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Calling all NeW leaders! You all are some of the most amazing college women in this country. We know that, but let's let the country hear about you! Don't miss the opportunity to win money towards your college education and represent NeW on the national level.
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Insulation Pin Mf150 Cnc Machining Tunring And Milling - Chinaprice: contact company for price
and cup head pin, we produce them every day, we export them to US, Ca,
UK, Ge, Denmark. etc.
We are a manufacturer of weld pins and other metal parts, fasteners, screw machine products, stampings, castings, CNC machining. The weld pins is my main product. If you have any new product ideas or concepts, please contact us. We look forward to cooperating with you and providing satisfactory products.
China Melparts Precision Manufacturing is an ISO9001:2008 certificated custom manufacturer which produce all kinds of metal parts for many industries, we process the CNC machining and metal stamping, the material we could process steel, stainless steel, aluminum, brass etc. we also produce the insulation fasteners for HVAC industry, we have weld pins and insulation pin, the weld pins are used for fasten the insulation to the sheet metal of air duct, the insulation pins are used to fasten the insulation sheet to the wall, weld pins' size is 1/2' 3/4' 1' 11/8' 11/2' 2' we have cup head and flat head style. more details please see: www.melparts.com
Company Contact:
- Posted By: China Melparts Precision Manufacturing Ltd
- Phone: 15013631202
- Address: shenzhen,guangdong,china, shenzhen, China
- Email:
- Website: http://www.melparts.com
Published date: November 28, 2013 -
- Business Description: China Melparts Precision Manufacturing Ltd is an ISO9001:2008
certificated manufactory which professionally manufacture the metal
parts that are used for all industries, From 2009 year, Melparts started
working on develop the weld pins and insulation pins, the former is used
for air duct, the latter is used for fasten the insulation sheet on the
In 1993, Melparts was founded in the China first Economic Zone Shenzhen, which was a family own company with several equipments mainly manufacture fasteners and metal stampings for the only local customers.
After a few of years, we brought some precision machines and inspection equipments from oversea, from then on, we provide the high quality manufacturing at competitive prices.
Melparts Always regard quality as life since it was established, we always provide best service to develop customers, at 2004 year,Melparts set up an oversea department and pass the ISO certificated, at 2009 year, Melparts Produce many metal parts that are used In HVAC industry, we set up a design department for design the products. Now we are proud to introduce the insulation pins and the weld pins, they are quality goods at low prices.
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subset: commoncrawl


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Prices, promotions, styles and availability may vary by store and online.
Action - Semi-Auto
Action Type - Double Action
Caliber - 9MM Luger
Barrel Length - 3-1/2"
Weight - 1.8 Lbs.
A further development of the famous Walther P-38 pistol, the Walther P-5 had been developed in 1979 on request by German Police for safe police sidearm. The pistol incorporates many new at the time design features, including a new aluminum alloy frame, trigger mechanism, dual-control mechanism, and firing pin safety. The P5 uses a system in which the barrel does not tilt following firing in the way that John Browning's system does, but rather moves straight back approximately 5 mm, resulting in a very accurate pistol since the barrel is kept parallel with the frame during and after firing. The trigger bar disconnector disables the firing unless the slide in fully closed, allowing the firearm to be carried in condition two. This double-action pistol features a white dot front sight with a white bar rear, a decocking lever, and an 8-round magazine. Its wood, metal, and bore are all in very good condition.


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Reviewed By David E (MCALESTER, OK) Reviewed for a 2016 Nissan Rogue —3/4/2016 6:30 AM
great price, look good. prompt delivery!
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text: Spectrum Advisory Services,inc. manages money for high net worth individuals and retirement funds. We are both values based and value oriented. I am the portfolio manager of Marathon Value Portfolio, a very highly ranked mutual fund which I took over in 2000. We have succeeded in achieving high risk adjusted returns by dint of hard work and substantial experience.


text: COPYRIGHTED MATERIAL This process of data collection is ongoing. It becomes part of the life of the classroom and is absorbed into the interactions between teacher and students. Thus, over the course of a school year, I compile an enormous amount of information that helps me to reflect on the classroom and to answer my more difficult questions about teaching, learning, and the pro- cess of education. . . . As a teacher-researcher, I do not determine before- hand the categories of information I am looking for, the nature of the data, or the questions to be asked. Data collection is not a process used only for assessing children's learning or evaluating curricula. The process of data collection, as it has evolved, has become a central part of my class- room practice. Vivian Gussin Paley is a well-known classroom teacher and author with more than a dozen published books. Her writing reveals the richness of chil- dren's perspectives, along with the thinking process of an evolving teacher. In describing how her approach to teaching evolved, Paley says that in her early days of teaching, she found herself having trouble remembering who each of her twenty-six to thirty kindergartners were. At night she would develop schemes to try to remember each of their names, all of which failed. It was only when she set herself the task of writing a few sentences about something each child did or said that she solved this problem and began to know each individual. COPYRIGHTED MATERIAL Introduction 7


text:
0 Graham Road Chester, VT 05143
Listed by Lori Muse of Muse And Associates Real Estate
Call Four Seasons Sotheby's International Realty Real Estate for more information.
Lot Size: 1.85 acres
Price/Acre: $18,918
Property Description
Wooded road frontage and field to the back. This 1.85+/-acre lot is well underway to becoming an ideal home site. Septic has been designed & approved, the driveway is in. Located in the country on a dead-end road.
- Property Type: Land
- Zoning: Res
- Acreage: 1.85
- Lot description: Country Setting, Open, Wooded
- State: VT
- Street: Graham Road
- Building Number:
- Development/Subdivision: 0
- Zip Code: 05143
- County: VT-Windsor
- Town: Chester
- Area Description: Rural
- Elementary School:
- Junior High: Green Mountain UHSD #35
- High School: Green Mountain UHSD #35
- Water: On-Site Well Needed
- Sewer: On-Site Septic Needed
- Electric: At Street
- Services: Telephone Available
- Land Restrictions: Building/Development, Mobile Homes
- Taxes: $908
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being provided is for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data last updated on 12/02/2016.


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Check in from 12:00 AM / Check out prior to 12:00 AM
Hotel Suncity Residency: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Mumbai, India.
Hotel Suncity Residency provides 3-star accommodation in Mumbai. It also offers 24-hour room service, valet parking and an express check-in and check-out feature.
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text:
Business Hours
Drivng Directions
Contact Us
Circle of Friends
In store now - best selction of music lover's gifts! Shop today
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text:
Slide to see the images
Meet Mimi! She's an adorable little chihuahua who weighs around 5 pounds and is approximately 6 years old.
Mimi is the ultimate lap dog. She loves to snuggle and give kisses and if she's not with you check your bed. Mimi likes to burrow under the covers and wrap herself up in the sheets. Since she was abandoned at a boarding facility it takes her a little while to trust new people but it doesn't take her long to get comfortable. Mimi doesn't chew, dig or bark. She gets along with other dogs, cats and children and really deserves a home where she can feel safe, secure and loved.


text:
SkAttered Union will letting out a New EP! and Three new Shirts! We'll keep you posted!
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No social network accounts found.
General Purpose Mathematical System Manipulation
Annotation mock beans generator
JAXB RI 2.0.x source code - the source code has been moved to jaxb.java.net project, this project is disabled
A JAIN-SIP based voice and text instant messaging client
This is not the main project site. This project hosts the source-code for the 2.x branches of the reference implementation for JavaServer Faces, see http://javaserverfaces.java.net/ for more information
SIP Signaling stack for J2ME
jVoiceBridge is a software-only audio mixer written in the JavaTM Programming Language that handles Voice over IP (VoIP) audio communication and mixing for tasks such as conference calls, voice chat, speech detection, and audio for 3D virtual environments. jVoiceBridge supports a range of voice qualities from telephone to CD-quality. In addition, it supports stereo audio and the ability for each individual connected to the bridge to have their own private voice mix.


text:
Steam achievements in Civ5/Say Hello to My Little Friend
< Steam achievements in Civ5
6,859pages onAdd New Page
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Reach Ally Status with a City-State.


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Your adaptations are natural and often automatic, largely because you know your audience, speak their language, and share a common context. Contrast this with what your company has to do to present its case and sell its wares in markets around the world. It adjusts the offer, the product, the language, the website, mobile apps, SEO, marketing collateral, its way of selling, how it delivers the product, and who supports it.
Jan 16, 2013
Silvia Hartmann's The Dragon Lords, "the world's first" novel written and edited totally in the cloud, is now available for sale in both ebook and Paperback formats from all major retailers.
The book launch was hosted last month at Google's UK headquarters, where author Silvia Hartmann was joined by fans and journalists from all over the UK, as well as connecting with contributors to the project from around the world, from Alaska, New Jersey, and Germany, using Google+ Hangout technology.
The book is the outcome of the Naked Writer Project, in which Hartmann wrote the entire 76,000 word novel online in front of a global audience of thousands, who could look in on every key being typed, add their comments and influence the plot.
Written between the September 12 and November 11 of 2012, more than 13,000 people interacted with the book, all hosted on Google Docs, Google's collaborative word processing tool. Hartmann's daily 90 minute sessions, which averaged 16 words per minute, could be followed by hundreds of followers via the click of a web link. Comments could then be added to the manuscript in real time, which she responded to.


text:
Bag Icon
Fashion vector graphics with a silhouette purse. Standard bag shape with curved top part, handle and abstract decorations with lines and circles. Free vector graphics to design stickers, decals, icons, company logos and label decorations. Bag for fashion, accessories and style visuals.
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March 31, 2011
WILLIAM ADKINS, INDIVIDUALLY AND AS A SHAREHOLDER SUING IN THE RIGHT OF W. BABYLON CHEVROLET-GEO, INC., D/B/A PALANKER CHEVROLET, A DELAWARE CORPORATION, PLAINTIFF,v.GENERAL MOTERS CORP., GENERAL MOTORS ACCEPTANCE CORP., TIMOTHY RINKE AND PAUL FIELDS, DEFENDANTS.
Pending before the Court is Defendant GMAC's motion for attorneys' fees and taxable costs. For the following reasons, GMAC's motion for attorneys' fees is DENIED, and its request for taxable costs is GRANTED IN PART.
The Court assumes familiarity with the facts and posture of this litigation, and only sets forth here facts sufficient to ground the discussion that follows. Briefly, Plaintiff sued GM, two GM employees (collectively, the "GM Defendants") and GMAC. GMAC's motion to dismiss was denied, but its motion for summary judgment was granted. Plaintiff moved for reconsideration and, after additional discovery and briefing, that motion was denied. See July 6, 2004 Order. GMAC then moved to recover its attorneys' fees and costs from Plaintiff and Plaintiffs' attorneys on May 11, 2005. The Court referred GMAC's motion to Magistrate Judge Michael L. Orenstein for a Report and Recommendation.
GM, GMAC's co-defendant, lost at trial but eventually prevailed on appeal. It, too, requested its costs from Plaintiff as a prevailing party. On September 30, 2007, the Court denied GM's costs because it found that imposing costs on Plaintiff would be inequitable in light of Plaintiff's strained financial circumstances (the "September 2007 Order").
On April 8, 2008 (the "April 2008 Order"), the Court similarly found that taxing Plaintiff with GMAC's costs would be inequitable. The Court vacated its Order referring GMAC's motion for attorneys' fees and costs to Judge Orenstein and summarily denied GMAC's requests. April 2008 Order at 4. In its April 2008 Order, the Court did not address GMAC's request for attorneys' fees.
GMAC appealed, and on January 28, 2010 the Second Circuit vacated and remanded the April 2008 Order with directions that the Court (1) address GMAC's attorneys' fees argument and (2) articulate more clearly its reasons for denying GMAC its taxable costs. Second Circuit January 29, 2010 Mandate at 3-4 (the "Mandate").
GMAC seeks to recover its fees and costs from both Plaintiff and Plaintiffs' attorneys pursuant to Section 1927 and the Court's inherent power to sanction frivolous litigation. It also seeks its taxable costs from Plaintiff as the prevailing party under Federal Rule of Civil Procedure 54.
I. Frivolous Litigation
GMAC has not shown that it is entitled to attorneys' fees under either the Court's inherent power or Section 1927.
A. Legal Standard
1. The Court's Inherent Power
The Court may sanction parties and their attorneys for bad faith conduct pursuant to its inherent authority "to manage [its] own affairs so as to achieve the orderly and expeditious disposition of cases." Revson v. Cinque & Cinque, P.C., 78 (2d Cir. 2000) (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 43, 111 S. Ct. 2123, 115 L. Ed. 2d 27 (1991)). Sanctions under this power may be appropriate where "here the party or the attorney has acted in bad faith, vexatiously, wantonly, or for oppressive reasons." Id. (quotations omitted).
"An award of sanctions under the court's inherent power requires both clear evidence that the challenged actions are entirely without color, and [are taken] for reasons of harassment or delay or for other improper purposes[,] and a high degree of specificity in the factual findings of [the] lower courts. A claim is colorable when it has some legal and factual support, considered in light of the reasonable beliefs of the individual making the claim."
Id. (internal quotations and citations omitted).
2. Section 1927
In addition to its inherent power, the Court may rely on Section 1927 to sanction bad faith conduct, although this provision applies only to attorneys, not their clients. Section 1927 states:
Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct.
28 U.S.C. § 1927. Courts in this circuit construe the statute "narrowly and with great caution, so as not to stifle the enthusiasm or chill the creativity that is the very lifeblood of the law." Romeo v. Sherry, 308 F. Supp. 2d 128, 148 (E.D.N.Y. 2004) (quoting Mone v. C.I.R., 774 F.2d 570, 574 (2d Cir. 1985) (internal citations omitted)). The purpose of the statute is to deter dilatory tactics, unnecessary delays in litigation, and bad faith conduct by attorneys. Id. (citing United States v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen and Helpers of Am., AFL-CIO, 948 F.2d 1338, 1345 (2d Cir. 1991); Hudson Motors P'ship v. Crest Leasing Enters., Inc., 845 F. Supp. 969, 978 (E.D.N.Y. 1994); and Herrera v. Scully, 143 F.R.D. 545, 551-552 (S.D.N.Y. 1992)). Unlike the objective standard of Rule 11, Section 1927 "requires a clear showing of bad faith[.]" Novelty Textile Mills, Inc. v. Stern, 136 F.R.D. 63, 72-73 (S.D.N.Y. 1991); see also Int'l Bhd. of Teamsters, 948 F.2d at 1345 ("Bad faith is the touchstone of an award under this statute."); Hudson Motors, 845 F. Supp. at 978 (holding that "[w]ithout a demonstration of bad faith on the part of the attorney in question, sanctions pursuant to this statute are inappropriate.").
B. Plaintiff and his Attorneys did not act in Bad Faith
GMAC argues that Plaintiff and his Attorneys brought this case in bad faith because they knew or should have known that the asserted claims were baseless. It principally contends that (1) documents belying many of Plaintiff's claims were in Plaintiff's possession before and for a time after he filed suit; (2) in refusing to dismiss Plaintiff's claim that GMAC fraudulently induced Plaintiff to invest in the new dealership by concealing the old dealership's unpaid tax liability, this Court relied on Plaintiff's false allegation that he was personally liable for the unpaid tax bill; (3) Plaintiff "knew" that GMAC owed no fiduciary duty to the Dealership; and (4) Plaintiff could not remember GMAC making any representations to him at the time of his investment. GMAC also contends that Plaintiff's and his Attorneys' sharp discovery practices merit sanctions. (See generally Docket Entry 381 at 4-5, 7, 11-15.)
The Court finds that this conduct is insufficiently egregious to warrant a conclusion that Plaintiff or his Attorneys litigated this case in bad faith. First, although the wholesale billing statements eventually proved to be fatal to Plaintiff's claims, it goes too far to say that because Plaintiff might have been able to review these documents beforehand, he necessarily brought this suit in bad faith. The billing statements were the subject of contentious discovery practice, and it is not entirely clear when or whether Plaintiff could have examined these documents before he filed the suit. (See Plaintiff's Opp. to GMAC's Costs, Docket Entry 407 at 6-7.) More to the point, though, is that Plaintiff may have believed in good faith that the wholesale billing statements did not tell the whole picture of the alleged fraud. Second, the Court did not rely on Plaintiff's allegation that he was personally liable for the tax obligations when it rejected GMAC's motion to dismiss Plaintiff's Amended Complaint, (see generally May 11, 2004 Order). Third, Plaintiff did not necessarily "know" GMAC did not owe him a fiduciary duty because such a duty can arise where a creditor exerts extraordinary control over the debtor, notwithstanding a written agreement providing otherwise, (see June 8, 2004 Order at 3-4). Fourth, Plaintiff's inability to recall GMAC's alleged fraudulent representations is not proof of bad faith because Plaintiff and his counsel may have thought they could locate other evidence of Plaintiff's claim. Finally, although the Court is concerned by what it perceives as discourteousness among the advocates on both sides in this case (see, e.g., Docket Entry 407 at 3-4), it trusts that Magistrate Judge Orenstein dealt appropriately with any abuses and sees no reason to re-visit those issues by imposing sanctions.
Accordingly, GMAC is not entitled to an award of attorneys' fees.
II. Taxable Costs
Litigation costs, however, are a different matter. In its September 2007 Order, the Court found that taxing Defendant GM's costs, which totaled over $70,000, would pose an inequitable burden on Plaintiff. (See September 30 Order at 7.) That rationale was incorporated into the Court's April 2008 Order not to tax Plaintiff with GMAC's costs, which total just over $11,000. In its summary order, the Second Circuit directed the Court to articulate more clearly its reasons for denying GMAC's costs, "particularly . . . in view of the court's previous denial of GM and GMAC's request that Adkins post security partly on the grounds that defendants had failed to show that Adkins was judgment proof, as Adkins "recently received a $100,000 settlement." Mandate at 3. In accordance with the Second Circuit's Order, the Court now re-examines GMAC's requests for costs and reconsiders its April 2008 Order.
The Court's September 2007 Order discussed the legal standard applicable to a prevailing party's request to tax costs. See September 2007 Order at 5-6. In particular, the Court recognized that although it has the discretion to deny costs to a prevailing party on the basis of financial hardship, the non-prevailing party must make a strong showing that he is entitled to that relief. See September 2007 Order at 6. When a court denies costs to a prevailing party, it must explain its reasons for doing so. See September Order at 5-6 (citing DLC Mgmt. Corp. v. Town of Hyde Park, 45 F. Supp. 2d 314, 315 (S.D.N.Y. 1999)). The Court took at face value Plaintiff's proffered reasons for his strained financial circumstances, and it cited and relied on those reasons in its Order. See id. at 7. The Second Circuit has now directed the Court to articulate more clearly its reasons for denying costs. See Mandate at 3. The Court, however, is unable to do so because Plaintiff has not made a greater showing of his dire straits beyond the reasons the Court has already set forth in its now-vacated September 2007 decision. In particular, Plaintiff has not demonstrated with specificity why he is unable to pay GMAC's cost in light of the $100,000 settlement. Thus, the Court is constrained to award GMAC most of its claimed costs.
Accordingly, Plaintiff is directed to reimburse GMAC for all of the items in its proposed bill of costs except the expense associated with imaging the Buchanan hard drive. It is not clear from GMAC's papers how the imagining of the hard drive was "used or received in evidence" such that it is a taxable cost as an exemplification or copy necessary for use in the case. See Local Civil Rule 54.1(5); Docket Entry 382 at 1 (GMAC's proposed bill of costs); see also Docket Entry 411 at ¶ 12 (Pollard Affidavit).
For the foregoing reasons, GMAC's motion for attorneys' fees is DENIED and its request for taxable costs is GRANTED IN PART. The Clerk of the Court is directed to enter judgment against Plaintiff in favor of GMAC for $9,133 and to mark this case CLOSED.
Joanna Seybert, U.S.D.J.
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Simon Phoenix (Character)
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- "The Nostalgia Critic"
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Aside from one author's self-published book in 2010, there has been very little work done on the character of Jason, despite the large number of books devoted to his wife, Medea. My book survey more than 2,500 years' worth of literature on the myth of the Argonauts, and I place it in the context of new developments in the study of Greek mythology, including recent developments in the understanding of the Near Eastern and Indo-European contributions to Greek myth.
Traditionally, archaeologists have identified the Argonauts' voyage a mythologized version of an actual Bronze Age voyage to the coast of Georgia, where, following Strabo, many have assumed the Golden Fleece was a cloth used in the panning of gold in the region. A survey of the surviving textual, iconographic, and archaeological evidence shows that this view cannot be correct and is in fact a longstanding rationalization of a story that originally had nothing to do with Georgia or with gold. Just what I found out about the Gold Fleece and the origins of the story of Jason you'll have to wait to discover.
Superficially, my book approaches some of the same territory as alternative history—looking into ancient myths and legends, seeking out their origins, and trying to explain what ancient people were thinking. I'll also be frank: This book contains speculation. By definition it must, since there is little direct evidence prior to the time of Homer, and therefore inferences are necessary to craft a narrative. I also step just a small bit beyond current scholarly ideas to suggest a new explanation for the Golden Fleece—but one that simply synthesizes and builds upon current scholarly ideas. I also, importantly, label speculation as such and emphasize where ideas are uncertain or where information is inconclusive.
I also differ from alternative history in two other ways: First, I utilized the very best scholarly material on the subject, including nearly 1,000 end notes referencing both primary sources (actual ancient texts) as well as current scholarship in the field, including material as recent as this past spring. Where ancient texts had not been translated, I translated them myself, and I consulted the original language of each where possible. Second, I discussed the story of the Argonauts with leading scholars like C. J. Mackie and M. L. West, who offered additional insights into the history of the Argonaut myth and suggested essential research materials. And where current scholarship suggested that one of my ideas was wrong, I double checked to confirm the error. I had to abandon what I thought was one promising line of research when it turned out that the book where I read about one idea had no facts to support it. Rodney Castleden somehow manages to get Routledge to keep publishing his books on ancient history despite including material based on little more than speculation.
For example, in his Knossos Labyrinth (1990), he wantonly conflates Greek myths, Mycenaean Linear B tablets, and Minoan art to claim (without explanation) that the Minoans worshiped a god named Poseidon in the form of a bull who operated beneath the earth, on the earth, and as the sun in the sky. To do this, he must apply the Mycenaean god Poseidon to the Minoans, and he then purposely conflates the bull of Poseidon that fathered the Minotaur with the bull who raped Europa—a bull who was Zeus, not Poseidon. Castleden claims that Poseidon's bull had a silver circle on its forehead and horns like the crescent moon—therefore a "sky" symbol that had risen up from the sea. He does not acknowledge his source, almost certainly Frazer's Golden Bough (3rd ed., Pt. III, Ch. 2), where a footnote to a long-outdated discussion of the identification of these myths as celestial symbols so summarizes Moschus' Hellenistic Europa (c. 150 BCE), whose actual text runs thus:
Nay, but all his body was of a yellow hue, save that a ring of gleaming white shined in the midst of his forehead and the eyes beneath it were grey and made lightnings of desire; and the horns of his head rose equal one against the other even as if one should cleave in two rounded cantles the rim of the hornèd moon.
From Zeus' golden bull, correctly cited by Frazer, Castleden adopted the entire Victorian school of weather-magic interpretation of myth and wrongly made this bull Poseidon's to fill in a gap in Minoan religion. Never mind that Moschus wrote more than a thousand years after the Mycenaeans conquered the Minoans. Since Castleden provided no citations, it fooled me until I was able to pick it apart. Castleden simply repeats his claim about the Minoan bull god without elaboration in several subsequent books as though it were established fact.
Anyway, my Jason and the Argonauts book should be a fun, if complicated, read. While you wait for publication, you can check out the dedicated website for the book by clicking the logo below. The site is a work in progress and will need a complete update and overhaul before the book is released.


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JADACK, ROSEMARY A. PhD, RN*†; FRESIA, ANNE BS‡; ROMPALO, ANNE M. MD‡§; ZENILMAN, JONATHAN MD‡§
Background and Goal:: Greater understanding of the factors related to inconsistent condom use is essential in the development of strategies to promote condom use among clients who access public, inner‐city sexually transmitted diseases (STD) clinics. Therefore, this study aimed to explore reasons for not using condoms among 260 predominantly African American heterosexual male and female clients presenting for care at two inner‐city STD clinics.
Study Design:: Clients selected for this descriptive analysis reported having had at least one unprotected episode of sexual intercourse in the last 10 episodes. In face‐to‐face interviews, clients provided information about sexual activity, sexual partners, and condom use in the previous 30 days. In addition, they were asked to indicate the main reason for not using condoms when having unprotected sex.
Results:: Content analysis showed six major categories of reasons for not using condoms: reasons related to partner relationships, reasons related to sexual sensation, reasons related to situational constraint, reasons related to condoms themselves, reasons related to pregnancy, and reasons related to types of sexual activity. Most frequent explanations given for not using condoms included partner trust (19.6%), the feel of condoms (11.9%), and lack of condom availability (11.5%). Clients also reported barriers to condom use that included beliefs about condom sensation and partner relationships.
Conclusions:: These results show the continued barriers that exist with respect to condom use in at‐risk populations and emphasize the need to tailor meaningful interventions in order to promote condom use among persons who, for differing reasons, choose not to use them.
© Copyright 1997 American Sexually Transmitted Diseases Association
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The Piano
The Piano (1993) A mute woman along with her young daughter, and her prized piano, are sent to 1850s New Zealand for an arranged marriage to a wealthy landowner, and she's soon lusted after by a local worker on the plantation. Director: Jane Campion
Respond to piano lesson inquiries like this and turn inquiries into sign ups!
The Painted Piano http://asubtlerevelry.com/the-painted-piano
The Piano, 1993 (dir. Jane Campion)
Holly Hunter as Ada McGrath and Harvey Keitel as George Baines - 'The Piano', 1993, directed by Jane Campion. ☀
The Piano Student - Free piano sheet music at various levels
Harvey Keitel and Holly Hunter in Jane Campion's Academy Award Winning Film for Best Picture: "The Piano" (1993)... intoxicating, mesmerizing, hauntingly romantic and beautifully filmed.
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Two Young Girls at the Piano -Renoir Lehman Collection
And Next Comes L: Teaching Toddlers & Preschoolers How to Play Chords on the Piano


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Most listings are in the $0's per square foot per year. The Hillside Vista region is experiencing a decline in rates. In the last 3 months, the median rate decreased $37 per sqft per year. That's a 100% decline in rent.
In the last 90 days, 0 listings have been posted online, which means new availabilities are probably leasing quickly. You'll want to be prepared to tour spaces as quick as possible. About NaN% of the listings in the Hillside Vista are subleases, so you will probably have to focus your search on direct office leases. There aren't many listings below 2,000 square feet available, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around sqft.
This area is fairly equally mixed residential and commercial. Professional services is the dominant industry in this region. Most of the residents of Hillside Vista work from home. Commuting between 20 and 25 minutes a day is the norm for those who opt to reside in this part of town.
Trends and status of the commercial real estate market in Hillside Vista.
Market Report
Real time and historical data on commercial real estate listings in Hillside Vista.


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Educational Materials
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Now enrolling eligible patients in the RNS® System Post-Approval Study (PAS) in Epilepsy at comprehensive epilepsy centers throughout the United States. The objective of the study is to follow patients implanted with the RNS System prospectively over 5 years to gather data on the long-term effectiveness and safety of the RNS System. For more information about the study, contact a NeuroPace Patient Educator at firstname.lastname@example.com or 888-646-8483.
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NeuroPace can assist providers and medical billing professionals with coding information, prior authorization requests, and managing the appeals process for denials. Please call the NeuroPace Reimbursement Hotline at 866-726-3876 or email firstname.lastname@example.com.


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Evening Workout location change!
****Evening Workout location change!!!****
Until further notice all evening workouts will be at Washington High School 6:30-7:30, M-W-TH. Please watch for emails from Nick in case of a time change!
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United States District Court, Seventh Circuit
July 10, 2013
SHELIA SMITH, Plaintiff,v.ERIC K. SHINSEKI, Secretary, U.S. Department of Veterans Affairs, Defendant.
GARY FEINERMAN, District Judge.
Shelia Smith brought this suit against her employer, the United States Department of Veterans Affairs ("VA"), alleging discrimination and retaliation in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Doc. 1. The VA sought summary judgment on the ground that Smith failed to exhaust her administrative remedies, and the court denied the motion because there was a genuine dispute of material fact on the key question of whether Smith's attorney, Timothy Bridge, received a copy of the VA's final agency decision on or about June 12, 2009. 2012 WL 1597432 (N.D. Ill. May 7, 2012). To resolve that factual dispute, the court conducted an evidentiary hearing to determine whether Bridge had in fact received the VA's final agency decision at that time. Doc. 54.
At the outset of the evidentiary hearing, Smith argued for the first time that she had a Seventh Amendment right to have exhaustion-related factual issues decided by a jury rather than by the court. For the reasons given below, the court holds that Smith's prior express consent to the court's conducting an evidentiary hearing waived any Seventh Amendment right she might have had. The court then goes on to find as a matter of fact, in light of the evidence presented at the hearing and the undisputed evidence presented at summary judgment, that Bridge received a copy of the VA's final agency decision denying her administrative charge on June 12, 2009, and therefore that Smith did not timely seek review of that decision before the Equal Employment Opportunity Commission ("EEOC"). Finally, the court concludes that Smith's failure to exhaust her administrative remedies entitles the VA to judgment on her discrimination claim and on her retaliation claim to the extent it pertains to alleged retaliatory conduct occurring before she filed her formal administrative complaint with the VA.
"Exhaustion is... a condition precedent to bringing a claim under the [Rehabilitation] Act." Teal v. Potter, 559 F.3d 687, 691 (7th Cir. 2009). Thus, a federal employee generally cannot bring in federal court a Rehabilitation Act claim until she exhausts all administrative remedies available under the Act, with the exhaustion requirement being governed by the same rules that apply to suits under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. See 29 U.S.C. § 794a (adopting for Rehabilitation Act purposes the procedures set forth in Title VII, including the administrative exhaustion requirement of 42 U.S.C. § 2000e-5); Teal, 559 F.3d at 691 ("Individuals who have suffered discrimination can seek relief [under the Rehabilitation Act] pursuant to the procedures and requirements outlined in Title VII of the Civil Rights Act, which include exhausting administrative remedies prior to bringing suit."). Subject to the doctrines of waiver, estoppel, and equitable tolling, an employee's failure to properly exhaust her administrative remedies warrants the dismissal of her suit. See Teal, 559 F.3d at 693; Smith v. Potter, 445 F.3d 1000, 1006 n.14 (7th Cir. 2006); Ester v. Principi, 250 F.3d 1068, 1071 (7th Cir. 2001); Gibson v. West, 201 F.3d 990, 994 (7th Cir. 2000).
The pertinent exhaustion procedures for federal employees alleging violations of the Rehabilitation Act are as follows. The employee first must seek counseling with her agency's Equal Employment Opportunity ("EEO") office within forty-five days of the allegedly unlawful act. See 29 C.F.R. § 1614.105(a)(1); Smith, 445 F.3d at 1002 n.1, 1006-07. If the employee remains dissatisfied, she must timely file a formal complaint of discrimination with the agency. 29 C.F.R. §§ 1614.105(d)-(e), 1614.106(a)-(b). If the employee requests a hearing, the EEOC appoints an administrative judge to hear the matter. Id. § 1614.109(a). After the administrative judge holds the hearing and renders a decision, the agency must issue a final agency decision. Id. § 1614.110(a). If the employee is dissatisfied with the final agency decision, she has two options: (1) appeal the decision to the EEOC within thirty days of receiving the decision, id. §§ 1614.401(a), 1614.402(a); or (2) bring suit in federal district court within ninety days of receiving the decision, id. § 1614.407(a). Where, as here, the employee is represented by counsel, the thirty-day window for filing an appeal with the EEOC commences when the attorney receives the agency's final decision. Id. § 1614.402(b).
The following facts were not genuinely disputed at the summary judgment stage and are drawn from the court's opinion denying summary judgment. 2012 WL 1597432, at *2. Smith, who has been employed by the VA since 1993, sought EEO counseling at the VA in February 2007 and then filed a formal discrimination complaint with the VA in June 2007. Doc. 31 at 2; Doc. 32 at ¶¶ 2, 3. On May 27, 2009, an administrative judge granted the VA's motion for summary judgment. Id. at ¶ 4. Copies of the decision were sent to Smith and to Bridge. Doc. 33-1 at 11. The decision told the VA: "[w]ithin forty (40) days of receiving this decision and the hearing record, you are required to issue a final order notifying the complainant whether or not you will fully implement this decision." Id. at 8. And the decision told Smith: "If the agency fails to issue a final order, you have the right to file your own appeal any time after the conclusion of the agency's (40) day period for issuing a final order." Id. at 9.
On June 8, 2009, the VA timely issued its final agency decision, which adopted the administrative judge's decision. Doc. 32 at ¶ 5. The decision states that "[w]ithin 30 days of receipt of this final action, the complainant has the right to appeal it to: Equal Employment Opportunity Commission, Office of Federal Operations, " and that "[t]he complainant also has the right to file a civil action in an appropriate United States District Court... within 90 days of receipt of this final action if no appeal to EEOC has been filed; within 90 days after receipt of the EEOC's final decision on appeal; or after 180 days from the date of filing an appeal with the EEOC if there has been no final decision by the Commission." Doc. 28-1 at 14, 15; Doc. 32 at ¶ 6. Copies of the VA's final decision were sent via certified mail to both Smith and Bridge. Doc. 28-1 at 18; Doc. 32 at ¶ 8. The decision never reached Smith, whose envelope was returned to the VA with the notation "Unclaimed." Doc. 40 at ¶ 4; Doc. 33-2 at 15. At the summary judgment stage, the parties genuinely disputed whether Bridge received the envelope that had been sent to him. 2012 WL 1597432, at *3-4. The court resolves that factual dispute below.
Smith filed a Notice of Appeal with the EEOC on August 4, 2009. Doc. 40 at ¶ 6. On May 6, 2011, the EEOC issued an order dismissing Smith's appeal as untimely. Doc. 32 at ¶ 11; Doc. 28-1 at 28-30. The order explains:
A copy of the certified mail return receipt card reveals that the FAD [the VA's final agency decision] was received at the address of [Smith's] attorney of record [Bridge] on June 12, 2009. A review of the FAD reveals that the [VA] properly advised [Smith] that she had thirty (30) calendar days after receipt of its final decision to file her appeal with the [EEOC]. Therefore, in order to be considered timely, [Smith] had to file her appeal no later than July 13, 2009. See 29 C.F.R. § 1614.402(b). [Smith] has not offered a justification for an extension of the applicable time limit for filing her appeal. See 29 C.F.R. § 1614.604(c).
Doc. 28-1 at 28. The decision informed Smith that she had ninety calendar days to file suit in federal court. She did so on August 4, 2011.
If Bridge indeed received the VA's final agency decision on June 12, 2009, then the EEOC correctly determined that she had filed her appeal too late: the appeal was filed on August 4, 2009, more than three weeks after the applicable thirty-day period had passed. But the court cannot defer to the EEOC's holding regarding the timeliness of Smith's appeal, see Smith, 445 F.3d at 1101, and the court denied the VA's summary judgment motion on exhaustion grounds because there was a genuine issue of material fact as to whether Bridge had in fact received the VA's final agency decision on June 12, 2009.
In support of summary judgment, the VA pointed to a signed certified mail return receipt card dated "6-12" and affixed with a signature that a reasonable person could conclude was Bridge's. Doc. 28-1 at 26. Smith responded that Bridge did not sign the return receipt card- which, according to Smith, reflects the signature of a "Tim Brde"-and argued that Bridge did not receive a copy of the VA's final agency decision until May 11, 2011. Doc. 32 at ¶ 9; Doc. 33-2 at 26 (¶¶ 10-11). Smith submitted an affidavit from Bridge averring that he did not receive the final agency decision until May 2011. Doc. 33-2 at 26 (¶¶ 10-11). A reasonable person could conclude from the affidavit that Bridge had not signed the card and had not received the final agency decision until May 2011, in which case Smith's EEOC appeal was not untimely. Because reasonable persons could disagree, summary judgment was inappropriate. See Laouini v. CLM Freight Lines, Inc., 586 F.3d 473, 476 (7th Cir. 2009) ("it is well-established that evidence of proper mailing raises a rebuttable presumption of delivery"); Vincent v. City Colls. of Chi., 485 F.3d 919, 923 (7th Cir. 2007) ("the trier of fact determines whether the presumption of delivery has been overcome").
The court's summary judgment order informed the parties that they should be prepared at the next status hearing "to address the means by which the exhaustion issue will be resolved on the merits-in a pretrial evidentiary hearing before the court, or at trial." Doc. 41. At that status hearing, the court raised but did not resolve the question of whether Smith had a Seventh Amendment right to have a jury make exhaustion-related factual findings. The court then asked whether the parties would consent to have the court decide the exhaustion issue after an evidentiary hearing. The exchange with Bridge went as follows:
Mr. Bridge: I well, summary having been denied, it's a question of fact like any other.
The Court: It's a question of fact on the exhaustion issue?
Mr. Bridge: On the exhaustion issue.
The Court: Right. So, [Defendant is] not going to file summary judgment again on the exhaustion issue. It's going to be resolved at an evidentiary hearing before me, and you're both in agreement on that, is that correct?
Mr. Bridge: I guess, Judge, I have no objection.
The VA's attorney agreed as well. In the minute order issued that day, the court stayed merits discovery, allowed discovery regarding exhaustion to proceed, and stated: "Evidentiary hearing regarding exhaustion is set for 7/11/2012 at 2:00 p.m." Doc. 43. After re-setting the evidentiary hearing, Doc. 53, the court conducted the hearing on August 8, 2012, Doc. 54.
The court first will address Smith's argument, raised for the first time at the evidentiary hearing, that she has a Seventh Amendment right to have a jury decide exhaustion-related factual questions. The court holds that Smith waived any Seventh Amendment right she might have had by explicitly consenting to the evidentiary hearing. Second, the court will set forth its findings of fact and conclusions of law on the exhaustion question. In short, the court finds that the signature on the aforementioned certified mail return receipt card is indeed Bridge's and that Bridge received the VA's final administrative decision on or about June 12, 2009, and therefore that Smith failed to exhaust her administrative remedies. And the court concludes that Smith's failure to exhaust bars her discrimination claim and also her retaliation claim to the extent it is based on alleged retaliatory acts committed before she filed her formal administrative complaint with the VA. However, the retaliation claim may proceed to the extent, if any, it rests on alleged retaliatory acts committed after Smith filed her formal complaint with the VA.
I. Whether Smith Waived Any Seventh Amendment Right She Might Have Had
As noted above, when the court proposed at the status hearing that the findings of fact necessary to resolve the exhaustion issue be made by the court after an evidentiary hearing, it raised the possibility that Smith had a Seventh Amendment right to have a jury make those factual findings. Because both parties agreed that the court should make those factual findings, the Seventh Amendment issue was mooted.
At the evidentiary hearing, Smith for the first time asserted a right to a jury decision on whether Bridge received the VA's final agency decision on June 12, 2009. The court orally held that Smith had waived any jury trial right she may have had through Bridge's explicit statement at the status hearing that he "had no objection" to the court acting as finder of fact with respect to exhaustion. The court added that Smith did not object to the scheduled evidentiary hearing at any point during the nearly three months that passed between the status hearing and the evidentiary hearing.
The court adheres to its ruling. Although Smith's complaint demands a jury, Doc. 1 at 1, both parties stipulated at the status hearing to have exhaustion-related factual issues decided by the court rather than by a jury. In light of that stipulation, Smith lost any Seventh Amendment right she might otherwise have had to a jury trial on those issues. Federal Rule of Civil Procedure 39(a) provides in pertinent part that "[w]hen a jury trial has been demanded... [t]he trial on all issues so demanded must be by jury unless: (1) the parties or their attorneys file a stipulation to a nonjury trial or so stipulate on the record...." Fed.R.Civ.P. 39(a); see also Lovelace v. Dall, 820 F.2d 223, 227 (7th Cir. 1987) ("a jury demand can only be withdrawn by either a written stipulation filed with the court or an oral stipulation made in open court"). Rule 39(a) "has been interpreted broadly so as to encompass orders entered by the court and not objected to [and] statements by the judge on the record that are not objected to." Lovelace, 820 F.2d at 227. The explicit statement by Smith's attorney that he "had no objection" to the court making exhaustion-related factual findings after a pretrial evidentiary hearing amply meets this standard. So, too, does Smith's failure to object to the court's minute order setting an "[e]videntiary hearing regarding exhaustion" at any time between the entry of that order on May 17, 2012, and the evidentiary hearing on August 8, 2012. Doc. 43. By the time Smith objected at the evidentiary hearing, she had long since consented; the objection came far too late. Accordingly, the court will proceed to set forth its findings of fact and conclusions of law on the exhaustion issue.
II. Findings of Fact and Conclusions of Law
Pursuant to Federal Rule of Civil Procedure 52, the court enters the following findings of fact and conclusions of law, which are based not only on the evidence presented at the evidentiary hearing, but also on the evidence that was not genuinely disputed at summary judgment and that is set forth above in the Background section. See Fed.R.Civ.P. 52(a)(1) ("In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately. The findings and conclusions may be stated on the record after the close of the evidence or may appear in an opinion or a memorandum of decision filed by the court."); Khan v. Fatima, 680 F.3d 781, 785-86 (7th Cir. 2012) (discussing the requirements of Rule 52(a)(1)). To the extent that any findings of fact may be considered conclusions of law, they shall be deemed conclusions of law, and vice versa. The court makes its factual findings by the preponderance of the evidence. After considering the admissible evidence, and after assessing the credibility of the witnesses, the court finds and concludes that Bridge received the VA's final agency decision on June 12, 2009, that Smith's notice of appeal to the EEOC was untimely filed, and that Smith therefore failed to exhaust her administrative remedies. Accordingly, the VA is entitled to judgment on Smith's discrimination claim and also on her retaliation claim to the extent it complains of alleged retaliatory conduct occurring before she filed her formal administrative complaint with the VA.
Findings of Fact
In addition to the undisputed evidence from the summary judgment stage set forth above in the Background section, the court makes the following findings of fact:
1. Jeanne Long was a paralegal specialist in the VA's Office of Employment Discrimination and Complaint Adjudication ("ODECA"). Long's testimony at the evidentiary hearing was highly credible.
2. ODECA adjudicates discrimination complaints filed with the VA, such as the formal administrative complaint that Smith filed.
3. One of Long's duties as a paralegal specialist was to dispatch ODECA's mail, although she shared that duty with one other person.
4. Long testified that she was familiar with ODECA procedures for dispatching mail. After a decision on a discrimination complaint has been signed, the person whose duty is to mail the decision out will photocopy the decision, fill out a certificate of service with her name and the date, attach a certificate of receipt, and put an article number on the certificate of receipt. That person then puts the receipt numbers on the envelopes for the complainant (in this case, Smith) and the complainant's representative (in this case, Bridge), and sends them out by certified mail.
5. Long was the paralegal specialist assigned to dispatch the materials concerning the VA's final agency decision in Smith's case. Long did so on June 8, 2009. On that date, Long signed a certification of service (the final two pages of VA Exhibit 6) certifying that Long mailed the VA's final agency decision to Smith and to Bridge on that day.
6. Long does not have a specific recollection of sending the final agency decision to Smith and Bridge. However, the court finds that the ODECA procedures Long described were followed with respect to that final agency decision. In particular, the court finds that Long put the final agency decision and other materials into envelopes addressed to Smith and to Bridge and sent both by certified mail on June 8, 2009.
7. The first two pages of VA Exhibit 7 consist of photocopies of both sides of the certified mail return receipt (also known as a "green card") that was sent with the envelope containing the final agency decision that was mailed to Bridge on June 8, 2009. The certified mail number of the envelope sent to Bridge was: 7004 2510 0004 7510 4310. VA Exhibit 6 at 6.
8. The third page of VA Exhibit 7 is a photocopy of the envelope sent that same day to Smith, which was returned "Unclaimed." The certified mail number of the envelope sent to Smith was: 7004 2510 0004 7510 4303. VA Exhibit 6 at 6.
9. The VA Exhibit 7 green card states that the attached envelope was addressed to "Timothy A. Bridge, Esq., 3N206 Loblolly Lane, St. Charles, IL 60175." The card also states Smith's name and her VA case number, 200J-0578-2007101636.
10. The case number was written on the VA Exhibit 7 green card by the secretary at ODECA before the envelope bearing the card was sent out, in keeping with ODECA's usual procedure in mailing out agency decisions.
11. Smith's name was written on the VA Exhibit 7 green card only after it was returned to ODECA. ODECA does not write the complainant's name on green cards when they are sent out due to privacy concerns with displaying a complainant's name together with her case number on the external part of an envelope sent through the public mails.
12. The space for an "Article Number" on the VA Exhibit 7 green card is blank, even though ODECA standard practice is to write an article number in that space. The court credits Long's testimony that article numbers are sometimes left off, and finds that the absence of an article number does not cast doubt on the court's finding that all other procedures were correctly followed with respect to the green card on the envelope sent to Bridge.
13. The VA Exhibit 7 green card's "Signature" box contains a signature that is not a model of penmanship but that could easily be read to say "Tim Bridge." That green card's "Received by (Printed Name)" box contains the handwritten initials "TAB." That green card's "Date of Delivery" box contains the handwritten date "6-12."
14. VA Exhibit 11 contains several color photocopies of green cards from certified mail sent by the VA to Bridge. On cross-examination, Bridge admitted (and the court finds) that he was the person who signed all of the VA Exhibit 11 green cards.
15. The "Signature" boxes of the VA Exhibit 11 green cards bear signatures that vary in certain minor respects, but that are all in a single individual's handwriting. Each signature could be read as "Tim Bridge, " "Timothy Bridge, " or "Timothy A. Bridge, " though the penmanship is less clear in some cases than in others.
16. The court finds by a preponderance of the evidence that the signatures in the "Signature" boxes of the VA Exhibit 11 green cards and the signature in the "Signature" box of the VA Exhibit 7 green card were made by the same individual.
17. The "Received by (Printed Name)" boxes of the VA Exhibit 11 green cards bear either the initials "TAB" or the name "Tim Bridge" or "Timothy Bridge."
18. Besides being similar as a whole, the signature on the VA Exhibit 7 green card bears the following similarities to the signatures on most or all of the VA Exhibit 11 green cards: a cursive "T" in "Tim" or "Timothy" made in a single upward-and-downward swoop, like a "V" that has been rotated 120 degrees counterclockwise; the "im" in "Tim" or "Timothy" is a single pen stroke that begins at the top of the "i"; and the upper part of the "d" in "Bridge" is a wide loop rather than a single vertical line.
19. The capital "B" on the VA Exhibit 7 green card was made with two strokes of the pen, while most of the capital "B"s on the VA Exhibit 11 green cards were made without lifting the pen. But the "B" on the final green card in VA Exhibit 11, dated 10-1, was made with two strokes and is nearly identical to the "B" on the VA Exhibit 7 green card.
20. Although some of the signatures on the VA Exhibit 11 green cards clearly say "Bridge, " others (the clearest example of which is the signature on the first card, dated 7-16) are nearly identical to the signature on VA Exhibit 7, which might be read to say "Brde."
21. Given all this, the court finds that the signature on the VA Exhibit 7 green card was written by the same person (Bridge) whose signatures are on the VA Exhibit 11 green cards.
22. Bridge testified. Because Bridge was a witness, Smith was represented at the hearing by a second attorney, who examined Long and Bridge and made a closing statement.
23. Bridge is an attorney licensed to practice in Illinois. Bridge has specialized in employment discrimination law for the past twenty years.
24. Bridge testified that he did not receive the VA's final agency decision in Smith's case on or about June 12, 2009. Although the court finds that this testimony was sincere, meaning that Bridge believed he was telling the truth, the testimony is unpersuasive.
25. Bridge did not specifically recall whether he had received an envelope containing the final agency decision by certified mail on June 12, 2009.
26. Bridge testified that his usual office procedure when receiving certified mail is for him to sign the mail notice or green card, to write the date that the piece of mail was received on the envelope, to write the date on the document contained within the envelope, and then to place the document in the relevant case file.
27. The court finds that while this may be Bridge's usual procedure, it was not followed on June 12, 2009, with the result being that Bridge lost track of the VA's final agency decision in Smith's case.
28. No other person in Bridge's home or office, other than himself, is authorized to sign his name on certified mail green cards.
29. Plaintiff Exhibit 8 consists of photocopies of "Track & Confirm Delivery Status" inquiries made by Bridge in December 2011 regarding the mailing of the VA's final agency decision to Smith and Bridge in early June 2009. The response to both inquiries state: "There is no record found for this mail piece." Because it is clear that a certified mail envelope was sent to Smith and returned "Unclaimed, " VA Exhibit 7 at 3, the "no record" response to the inquiry for Smith's envelope shows that the Postal Service's certified mail records are incomplete. Given this, the "no record" response to the inquiry for Bridge's envelope does not indicate anything about that envelope.
30. Bridge was presented at the evidentiary hearing with the VA Exhibit 7 green card. Bridge testified that the signature on that card is not his. This testimony was not persuasive because the signature clearly belongs to the same person who signed the VA Exhibit 11 green cards and because Bridge was the person who signed those green cards.
31. Bridge testified that the signature on the VA Exhibit 7 green card is not his because it misspells his name, dropping the "i" and the "g" in "Bridge." This testimony is unpersuasive. The penmanship is not of the highest grade, but there is nothing uncommon about a person's having a signature that elides certain letters in his name. (For an extreme example, see the district judge's electronic signature at the end of this opinion, which is the same signature used on all of his opinions.) Moreover, some of the "Bridge" signatures in the VA Exhibit 11 green cards also drop the "i" and "g, " and Bridge admitted that those were his signatures.
32. Bridge testified that the "B" in the signature on the VA Exhibit 7 green card is not his because "almost without fail, my B is created from the bottom going up and making two loops. This appears to be either a trace or somebody made a strike down first and then made the [loops of the B] thereafter, rather than one smooth movement."
33. Bridge's description of the B on the VA Exhibit 7 green card is accurate, as is his description of how he usually writes the letter B. But at least one of the VA Exhibit 11 green cards has a B identical to the B on the VA Exhibit 7 green card, indicating that Bridge sometimes writes his B with two strokes. On cross-examination, Bridge conceded (and the court finds) that there is a range of variation in his signatures in the VA Exhibit 11 green cards.
34. The VA Exhibit 7 green card was attached to an envelope that was sent to Bridge's address on or around June 8, 2009, and that contained the VA's final agency decision in Smith's case.
35. Bridge received that envelope at the time that he signed the attached VA Exhibit 7 green card, on or about June 12, 2009.
36. Thus, Bridge received the VA's final agency decision on or about June 12, 2009.
37. Bridge filed Smith's notice of appeal with the EEOC on August 4, 2009, more than thirty days after he received the VA's final agency decision.
Conclusions of Law
Bridge received the VA's final agency decision more than thirty days before he filed Smith's notice of appeal with the EEOC. To be timely filed, that notice of appeal had to be filed within thirty days of Bridge's receipt of the final agency decision. See 29 C.F.R. § 1614.401(a) ("A complainant may appeal an agency's final action or dismissal of a complaint."); id. § 1614.402(a) ("Appeals described in § 1614.401(a)... must be filed within 30 days of receipt of the dismissal, final action or decision."). Therefore, the EEOC correctly held that the notice of appeal had not been timely filed and properly dismissed the appeal as untimely. It follows that Smith failed to properly exhaust her administrative remedies. This failure to exhaust requires dismissal of Smith's discrimination claim, which rests entirely on alleged misconduct occurring before she filed her formal administrative complaint with the VA. See Teal, 559 F.3d at 693; Smith, 445 F.3d at 1006 n.14; Ester, 250 F.3d at 1071; Gibson, 201 F.3d at 994.
The impact of Smith's failure to exhaust on her retaliation claim presents a more complicated issue. Although the general rule provides that a Rehabilitation Act or Title VII plaintiff may bring only those claims that have been exhausted, the Seventh Circuit has carved an exception, holding that "a separate administrative charge is not prerequisite to a suit complaining about retaliation for filing the first charge." Malhotra v. Cotter & Co., 885 F.2d 1305, 1312 (7th Cir. 1989); see also Horton v. Jackson Cnty. Bd. of Cnty. Comm'rs, 343 F.3d 897, 898 (7th Cir. 2003) ("Retaliation for complaining to the EEOC need not be charged separately from the discrimination that gave rise to the complaint, at least... if the person discriminated against and the person retaliated against are the same.") (citations omitted); Gawley v. Ind. Univ., 276 F.3d 301, 314 n.8 (7th Cir. 2001) ("Of course, an employee is not required to file a separate EEOC charge alleging retaliation when the retaliation occurs in response to the filing of the original EEOC charge."); Heuer v. Weil-McLain, 203 F.3d 1021, 1023 (7th Cir. 2000) (same); McKenzie v. Ill. Dept. of Transp., 92 F.3d 473, 482 (7th Cir. 1996) (holding that a plaintiff may bring suit on a retaliation claim not included in her administrative charge "where the alleged retaliation arose after the charge of discrimination had been filed") (quoting Steffen v. Meridian Life Ins. Co., 859 F.2d 534, 545 (7th Cir. 1988)); Malhotra v. Cotter & Co., 885 F.2d 1305, 1312 (7th Cir. 1989) ("[W]e join the other circuits that have spoken to the question in adopting the rule that a separate administrative charge is not prerequisite to a suit complaining about retaliation for filing the first charge."). The rationale for this exception is that requiring exhaustion of a claim that the plaintiff's employer retaliated against her for filing an administrative charge "would mean that two charges would have to be filed in a retaliation case-a double filing that would serve no purpose except to create additional procedural technicalities when a single filing would comply with the intent of Title VII." McKenzie, 92 F.3d at 482 (quoting Gupta v. E. Tex. State Univ., 654 F.2d 411, 414 (5th Cir. 1981)). Consistent with this rationale, the Seventh Circuit held that this exception does not apply to claims based on alleged retaliatory acts committed before the plaintiff's filing of an administrative complaint, since such retaliation could be alleged in the initial administrative complaint and therefore would not require a "needless" second administrative complaint. Id. at 482-83. As the Seventh Circuit explained:
In this case, Ms. McKenzie alleges several retaliatory acts, and two of those acts occurred prior to her filing of her original EEOC charge. Yet Ms. McKenzie did not mention her claims of retaliation in either her original charge against IDOT or her amended charge filed several months later. Because each of those incidents of retaliation could have been-and should have been-included in her administrative charges, they cannot now serve as the basis of the retaliation claim alleged in her complaint.
Id. at 483.
Like the plaintiff in McKenzie, Smith appears to allege retaliatory acts occurring both before and after she filed her formal administrative complaint with the VA. Doc. 1 at ¶ 36(F) (referring to retaliation for "participation in EEO activity"). The complaint is not detailed, and the court cannot determine at this stage whether any of the alleged retaliatory acts occurred after Smith filed her formal complaint with the VA. For now, it is enough to say that, under McKenzie and similar Seventh Circuit decisions, Smith's failure to exhaust precludes her from proceeding with her retaliation claim to the extent it is based on alleged retaliatory conduct occurring before she filed her formal administrative complaint with the VA, but that she may proceed with her retaliation claim to the extent (if any) that it pertains to allegations of post-filing retaliation.
Before closing, the court notes that there may be some uncertainty regarding whether National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), abrogated the aforementioned exception to the exhaustion rule. In her brief opposing summary judgment, Smith submitted that she was entitled to the benefit of the exception. Doc. 31 at 11-13. The VA did not argue in its reply brief that Morgan had abrogated the exception, Doc. 39 at 8-9, thereby forfeiting the point. See Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466 (7th Cir. 2010) ("Failure to respond to an argument... results in waiver."). Even if the VA had argued that Morgan abrogated the exception, the court would have rejected that argument for the reasons given in Fentress v. Potter, 2012 WL 1577504, at *2 (N.D. Ill. May 4, 2012).
For the foregoing reasons, the VA is entitled to judgment on Smith's discrimination claim (Count I of the complaint) and on her retaliation claim (Count II of the complaint) to the extent it rests on alleged retaliatory acts occurring before she filed her formal administrative complaint with the VA. Smith may proceed with her retaliation claim to the extent, if any, it rests on alleged retaliatory acts occurring after she filed her formal administrative complaint with the VA.
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