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Baseball: St. Louis Cardinals
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The St. Louis Cardinals are one of the teams in Major League Baseball's National League Central Division.


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1.0 / June 24, 2016
App Information Office Days
- App NameOffice Days
- Package Namecom.pokulan.secretarysive.android
- UpdatedJune 24, 2016
- File SizeUndefined
- Requires AndroidAndroid 2.3 and up
- Version1.0
- DeveloperWojciech Zomkowski (pokulan)
- Installs100 - 500
- PriceFree
- CategoryArcade
- Developer
- Google Play Link
Wojciech Zomkowski (pokulan) Show More...
Alive In Shelter 1.0 APK
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Do you want to know if your Access Point isvulnerable at the WPS protocol?Wifi Wps Wpa Tester is the app that you need!With this app, you can test the connection to AP with WPSPIN.PINs are calculated with many algorithms:-Zhao-TrendNet-Dlink-ArrisAnd others default PIN of MANY Access Point.Then NOT ALL AP ARE COMPATIBLE WITH THIS APP.App needs root permissions for devices with Android version <5.0 ( LOLLIPOP ).For devices with Android >= 5.0 you can test the PINs with thisapp and you can connect, BUT YOU CANNOT SEE WPA ( OR WEP ) PASSWORDWITHOUT ROOT PERMISSIONS.Use this app only with your own AP for do not go against thelaw.
WordPress 6.2 APK
WordPress for Android puts the power ofpublishing in your hands, making it easy to create and consumecontent. Write, edit, and publish posts to your site, check stats,and get inspired with great posts in the Reader. What's more? It'sopen source.WordPress for Android supports WordPress.com and self-hostedWordPress.org sites running WordPress 3.5 or higher.Visit the forums to get help with the app:http://android.forums.wordpress.org
WPS Connect 1.2.2 APK
REQUIRED TO BE ROOT !!!!With this app you'll can connect to WiFi networks which have WPSprotocol enabled. This feature was only available in version 4.1.2of Android.App developed with educational purposes. I am not responsiblefor any misuse.WPS: http://es.wikipedia.org/wiki/Wi-Fi_Protected_SetupWPS Connect is focused on verifying if your router is vulnerableto a default PIN. Many routers that companies install ownvulnerabilities in this aspect. With this application you can checkif your router is vulnerable or not and act accordingly.Includes default PINs, as well as algorithms such Zhao Chesung(ComputePIN) or Stefan Viehböck (easyboxPIN).Tested on:- LG G2- Nexus 5- Samsung Galaxy S3IMPORTANT!!Prior to an assessment, understand that it serves theapplication.
XPOSED IMEI Changer 1.6 APK
ROOT REQUIREDXPOSED FRAMEWORK REQUIREDIF You dont know What is XPOSED Framework then do not try thisapplication (it wont work)Hi Guys,I read about the Xposed framework in xda and other websites.somewebsites have really good tutorials about it.So what I understandis that we can modify a function and its return values using theXposed Framework.I have created and Xposed Module For Changing (MASKING) the IMEINo of the PhoneChange Means How Other Application gets the IMEI No of the deviceusing below codeAs you all know,The Value is not permanent as it is an XposedModule :)XDA-Developers Threadhttp://forum.xda-developers.com/xposed/modules/xposed-imei-changer-t2847187Pro version :https://play.google.com/store/apps/details?id=com.vivek.imeichangerproStepsInstall appEnable module in xposed frameworkCome back to app and enter new valuePress ApplyGo to xposed moduleOpen framework pageDo a soft rebootOpen the appAnd you can see new valuecheck the value by dialing *#06#, you can see the new value
Administrator 1.3 APK
WiFi Master Key - by wifi.com 4.1.57 APK
With a hundreds of millions of free Wi-Fihotspots shared by our users globally, you can connect to freeWi-Fi with WiFi Master Key (by en.wifi.com - LinkSure Singapore)!Search & connect to shared WiFi hotspots indicated by a BlueKey. Easy and safe.THE WIFI MASTER KEY EXPERIENCE- Cost Savings: Save data costs by connecting to free sharedWiFi hotspots.- Easy and Fast: just search for the blue key and tap to connectWiFi!- Safe and Secured: All shared password are not revealed. It isencrypted to protect sharer's privacy and security.- Easy to understand in your own language: Available in 19languages across 223 countries and regions.English,Thai, Bahasa Indonesia, Malay, Vietnamese, SimplifiedChinese, Traditional Chinese TW,Traditional Chinese HK, Japanese,Korean, Portuguese, Spanish, Russian, Arabic,Turkish, Hindi,French, Italian, German...more languages coming soon.Disclaimer: WiFi Master Key is not a hacking tool. It does notassist in unlocking passwords of Wi-Fi hotspots that are not sharedby the users. Hacking is illegal.With our growing community of over 900 MILLION users (Chineseand Global version combined), we aim to build a trusted platformfor everybody to enjoy the Internet. So, come join the world'slargest WiFi sharing community today! If you don't find sharedhotspot yet, don't worry, give the community some time to grow. Weare handling over 4 BILLION connections daily and the number isgrowing rapidly. There will be more and more shared WiFi to helpyou get connected online and surf the Internet free!Rate us to show us your love! It means a lot to keep usgoing!Have a question? Wanna leave a feedback or suggestion? Sure,we'd love to hear them— tell us here or on our Facebook page!https://www.facebook.com/wifimasterkey.Spread the word, and keep sharing WiFi!
Sing! Karaoke by Smule 4.0.7 APK
Sing your favorite hits with audio effects.Sing video duets with featured artists like Jessie J, Jason Derulo,and Linkin Park. Share your covers with our 50M+ global audienceand get fans!Featured by Google Play as Best Apps 2014.-----------Features- Self-recording option with video**- Sing like a star with audio effects!- Share on our global platform - get discovered!- Duet with featured pop artists - Jessie J, Jason Derulo, KylieMinogue, X Ambassadors, OMI, Carly Rae Jepsen, Charlie Puth,Silento and many more**Video availability on different Android devices will beincremental over several weeks. When available onyour device model, video option will appear with no additionalupdate required. Please see the Sing! Android FAQ for theinitial list of devices that offervideo. http://www.smule.com/support/sing#android-----------------------------------------------------New songs added every day. Current most popular on Sing!:** All of Me - John Legend** Flashlight - Jessie J (from Pitch Perfect 2)** I'm Not the Only One - Sam Smith** Like I'm Gonna Lose You - Meghan Trainor, ft. John Legend** All I Want For Christmas is You - Mariah Carey** I'm Yours - Jason Mraz** Thinking Out Loud - Ed Sheeran** Dear Future Husband - Meghan Trainor** When I Was Your Man - Bruno Mars** Let It Go - Idina Menzel (from Frozen by Disney)** Cups ("When I'm Gone") - Anna Kendrick** Stay - Rihanna ft. Mikky Ekko** Love me Like You Do - Ellie Goulding** The Way, Break Free - Ariana Grande** Anaconda, Pound the Alarm - Nicki Minaj** I Won't Give Up, I'm Yours – Jason Mraz** Happy - Pharrell Williams** Eye of the Tiger - SurvivorWant a song that's not yet available? Suggest songs on Smule'sFacebook page: www.facebook.com/smuleWant a song that's not yet available? Suggest songs on Smule'sFacebook page: www.facebook.com/smuleCONNECTING THE WORLD THROUGH MUSIC™ - JOIN THE KARAOKEPARTYFind and follow your friends in Sing!, and meet incredible singersfrom all over the world. Sing your heart out on Solo songs, or joinup with others in Duets or Group songs. Keep up with your friendsand favorite singers, and love and comment on performances to showyour support.BE DISCOVERED! GET FANS!Lots of talents get discovered through our Sing! Karaoke platform.Show off your talent in front of 50M+ global audience and getfansSOUND LIKE A STARSound amazing every time with Sing!'s voice enhancement technology.Use special voice filters to spice up your performance even more.Sing! is a supportive, joyful community where music-making at alllevels is encouraged and appreciated.http://www.smule.comhttp://plus.google.com/+smulehttp://www.facebook.com/smulehttp://www.youtube.com/smulehttp://www.twitter.com/smuleHave questions on a particular permission?http://www.smule.com/support/sing#android
Choki-Choki AR Boboiboy 19.0 APK
Temukan 50 Gamecard karakter BoBoiBoy TheMovie setiap pembelian Choki-Choki bertanda khusus, dan mainkankartunya dengan aplikasi "Choki Choki AR BoBoiBoy".Temukan juga Gold Card (Kartu Emas) yang dapat ditukarkan dengantiket menonton BoBoiBoy The Movie di bioskop-bioskop terdekat.Choki-Choki akan hadir perdana dalam film layar lebar "BoBoiBoyThe Movie".Untuk menambah keseruannya Choki-Choki memberikan gamecard secaragratis dan bisa dimainkan dengan teknologi Augmented Reality yangbisa membuat karakter menjadi hidup.BoBoiBoy The Movie bercerita tentang petualangan seru BoBoiBoydan teman-temannya di pulau misteri tempat tinggal Klamkabot sangtetua pembuat Sfera Kuasa.Di pulau misteri ini BoBoiBoy akan bertemu musuh terkuatnya,yaitu Borara seorang pemburu alien yang mencari kekuatan SferaKuasa untuk menguasai seluruh antariksa. Saatnya pertarungan antaraBoBoiBoy dan alien terkuat seantariksa demi melindungi Sfera Kuasadan teman-temannya.Kumpulkan dan mainkan seluruh karakter baru BoBoiBoy dan paramusuh yang belum pernah dilihat sebelumnya.Feature:• 50 karakter BoBoiBoy & Friend• Lebih dari 10 musuh baru• Pertarungan seru antara BoBoiBoy & Friend dengan musuh-musuhbaru** Minimum Requirement : OS Android 4.4 (Kit Kat), 2GB RAM** Facebook Page :https://www.facebook.com/chokichokiindonesia/Discover 50 Gamecardcharacter BoBoiBoy The Movie Choki-Choki every purchase ofspecially marked, and play cards with the application "Choki ChokiAR BoBoiBoy".Discover also Gold Card (Gold) can be exchanged for tickets towatch BoBoiBoy The Movie in theaters everywhere.Choki-Choki will attend a movie premiere in "BoBoiBoy TheMovie".To add Choki-Choki have fun giving gamecard free of charge and canbe played with Augmented Reality technology that can make thecharacters come alive.BoBoiBoy The Movie tells the story of an adventure BoBoiBoy andhis friends on the island mystery Klamkabot residence elderAuthorization Sfera maker.In this mystery island BoBoiBoy will meet strongest enemy,namely Borara an alien hunter who sought the power Sfera power tocontrol the entire space. It's time to fight between BoBoiBoy andaliens strongest seantariksa to protect Sfera Authorization andfriends.Collect and play BoBoiBoy whole new character and the enemy whohas never seen before.feature:• 50 characters BoBoiBoy & Friend• More than 10 new enemies• intriguing battle between BoBoiBoy & Friend with newenemies** Minimum Requirements: OS Android 4.4 (Kit Kat), 2GB RAM** Facebook Page: https://www.facebook.com/chokichokiindonesia/
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Office Worker Greg grew tired of the dailygrind and needed a change, help him collect various items and solvethe ultimate puzzle to get through the week and find divinehappiness.The aim of the game is to collect all of the Objects for eachday of the week and also collect a Jigsaw piece. As you progressthrough the week the Jigsaw is slowly pieced together.Levels and Objects to collect :- Level 1 ( Monday ) : Post Room ( 10 Letters )- Level 2 ( Tuesday ) : Filing Room ( 10 Folders )- Level 3 ( Wednesday ) : Finance ( 10 Bonds )- Level 4 ( Thursday ) : I.T. ( 10 Compact Discs )- Level 5 ( Friday ) : Reception ( 10 Pens )From Level 3 ( Wednesday ) : Finance to Level 5 ( Friday ) :Reception you are able to collect Paper Clips and Shoot them at anEnd Level Boss and other Characters in the game. Along the way youcan collect Biscuits and Cakes to increase your Energy Levels afterbeing hit. Some Levels may require a bit of thought, but arecompletable. Level 5 ( Friday ) : Reception may prove to be tricky,Shooting Paper Clips at the Reception Staff will encourage them tothrow you the Collectable Object ( Pen ) that you require. Studyeach Level and patterns of the People or Objects, in doing this youwill soon be able to complete each day and hopefully the whole week!Controls :Use 'Arrows' to move, 'Green Button' to Jump and 'Red Button' toFire ( Paper Clips ) when ability is available.Title Screen :You can toggle the 'Music' and 'Sound Effects' by tapping them,when you do so, the wording will change from 'YELLOW' ( Active ) to'GRAY' ( Inactive ).'Tap' the screen where it says 'TAP TO START' and the game willbegin.'Back Button' - This will quit the game.During intermediate screens use the 'Arrow' icon or 'Tap' thescreen to proceed.Music by Bit Shifter and Sound Effects by Phillip Nicholl.Enjoy and have fun !
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subset: commoncrawl


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1.2 miles away
5' x 10' unit
The biggest factor when it comes to storage unit pricing in Laramie is size.
Below are some montly price ranges you can expect to see in Laramie based on different storage unit sizes.
The overall average price of a storage unit in Laramie is $0.
Of those who rented self-storage in Laramie, most booked a 5x10 storage unit.
View all the 5x10 units that are available in Laramie.
Does Laramie student population affect self-storage prices?
Colleges and universities located in or nearby Laramie include University of Wyoming. College students often need storage during summer and winter breaks and can drive prices up during these seasons.
How does seasonality affect Laramie storage prices?
Storage prices in Laramie tend to be somewhat volatile when compared to other cities. Prices can vary by about 1.40 monthly depending on the time of year. Laramie storage prices are highest in April, and lowest in March.


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Blue Slip-on Casual Shoes
Designed in a cool shade of blue in a contemporary style, these casual shoes complete your casual outfit.
- Blue slip-on casual shoes.
- Textured PVC sole.
- Loop at the back
- Faux suede upper material with stitch detailing.
Wear them with a pair of chinos and a checkered casual shirt.Material: Upper: Faux suede |Sole : PVC
Care Instructions
Find the right size
US size
EU size


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Broan RMDD3604 Stainless Steel Elite 30" or 36" Elite Series Downdraft Range Hood with 500 CFM and adjustable controls
Home > Appliance Stop > Range Hood > Downdraft
|Broan, RMDD3604, Downdraft, Stainless Steel, Elite, Range Hood 36 Inch, Interior Blower - Model Rmdd3604Designed specifically to be compatible with most conventional and commercial style cooktops combining a sensational appearance with high performance features. Stainless steel construction on all exposed surfaces provides a durable finish and an unforgettable look.Compact Design Is Installed Directly Behind The Cooktop For An Unobtrusive Appearance. Thin Profile Saves Precious Space Under The CabinetChimney Rises Over 9-1/2 Inches When Activated, Ideal For Large Pots And PansInfinitely Adjustable Control Is Designed To Provide Convenient Access To Govern The Blower Speed For Effective And Quiet OperationOptional Remote Control Will Activate Down Draft From An Alternate LocationHeat Sentry Adjusts Speed Of Blower To High In Case Of Excess HeatDishwasher-Safe Filters Are Easy To Remove And Feature A Stylish Brushed Stainless Steel Appearance For A Professional LookUnique Ducting Capability Allows The Internal Or Remote Blower Connection To Be Ducted To The Left, Right Or Downward (From Left To Right)
UPC: 26715151769 by Broan Part Number: RMDD3604


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With a stay at Kayise Lodge in Ermelo, you'll be in the suburbs and minutes from Ermelo Mall and Ermelo Catholic Church. This lodge is within close proximity of Ermelo Town Park.
Stay in one of 40 guestrooms featuring flat-screen televisions. Rooms have private balconies or patios. Satellite television is provided for your entertainment. Conveniences include desks and coffee/tea makers, and housekeeping is provided daily.
Make use of convenient amenities, which include complimentary wireless Internet access and barbecue grills. Guests can catch a ride to nearby destinations on the area shuttle (surcharge).
Enjoy a satisfying meal at a restaurant serving guests of Kayise Lodge.
Business, Other Amenities
The front desk is staffed during limited hours. Guests may use a roundtrip airport shuttle for a surcharge, and free self parking is available onsite.


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Puzzing's concept is very simple yet it enthralls. To score you need to move the matching game elements together and make them disappear.
Either scripts and active content are not permitted to run or Adobe Flash Player version
13.0.0 or greater is not installed.
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|Property type
|Minimum Stay
|7 nights
Sunset Captiva 44 is a deluxe single-family home situated on beautifully landscaped grounds in the village of Captiva.
You can park your car when you arrive and walk everywhere you'll need to go - from the magnificent beaches to restaurants and shopping. Our home has been completely remodeled and features a gourmet kitchen, 2 bedrooms plus an enclosed loft with twin beds, 2 bathrooms, a private office with a new computer and wireless internet access, and a large screened lanai with comfortable new furniture.
Relax on the porch after a day spent enjoying the beach, playing tennis, swimming in the heated pool or going fishing from our community dock. We provide beach towels, coolers, umbrellas and beach chairs. Captiva Island has some of the finest beaches anywhere. Come enjoy the beautiful weather, calm water, clean white sand and shell covered coastline which make this area a true paradise.
Keywords: Home
We fell in love with Captiva the first time we visited. We feel so lucky to have a home here and to spend part of the year in this beautiful part of the world. The island is very special to us. Our children were married here and we love spending time with our grandchildren on the beach. When we aren't here we are in Colorado enjoying the mountains.
Ginny Reiss purchased this house in 1999
We think that vacationing in Captiva is better than being on any Caribbean island. The beaches are beautiful and you're close to both the gulf as well as the bay.
Life is easy and relaxed in Captiva and we've met so many wonderful people who come year after year. Captiva is a magical place - with sensational sunsets!!
We had such a wonderful time staying in this home! Our group consisted of 4 adults and 2 children, and we all loved this house. It was furnished very comfortably and had a very beachy feel, which we love. We cooked a lot of meals at home and found the kitchen had everything we needed. I loved having a washer and dryer in the house, as well as the outdoor shower for rinsing off sand and salt water. We usually stay on Sanibel, this was our first time staying on Captiva, and we could not have been more pleased with our experience. We spent a lot of time relaxing in my favorite spot, the large lanai, and my husband and son played catch in the grassy yard.The neighborhood has a very nice pool, tennis courts, gas grills, and a wonderful boardwalk to the ocean. The beach is a 2 minute walk from the house. The location could not be better-we walked to The Mucky Duck, RC Otters, and Cantina Captiva for several meals. We watched the sunsets nightly from the beach and saw more dolphins playing in the shallow surf on this trip than all my previous visits to the islands combined! We also had a great "front row" seat from the beach for Tween Waters Inn's annual firework show, which was amazing. We drove over to Sanibel for several meals (Sanibel Fish House is our absolute favorite) and shopping, and hiked the on Bailey Tract, where we normally catch a glimpse of an alligator. This time, however, a Florida bobcat walked right out onto the trail in front of us! Owner Ginny was very receptive and answered any questions promptly. We will definitely stay here again!
My wife and two children (12 and 9) stayed here for a week in June 2013. The pictures and description were very accurate and might not even do it justice. It is a very nice place for a family to spend a week. The Sunset Captiva community is a quiet place, very nice community pool within a 2 minute walk of this home and it is not overcrowded at all at the pool. The gas grills are very well maintained that accompany the pool area and there is a nice boardwalk that leads from the pool to the beach. The beach is great as there are some waves, but not anything overwhelming. Very laid back beach, tons of shells and nice sand.
The home itself is well decorated and has all the amenities you would want. Terrific covered and screened deck with a lot of seating to relax and sip a cocktail in the evening.
This was our third time in Captiva and it is a great place to stay. We sea kayaked, parasailed, fished the flats on the bay side and spent everyday on the beach. Tip: rent a golf cart to get around. Much more fun that a car, even though you could literally walk to all the restaurants from this home. We plan to be back and this home will be first on our list of places to choose from.
The house was everything we expected AND MORE! Captiva Island is a great place to relax or get as active as you wish. We love the beautiful and relaxing decor of the home, and the pool and tennis courts are right out the door. Begin each day reading the paper or a good book relaxing on the private screened porch. If you just can't avoid work, the brand new office is great and the view from your desk keeps you in a Florida state of mind. The wonderful beach is literally 3 minutes away. There would have been no problem eating each meal at the home, but there are so many restaurants within walking distance that we loved mixing our routine through the week. As for the restaurants; you can choose one where your swimsuit is all you need, or enjoy white table cloth dining, again, all within minutes from Sunset Captiva. Jump in your car and the choices multiply. Para sailing and fishing provide great water experiences. However, the best part of your vacation is knowing you have a beautiful home to return to.
My wife an I are truly "raving fans!" We plan to return again and again.
The home was just as it was on the website. Beautiful, roomy, very clean and so close to everything. The owners were very easy to work with and were helpful in directing us to many good restaurants, where the shopping was and and also where we could rent bikes. The home also included many extras. We didn't have to worry about packing beach chairs, towels, toilet paper, paper towels, spices and other kitchen items. We would go back there in a heartbeat! The area is so beautiful
This is a great house on a great island. Wonderful place to relax. The beach is beautiful and, just as the ad says, a very short walk away. Restaurants in the area run the gauntlet from very casual to fine dining.
There are many activities to keep you as busy as you like.
I'm sure I'll go back for a "return engagement."
Captiva is a small community located between the Gulf of Mexico and San Carlos Bay. Visitors have beach access as well as bay access. In our community we also have a beautiful swimming pool and two newly surfaced tennis courts. We are very close to Ding Darling National Wildlife Refuge which is a great place to visit.
|Rate Period
|Weekend Night
Summer/ Fall
Jun 4 2016 - Dec 17 2016
7 night minimum stay
Dec 18 2016 - Apr 29 2017
7 night minimum stay
Apr 30 2017 - Dec 16 2017
7 night minimum stay
My Standard Rate
7 night minimum stay
|Refundable damage deposit


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The Arizona Department of Health Services has released the final version of the state's medical marijuana regulations, after nearly five months of writing and rewriting drafts of the rules following the passage of Proposition 203 in November.Read More »
Senate to vote on abortion selection measure
The Arizona Senate votes Monday on a bill to prohibit abortions sought because of the race or sex of the fetus or the race of a parent.Read More »
Final state rules will aid rural pot shops
Since voters passed Proposition 203 in November, the Health Department has been racing against the clock to get rules and regulations in place that will guide Arizona's medical marijuana program. In an interview with the Arizona Capitol Times, Will Humble, the department director, previewed some of the changes coming in the final rules concerning one of the most contentious parts of the rules: how dispensary licenses will be distributed.Read More »
Pinal turns down tribal pot request
Pinal County supervisors are rejecting a call by Gila River Indian Community officials not to locate pot dispensaries within a mile of their borders because the tribe doesn't recognize medical marijuana.Read More »
Arizona House to consider abortion bills Monday
Two bills scheduled to be considered Monday by the Arizona House would impact the state's largest abortion provider, Planned Parenthood Arizona.Read More »
Lawmaker: Protect employers with medical marijuana law on the way
Now that Arizona voters have approved the use of medical marijuana, employers need new ways to deal with employees who are impaired for any reason, a state lawmaker said Tuesday.Read More »
Even without controversial blunt wraps provision, tobacco bill still fails in Senate
At first, Sen. Michele Reagan, R-Scottsdale, thought her fake ID and "blunt wrap" bill would sail through the Senate. But that second part landed the bill in the middle of an ugly feud between a national group of cigar manufacturers and one of its members.Read More »
Health Department's new medical-pot proposed regs ease patient-physician relationships, open door to wholesale market
The Health Department on Monday signaled an eased stance on several components of Arizona's new medical marijuana law, with the release of the second draft of the proposed rules for the yet-to-be implemented system.Read More »
Lake Havasu considering medical marijuana issue
Lake Havasu City officials are deciding where they should place a medical marijuana dispensary.Read More »
Lung Association gives Arizona failing grade for anti-smoking efforts
Though Arizona consistently earns high marks for its smoke-free air, the state's ratings for coverage of smokers trying to quit slid to an F in the American Lung Association's 2010 report card.Read More »


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Hi Guys,
Lots of Eye catching Stuff are already upload on the dribbble that was made in Sketch,So i decided to take part in that aswell.
First Of all this Software is AWESOME.This is my first try to sketch...(have been playing with this software more then 4 hour) feels so good.
Now i'm going to start designing for iOS in sketch aswell.
Stay tune for that aswell. :)
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Die-hard shoppers wait all year for the day after Thanksgiving. They are the ones crawling out of bed in the pre-dawn darkness and frigid temperatures to be part of a retail free-for-all that incites normally rational human beings to act like Vikings raiding a big-box village in a quest to claim a plastic prize at a 50 percent discount. They are the ones who spent Thanksgiving poring over advertising inserts like generals mapping out a battle campaign. They are the ones who will be sound asleep by 4 p.m. on Friday afternoon, a sense of accomplishment tucked next to that last Wii game they got to first, with the help of a quick elbow to the ribs of that grabby teenager.
According to the National Retail Federation, an estimated 138 million people are planning to hit stores during the holiday weekend, up from 134 million last year.
But on the other end of the spectrum, groups around the world will be using this weekend to protest abject consumerism. In Boise, as well as the rest of the country, Friday, Nov. 26 is Buy Nothing Day, and events will be going on throughout the day in direct contrast to the Black Friday shopping frenzy.
Local event organizers are planning to start their day at 11 a.m. (allowing plenty of sleep-in time) at the Anne Frank Human Rights Memorial, where participants are asked to show up wearing shirts covered in anti-consumerism slogans. The group will then travel via bicycle (while hopefully wearing a few layers of thermal underwear) to Boise Towne Square Mall, where they wander about acting and dressing like "consumer zombies" (and assuredly making fast friends with the mobs of shoppers they're mocking.)
At 2 p.m., the group will bike back to Boise, where they will have a vegan picnic in Julia Davis Park beginning at 3 p.m., followed by zombie tag in BODO.
Those of us who can't commit to either the retail or anti-retail path will be the well-rested ones sipping warm beverages next to the fire and appreciating our still-full bank accounts.
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Tickets to Dinosauria Experience
Miami Beach Convention Center | Ft. Lauderdale Convention Center • Miami, FL
April 11, 12, 13, 18, 19, or 20
What you get
- Choice of Two or One Single-Day Tickets
- See Life-Size Animatronic Dinosaurs in Their Natural Habitats
- Pan for Gems, Pose for Photos, Walk a Dinosaur & Play on Huge Inflatables!
Hear the roar of life-size animatronic dinosaurs, walk through these moving dinos and their habitats, watch the fire-breathing dragons, and pose for photos with characters straight from your favorite fairytales when you use this deal for tickets to Dinosauria. A full-day experience filled with larger-than-life dino exhibits, a huge playground of inflatables, the walk-a-dinosaur exhibit, panning for gems, face painting, and even a giant T-Rex bouncy slide, your kids won't know where to look first. Enjoy the prehistoric attractions at your own pace, bring a camera, and see it all -- you'll make memories that will never become extinct. Visit the Miami exhibit on April 11, 12, or 13; or stop by the Ft. Lauderdale setup on April 18, 19, or 20.
Choose from the following offers:
• $20 ($30 value) for two single-day tickets
• $10 ($15 value) for one single-day ticket
Dinosauria Experience's Website
Fine printREFUND POLICY: This event is nonrefundable. No full or partial refunds are given to customers who miss an event. In the event of a cancellation, your voucher will be fully refunded • The deal is valid only for tickets on the date[s] of the event as listed and may not be exchanged or redeemed for any other dates • Tickets required for ages 2+ • Fort Lauderdale show is held on the cruise port grounds; ages 17+ must show valid ID • Purchaser may change the name of the individual retrieving tickets up to 24 hours in advance of event via the LivingSocial website event details section; no name-changes or alternate pick-ups permitted without notice at venue • Entire value must be used in a single visit
Other conditions apply
Except where noted in the fine print:
• Cannot be combined with any other offer or promotion
• Tax and gratuity are not included
• Merchant is responsible for the quality of the products or services provided to you at redemption
• LivingSocial Terms and Conditions - https://m.livingsocial.com/terms
Tickets to Dinosauria Experience
times for
More upcoming events
use by Jan 12
Miami Gardens, FL
Holiday Ticket to "KURIOS" by Cirque du Soleil
Under the Big Top Next to Miami Dolphins Stadium
use by Jan 14
Sunrise, FL
Ticket to Florida Panthers Pro Hockey Game
BB&T Center
use by Apr 23
Early Bird Tickets to "Shen Yun"
Multiple Locations
use by Jan 8
Paint Nite Painting Event at Bar or Restaurant
Monday Dec 12 through Saturday Dec 31
Orlando, FL
Ticket to Blue Man Group
Blue Man Group Theatre at Universal Citywalk
use by Feb 26
Miami, FL
Ticket to Harlem Globetrotters at AA Arena
AmericanAirlines Arena
Saturday Dec 17
Lauderhill, FL
Entry for 1 to the Insane Inflatable 5K
Central Broward Regional Park
use by May 27
Miami, FL
VIP Ticket to Señor Frogs Drag Brunch
Senor Frogs - Miami
Nearby deals
Sunrise Balloons Miami
Hot Air Balloon Ride Package for 2
Elements Massage
90-Minute Swedish or Deep-Tissue Massage
5 Days of Meal Delivery: 15 Meals Total
50 Units of Dysport or Syringe of Restylane Filler
Primitive Nutrition
Five or Ten Weekdays of Meals With Snacks
Bamboo Beach Club & Tiki Bar
Cabana Rental for 4 and $50 for Food and Drink
Miami Skydiving Center
Weekend Tandem Skydiving
GuyandGirl Spa at the Mondrian South Beach
Hot Stone Therapy Massage or Zen Facial


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See Also:
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Merchants NY Cigar Bar Closing For Renovation
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Thursday, December 1, 2016
Tatuaje's Pete Johnson And His Crew Are Lost
Tuesday, November 29, 2016
Cigar Aficionado's October 2016 Tasting: 11 Cigars To Smoke Right Now
- More from News & Features
General Cigar Brings Six-Pack of Punch to Tailgate Party
Posted: October 18, 2012
football season continues to heat up, General Cigar Co. is tapping into
the tailgate market, offering half a dozen Honduran-made Punch cigars,
along with a cigar cutter and bottle opener, all delivered in a package
designed to look like a classic six-pack of beer.
The pack retails for $24.99 and includes these six smokes: Punch Champion, Punch Double Maduro Champion, Punch Rare Corojo Champion, Punch Grand Cru Maduro Robusto, Punch Elite Robusto, and Punch Deluxe Robusto.
From now until December 28, General will also be giving away one six-pack each day, plus a grand-prize winner will receive five boxes of Punch cigars, a Char-Broil Grill2Go grill, gift cards to StubHub and the Chicago Steak Company, a tailgate lounger, a game table and a branded lighter and ashtray.
Details are available at www.punchcigars.com.
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Incredible: Can this Magician Be in Two Places at Once?
This magician knows how to make you gasp in shock!
He Used to Be a Marine. Now He's an Incredible Magician!
With just a handful of small props this magician was able to shock the whole crowd.
Classic Performance: The `Smoking Magician`!
Tom Mullica is one of the most celebrated magicians and comedians in the world, and is known for his amazing cigarette tricks. Also, his great sense of humor and showmanship make for a very entertaining show!
It's a Magical Comedy - Great Performance!
A great all-rounded performance by a kid magician who has a flair for dry humor!
These Magical Illusions Will Leave You Gasping!
Celebrated Dutch illusionist Hans Klok is running against the clock while performing his illusions faster than he ever did!
Don't miss this incredible performance!
Who Said Brilliant Music and Brilliant Humor Don't Mix?
This performance is both beautiful and VERY entertaining!
The Most Unbelievable Acrobatic Display in History!
What happens when dozens of acrobats work together to create a human net? Utter magic is what happens.
This Performer is Going to Take You on a Magical Adventure
A magical act that quickly made its way to my favorites' list.
These Terrified Me, Until I Saw What They Can Do.
This video really surprised me, now I'd like to see more tiny performances like this one!
The Amazing Nami and Pepper!
When Nami and Pepper were brought home about 8 months ago, the owners had no idea that they could be taught tricks. ...
Hilarious: This Mother's Christmas is a Riot! (Rude)
A hilarious Christmas with one of the funniest characters on television!
Trick-Mousing - Amazing and Adorable!
Mice are much cleverer than most people believe, and they easily respond to training, as long as you use positive reinforcement, or in other words - reward them frequently for their behavior with food. Happy mice that get rewards are easily trained
Dare to Dance on a Bicycle like this Girl Does?
I've never seen bicycle skills as good as hers. What a talent!
André Rieu Adds Humor to His Amusing Musical Performance
The audience got a hilarious surprise while watching André Rieu's performance, and I'm sure it will brighten your day!
Classic Comedy: The Case of the Troublesome Sandwich
Among all the hundreds of hilarious Mr. Bean sketches, this is one of my all time favorites
The Haunting, Surreal Song of the Erhu Played By a Master
A beautiful and touching Erhu Performance
These Guys Are Poetry In Motion. Wow.
This incredible show is performed by one of the stars of Cirque De Pekin, an amazing Chinese group which rivals even the stars of Cirque De Soleil! In this performance, he will show what true balance and concentration are all about, as well as amaze
Have You Ever Seen a Dog THIS Smart? Incredible!
This genius dog loves helping around the house!
Duo Artemiev - Beautiful Trapeze Performance!
these dual performers, the 'Duo Artemiev', offer a great trapeze number which is both beautiful and impressive, not to mention their original invention. It is a graceful, gentle and fascinating performance!
The Telekinetic Girl - Wow!
What would YOU do if you saw this?
Il Divo Gives an Operatic Hallelujah that Will Take You to Heaven
Have you ever heard Hallelujah sung with operatic skill? The result is a performance you'll never forget...
No Limits, No Gravity - Extraordinary!
Breakdancer,contortionist,acrobat, this man took all of this and made it into one incredible display of agility, skill and beauty of the human movement and form. His stage name is 'Karimbo' and he's going to wow you in a few seconds. His love of move
It's a Kind of Kissing Magic!
It's a kind of magic... that requires kissing too!
Classic Comedy: Mrs. Brown and Her Naughty Situation
We come back to our favorite foul mouthed lady in this hilarious sketch.
Classic Comedy: Getting Rid of Who?? (Bad language)
I can't stop laughing at this hilarious scene...
Akihiro Yanai - World's Best Juggler?
If you're like us, you probably think you've seen all there is about ball juggling, the basic form of juggling. That is, until you see this young Japanese man, Akihiro Yanai, raising it to a whole new level...
Walking On Air - Amazing Performance!
Alonzo "Turf" Jones Over Came Overwelling Odds To Amaze The Judges When He Does An Amazing Extream Hip-Hop Contortionist Dance.
Hilarious Sketch: The Great Piano Concerto
This hilarious sketch by a classic comedy duo puts you in the middle of the worst execution of a concert imaginable.
Classic Comedy: About the Importance of Stuff
One of the funniest and smartest comedy routines in history!


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Grey Tennis Tops & Sleeveless from Wilson for Women(1 Product)
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Summer Strappy Tank Top Women - Grey
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The crossed out prices are the RRP.


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Commanding breathtaking views from its position in the hillside, Gwndwn Melyn is a large detached country cottage providing a perfect isolated, rural retreat and is set at the end of its own private lane. It has been furnished to a very high standard and tastefully decorated. From this fabulous holiday cottage guests can take in the views from the large enclosed garden or explore the countryside which is ideal for hikers, bird-watchers and horse riders. Although isolated, Gwndwn Melyn is only 2 miles from Tregaron, a picturesque country town with good amenities. On-site stabling is available for guests' horses if required at cost. Shop and pub 2 miles.
Spacious living/dining room with wood-burning stove. Spacious, well-equipped, farmhouse-style kitchen with Rayburn, electric cooker, breakfast area and tiled floor. Utility. Sun/drying room. Bathroom with toilet. First floor: Two double bedrooms. Twin bedroom. Shower room with toilet.


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If you are looking for an easy going, sweet, mellow companion look no further than Buttons. He is a 7-year-old, 16 pound Shih Tzu that came to POMDR after his guardian passed away. He's great both at home and out in public. Kids, adults, bikes, strollers, dogs - he is friendly and appropriate with all. He might even do well with a dog-savvy cat, although he will joyfully chase one that runs. His foster moms have taken him to the beach, brew pubs, restaurant patios, and he has behaved like a perfect gentleman every time. He doesn't do a lot of male urine marking so he's safe to take into dog friendly stores.
Buttons is very trusting and will let you bathe him or medicate him willingly. In fact his Vet said that Buttons was one of the gentlest, easiest dogs he's ever treated. He has the typical little dog issues - dry eye, ears and skin that are prone to itchy allergies - so he needs daily eye drops, allergy meds, and a limited ingredient dog food that is easily bought at most pet stores. Luckily he doesn't mind being medicated and submits with great patience so treating him is easy.
He walks beautifully on leash. One walk a day seems to be enough exercise for him, although he could stand to lose a little weight and would welcome more outings. He is a nice mix of affectionate and independent. He doesn't demand constant attention, but also appreciates his spoiling time. He loves being with his people. Probably his biggest talent is sitting beside you watching TV, especially programs with animals in them. He is a funny little character with a preference for ice cubes in his water. He still sleeps with a stuffed animal that he has had since he was a puppy. He puts himself to bed and sleeps through the night in his crate but would much rather cuddle with you on the bed. Low key, adorable, Buttons is going to make some lucky person very, very, happy.
Buttons came to us came to us with Bandit (also available for adoption) after their guardian passed away.


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Doctor insights on:
Transvaginal Ultrasound Cancer White Spots
Do white spots on a transvaginal ultrasound suggest cancer?
Not necessarily : Can't render an opinion without a better description of the findings. ...Read more
Sonogram (Definition)
The sonogram is a test that looks at body organs with no radiation. It uses sound waves and can give us a 2 dimensional view of organs such as the kidney, liver, heart, and lungs. It can define spaces that are either solid or full of fluid. I can also guide large needles into an organ or near the spine, and can help define the area being cut open. Its a ...Read more
What types of cancer does a transvaginal ultrasound check for?
Ovarian cancer: The common reason for doing this test is to look for any masses in the ovaries. ...Read more
Is it possible for doctors to see cancer in transvaginal ultrasound?
Possible; not likely: Transvaginal ultrasound (tvus) is more sensitive in evaluating pelvis anatomy. One could 'see' smaller tumors with tvus, however this does not indicate ability to distinguish malignant from benign tissue, which requires pathologic microscopic evaluation. ...Read more
Does this mean that the transvaginal ultrasound does not catch ovarian cancer on time before it spreads?
Only a small : Percentage of ovarian cancers are found by accident on ultrasound before they spread outside of the ovary. ...Read moreSee 1 more doctor answer
Could the transvaginal ultrasound not catch ovarian cancer on time before it spreads to other organs?
Ovarian Cancer: Ultrasound imaging is at best a crude screening tool to detect micrometastases, and while it is excellent for detecting sizable masses, it cannot see tiny nests of tumor cells that might have spread beyond the ovary into the pelvis or abdomen. More sophisticated imaging studies, such as MRI and ct scans, combined with diagnostic sampling of tissues and fluids, are better at detecting cancer spread. ...Read moreSee 1 more doctor answer
Can a transvaginal ultrasound detect cervical cancer?
speculum and : Direct visual appraisalpap smear and cytology are the usually means diagnosto detect cervix cancer. Trans vaginal ultrasound appraises intrauterine an and paria:metrial uterine content...Staging not diagnosis. ...Read more
Would cancer show up on a obstetric transvaginal ultrasound?
Possible: Manifestations of abdominal spread of malignancy like ascites (fluid) or masses could be detected on a tv exam. ...Read more
Transvaginal ultrasound for ovarian cancer what are they looking for?
How the ovaries look: They are looking for how the ovaries look in terms of size and shape generally. ...Read more
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June 3, 2009
ST. MARK'S PLACE HOUSING COMPANY, INC.; ST. MARK'S PLACE ASSOCIATES; STELLAR CP LP; AND CASTLETON GP LLC, PLAINTIFFS,v.UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND ROY BERNARDI, AS ACTING SECRETARY OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEFENDANTS.
Memorandum Opinion
The plaintiffs bring this case pursuant to the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-06 (2006), seeking a declaratory judgment, Complaint ("Compl.") ¶¶ 48-56, injunctive relief, id. ¶¶ 57-58, and an order of mandamus, id. ¶¶ 59-64. Currently before the Court is the Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants' Motion to Dismiss.*fn1 For the reasons set forth below, the Court will grant the defendant's motion.
I. Background
A. Underlying Facts
The plaintiffs in this lawsuit are the intended buyer and seller on a contract to transfer ownership interest in a multifamily housing project in Staten Island, New York, known as the Castleton Park Apartments (the "Apartments"). Compl. ¶¶ 4, 11. The intended sellers, St. Marks Place Housing Co. ("The Housing Company") and St. Marks Place Associates, are respectively a limited profit housing company organized under the Private Housing Finance Law of the State of New York, id. ¶ 4, and a limited partnership organized under the laws of the State of New York, id. ¶ 5. The Housing Company is the nominal owner of the Apartments and currently holds title to the Apartments for the benefit of St. Marks Place Associates. Id. ¶ 4.
The Housing Company purchased the Apartments in 1974 with a non-insured mortgage loan of $19,715,000 made by the New York State Housing Finance Agency ("NY Finance Agency"). Id. ¶ 16. On October 13, 1977, the mortgage was refinanced and divided into a "HUD-insured Section 236-assisted" senior mortgage of $17,629,100 ("Mortgage Note"), and a "non-insured Section 236-assisted" junior mortgage of $3,360,900, under the authority of Section 207 of the National Housing Act ("NHA"), 12 U.S.C. 1713 (2006), and pursuant to Section 223(f) of the NHA, 12 U.S.C. 1715n(f) and 24 CFR § 207.32(a)(k) (1977). Id. ¶¶ 18-19; Pls.' Opp'n, Exhibit ("Ex.") B ("Mortgage Note" or "Note"). The first page of the Mortgage Note contains the following paragraph:
Privilege is reserved to pay the debt in whole or in an amount equal to one or more monthly payments on principal next due, on the first day or any month prior to maturity upon at least thirty (30) days' prior written notice to the holder.** If this debt is paid in full prior to maturity and while insured under the National Housing Act, all parties liable for payment of this debt hereby agree to be jointly and severally bound to pay to the holder hereof any adjusted premium charge required by the applicable Regulations.
Id. The double asterisk at the end of the first sentence references a footnote that reads: "**Subject to the prior approval of the Secretary of Housing and Urban Development." Id.*fn2
In May 2006, the shareholders of the Housing Company and St. Marks Associates (identified collectively in the parties' filings as the "St. Marks Plaintiffs"), jointly as the intended sellers, entered into a contract with Stellar CP LP and Stellar Castleton GP LLC (identified collectively in the parties' filings as the "Stellar Plaintiffs"), jointly as the intended buyers, in which the St. Marks Plaintiffs agreed to sell their beneficial interest in the Apartments and all of the outstanding stock in the Housing Company to the Stellar Plaintiffs. Compl. ¶ 11.
The contract was drafted so the Apartments could be withdrawn from the "Mitchell-Lama" Program, a program authorized under Article II of the New York State Private Housing Finance Law (the "PHF Law"). Id. ¶ 12. The PHF Law "encourage[s] [private enterprises] to invest in companies regulated by law . . . and engaged in providing . . . housing facilities . . . for families or persons of low income." N.Y. Priv. Hous. Fin. Law § 11 (McKinney 1987). To withdraw from the Mitchell-Lama program, a participant must extinguish any government subsidized or assisted mortgage debts and dissolve or reconstitute the limited profit housing company that owns the housing development. Id. § 35(2)-(3); Compl. ¶ 15.
In four separate letters dated December 1, 2006, March 30, 2007, July 31, 2007, and November 30, 2007, the plaintiffs attempted to notify the defendants of their intention to prepay the Mortgage Note. Compl. ¶ 32. At the request of the defendants, the plaintiffs provided a written summary explaining why they believed the defendants' consent to prepayment was not required. Id. ¶ 33. According to the plaintiffs, in June 2007, HUD's Office of the General Counsel advised HUD's Secretary's office that Section 250(a) of the NHA, which subjects mortgage prepayment to restrictions determined by the defendants,*fn3 did not apply to the prepayment restriction contained in the Mortgage Note. Id. ¶ 34. In September 2007, the plaintiffs' counsel met with HUD's General Counsel to discuss the plaintiffs' intent to prepay the Mortgage Note and argue why Section 250(a) did not apply to their Note. Id. ¶ 35. On October 11, 2007, HUD's Office of the General Counsel again allegedly advised HUD's Secretary's office that it had concluded that Section 250(a) was not applicable to the plaintiffs' Mortgage Note. Id. ¶ 36; Pls.' Opp'n at 8 & Ex. C (Memorandum from Millicent B. Potts to Beverly J. Miller). After HUD's Office of the General Counsel allegedly advised the Secretary's office for the second time about the inapplicability of the prepayment requirement, the Secretary met with New York Senator Charles Schumer, who purportedly conveyed to the Secretary his belief that the Secretary's approval was required and that Section 250(a) applied to the plaintiffs' Mortgage Note. Compl. ¶ 37; Pls.' Opp'n at 8-9 & Ex. D (Press Release from the Office of Senator Charles Schumer (D-NY)) at 1.
On December 20, 2007, the defendants notified the Housing Company that because prepayment of the Mortgage Note was conditioned on the approval of the Secretary, the plaintiffs' prepayment was "subject to the restrictions of Section 250(a) of the NHA," and their prepayment request had been denied because the intended prepayment had not met the restrictions of this statutory provision. Compl. ¶ 39; Defs.' Mem. at 9 & Ex. A (Letter from Teresa M. Bainton to Jean-Pierre Vaganay). The plaintiffs were advised that the Section 250(a) restrictions required: (1) that 150 days notice must be given to the residents of the Apartments, (2) that the plaintiffs "must provide a minimum of $15,000 per unit in repairs/rehabilitation or replace two or more major building components" with funds in escrow at the time of prepayment approval, and (3) that the plaintiffs would have to"execute a rental use agreement that will be recorded in first lien position on the property until what would have been the maturity date of the first mortgage, November 1, 2017." Defs.' Mem. at 9 & Ex. A (Letter from Teresa M. Bainton to Jean-Pierre Vaganay). Not agreeing with the defendants' positions, six weeks later, on February 1, 2005, the plaintiffs filed this lawsuit.
B. The Mitchell-Lama Program
In 1955, the New York State Legislature enacted The Limited-Profit Housing Companies Act, also known as the Mitchell-Lama Program. See N.Y. Priv. Hous. Fin. Law § 11. The program was designed to encourage the development of affordable housing for low to middle income tenants. Id. By offering financial incentives to developers, including the option to prepay mortgages, the New York State Legislature hoped to encourage developers to build rental or co-op apartments in spite of the lengthy time constraints on when such developers could sell their property. See generally id. §§ 11-37. The New York State Legislature contemplated that projects developed and operated under the Mitchell-Lama Program might be established in conjunction with assistance from the Federal government. Id. § 11-a. Here, the Federal government became associated with the property at issue as a result of insuring the refinancing of the Mortgage Note under the authority of the National Housing Act.
C. The National Housing Act and the Funding of the Housing Company Loan
The National Housing Act was enacted by Congress in 1934 to address its concern about the declining national stock of affordable housing. Pub. L. No. 73-479, § 1, 48 Stat. 1246 (1934). In 1961, Congress amended the Act to "enable private enterprise to participate to the maximum extent in meeting the housing needs of moderate-income families." S. Rep. No. 87-281, at 4 (1961), as reprinted in 1961 U.S.C.C.A.N. 1923, 1926. Section 236 of the National Housing Act, as amended in 1968, authorizes the Federal government to subsidize interest payments as a financial incentive to private investors to create additional low income housing. Pub. L. No. 90-448, § 201, 82 Stat. 476, 498-501 (1968); see Cienega Gardens v. United States, 503 F.3d 1266, 1270 (Fed. Cir. 2007).
The Housing Company was organized pursuant to the Mitchell-Lama law. In 1974, St. Marks obtained a noninsured mortgage loan from the NYSHFA for the development of what became the Castleton Park Apartments, an affordable housing project located in Staten Island, New York. This loan, of approximately $20 million, was subsidized by HUD under Section 236 of the NHA, 12 U.S.C. § 1715z-1.
In 1977, the St. Marks loan was refinanced, and at the same time was divided into two parts. The first part consisted of a senior mortgage loan, in an original amount of $17,629,100, insured by HUD under NHA Section 207, 12 U.S.C. § 1713(b), pursuant to NHA Section 223(f), 12 U.S.C. § 1715n(f). The second part of the refinanced loan consists of a noninsured subordinate mortgage loan in the amount of $3,360,900.
Defs.' Mem. at 7-8.
II. Standard of Review
On a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), courts must construe the allegations and facts in the complaint in the light most favorable to the plaintiff and must grant the plaintiff the benefit of all inferences that can be derived from the facts alleged in the complaint. Kowal v. MCI Commc'ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994). However, the Court need not accept inferences that are unsupported by the facts set forth in the complaint or "legal conclusion[s] couched as . . . factual allegation[s]." Trudeau v. FTC, 456 F.3d 178, 193 (D.C. Cir. 2006) (internal quotation marks and citations omitted). In deciding whether to dismiss a claim under Rule 12(b)(6), the Court can only consider the facts alleged in the complaint, documents attached as exhibits or incorporated by reference in the complaint, and matters about which the Court may take judicial notice. EEOC v. St. Francis Xavier Parochial Sch., 117 F.3d 621, 624 (D.C. Cir. 1997). A 12(b)(6) motion should be granted and claims should be dismissed under this rule if the plaintiff does not provide "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).
III. Analysis
The defendants seek dismissal of the plaintiffs' complaint with prejudice for failure to state a claim upon which relief can be granted under the APA. Defs.' Mem. at 1. Although the defendants have conceded that their rejection of the plaintiffs' intent to prepay the Mortgage Note constitutes final agency action subject to judicial review, they move to dismiss on the grounds that the plaintiffs have failed to state a claim under the APA because while the HUD regulations in effect at the time the Mortgage Note was executed only required mortgagors and mortgagees to include a provision in their agreement that allowed prepayment, nothing precluded the defendants from making the Secretary's approval a prerequisite for such prepayment. Id. at 2.
Whether the plaintiffs have stated "claims upon which relief can be granted depends in part on whether there is a cause of action [permitting the plaintiffs] to invoke the power of the court to redress the violations of law that [they] claim [HUD] has committed." Trudeau, 456 F.3d at 188. The answer to this question "also depends on whether the allegations of [the plaintiffs'] complaint are legally sufficient to state the violations [they] claim." Id.
A. The Administrative Procedure Act
With respect to whether there is a cause of action that permits the plaintiffs to invoke the power of this Court, the defendants do not deny that the plaintiffs have a cause of action available to them, but argue that the plaintiffs' "three causes of action" can only be brought as one claim under the APA. Defs.' Mem. at 11. The Court therefore need not address the defendants' challenge to the plaintiffs' pursuit of the three separate claims.
The APA entitles "a person suffering legal wrong because of agency action or adversely affected or aggrieved by agency action within the meaning of a relevant statute" to judicial relief.
5 U.S.C. § 702. If no designated form for seeking judicial review is provided for by statute, "any applicable form of legal action including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction" are available. § 703. Thus, regardless of how the relief is classified, when appropriate, a court may "hold unlawful and set aside agency action . . . found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law . . .," § 706(2)(A), which is the relief the plaintiff is seeking.
B. Prepayment Privilege
Both parties' arguments concerning the plaintiffs' prepayment privilege rights rely on the proposition that certain language in the several documents pertinent to the issue is clear and unambiguous. The defendants focus on the language of the Mortgage Note first and the HUD regulations second. They contend that the footnote referenced earlier and the "plain language of the Mortgage Note clearly impose [the] requirement" that prepayment be approved by the Secretary. Defs.' Mem. at 13. The defendants also argue that nothing in the version of 24 C.F.R. § 207.14(a) applicable to this case expressly mandated that prepayment be allowed without the Secretary's approval, noting that "the regulation is simply silent on the matter." Id. at 2, 17. Moreover, according to the defendants, because nothing in the plain language of the Mortgage Note, Attachment A, or the HUD regulations in effect at the time the Mortgage Note was executed restrict the Secretary's discretion to apply the restrictions of Section 250(a) to prepayment of a mortgage, the Secretary's decision to apply Section 250 was reasonable and should be given substantial deference. Id. at 1, 11-13.
In opposition, the plaintiffs also focus on the HUD regulations in effect at the time the Mortgage Note was executed. They contend "that there was no statutory, regulatory or administrative basis" for the parties to the Mortgage Note or the defendants to include a footnote subjecting prepayment to the approval of the Secretary, and in fact the prepayment approval clause was directly contrary to and inconsistent with the explicit language of 24 C.F.R. § 207.14(a) and 24 C.F.R. 207.32(a), rendering the footnote void. Compl. ¶¶ 26, 27; Pls.' Opp'n at 14. The plaintiffs argue that Section 207.14(a) is clear and unambiguous, and therefore the Secretary's interpretation is not entitled to any deference. Pls.' Opp'n at 19. As to the defendants' assertion that the plain language in the Mortgage Note does not restrict the Secretary's discretion to apply Section 250(a), the plaintiffs respond that the express terms of Attachment A require only that the defendants' consent be obtained for specified partial prepayments based on rent increases achieved by April 13, 1979, but that no such consent is necessary for full or substantial partial prepayments. Compl. ¶ 46; Pls.' Opp'n 23-24.
Neither party disputes that the applicable version of 24 C.F.R. § 207.14(a) required that a prepayment provision be included in the Mortgage Note, nor do they dispute that the Mortgage Note that is the subject of the case included a footnote requiring that the Secretary's approval be obtained prior to prepayment. Defs.' Mem. at 14-15; Pls.' Opp'n at 5, 13. Instead, the parties dispute whether the footnote is in direct conflict with the regulations in place when the Mortgage Note was executed. Defs.' Mem. at 15; Pls.' Opp'n at 14. The defendants argue that no such conflict exists, while the plaintiffs contend that there is a conflict, and therefore the footnote must be rendered void.
When an agency is charged with administering a statute, Chevron, U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984) governs the review of the agency's interpretation of the statute. Bell Atl. Tel. Cos. v. FCC, 131 F.3d 1044, 1047 (D.C. Cir. 1997). The first inquiry to make under Chevron is ... whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation.
Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the Court is whether the agency's answer is based on a permissible construction of the statute.
Chevron, 467 U.S. at 842-43; see also Bell Atl., 131 F.3d at 1047. In assessing whether an agency's construction of a statute is permissible, the court must look to traditional tools of statutory construction, including examining of "the statute's text, its legislative history, and structure, as well as its purpose" Bell Atl., 131 F.3d at 1047 (citation omitted). Deference to the agency's interpretation is not appropriate if it conflicts with the clear expressed intention of Congress on the question, "but if the statute is silent or ambiguous with respect to the issue, a permissible agency interpretation of the statute merits judicial deference." Id.
In the case at hand, it is a statutory regulation that is at issue, and in such situations the analysis for the Court is slightly different. An agency's interpretation of its own regulations "must be afforded substantial deference and upheld unless 'plainly erroneous or inconsistent with the regulation.'" Air Transp. Ass'n of Am., Inc. v. FAA, 291 F.3d 49, 53 (D.C. Cir. 2002) (quoting Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512 (1994)). However, if an "alternative reading is compelled by the regulation's plain language or by other indications of the [agency's] intent at the time of the regulation's promulgation," then the regulation itself and not the agency interpretation is controlling. Id.
Upon examination of the Mortgage Note itself, it is clear that the Note's plain language conditions prepayment on the approval of the Secretary of HUD. The Court reaches this conclusion because the footnote in the Note, which contains the language requiring Secretary approval, immediately follows the verbatim language of Section 207.14(a)'s prepayment privilege, and contrary to the plaintiffs' assertions, appears to be unrelated to the sentences that follow it or the language in Attachment A.
Turning to the HUD regulations in effect in 1977, the Court is inclined to agree that Section 207.14(a) did not grant HUD the authority to alter a prepayment privilege by requiring the Secretary's approval. The 1977 version of Section 207.14(a) states: "The mortgage shall contain a provision permitting the mortgagor to prepay the mortgage in whole or in part upon any interest payment date after giving to the mortgagee 30 days' notice in writing in advance of its intention to so prepay." 24 C.F.R. § 207.14(a) (1977). The regulation is therefore unambiguous on its face concerning the right to prepay. The Court therefore reads the regulation as requiring mortgages, at that time, to include a prepayment provision. However, the defendants are correct in pointing out that the regulation is "silent on the matter" of whether the Secretary may condition such prepayment upon his prior approval. Defs.' Mem. at 17. Thus, the Court's inquiry becomes "whether the agency's [determination that the Mortgage Note's footnote is enforceable] is based on a permissible construction of the [regulation]." Chevron, 467 U.S. at 843. The Court finds the Supreme Court's reasoning in Christensen v. Harris County, 529 U.S. 576, 588 (2000) controls the Court's resolution of the issue.
In Christensen, employees of a county's sheriff department brought a lawsuit alleging that the county's mandatory policy that employees schedule time off to reduce the county's liability for accrued time violated the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 207 (2006). Christensen, 529 U.S. at 578. The county argued, and the plaintiffs conceded, that nothing in the "FLSA expressly prohibit[ed] [the county's] practice...." Id. at 582. Thus, based on the Supreme Court's reading of the controlling provision of the FLSA and "nearby provisions of the FLSA that reflect a similar concern for ensuring that employees receive some timely benefit for overtime work" and the regulation implementing the controlling provision, the Christensen Court found that "[b]ecause the statute [was] silent on [the] issue and because [the policy] [was] entirely compatible with [the statute and the regulation], petitioners [could not] . . . prove that Harris County ha[d] violated [the statute or the regulation]. Id. at 585.
Like the Supreme Court in Christensen, this Court finds that Section 207.14(a) "is more properly read as a minimal guarantee that a [mortgagee] will be able to [prepay a mortgage] . . .," but not a guarantee that such right will be without conditions. Id. at 583. "In other words, viewed in the context of the overall statutory scheme, [Section 207.14(a)] is better read not as setting forth the exclusive [unfettered right of a mortgagee to prepay a covered mortgage], but as setting up a safeguard to ensure that a[]" mortgagee will have the option to prepay a mortgage, albeit with or without prerequisites. Id. Thus, the Court finds that nothing in Section 207.14(a) precluded the parties to the Mortgage Note from conditioning prepayment upon the approval of the Secretary. The regulations implementing Section 236 also provided that all mortgages under the program shall contain a clause allowing for prepayment, however, Congress said nothing about the defendants being precluded from attaching additional requirements to such prepayments. See 24 C.F.R. § 207.14(a). Furthermore, this conclusion is consistent with the "broad discretion in implementing [statutes]" accorded to agencies like HUD. Chevron, 467 U.S. at 862. Thus, the footnote in the Mortgage Note is valid and not in direct conflict with the regulations in place when the Note was executed.
The defendants further argue that because the Secretary determined that the Mortgage Note footnote requires that prepayment of the Note be approved by the Secretary, the Mortgage Note's prepayment option falls under the purview jurisdiction of Section 250 of the NHA, codified at 12 U.S.C. § 1715z-15(a). The Court must determine whether this action by the Secretary constitutes a permissible interpretation of the statute. According to the defendants, "Section 250 generally restricts the Secretary's ability to approve prepayment of mortgages where the Secretary's approval is already required in order for prepayment to occur." Defs.' Mem. at 1. The plaintiffs' contention that Section 250 does not apply to the Mortgage Note is based upon their position that the Mortgage Note footnote was invalid. However, because the Court has found that the footnote is valid, the plaintiffs' challenge to the applicability to Section 250 must also fail. And based on the direction provided by Chevron, the Court finds that the Secretary's conclusion that Section 250, codified as amended at 12 U.S.C. § 1715z-15(a), is applicable to the Mortgage Note is a permissible interpretation of the statute. Important to the Court's conclusion is the history underlying the enactment of the Mitchell-Lama Program by the New York state legislature, which is clearly identified with the concerns that motivated Congress to subsequently enact the NHA, and the footnote in the Mortgage Note is fully consistent with those concerns. See Chevron, 467 U.S. at 863 (similarly stating that the legislative history identified the policy concerns that motivated the enactment of the legislation). So for this reason too, the Secretary's decision must be affirmed.
IV. Conclusion
For the foregoing reasons, the defendants' motion for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.*fn4
SO ORDERED.*fn5
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Warnings and Dangers (8)See All RUSSIA: I found 50.000,- $$ on the Red...
Things to Do (121)See All ITALY: Siena - give it at least 24 hours
Local Customs (18)See All ITALY: Carnevale di Venezia
Hotels (11)See All a romantic hotel in Rothenburg ob der...
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"in all 7 continents: veni - vidi - and took lots of pictures"
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