services
Note: Excerpts from a 1989 report of the American Library Association Presidential Committee on Information Literacy. Presented at the Maryland Governor's Conference on Libraries and Information Services and included in materials for delegates to the White House Conference on Libraries and Information Services (2nd, Washington, DC, July 9-13, 1991). For additional conference-related materials, see IR 053 790-804.


text:
for appointment of NDDC
Group commends Buhari for appointment of NDDC director
The Orashi Consultative Forum, a socio-cultural organisation, has commended President Muhammadu Buhari for appointing Mr Derick Mene as an executive director at the Niger Delta Development Commission.
A statement from its Coordinator, Dr Abraham Kitoye, and Secretary, Mr Amirize Eze, in Port Harcourt on Thursday said Mene's appointment as executive director of finance and administration complied with the law setting up the commission and the constitution.
"We urge him to deploy expertise and work toward the development of Rivers in particular and […]


text: Home Gallery Video Puma 50 Foot Woman Puma: 50 Foot Woman In this European clip for comeback brand Puma, Italian footballer Gianluigi Buffon is called in to tame a monstrous model. Published on Oct 11, 2002 Editor's Pick In this European clip for comeback brand Puma, Italian footballer Gianluigi Buffon is called in to tame a monstrous model. Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateOct 11, 2002Agency:Gyro Worldwide PhiladelphiaExecutive Producer:Chuck RyantExecutive Producer:TK KnowlesProducer:Lisa ShawArt Director:Brian BartoExecutive Creative Director:Steven GrasseDirector of Photography:Patrick LoungwayDirector:Mark KohrAgency Producer:Kristi ToppProduction Company:Bob IndustriesExecutive Producer:John O'GradyClient:Puma Latest Creativity News on Ad Age Entries Open for the Ad Age A-List and Creativity Awards Ice-T and Lemonade Star in Geico's Latest Spot 1stAveMachine, Click 3X, Humble Add Director Duos Advertisement Ad Age Events Nov 02 Los Angeles, CA SummitAd Age Brand Summit The Ad Age Brand Summit in Los Angeles peels apart the layers of brand building with a carefully crafted roster of top marketing, technology, and creative leaders. Learn more Related work Puma: BeatBot JWT New York Puma: Puma Ignite JWT New York Puma: Crosswalk Want to see your work in our gallery? Submit now


text:
- Home »
- Catalog »
- Z* Hidden Categories »
- z*Pace Super Stores »
- Eastwood »
- Rust Treatment and Prevention
Pace Performance - Rust Treatment and Prevention
Once rust starts, it must be properly treated or it will ruin your classic. Eastwood has the products you need to stop rust, treat existing rust, remove rust, and prevent rust. From mechanical rust removers such as abrasive blasters and stripping discs, to chemical rust removers such as Rust Dissolver and Fast Etch, Eastwood has what you need to stop rust. For areas that are not easily accessible, Eastwood Rust Converter, Rust Encapsulator, and Heavy-Duty Anti-Rust are what you need to preserve your classic!
This category is empty.