text:
Passover Coconut, Almond, Orange, Chocolate Macaroons
Total Time
Prep 30 mins
Cook 20 mins
A twist on the traditional macaroon with orange zest dipped in chocolate. Great for passover or any other occasion. I just made these and they are so delicious I had to post the recipe right away. It's my first recipe posted, so let me know what you think.
Ingredients Nutrition
- 3 egg whites
- 1 cup granulated sugar
- 1⁄4 teaspoon salt
- 1⁄2 teaspoon vanilla
- 2 1⁄2 cups desiccated coconut
- 1 cup slivered almonds or 1 cup finely chopped almonds
- 1 orange, zest of
- 1 cup chocolate chips
- Preheat the oven to 350°F (180°C). Lightly grease 2 baking sheets.
- In a medium bowl, with electric mixer on high, beat egg whites into soft peaks. Gradually add sugar and salt, beating after each addition until peaks are glossy. Fold in vanilla and orange zest. Fold in coconut and nuts.
- With hands, roll heaping tablespoonfuls of mixture into rounds and set on baking sheets. Bake 20 to 25 minutes, or until golden. Cool on racks.
- Place chocolate chips in microwave-safe bowl and microwave at 25 second increments until chocolate chips are shiny.
- Dip bottoms of macaroons in chocolate.
Most Helpful
Yum! Yum! Yum! We loved making and eating these delicious once-a-year treats. The flavor combination is perfect. We dipped half in chocolate and left the other half without. It would be hard to say which was better. Thank you for posting this recipe! Ours cooked in about 15 minutes and yielded 36 cookies.


text:
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manchester, corporate events, Activities
The Powerturn buggy is a completely new type of vehicle providing maximum fun with maximum safety. It's two drive wheels are "powered" at different speeds (by two engines) to make the Powerturn "turn".The Powerturn Buggy is also the first vehicle that anyone can wheelie safely even around corners and can often be driven round a track quicker than a conventionally steered vehicle - but it's also great fun sliding it and spinning it in all directions.
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subset: commoncrawl


text:
Dear Friend of Insight for Living Ministries:
The holiday season is normally a time of joy and celebration.
I would love to stay with that familiar theme as I write you today, but the reality of our times won't let me.
Our world is on fire, and no amount of holiday cheer can quench the flames. You nor I can remember a time more dangerous or uncertain. Stories of persecution proliferate around the globe. Terrorism is at an all-time high. Murders make the news night after night. Not even our local police force is safe. Mob violence in city streets is commonplace. Most attempts to curb it prove futile. The flames of racial tension, governmental corruption, educational mediocrity, and occupational unemployment intensify the inferno. Our world's on fire and everybody knows it.
When a fire rages near your house and the winds blow toward you, you grab what is most important. There isn't time to shuffle through nonessentials. Threatening flames require immediate decisions based on highest priorities. What's true in a house is all-the-more true in life.
What do we need most when the world's on fire? We need God. We need what only He can bring: relief from panic, determination to endure, hope beyond the flames, and peace within. People need to know where to find Him and how to trust Him as they seek to survive the flames.
That acute reality prompted me to write my most-recent book, Finding GOD when the World's on FIRE. Realizing the all-important value of knowing and trusting God in these treacherous times, I was compelled to address those issues with passion.
The same passion has fueled Insight for Living Ministries for more than 37 years. I have never been more committed to this relevant message—how could I not be in a world this dangerous and threatening?
Your gift to the ministry this month is crucial to helping people continue to find God amidst the flames. Please be unusually generous! Your December donation assures me that we're not alone as we confront today's inferno.
Aglow with intense gratitude,
Charles R. Swindoll
Dr. Seuss wasn't thinking of me when he wrote How the Grinch Stole Christmas. Charles Dickens would not have asked me to play Scrooge in his story. In spite of what you may read later . . . remember that! I'm not anti-Christmas, nor do I brandish the overused bumper sticker, "Put Christ Back into Christmas." Our family has a tree every year. We exchange presents, play Christmas music, sing carols, enjoy the festivities, and even wish a few people "Merry Christmas." Believe me—I have no bone to pick with the yuletide season, unless it's off the turkey.
But you'll have to agree, the season is not without its unique problems and temptations. Our lovely land of plenty drifts dangerously near insanity three or four weeks every year, and it is to that issue I'd like to address. According to the United States Census Bureau, over the past few years:
Those are the facts. They have been documented.
With all this Christmas commotion, there's a "cosmic lure" that draws many like a magnet. Emotions, unpredictable and undisciplined, begin to run wild. Nostalgia mixed with eleven months of guilt can prompt purchases that are illogical and extravagant. Neighborhood pressure can cause houses to be strung with thousands of lights. Television advertising, Christmas bank accounts, and special "wish books" only increase the pull of the magnet that inevitably ends with the sound of the cash register or the hollow snap of the credit card.
I remind you . . . I'm not against the basic idea of Christmas or the beauty of the scenery. My plea is for common sense and balance; that's all. We Christians need to be alert to the dangers . . . then think through a strategy that allows us to combat each one. I'll mention only four.
1. Doctrinal Danger . . . substituting the temporal for the eternal.
A couple of Scriptures give needed counsel here: "Do not conform any longer to the pattern of this world . . . be transformed" (Romans 12:2 NIV)! "Keep seeking the things above, where Christ is. . . . Set your mind on the things above, not on the things that are on earth" (Colossians 3:1–2).
It's important that we rivet into our heads exactly what we're celebrating. It is our Savior's arrival, not Santa's. The significance of giving presents is to be directly related to God's presenting us the gift of His Son—and our kiddos need that reminder year in and year out.
2. Personal Danger . . . impressing but not imparting.
We represent the King. We are His chosen ambassadors, doing His business "in season and out of season" (2 Timothy 4:2). Then let's represent Him this season! People are wide-open to the gospel these days. Forget about trying to impress others by what you buy. Spend more time imparting what you already possess.
3. Economical Danger . . . spending more than you have.
Before every purchase, think. Ask yourself some direct, penetrating questions: "Is this within my budget?" "Is it appropriate?" "Is it really saying what I want it to say?" Gifts you make are often much more appreciated and much less expensive than those you buy. Stretching the dollar usually involves planning ahead. A safe rule to follow is this: if you don't have the cash—don't buy it. For example, my wife and I decided years ago that Christmas cards had to go. No offense, now. That's just an illustration of something God spoke to us about. We found cutting out Christmas cards saved us many dollars and gobs of time.
4. Psychological Danger . . . getting built up for the letdown.
One of the most effective maneuvers of the world system is to create a false sense of excitement. The Christian can get "high" very easily on the crest of Christmas. The afterglow can be a dangerous, depressing experience. Guard yourself. Keep a firm hand on the controls of your mind and emotions. Don't be deceived. Enjoy the 25th . . . but not at the expense of the 26th. If you stay occupied with the Person, you'll seldom have to fight off the plague. Make Hebrews 12:3 your aim—"consider Him"; just think about Him.
Enjoy the holidays now. Have a wonderful time on Christmas . . . and on New Year's Day. Just think, this could be our last, so let's make it our best.
Copyright © 2010 by Charles R. Swindoll, Inc
Contact 1300 467 444


text:
2 Bedroom Apartment in Bryanston
Denise Weinstein
Urban Limits-Estate Agency CC
Madge Germanus
Urban Limits-Estate Agency CC
2 Bedroom Apartment in Bryanston
Two bedrooms, wooden floors in both rooms, with one tiled bathroom with shower, bath, basin.
Open plan kitchen with granite counters, space washing machine and dishwasher.
Wooden floors, in bedrooms, lounge, dining room, passage and kitchen.
In closed patio with stack doors to open .
The apartment has Wifi connections
Secured complex with Clubhouse, two swimming pools, tennis court and squash court.
24 hour Security Guard with Electric Fencing.
Two covered parking bays.
Biometric system Finger Print System for all residents that live in the complex.
Electronic visits book for all visitors that enter.
Close to all the main shopping centres, Bryanston Shopping Center, Sandton City, Hyde Park and Fourways. Close to Bryanston High School, St Stithians School.
Sale Price R1630 000 00.
And the Furnisher is Sold Separately for R70 000 00.
Levies R1792.37
Special Paint levy R174.94
Rates R550.00.
No Pets
Key Property Features
Email the@contactType or request the agents Call You Back should you wish to set up an appointment to view this property or ask for more details.
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|Loan Value (Capital)
|Total Interest
|Total Repayment
Experience Sandton
Sandton is a vibrant, modern neighbourhood that contains the richest square mile in Africa. It is the business gateway into Africa for many large corporations and attracts thousands of ambitious people seeking their fortunes. But Sandton is not just about big business, residents find plenty of time for leisure too. World class shopping centres, and a buzzing social scene are a huge hit with the young and young at heart. Perhaps surprisingly, there is a huge amount of green space in the area that residents take advantage of to exercise or just take a breather.Find out more about Sandton
Similar Property for Sale in Bryanston
Apply for a Home Loan


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Love the laser cat
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Comments about Spencer's Laser Cat Dinosaur T shirt:
I bought this for my 12 year old son. He loves it
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Found 157 Physical Science tutors in Ann Arbor, MI 48103 – page 1 of 16.
Ann Arbor 48104 · 6 miles from downtown · teaches Physics, Pre-Algebra, Pre-Calculus
- BS and MS in electrical engineering. - electronics and music hobbyist. I have volunteered or substitute taught in junior high math, science, and technology.Green Apple rating, member for 1 year and 6 months
Plymouth 48170 · 18 miles from 48103 · $40/hour · teaches Elementary Science
I have a bachelors degree from Arizona State University in Computer Science and completed a software engineering program with the University as well.Green Apple rating, member for 6 months
Ann Arbor 48103 · 0 miles from downtown · $40/hour · teaches Physics, Pre-Algebra
In addition to tutoring, I have teaching experience as a study group leader for physics at U of M and as a rank leader in the Michigan Marching Band.Green Apple rating, member for 12 months
Ann Arbor 48104 · 6 miles from downtown · $30/hour · teaches Physics, Pre-Algebra, SAT
I graduated from San Diego State University with distinction in mathematics in 2010. I have also earned a M.S. in physics from the University of Michigan.Green Apple rating, member for 1 year and 7 months
Ann Arbor 48108 · 7 miles from downtown · $35/hour · teaches ACT Science, ACT Math, ACT
I attended Spelman College and Georgia Institute of Technology, where I received my Bachelor of Science in Mathematics and Mechanical Engineering, respectively.Green Apple rating, member for 9 months
Brighton 48114 · 22 miles from 48103 · $45/hour · teaches Science, Math
Bachelor of Science in Engineering: Chemical Engineering. Bachelor of Science in Engineering: Materials Science and Engineering. Scott Bailey of Brighton...Green Apple rating, member for 1 year and 5 months
Ypsilanti 48198 · 13 miles from 48103 · $45/hour · teaches LSAT
I scored above the 99th percentile on a recently administered LSAT. I have taken multiple courses in formal logic and have experience in tutoring it independent from the LSAT.Green Apple rating, member for 1 year and 2 months
Novi 48377 · 25 miles from 48103 · $60/hour · teaches Algebra, Algebra 1, Algebra 2
I have my Bachelor of Science and Masters of Science in Mechanical Engineering from Lehigh University. I have tutored ACT Math for over seven years.Green Apple rating, member for 7 months
Ann Arbor 48109 · 7 miles from downtown · $60/hour · teaches Science - algebra 1 -
I am currently a senior at the University of Michigan's College of Engineering pursuing a B.S.E. in Computer Science. Throughout the past several years I have tutored many...certified
Ann Arbor 48103 · 0 miles from downtown · $50/hour · teaches Science - algebra 1 -
I graduated from the University of Michigan with a major in Mechanical Engineering in December 2013 and a GPA of 3.7. After working in the engineering industry for two years...certified


text:
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You have found the definitive source for the meaning of BYOB. This page contains all the definitions of BYOB, crowd sourced, moderated and curated by real people who care about the true definitions of BYOB.
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December 20, 2011
WILLIAM THOMAS COATS, PLAINTIFF,v.T. KIMURA, ET AL.,DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel. Two motions are presently pending, which the court will address seriatim.
I. Plaintiff's Motion to Compel
On October 21, 2011, plaintiff filed a motion to compel defendant Chambers to provide responses to the first set of interrogatories that are in the proper format, and to respond to the second set of interrogatories. In addition, plaintiff claims that defendant Chambers provided "a name rank and serial number response to most of the set number one interrogatories," and asks the court to compel defendant "to fully elaborate on any and all [of] the interrogatories." (Dkt. No. 76 at 2.)
In opposition, defendant Chambers states that responses were inadvertently provided in the wrong format, and that upon receipt of plaintiff's motion, defendant sent amended responses in the proper format to plaintiff on October 25, 2011. Defendant Chambers did not respond to the second set of interrogatories because plaintiff's second set of interrogatories exceeded the limit provided in Rule 33(a)(1) of the Federal Rules of Civil Procedure. Defendant Chambers contends the responses provided were appropriate and raised proper objections.
Rule 33(a)(1) provides that absent stipulation or court order, a party is limited to 25 written interrogatories. Accordingly, defendant Chambers is not required to respond to the second set of interrogatories because the first set of interrogatories contained 25 questions. Defendant provided plaintiff with properly-formatted responses to the first set of interrogatories; thus, plaintiff's motion to compel defendant Chambers to provide properly-formatted responses is denied as moot.
With regard to plaintiff's motion to compel further substantive responses to the first set of interrogatories, plaintiff's motion is insufficient. Here, plaintiff contends "most" of the responses were "name rank and serial number" and asks that defendant Chambers be required to "fully elaborate on any and all the interrogatories." (Dkt. No. 76 at 2.) The court is not required to review a set of interrogatories and attempt to intuit plaintiff's objections to the responses provided. Plaintiff must address each interrogatory answer challenged and explain why he contends the response is insufficient. Thus, plaintiff's October 21, 2011 motion to compel is denied without prejudice.
II. Defendant Chambers' Motion to Modify Scheduling Order
On November 9, 2011, defendant Chambers filed a motion to modify the court's discovery and scheduling order in light of the recent service of process on defendant Chambers, as well as the recommendation that defendant Chambers' motion to dismiss be denied. On December 14, 2011, the district court adopted the recommendation, and defendant Chambers was ordered to file an answer within fourteen days.
Plaintiff opposes the modification, claiming service of process on defendant Chambers was unduly delayed, and that because the court denied plaintiff's motion to extend discovery on June 27, 2011, the court should also deny defendant Chambers' motion as well.*fn1
Plaintiff complains that his allegations arose in 2008, and further delay is unacceptable. On November 29, 2011, defendant Chambers filed a reply, contending plaintiff failed to demonstrate any prejudice from the delay. Defendant Chambers argues he would be severely prejudiced if the court fails to extend the December 6, 2011 discovery deadline, as he has been unable to obtain meaningful discovery given his late appearance in the case.
"The district court is given broad discretion in supervising the pretrial phase of litigation." Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation and internal quotation marks omitted). Rule 16(b) provides that "[a] schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "The schedule may be modified 'if it cannot reasonably be met despite the diligence of the party seeking the extension.'" Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson., 975 F.2d at 607).
Defendant Chambers first appeared in this action on September 6, 2011, by filing a motion to dismiss. The motion to dismiss was recently denied on December 14, 2011. Thus, this court finds good cause to modify the scheduling order. In order to alleviate any prejudice to plaintiff by this delay, the court will re-open discovery as to all parties. The court is not inclined to grant any further extensions of these deadlines, so the parties are encouraged to propound discovery accordingly.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's October 21, 2011 motion to compel (dkt. no. 76) is denied without prejudice;
2. Defendant Chambers' November 9, 2011 motion (dkt. no. 79) is granted; and
3. The September 6, 2011 scheduling order (dkt. no. 70) is modified as follows:
a. The discovery deadline is extended to March 30, 2012. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date.
b. The deadline for filing all pretrial motions, except motions to compel discovery, is extended to May 30, 2012. Motions shall be briefed in accordance with paragraph 7 of this court's order filed December 20, 2010.
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MakerBot Hero: Car Keys (Part II)
The last post covered my decision to remake/repair my mother's car key. Frankly, I'm surprised I haven't been fired from this job for not having fixed this problem immediately. In my defense, from the moment I learned of this issue I dropped everything to begin working on it.
A critical step to printing a replacement part is measuring your existing parts to make sure the replacement components will fit well. I find the easiest way to start doing this is to simply trace the existing parts on a white sheet of paper. Once this has been completed, I flesh out the "sketch" a little and draw in all of the measurements.
Once the measurements have been taken down and associated with the relevant areas on the existing parts, I like to create a digital representation of these parts. Doing so allows me to use those existing components as a basis for developing the replacement parts. With printing tolerances, a little ooze, and some very minor Z axis wobble I find that 0.5mm – 1.0mm room on all sides is sufficient to develop parts that print and fit together nicely.
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397 Misty Dawn Drive,Hamilton Twp OH, 45039
3 beds , 2 Full baths
1,578 sq. ft
Status: Active
Berkshire Hathaway HomeServices Professional Realty
(800) 599-8936
Last Updated: 12/9/2016 1:07 PM
Description for 397 Misty Dawn Drive Hamilton Twp, OH 45039
Listing Information
Hamilton Twp.
Public Water Service
Public Sewer
Natural Gas
School Information
Room Information
Interior Features
Central Air
Gas Heat, Forced Air
Insulated, Vinyl Frame
Exterior / Lot Features
2 Garage Spaces, Driveway, Off Street
Brick, Vinyl
Financial Considerations
Inside AccessTM
Current market conditions for 397 Misty Dawn Drive
Active Market Trends
Source:MLS DATA
Median list price$284,520
Days on market105
Properties for sale144
Sold Market Trends
Source:MLS DATA
Median sold price$217,500
Sales to list price9,744.0%
Properties sold133
Median sq ft price$89
Arrows indicate 90 day trend
Listing Price History for 397 Misty Dawn Drive
Hamilton Twp Real Estate
Hamilton Twp is located in Ohio. Hamilton Twp, Ohio 45039 has a population of 400.
The median household income in Hamilton Twp, Ohio 45039 is $62,986. The median household income for the surrounding county is $72,055 compared to the national median of $53,046. The median age of people living in Hamilton Twp 45039 is 39.9 years.
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Check in from 14h / Check out prior to 11h
Summerwood Guest House: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Stellenbosch, South Africa.
Situated in Stellenbosch, this 4-star property is stylish and modern. The bed & breakfast offers an outdoor pool, as well as rooms with private terraces.
Hotel description
Summerwood Guest House provides modern accommodation, as well as a beauty centre, meeting rooms and bicycle rental. In fine weather, an outdoor terrace offers a nice spot to relax.
Summerwood Guest House's 9 stylish rooms provide a mini bar, a refrigerator and wireless internet access, plus all the essentials for an enjoyable stay. A desk, a ceiling fan and a telephone can also be found in each.
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Summerwood Guest House is a convenient base to explore nearby Spier Wine Estate, as well as everything the local area has to offer. The bed & breakfast also provides parking for those travelling by car.
Hotel features
Room Service, Restaurant, Bar / Lounge, Air Conditioned, Non-Smoking Rooms, Mini Bar, Refrigerator, Hair Dryer, TV, Shower
Business Center, Dry Cleaning, Safe-Deposit Box, Wake-up Service, Meeting Rooms, Laundry service, Bicycle Rental, Shops, Photocopier, Desk, Luggage Storage, Self Laundry
Swimming pool, Tour Desk, Massage / Beauty Centre, Bath / Hot Tub, Garden, Pool Outdoor
Internet Connection (wireless)
Parking, Airport shuttle
Packed Lunches, Souvenirs/Gift Shop, Gay/Lesbian Friendly
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Summerwood Guest House also viewed these 4 stars Stellenbosch hotels:
Roosenwijn Guesthouse Stellenbosch
14 Van Riebeeck Street, Stellenbosch
14 Van Riebeeck Street, Stellenbosch
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text:
- $1,895,000
- 107 Days on site
- Est: $7,021/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 5
- Baths: 4 Full
- Single Family Home
- 3,522 sq ft
Situated on a special street in one of the most desirable areas of the Westcliff/Dover Shores neighborhood, this gem of a family home awaits you with infinite opportunity. This property is ideally located just steps from the Back Bay, a bike ride to the beaches of Newport and many world-class amenities. Immaculately cared for; this traditional home exudes charm, warmth and is ready for you to make your mark on it. A gated pull through driveway provides privacy and security. Beautiful botanicals and a mature olive tree in the front yard greet you upon entry. With four spacious bedrooms upstairs and a full bedroom and bathroom downstairs, there are floor plan options for any family dynamic. Lush rear yard landscape and mature hedges preserve privacy, retain allure and evoke relaxation from the rear patio overlooking the pool and spa. Click here to learn more about this listing.
- Year Built: 1965
- 107 Days on site
- Single Family Home
- Beds: 5
- Baths: 4 Full
Listing Details
- Family Room
- Yes
- Living Room
- Yes
- Attic
- Yes
- Bonus Room
- Yes
- Utility Room
- Yes
- Lot Size
- Approximately 9147 Square Feet
- Parking
- Parking Space (2)
- Features
- Lawn Sprinkler System, Stucco Exterior, Wood Exterior
- Heating
- Furnace Heat
- Assessed Taxable Amount
- $724,076
- Tax Amount
- $7,724
- Last Transaction Date
- 07/31/1997
- Last Transaction Purchase Price
- $545,000
- Property Type
- Single Family Residence
- Bedrooms
- 5
- Bathrooms
- 4
- Home Size (Sqft)
- 3,522
- Lot Size (Sqft)
- 9,350
- Lot Size (Acres)
- 0.21
- Year Built
- 1961
- Units
- 1
- Pool
- Yes
- Parking
- Garage
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Mariners Elementary
- 2100 Mariners Dr
- Woodland Elementary
- 2025 Garden Ln
- Our Lady Queen Of Angels School
- 2046 Mar Vista Dr
Nearby Middle Schools
- Our Lady Queen Of Angels School
- 2046 Mar Vista Dr
- Corona Del Mar High
- 2101 Eastbluff Dr
- St Joachim Elementary School
- 1964 Orange Ave
Nearby High Schools
- Newport Harbor High
- 600 Irvine Ave
- Corona Del Mar High
- 2101 Eastbluff Dr
- Monte Vista High
- 390 Monte Vista Ave
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
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Top Definition
An item or feature that, while it initially appears to or is presented as having value, actually turns out to be relatively worthless.
My ISP sent me a CD of supposedly great software, but it just turned out to be nothing but gimcracks and swag.
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making dope playlists
raising one eyebrow
finding the perfect gift
making lists
So definitely the flames. Or my freckles.
Movies: Before Sunset, Amelie, The Philadelphia Story, Eternal Sunshine of the Spotless Mind, The Royal Tenenbaums, When Harry Met Sally, Stripes, The Princess Bride
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Music: Rilo Kiley, LCD Soundsystem, Jenny Lewis, Ryan Adams, Fiona Apple, Silversun Pickups, Tegan & Sara, Florence + The Machine


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Featured property
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2 Bedrooms Maisonette Flat for sale
Calling all investor buyers! you must come and see this good size first second floor maisonette which has lovely high ceilings and would be an ideal first time or investment purchase…
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Tel: See phone number 01273 772175
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Dodge model cars for sale on US's largest classifieds sites (67 results)
1946 Dodge D-24 Model
QR Code Link to This Post Dark Blue 1946 D-24 Model 4-door sedan. Fluid
Year: 1946, Make: Dodge
White Dodge Challenger R/T Model
QR Code Link to This Post I am trying to sell my pretty much brand new D
Year: 0, Make: Dodge, Model: Challenger
Dodge Grand Caravan SE model inspected nice shape very clean
He\'s a very nice Dodge Grand Caravan SE model very clean inside nice looking excellent family vehicle seats 7 .. beautiful on gas mileage give me a call 684-3376 regatta 3 Vans to choose from what\'s more there\'s too much to list just give a call we do trade ins and payments with half down
***Dodge Grand Caravan SE model inspected
\"\"\"This is a very nice van***** ready to go give a call for all inquiries 684-3376.. over 20 vehicles to choose from ...We do take trade ins plus payments with half down give a call for all appointments and choir e thank you and here\'s a few pictures and have a great day..
****Dodge Grand Caravan SE model new tires Plus expected
This is a very nice vehicle brand new tires plus inspection give a call 684-3376 if you don\'t have the full amount of money I can do payments we have many vehicles to choose from just give me a call there\'s like 20 vehicles we have the best deals and the best prices ... yes we take trade ins and her...
1946 Dodge Deluxe Model D50
1946 Dodge Deluxe Model D50 car, suicide doors, decent interior and door panels, nice dash, needs carpet. Tuned up and runs good. grill and trim removed and ready for paint. Needs brakes and have the parts to assemble the brakes. $2000.00 as is or a little more if i complete the brakes. Need the room,...
Year: 1946, Make: Dodge
2013 Dodge Grand Caravan Mini-van, Crew model
2013 Dodge Grand Caravan. Crew model. EXCELLENT shape. Clean title. Air, cruise....loaded. Uconnect system. Heated steering wheel and heated rear seats. Cloth interior. Dark blue exterior. Stow-n-go seating. Tow package. 29,000 miles. No scratches or dings. HEATED garage kept. Power side doors...
Year: 2013, Make: Mini, Model: Grand caravan
2002 Dodge Dakota SLT PLUS Model - 4x4 Club Cab
One owner 2002 Dodge Dakota SLT PLUS Model, 4x4 Club Cab, 45RFE 6 speed Auto, 4.7L Magnum V-8, 154,000 mi, power windows, doors locks, heated mirrors, cruise, tilt, CD/am/fm, sliding rear window, factory 8\"x16\" premium cast aluminum wheels, good tires, trailer hitch, inspected through July 2017, com...
06 Dodge 2500 4WD Mega Cab - SLT Model - Cummins Diesel
*2006 Dodge 2500 4WD Mega Cab*SLT Model*5.9-L Cummins Diesel *Auto Trans.*220k Miles*Interior: power door locks, power windows, cruise control, AC, CD player, power seats, power rear slider (seats show a little wear)*Nice Wheels and 33 x 12.5 x 20 Tires*Exterior: in good co
Year: 2500, Make: Dodge
Dodge Neon STX 05 model 4dr automatic
Dodge Charger SE -07 model
Dodge Van RAM 1500 model
2010 Dodge Ram 2500 4x4 4wd 6.7 Cummins Diesel Laramie Model Low Miles
2010 Dodge Ram 2500 6.7 Cummins Diesel 4x4 Laramie www.mjkautosalesinc.comMileage: 68,803Drivetrain: 4 Wheel DriveInterior Color: Dark Slate GrayFuel: DieselExterior Color: Brilliant Black Crystal Pearl Coat/Light Graystone Pearl CoatTitle: ClearVIN: 3D7UT2CL5AG
Weber gas grill model Honda Chevy Ford Dodge
Moving must sell Weber gas grill today best offer Cash & Carry Honda Ford Dodge Chevy Acura
Year: 0, Make: Honda
1965 Dodge Coronet Model 440
**Hard to Find****Please refer all questions to the phone number provided, ty!1965 Dodge Coronet Model 440. 2 Door Hardtop, Texas Car.Factory Air, 318 Automatic engine.Very good restorable car. Car is on the road and drivable.$5,000 firm, Town of Lockport Can leave a voice mess
Dodge 2500 with Cummins diesel 2001 model
2001 Dodge 2500 with 5.9 liter Cummins diesel I am the second owner of this truck the truck has never had to work all highway miles truck is in really good condition cold AC automatic transmission all interior is in really good shape except for one tear on the driver\'s seat the truck has 264000 miles...
Year: 2500, Make: Dodge


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Jai Balaji Industries: Increasing Revenue by Sourcing Wisely with Ariba Sourcing
Take a look at how this India-based steel manufacturer leveraged an e-sourcing platform by deploying the Ariba Sourcing solution. Jai Balaji Industries was able to connect to a vast supplier network to source high-quality supplies at the best price, gain the best services for the business, and effectively increase its revenue. Download the Document


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Friday, 24 October 2014
Review: Good Question - How Strong Is an Ant? by Mary Kay Carson
Publisher: Sterling
Format: Paperback
Released: September 7th, 2014
Rating: 7/10
Amazon summary:
Are there more insects than people on Earth? Are all bugs insects? And can all insects fly? From the number of legs a ladybird has to the truth about whether termites eat wood and why crickets chirp, this cool book helps children discover some of the world's most amazing creatures.
Are there more insects than people on Earth? Are all bugs insects? Why do crickets chirp? The answers to these questions, and many more, can be found within the pages of How Strong Is an Ant?, a new fact-filled book all about bugs and insects.
Now I'm not a *huge* fan of insects myself; I detest spiders but don't mind most other kinds. Even though I'm not a big enthusiast, I really enjoyed this book and all the information it has to offer. I'm a firm believer in the notion that you can never have too much general knowledge in your head, so books like this are great reading material!
This book is set out in the same way as the rest of the series, with at least one question per page and illustrations to go with them. It's a great introduction to insects and tells you pretty much everything you need to know, including the metamorphosis of an insect and lots of information pertaining to their habitats and food. I even found out that Goliath beetles are among Earth's largest living insects - how's that for some trivia!
The Good Question series of books is perfect for anyone who wants to learn while reading fun facts and figures, and How Strong Is an Ant? is sure to be a hit with insect-loving younger readers. You'll definitely turn the final page knowing you have a better understanding and knowledge of these little critters, and maybe it will even inspire a new generation of bee keepers. Who knows!
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March 24, 2010
UNITED STATES OF AMERICA, PLAINTIFF,v.RICO M. DAVIS, DEFENDANT.
This matter was referred to United States Magistrate Judge Clifford J. Proud for the specific purpose of conducting a change of plea hearing for defendant Rico M. Davis, pursuant to 28 U.S.C. § 636, SDIL-LR 72.1(b)(2), with the Parties' consent. The change of plea hearing was held on March 5, 2010 (Doc. 23) pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, during which defendant Davis plead guilty to Counts 1, 2 and 3 and conceded the forfeiture of the property enumerated in Count 4 of the Indictment, following a thorough colloquy with Judge Proud. A Report and Recommendation ("R&R") (Doc. 27) was issued, recommending the Court accept Defendant's plea of guilty. In accordance with 28 U.S.C. § 636(b)(1)(B), the Parties were allowed fourteen (14) days from the issuance of the R&R to file written objections thereto.
Neither Party filed timely objections. Therefore, the Court ADOPTS the R&R (Doc. 27) in its entirety.
The Court finds that Defendant is fully competent and capable of entering an informed plea, that Defendant is aware of the nature of the charges and the consequences of the plea, and that the plea of guilty is a knowing and voluntary plea supported by an independent basis in fact containing each of the essential elements of the offense.
Furthermore, the Court acknowledges that the Defendant agreed to forfeit the property described in Count 4 of the Indictment and said property will be so forfeited and judgment entered accordingly.
Accordingly, the Court ACCEPTS defendant Rico M. Davis' guilty plea and ADJUDGES him GUILTY of Counts 1, 2 and 3 of the Indictment (Doc. 1) and ORDERS his FORFEITURE of property as enumerated in Count 4 of the Indictment (Doc. 1). The United States Probation Office is DIRECTED to prepare a presentence investigation report. The SENTENCING HEARING for defendant James E. Kempfer remains scheduled for June 11, 2010 at 10:00 a.m.
David R. Herndon Chief Judge United States District Court
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ISSUES AND ARTICLES MOST READ eTOC
Indexed/Abstracted in: BIOSIS Previews, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 1,632
Frequency: Bi-Monthly
Online ISSN 1827-191X
Kunihara T., Sasaki S., Nishibe T., Akimaro Kudo F., Shiiya N., Murashita T., Yasuda K.
From the Department of Cardiovascular Surgery Hokkaido University School of Medicine, Sapporo, Japan
Systemic lupus erythematosus (SLE) is frequently associated with cardiovascular manifestations but rarely complicated with aortic disease, and surgical treatment is often complicated with later anastomotic dehiscence. We report successful endovascular stent-graft placement (EVSGP) as an alternative to conventional treatment of the aortic aneurysm in patients with SLE and review of the literature. Clinical cases included a 58-year-old woman with a saccular aneurysm of the distal aortic arch and a 52-year-old woman who had the aortic dissection in the whole descending thoracic aorta. Both patients underwent placement of the stent-graft in the diseased aorta through the iliac artery and received steroid perioperatively. Mortality was compared between surgical and medical treatment in the reported 39 cases of SLE associated with aortic aneurysm. Both patients were successfully treated by EVSGP and no inflammatory signs were seen after the procedure. There were no recurrence in the short follow-up period (up to 23 and 15 months after the procedure). In review of the literature, operative mortality (13.6%) was superior to that in patients receiving medical treatment only (53.3%), but two of 19 operative survivors died of rupture afterward. EVSGP can be a useful alternative to conventional treatment of the aortic aneurysm in patients with SLE, although it lacks the support of long-term follow-up data currently.
language: English


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December 12, 1963
Appeal, No. 248, Oct. T., 1963, by claimant, from decision of Unemployment Compensation Board of Review, No. B-71585-B, in re claim of Mary Jane Dale. Decision affirmed.
Mary Jane Dale, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him Raymond Kleiman, Depute Attorney General, and Walter E. Alessandroni, Attorney General, for Unemployment Compensation Board of Review, appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 202 Pa. Super. Page 363]
In this unemployment compensation case, benefits were denied to the claimant, Mary Jane Dale, by the bureau, referee and board, for the reason that she left her employment voluntarily, without good cause, and
[ 202 Pa. Super. Page 364]
was therefore barred from receiving benefits under § 402(b)(1) of the Unemployment Compensation Law, 43 PS § 802(b)(1).
Appellant reported for work on Monday, January 29, 1962 at 7 a.m. and worked until approximately 9:30 a.m., at which time she completed the work as a feller. Upon advising her forelady that she had no further work, the appellant was offered a job as a sleever, sewing sleeves in shirts. She rejected the offer as a sleever because she would be taking work from other girls and they would have it in for her. The sleeving operation was somewhat similar to the felling operation and the appellant had had prior experience as a sleever.
The appellant now contends that she was physically unable to do sleeving because of an arthritic condition in her hands. She did not, however, mention this condition in her signed statement given to the bureau at the time she filed her claim for benefits nor at the time of the referee's hearing held on March 1, 1962. The doctor's certificate that the appellant presented at the remand hearing held on April 12, 1962, is dated the previous day, April 11, and was submitted after the bureau and referee denied benefits to the appellant. The board did not give credence to the appellant's contention that she could not physically perform the work of a sleever. Her attitude and frame of mind toward the job she voluntarily left is contained in her following statement: "My point is I can't see why I should go and take a girl's machine and her job that he laid off Friday evening. If the wanted me to sleeve why didn't he let the girl be laid off Friday evening come in and sleeve."
The question of credibility was decided against the appellant by the board and its decision on this point is controlling upon us: Ristis Unemployment Compensation Case, 178 Pa. Superior Ct. 400, 403, 116 A.2d
[ 202 Pa. Super. Page 365271]
; Progress Mfg. Co., Inc. v. Unemployment Compensation Board of Review, 406 Pa. 163, 176 A.2d 632.
Decision affirmed.
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Bihar: Short Story
Bihar or ancient Magadha, has been the cradle of Indian civilization and the centre of Indian culture and education. It was the land of "Ashoka The Great" and where the origins of "Buddhism took place". Mahavira, the last Jain Tirthankara was born in the ancient kingdom of Vaishali and attained Moksha or Nirvana at Pawapuri (also known as the sinless city), 90 kilometers from Patna, the capital of Bihar. It was here where the ancient universities of India - Nalanda and Vikramshila were built. It has to be said that is the people of Bihar that has shaped Indian history for generations to marvel upon for times to come.
Bihar is a landlocked state that has borders with Nepal in the north, Uttar Pradesh on the west, Jharkhand on the south and West Bengal on the east. Although it's the part of the Hindi speaking heartland of India, it nevertheless has several Hindi dialects such as Bhojpuri, Magadhi (Magahi), Angika, Maithili and Sarnami Hindustani. Interestingly it was this Magahi that was spoken during the reign of Ashoka. Bihar is situated on the eastern part of the Indo-Gangetic Plain. It is rich in untapped mineral wealth, with its fertile alluvial plain occupying the north while rocky and mineral rich plateau in the south, also called the Chhotanagpur Plateau region. Bihar also has an amazing and glorious history as the centre of the subcontinent's culture and politics since ancient times. Throughout its history, from the 6th century BC to 5th century AD, Bihar has been the seat of major empires. Not to mention its heavy influence on the politics of modern India.
Unfortunately, the rich and glorious history of Bihar is in complete contrast today from being the first democratic republic of the world to a lawless and ungovernable state. As India enters into the economic boom Bihar still stands aloof untouched. It was once the greatest seat of learning, Bihar has now the lowest literacy rate in India. Basic infrastructure is clearly lacking and most houses in the villages are still made of bricks mortared only with mud and covered with cow dung. Potbellies of half-starved children is highly visible
Visiting Bihar today you will find that the locals are less worried about its glorious history and its historical ruins. They have far more pressing needs to worry about. The false impression today is that if you visit certain parts of Bihar it is advised you to get off the road before dark for fear of armed robberies as crime is out of control.
Nevertheless a new government is in place. The new Chief Minister has to be admired for his attempt to remove the "unruly and backward" label from the state and increase development but the work culture still needs to be improved for the road to better health. The great and remarkable people of Bihar welcomes you.
More by this Author
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It is said that when travelling in India it's generally best to stay away from the use of public toilets as they would have Squat style toilets. The toilets in the hotels would frequently provide Western...
Comments 5 comments
Welcome to hubpages. Good hub with interesting information. Thanks Rudra.
Welcome to Hubpages. My best friend was a Bihari, everybody used to tell me why am I hanging out with him, unlike them he stands by his friends more. Too bad some of them are giving a bad name despite its glorious past, they should revive it and do more now in Bihar.
When I hear Bihar, Lalu is the one person I think of first!
Waiting for more hubs on Bihar.
Best Regards :)
Bihar ke bare me achi jankari
Thanks lots of thanks
© Rudra


text:
Having unnecessary fat in numerous areas of your body can have a significant influence on your health and self-confidence. While traditional weight reduction through workout and diet plan is an excellent method to slim down overall, even the very best workouts can't target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time tested treatment that is utilized to eliminate excess fat from specific areas of the body, enabling a specific to shape and contour their body to their preference. Is liposuction right for you? Learn now.
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United States District Court, S.D. New York
January 2, 2013
Rebecca MEEK-HORTON, et al., on behalf of themselves and all others similarly situated, Plaintiffs,v.TROVER SOLUTIONS, INC. d/b/a Healthcare Recoveries, et al., Defendants.
Howard R. Schatz, Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP, New York, NY, for Plaintiffs' Lead Counsel.
Richard W. Cohen (argued), Gerald Lawrence, Uriel Rabinovitz, Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY, for Defendants Aetna Health Plans; Group Health Incorporated, Inc.; HIP of New York, Inc.; HIP of Greater New York, Inc.; and The Rawlings Company, LLC.
Harold N. Iselin, Greenberg Traurig LLP, Albany, NY, for Defendants First Recovery Group, LLC; American Progressive Life & Health Insurance Company of New York; HealthFirst, Inc.; and WellCare Health Plans, Inc.
Charles E. Bachman, O'Melveny & Myers, Times Square Tower, New York, NY, for Defendants United Healthcare of New York, Inc.; Oxford Health Plans (NY), Inc.; Ingenix, Inc.
Page 487
Shawn J. Rabin, Susman Godfrey, New York, NY, for Trover Solutions, Inc.
Kathleen Taylor Sooy, Washington DC, for Defendants Empire HealthChoice Assurance, Inc.; and Meridian Resource Co., LLC.
ROBERT P. PATTERSON, JR., District Judge.
On August 1, 2011, Plaintiff Rebecca Meek-Horton commenced this action on behalf of herself and others similarly situated (" Plaintiffs" ) against forty health care insurers that offer Medicare Advantage Plans (" MA Plans" ) (" Defendants" ) by filing a putative class action complaint in the Supreme Court of the State of New York, New York County. On August 29, 2011, Defendants filed a notice to remove the action from state court pursuant to the Class Action Fairness Act. See 28 U.S.C. § 1332(d).
On October 7, 2011, an Amended Complaint was filed on behalf of Plaintiffs. Subsequently, Plaintiffs agreed to dismiss a number of Defendants from the action. The fifteen remaining Defendants move to dismiss the Amended Complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction or, alternatively, pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted. For the following reasons, Defendants' motion to dismiss is granted.
I. Background
Plaintiffs allege that they are a class of Medicare-eligible individuals who enrolled in MA Plans and received medical benefits pursuant to Part C of the Medicare Program. (Am. Compl. ¶ 1; Pls.' Mem. of Law in Opp'n to Defs.' Mot. to Dismiss (" Pls.' Mem." ) at 1, ECF No. 95.) Plaintiffs also allege that they are a class of individuals who, as a result of bringing personal injury and wrongful death lawsuits in New York State courts, have received monetary settlements from third party tortfeasors. (Am. Compl. ¶ 1.)
Defendants are private health care insurers [1] that administer MA Plans. ( Id. ) Defendants have pursued, or are pursuing, reimbursement for medical benefits paid to Plaintiffs by placing liens upon the personal injury or wrongful death settlements received by Plaintiffs from third party tortfeasors. ( Id. ) Plaintiffs contest Defendants' right to do so, alleging that these reimbursement claims violate Section 5-335 of the New York General Obligations Law (" GOL" ). ( Id. ¶¶ 195, 198, 204, 207.) Plaintiffs' action seeks restitution of all monies wrongfully collected by Defendants and a permanent injunction " directing defendants to cease and desist from continuing to assert and collect liens, subrogation rights, and/or reimbursement rights" against anyone covered by a MA Plan who settles a New York personal injury or wrongful death claim. ( Id. ¶¶ 204, 207.)
A. The Medicare Advantage Program
Medicare is a federally funded program established in 1965 as part of the Social Security Act that aims to provide medical care for individuals who (1) are more than 65 years of age, (2) have received Social Security disability benefits for at least 24 months, or (3) have end-stage renal disease. See 42 U.S.C. § 1395c. Prior to 1980, Medicare served as the primary payer for those eligible to enroll in the program. In 1980, however, Congress attempted to curb the rising costs of the
Page 488
program by enacting the Medicare Secondary Payer Act (" MSPA" ). In certain circumstances, the MSPA makes Medicare the " secondary payer" in relation to certain other sources, which are considered " primary payers." 42 U.S.C. § 1395y(b)(2)(A); see also Potts v. Rawlings Co., LLC, No. 11 CV 9071, 897 F.Supp.2d 185, 188, 2012 WL 4364451, at *1 (S.D.N.Y. Sept. 25, 2012).
Under the MSPA, Medicare is prohibited from making a payment for an enrollee's medical benefits if " payment has been made or can reasonably be expected to be made under a workmen's compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance." 42 U.S.C. § 1395y(b)(2)(A); accord 42 C.F.R. § 411.32(a)(1). Should there be remaining expenses after the primary plan has provided payment, Medicare becomes the " secondary payer" and will cover the remaining balance. See N.Y. Life Ins. Co. v. United States, 190 F.3d 1372, 1374 (Fed.Cir.1999). The statute also provides that
A primary plan, and an entity that receives payment from a primary plan, shall reimburse the appropriate [Medicare] Trust Fund for any payment made by the Secretary [of the Department of Health and Human Services (" HHS" ) ] under this subchapter with respect to an item or service if it is established that such primary plan has or had a responsibility to make payment with respect to such item or service.
42 U.S.C. § 1395y(b)(2)(B)(ii).
The MSPA provides that the United States " may bring an action against any or all entities that are or were required or responsible ... to make payment with respect to the same item or service (or any portion thereof) under a primary plan." Id. § 1395y(b)(2)(B)(iii). Furthermore, the MSPA also provides the United States with a right of subrogation. Id. § 1395y(b)(2)(B)(iv) (" The United States shall be subrogated (to the extent of payment made under this subchapter for such an item or service) to any right under this subsection of an individual or any other entity to payment with respect to such item or service under a primary plan" ).
This case involves benefits paid under the Medicare Advantage Program (" MA Program" ), which is set forth in Part C of the Medicare Act (" Part C" or the " Medicare Advantage statute" ), and more commonly known as " Medicare Choice" or " Medicare Part C." 42 U.S.C. §§ 1395w-21— 1395w-29; see also Potts, 897 F.Supp.2d at 189, 2012 WL 4364451, at *2. The MA Program was enacted in 1997 and 2003 to provide an alternative to Medicare Parts A and B (" traditional Medicare" ) by allowing individuals to receive their Medicare benefits from privately managed healthcare insurers, known as Medicare Advantage Organizations (" MAOs" ), instead of receiving their benefits directly from the federal government. See id. § 1395w-21(a)(1). Persons who choose to enroll in MA Plans administered by MAOs must be provided with the same benefits that are available to those enrolled in traditional Medicare. See id. § 1395w-22(a)(1)(A).
Whereas traditional Medicare operates as a fee-for-service plan in which providers directly bill the federal government for reimbursement for specific services performed, MAOs are paid a set monthly reimbursement rate based on a formula established by the Center for Medicare and Medicaid Services (" CMS" ), pursuant to authority from the Secretary of Health and Human Services (" HHS" ). See 42 U.S.C. § 1395w-23; 42 C.F.R. § 422.304. Medicare pays MAOs this set amount of money based on the health risk factors of
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their plans' enrollees, including their ages, disability statuses, genders, institutional statuses, and health statuses. Id. The MA Program, like traditional Medicare, contains a provision that makes MAOs the secondary payers and third party entities, such as insurance policies and workers compensation plans, the primary payers. See 42 U.S.C. § 1395w-22(a)(4) (discussed further infra ).
B. New York General Obligations Law § 5-335(a)
Plaintiffs argue that the MSPA does not govern this action because their claims do not concern a specific benefit determination arising under the Medicare Act. ( See Pls.' Mem. at 8-9.) Instead, Plaintiffs assert that their claims are " rooted in traditional state law theories of relief, common law fraud, contract law, and violations of New York's statutory law, GOL § 5-335." ( Id. ) GOL § 5-335(a) states in relevant part that:
When a plaintiff settles with one or more defendants in an action for personal injuries, medical, dental, or podiatric malpractice, or wrongful death, it shall be conclusively presumed that the settlement does not include any compensation for the cost of health care services, loss of earnings or other economic loss to the extent those losses or expenses have been or are obligated to be paid or reimbursed by a benefit provider, except for those payments as to which there is a statutory right of reimbursement. By entering into any such settlement, a plaintiff shall not be deemed to have taken an action in derogation of any nonstatutory right of any benefit provider that paid or is obligated to pay those losses or expenses; nor shall a plaintiff's entry into such settlement constitute a violation of any contract between the plaintiff and such benefit provider.
Except where there is a statutory right of reimbursement, no party entering into such a settlement shall be subject to a subrogation claim or claim for reimbursement by a benefit provider and a benefit provider shall have no lien or right of subrogation or reimbursement against any such settling party, with respect to those losses or expenses that have been or are obligated to be paid or reimbursed by said benefit provider.
Id. (emphasis added). By its express terms, GOL § 5-335 does not apply to those benefit providers who have a statutory right under federal or state law to be reimbursed for benefits provided to settling plaintiffs in personal injury or wrongful death actions. Id.
II. Legal Standards
Defendants contend that the Court has three grounds to dismiss Plaintiffs' Complaint under Rule 12(b)(1) for lack of subject matter jurisdiction, or alternatively under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The " standards for dismissal under [Rule] 12(b)(6) and 12(b)(1) are substantively identical." Lerner v. Fleet Bank, N.A., 318 F.3d 113, 128 (2d Cir.2003). A Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction challenges the district court's statutory or constitutional power to hear Plaintiffs' state law claims. Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000). " A plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists." Id. at 113.
In order to survive a Rule 12(b)(6) motion to dismiss, Plaintiffs must have alleged " enough facts to state a claim to relief that is plausible on its face." Ruotolo v. City of New York, 514 F.3d 184, 188 (2d Cir.2008) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Consideration of a
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Rule 12(b)(6) motion is limited to the factual allegations in the complaint and documents either attached to or incorporated by reference in the complaint. Marketxt Holdings Corp. v. Engel & Reiman, P.C., 693 F.Supp.2d 387, 392-93 (S.D.N.Y.2010) (citing Rothman v. Gregor, 220 F.3d 81, 88 (2d Cir.2000)).
" Under the Supremacy Clause of the United States Constitution, U.S. Const. Art. VI, cl. 2, ' [w]here a state statute conflicts with, or frustrates, federal law, the former must give way.' " Potts, 897 F.Supp.2d at 195, 2012 WL 4364451, at *7 (quoting CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 663, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993)). " ' Congress may indicate pre-emptive intent through a statute's express language or through its structure and purpose.' " Id. (quoting Altria Group, Inc. v. Good, 555 U.S. 70, 76, 129 S.Ct. 538, 172 L.Ed.2d 398 (2008)). " If the statute contains an express preemption clause," the interpreting court should " focus on the plain wording of the clause." CSX Transp., 507 U.S. at 664, 113 S.Ct. 1732.
III. Discussion
Defendants seek to dismiss the Amended Complaint on three grounds. Defendants argue that (1) Plaintiffs have not exhausted their administrative remedies under the Medicare Act, 42 U.S.C. §§ 1395-1395ggg and therefore the claims must be dismissed for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1); (2) the Medicare Act preempts Plaintiffs' state law claims; and (3) Plaintiffs fail to state a claim upon which relief may be granted. (Defs.' Mem. of Law in Supp. of Mot. to Dismiss (" Defs.' Mem." ) at 1, ECF No. 87.)
The dispositive issue in this case is whether Congress, in enacting the Medicare Advantage Program, intended to provide MAOs with a statutory right of reimbursement for medical benefits paid to an enrollee who subsequently recovers a settlement from a third party tortfeasor. Specifically, this case turns on the Court's interpretation of the secondary payer provision of Medicare Part C, 42 U.S.C. § 1395w-22(a)(4), and whether it provides a statutory right of reimbursement for MAOs that preempts the provisions of GOL § 5-335.[2]
Plaintiffs argue that MAOs are a creation of Medicare Part C and that the statute does not grant MAOs a statutory right " to recover accident-related payments made on behalf of Medicare Advantage beneficiaries." (Pls.' Mem. at 2.) Rather, Plaintiffs contend that the statute " merely authorizes the private insurer to include in its insurance contract a right of subrogation against an insured's recovery from a third party for money previously paid for the insured's medical care." ( Id. ) Therefore, Plaintiffs argue that MAOs have no statutory right of reimbursement under either federal or state law, and accordingly, MA Plans are subject to the provisions of GOL § 5-335. ( Id. )
In support of this argument, Plaintiffs point to the difference in language employed by Congress in the MSPA concerning traditional Medicare compared with that used to describe the secondary payer provisions of Medicare Part C. (Tr. at 34-
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35.) In delineating the parameters of traditional Medicare, Congress provides in the MSPA that:
A primary plan, and an entity that receives payment from a primary plan, shall reimburse the appropriate Trust Fund for any payment made by the Secretary under this subchapter with respect to an item or service if it is demonstrated that such primary plan has or had a responsibility to make payment with respect to such item or service.
42 U.S.C. § 1395y(b)(2)(B)(ii) (emphasis added). In contrast, the secondary payer provision of Medicare Part C, which applies to MAOs administering MA Plans, states:
Notwithstanding any other provision of law, a [MA] organization may (in the case of the provision of items and services to an individual under a [MA] plan under circumstances in which payment under this subchapter is made secondary pursuant to section 1395y(b)(2)) of this title charge or authorize the provider of such services to charge, in accordance with the charges allowed under a law, plan, or policy described in such section—
(A) the insurance carrier, employer, or other entity which under such law, plan, or policy is to pay for the provision of such services, or
(B) such individual to the extent that the individual has been paid under such law, plan, or policy for such services.
§ 1395w-22(a)(4) (emphasis added). Plaintiffs contrast the " shall" language that appears in traditional Medicare, § 1395y(b)(2)(B)(ii), with the " may" language that appears in Medicare Part C, § 1395w-22(a)(4), to assert that " if [Congress] wanted to have these Medicare Advantage plans to be at the same equal footing as the Traditional Medicare plans and have a mandatory reimbursement, they would have said so ... they didn't." (Tr. at 34-35.)
Plaintiffs' argument is defeated by the plain language of the governing statute. In Part C of the Medicare Act, Congress expressly preempted all but a limited number of State laws, and GOL § 5-335 does not fall within the limited category of State laws exempted from preemption. See § 1395w-26(b)(3). Indeed, the Medicare Act states in relevant part that " the standards established under [Part C] shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA plans which are offered by MA organizations under [Part C]." Id. The regulations promulgated by the Secretary of HHS contain similarly explicit language, stating that " the rules established under this section supersede any State laws, regulations, contract requirements, or other standards that would otherwise apply to MA plans." 42 C.F.R. § 422.108(f).
Other courts have interpreted the preemption provision of Medicare Part C broadly, see Uhm v. Humana, Inc., 620 F.3d 1134, 1148-1150 (9th Cir.2011); Phillips v. Kaiser Foundation Health Plan, No. 11 CV 2326, 2011 WL 3047475, at *6 (N.D.Cal. July 25, 2011), and another court in this District already has specifically ruled that Part C preempts GOL § 5-335, see Potts, 897 F.Supp.2d at 195-200, 2012 WL 4364451, at *7-11. In Potts, a case in this District involving " similar factual allegations against largely the same defendants on behalf of substantially the same class," 897 F.Supp.2d at 191 n. 1, 2012 WL 4364451, at *3 n. 1, Judge Paul Oetken rejected plaintiffs' argument, made here as well, that the question of whether or not the Medicare Act preempted GOL § 5-335 turned on whether or not Part C creates a private right of action for MAOs,
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id. at 196-97, at *8. Judge Oetken found the private right of action issue " immaterial" to the preemption question, id., and instead held that " under the plain language of the express preemption provisions of the Medicare Act and its accompanying regulations, ... to the extent that GOL § 5-335 would eliminate a MA[Os] right to seek reimbursement, the statute is preempted by the Medicare Act," id. at 196-97, 199-200, at *8, *11.
Similarly, in Uhm, the Ninth Circuit analyzed both the language and legislative history of the Medicare Part C preemption provision and found that Congress provided no indication that it " intended to save any common law claims" through a savings clause in the Medicare Act.[3] Uhm, 620 F.3d at 1153; see also Pacificare of Nevada, Inc. v. Rogers, 266 P.3d 596, 597-98 (Nev.2011) (incorporating the Ninth Circuit's analysis in Uhm and holding that the Medicare Act preempted Nevada's unconscionability of contract doctrine). In support of this interpretation, the Ninth Circuit noted that in 2003 Congress amended the Part C preemption provision in a manner that appears to broaden the scope of preemption. The court observed that the previous provision was more narrowly tailored to preempt only state standards and regulations that were " inconsistent" with the federal standards provided for in the Medicare Act. See 42 U.S.C. § 1395w-26(b)(3) (2000). The 2003 amendment, however, broadens the scope of preemption to include all state laws and regulations with a small carve out for State licensing laws or State laws relating to plan solvency. See § 1395w-26(b)(3) (2003) (emphasis added); see also H.R.Conf.Rep. No. 108-391, at 557 (2003).
In sum, Plaintiffs have exclusively plead their claims under a state law, GOL § 5-335, and argued that their claims do not " arise under" the Medicare Act because they " do not seek benefits or reimbursement for benefits," (Pls.' Mem. at 5; see also id. at 6-13). Given that the sole alleged basis for Plaintiffs' claims, GOL § 5-335, is expressly preempted by the " plain wording" of federal law, 42 U.S.C. § 1395w-26(b)(3), and agency regulation, 42 C.F.R. § 422.108(f), this action contains no claims upon which relief may be granted by this Court. See CSX Transp., 507 U.S. at 664, 113 S.Ct. 1732. Accordingly, Plaintiffs' claims are dismissed pursuant to Rule 12(b)(6).[4] ( See Compl. ¶¶ 3-8.)
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IV. Conclusion
For the foregoing reasons, Defendants' motion to dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted without prejudice.
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text:
Wealthy College Presidents May Be the Reason You're Broke [infographic]
A recent report released by the Institute for Policy Studies finds that student debt and low-wage faculty labor are rising faster at state universities with the highest-paid presidents. Usually those three hotly debated issues: student debt, increased use of part-time faculty, and inflated executive pay are discussed as separate issues, but researchers wondered if the three were related. What they found shows that all three are connected in ways worthy of a Charles Dickens novel.
(Photo Credit: Eleven Warriors/Flickr)
The study, titled The One Percent at State U: How Public University Presidents Profit from Rising Student Debt and Low-Wage Faculty Labor, looked at 25 public universities with the highest executive pay from fall 2005 to summer 2012.
Co-authors of the study, Marjorie Wood and Andrew Erwin, found that as students went deeper into debt, administrative spending outstripped scholarship spending by more than two to one at state schools with the highest-paid presidents. The New York Times published an article on the study, in which Marjorie Wood explains the findings.
"The high executive pay obviously isn't the direct cause of higher student debt, or cuts in labor spending," Wood says. "But if you think about it in terms of the allocation of resources, it does seem to be the tip of a very large iceberg, with universities that have top-heavy executive spending also having more adjuncts, more tuition increases, and more administrative spending."
Other key findings included a dramatic increase in part-time adjunct faculty and a dramatic decline in permanent faculty at the state schools with the highest-paid presidents. The average executive pay at those schools also rose to nearly $1 million by 2012, increasing more than twice as fast as the national average at public research universities.
Infographic of Key Findings:
(Infographic: Institute for Policy Studies)
The report also includes a list of the top five most unequal public universities, in which Ohio State University was ranked as being the most unequal of all the schools surveyed. Ohio State paid its president $5.9 million from FY 2010 to FY 2012 while average student debt at the school rose by 49 percent from summer 2006 to summer 2012.
Other schools ranked as being most unequal included Penn State, the University of Michigan, the University of Minnesota, and the University of Delaware.
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AH · July 5, 2014 1:51 pm
CIt is disgusting that American universities uphold such greed. I don't know what we can do to change it. I wish these articles also had guidance on what we can do to make a difference.Reply
Rishona · July 4, 2014 2:08 pm
While this article raises a good point, I am very disappointed with the choice of using a (frankly unflattering) photo of E. Gordon Gee, president of West Virginia University, in this article. For one, President Gee isn't even listed in the infographic among the top 25 highest paid public college presidents. I do not know the income of those presidents, but President Gee collects about $775,000 from WVU. He actually took a pay cut from when he was President of Ohio State University, where he was paid more than $800,000.Reply
I don't think that President Gee deserves a medal here, but these presidents are part of a completely broken system that needs to be revamped from the ground up; starting with how we view higher education in this country (it should be seen as housing centers for advanced education, and not a corporate profit center).
Next time, I hope that PayScale.com can pay a bit more attention and be more selective to the images being included in their articles.
samantha · June 26, 2014 3:50 pm
Money is finite. We allow a select few to rake in the millions and billions, while the rest of us are forced to eat our young.Reply
On a relevant tangent: Instead of revering the rich, we might try capping pay packages based upon revenues and lowest-paid worker salaries, then implement higher taxation for the extremely wealthy. But if we did that, we would have to give up on our myth that anybody can make it big and that rich people are somehow worthy or our adoration.