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We found 4 providers with an interest in sexual health issues and who accept Aetna Bronze $15 Copay Memorial Hermann near Kingwood, TX.
Dr. John Giannakis practices urology (urinary tract disease). His patients gave him an average rating of 3.0 out of 5 stars. He is affiliated with Memorial Hermann The Woodlands Hospital. Dr. Giannakis honors Aetna EPO, Blue Cross/Blue Shield, Aetna Medicare, and more. Dr. Giannakis is a graduate of the University of Texas Medical School at Houston and Oregon Health & Science University School of Medicine. His training includes a residency program at a hospital affiliated with the University of Tennessee.
Relevant Interests: , infertility, vasectomy
All Interests: Men's Health Issues, Incontinence, Kidney Stones, Laser Surgery, Infertility, Vasectomy, Vasectomy ... (Read more)
Dr. Clyde Corey sees patients in Tomball, TX, Kingwood, TX, and The Woodlands, TX. His medical specialty is urology (urinary tract disease). Dr. Corey attended medical school at the University of Texas Southwestern Medical School. His medical residency was performed at a hospital affiliated with the University of Texas Health Science Center at Houston. Patients rated him highly, giving him an average of 4.5 stars out of 5. He is in-network for several insurance carriers, including Blue Cross Blue Shield Bronze, Blue Cross Blue Shield Gold, and United Healthcare Choice. He has received professional recognition including the following: Texas Super Doctors. Dr. Corey's professional affiliations include Tomball Regional Medical Center and Memorial Hermann The Woodlands Hospital.
Relevant Interests: , male infertility, erectile dysfunction (impotence)
All Interests: Incontinence, Erectile Dysfunction, Kidney Stones, Male Infertility, Lithotripsy, Radical ... (Read more)
Dr. Peter Cousins specializes in family therapy and child psychology. Dr. Cousins's average rating from his patients is 4.0 stars out of 5. His clinical interests include behavioral medicine, crisis intervention, and depression. He is in-network for Aetna EPO, Blue Cross/Blue Shield, Blue Cross Blue Shield Bronze, and more. Dr. Cousins's practice is open to new patients.
Relevant Interests: , sexual dysfunction, sexuality, gender identity, infertility, sexual orientation issues
All Interests: Crisis Intervention, Behavioral Medicine, Depression, Phobias, Sports Health, Diagnostic ... (Read more)
Dr. Essam Girgawy's specialty is adult infectious disease. He studied medicine at Cairo University, Kasr Al-Ainy Faculty of Medicine. He is an in-network provider for Aetna EPO, Blue Cross/Blue Shield, and Aetna Medicare, as well as other insurance carriers. Dr. Girgawy is professionally affiliated with Memorial Hermann Northeast Hospital.
Relevant Interests: , HIV/AIDS
All Interests: Skin Infection, Soft Tissue Problems, HIV/AIDS, Travel Medicine


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The internet has revolutionized the way we connect - and the way we do business. Sean Mize has been running a successful business online for the past decade and established InfoBusiness University to share proven strategies for building a profitable information marketing business.
Marketing today needs to be customer-focused and relationship-driven. InfoBusiness University classes help you keep your focus on your customer, building trust and engagement - and making a difference in the lives of your followers and customers.
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subset: commoncrawl


text:
Add a tropical splash to your warm-weather wardrobe with the Spring Step Medellin sandal, from the L'Artiste Collection. Sitting atop a stacked, slanted heel, this women's ultra-feminine H-strap slide sandal has a colorfully painted leather upper featuring scrollwork, flower cutouts and faceted gems for rich sparkle. A cushioned footbed enhances comfort, while a rubber sole lends sure traction.
- Approx. ¾'' platform height
- Approx. 2¾'' heel height
- Cushioned footbed
- Floral details with faceted stone centers
- Painted leather upper
- Rubber sole
- Stacked heel
- Stitching accents
- Synthetic lining
Delivery and Returns
Estimated delivery date: 3 (based on standard shipping).
We offer free shipping on orders over $99, and free returns and exchanges for up to 30 days.


text:
Candy HeartsView in iTunes
To preview a song, mouse over the title and click Play. Open iTunes to buy and download music.
New Jersey-based Candy Hearts make melodic, '90s punk-pop-inspired rock music. A trio centered around singer/songwriter Mariel Loveland, Candy Hearts got started in 2009 while Loveland was attending college in Upstate New York. The following year, the group released its self-produced debut, Ripped Up Jeans & Silly Dreams. The band's sophomore album, Everything's Amazing and Nobody's Happy, appeared on Kind of Like Records in 2011. Around this time, Loveland caught the ear of New Found Glory guitarist Chad Gilbert, who signed her to his Violently Happy Records, an imprint of the Boston indie label Bridge Nine. In 2014, Candy Hearts returned with the Gilbert-produced full-length All the Ways You Let Me Down. ~ Matt Collar
Top Albums
Top Songs
2009 in Newark, NJ
Years Active:


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Road Transport
Used this activities over the course of 2 days. 1 day the students sorted and colored and the 2nd day had them find how they are alike/different. Worked great for my k-1 sped kids!
Road safety activities - Google Search
Free printable Road Letters. Use your child's love of cards to encourage him or her to learn the letters of the alphabet! This is a great tool for helping kids practice writing letters with the correct stroke order. || Gift of Curiosity
transportation unit- road maps--beginning maps for Pre-K and K
Road transport Infographic on Behance
Printable Road Numbers activity to learn numbers. This is an AWESOME idea for kids who love cars! Kids can drive their cars on the number roads to learn their numbers! || Gift of Curiosity
Dit is wel een hele mooie manier om jongens te enthousiasmeren voor de cijfers! Rijden met een auto over een cijferbaan!
Free Printable Road for creating towns great Geography resource K-3!I created these little printable roads to use in our Geography lessons. Print, laminate and cut the roads (I have included black and white as well as the reverse so you can use which ever options suits your ink requirements).
ESL/EFL Preschool Teachers: Transportation Theme
Printable Roads - road, transport, classroom display, role play


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Flapper fans won't want to miss this event Sunday afternoon: the American Cinematheque is hosting a lecture by Joan Renner, "an expert on vintage cosmetics ephemera," on the social and culture history of bobbed hair, paired with a screening of the silent film classic It.
Inspired by the writer Elinor Glyn's attempt to create a popular code word for the concept of sex appeal (and shot partially by the great Josef Von Sternberg), It told the risque-for-its-day story of a low-class shopgirl (Clara Bow) who seduces the wealthy scion of the department store where she works. Bow, herself from humble beginnings, became known as "the It girl," which was both a blessing and a curse -- though she enjoyed a few good years as a top star towards the end of the silent era, Bow was also haunted by rumors of her unusually insatiable sexual appetite (most famously, in Hollywood Babylon Kenneth Anger printed the myth that Bow had an orgy with the whole of the USC football team). Bow, and It, became the ultimate symbols of the late 20s as an era of proto-lipstick feminism and sexual standards in flux. "She was the most modern star of the 20s," said fellow silent starlet Louise Brooks in a documentary about Bow. "She WAS the 20s!"
Here's more info about Sunday's event. An excerpt from Bow documentary quoted above, narrated by James Mason (!), is embedded below.
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About Arooji's Wine Room - Ballantyne
Casual Italian dining in an elegant atmosphere, reservations not required, however recommended for large groups. Please contact us to confirm reservations made after 5:00pm to confirm availability.
Dining Style:
Casual Elegant
Italian, Mediterranean
Hours of Operation:
Lunch: Monday - Saturday: 11:00am - 3:00pm; Sunday 11:30am - 3:00pm Dinner: Sunday - Thursday: 3:00pm - 9:00pm, Friday - Saturday: 3:00pm - 10:00pm
Dress Code:
Casual Dress
Price Range:
$30 and under
Payment Options
AMEX, Discover, MasterCard, Visa
Phone Number:
(704) 845-5244
Friday and Saturday nights we have our musician Jeff Rearick performing live starting at 7pm.
For any occasion we can accommodate your catering needs. Please call the restaurant line at 704-845-5244 with any requests.
Parking Details:
Onsite Parking
Executive Chef:
Steve Arooji
Banquet, Bar Dining, Bar/Lounge, Beer, Counter Seating, Dancing, Full Bar, Late Night, Non-Smoking, Outdoor dining, Private Room, Takeout, Wheelchair Access, Wine
Arooji's Wine Room - Ballantyne Ratings and Reviews
Nice ambiance, decent food and awful ser ...
Nice ambiance, decent food and awful service. With only two table occupied, we waited over 5 minutes to be seated. We had to wait for bread to "come out of the oven". It came after the meal was served and was not warm.
My husband and I always have had a great ...
My husband and I always have had a great , tasty meal. Very consistently good. The sauce is genuinely italian, the way my grandmother use to make it, so delicious and authentic. The eggplant parmigiana is to die for. Yummy!!
Always enjoy the music on the weekends.
Nicely designed interior allowing for so ...
Nicely designed interior allowing for some degree of privacy. While the main course was quite good, the soup was less than anticipated and the wait was extremely long. Our waitress was friendly enough but avoided us during the long wait for our main course to the point of our having to stop someone to refill our water glasses. Not sure what all the hype is about.
Loved the food but our Groupon was not u ...
Loved the food but our Groupon was not used properly so we didn't get $30 credit. Didn't want to make a fuss since we were picking up tab for friends also. Hesitate to go back even though we have another groupon to use.
With our out-of-town guest we decided to ...
With our out-of-town guest we decided to dine at a neighborhood restaurant, on a Saturday night. We chose Arooji's Wine Room based upon it's menu. Upon our arrival we were greeted warmly. Service however, got off to a slow start but did improve after we addressed it. We were all very pleased with our meals and the live music was most enjoyable! We ended the evening feeling satisfied and would certainly recommend this restaurant to others.
It too 4 days for my points to appear be ...
It too 4 days for my points to appear before on open table.
My credit card was not properly processed and as of now, my bank statement does not show my Groupon discount reflected. There is a duplicate charge of $30.00 more than the actual bill. If this is not corrected, I will put a hold on their chargeback. Not a good scenario for Arooji's.
Unhappy waiter
This was our first dinning experience at Arooji's. We were seated by our waiter without even speaking or making eye contact. Very uncomfortable start to a special night. This was the way it went through out dinner. I had to get up and ask for extra bread because he never came back to check on us and even used my cell to call the restaurant we were ready for the bill and a to go box. The food was good but if you go, beware of the man with no smile or expression.
Not Bad Nor Great
Received a gift card for here otherwise I probably wouldn't have gone. Nonetheless the experience was alright albeit for the crab and spinach dip appetizer which in my wife's and my opinion was a little to fishy for our liking thus we sent it back unfortunately the waiter did not remove it from the check until I questioned it inclusion. Overall the entries were done nicely. My wife had the lobster ravioli and I had the clams and mussel special which was very good. While not my favorite italIan place in South Charlotte, I would dine here again.
Trattoria Dining
Imagine a really good trattoria in Italy and then you'll understand why Arooji's is so busy.
The food,though not large portions, is excellent.
Jonathan,our server, was very good but because they were so busy the food came out hot but took longer than expected. The salad came out right before the dinner was served,which was disappointing. The dinner was hot and my eggplant marinara was delicious. My husband's chicken Parmesan was good.
Prices are on the high side,considering portions. If a customer wants to substitute pasta for a salad,even if there is a small up charge, it should be offered.
I suppose that with a discount coupon we'd return.
Perfect place for anyone.
The atmosphere is one that anyone can enjoy. I came with my mother after doing an internet search on places to take her. As I just relocated down here I'm not too familiar but I'm so glad to have found this place. Having lived in Ballantyne for my first two months here I WISH I'd have found it then, though I'm not too far now. I LOVED the live music. If you're a fan of 70s lite-rock (as I am) you will definitely enjoy. I had the Penne alla Vodka and it was just delicious. Best restaurant I've been to since moving down three months ago.
I will certainly be coming back soon.
So glad our friend recommended this place
This restaurant is great and so glad a friend recommended to us. From the outside it doesn't look like much but the inside of the restaurant is really nice, the food and service was great. Menu was good and so was the wine list - we plan to eat here often.
Great Italian fare!
Nice setting in a shopping center which was surprising to me. Very good food with a very nice wine selection. The wait staff were very attentive, and the decor was unique. There was entertainment which was a person who played guitar and sounded like James Taylor, and even better we could still have a nice dinner and talk since the music was not too loud. I highly recommend Aroojis.
Happy to have given it a "whirl"
Read a bevy of mixed reviews, but went all in on the eggplant parm.......cannot go wrong. Eclectic decorations, some cool, some a bit cheesy, but a great find in the Promenade. Would highly recommend based on our experience.
Never got a table
I can't rate this restaurant because when I booked a 7pm reservation with open table it didn't tell me that they had no availability that evening, instead automatically booking me at 7pm for the next evening. This should not happen. Could I have caught this, yes but I wasn't thing about the date I was making a reservation for the same evening.
Aroojis - Bad Attitude.
Made the reservation on line and arrived at the restaurant on time. Waited for 5 minutes before a waiter came by and said that they weren't using open table because the manager was off.
The restaurant was not crowded but clearly understaffed. We were told that we could wait for 50 minutes.
We left disappointed and vowed never to return to Aroojis.
Very enjoyable overall
The food was excellent. Four of us went and everyone liked their entree. Two people had the veal saltimbocca and both said it was excellent on top of being a huge portion! The eggplant parm was particularly good since it wasn't dipped in bread crumbs prior to baking. The last entree was the chicken marsala which was also a huge portion and excellent. We had calamari for an appetizer and it was fried perfectly - not greasy. It was served with an excellent white aioli sauce and marinara. We also had the antipasto plate which had an excellent choice of real Italian charcuterie. The only drawback for the night was the waiter. He was a little inexperienced and needs some additional training. Minor drawback - we'd all still go back again!
I brought 3 friends about a month ago, and they really loved it and wanted to go back. We were disappointed this time. It was good but the food was not nearly as good for the same dishes as before. I was very disappointed. The lobster ravioli is always fabulous and the sauce was thick and pasty. The other 2 dishes were not as well prepared as before. It also took a long time to be served. We thought maybe the chef was out. Hopefully this will be helpful. I will return once again because I have been going for years and it is always wonderful. I love the restaurant and its ambiance and wait staff.
It was okay.
This restaurant was notable for neither the food or the wine. First clue was the vintage wasn't listed on the wine list. So you had no idea if you were paying $90 for a good year or a mediocre year until the bottle arrived. Also, the wine was largely stored vertically, which led to dry corks. Naturally, the first bottle they tried to pour for us the waiter broke the cork.
The food was not bad (not outstanding), but about what you could make at home. In spite of telling me that the chef recommends medium rare for the rack of lamb, it was delivered nearly well done.
Prices were lower than better places, so maybe my expectations were just a little too high. However, this is not a restaurant that I plant to frequent.
Service was very slow. The waiter was pre-occupied with a large group and getting the check took nearly as long as the meal.
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{{avgRating}} out of {{ratingRange}}
Owner reviews
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Toyota Financial Services (UK) PLC. Registered Office: Great Burgh, Burgh Heath, Epsom, Surrey, KT18 5UZ. Registered in England with Number 02299961. Authorised and regulated by the Financial Conduct Authority.
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6 HOT Asians French-kissing each other!
youtube.com - 6 HOT Asians French-kissing each other!
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The number of major office projects under construction in London has fallen to the lowest level on record. The latest Crane Survey found speculative office development has plummeted 48% from its high point 18 months ago. Industry experts predicted an upcoming office-space shortage that could drive office rents up as much 15%, beginning around 2011.
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November 3, 2009
STEVEN JOSEPH NOBLE IV, PLAINTIFF,v.D. ADAMS AND D. CUEVAS, DEFENDANTS.
ORDER DENYING MOTIONS AS MOOT DUE TO VACATUR OF TRIAL SCHEDULE AND PENDING APPEAL (Docs. 165, 166, 168, 169, 170)
Plaintiff Steven Joseph Noble IV ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on the amended complaint, filed May 12, 2003, against defendants D. Adams and D. Cuevas ("defendants"), on plaintiff's Eighth Amendment access to exercise claims for the period between January 31, 2002 and July 31, 2002. (Doc. 8.)
On June 29, 2009, the court issued a Scheduling Order setting the trial in this action for October 20, 2009 at 8:30 a.m. before Judge Anthony W. Ishii. (Doc. 155.) On September 21, 2009, due to consent by the parties, this action was reassigned to Magistrate Sandra M. Snyder to conduct all further proceedings, including trial and entry of judgment. (Doc. 160.) On October 5, 2009, plaintiff filed five motions related to the upcoming trial.*fn1 On October 6, 2009, the court vacated the trial schedule pending ongoing settlement proceedings between the parties. (Doc. 162.) On October 9, 2009, defendants filed a notice of appeal to the Ninth Circuit, appealing the court's September 9, 2009 order denying reconsideration of the order denying defendants' motion for summary judgment. (Doc. 171.) On October 30, 2009, defendants filed written notice that plaintiff's recent settlement offer had been declined. (Doc. 174.)
In light of the fact that the trial schedule has been vacated in this action, and defendants' appeal is pending at the Ninth Circuit, plaintiff's motions related to the trial are moot and shall be denied as such.
Accordingly, IT IS HEREBY ORDERED that plaintiff five motions filed on October 5, 2009, as described in this order, are DENIED as moot.
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LRC, Inc. About Us


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3 bedroom 1 bath home that was newly renovated with new wall to wall carpet throughout is currently available in the Juniatta section of Philadelphia. The outside front yard features a concreted outdoor space for your outside enjoyment. The first floor you will find a very spacious Living room and dining area and a eat in kitchen. Upstairs you will find 3 nice size bedrooms and a spacious bathroom. It also have a full basement and a 1 car parking garage. This could be your first home or can add to your portfolio as an investment property. schedule you showings today.
Listing Area: 19124
The data relating to real estate for sale on this website appears in part through the TREND Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which Callaway Henderson Sotheby's International Realty participates, and is provided by TREND through a licensing agreement and identified with the TREND IDX Logo. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale. Some real estate firms do not participate in IDX and their listings do not appear on this website.Some properties listed with participating firms do not appear on this website at the request of the seller.
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Silver Linings Playbook on Kindle is available today for $4.99. This is the book that the movie was based off and won a bunch of awards. Should be a great read!
Remember, Amazon prices can fluctuate with traffic and product quantities.
Find more great Amazon Deals like cheap MP3 albums, grocery savings and toy sales.


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- Product Details
Santa might be writing himself up in the naughty book next year if these Sexy Santa Hand Cuffs find their way into someone's stocking.
These Christmas themed sexy handcuffs are a great way to a little extra heat to the Christmas festivities.
Finished with red and white fur, these Christmas hand cuffs are a fabulous gift for your partner that makes promises of the exciting times that lay ahead.
Use them as a fun, sexy stocking filler, or why not team them with our Mr Santa Sexy Thong and Mrs Santa Sexy Underwear Set.
This will create a sensational Christmas present that will entertain you both well into the New Year.
- Customer Review
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We are aware of how important it is for you to receive your gifts in time. Therefore, once you place your order we will process straight away and dispatch as soon as they are ready to go. We usually dispatch all items within 1-3 days however, this may be a little longer during special occasions such as Christmas. If multiple items ordered, we may dispatch items separately or all together, depending on the process.
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May 17, 2013
FRANCISCO J. GIL,PLAINTIFF,v.JAMES A. YATES, ET AL.,DEFENDANTS.
ORDER DISMISSING PLAINTIFF'S SECOND AMENDED COMPLAINT FOR FAILURE TO STATE A COGNIZABLE CLAIM (ECF No. 31)
On June 4, 2010, Plaintiff Francisco J. Gil, a former state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff consented to Magistrate Judge jurisdiction. (ECF No. 5.)
Plaintiff's Complaint (ECF No. 1) and First Amended Complaint (ECF No. 23) were screened and dismissed, with leave to amend, on May 25, 2012 and October 29, 2012, respectively, for failure to state cognizable claims. (ECF Nos. 17, 24.) Plaintiff's Second Amended Complaint (ECF No. 31) is now before the Court for screening.
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous, malicious," or that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
Section 1983 "provides a cause of action for the 'deprivation of any rights, privileges, or immunities secured by the Constitution and laws' of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
Plaintiff names the following Pleasant Valley State Prison (PVSP) officials as Defendants: (1) James A. Yates, Warden; (2) Felix Igbinosa, Chief Medical Officer; (3) Ryan, Registered Nurse; (4) Johnson, Licensed Vocational Nurse; and an unspecified number of John Does.
Plaintiff alleges the following:
Valley Fever is a serious disease that can affect various parts of the body and for which there is no cure. The disease is endemic to PVSP where Plaintiff was confined from May 7, 2002 until September 9, 2010. While in custody Plaintiff developed flu like symptoms consistent with Valley Fever contraction. The Defendants denied Plaintiff diagnostic testing necessary for an official diagnosis and treatment. Plaintiff was denied an examination "because [he] was known as a paper/writ pusher . . . ." (Compl. at 3.)
A. Section 1983
To state a claim under Section 1983, a plaintiff must allege two essential elements:
(1) that a right secured by the Constitution or laws of the United States was violated and
(2) that the alleged violation was committed by a person acting under color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 1949-50.
B. Section 1983 Linkage Requirement
Under § 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 129 S.Ct. at 1949-50; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Id.
The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by the plaintiff. Iqbal, 129 S.Ct. at 1948. Government officials may not be held liable for the actions of their subordinates under a theory of respondeat superior. Id. Since a government official cannot be held liable under a theory of vicarious liability in § 1983 actions, Plaintiff must plead sufficient facts showing that the official has violated the Constitution through his own individual actions. Id. In other words, to state a claim for relief under § 1983, Plaintiff must link each named defendant with some affirmative act or omission that demonstrates a violation of Plaintiff's federal rights.
Plaintiff contends that the Defendants denied him adequate medical care in response to his exercise of First Amendment rights. The Second Amended Complaint raises Eighth and First Amendment claims. However, before addressing the potential merits of Plaintiff's substantive claims, the Court observes that Plaintiff has failed to link any alleged violation to any Defendant. This repeated failing reflects an inability of Plaintiff to so link the Defendants and compels dismissal.
To state a claim, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Iqbal, 129 S.Ct. at 1948; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir. 2009); Jones, 297 F.3d at 934. Plaintiff's statement of facts mentions no particular Defendant by name or attributes any wrongful act to a particular Defendant. Attribution of all wrongful acts to all Defendants as a group is insufficient without some indication as to how each was involved and how he or she participated in the alleged violations of Plaintiff's rights. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (requiring personal participation in the alleged constitutional violations); Chuman v. Wright, 76 F.3d 292, 294-95 (9th Cir. 1996) (holding instruction permitting jury to find individual liable as member of team, without any showing of individual wrongdoing, is improper).
Each of the Court's previous screening orders notified Plaintiff of this pleading deficiency and instructed him that, to state a cognizable claim, he must allege facts demonstrating exactly how each Defendant contributed to an alleged violation of Plaintiff's rights. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir.1988). Because Plaintiff appears unable to correct the shortfalls in his claim, dismissal without leave to amend is appropriate. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000); Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987).
For the reasons stated above, the Court finds that Plaintiff's Second Amended Complaint fails to state a claim upon which relief may be granted and that leave to amend would be futile. See Noll v. Carson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Accordingly, Plaintiff's Second Amended Complaint is DISMISSED WITH PREJUDICE for failure to state a claim. The Clerk shall close the case.
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text: Ok. So i am not one to get mad over some scratches on the back of my naked Ipod Touch but I thought of maybe a solution. So this is a little Photoshop doodle of what i think might help. As you might notice in the picture i tried to get the texture of the Mac Book Pro laptops, (brushed metal). I noticed that my Mac Book Pro doesn't get scratched easily and if it does, there are only minute signs of it. So i thought, what if they put that brushed metal onto the back of the Ipod Touch/IPhone. It might not look as sleek or fancy but i think it would do the job. Comment on it and just say what you think about it. Thanks for reading. Please Register or Log in to view images


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Danish buyout firm Polaris Private Equity has held a first close for its latest fund at more than €275m ($372m) in a further sign the Nordic region's local players are bucking the gloomy fundraising market.
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text:
Quick Applesauce Muffins
Total Time
Prep 5 mins
Cook 12 mins
This recipe is one of my adopted recipes. It's easy to make because it starts with Bisquick, and based on the reviews, it doesn't look like it needs any changes.
Ingredients Nutrition
- 2 cups Bisquick
- 1⁄4 cup sugar
- 1 teaspoon cinnamon
- 1⁄2 cup applesauce
- 1⁄4 cup milk
- 1 egg
- 2 tablespoons sunflower oil
- 1⁄4 cup sugar
- 1⁄4 teaspoon cinnamon
- 2 tablespoons butter or 2 tablespoons margarine, melted
- Preheat oven to 350°F.
- Combine Bisquick, 1/4 cup sugar, and 1 teaspoon cinnamon.
- Add applesauce, milk, egg and oil, and beat vigorously for 30 seconds.
- Fill greased muffin pans 2/3 full and bake 12-15 minutes.
- Cool slightly and remove from pans.
- Mix remaining sugar and cinnamon.
- Dip tops of muffins in melted butter, then in sugar-cinnamon mixture.
Most Helpful
These are good, light-textured muffins, although I prefer mine with a little more substance. I think adding chopped apple or maybe some raisins and/or nuts would be a good idea.
Well, if I didn't change the recipe some, then that just wouldn't be like me. I used the heart healthy bisquick, I added 1/2 chopped granny smith apple to the batter, I am sure that I added more than 1 tsp of cinnamon also. I added some brown sugar to my cinnamon/sugar mix and sprinkled it on before baking. These came out yummy!
We found these to be pretty bland and think more applesauce or maybe some pumpkin pie spice would be good. I used Recipe#145489 as the bisquick (which I have used before with very good results), skim milk, and egg whites. Those changes sometimes effect the texture of muffins. We didn't feel there was anything wrong with the texture, we just thought they were bland. The addition of the topping did improve them. I sprayed the tops with butter spray and then added the sugar/cinnamon mix. The kids liked them more than the adults, but we thought they were ok and they will certainly all be eaten!


text:
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United States District Court, W.D. Pennsylvania
November 10, 2005.
HOWARD G. CLAIR, RALPH S. WEAVER, and CAROL S. PINTEK, individually and on behalf of all others similarly situated, Plaintiffs,
ANTHONY J. DeLUCA, HARRY J. SOOSE, FRANCIS J. HARVEY, JAMES C. McGILL, RICHARD W. POGUE, DANIEL A. D'ANIELLO, PHILIP B. DOLAN, E. MARTIN GIBSON, ROBERT F. PUGLIESE, JAMES DAVID WATKINS, and THE CARLYLE GROUP, Defendants.
Pending before the Court is a Motion by Albert and Barbara
Glover ("the Glover Plaintiffs" or "the Glovers"), seeking to
become the lead plaintiff in this securities class action.
(Docket No. 25.) For the reasons discussed below, the Motion is
denied without prejudice.
I. INTRODUCTION*fn1
A. Factual History
The facts of this case are largely irrelevant to the decision
herein and will not be reiterated in detail. Briefly stated,
Howard G. Clair, Ralph S. Weaver, and Carol S. Pintek ("Plaintiffs") filed an action on behalf of themselves and other
investors similarly situated against the "Individual
Defendants"*fn2 and The Carlyle Group*fn3
(collectively, "Defendants"), claiming that Defendants' actions
on behalf of IT Group, Inc., violated federal securities law. IT
Group, Inc. ("IT" or "the Company"), was an environmental waste
remediation firm based in Monroeville, Pennsylvania. The Carlyle
Group acquired control of IT in November 1996 and, at
approximately the same time, the Company expanded rapidly by
acquiring other firms who performed similar services. Plaintiffs
claim that by the end of 2001, Defendants had made a number of
poor financial and management decisions which, inter alia,
resulted in liquidity problems and violation of the company's
highly lucrative government contracts. IT declared bankruptcy on
January 15, 2002.
During the course of the bankruptcy proceedings, Plaintiffs
learned that Defendants had consistently misrepresented IT's
financial condition and results in annual and quarter filings
made with the Securities and Exchange Commission, press releases,
and other statements disseminated to the investing public. As a
result, Plaintiffs and other investors were damaged when they purchased IT common stock at artificially inflated prices during
the Class Period.*fn4 Plaintiffs did not learn of
Defendants' fraudulent activities until March and April 2002 when
the relevant documents were published in the bankruptcy
B. Procedural History
Plaintiffs filed suit on February 27, 2003, alleging (1) that
Defendants breached their fiduciary duty to investors by making
false and misleading statements; (2) that by preparing and
issuing public statements containing misrepresentations and
omissions which induced Plaintiffs and members of the class to
purchase IT common stock at artificially inflated prices, the
Individual Defendants violated Section 10(b) of the Securities
Exchange Act of 1934 ("the Act"), 15 U.S.C. §§ 78j(b) and
78(n) and Rule 10b-5, 17 C.F.R. § 240.10b-5, promulgated
thereunder; and (3) that Defendants caused the Company to engage
in the illegal conduct and practices described above inasmuch as
they were "controlling persons" of IT Group as that term is
defined in Section 20(a) of the Act, 15 U.S.C. § 78t(a).
On May 18, 2003, Plaintiffs published a notice of the pending
private securities class action pursuant to Section 21D(a)(3)(B)
of the Act as amended by the Private Securities Litigation Reform Act of 1995 (the "Reform Act.")*fn5 (See
Docket No. 17, Exhibit A.) On July 7, 2003, Albert and Barbara
Glover moved for approval as lead plaintiff, approval of Glancy
Binkow & Goldberg, LLP, and Miller Shea, PC, as Co-Lead Counsel,
and approval of Chimicles & Tikellis, LLP, as Liaison Counsel for
the Class. (Docket No. 15.) Defendants opposed this motion,
claiming that Plaintiffs had failed to comply with the Reform Act
requirement that the early notice be published not more than 20
days after the complaint was filed and that any motion seeking
appointment as lead plaintiff be filed within 60 days thereafter.
(Docket No. 19.) Plaintiffs responded that such notice was not
required in light of the relationship between this case and
Payne v. DeLuca, CA 02-1927,*fn6 and their reasonable
assumption that this case would be consolidated with Payne. (Docket No. 21.) When
Defendants refused to consolidate the cases "for tactical
reasons," Plaintiffs provided the additional notice "out of an
abundance of caution," albeit beyond the 20 day publication
period. (Id. at 1.)
In considering the motion by the Glover Plaintiffs, the Court
found that although no additional notice was required, given the
timely notice provided in the Payne action and the fact that
the allegations in the two cases were substantially the
same,*fn7 Plaintiffs herein could not rely on the Payne
notice because a motion to dismiss had been granted in that case.
(Memorandum and Order of December 16, 2004, Docket No. 24,
"December 16 Order," at 4-5.) Moreover, we agreed with Defendants
that the notice filed in this action failed to conform with the
requirements of 15 U.S.C. § 78u-4(a)(3). Plaintiffs were directed
to re-publish notice and renew their motion for appointment of lead plaintiff and lead counsel.
On March 18, 2005, the Glover Plaintiffs filed a renewed motion
for appointment to act as lead plaintiff and for the same firms
to serve as co-lead counsel and liaison counsel. ("Motion,"
Docket No. 25.) They*fn8 indicated that on January 20, 2005,
they published a revised notice of this action on "Primezone," a
"widely circulated national business-oriented wire service."
(Memorandum of Points and Authorities in Support of Motion of the
Glover Plaintiffs for Appointment as Lead Plaintiff and for
Approval of Lead Plaintiff's Selection of Co-Lead Counsel, Docket
No. 26, "Plfs.' Memo," at 5.) No other members of the putative
class responded to the republished notice by seeking to be
appointed lead plaintiff, and no class member has opposed the
Glover Plaintiffs' Motion.
Defendants oppose the Motion, however, arguing that once again,
Plaintiffs failed to publish notice of the class action within
the 20 days mandated by the Reform Act and that the Glover
Plaintiffs failed to file the motion for lead plaintiff status
within 80 days of the December 16 Order permitting them to do so. (Memorandum of Law in Opposition to the Glover Plaintiffs' Motion
for Appointment as Lead Plaintiff and Approval of Lead
Plaintiff's Selection of Co-Lead Counsel, Docket No. 30, "Defs.'
Opp.," at 5-6.) Defendants further argue that the Glover
Plaintiffs do not satisfy the requirements for acting as lead
plaintiffs that are set out in 15 U.S.C. § 78u-4(a)(3)(B)(iii).
(Id. at 7-9.) We address each of these objections in turn.
A. Timeliness of the Notice and the Glover Plaintiffs' Motion
The timeliness of the Glover Plaintiffs' Motion is easily and
quickly addressed. The Motion was filed on March 18, 2005, that
is, 57 days after publication of the second notice on January 20,
2005, and 92 days after the December 16 Order. A plain reading of
the notice provision ties the date for filing a motion for lead
plaintiff status only to the publication of the notice. According
to § 78u-4(a)(3)(A)(II), a motion to serve as lead plaintiff must
be filed "not later than 60 days after the date on which the
notice is published." Assuming for the sake of argument that
Defendants are correct in their position that the December 16
Order was the triggering event for publication of the notice,
that date is irrelevant to the calculation of the date on which
the Motion had to be filed. For example, had the notice been
published on December 19, 2004, the motion would have been timely
if it were filed on or before February 17, 2005 (60 days after
the notice), but not if it were filed on February 19, 2005, even though the latter date is only 62 days after the triggering
In response to Defendants' argument that Plaintiffs failed to
publish the notice itself within the time prescribed, the Glover
Plaintiffs contend that the December 16 Order did not set a
specific deadline for publication and that they therefore were
"expected to act reasonably," which they did. (Plaintiffs' Reply
Memorandum in Support of Motion of the Glover Plaintiffs for
Appointment as Lead Plaintiff and for Approval of Their Selection
of Co-Lead Counsel, Docket No. 33, "Plfs.' Reply," at 2; 4.)
Relying on a reference in the December 16 Order to In re Lucent
Techs. Inc. Sec. Litig., 194 F.R.D. 137 (D.N.J. 2000),*fn9
and the fact that the court therein ordered a revised notice to
be published within 37 days of its decision that the first notice
was inadequate, they contend the 20-day period need not be
strictly enforced when a plaintiff is required to re-publish the
notice. Therefore, they assert that they complied with the intent
of the December 16 Order even though the notice was not filed
until 35 days thereafter. (Plfs.' Reply at 4.)
In the December 16 Order, the Court determined that the initial
notice did not provide the detail necessary to comply with the
requirements of 15 U.S.C. 15 U.S.C. § 78u-4(a)(3). This was also the finding of the court in Lucent. However, unlike
the court in that case, we did not require Plaintiffs to submit a
proposed draft of the notice for review before re-publication. In
an order dated April 26, 2000, the Lucent court required
plaintiffs' counsel to submit a revised notice to the court and
the defendants for comment by May 12, 2000. Counsel for the
defendants were then given ten days to comment on the proposed
draft and the plaintiffs were directed to publish the second
notice not later than June 2, 2000. Lucent, 194 F.R.D. at 148.
The thirty-seven day period granted by the Lucent court thus
anticipated an interim step which the December 16 Order did not
the time necessary for comment and correction. We find the Glover
Plaintiffs' reliance on our single reference to Lucent and the
assumption that a 35-day period in which to republish their
notice was therefore "reasonable" to be somewhat overreaching in
light of the clear distinction between the two cases.
We simply directed Plaintiffs to publish a revised notice "in
accordance with 15 U.S.C. § 78u-4(a)(3)." (December 16 Order at
5.) The parties have identified and cited numerous cases which
address a potential lead plaintiff's failure to comply with the
second clause of 15 U.S.C. § 78u-4(a)(3)(A)(i) requiring that
motions to serve as lead plaintiff be filed "not later than 60 days after the date on which the notice is published."*fn10
However, there appears to be a dearth of published opinions
dealing with the failure of plaintiffs to comply with the
introductory clause of the statute, i.e., that "not later than 20
days after the date on which the complaint is filed, the plaintiff or plaintiffs shall cause to be published . . . a
notice advising members of the purported plaintiff class (I) of
the pendency of the action, the claims asserted therein, and the
purported class period." 15 U.S.C. § 78u-4(a)(3)(A)(i).
With little guidance from the parties, the Court has
independently researched the case law on the 20-day notice period
and discovered only one relevant case. In Century Community
Church of God v. Ent & Imler CPA Group, the plaintiff, CCC, did
not publish the required notice twenty days or less after filing
the amended complaint in which CCC joined the case as a
plaintiff, but rather within 20 days after the court denied the
defendant's motion to dismiss that amended complaint almost a
year later. The first notice provided an erroneous case number
and CCC was compelled to publish a corrected notice nine days
later. "CCC v. E&I," CA No. 03-0678, 2005 U.S. Dist. LEXIS
8679, *7-*8 (S.D. Ind., May 9, 2005). As here, the defendant
argued that CCC's motion to be appointed lead plaintiff should be
denied because the notice was filed out of time, even though
there were no other candidates for lead plaintiff.
The court concluded that E&I had not shown "substantial
prejudice to potential class members" as a result of the late
notice and pointed out that "[t]his is not a case where other
investors and attorneys are lining up to carry the burden and to
seek the potential rewards of class representation." Id. at *9. Moreover, while refusing to permit CCC to represent the potential
class "would stymie the class action entirely" and thereby serve
E&I's interests, such a drastic measure was not required by
statute and would "run directly contrary to the purpose of the
notice and lead plaintiff provisions of the [Reform Act]" that
is, "to protect the interests of a plaintiff class of investors
by inviting competition to ensure that the best available class
representative takes the lead." Id. at *9-*10. The court found
CCC adequate to serve as lead plaintiff and concluded that in the
absence of "other applicants for the lead plaintiff role, and in
the absence of a showing of substantial harm to other investors'
interests, CCC's late publication of the notice [did] not
disqualify it from serving as lead plaintiff." Id. at *10.
Both parties agree that barring special circumstances
identified by the court, failure to file a motion to serve as
lead plaintiff within the mandatory 60-day period is fatal to
such a claim. See, e.g., cases cited in footnote 10. Although
by referring to the section of the Reform Act which establishes
the time frame for publication and filing we expected Plaintiffs
to republish notice within 20 days of the December 16 Order,
because we were less than explicit about that expectation, we
will not hold them strictly to the statutory requirement. Thus,
we conclude that lateness of the notice alone does not preclude
consideration of the Glovers' motion for lead plaintiff status. B. Suitability of Albert and Barbara Glover to Act as Lead
In passing the Reform Act, Congress intended "to ensure more
effective representation of investors in securities fraud class
actions by transferring control of the litigation from attorneys
to investors," in part to alleviate the perception that such
actions had become largely attorney-driven. Lucent,
194 F.R.D. at 144, citing H.R. Conf. Rep. No. 104-369 (1995), reprinted in
1995 U.S.C.C.A.N. 679, 730-734. Therefore, the Reform Act
provides that upon motion of a member of the purported class in
response to the notice of a pending securities fraud class
action,*fn11 the court is to "appoint as lead plaintiff the
member or members of the purported plaintiff class that the court
determines to be most capable of adequately representing the
interests of class members," a role referred to as "the most
adequate plaintiff." 15 U.S.C. § 78u-4(a)(3)(B)(i).
Because one of the goals of the Reform Act was to encourage shareholders with significant holdings rather than professional
plaintiffs to exercise control over the selection and actions of
counsel (Lucent, id.), the statute establishes a rebuttable
presumption that the most adequate plaintiff (1) "either filed
the complaint or made a motion in response to a notice;" (2) has
"the largest financial interest" in the relief sought by the
class as determined by the court; and (3) satisfies the
requirements set forth in Rule 23 of the Federal Rules of Civil
Procedure. 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I). "A district court
must exercise exceptional care to insure [sic] that in applying
the lead plaintiff provisions of the statute, the concerns that
motivated Congress are carefully heeded, as the determination of
lead plaintiff by the district court is, with probably little
exception, not immediately subject to review." Burke v.
Ruttenberg, 102 F. Supp.2d 1280, 1309 (N.D. Ala. 2000).
As one court has pointed out, multiple class members may
satisfy the first and third requirements of
15 U.S.C. § 78u-4(a)(3)(B)(iii). "The second factor, however, is exclusive;
there may be only one person with the largest financial stake in
the litigation." In re Microstrategy Sec. Litig.,
110 F. Supp.2d 427, 433 n. 11 (E.D. Va. 2000). There is no question that
the Glover Plaintiffs satisfy the first criterion; they filed a motion*fn12 for lead plaintiff status in response to the
first untimely, inadequate notice and again in response to the
re-published notice.
In determining if a proposed lead plaintiff satisfies the third
criterion, the court need not conduct a full investigation and
analysis of the four prongs of Rule 23, generally referred to as
numerosity, commonality, typicality and adequacy. In evaluating
the suitability of a proposed lead plaintiff, "the court's
initial inquiry should be confined to determining whether [the]
movants have stated a prima facie case of typicality and
adequacy," as required by Rule 23. In re Cendant Corp. Litig.,
264 F.3d 201, 264 (3d Cir. 2001), cert. denied sub nom. Mark
v. Cal. Pub. Emple. Ret. Sys., 535 U.S. 929 (2002).
According to the certifications provided with the Motion,
Albert and Barbara Glover, like other members of the putative
class, purchased shares of IT stock during the Class Period. (Declaration of Lionel Z. Glancy in Support of Motion, Docket No.
27, "Glancy Decl.," Exh. B.) The Complaint asserts that class
members were damaged because the price of the stock was inflated
as a result of Defendants' false and misleading representations.
(Complaint, ¶¶ 284-287.) The Glovers' claims thus appear to be
typical in that they "arise from the same course of events," and
there is no reason to believe their legal arguments will not be
the same as those of other class members in establishing
Defendants' liability. Fed.R.Civ.P. 23(a)(3); see also
Lucent, 194 F.R.D. at 149-51. Because there is nothing to show
that the Glovers' "factual or legal stance is not characteristic
of that of other class members" (Lucent, id. at 150, internal
quotation omitted), they appear, at this point, to satisfy the
prima facie requirements of the typicality prong of Rule 23.
A putative lead plaintiff satisfies the adequacy requirement
prong if he or she "will fairly and adequately protect the
interests of the class." Fed.R.Civ.P. 23(a)(4). For purposes
of the lead plaintiff determination, adequacy "is contingent upon
both the existence of common interests among the proposed lead
plaintiff and the class, and a willingness on the part of the
proposed lead plaintiff to vigorously prosecute the action."
Lucent, 194 F.R.D. at 151. Unlike the typicality analysis which
may be based on a mere comparison of the would-be lead
plaintiff's claims vis-a-vis the allegations in the complaint, the adequacy analysis "presents an inquiry that
reaches beyond the factual allegations and legal theories of a
complaint." Lucent, id.
The problem here is that the Glover Plaintiffs have provided
absolutely no information about themselves beyond the
certifications which are required by law. See
15 U.S.C. § 78u-4(a)(2)(A)(i)-(vi). In those certifications, they assert that
they are willing to testify at deposition and trial if necessary,
have not served as a class representative in a securities
litigation action during the preceding three years, and will not
accept supplemental payment except as approved by the court for
reasonable costs and expenses directly related to lead plaintiff
status. (Glancy Decl., Exh. B, ¶¶ 3, 5, and 6.) They further
assert that they have "demonstrated their adequacy" by "evincing
a strong desire to prosecute these actions on behalf of the Class
and have shown that they are willing and able to take an active
role in and control the litigation and to protect the interests
of absentees." (Plfs.' Memo at 9.)
In enacting the lead plaintiff provisions of the Reform Act,
Congress intended that courts would appoint "the most
sophisticated investor available and willing to serve in a
putative securities class action," that is, "an investor capable
of understanding and controlling the litigation." Berger v.
Compaq Computer Corp., 279 F.3d 313, 313 (5th Cir. 2002). The consequence of this expectation is that the lead plaintiff in a
large private securities class action case is generally, but not
necessarily, a large institutional investor rather than an
individual. "The two principal responsibilities assumed by a lead
plaintiff are: (1) monitor the conduct of class counsel, and (2)
decide whether and when the case should be settled or taken to
trial." In re Quintus Sec. Litig., 201 F.R.D. 475, 481 (N.D.
Cal. 2001). A lead plaintiff also has a fiduciary duty to
identify and retain competent counsel and to negotiate a
reasonable attorney's fee for the class. Id. at 482.
We recognize that at this point in the litigation it would be
inappropriate to conduct an in-depth analysis of the Glovers'
adequacy; rather, such an inquiry properly takes place at the
point of class certification. Lucent, 194 F.R.D. at 149.
However, without disparaging the Glovers personally, there is no
evidence that they are the type of sophisticated investor who can
control a multi-million dollar class action. Compare, for
instance, In re Baan Co. Secs., CA 98-2465, 2002 U.S. Dist.
LEXIS 27875, *13-*14 (D.D.C. July 19, 2002), where the court,
while recognizing "the inherent difficulties in having
non-institutional investors as lead plaintiffs," nevertheless
appointed three individuals based on their personal declarations
that they understood they "must act as final decision-makers in
the litigation," had been in regular communication with counsel, and were prepared to do whatever was necessary to recover their
sizeable loss; Microstrategy, 110 F. Supp. 2d at 438, n. 28, in
which an individual investor seeking lead plaintiff status
submitted an affidavit providing information that supported both
his desire and his ability to undertake that task, i.e., he was
responsible for managing his family's savings, followed his
investments on a daily basis, contacted counsel on his own, and
was pursuing lead plaintiff status to protect his investment and
recover as much as he could for himself and other investors; or
Tanne v. Autobytel, Inc., 226 F.R.D. 659, 668 (C.D. Cal. 2005),
in which a lead plaintiff candidate filed a declaration stating
that he would accept the responsibilities of serving as a
representative party on behalf of the class, was comfortable
overseeing large projects and meeting deadlines by virtue of his
education and experience, communicated with his attorneys via
telephone or e-mail on an almost-weekly basis, and was prepared
to attend out-of-town court proceedings when necessary.
Here, the Court is presented only with a representation in the
Glover Plaintiffs' memorandum that they are "extremely motivated"
to pursue this action. This motivation stems from (1) the fact
that they made the Motion, and (2) their alleged "significant
losses" from their investment. (Plfs.' Memo at 9.) While we do
not dispute that their alleged loss was a significant percentage
of their investment, that point is more pertinent to determination of their status as having the greatest financial
interest. Simply making a motion for lead plaintiff status, taken
alone, establishes nothing about the movant's adequacy to take on
this burdensome task.
Since there is no declaration to support this alleged "strong
desire" and no evidence of their ability to "take an active role"
and "control the litigation," we view these assertions somewhat
skeptically. We know nothing about the Glover Plaintiffs'
understanding of their role and responsibilities as lead
plaintiff, their commitment to pursue vigorously litigation that
is liable to extend for years, or their experience directing
counsel. In sum, we cannot, on the record as it now stands,
determine if the Glovers satisfy the adequacy prong of Rule
Moving to the third criterion, we view with even more
skepticism the Glovers' assertion that they are the "person or
group of persons that . . . [have] the largest financial interest
in the relief sought by the class."
15 U.S.C. § 78u-4(a)(3)(B)(iii). Nothing in the Reform Act explains how a
court is to determine if a candidate for lead plaintiff status
meets the financial interest criterion. Courts have typically
made this determination in one of three ways: "(1) the number of
shares that the movant purchased during the putative class
period; (2) the total net funds expended by the plaintiffs during the class period; and (3) the approximate losses suffered by the
plaintiffs." Cedent, 264 F.3d at 262, adopting a test
established in Lax v. First Merch. Acceptance Corp., CA No.
97-C-2715, 1997 U.S. Dist. LEXIS 11866, *5 (N.D. Ill. Aug. 11,
Jointly, the Glovers own 8,500 shares of IT Group common stock
purchased in September and October 1999.*fn13 Their total
investment was $81,199.69. They did not sell any shares, but
claim to have suffered a loss of $23,866.34, "based on the
average close price of IT Group common stock during the 90-day
period beginning February 23, 2000, and ending May 23, 2000."
(Glancy Decl., Exh. C.) No explanation is provided as to why the
loss is calculated as of this period, which is almost two years
before the Company declared bankruptcy.
According to the Complaint, on November 1, 2001, there were
21,971,829 shares of IT Group outstanding and actively traded on
the New York Stock Exchange. (Complaint, ¶ 51.) At that point,
the Glovers owned less than one-half of one percent of the
shares, i.e., 00.0387%. The Company's market capitalization at
that time was $368 million. (Id., ¶ 56.c.) The Glover
investment represented just over two-tenths of one percent of
that amount. There is no question they suffered a significant loss, i.e., 29.4% of their investment. Although they state in
their memorandum that to the best of their knowledge, they
"believe that they have the largest financial interest in the
relief sought by the Class in this case" (Plfs.' Memo at 7),
there is no sworn affidavit to support this statement nor do they
provide any basis for this speculation. Again, based on the
record as it now stands, the Court cannot determine if the
Glovers have the largest financial interest of all the purported
thousands of class members.
A court is under no obligation to accept a proposed lead
plaintiff merely because his or her appointment is unopposed by
other members of the putative class. Lucent, 194 F.R.D. at 152.
Moreover, "a district court would be well within its discretion
in . . . seeking further information if it deems the original
submissions to be an inadequate basis for an informed decision."
Cendant, 264 F.3d at 262. We wish to be entirely clear that we
are not rejecting the Glover Plaintiffs as lead plaintiff in this
matter, only that we do not believe they have made an adequate
showing at this point that they are the most adequate plaintiff.
This case provides what appears to be a unique situation. If we
reject outright the Glovers' motion to be named lead plaintiff,
the putative class members are left without any viable plaintiff.
Although we have not directly addressed this issue on motion by
Defendants, it is obvious from the face of the Complaint and the certifications filed therewith that the
original Plaintiffs fail to satisfy the typicality requirement of
class representatives because none of them purchased his or her
stock in IT during the Class Period.*fn14 According to
Defendants, those three have "disappeared." (Defs.' Opp. at 3, n.
3.) Therefore, to maintain this litigation it appears that either
(1) the Glover Plaintiffs must cure the defects outlined herein,
or (2) an alternative lead plaintiff must be identified.
We are disinclined to require a third notice publication in the
hope of drawing out another lead plaintiff candidate. Although it
may seem unfair to Defendants to allow Plaintiffs yet one more
bite at the apple, the Court has an obligation to protect the
interests of the putative class members and therefore will
reconsider a final attempt by the Glover Plaintiffs (or other as
yet unidentified alternatives) to establish their credentials to
serve as lead plaintiff. In the interim, the Court will reserve
its consideration of the suitability of the Glover Plaintiffs' proposed co-lead and class liaison counsel. An
appropriate Order follows.
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123 N 1600 W Provo, UT 84601
Hi, Blueroof .com.
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My Question Is:
Estimated Monthly Payment$5,051
- Photos
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- Questions
- Share
- Mortgage Calculator
- Status: Active
Listing courtesy of KW WESTFIELD KELLER WILLIAMS REAL ESTATE
GREAT location in Provo! Minutes from freeway and downtown Provo and backs up to a HUGE park; peaceful and serene setting! Large .14 acre lot. Move in ready 3 bedroom, 1 bath with main floor living! New carpet and updated kitchen. Central heat and AC. Google Fiber ready, fully screened double paned vinyl windows with coverings included (Blindman Blinds and Martha Stewart curtains). Full sized Maytag washer/dryer and kitchen appliances (with exception of fridge), and Toto toilet included. Furnace includes Humidifier and anti-microorganism lights. Beautiful yard features rose bush and tree in the front yard, FULL sprinkler system, curbing for added appeal and lawn maintenance, and lockable storage shed (with full-length shelf and loft for additional storage). Even a flag pole with lock and key. This home will not last long!
Interior Features Include:
Alarm: Fire, Dishwasher, Built-In, Disposal, Kitchen: Updated, Range/Oven: Free Stdng.
Basement None/Crawl Space
Fireplaces 0
Air Cond: Central Air; Electric
Heating: Gas: Central
Floor Type: Carpet, Tile, Vinyl
Exterior Features Include:
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Lot: Curb & Gutter, Fenced: Part, Road: Paved, Secluded Yard, Sidewalks, Sprinkler: Auto-Full, Terrain, Flat, View: Mountain
Landscape Landscaping: Part, Vegetable Garden
Roof: Asphalt Shingles, Pitched
Exterior: Aluminum/Vinyl, Asphalt Shingles
Patio/Deck: 1 Patio 0 Deck
Garage/Parking: Parking: Uncovered
Driveway Concrete
Other Features Include:
Subdivision: WEST PARK
Inclusions: Ceiling Fan, Dryer, Microwave, Range, Range Hood, Storage Sheds, Washer, Window Coverings
Amenities: Electric Dryer Hookup, Home Warranty, Park/Playground
Water: Culinary
Utilities Gas: Connected, Power: Connected, Sewer: Connected, Water: Connected
Accessibility Single Level Living
Storage Shed
Taxes 711
School District: Provo
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text:
Housewares Wrap-Up: Essick: Decor in the Air
Posted on April 10, 2010 by
One thing humidifiers are not known for is being fashionable. But Essick has turned that thinking upside down with the EP9 500 Pedestal, its new humidifier which was formally launched during the International Home + Housewares Show.
The Pedestal is made with a plastic that is formulated to resemble mahogany. "With a top that has a marble finish, this unit looks like furniture," said Mark Ulrey, director of sales for Essick. The top can be covered with any standard, 12-by-12-inch tile to fit the room's decor.
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The Pedestal is a humidifier designed to fit any room's decor. essickair.com
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Item #91884
Product Description
Just as a glimpse of a gorgeous sunrise makes you smile, our lovely Wallis Wall Mirror brings your wall alive. This spectacularly designed round sunburst mirror makes an artful addition to your mantel, entryway or dining room. Featuring radiating spokes accented by gold-tinted rings, this distinctive decorative mirror infuses beauty and visual balance into your space.
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Kyra Wall Mirror
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text:
End of the summer and we hit the road to drive two hundred and fifty miles north: 287, 684, 84, 90, 290, 495 . . . if you know the roads, you know what I'm writing about. If you don't, it's all pretty much the same, not much to see, and there's been a drought so the landscape is dry.
Archives For GK Stritch
Book Review: M Train, by Patti Smith
I work a solitary Burroughs-type job where I don't do anything much but look out a window. I can't read or write there, so the only thing I do is think, think about people, and pray, pray for another job. I think about the Beats because I read a great deal of Beat literature. I've read so much that I feel I know each personally. Being it was All Saints Day and then All Souls Day, and I had nothing else to do, I prayed for Kerouac, Ginsberg, and Burroughs. Continue Reading…
Film Review: Inside Llewyn Davis
A professional filmmaker warned me against the Coen Brothers. (Why? I can't remember.) A professional musician and nice guy warned against this movie. "Joyless," he said. "Dark." Our friends, a beautiful couple, charitable and she a pianist with three classically-trained musical daughters (one a violinist in a bluegrass band) didn't finish watching it–they didn't like it at all. I liked it. I liked it a great deal, and it's the first movie I've seen in a while that didn't insult my intelligence. Continue Reading…
The Road Starts in Paterson
"The News from Poems" the Sixth Biennial Conference of the William Carlos Williams Society at William Paterson University ended on a majestic note with a stunning video featuring the music of Frederick Adler, M.D., black-and-white images by the architect and visual artist Jonathan Sinagub, and the words of William Carlos Williams from his epic poem "Paterson," in a combined work titled "Paterson Project." www.patersonproject.com
The Road begins in Paterson, as in Sal Paradise's Paterson, as in WCW's Paterson, as in Ginsberg's hometown P-town, New Jersey, as in George Washington's "coat of Crow-black homespun woven in Paterson," Alexander Hamilton, yes, that Paterson . . . Paterson of the great Peruvian restaurants and immigrant experience – yes, that Paterson.
Scholars from as far away as Melbourne and Kyoto attended the event.
Jean-Louis Wept
"I cried in the Cathedral of the Savior to hear the choir boys sing a gorgeous old thing, while angels seemed to be hovering around—"
Jack Kerouac, "Big Trip to Europe"
Jean-Louis wept
Affects and effects
Choir boys sang
Sending a pang
In lonesome heart
Romanesque art
Lonesome travels
One unravels
Cezanne's greens
Baptistery scenes
Smokyblue hills
Rust reds fulfill
Road visions
Vermouth rhythms
Lucid liquid diamond
Infants understanding silence
Angels sing
Angels sing
Lonesome travels
Weeping unravels
Kerouac, Jack. Road Novels 1957-1960. (New York: Penguin, 2007). pp. 749-750.
Lonesome Thanksgiving
Our Year in Downtown Red
Yesterday's sunshine and spectacular seventy degrees are replaced by rapidly plummeting temperatures and the forecast for Thanksgiving: a nor'easter that may include inches of snow. I hope that storm goes way out to sea, so travelers and families and friends can celebrate a happy holiday without worry about the weather and driving. Robert and I look forward to his lovely sister's traditional Mayflower New England American hospitality in her warm and inviting home: a huge roast turkey with stuffing and gravy and mashed potatoes and sweet potatoes and dozens of side dishes and appetizers and a big dessert table with, of course, pumpkin pie and apple pie all served with love and cheer and thanksgiving. I'm about ready to burst into tears thinking about it, and what if the weather keeps me here alone in Active Town with our boxes of oatmeal and pasta and no family cheer and not much else, and that is a sad and terrible thought. Thanksgiving is the homiest holiday of the year, and I'm grateful that I've been welcome into the family fold since Robert and I met.
However, now after what seems only a foolish and expensive and unnecessary move, maybe they won't like me anymore for disturbing the peace. This move bore fruit, thus far, of a few forced and bitter tears, days and nights of separation and loneliness and rejection, and a sour taste, but time will probably reveal something that I haven't yet fully seen, perhaps, courage and conversion and a more grateful heart, a more loving human and humble heart, a heart that has become more discerning to the ways of the world. In my heart of hearts, I don't think I'll find a job here; I believe I have given up the search. We'll see what unfolds. Robert and I plan on visiting the condo in Boring Town, and that boring town is beginning to seem more and more pleasant with its quiet town ways, away from the bustle and hustle of Active Town.
Now, with the update forecast, maybe it won't be wise for Robert to travel home. Maybe it'll be a tedious and hours long dangerous drive. Maybe he should stay up north, because there will be no place for him to park here—no room in the underground garage with Vincenzo's three big outrageously expensive Ferrari, Lamborghini, Aston Martin . . . and maybe the ridiculous Hummer and The Boss's Range Rover, and a "please don't park here" for us.
The thought occurs to me that I am getting used to being alone. I'm getting used to years of unemployment, and I will survive, and I'll survive the year without a Thanksgiving. Maybe I could show up at the community kitchen, yes, I might learn something there. I won't go as a volunteer, I'll go as a friendless and hungry and thirsty stranger, alone in America on the day Americans give thanks. I'll go as one of the country's unemployed citizens—one poor in spirit who has lost hope of ever getting a full-time job with benefits ever again. I'll go naked, naked in aloneness, naked in crying for mercy, naked in mourning, naked in humility, naked in old age, naked into the great big homelessness of the unwanted manuscript—right into the slush pile of rejection. And when that's all over, I'll climb into my silver cloud and drive into my warm parking space in the heated underground garage . . . and call the wrap place across the street for a delivery of some turkey fire fingers, like I'm some big rock star. Then I'll race down the street, spring into the bakery, jump over the counter, grab a big hunk of apple strudel, and distribute it to all the other friendless and hungry strangers.
San Juan de la Cruz
. . . "who studied . . . St. John of the Cross . . . " [i]
His aloneness in a dungeon
Imprisoned in cruel Spanish cell
Con-tem-pla-tive and silent hell
Meditative knees he fell
Light and dark thus intertwined
Lead to poetry sublime
Ecstasy and agony
Suffered his cross
In crucified reality
Found the light
In deepest darkest night
The obscure night of the soul
Forever in eternity be told
Mystic poet, mystic saint
Love never stained or taint
Patron saint of mystics
San Juan de la Cruz
Sacrifice and detachment
Sanctity and holiness
Embraced Christo Rey
who studied Plotinus Poe St. John of the Cross who studied Plotinus Poe St. John of the Crosswho studied Plotinus Poe St. John of the Cross
[i] Ginsberg, Allen. "Howl."
Francis Thompson
"Francis Thompson (!)" i
"My mangled youth lies dead beneath the heap.
My days have crackled and gone up in smoke,
Have puffed and burst as sun-starts on a stream."
"The Hound of Heaven" by Francis Thompson
Soul chaste
First chastised by a chase
Through London laudanum haze and haste
Up and down and down and out
Stop to have another taste
Nowhere to run to, baby, nowhere to hide ii
On this side of the great divide
The hound and words chasing fast
Will this misery ever pass?
Affliction, affliction, affliction
In desolate dereliction
Tortured life
Poverty stricken
Money not for pen or paper
Hopes dashed and end in vapor
Beating feet and voices beat
Futile to try and retreat
Heart beating in the heat
Stop those endless running feet
Angels, visions, lighted tapers
Heaven chased hare through all capers
Hound that hound chased him down
Naked, stripped, youth took flight
Majestic poem he did write
Finally stopped he sought the light
i Kerouac, Jack and Ginsberg, Allen: The Letters. Ed. Bill Morgan and David Stanford. (New York: Viking) 2010.
ii "Nowhere to Run," Songwriters: Holland, Edward, Jr., Dozier, James, Herbert Lamont, Holland, Brian, EMI Music
Saint Francis
"I love St. Francis of Assisi as well as anybody in the world." Desolation Angels
Once a sybarite youth and reveler
Dreams and visions and change of heart
Lepers and beggars fevered new start
Francis set to restore his Father's house
He threw and flung church gold away
Bernardone beat and locked he stayed
Francis turned from father's ways
And stood there humble, pure, and bare
He wed himself to poverty and fast as fare
To gain heaven nay palace but by hut everlasting
He preached and lived non-violence and reconciliation
Mysticism, holy vows, chasten, tonsured, unshaven
A poor and meek monk and brother
Lover of creatures, creation, and creator
Sought spiritual experiences and lofty visions
Contemplation and stigmata and the Christ in crucifixion
Compassion and forgiveness
Francis was a man of action
And taught by his deeds and sanctification
Count by Any Other Name
"Basie's stuff means something." i Jack Kerouac, Horace Mann Record
Good Morning Blues: The Autobiography of Count Basie as told to Albert Murray (first edition 1985) is something like the Count's music: it's not only about the notes he plays, it's also about the notes he leaves out. This is more a "tell some" rather than a "tell all," and so be it. Basie plays it straight and simple, like his music, and the subject of the book is that: the music, jazz, and all those great jazz players. Count enjoyed a sixty-year career as pianist, band leader, composer, and arranger.
It's a delight "listening" to William Basie tell his story. It couldn't have been easy in those early years, but Count sheds a gracious light on events with gentleness, style, and humor, and some very funny stories that go back to the glory days of Kansas City and the early New York years with the likes of Fats Waller, Billie Holiday, Lester Young, and everybody in the jazz world. A good read for jazz enthusiasts who want to glean some insight in a world long gone.
Apparently, young William, newly arrived in New York City, was so green he (and Elmer Williams, sax player) got these remarks from Sonny Greer, Duke Ellington's drummer from Long Branch, New Jersey, "Hey, where you two farmers think you going? . . . . Hey, what you two country boys doing up here in the big city?" ii Small town Red Bank being the farm, and, for the record, Long Branch being a few shore towns away.
Was Count called Count because the jazz world had a Duke, King, Earl, Baron? iii Or as Bennie Moten suggests was it more, "Aw, that guy ain't no 'count." and "Where is that no 'count rascal?"
"no 'count, as the old expression goes." iv
Count makes strides, develops, and has his own ideas, "I had been around long enough and gotten into enough to call myself a New York musician . . . I was not from Red Bank anymore. I was from New York." v Count makes clear that Red Bank is in the past and he hightailed it out of there, fast.
He relates an amusing account about an Apollo Theatre backstage incident. "I'm standing there in the wings, this mean old bastard working back there starts signifying me . . . I'm standing there shaking already, and this son of a gun is . . . talking so loud so I can't help hearing him." The work man grumbles away, "Now here's the great Count Basie back here. The great Count Basie! Well, I want to hear this. The great Count Basie. Now we'll find out what he's going to do in New York!" vi The man goes on and on, won't give Basie a break, and it gets worse.
But Count finds himself and forges his identity, "Talking about jumping at the Woodside . . . it came to me that I really wasn't William Basie or Bill Basie the piano player from Red Bank anymore. From now on and for better or worse I was Count Basie, the bandleader out of Kansas City, back in New York." vii Small town boy does well, takes on the world as Count, and does so with a lot of good times and great jazz.
i Kerouac, Jack. Atop an Underwood: Early Stories and Other Writings. (New York: Penguin) 2000. pp. 21-22.
ii Basie, William. Good Morning Blues: The Autobiography of Count Basie. (New York: Da Capo Press) 1995. p.51.
iii Ibid., pp. 146-147.
iv Ibid., pp. 146-147.
v Ibid., p. 84.
vi Ibid., p. 190.
vii Ibid., p. 196.


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IASC Ltd. professional sofa upholstery company offers high quality and risk-free domestic and commercial upholstery cleaning to its growing number of clients in Thamesmead SE28 and the area. IASC Ltd. offers professional steam sofa cleaning or dry sofa cleaning, as well as suede sofa cleaning, sofa stain removal and leather sofa cleaning. The cleaners use the latest technologies and solutions in the cleaning business to safely and efficiently clean all kinds of upholstered furniture, including: your couch or settee, traditional sofa, convertible sofa, loveseat, divan, settee, sectional sofa, couch bed, sofa bed, hide-a-bed, sleeper sofa, and also offers curtain cleaning, mattress cleaning, bed bug mattress treatment, blinds cleaning and drapery cleaning. Booking combined services will get you a very attractive discount!
Home & Office Sofa Hovering and Deodorising Thamesmead SE28
Regardless what the stain on your settee is, we will be happy to remove it. IASC Ltd. has developed the right cleaning solutions and methods for any type of stains. Please, note that stain treatment we provide is organic, 100% safe and not charged as an additional service, but is part of the professional upholstery cleaning service in Thamesmead SE28. Prе treats all dirt patches, stains and high traffic areas with the proper detergents. There are detergents for coffee stains, fruit stains, makeup stains, etc. upholstery protection spray called Scotchgard. We clean the following types of sofas:
- divan, couch or settee, traditional sofa
- settee, convertible sofa, loveseat
- sectional sofa, sofa bed, hide bed
- sleeper sofa, couch bed
Domestic & Commercial Upholstery Stain Treatment Thamesmead SE28
The cleaners are equipped with the experience, means and knowledge to clean the following kind of fabric safely and efficiently:
- synthetic, wool, cotton
- organic fibre, silk, viscose
- suede, plush, chenille, nubuck
- linen, leather, acrylic
Professional Steam or Dry Upholstery Cleaning Thamesmead SE28
Your leather furniture will be cleaned completely and rejuvenated by the cleaners, who use special foam leather cleaner, and can apply a leather rejuvenator or a top quality crack filler with different colours to your mat leather sofa, and make it look as good as new. As for velvet, suede and other delicate materials, dry cleaning is used. Before both wet and dry the deep cleaning, the cleaner will do some thorough hoovering and then pre-treats all stains, high traffic areas and dirt patches with the proper detergents. There are detergents for coffee stains, fruit stains, makeup stains, etc. If you want to keep your furniture and sofa looking good and clean longer, you can request that the cleaner applies upholstery protection spray called Scotchgard. Deodorising is also offered.
The cleaner will apply suitable and safe cleaning method which removes and destroys dust mites, fungal spores, bacteria and other harmful debris from your mattress. How it works: with intensity ultra-violet light which kills all of the harmful organisms which take hiding your mattress and which can cause dust runny nose, allergies, asthma, depression (not 100% scientific evidence), itchy red eyes, headaches, eczema. The mattress cleaning and bed bug mattress treatment implements no moisture, and removes all dust and debris as well. It is great for pillows and mattresses, and very suitable for hospitals, hotels, hostels and everything that has beds. If you need any of these services, and live or work in Thamesmead SE28 just book the professional upholstery cleaning services of IASC Ltd.!
Choose IASC Ltd. Upholstery Cleaning and Get Special Price!
Get a free quote today! Call us on 020 3746 4287 and get your offer right away! Don`t waste even more time and make an order for our top-notched upholstery sofa cleaning services in Thamesmead SE28 at a bargain price!