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Hotel Granvia Hiroshima, Hiroshima
- Free WiFi
Main amenities
- 407 guestrooms
- 5 restaurants
- Breakfast available
- Self parking
- 24-hour business center
- 24-hour front desk
- Air conditioning
- Daily housekeeping
- Front desk safe
- Laundry service
- Meeting rooms
- Hair salon
For families
- Refrigerator
- Private bathroom
- Free toiletries
- Daily housekeeping
- Laundry facilities
- Hair dryer
What's around
- In Hiroshima City
- Hiroshima Castle (1.3 mi / 2.1 km)
- Shukkeien (0.7 mi / 1.2 km)
- Hiroshima City Museum of Contemporary Art (1.2 mi / 2 km)
- Hiroshima Museum of Art (1.3 mi / 2.1 km)
- Hiroshima Municipal Stadium (1.6 mi / 2.5 km)
Hotel Granvia Hiroshima, Hiroshima
Hotel Info: 866-539-8117from $70
- Economy Double Room, Non Smoking
- Economy Double Room, Smoking
- Double Room, Smoking
- Standard Double Room, Non Smoking
- Standard Single Room, Non Smoking
- Standard Twin Room, Smoking
- Standard Twin Room, Non Smoking
- Standard Triple Room, Non Smoking
- Standard Triple Room, Smoking
- Superior Double Room, Non Smoking
- Superior Twin Room, Non Smoking
- Premium Quadruple Room, Non Smoking
- Economy Twin Room, Non Smoking
More great choices
At a glance
Key facts
Hotel size
- This hotel has 407 rooms
- This hotel is arranged over 22 floors
- Check-in time starts at 2 PM
- Check-out time is noon
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- One child (6 years old and younger) stays free when occupying the parent or guardian's room, using existing bedding
- No cribs (infant beds)
- Pets not allowed
- Free WiFi and wired Internet access in public areas
- Free WiFi and wired Internet access in rooms
- Self parking *
Nearby Three Star Hiroshima hotels
In the hotel
- Full breakfast daily (surcharge)
- 5 restaurants
- 2 coffee shops/cafés
- Bar/lounge
- 24-hour business center
- Meeting rooms 12
- 24-hour front desk
- Concierge services
- Dry cleaning/laundry service
- Laundry facilities
- Hair salon
- Luggage storage
- Wedding services
- Multilingual staff
- Porter/bellhop
- Number of buildings/towers - 1
- Year Built 1987
- Elevator/lift
- Safe-deposit box at front desk
- Designated smoking areas
- Accessible bathroom
- In-room accessibility
In the room
- In-room climate control (air conditioning)
- Air conditioning
- Ceiling fan
- Slippers
- Iron/ironing board (on request)
- Blackout drapes/curtains
- Soundproofed rooms
- In-room massage available
- Private bathroom
- Deep soaking bathtub
- Bidet
- Free toiletries
- Hair dryer
- Flat-screen TV
- Pay movies
- Digital TV channels
- Desk
- Free newspaper
- Free WiFi
- Phone
- Refrigerator
- Daily housekeeping
Top Hiroshima hotels
Recently reviewed hotels in Hiroshima
- SakurayaFrom
"Staff was very friendly. The Japanese futons were quite comfortable. The showers are not private, but no one was there when I took a shower. "Nov 23, 2016
- Sansui RyokanFrom
"Sansui Ryokan is roughly a 10ish minute walk from the main Hiroshima sites. Most charming however is the woman who runs the ryokan. She was very sweet and although she didn't…"Nov 19, 2016
- Capsule & Sauna New Japan EX - Caters to MenFrom
"Loved the on-site spa and sauna. Robes included. Lockers provided. Lots of vending machines. On-site restaurant."Nov 19, 2016
- Mitsui Garden Hotel HiroshimaFrom
"Rooms here are more spacious than many other hotels. We were in a room with two single beds. The Shiseido bath products were amazing. It was easy to get to this hotel from Sanjo…"Nov 16, 2016
Nearby hotels
Also popular with travelers from the USA
Special features
DiningDISH PARADE - This buffet restaurant specializes in international cuisine.
SETOUCHI - This restaurant specializes in Japanese cuisine and serves breakfast, lunch, and dinner.
L and R - This restaurant specializes in Modern European cuisine and serves lunch and dinner. Guests can enjoy drinks at the bar.
JINSEKI - This steakhouse serves lunch and dinner.
KOH RAN EN - This restaurant specializes in Chinese cuisine and serves lunch and dinner.
Hotel Granvia Hiroshima, Hiroshima's small print
Also known as
- Granvia Hiroshima
- Granvia Hiroshima Hotel
- Granvia Hotel Hiroshima
- Hiroshima Granvia
- Hiroshima Granvia Hotel
- Hiroshima Hotel Granvia
- Hotel Granvia Hiroshima
The Japanese Ministry of Health, Labour, and Welfare requires all international visitors to submit their passport number and nationality when registering at any lodging facility (inns, hotels, motels, etc. ). Additionally, lodging proprietors are required to photocopy passports for all registering guests and keep the photocopy on file.
Optional extras
Self parking costs JPY 1080 per night
Full breakfast is offered for an extra charge of JPY 2376 per person (approximately)
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
Excellent 4.4 /5 from 656 reviews
Very comfortable. The Hotel Staff were extremely helpful and friendly. The ease with which we could take the train or taxi to our destinations was very convenient.
The condition of the hotel grounds was great. The staff were extremely courteous, helpful, and most could speak English pretty well (they even called and set up sake tastings for my wife and I at our request, as the sake brewery didn't speak much English). The hotel is connected to the main train station in Hiroshima, making lugging bags from the train (we had the Japan Rail Pass) very easy. The only slight downsides to the hotel were that the room was pretty small for Western standards and that you have to either take a street car for 5-10 minutes or walk 30 minutes or so to get to the main sites and main downtown section of the city. However, these were very slight inconveniences, and I would definitely recommend this hotel!
Next to train station which was great, but had a little trouble finding restaurants near hotel (within walking distance) Hotel staff great. Very attentive to questions etc.
Very comfortable stay. AC worked very well to help cool us from the hot day. Attached to the JR station; very convenient.
Just great. Location and hotel are both great. Clean and relatively specious room (in Tokyo terms). Beautiful lobby and all other hotel facilities...
Is the description of this hotel not correct? Tell us


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
discussed in biography
...of his eight extant plays cannot be precisely determined, and only two of them can be dated. His plays are: The Broken Heart; The Lover's Melancholy (1628); 'Tis Pity She's a Whore; Perkin Warbeck; The Queen; The Fancies, Chaste and Noble; Love's Sacrifice; and The Lady's Trial (1638). There are a few contemporary references to Ford, but nothing is known of his...

subset: commoncrawl


text:
Approche variationnelle pour le calcul baysien dans les problmes inverses en imagerie
Ali Mohammad-Djafari · Created · Last updated 9 months ago ·
No Title Found
Ali Mohammad-Djafari and 1 coauthor · Created · Last updated 9 months ago ·
Welcome to Authorea!
Ali Mohammad-Djafari · Created · Last updated over 1 year ago ·
Welcome to Authorea!
Ali Mohammad-Djafari · Created · Last updated over 1 year ago ·
Ali Mohammad-Djafari received the B.Sc. degree in electrical engineering from Polytechnic of Teheran, in 1975, the diploma degree (M.Sc.) from Ecole Supérieure d'Electricit(SUPELEC), Gif sur Yvette, France, in 1977, the "Docteur-Ingénieur" (Ph.D.) degree and "Doctorat d'Etat" in Physics, from the University of Paris Sud 11 (UPS), Orsay, France, respectively in 1981 and 1987. He was Assistant Professor at UPS for two years (1981-1983). Since 1984, he has a permanent position at "Centre National de la Recherche Scientifique (CNRS)" and works at "Laboratoire des signaux et systèmes (L2S)" at SUPELEC. He was a visiting Associate Professor at University of Notre Dame, Indiana, USA during 1997-1998. From 1998 to 2002, he has been at the head of Signal and Image Processing division at this laboratory. Presently, he is "Directeur de recherche" and his main scientific interests are in developing new probabilistic methods based on Bayesian inference, Information Theory and Maximum Entropy approaches for Inverse Problems in general in all aspects of data processing, and more specifically in imaging and vision systems: image reconstruction, signal and image deconvolution, blind source separation, sources localization, data fusion, multi and hyper spectral image segmentation. The main application domains of his interests are Medical imaging, Computed Tomography (X rays, PET, SPECT, MRI, microwave, ultrasound and eddy current imaging) either for medical imaging or for Non Destructive Te


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Is Ajantha Tailors and Embrodiary incorrect or missing key business information? Update your Hotfrog listing today.
Contact details
Are these details correct?
Hotfrog INDIA provides information regarding Ajantha Tailors and Embrodiary in Thiruvananthapuram Tamil Nadu. Ajantha Tailors and Embrodiary is located at Ajantha Hse, Andamukkam, Chinnakada, Thiruvananthapuram Tamil Nadu and provides RETAIL services.
Is Ajantha Tailors and Embrodiary in Ajantha Hse, Andamukkam, Chinnakada, Thiruvananthapuram Tamil Nadu your business? Claim your listing and attract more leads by adding more content, photos and other business details.
We have more RETAIL services in Thiruvananthapuram Tamil Nadu available on Hotfrog INDIA. You can update your search for Thiruvananthapuram RETAIL by location, keyword or service options.
Railway Feeder Road, Kottar, Nagercoil. Pin Thiruvananthapuram Tamil Nadu 629002
Thiruvananthapuram Tamil Nadu
M G Road Pazhavangadi, Kerela Thiruvananthapuram Tamil Nadu
Thiruvananthapuram Tamil Nadu 944079
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Product Description
This 3G/4G Wireless N 150 Router allows you to connect a 3G/4G USB adapter2 for Mobile Broadband connectivity. The incoming connection is then shared via an 802.11n wireless network or via the 4 builtin 10/100 LAN ports. The Ethernet WAN port can be used as a primary or backup Internet connection.
Maximum Portability
The D-Link 3G/4G Wireless N 150 Router allows users to access worldwide Mobile Broadband technology. Simply insert a compatible 3G/4G USB adapter2 and share your Mobile Internet connection through a secure, high-speed wireless network. Enjoy increased speed and range over traditional 802.11g/b standards2 thanks to the latest Wireless N 150 technology. A 10/100 Ethernet WAN port allows you to attach a DSL/Cable modem as the primary or backup link, while auto-failover ensures an uninterrupted connection by automatically connecting to your 3G network or WAN whenever the primary link is lost.
Powerful Wireless Connection with Maximum Security
Powered by Wireless N 150 technology, this router provides wireless speeds of up to 150Mbps3. Maximize wireless performance by connecting this router to computers equipped with Wireless N wireless interfaces1<
Additional Information
|Item Condition
|Delivery Time
|1 To 3 Days


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ONI Main: 503-823-4519
City/County Info: 503-823-4000
1221 SW 4th Ave, Suite 110, Portland, OR 97204
Dec 6
OTCTCA Transportation & Mobility Comm.
Goose Hollow Planning & Zoning committee First United Methodist Church
Dec 7
NWDA Executive Comm. Meeting Neighbors West-Northwest office
Pearl District Executive Comm. Urban Grind
Pearl District Livability & Safety Comm. Portland Center Stage, 128 NW 11th
View More
View from the West Hills
Iconic views of the city and mountains define this neighborhood within walking distance of both northwest and downtown.


text:
McDonald enjoys "new world" at center
The position isn't easy to play. Playing center, Nick McDonald says, is a "new world."
A sampling...
"First, I'll listen to the call in the huddle -- everything," McDonald said. "I'll listen to everything Aaron (Rodgers) says to where the tight end's going to line up. I'll get up to the line, think about what the play is and what direction we're going, look at the front and tell what front is. It might be an Okie front, three down, four down. Then, I hold my hand up so the backs and see. Then, I have to make my calls with the guards. if it's a run, I make my calls. If it's a pass, I declare the linebackers."
All in a few seconds. Then, he snaps. Then, he blocks.
Initially, it seemed like McDonald would be in the mix at left guard, competing with T.J. Lang and Derek Sherrod. The Division II Grand Valley State project the Packers hung onto a year ago matured fast. And while he harbored hopes of moving to guard to compete for Daryn Colledge's old spot, he's perfectly fine with center.
Six years younger than Scott Wells, he's being groomed as a possible heir. Despite shorter arms, he's stout at the point of attack.
"I kind of expected them to move me to center," McDonald said. "They needed a guy to back up Scott. If Scott goes down, they need somebody they can trust 100 percent to make the right calls. It's good to get all these reps. I'm making calls quicker than I did last year. It was a whole new world to me last year."
He hasn't gotten any work at guard through camp but McDonald believes this tutelage at center will give him a better understanding of the offense as a whole. After all, once the season begins there could be some shuffling. Injuries and slumps happen.
"If they want me at guard, I'll be more than happy to get in there and compete," McDonald said. "Center will help me with guard too. I'll be able to help the center out if I'm in there. It will make it a lot easier for me. It works both ways."
- Familiarity brought Starks back to Green Bay
- Video: Breaking down Saturday's Packers practice
- Packers haven't forgotten about ILB Beniquez Brown
- Packers heighten emphasis on punt return after 2015 struggle
- Packers WRs learning Getsy's way of doing things
- Thompson: 'We're starting a new year and we're playing for a championship'
- Video: Breaking down Packers' first padded practice
- Spriggs earns valuable lesson from Peppers
- Linsley still fighting through hamstring injury
- T.J. Lang eager to return for contract year


text:
Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Sharon S Mandli
(561) 427-4952
Email Agent
Sharon S Mandli
(561) 427-4952
Email Agent
Property DetailsBAYHILL ESTATES IS A HIDDEN GEM OF A COMMUNITY, GATED, WHERE EACH PROPERTY SITS ON AN ACRE OR MORE SURROUNDED BY ENDLESS GOLF / WATER VIEWS. THIS HOME HAS OVER 3,500 SQ FT WITH A VERY OPEN PLAN, VOLUME CEILINGS. KITCHEN AND BATHS HAVE ALL BEEN REDONE, NEW ROOF, CITY WATER, MASTER TO HAVE HIS/HERS SEPARATE BATHS, BEDROOMS WITH THEIR PRIVATE BATHS,NEWER MARBLE FLOORS AND WOOD IN THE FAMILY ROOM, HIDDEN DEN/OFFICE/HOBBY ROOM, PROFESSIONALLY DONE GARAGE FLOOR, SCREENED IN LANAI OVER LARGE POOL OVERLOOKING GOLF COURSE VIEWS. VERY LOW HOA FEES. COMMUNITY OFFERS PATHS TO WALK & JOG, GOLF MEMBERSHIP OPTIONAL.
Area Recent Sales
Area Detailed Information
Area Schools
Area Weather
Area Cost Index
Mortgage Calculator
Additional Property InformationThis listing located at 8917 Marlamoor, West Palm Beach, FL boasts three bedrooms, three bathrooms and one partial bathroom. A cbs style property, it is currently availible at $569,000.
Features include basketball,bike - jog,golf course,picnic area,sidewalks.
This property is presented by Sharon S Mandli of Illustrated Properties Real Estate, Inc. located in Florida.


text:
Action - Over Under
Gauge - 12 Ga.
Chamber - 2-3/4"
Barrel Length - 30"
Weight - 7.2 Lbs.
Own the range and your competition with a Select Platinum Sporting shotgun. Proven .742" Back-Bored Technology is combined with the Invector-Plus choke system and five Signature extended tubes for superior shot patterns from the lightweight ported barrels. The polished silver nitride receiver finish looks great, resists wear and complements the oil finish of the grade II/III walnut. An adjustable trigger shoe allows you to fine-tune length of pull, while a wide 10mm runway rib, mid-bead and Truglo Tru-Bead competition front sight make picking up targets a breeze. This shotgun features a front bead sight and a tang-mounted safety and includes five Invector-Plus tubes and the original factory hard case. Its wood, metal, and bore are all in good condition.


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Brain Shock Gameplay Tips and Strategies
- App name: Brain Shock
- Developer: haha Interactive
- Genre: Strategy
- Release: Sep 30, 2010
Let's play Brain Shock on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Brain Shock game on the iPhone.
Gameplay Walkthrough
This page contains Brain Shock video walkthroughs for iOS (iPhone/iPad) called "- 11/06 @ cpm" and has been uploaded on Admin official channel at Nov 7, 2014.
Still need help with this level? Here you can ask questions and discuss with other Brain Shock users.
Hit like if this helped you!
Stuck on some levels in Brain Shock? This walkthrough can help you finish the game.


text: Pep up Your Device! GMYLE Book Case Vintage for Series 3 Chromebook 11.6 is made with hard covers in distinguish-looking, high quality crazy horse pattern leather with a strong, thick spine. You can disguise your Series 3 Chromebook 11.6 as a book, bringing a stylish vintage look and also converting your Series 3 Chromebook 11.6 for hands-free viewing. The soft, velvet interior not only keeps damage at bay, but accentuates the sleek design of your Series 3 Chromebook 11.6. Featuring card slots and a money pocket, this convenient design is perfect for those on the go.


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Designer Clarins
Alcohol-free toner â with purifying Camomile and Linden extracts â removes every last trace of cleanser, leaving normal-to-dry skin types pH-balanced, clean and perfectly refreshed. Softens and soothes irritations. Preps skin for the Clarins treatments to follow.
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Fragrance Notes
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All products are 100% original, authentic name brands.
We do not sell knock-offs or imitations.


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Cottage in Couberie, Nr. Lassay Les Chateaux, Normandy Secluded Location with 2.5 Acres of Private Land
This 100 year old stone cottage has only just been newly decorated and sits in the hamlet of Couberie, only 5 minutes from the very popular village of Lassay Les Chateaux. It has 3 unique castles with many traditional local shops and supermarket. The house is set back off the beaten track and boasts of a secluded garden overlooking 2.5 acres of private land. To the side of the house there is a quiet garden to enjoy a quiet glass of wine in the evenings. Downstairs is a large well equiped traditional French kitchen with large original beams and an open fireplace with wood burner, TV/video/Blu-ray DVD. Next door is a large lounge with a new 40inch flat screen TV. The bathroom has a bath, shower, and WC and traditional bidet. Also close by is the Spa town of Bagnoles de L'Orne, with Casino, restaurants, lakes, fishing, sports facilities, horse riding, golf, cycling outdoor heated swimming pool etc.
About the Owner
My husband, 12 year old son and I live in England. Before we had our son we always loved to travel to many parts of Europe and on one of our trips to Spain we accidently discovered this beautiful part of France that we'd never heard of. As well as our home in France my husband has his family apartment in Spain which is equally lovely.
Unfortuanately we both work so we can't spend as much time as we'd like to in our homes but we enjoy renting them out to our guests so they can have as much enjoyment as we have when we visit.
We take a lot of time and trouble to ensure our home is well kept and have some fantastic people helping us keep our home in good condition so our guests can enjoy their time with us.
We hope you agree and enjoy your time in our home.
Guestbook comments from the owner
Our past guests kindly wrote to us and this is what they said about our home:
Sue Cottom wrote: We had an absolutely super time at La Refoulerie. The cottage was everything we needed it to be, and more. You have equipped it very well indeed. We will recommend it to friends, although not everyone wants the peace and quiet Lassay Les Chateaux provides! I fell in love with the place ... if you ever want to sell.
Don Leask 13th June 2005 said: We all really enjoyed the whole experience, from the remote location to the general environs. All in all, a very pleasant stay in a lovely part of the world.
Linda and Kim French September 2004 said: You have a lovely house, in a lovely part of the world - we all thank you for making the holiday a real pleasure.
2013 Chy wrote: "thank you so much for the lovely cottage it was beautiful, spacious and clean, we all loved it, the boys were running around the garden most evenings. We would like to go there again in 2 years time"
2014 Linda Cope wrote: "We really enjoyed our time at La Refoulerie and it had everything we wanted, we would not hesitate to recommend it to others".
0 Reviews
From the Owner
"My husband and I live in England and before we had our son we always loved to travel to many parts of Europe and so on one of our trips to Spain we accidently discovered this beautiful part of France that we'd never heard of. It wasn't long before we were seduced back to Lassay and the area of Bagnoles de L'orne and before we knew it we'd bought La Refoulerie. We absolutely adore this untouched landscape not to mention the fresh air, natural produce which is second to none and of course the bagettes! Where in the world can you get a better loaf? :-) When we come to La Refoulerie these days it's usually to get the house ready for our guests. We want you to relax and enjoy the natural beauty and all the pleasures of our lovely home. Welcome to La Refoulerie!"
Activity and Interests
Special interest holidays:
Activities available in the local area are cycling, horse riding, swimming, fishing by the Chateaux in Lassay, man made Lake/beach in Ferte Mace and many castles to visit all over this area. There are 3 castles alone in Lassay which has tours in English, 14th Century castle in Domfront and many many others. The large Spa town Bognles de L'Orne - casino overlooks beautiful gardens and lake, surrounded by many restaurants, cafes and local shops selling local produce. This is an ideal location for those interested natural beauty.
Approximately 1.5 hour drive away from nearest beach.
Use of car is essential. 3 hours away from Paris. North of Lassay Les Chateaux is Caen and Le Havre.
A couple of kilometers away from Lassay Les Chateaux, the nearest village, with many local shops such as butcher, bank, post office, bakery, flower shop town hall etc. Traditional French Chateaux can be found in Lassay in great condition. In fact we have approx 3 castles in the village. One fully intact and the other two old remains. You can book a tour around the castle in Lassay for a few Euros which will give you a fascinating history told in French and English.
Further Details:
Slightly larger supermarket just outside Lassay on the road to Coutern/Bagnoles Inter Marche. Le Clerc huge supermarket located approx 20km away in Ferte Mace which sells everything but the kitchen sink!
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
My Standard Rate
Changeover Day: Saturday
6 night minimum stay
for 6 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
Booking Notes:
Contact owners to confirm availability and cost. Complete booking form and pay £100 deposit to secure a booking. Make final payment 8 weeks prior to departure date. Deposit fully refundable after season providing there is no damage or abuse to the property and the terms and conditions have been adhered to.
Changeover Day:
Change overs are generally Saturday to Saturday but we can be flexible during low season.
Notes on prices:
Please do give us a call on +44 (0)1895 258 254 after 7pm or Thurs-Fri +44 (0)7968 775 241 if you have any special requirements. We are more than happy to accommodate your needs. We are also open to discuss a reduced price so please don't hesitate to contact us.
Prices shown are for the property per week in UK Pounds, payment in Euros also available and if you are coming for longer than a week we can give you a great deal so please give us a call.
£100 to secure booking and refundable on return of the property without damage.
Balance to be paid in full 8 weeks before departure.
Can pay in British pounds or Euros.
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"When you wake up in the morning you will hear the birds singing and no traffic in the distance. Our two neighbours are exceptional and are always very welcoming to our guests. You can have breakfast on the patio and listen to the babling stream. The air is clear and fresh and you will be a few minutes drive away from a lovely fresh bagettes, croissants and freshly baked cakes. The butcher is just a few doors away where you can pick a lovely steak to have that evening not to mention the cheeses and pates! If you want to experience the adventurous outdoors there are so many places to visit you just need to venture 20 minutes away to Bagnoles de L'Orne and you will find the local Tourist Office which will give you all the information you will need to have a wonderful holiday."
Property Type
- cottage
- Ceiling Fans
- Heating
- Iron & Board
- Living Room ...
- Parking
- Washing Machine
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Dining Area
- Television
- children welcome
- suitable for elderly or infirm
- wheelchair accessible ...
Location Type
- rural
- village
- autumn foliage
- churches
- forests
- museums
- restaurants
- ruins
Leisure Activities
- gambling casinos
- horse riding
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- groceries
Sports & Adventure Activities
- cycling
- fishing
- freshwater fishing
- hiking
- tennis
- Bathroom 1 - Toilet, Shower Enclosure
- Large bathroom with bath/shower, toilet, hand basin and bidet with washing machine.
- 2 Bedrooms, Sleeps 6
- Bedroom 1 - 1 Cot
- Bedroom 2
- Description of sleeping capacity: Sleeps 4/6 (2 Bedrooms) Notes on bedrooms: 2 double beds. 1 three seater sofa bed in lounge.
- Golf ...
- Garden
- Self-catering
Learn more about this holiday rental at the owner's website
- Notes on accommodation: Ideal for anyone looking for peace and quiet, fresh country air and good living but not too far away from a lively village/town when required. La Refoulerie has a large private garden and open private field with a small stream which has been carefully fenced for safety although you can go fishing on our land on the other side of the garden. Smoking and pets unfortunately are not permitted in/on premises. Wood for woodburner must be pre-arranged in advance and can be made available for a fee. Outside: Patio table enough for 8 seats. Sunbeds available on request. Utility Room: The washing machine is in the large bathroom Cleaning / Towels / Linen / Maid service: All bed linen, x 1 hand towel and x 2 tea towels are included in the price. Other: Large lounge with a new 40 inch flat screen TV, Blu-ray DVD, 3 seather comfortable sofa bed with views of the front of the house and field out the back and running stream at the bottom of the garden.


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Hotel Rural San Isidro
Ctra. Bocairent-Villena, Salida Banyeres, Pol. 18, Parcela 21, Bocairent, Spain Show Map
Check in from 14h / Check out prior to 12h
Hotel Rural San Isidro: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Bocairent, Spain.
Hotel Rural San Isidro provides a comfortable setting when in Bocairent.
Hotel description
The hotel has cosy rooms, equipped to suit the needs of any traveller.
Rural San Isidro Hotel Bocairent features a restaurant and a bar where guests can unwind at the end of the day with dinner and a drink.
Guests with a car can visit Banyeres de Mariola and Biar, both within easy driving distance of the hotel. The surrounding countryside ensures plenty of opportunity for relaxing walks.
Hotel features
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Hotel Rural San Isidro also viewed these 2 stars Bocairent hotels:
Casa Rural L'Alboret
Camino l'Alboret Parcela 73, Bocairent
Camino l'Alboret Parcela 73, Bocairent
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text:
Dalman eyes Commerzbank's ex-head of convertibles
Mehmet Dalman, former chief executive of Commerzbank, who resigned last year to launch a hedge fund, is trying to hire the German bank's former global head of convertibles.
A banking source said Brian Kelly, who left Commerzbank in November, is in advanced talks with WMG, Dalman's wealth management boutique, and is also entertaining an offer from a rival hedge fund.
Dalman and Kelly declined comment.
Kelly left the German bank after the convertibles department notched up a loss of about €60m ($78.5m) last year.
Despite the loss, market professionals said Commerzbank's convertible trading group was highly profitable between 2001 and 2003 and predicted Kelly would be snapped up by a rival.
Kelly joined Commerzbank in 2001 from Barclays Capital. Prior to that he was at Merrill Lynch in Hong Kong.
Dalman has already turned to Commerzbank for two new hires for his firm. Last week, Gordon Morrison, global head of Commerzbank Securities' quantitative research team, and John Marsland, who worked closely with him, both joined WMG to establish a series of hedge funds.
Dalman incorporated WMG in September and raised more than $500m (€385m) in assets under management.


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Chainline Brewing Celebrates One Year Anniversary; April 23/
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News & Announcements!
Due to unforeseen circumstances, Kim Stanley Robinson will be unable to attend TusCon 44. Please watch this space for updates and announcements.
Registration is closed through December 31st, 2016.
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November 25th, 2016
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Our Black Friday/Cyber Monday... $50 TusCon 44 Full Event Tickets was November 25th-28th, 2016
About TusCon
TusCon is an annual science fiction convention sponsored by the Baja Arizona Science Fiction Association (BASFA), a Southern Arizona section 501(c)(4) nonprofit organization. The primary focus of TusCon is science fiction, fantasy and horror, but we also pay attention to art, animation, science, media and gaming.
Every year, dozens of professional writers, artists, editors, performers, and filmmakers attend the convention. We invite you to attend the convention, especially if you are a fan of reading, writing, gaming, and generally having fun. Besides, we have a Cookie Fairy in our ConSuite.
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TusCon attracts between 300 to 500 attendees each year. Our attendees are an eclectic and diverse bunch, ranging from pre-teens to senior citizens. Income and education levels for TusCon attendees vary widely. The common denominator is a love for the written word, especially fantasy and science fiction.
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Hello, fellow fans. Welcome to TusCon, Arizona! More specifically, welcome to TusCon 44, our 44th annual Sci-Fi, Fantasy, and Horror convention in Tuscon... ah, we mean rather Tucson, Arizona. Attendees of TusCon are among the most dedicated fans of science fiction, fantasy, and horror and many attendees are professional writers, film producers, artists, and reporters who keep others informed about the goings on in the industry.
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Comedian, actor and television presenter Alexander Armstrong returns to BBC Two Daytime for a second run of the popular quiz show Pointless.
Pointless sees four pairs of contestants compete for a cash prize – by winning the fewest points. Every question on Pointless has been asked to 100 people before the show – to find out the most obvious and the most obscure answers. The contestants aim to score the fewest points by searching out those little known answers that as few of the 100 gave as possible. The Holy Grail is a Pointless answer – a response that none of the 100 thought of.
It might sound easy to remember Top 40 Madonna singles, but contestants must think of the tracks that no one else has mentioned. What about British counties? Or US Presidents? Can you think of the least obvious answer?
Contestants must fight their natural instincts, aiming to score the fewest points possible by finding the most elusive answers. Give an answer 87 of our 100 mentioned and they'll score an awful 87 points. Find an answer that only 4 of the 100 gave and they'll score a very creditable 4 points. And as always, to get the best possible score contestants must find the Pointless answers that none of the 100 gave. Not only do these score players zero points, they also add money to the prize jackpot.
The clever pair who makes it through to the final round wins the coveted Pointless trophy. But one question stands between them and the cash prize. All they have to do is come up with just one more Pointless answer and the cash is theirs. But if they fail, the money rolls over to the next show. It's a tense, high jeopardy end to every show.
Alexander's 'pointless friend' Richard Osman is the keeper of a whole manner of obscure facts and figures. For each question he will be revealing the most popular, least popular and most peculiar answers given by the 100 people before the show.
This brilliant and thought provoking series will have viewers at home shouting obscure facts at the television. Little known and forgotten information are the key to success in Pointless.


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February 16, 2012
MYLAN, INC., AND MYLAN INSTITUTIONAL, LLC,PLAINTIFFS,v.GEORGE ZORICH, ECF NO. 3DEFENDANT.
LENIHAN, Chief Magistrate Judge
This action arises from the alleged breach of non-competition and non-solicitation provisions contained in a Consulting Agreement entered into between Plaintiff, Mylan, Inc., and Defendant, George Zorich. Currently pending before the Court is Plaintiffs' Motion for Remand (ECF No. 3). In support of this motion, Plaintiffs argue that Zorich improperly removed this action from the Court of Common Pleas of Washington County based upon diversity of citizenship because Plaintiff Mylan Institutional LLC and Defendant Zorich are both citizens of Illinois, and Zorich cannot show that Mylan Institutional was fraudulently joined. For the reasons set forth below, the Court will Grant Plaintiff's Motion for Remand.
The relevant facts, which the Court accepts as true for purposes of deciding the motion to remand,*fn1 are as follows. Mylan, Inc. ("Mylan"), is a Pennsylvania corporation located in Canonsburg, Pennsylvania, and is the second largest generic pharmaceutical company in the United States. (Compl. ¶1, ECF No. 1-2.) Mylan Institutional LLC ("Mylan Institutional") is a Delaware limited liability company with its headquarters located in Rockford, Illinois. (Id. at
¶2.) Mylan Institutional, a subsidiary of Mylan (Id. at ¶10), is a customer-focused business providing a variety of pharmaceutical products and services to institutional customers (Id. at ¶2).
At all relevant times, Defendant George Zorich ("Zorich" or "Defendant") resided in or near Chicago, Illinois. (Id. at ¶¶ 3, 35.) In 2006, Zorich was hired by Bioniche Pharma USA LLC ("Bioniche") as President of its North American operations. (Id. at 7.) Bioniche was an Illinois based pharmaceutical company specializing in difficult to formulate and manufacture injectable drugs. (Id. at ¶6.)
On July 14, 2010, Mylan acquired Bioniche, which became a part of Mylan Institutional. (Id. at ¶10.) Mylan Institutional currently conducts the business of Bioniche. (Id.) At the time of the acquisition of Bioniche, Zorich was president of Bioniche's North American operations. As part of the share purchase agreement ("SPA") executed by Bioniche and Mylan, certain specified employees of Bioniche, including Zorich, agreed to enter into consulting agreements with Mylan. (Id. at ¶11.) Zorich's promise to enter into a consulting agreement with Mylan, in part, induced Mylan to execute the SPA. (Id.) In return for Zorich's promise to enter into a consulting agreement and in concert with the acquisition, Mylan (or Bioniche at Mylan's direction) agreed to provide Zorich with a cash bonus and permission to exercise Bioniche stock options which Mylan agreed to purchase at a premium, as well as additional consideration set forth in the Consulting Agreement entered into on July 14, 2010, between Mylan and Zorich. (Id. at ¶¶12-13; Ex. A to Compl., ¶3.)
Under the Consulting Agreement, Zorich's services consisted of devoting his "full working time and attention to the business and affairs of [Mylan] and its affiliate companies and subsidiaries (collectively, the "Mylan Companies") and . . . to serve [Mylan] faithfully and to the best of [his] ability, and use [his] best efforts to promote the interests of the Mylan Companies." (Compl., ¶¶19, 26; Ex. A to Compl., ¶1). In connection with these services, Zorich gained access to the confidential and trade secret information of Mylan.
Pursuant to paragraph 5 of the Consulting Agreement, Zorich agreed that for 24 months after the termination of the agreement, he would not become employed or associated with any person, corporation or other entity engaged in research, development, manufacturing, production, marketing, promotion or sale of any product the same as or similar to those of the Mylan Companies, or which competes with any line of business with the Mylan Companies. (Ex. A to Compl. at ¶5(a).) Zorich also agreed not to solicit, divert or take away any customers or suppliers of Mylan Companies or to contact same for such purposes. (Ex. A to Compl. at ¶5(b).) In addition, Zorich agreed not to solicit, hire or otherwise induce any employee of Mylan Companies to leave for any reason. (Ex. A to Compl. ¶5(c).) The Consulting Agreement was extended by the parties and eventually terminated in June of 2010. (Compl., ¶17.)
Mylan believes that Zorich has breached the non-compete provision of the Consulting Agreement. Sometime prior to January 10, 2012, it is believed that Zorich joined a competitor of Mylan, W.G. Critical Care, as its chief executive officer. (Compl., ¶¶30-31.) According to a description of its services in the trademark application filed with the United States Patent and Trademark Office, W.G. Critical Care offers a "full line of injectable generic pharmaceutical preparations." (Id. at ¶32.) Mylan believes that Zorich continues to live and work for W.G. Critical Care in Illinois. (Id. at ¶35.)
Mylan Institutional derives a sizeable amount of its business from the market for generic injectables and these products comprise a substantial component of the marketplace in which Mylan Institutional does business. (Compl., ¶33.) Mylan Institutional operates the entity acquired by Mylan from Zorich's former employer, Bioniche. (Id.) The majority of Zorich's consulting duties under the Consulting Agreement involved work for Mylan Institutional. (Id.) Mylan believes that Zorich is serving in an executive capacity for W.G. Critical Care that is substantially similar to the capacity in which he worked for Bioniche and later provided through consulting services to Mylan. (Id. at ¶34.)
Mylan further believes that Zorich breached the non-solicitation provision in paragraph 5 of the Consulting Agreement by soliciting Michael Bohling, former director of sales operations at Mylan Institutional, to join W.G. Critical Care as vice president of sale operations, where he would be working to market products including generic injectables.*fn2 (Id. at ¶¶36-37.) As director of sales operations at Mylan Institutional, Bohling was privy to Mylan's confidential, propriety, and trade secret information. (Id. at ¶39.) Prior to his resignation from Mylan Institutional, Bohling downloaded nearly 40 gigabytes of proprietary and confidential data, including Mylan Institutional's largest share drive. (Id. at ¶¶37, 41.)
Consequently, on or about January 19, 2012, Mylan and Mylan Institutional sought injunctive relief for breach of the Consulting Agreement by filing the instant lawsuit in the Court of Common Pleas of Washington County, Pennsylvania ("common pleas court" or "state court"). (Notice of Removal at ¶1, ECF No. 1.) On that same date, Plaintiffs filed an ex parte motion for special injunction and expedited discovery, and the common pleas court entered a temporary order enjoining Zorich from being employed by W.G. Critical Care and soliciting Plaintiffs' employees; directing Zorich to preserve documents/information related to the litigation and to return any of Plaintiffs' confidential, proprietary, and trade secret information; and granting Plaintiffs leave to conduct expedited discovery. (Ex. C attached to Notice of Removal, ECF No. 1-4.) The common pleas court also ordered that a hearing on the request for preliminary injunction would be held on January 24, 2012. (Id.) However, before that hearing could take place, Zorich filed a timely Notice of Removal, pursuant to 28 U.S.C. §1441(a), thereby removing the instant action to this Court on January 24, 2012.
In support of his removal petition, Zorich submits that this Court has original subject matter jurisdiction over this action pursuant to 28 U.S.C. §1332(a)(1), as there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000, exclusive of interest and costs. (Notice of Removal at ¶6.) Zorich contends that although Mylan Institutional is a citizen of Illinois (by virtue of its principal place of business being located in Illlinois),*fn3 as well as Zorich, Mylan Institutional was misjoined as a plaintiff because (1) it is not a party to the Consulting Agreement, and thus, lacks standing to bring this lawsuit, and (2) it was not an intended third party beneficiary of the Consulting Agreement. (Id. at ¶¶9- 11.) Therefore, under the doctrine of fraudulent joinder, Zorich maintains that the citizenship of Mylan Institutional must be disregarded for purposes of determining diversity. When Mylan Institutional's citizenship is disregarded, Zorich contends complete diversity exists.
In response, Plantiffs filed a motion to remand this action to state court on January 25, 2012 (ECF No. 3), arguing that under Pennsylvania law, Mylan Institutional is an intended third party beneficiary under the Consulting Agreement, and therefore, complete diversity does not exist. The Court set an expedited briefing schedule on the motion to remand. The motion and response in opposition have been fully briefed. Thus, the motion to remand is ripe for disposition.
Section 1441 of Title 28, United States Code, governs the removal of a case to federal court. Generally, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant . . . , to the district court of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. §1441(a). "The removal statutes 'are to be strictly construed against removal and all doubts should be resolved in favor of remand.'" Boyer v. Snap-On Tools Corp., 913 F.2d 108, 111 (3d Cir. 1990) (quoting Steel Valley Auth. v. Union Switch & Signal Div., 809 F.2d 1006, 1010 (3d Cir. 1987) (other citations omitted)); Sikirica v. Nationwide Ins. Co., 416 F.3d 214, 219 (3d Cir. 2005). Where a motion for remand is filed, the defendant has the burden of proving that removal was proper. Sikirica, 416 F.3d at 219 (citing Samuel-Bassett v. KIA Motors Am., Inc., 357 F.3d 392, 396 (3d Cir. 2004)).
When a state court action has been removed to federal court based on diversity of citizenship, as in the present case, complete diversity of citizenship of the parties must exist and none of the defendants may be a citizen of the forum state. 28 U.S.C. §1441(b); In re Briscoe, 448 F.3d 201, 215 (3d Cir. 2006) (citation omitted). The doctrine of fraudulent joinder provides an exception to this rule. In re Briscoe, 448 F.3d at 215-16 (citation omitted). In order for this exception to apply and thus provide a basis for this Court's subject matter jurisdiction, the removing party must "establish that the non-diverse [party was] 'fraudulently' named or joined solely to defeat removal jurisdiction." Id. at 216. If a court concludes that a party was fraudulently joined, "the court can 'disregard, for jurisdictional purposes, the citizenship of certain nondiverse defendants, assume jurisdiction over a case, dismiss the nondiverse defendants, and thereby retain jurisdiction.'" Id. (quoting Mayes v. Rapoport, 198 F.3d 457, 461 (4th Cir.1999)). However, if the court finds that the joinder was not fraudulent and therefore it lacks subject matter jurisdiction over the removed action, the matter must be remanded to state court. Id. (citing 28 U.S.C. §1447(c)). In making this determination, the Court may look beyond the pleadings to identify indicia of fraudulent joinder. Id. at 219 (citing Abels v. State Farm Fire & Cas. Co., 770 F.2d 26 (3d Cir. 1985)). However, in doing so, the court of appeals cautioned that a "district court must not step 'from the threshold jurisdictional issue into a decision on the merits.'" Id. (citing Boyer, 913 F.2d at 112; Batoff v. State Farm Ins. Co., 977 F.2d 848, 852 (3d Cir. 1992)).
The court of appeals has delineated the following standards to be applied in a fraudulent joinder analysis:
[T]he removing party carries a heavy burden of persuasion in [demonstrating fraudulent joinder]. It is logical that it should have this burden, for removal statutes are to be strictly construed against removal and all doubts should be resolved in favor of remand. Joinder is fraudulent where there is no reasonable basis in fact or colorable ground supporting the claim against the joined defendant, or no real intention in good faith to prosecute the action against the defendants or seek a joint judgment. But, if there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that joinder was proper and remand the case to state court....
In evaluating the alleged fraud, the district court must focus on the plaintiff's complaint at the time the petition for removal was filed. In so ruling, the district court must assume as true all factual allegations of the complaint. It also must resolve any uncertainties as to the current state of controlling substantive law in favor of the plaintiff.
Id. at 217 (quoting Batoff, 977 F.2d at 852). In other words, joinder will not be considered fraudulent unless the claims against the non-diverse party can be deemed "'wholly insubstantial and frivolous'[.]" Id. at 218.
The court's inquiry into a fraudulent joinder claim is less demanding than the inquiry undertaken in ruling on a motion to dismiss under Rule 12(b)(6)-"simply because a claim against a party may ultimately be dismissed for failure to state a claim does not necessarily mean that the party was fraudulently joined." In re Diet Drugs Prods. Liab. Litig., 294 F.Supp. 2d 667, 673 (E.D.Pa. 2003) (citing Batoff, 977 F.2d at 852) (other citation omitted). "[T]he same principles of fraudulent joinder apply where a plaintiff is improperly joined with another plaintiff to defeat diversity jurisdiction." Id. (citing Tapscott v. M.S. Dealer Service Corp., 77 F.3d 1353, 1360 (11th Cir.1996) (overruled on other grounds); In re Benjamin Moore & Co., 309 F.3d 296, 298 (5th Cir.2002); In re Diet Drugs Prods. Liab. Litig., Civ. A. No. 98-20478, 1203, 1999 WL 554584 (E.D.Pa. July 16, 1999)).
A. Standing to Bring Suit as Third Party Beneficiary
In support of their motion to remand, Plaintiffs submit that Mylan Institutional has standing to bring this lawsuit as it is an intended third party beneficiary of the Consulting Agreement. The Consulting Agreement contains a choice of law provision designating Pennsylvania law as the governing law.
The Pennsylvania Supreme Court has delineated two tests for determining whether a party attains third party beneficiary status. Under the first test, "in order for a third party beneficiary to have standing to recover on a contract, both contracting parties must have expressed an intention that the third party be a beneficiary, and that intention must have affirmatively appeared in the contract itself." Scarpitti v. Weborg, 609 A.2d 147, 149 (Pa. 1992) (citing Spires v. Hanover Fire Ins. Co., 70 A.2d 828, 830-31 (Pa. 1950)). Subsequently, the supreme court carved out an exception to the Spires rule in Guy v. Liederbach, 459 A.2d 744 (1983),*fn4 which comprises the second test. Scarpitti, 609 A.2d at 149. In so doing, the supreme court adopted the Restatement (Second) of Contracts, §302 (1979), which provides:
Intended and Incidental Beneficiaries
(1) Unless otherwise agreed between promisor and promisee, a beneficiary of a promise is an intended beneficiary if recognition of a right to performance in the beneficiary is appropriate to effectuate the intention of the parties and either
(a) the performance of the promise will satisfy an obligation of the promisee to pay money to the beneficiary; or
(b) the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance.
(2) An incidental beneficiary is a beneficiary who is not an intended beneficiary.
Id. See also Guy, 459 A.2d at 751; Scarpitti, 609 A.2d at 150. Thus, under the Restatement test, courts must conduct a two-part inquiry for determining whether a party can be designated as an intended third party beneficiary:
(1) the recognition of the beneficiary's right must be "appropriate to effectuate the intention of the parties," and (2) the performance must "satisfy an obligation of the promisee to pay money to the beneficiary" or "the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance."
Guy, 459 A.2d at 751; Scarpitti, 609 A.2d at 150 (quoting Guy, supra). Part one of the inquiry addresses standing and vests discretion in the court to ascertain whether recognition of third party beneficiary status would be appropriate. Id. The second part of the inquiry identifies the two types of claimants who may be intended as third party beneficiaries. Id.
The Scarpitti court rejected the argument that Guy was intended to apply only to cases sufficiently similar on the facts, and held that so long as the requirements of §302 have been met, nothing in Guy precluded the plaintiffs-appellees from being included in the narrow class of third party beneficiaries envisioned by the supreme court. 609 A.2d at 150. The supreme court in Scarpitti thus summarized the law on third party beneficiaries in Pennsylvania:
Accordingly, we hold that a party becomes a third party beneficiary only where both parties to the contract express an intention to benefit the third party in the contract itself, Spires, supra, unless, the circumstances are so compelling that recognition of the beneficiary's right is appropriate to effectuate the intention of the parties, and the performance satisfies an obligation of the promisee to pay money to the beneficiary or the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance. Guy, supra.
Id. at 150-51. Thus, even where, as here, the agreement does not expressly provide that the third party is intended to be a beneficiary, under the Restatement test enunciated in Guy, a party may still be a third party beneficiary. However, as the superior court pointed out in Burks v. Federal Insurance Company, "Guy did not alter the requirement that in order for one to achieve third party beneficiary status, that party must show that both parties to the contract so intended, and that such intent was within the parties' contemplation at the time the contract was formed." Burks v. Federal Ins. Co., 883 A.2d 1086, 1088 (Pa. Super. Ct. 2005) (emphasis in original).
In the case at bar, Plaintiffs submit that under either the Spires
standard or the more lenient Restatement standard, they have more than
a "reasonable basis in fact or colorable ground supporting the claim"
that Mylan Institutional has standing to sue Zorich for breach of
contract. In support, Plaintiffs contend that the expressed intent of
the parties (to benefit Mylan Institutional) is demonstrated through
the references in the Consulting Agreement to (1) Mylan's acquisition
of Bioniche, which is made more significant by the fact that Zorich
was Bioniche's President of North America operations and Bioniche
would later become Mylan Institutional; (2) Zorich's duties vis a vis
the "Mylan Companies" (i.e., Mylan and its affiliate companies and
subsidiaries); and (3) to the "Mylan Companies" in the
confidentiality, non-compete and nonsolicitation provisions of the
Consulting Agreement. (Pls.' Br. in Supp. Mot. to Remand at 9-11, ECF
No. 4.) Thus, according to Plaintiffs, by the language in the
Consulting Agreement, which imposes obligations on Zorich to the Mylan
Companies and which affords the Mylan Companies protection against
unfair competition, Mylan and Zorich clearly indicated their mutual
that Mylan's affiliates, including Mylan Institutional,*fn5
benefit from the Consulting Agreement. Therefore, Plaintiffs
submit that under Pennsylvania law, Mylan Institutional is a proper
party to this lawsuit.
In response, Zorich argues that Mylan Institutional lacks standing to bring a breach of contract claim based on the Consulting Agreement because it does not qualify as a third party beneficiary under either the Spires or Restatementstandard. Zorich devotes a good portion of his brief arguing why Mylan Institutional does not qualify as a third party beneficiary under the Spires test. The Court agrees with Zorich that, under the Spires test, Mylan Institution does not qualify as a third party beneficiary. Neither Bioniche nor any successor entity*fn6 is expressly designated as a third party beneficiary in the Consulting Agreement.
However, the Court disagrees with Zorich's conclusion that Mylan Institutional also fails to qualify as a third party beneficiary under the Restatement test officially adopted in Scarpitti. In support of his position, Zorich argues that there are no unique or compelling circumstances here that would justify recognizing Mylan Institutional as a third party beneficiary of the Consulting Agreement. Zorich contends that Mylan and Zorich were the only parties to the Consulting Agreement and Mylan, as signatory on the Consulting Agreement, clearly derived the benefits of Zorich's obligations under the agreement and is attempting to enforce the Consulting Agreement by way of this action.
As a preliminary matter, the Court finds that Zorich has misstated the Restatement test. Plaintiffs need not prove that "unique or compelling circumstances that would justify recognizing Mylan Institutional as a third party beneficiary." Rather, under the Restatement test, Plaintiffs must show that recognition of Mylan Institutional's right to performance under the Consulting Agreement is appropriate to effectuate the intent of the parties, and the circumstances indicate that Mylan (as promisee) intended to give Mylan Institutional (beneficiary) the benefit of Zorich's promised performance. Sovereign Bank v. BJ's Wholesale Club, Inc., 533 F.3d 162, 168 (3d Cir. 2008) (applying Pennsylvania law and citing Restatement (Second) of Contracts, §302). Applying this test to the case at bar, the Court finds that Mylan Institutional is an intended beneficiary of the Consulting Agreement between Mylan and Zorich.
The following circumstances compel this conclusion. First, the Consulting Agreement clearly contemplated that Zorich's consulting services were necessary for the acquisition of Bioniche. In this regard, the Consulting Agreement expressly provides that the basis for the agreement is the intended acquisition of Bioniche by Mylan "or one of its affiliates." (Consulting Agmt., Recitals at 1, ECF No. 1-2 at 18.) In addition, the Consulting Agreement provides that Mylan's agreement to retain Zorich was contingent upon the consummation of the acquisition of Bioniche, referred to as the "Closing," and was to commence on the date of the Closing. (Consulting Agmt., ¶1 at 1, ECF No. 1-2 at 18.)
Second, the Consulting Agreement also contemplated that Zorich's performance under the agreement would benefit the "Mylan Companies," which includes Mylan Institutional, the successor entity of Bioniche. In this regard, the Consulting Agreement expressly provides that Zorch agreed to devote his full working time and attention to the business and affairs of Mylan "and its affiliate companies and subsidiaries (collectively, the 'Mylan Companies')[.]" (Id.) In performing his duties as Consultant under the Consulting Agreement, Zorich agreed to "serve [Mylan] faithfully and to the best of [his] ability, and use [his] best efforts to promote the interests of the Mylan Companies." (Id.) Zorich also agreed that for 24 months after the termination of the Consulting Agreement, he would not become employed by a business that competes with the business or products of any of the Mylan Companies, nor would he solicit any clients or employees of the Mylan Companies. (Id. at ¶5(a)-(c) at 4-5, ECF No. 1-2 at 21-22.)
In addition to the Consulting Agreement, factual allegations in the Complaint support the conclusion that the contracting parties intended that Bioniche and/or its successor entity would be the primary beneficiary of the performance of the Consulting Agreement. Specifically, the Complaint alleges that Mylan was induced to acquire Bioniche based, in part, on Zorich's agreement to enter into the Consulting Agreement. (Compl., ¶11.) The Complaint further asserts that Zorich was Bioniche's President of North American operations at the time of its acquisition by Mylan. (Id.) As part of the SPA, Zorich agreed to enter into the Consulting Agreement with Mylan. (Id.) Mylan Institutional, a subsidiary of Mylan, was formed post-acquisition to operate the business of Bioniche. (Id. at ¶¶10, 33.) The majority of Zorich's consulting duties under the Consulting Agreement involved work for Mylan Institutional. (Id. at ¶33.) Moreover, although not asserted in the Complaint, Plaintiffs and Zorich refer to Mylan Institutional as the "successor entity" to Bioniche in their motions and/or briefs. (See, e.g., Def.'s Resp. to Pls.' Mot. to Remand at 6, ECF No. 8; Pls.' Reply Br. at 4, ECF No. 13.)
These facts, when coupled with the above identified provisions in the Consulting Agreement, indicate that at the time of contracting, the parties intended that Bioniche, or its successor entity, benefit from the performance of the Consulting Agreement. Zorich's promised performance was necessary to operate the business of Bioniche post-acquisition and of Mylan Institutional, as the successor entity.
The supreme court's decision in Scarpitti supports this conclusion. In Scarpitti, subdivision homeowners sued the architect retained by the subdivision developer to review and approve construction plans, seeking damages for his arbitrary enforcement of subdivision restrictions. The trial court dismissed the owners' complaint. Affirming the superior court's reversal, the supreme court held that the homeowners had a cause of action as intended third-party beneficiaries of the implied contract between architect and developer. 609 A.2d at 151. With regard to the first prong of the Restatement test, the supreme court found that recognition of a right to uniform enforcement of the restrictions in the homeowners was appropriate to effectuate the intent of the parties, even though the agreement between the architect and developer did not expressly manifest an intent to benefit the subdivision homeowners. Id. In so holding, the supreme court reasoned that the purpose of the contract between the architect and subdivision developer was to make the lots more attractive to prospective purchasers by requiring compliance with the restricted covenants. Consequently, the court found the third party beneficiary relationship was within the contemplation of the contracting parties at the time the contract was entered into. In this regard, the court further found that the future homeowners had the greatest interest in uniform enforcement of the restrictions and primarily benefited from the establishment of the vehicle to enforce the restrictions, i.e., the developer's retention of the architect to review the building plans of prospective lot owners. The court thus concluded that the homeowners reasonably relied upon the promise as manifesting an intention to confer a right on them. Id.
Similarly here, at the time the Consulting Agreement was entered into, Mylan and Zorich contemplated that Bioniche and/or its successor entity would be an intended beneficiary to the Consulting Agreement, because the agreement was predicated upon Mylan's acquisition of Bioniche and Zorich's promise to provide consulting services to the business entity or entities within the Mylan Companies which operated the business of Bioniche post-acquisition. As such, Bioniche and/or its successor entity had the greatest interest in Zorich's performance of his duties under the agreement and primarily benefited from Zorich's promise to faithfully provide his consulting services to the Mylan Companies. Therefore, it was reasonable for Mylan Institutional to rely upon Zorich's promise as manifesting an intention to confer a right of performance on Mylan Institutional. Accordingly, the circumstances here are at least as compelling as those in Scarpitti such that this Court has no trouble concluding that recognition of Mylan Institutional's right to performance under the Consulting Agreement is appropriate to effectuate the intent of the parties.
As to the second prong of the Restatement test, the Scarpitti court held that by establishing a vehicle for enforcing the restrictions, the architect and developer clearly intended to benefit the homeowners who purchased lots in the subdivision at the time they entered into the contract. In reaching this conclusion, the court noted that the architect promised to enforce the restrictions, which carried out the developer's intent that the homeowners benefit from the architect's performance. Id. Of particular relevance here, the court opined that "[a]lthough not specifically named, [the homeowners] were part of a limited class of persons intended to benefit from the agreement between [the architect] and [the developer], thus satisfying the second prong of Guy and subsection (b) of §302 Restatement (Second) of Contracts (1979)." Id. at 151.
Likewise in the case at bar, by establishing the Consulting Agreement, Mylan and Zorich clearly intended to benefit the business entity or entities within the Mylan Companies which operated the business of Bioniche post-acquisition. One such entity is Mylan Institutional. Even though Mylan Institutional was not named in the Consulting Agreement, as it did not yet exist, it was part of a limited class of companies intended to benefit from the agreement between Mylan and Zorich. Scarpitti, 609 A.2d at 151; cf. Sovereign Bank, 533 F.3d at 172-73 (holding that issuer of VISA bank card was intended beneficiary of contract between VISA and bank wherein bank promised VISA that it would ensure that merchants complied with the provision of the member agreement prohibiting merchants from retaining cardholder information. Court of appeals noted that the fact that VISA intended to benefit several members or classes of members did not negate the possibility that it intended to benefit individual issuers such as plaintiff.) Therefore, under Scarpitti, the second prong of the Restatement test has been satisfied here.
Zorich argues that just because he owed obligations to the "Mylan Companies" does not mean that each and every one of Mylan's affiliates is a third-party beneficiary of the Consulting Agreement. In support, Zorich cites Marsteller Cmty. Water Auth. v. P. J. Lehman Eng'rs, 605 A.2d 413, 416 (Pa. Super. Ct. 1992), for the proposition that "the fact that the obligee knows that he will perform the contracted-for services for a third party is not, in itself, sufficient to vest the third party with standing to sue on the contract." However, Zorich's reliance on Marsteller is misplaced for several reasons. First, the superior court applied the Spires test in ascertaining whether Marsteller had standing to bring suit as a third party beneficiary. The superior court never even mentioned the supreme court's decision in Guy, and Scarpitti had not yet been decided at the time of the superior court's decision in Marsteller. Second, the language cited by Zorich is taken out of context, as a close review of the opinion reveals that the superior court was distinguishing the Spires test from the situation in Manor Junior Coll. v. Kaller's Inc., 507 A.2d 1245 (Pa. Super. Ct. 1986), in which the superior court found that a third party lacked standing to bring a cause of action for breach of a verbal contract. Marsteller, 605 A.2d at 416. Finally, the superior court ultimately concluded in Marsteller that based on the averments in the complaint and numerous references to Marsteller in the agreement and in a separate report that was integral to the agreement, Marsteller was an intended beneficiary of the contract. Id. Thus, the superior court's decision in Marsteller actually favors Plaintiffs' position here, not Zorich's.
Zorich further argues that the fact that Mylan Institutional is not named in the Consulting Agreement or was not in existence at the time the agreement was executed supports the conclusion that it was not an intended beneficiary. The Court disagrees for the reason set forth above in its analysis of the similarities between this case and Scarpitti-even though Mylan Institutional was not named in the Consulting Agreement, as it did not yet exist, it was part of a limited class of Mylan Companies intended to benefit from the agreement between Mylan and Zorich. Scarpitti, 609 A.2d at 151; cf. Sovereign Bank, 533 F.3d at 172-73. Zorich and Mylan anticipated that there would be a successor entity to Bioniche at the time of contracting, as evidenced by the statement in the Recitals section to the effect that Mylan or one of its affiliates would acquire Bioniche, and (2) by the use of the term Mylan Companies.*fn7 Thus, based on Scarpitti, the Court finds that although the name of the successor entity was not known at the time of contracting, that does not preclude the Court from finding that Mylan Institutional is an intended beneficiary of the Consulting Agreement.
B. Fraudulent Joinder
Essentially, Zorich argues that because Mylan Institutional lacks standing to sue for breach of the Consulting Agreement, that claim is "wholly insubstantial and frivolous." Thus, Zorich contends that Mylan Institutional was fraudulently joined as a plaintiff in this lawsuit solely to defeat diversity jurisdiction. However, since this Court has determined that Mylan Institutional does have standing to sue for breach of contract as a third party beneficiary of the Consulting Agreement, Zorich's argument must fail.
In further support of his fraudulent joinder argument, Zorich submits that there is no apparent, legitimate reason why Mylan Institutional was named as a party to this action because the signatory to the agreement, Mylan, Inc., is listed as a party/plaintiff, both Plaintiffs are represented by the same counsel, allege identical facts and breach of contract claims against Zorich, and Mylan Institutional is not seeking to enforce any right or any relief that is separate or distinct from what Mylan seeks. In fact, according to Zorich, the only consequence of adding Mylan Institutional as a plaintiff is it operates to defeat diversity jurisdiction.
Plaintiffs respond that Mylan Institutional is a party to this lawsuit for several reasons. First, during the term of the Consulting Agreement, Zorich provided consulting services exclusively to Mylan Institutional-Bioniche's corporate successor, which continued the injectable pharmaceutical business of Bioniche post-acquisition. Second, Zorich, as president and chief executive officer of W.G. Critical Care, is unfairly competing with Mylan Institutional and is in a position to utilize Mylan Institutional's confidential information and to its customers. Third, Bohling, an employee of Mylan Institutional whom Zorich recruited to work at W.G. Critical Care, allegedly downloaded approximately 40 gigabytes of Mylan Institutional's business information to use for the benefit of W.G. Critical Care. Thus, Plaintiffs maintain that Mylan Institutional is a party to this lawsuit to protect its own vital business interests which Zorich and Bohling have endangered by virtue of Zorich's unlawful competition with Mylan Institutional. (Pls.' Reply Br. at 4, ECF No. 13 at 4.)
Also Plaintiffs argue in response that the fact that Mylan and Mylan Institutional are asserting the same claim does not mean that one or both parties are improper plaintiffs or have been fraudulently joined. The Court agrees with Plaintiffs. Cases are routinely brought by multiple plaintiffs asserting identical claims against one or more defendants. The Court is not aware of any rule or case law authority that would preclude this practice, and Zorich fails to point to any such authority.
Plaintiffs next point out the flaw in Zorich's argument that based on their reasoning, Mylan would be able to defeat diversity jurisdiction "by adding any one of its affiliates to a complaint depending on where the defendant resided." (Def.'s Resp. to Mot. to Remand at 5 n. 1, ECF No. 8.) Zorich's argument has not merit as it ignores the additional requirement that in order to survive a motion to dismiss under Rule 12(b)(6), a plaintiff must have a factual and legal basis for its claim. Here, the Complaint does not name just any Mylan affiliate, but rather, names Mylan Institutional, which has standing to assert the breach of contract claim as a third party beneficiary. In addition, the Complaint contains allegations setting forth a factual and legal basis for Mylan Institutional's breach of contract claim against Zorich.
Finally, Plaintiffs counter that Mylan Institutional's claim is not insubstantial or frivolous, as Zorich's alleged breaches of the Consulting Agreement caused immediate and irreparable harm to Mylan Institutional, which was formed to carry on the injectable pharmaceutical business of Bioniche post-acquisition. Plaintiffs allege that the confidentiality of Mylan Institutional's proprietary business information was compromised by Zorich's actions and resulted in a loss of Mylan Institutional's customers and customer goodwill. The Court agrees with Plaintiffs that Mylan Institutional's breach of contract claim is not wholly insubstantial or frivolous. As noted above, the Complaint sets forth a factual and legal basis for Mylan Institutional's breach of contract claim against Zorich. Therefore, the Court cannot find that "no reasonable basis in fact or colorable ground supporting [Mylan Institutional's] claim" exists here.
Because Zorich has failed to prove that Mylan Institutional's claim against him is "wholly insubstantial and frivolous," he has not met his burden of showing that Mylan Institutional was fraudulently joined as a plaintiff in this lawsuit solely to defeat this Court's diversity jurisdiction. Accordingly, this Court lacks subject matter jurisdiction over this action and will order that this case be remanded to state court.
For the foregoing reasons, the Court finds that remand is appropriate because Defendant has failed to prove that the Plaintiffs fraudulently joined Mylan Institutional in order to preclude diversity of citizenship. An appropriate order will follow.
LISA PUPO LENIHAN Chief United States Magistrate Judge
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"The Chinese Zodiac" Chinese zodiac/Feng Shui and more Tip by Sharrie
Chinese zodiac/Feng Shui and more, Hong Kong: 14 reviews and 17 photos
(Excerpts From HKTA)
The Chinese zodiac system commands a certain degree of attention & respect - if not always great faith - among the people of HK. People take notice of it most during the Lunar New Year period, when media commentators give their predictions for the coming 12 months. Astrology itself is actually only one element in a very large & complex belief system that includes <i>fung shui</i>, numerology, magic & the Chinese almanac. However, it is probably the most approachable to the Western mind.
While the lunar calendar itself dates back to 2637 BC, when the Emperor Huang Ti introduced the 1st cycle of this zodiac, just how the astrological system developed out of that calendar is somewhat unclear to historians. Legend has it that the 12 animal signs were created at the time of the Lord Buddha, who one day commanded all the beasts in creation to assemble before him - only 12 responded & were rewarded by having their names given to a specific year. The order in which the animals appeared & their corresponding years are given below.
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created by Examu and published by AQ Interactive, Inc. & Atlus U.S.A., Inc.
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Manuel de Psychiatrie Infantile Generale.
Tramer, M.
• Terms • Ask a Question
Paris, France: Preses Universitaires de France, 1949. 8vo. 476 pp. Some rubbing and scuffing to covers, binding rolled, some light foxing. Text in French. Very Good Trade Paperback (Item ID: 29755)
- More: FOREIGN LANGUAGE: FRENCH
- By This Author: Tramer, M.


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text: What type of listing is this? For Sale What are you trying to sell/buy/trade? Olympus 75mm 1.8 black What are your prices? $539 Where are you located? USA Where are you willing to to ship? USA Description Excellent black Olympus 75mm 1.8. Includes JJC hood, caps, and box. Functions perfectly and looks like new. Payment accepted Regular PayPal (fee included in price) Shipping method UPS Shipping charge included Handling time 24-48hours References here, FM(matsu131) Additional comments Not open to trade offers, Buyer must have a PayPal confirmed address, Will only ship to the address indicated on PayPal payment Acknowledgement I have read and agree to the Buy and Sell rules.


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Aqua Green Cotton Jersey Padded Babygrow
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NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


text:
recklessness in govt
Expose financial recklessness in govt – Tinubu tells Nigerians
The national leader of the governing All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu, has called on Nigerians to speak up against any form of financial recklessness and corruption in high places, federal, state or local administration and wherever it is found, saying such is the spirit of June 12 struggle.
The former Lagos state governor also called for support for the fight against corruption by the President Muhammadu Buhari administration.
Tinubu, in a message he signed yesterday in Lagos to commemorate […]


text:
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text:
Grilled Banana Splits
Total Time
Prep 50 mins
Cook 5 mins
I love to cookout either on the grill or the campfire! Desserts are no exception and are fun to pull off the grill to the amazement of guests. This is a super easy and very yummy dessert that everyone loves! Hope you love it like we do. (Prep time is also for soaking skewers.)
Ingredients Nutrition
- 3 medium bananas, cut in 1 inch chunks
- 1 1⁄2 cups large strawberries, halved
- 1 1⁄2 cups fresh pineapple chunks
- 1 pint good quality vanilla ice cream
- 1⁄2 cup chocolate syrup or 1⁄2 cup caramel ice cream topping (or both!)
- chopped nuts (optional)
- whipped cream (optional)
- maraschino cherry (optional)
- Soak 8 bamboo skewers (at least 6 inches long) in warm water for 30-60 minutes then drain, this will keep the skewers from burning.
- Alternatley thread fruit onto skewers leaving 1/4 inch spaces.
- Over medium heat, place kabobs directly over heat.
- Cover and grill about 5 minutes til fruit is warm and bananas are golden brown, turning so that they dont burn.
- Remove from heat.
- Place 1 scoop ice cream and 2 kabobs in each serving dish.
- Drizzle with the topping of choice and garnish as desired.
- Serve immediately.
Most Helpful
We made these a long time ago in Girl Scouts and I still remember how good they are! A different twist on the traditional banana split is what you'll get. Thanks for bringing this back!