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September 29, 2010
JEFF KEFFER II, PLAINTIFF,v.OLIN CORPORATION A/K/A OLIN BRASS AND WINCHESTER, INC., DEFENDANT.
Before the Court is defendant Olin Corporations' motion for summary judgment (Doc. 22) to which plaintiff has filed a response (Doc. 31) and defendant a reply (Doc. 36). The plaintiff filed a two count complaint in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois, and the defendant removed it to this Court based on diversity of citizenship. 28 U.S.C. § 1332. The plaintiff seeks recovery for his discharge from Olin Corporation, claiming that the discharge was in retaliation for filing a workers' compensation claim (Count I) and a violation of public policy (Count II).
Defendant seeks summary judgment on the grounds that plaintiff's discharge was based on legitimate, non-retaliatory reasons.
A district court will grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); see also Popovits v. Circuit City Stores, Inc., 185 F.3d 726, 731 (7th Cir. 1999). The moving party initially bears the burden to demonstrate an absence of genuine issues of material fact, indicating that judgment should be granted as a matter of law. See Lindemann v. Mobil Oil Corp., 141 F.3d 290, 294 (7th Cir. 1999) (citing Celotex, 477 U.S. at 323). Once a motion for summary judgment has been made and properly supported, however, the non-movant has the burden of setting forth specific facts showing the existence of a genuine issue for trial. See id. In determining whether a genuine issue of material fact exists, the Court construes all facts in the light most favorable to the nonmoving party and draws all reasonable and justifiable inferences in that party's favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). In ruling on a motion for summary judgment, the Court will not resolve factual disputes, weigh conflicting evidence, or make credibility determinations. See Ritchie v. Glidden Co., 242 F.3d 713, 723 (7th Cir. 2001); see also Miranda v. Wisconsin Power & Light Co., 91 F.3d 1011, 1014 (7th Cir. 1996).
The record reveals that plaintiff was employed by defendant as an assistant caster in May of 2006. He became a weigh clerk after it was determined that he suffered from a metal allergy. In August of 2006, plaintiff was injured at work, and reported that injury to his foreman. He was advised to report to Olin's medical department, which, in turn sent him home for the day, with instructions to report back the next day. Plaintiff reported back to Olin the next day, and received physical therapy and light duty restrictions from the Olin medical department. He was also referred to a private physical therapist. Plaintiff received therapy for the next two days, August 5 and 16.
On August 17, 2006, plaintiff saw his personal chiropractor, Dr. Mark Eavenson, who excused him from work that evening. On August 18, 2006, plaintiff was advised by Dr. Eavenson not to return to work until further notice. Plaintiff received a note to that effect from Dr. Eavenson on August 23, 2006, and gave that note to Olin. Plaintiff chose not to see the physical therapist referred by Olin, instead seeing Dr. Evanson four to five times per week.
Eavenson released plaintiff to return to work on September 22, 2006. Plaintiff stated he received this release because he asked Eavenson to do so. Plaintiff was placed on light duty at Olin and on September 25, 2006, Eavenson again advised plaintiff not return to work. Plaintiff continued to see Eavenson four to five times per week. Plaintiff did not return to work, advising Olin that he was physically unable to do his job. Plaintiff filed his workers' compensation claim on October 11, 2006.
On October 12, 2006, plaintiff was examined by Dr. John Gragnani, an occupational medicine specialist, referred by Olin. Dr. Gragnani determined that plaintiff was fit to work. On October 16, 2006, Olin requested that plaintiff return to work and mailed him a letter (from the medical department) directing him to return to work as of October 23, 2006. On November 6, 2006, Olin's labor relations Manager, Bill Moore, sent plaintiff a letter advising him to return to work as of November 11, 2006. Plaintiff was advised on November 3, 2006, that further treatment was being denied by Olin. Plaintiff did not reply to any of the Olin letters, he did not return to work, and he was terminated on November 27, 2006.
Plaintiff asserts that he was discharged as retaliation for filing his workers' compensation claim, and that defendant did not have a legitimate reason to terminate him and knew of his pending claim. Plaintiff asserts that under the collective bargaining agreement, defendant was required to have both his personal doctor and Olin's medical department's clearance to return to work, and Olin's determination to require him to return to work as a result of Dr. Gragnani's diagnosis was proof of Olin's retaliatory motive.
To succeed under Illinois law on a retaliation claim, plaintiff must establish that he was discharged in retaliation for his actions (filing the worker's compensation claim) in violation of a clear mandate of public policy. McCoy v. Maytag, 495 F.3d 515, 520-21 (7th Cir. 2007). Firing an employee for exercising rights to file workers' compensation is, indeed, a long-recognized violation of Illinois public policy. See, Kelsay v. Motorola, Inc., 384 N.E.2d 353, 357 (Ill. 1978).
A retaliation claim based on workers' compensation has three basic elements: 1. that the plaintiff was the employee of the defendant before his accident; 2. that he exercised his rights under the Workers' Compensation Act; and 3. that his discharge was casually connected to filing that claim. Dotson v. BRP U.S. Inc., 520 F.3d 703, 707 (7th Cir. 2008). Clearly, in this case the only element in dispute is the third element. Here, plaintiff cannot show that he was terminated for filing his workers' compensation claim because he testified that Olin terminated him based on the independent doctor's opinion that he could work, and because he believed that the termination was incorrect because his doctor had restricted him from working.
Q: So basically, what you know is you got fired when your doctor had not released you to work; right?
A: Correct.
Q: And that's what you're complaining about here?
A: Yes . . . (Plaintiff's Deposition, p. 80-81).
Here, Olin has established a non-retaliatory motive, that plaintiff did not return to work after examination and release to return by an independent doctor. Plaintiff does not explain why he did not respond to the requests from Olin to return to work before his termination. Notably, Olin made several efforts to return plaintiff to work after he filed his workers' compensation claims, which show lack of retaliatory motive. Marin v. American Meat Packing, Co., 562 N.E.2d 282, 286 (Ill. App. Ct. 1990). "Evidence that those responsible for plaintiff's termination knew he intended to file a worker's compensation claim is 'essential' to a retaliatory discharge action." Id. (quoting, Mercil v. Federal Express Corp., 664 F.Supp. 315, 318 (N.D. Ill. 1987)).
Plaintiff asserts that a nurse at Olin, who was unidentified by plaintiff, stated that his compensation claim would be costly to Olin. This is not enough to show retaliatory motive by defendant. Plaintiff also asserts that Bill Moore's deposition creates a question on the motive because he admitted he did not rely on Gragnani's report. Moore testified that he made the decision to terminate plaintiff after he failed to return from leave after being directed to do so by the medical department at Olin. Reliance on the medical report of Gragnani is not critical to that determination, nor does the reliance or lake of reliance on that report amount to retaliatory motive.
Finally, Olin had no duty to offer plaintiff another job when he refused to return to his job. Wright v. St. John's Hospital, 593 N.E.2d 1070, 1076 (Ill. App. Ct. 1992), and there is no evidence that plaintiff made any effort to return to work at Olin in any capacity. He simply refused to respond to the letters requiring him to return and did not ask for a different assignment.
Accrodingly, the Court FINDS that the defendant has established a basis for the plaintiff's termination. Plaintiff has not established causation between his filing of the workers' compensation claim and the "chain of events" that led to his discharge. Casanova v. American Airlines, 2010 WL 3035493, slip op at *3 (7th Cir. Aug. 5, 2010).
Defendant's motion for summary judgment is GRANTED on all claims. Judgment is entered in favor of defendant, Olin Corporation a/k/a Olin Brass and Winchester, Inc., and against plaintiff, Jeff Keffer II, on all claims. Each party shall bear its own cost. The Clerk of the Court is DIRECTED to enter judgment accordingly.
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|Publication number
|Publication type
|Application number
|Publication date
|Sep 2, 2008
|Filing date
|Feb 13, 2006
|Priority date
|Feb 13, 2006
|Fee status
|Also published as
|Publication number
|Jankiel Kimelblat, Murray Figov, Yariv Y. Pinto
|Original Assignee
|Eastman Kodak Company
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (20), Referenced by (17), Classifications (17), Legal Events (7)
|External Links: USPTO, USPTO Assignment, Espacenet
This invention relates to laser-imageable flexographic printing plate precursors and to an imaging process used for producing printing plates that have high visual contrast and can be used to provide high resolution printing.
Flexography is a method of printing whereby a flexible plate with a relief image is wrapped around a cylinder and its relief image is inked up and the ink is then transferred to a suitable printable medium. The process has mainly been used in the packaging industry where the plates should be sufficiently flexible and the contact sufficiently gentle to print on uneven substrates such as corrugated cardboard as well as flexible materials such as polypropylene film. The quality of the printing in this manner is inferior to processes such as lithography and gravure, but nevertheless it is useful in certain markets. In order to accommodate the various types of printing media, the flexographic plates should have a rubbery or elastomeric nature whose precise properties can be adjusted for each particular printable medium.
In addition, where the flexographic printing plates are formed and/or imaged in a flat form, they should be flexible for bending around a cylinder for rotary printing. This can present more of a problem than with offset lithographic plates because the thickness of flexographic printing plates is generally several millimeters instead of fractions of a millimeter. Materials that are flexible as one or two μm films can be rigid and inflexible at one or more mm.
U.S. Pat. No. 4,323,636 (Chen) describes elements having thermoplastic elastomeric block copolymers (for example, those sold by Kraton Polymers under the trademark of KRATON) used in conjunction with an acrylate or methacrylate monomer and a photoinitiator. The upper surface may have on it a thin hard flexible solvent insoluble coating and on top of this a strippable thin film of e.g. polyethylene to protect the plate during storage. This would constitute a flexographic printing plate precursor that can be imaged by ultra-violet exposure through a negative mask, and the un-polymerized material washed away with solvent. Such elements usually have a thickness of one or more millimeters. Exposure from the front through an image bearing transparency is sufficient to polymerize both the image areas and the underlying layer. The block co-polymer materials formulated as printing blanks, whilst being able to be formed into solid blanks, retain a stickiness on their upper and lower surfaces that requires the use of protective films to prevent unused plates sticking together during storage.
U.S. Pat. No. 4,994,344 (Kurtz et al.) describes flexographic printing blanks prepared from ethylene-propylene-alkadiene terpolymers. It describes the process of initial back exposure to establish the "floor" of the plate before image exposure from the front of the plate through a negative mask. The image floor may be uneven due to differences in evenness of UV exposure and subsequent wash-out, but this would be of little consequence where image thickness (relief) is measured in millimeters. Because the plate requires back exposure, a polyester substrate is often used as the dimensionally stable backing material and must be transparent to UV light. In addition, the floor material of the plate is of the same material and formulation as the image areas. Thus, the finished plate generally has little or no visual contrast between the image areas and the floor and it is difficult for the user to make any visual assessment of the image because of this lack of contrast.
U.S. Pat. No. 5,719,009 (Fan) describes the use of a negative mask that is integral in the flexographic printing plate itself. The flexographic printing plate comprises photosensitive layers and an overcoat containing carbon black with a binder resin. The overcoat is ablated with an infrared laser in response to a digital signal generated by a computer. Digital imaging using a modulated laser source is an important part of the general technology that has become known as computer-to-plate (CTP) and is used for instance in the production of offset lithographic printing plates. The ablated areas in the overcoat permit a subsequent irradiation by UV light to expose the sensitive elastomeric layer and to harden it. The other unexposed areas situated under the non-ablated areas of the overcoat are washed away together with the remains of the carbon layer, leaving a relief image. In this case, there is good visual contrast between the masked areas that remain after ablation and the image areas that are exposed by ablation. However, after UV exposure and subsequent wash-out processing, any visual contrast disappears as the overcoat is washed away with the underlying unexposed background areas, so that the imaged flexographic printing plate has no visual contrast between the image and the background. The UV exposure and washing process still results in unevenness of the image floor.
It has long been recognized that the simplest way of making a flexographic printing plate would be by direct engraving using laser beam ablation, thereby eliminating all need for washing or drying the plate or multiple types of exposure.
U.S. Pat. No. 3,549,733 (Caddell) describes the formation of a laser engraved (or imaged) relief printing plate. However, the described plates do not have the elastomeric properties needed for flexographic printing but could be used in letterpress printing. Letterpress printing differs significantly from flexographic printing in that it is more like lithography in the complexity of the printing machine and the type of ink used. Letterpress inks must have high viscosity (paste-like), similar to offset inks and do not in general contain volatile solvents. If the letterpress printing is carried out using an offset blanket, the printing process is termed dry offset. As with offset printing, dry offset and letterpress require high pressure between the plate and blanket or printable media to achieve good ink transfer, whereas flexographic printing uses the minimum pressure possible. Thus a letterpress plate would be unsuitable for flexographic printing as it would not give good ink transfer under low pressure and similarly a flexographic plate would be unsuitable for letterpress as the high pressure would distort the softer plate and give very poor image quality with huge dot gain.
U.S. Pat. Nos. 5,798,202 and 5,804,353 (both Cushner et al.) describe the use of single or multiple layers of elastomers in flexographic printing plate precursors for direct laser engraving. The upper layer of the precursors is comprised of a thermoplastic elastomeric material.
Imaging sensitivity is limited by the use of large quantities of block polymers, such as those sold under the trade name of KRATON by Kraton Polymers. Poor melt edges are reported for flexographic engraving of layers containing such polymers in U.S. Pat. No. 6,627,385 (Hiller, in the Comparative Examples). The patent also describes the problem of using carbon black or opaque fillers in that the flexographic printing plate loses its transparency, which complicates mounting it with accurate register, since register crosses or similar marks, are no longer visible through the plate. Hiller suggests avoiding such layers.
U.S. Pat. No. 6,159,659 (Gelbart) describes a flexographic printing plate precursor having two ablatable layers, the upper layer comprising an elastomeric foam mounted on a thin non-ablatable backing layer where preferably ablation removes material right down to the backing layer. The method is intended to solve the problem in the prior art of small holes and nicks in the backing caused by exposure by the laser that reduce the life of the printing plate. However, no attempt is made to provide very high adhesion between the two layers that may be needed especially for small isolated image areas.
Problem to be Solved
Despite the limitations of carbon dioxide lasers, they are now being used commercially in flexographic engraving machines. They are known for slow and expensive imaging with limited resolution. However, the advantages of direct engraving are sufficient to ensure their commercial use in instances where fast imaging and high print quality are not required. It would be preferable to use infrared diodes that produce radiation in the near infrared and infrared (approximately 700 to 1200 nm) and have the advantages of high resolution and relatively low laser cost so that they can be used in large arrays. Until now, although the use of such lasers is described in many publications, they are not in industrial use because even when combined with the most sensitive imageable elements available, satisfactory engraving may not be achieved.
Infrared diode engraving (or ablative imaging) differs from that of carbon dioxide in that a compound absorbing suitable radiation (that is, IR radiation) is usually incorporated into the imaged coating. The use of an organic infrared radiation-sensitive dye (IR dye) may be prohibitive because it is costly and a large quantity of IR dye is needed throughout the imaging layer (which may be millimeters thick). The use of an opaque pigment such as carbon black reduces the possibility of visual contrast even further. Another problem experienced with high carbon and other fillers is the loss in layer resilience. Good resilience ensures the rapid elimination of any distortion of the plate during a printing cycle by permitting the plate to recover its original shape in time for the next cycle. Distortion may also occur from dirt entering the printing system and causing temporary indentations in the printing plate surface. Thus, good resilience is needed to provide fast recovery from distortion of any type.
The recent availability of high power (for example, 8 watts) IR-laser diodes opens up opportunity for the use of relatively low cost laser diode arrays capable of engraving flexographic blanks as described in WO 2005/84959 (Figov). Relief depth in the resulting image is an issue with laser engraving because the deeper the required relief, either more power is required or it takes longer to engrave or image the plate. Besides the segment of the flexographic market that involves deep relief, laser engraving is most suitable and competitive when applied to the high quality market segment using even substrates where low relief is a distinct advantage. In this market segment, it is of no advantage to work with high relief images as the image areas would have the possibility of more movement during printing and more dot gain and inaccuracy of printing. However, in order to achieve minimum image relief, the floor of the image should be extremely even, otherwise there is the danger that any slightly elevated floor area would give unwanted background printing.
The present invention overcomes noted problems with a laser imageable flexographic printing plate precursor comprising:
a thermoset, elastomeric upper layer that is at least partially ablatable and comprises a radiation sensitive compound, and
a non-ablatable elastomeric underlayer.
This invention also provides a method of producing a flexographic printing plate comprising:
The present invention also relates to the imaged flexographic printing plates obtained by the method of this invention.
This invention addresses the problems of uneven image floor and the lack of image to background contrast found with prior art flexographic methods and printing plates. Thus, the present invention provides a laser-engraveable (that is, laser ablation-imageable) flexographic printing plate precursor that can be primarily used for "high quality" printing because the resulting printing plate relief image is generally not greater than 600 μm. The imaging method of this invention provides a flexographic printing plate with an extremely even "floor" in the relief image.
The present invention also provides an imaged flexographic printing plate having a high visual contrast between the image areas and the non-image background areas. For example, this high visual contrast between the image areas and the non-image background areas can be achieved particularly when the ablated background areas are white and the non-ablated image areas are black.
The term "blank" is used in this application to describe a non-imaged printing plate (or printing plate precursor).
Unless otherwise indicated, the term "flexographic printing plate precursor" refers to embodiments of the present invention prior to imaging. The term "flexographic printing plate" refers to the imaged flexographic printing plate precursors that can then be used for printing.
By "floor" of the printing plate, we mean the bottom surface of the relief depth in an image area.
In addition, unless the context indicates otherwise, the various components described herein such as "radiation absorbing compound", "carbon black", "elastomeric material", and similar terms also refer to mixtures of such components. Thus, the use of the article "a" is not necessarily meant to refer to only a single component.
Unless otherwise indicated, percentages refer to percents by dry weight.
For clarification of definitions for any terms relating to polymers, reference should be made to "Glossary of Basic Terms in Polymer Science" as published by the International Union of Pure and Applied Chemistry ("IUPAC"), Pure AppL. Chem. 68, 2287-2311(1996). However, any definitions explicitly set forth herein should be regarded as controlling.
As is known in the art, a "thermoplastic polymer" is one that is capable of being repeatedly softened (by heating) and hardened (by cooling) through a characteristic temperature range, and that in its softened state, can be made to flow and to be shaped into articles by molding or extrusion. The change in thermoplastic materials upon heating and cooling is substantially physical in nature.
A "thermosetting" polymer is one that is capable of being changed into a substantially infusible or irreversibly hardened material upon curing by heat or other means. Such a cured polymer is considered as being "thermoset".
Flexographic Printing Plate Precursor
The present invention provides solid flexographic printing plate precursors or blanks (including sleeve blanks) that are characterized by the presence of two or more layers. The thermoset, elastomeric uppermost layer (identified as the "upper layer" herein) generally has a relatively thin dry thickness of from about 50 to about 600 μm and preferably from about 200 to about 400 μm. The upper layer is ablated during imaging generally by directing the imaging laser to the upper layer through the top of this layer. The upper layer is at least partially (greater than 10% of original dry weight) removed in the imaged area, and preferably it is substantially removed (greater than 50%) or fully removed (at least 90%) in the imaged areas where ablation occurs. Alternatively, where the underlayer and support, if present, (both described below) are substantially transparent, laser imaging can be directed through the underlayer and into the upper layer.
Below the upper layer are one or more layers that are generally not sensitive to imaging radiation and therefore not engraveable (non-imageable or non-ablatable) during imaging to a substantial extent (less than 5%). The layer immediately below the upper layer provides the image "floor" or maximum depth of the relief image and it can thus serve as a substrate material for the flexographic printing plates. This elastomeric "underlayer" generally has a dry thickness of less than 1.7 mm. Preferably, it has a dry thickness of from about 0.5 to about 1.5 mm.
In some instances, the underlayer can also have reflective properties on its upper surface or uniformly throughout from the coating or incorporation of reflective materials such as pigments or dyes, or other means of providing opacity or reflectivity. Such reflectivity can enhance imaging sensitivity by reflecting imaging radiation back into the upper layer to increase ablation as well as providing visual contrast with the non-ablated image areas.
In some embodiments, there is an intermediate polymeric film between the upper layer and the underlayer that can form the "floor" of the relief image. This intermediate layer is generally non-ablatable and can be a precast sheet of polymer film such as a sheet of poly (ethylene terephthalate). This polymer film can also have reflective properties on its surface or uniformly throughout from the incorporation of reflective materials such as pigments or dyes, or other means of providing opacity or reflectivity. Such reflectivity can enhance imaging sensitivity by reflecting imaging radiation back into the upper layer as well as providing contrast with the non-ablated image areas.
In its simplest construction, the flexographic printing plate precursor of this invention includes an upper layer and an underlayer that are arranged adjacent to one another.
Upper layer 101 is designed to be sensitive to and at least partially ablatable by appropriate imaging radiation, for example IR radiation. Ablation by an IR-laser is the preferred means for imaging. Generally, the upper layer comprises one or more ablatable thermoset, elastomeric polymers and one or more radiation sensitive compounds, such as IR radiation absorbing compounds.
Preferably, the upper layer is composed of the materials described for ablatable layers described, for example in WO 2005/84959 (noted above) that is incorporated herein by reference. For example, the upper layer can comprise one or more mono- and polyacrylate oligomers or monomers, including urethane acrylates, carbon black fillers (or other IR radiation sensitive compounds), and plasticizers. Particularly useful acrylates include urethane diacrylate oligomers, isobornyl acrylate and methacrylate monomers that can be obtained, for example, from Cray Valley. These materials can be "cured", polymerized, or crosslinked using any of a variety of crosslinking agents, but peroxides are preferred.
The radiation absorbing compounds (such as infrared radiation absorbing compounds) present in the upper layer generally absorb radiation at from about 600 to about 1200 and preferably at from about 700 to about 1200 nm, with minimal absorption at from about 300 to about 600 nm. These compounds (sometimes known as a "photothermal conversion materials") absorb radiation and convert it to heat. Such materials may be pigments or dyes, but when formulated into the cross-linkable layer must be resistant to attack of free radicals formed by either heat or UV radiation used in the crosslinking process of plate production, so that they maintain their IR absorption for use in the solid printing plate precursors. Examples of suitable materials are carbon blacks, iron oxides, and nigrosine dye.
Upper layer 101 can also include various addenda such as plasticizers, for example, oleyl alcohol and low molecular weight liquid polyisoprene.
The flexographic printing plate precursor can also have elastic properties that are provided by the layers underneath the upper layer, for example, by elastomeric underlayer 102. Useful elastomeric materials for the underlayer include but are not limited to, EPDS rubbers and block copolymers such as polystyrene-polyisoprene-polystyrene copolymers that are sold by Kraton Polymers under the tradename of KRATON. Other suitable elastomeric materials include silicone rubbers and mixtures of acrylic pre-polymers that are commonly used in liquid photopolymer flexographic printing plates (described for example in U.S. Pat. No. 6,403,269 (Leach) that is incorporated herein by reference).
Preferred compositions of the elastomeric underlayer include the same or different mono- and polyacrylate oligomers or monomers, including urethane acrylates, described for upper layer 101 above. Particularly useful acrylates include urethane diacrylate oligomers, isobomyl acrylate and methacrylate monomers that can be obtained, for example, from Cray Valley. These underlayer materials can be "cured", polymerized, or crosslinked using any of a variety of crosslinking agents, but peroxides are preferred. Thus, the crosslinked underlayer can also be composed of thermoset materials. The polymeric composition of upper layer 101 and underlayer 102 can be the same or different. Thus, the same or different acrylates can be crosslinked with the same or different crosslinking agent in both layers.
The underlayer can be transparent or it may contain pigments to provide opacity. For example, it may contain a white pigment (such as barium sulfate, titanium dioxide, magnesium oxide, and zinc oxide) to provide visual contrast with the non-imaged areas of the upper layer. In addition, opacity in the underlayer can also provide reflectivity and thus reflect imaging radiation back into the upper layer to improve imaging sensitivity. If underlayer 102 is transparent, then instead of directing the imaging laser from the top side of upper layer 101, it may be directed through underlayer 102 where the entire upper layer 101 is to be removed in the background areas. The elastomeric material in the underlayer can be treated or crosslinked on its surface to reduce any possibility of damage by inks or cleaning solutions during the printing process itself. Alternatively, the elastomeric material can be uniformly crosslinked throughout the underlayer. Some elastomeric materials, such as the block copolymers sold under the trade name of KRATON may have sticky surfaces when used in other types of flexographic plates and these can be protected by a dry polymeric film such as a poly(ethylene terephthalate) film that is usually precast and then applied to the underlayer. However, it has been found that for the present invention, a protective polymeric film is generally unnecessary especially when the elastomeric material is used in crosslinked form.
The upper surface of underlayer 102 may be treated to provide good adhesion to upper layer 101. Such surface treatments can include a chloroprene rubber-based adhesive solution and styrene-butadiene rubber adhesives.
Underlayer 102 can also include various addenda including plasticizers such as oleyl alcohol or low molecular weight liquid polyisoprene.
It has been found that when underlayer 102 has a high resilience, the entire printing plate precursor has a similarly high resilience even when upper layer 101 may have a lower resilience. This resilience enables the printing surface to recover from indentation due to irregular printed surfaces.
An adhesive layer (not shown in
The preferred method of adhering underlayer 102 to upper layer 101 is to use to chemically similar compositions for these layers without any additional adhesive layer or material. Both underlayer 102 and upper layer 101 may be simultaneously crosslinkable by heating because each layer can comprise the same or different acrylic reactants (monomers, oligomers, or polymers) and a peroxide or peroxide-generating compound that will provide free radicals for crosslinking the acrylic reactants.
Upper layer 101 may for instance contain the noted acrylic reactants, inert fillers, carbon black, and the noted peroxide. However, underlayer 102 may contain the same or similar components without the carbon black. If the two layers are formed one on top of the other without curing, then when they are heated together, they form covalent bonds at the interface between the layers. The resulting two-layer composite is therefore similar in composition except for the carbon black in upper layer 101. After imaging, the black imaged upper layer 101 and the white floor of underlayer 102 remain inseparable.
Since the compositions used to form both layers are often paste-like, in order to achieve a flat interface between them, one or other of the layer compositions may be cooled to produce a solid layer. As illustrated in the Examples below, the layers may be prepared in separate molds and then clamped and heated together. If underlayer 102 is a frozen layer, then it is also possible to coat the composition for upper layer 101 onto underlayer 102 followed by heating the two layers simultaneously to cause crosslinking therein. It is also possible to freeze both layer compositions separately and to then press them into intimate contact followed by heating to cause crosslinking within both layers.
Non-imaged (non-ablated) areas 106, 107, and 109 will show as solid areas on the printed media. The edge non-imaged area 107 can be sculpted as shown to minimize print dots movement with consequential dot gain and to bolster adhesion to the floor area 108. Non-imaged area 107 shows fine detail represented by individual image spots. As with other forms of flexographic printing plate precursors, these must be constructed on the imaged plate in such a way that they have small stem heights. The dot height may be less than 50 μm and the dots must have a supporting shoulder. An individual dot is shown as non-imaged area 106 and this too must have a sculptured support.
The resulting flexographic printing plate, ready for flexographic printing, will have a very flat or smooth image floor (since it is insensitive to laser ablation), and with a relief that can be of minimum height as the floor will not have any protrusions or roughness likely to interfere with the printing process and cause background problems by printing on unwanted residues. There can be a visual contrast between the (preferably) black areas of the printing areas (non-imaged areas) in the upper layer, and the transparent or white opaque or light colored floor in the underlayer (imaged areas). If the image floor surface is white, then laser ablation sensitivity may be increased by reflection back of imaging radiation from this surface into the upper layer to aid ablation.
Imaging Method
The flexographic printing plate precursor can be therefore used to provide a corresponding flexographic printing plate by imaging with suitable imaging radiation (preferably IR and near IR of from about 600 to about 1200 nm). Various imaging energies are possible depending upon the imaging laser and apparatus, but generally, imaging is carried out using an IR laser and an imaging energy of at least 300 watts and up to 300 J/cm2. Obviously, the imaging energy required for desired ablation will depend upon the particular imaging apparatus, the composition and thickness of the ablated layer(s), and whether partial or complete ablation is desired.
As noted above, laser imaging can be directed from the top of the upper layer, or if the underlayer is transparent, it can be directed from underneath and through the underlayer and into the upper layer.
In preferred embodiments, the upper layer is relatively thin and is completely removed in imaged areas during the imaging method to provide clean, smooth relief areas on the image floor. Any remaining debris may be cleaned off without removal of the non-ablatable layer(s).
The resulting printing plates can then be inked and used in various printing operations under known conditions to print various printable media.
The following examples are provided to illustrate the practice of the invention but are by no means intended to limit the invention in any manner.
Materials and Methods:
For the examples below, the following materials were obtained as follows:
Mogul L is a carbon black that was obtained from Cabot.
Ebecryl 230 and Ebecryl 1259 are urethane acrylic oligomers that were obtained from Cytec Industries.
Cab-O-Sil M5 is an amorphous silica that was obtained from Cabot.
KRATON D1107P is an elastomeric polymer that was obtained from Kraton Polymers.
IRR 577 is an aliphatic monoacrylate that was obtained from Cytec Industries.
Luperox 231 XL40 is 1,1-bis(t-butylperoxy)-3,3,5-trimethylcyclohexane that is blended with silica and calcium carbonate, and was obtained from Aldrich Chemical Company.
All other components were obtained from conventional commercial sources.
An embodiment of this invention like that illustrated in
The following formulation was prepared by adding and mixing the following ingredients in the order shown:
Ebecryl 230 (urethane diacrylate)
28.02 grams
Ebecryl 1259 (urethane triacrylate)
7.36 grams
Isobornyl acrylate
18.49 grams
Oleyl alcohol
6.90 grams
IRR 577 (aliphatic monoacrylate)
7.34 grams
Polyester-block polyether diol
6.51 grams
Cumene hydroperoxide
2.96 grams
Magnesium oxide
14.51 grams
Cab-O-Sil M5
7.90 grams
The resulting white paste was used to form an underlayer (like the underlayer 102 of
The following formulation was prepared by adding and mixing the ingredients in the order shown:
Ebecryl 230 (urethane diacrylate)
25.84 grams
Ebecryl 1259 (urethane triacrylate)
6.79 grams
Isobornyl acrylate
17.05 grams
Oleyl alcohol
6.36 grams
IRR 577 (aliphatic monoacrylate)
6.77 grams
Polyester-block polyether diol
6.00 grams
Cumene hydroperoxide
2.73 grams
Mogul L carbon black
7.75 grams
This formulation was passed twice through a triple roller mill and the resulting black paste was used to prepare an upper layer 101 (as in
This flexographic printing plate precursor (or blank) was placed in a conventional "engraving" or imaging apparatus fitted with IR laser diodes and imaged by ablation down to the white polyester underlayer using imaging radiation of about 910 nm and energy of about 120 J/cm2. The resulting flexographic printing plate was evaluated and found to have a 300 μm relief image that was clearly visible.
A preferred embodiment of this invention, similar to that illustrated in
Mixture A:
The following ingredients were mixed and ball milled for 12 hours to give a fine dispersion of carbon black in the acrylate monomer.
Mogul L carbon black
8.71 grams
Isobornyl acrylate
41.29 grams
Mixture B:
The following mixture was made up by adding and mixing the ingredients in the order shown:
Ebecryl 230 (urethane diacrylate) 11.524 grams Ebecryl 1259 (urethane triacrylate) 1.732 grams Mixture A 17.796 grams Cumene hydroperoxide 1.344 grams Polyisoprene liquid 1.280 grams
After thorough mixing, 6.320 grams of Cab-O-Sil M5 were added gradually to Mixture B with high speed stirring as the mixture became increasingly higher in viscosity, forming a thick paste.
A 300 μm poly(ethylene terephthalate) filler sheet was placed at the bottom of a 1.5 mm deep aluminum mold. A 175 μm white (barium sulfate-loaded) poly(ethylene terephthalate) film was cut to fit into the mold and placed on the first polyester sheet. This film corresponds to interlayer 104 shown in
Pellets of KRATON D1107P (a linear block copolymer of styrene and isoprene with bound styrene of 15% mass sold by Kraton Polymers (www.kraton.com) were used to fill the mold to excess. The mold lid was screwed down tightly and the mold was placed in an oven at 160� C. for one hour.
The mold was then removed from the oven and water-cooled and the resulting combined elastomeric layer and white-pigmented layer were removed from the mold. The KRATON elastomer pellets had formed a smooth uniform thick elastomeric layer that corresponds in
The filler sheet was removed from the mold, and the thick Mixture B paste, as prepared above, was then placed in the bottom of the mold. The white surface of the reflective interlayer was cleaned with butyl acetate and the combined material placed reflective side down into the mold and onto the Mixture B paste. This paste provides the constituents of upper layer 101 shown in
The mold lid was screwed down so that the excess Mixture B paste flowed out, leaving a 300 μm thick layer of Mixture B. The mold was put in the oven at 160� C. for 30 minutes and then removed and water-cooled.
The resulting sandwich of layers was removed from the oven and a 175 μm transparent poly(ethylene terephthalate) film (e.g. substrate 103 of
The resulting flexographic printing plate precursor (or blank) was placed in a conventional engraving machine fitted with IR laser diodes and imaged by ablation down to the white polyester interlayer. The imaging radiation was at about 910 nm and the energy was about 120 J/cm2. This resulting imaged flexographic printing plate was evaluated and found to have a 300 μm relief image that is clearly visible. There was a color contrast apparent between the black raised non-imaged areas of upper layer 101 and the white imaged floor on interlayer 104.
Another embodiment of this invention was prepared and imaged in the following manner. All quantities are by weight.
The following formulations were prepared by adding and mixing the ingredients in the order shown:
Mixture C:
CN 9170 (Cray Valley)
19.4 grams
Ebecryl 1259
5.2 grams
Isobornyl acrylate
13.1 grams
5.2 grams
4.6 grams
Luperox 231XL40
2.1 grams
Mixture C was in the form of a viscous liquid.
Mixture D:
Mixture C
35.4 grams
Oleyl Alcohol
3.5 grams
Magnesium oxide
6.7 grams
Cab-O-Sil M5
3.7 grams
Mixture E:
CN 9170 (Cray Valley)
25.84 grams
Ebecryl 1259
6.79 grams
Isobornyl acrylate
17.05 grams
Oleyl Alcohol
6.36 grams
6.77 grams
6 grams
Mogul L carbon black
7.75 grams
Luperox 231XL4O
2.73 grams
Magnesium oxide
13.39 grams
Cab-O-Sil M5
7.29 grams
Mixture D was milled to form a thick white paste by twice passing it through a triple roller mill. It was then used in the manner described below to form underlayer 102 shown in
Mixture E was milled to form a thick black paste by twice passing it through a triple roller mill. It was then placed in a polyethylene terephthalate (PET) mold and smoothed to a thickness of 400 μm. The PET mold containing Mixture E was then placed on top of the frozen Mixture D so that the two mixtures were in contact with the PET mold containing Mixture E being uppermost. An aluminum lid was clamped on top of the PET mold so that the two layers were sealed. The two layers were then placed in an oven for 1 hour at 160� C. After 1 hour, the mold was removed and water-cooled to room temperature. The resulting two-layer flexographic printing precursor was removed from the mold. Mixture D had formed a white solid underlayer (like underlayer 102 of
This flexographic printing plate precursor was placed in a conventional "engraving" or imaging apparatus fitted with IR laser diodes and imaged by ablation down to the white underlayer using imaging radiation of about 910 nm and energy of about 120 J/cm2. The resulting flexographic printing plate was found to have a black relief image with a 400 μm depth that was clearly visible against the white floor of the underlayer.
Mixtures C, D, and E were prepared as described above in Example 3. A release film was placed inside an aluminum mold, 1.5 mm deep, and the white Mixture D was pasted into it so that the top layer was above the surrounds of the mold. A broad metal blade was used to scrape off the excess Mixture D so that it filled the mold and had a top surface that was level with the surrounds.
A 330 spacer shim was placed on the surrounds of the mold. Black Mixture C was then spread over Mixture D and excess Mixture C was removed to flatten the top surface. A release film was placed over the open mold and the mold then closed by screwing down an aluminum lid.
The mold was then placed in the oven at 160� C. After one hour, it was then removed and cooled with water. The resulting flexographic printing plate precursor was placed in a conventional "engraving" or imaging apparatus fitted with IR laser diodes and imaged by ablation down to the white underlayer using imaging radiation of about 910 nm and an energy of about 120 J/cm2. The resulting flexographic printing plate was found to have a black relief image of over 300 μm depth that was clearly visible against the white floor of the underlayer.
The invention has been described in detail with particular reference to certain preferred embodiments thereof, but it will be understood that variations and modifications can be effected within the spirit and scope of the invention.
|Cited Patent
|Filing date
|Publication date
|Dec 4, 1968
|Dec 22, 1970
|Du Pont
|Method of producing polymeric printing plates
|Aug 1, 1972
|Dec 30, 1975
|Basf Ag
|Production of mainly linear aldehydes
|Mar 2, 1981
|Apr 6, 1982
|E. I. Du Pont De Nemours And Company
|Photosensitive block copolymer composition and elements
|Feb 3, 1989
|Feb 19, 1991
|Basf Aktiengesellschaft
|Sheetlike light-sensitive recording
|Nov 18, 1994
|Feb 17, 1998
|E. I. Du Pont De Nemours And Company
|Laser ablatable photosensitive elements utilized to make flexographic printing plates
|May 11, 1992
|Aug 25, 1998
|E. I. Dupont De Nemours And Company
|Laser engravable single-layer flexographic printing element
|May 11, 1992
|Sep 8, 1998
|E. I. Dupont De Nemours And Company
|Lasers engravable multilayer flexographic printing element
|Mar 6, 1997
|Jan 12, 1999
|Konica Corporation
|Photopolymerizable composition and presensitized planographic printing plate employing the same
|Apr 26, 1999
|Dec 12, 2000
|Creo Srl
|Method for processless flexographic printing and flexographic printing plate
|May 1, 1995
|May 29, 2001
|E.I. Du Pont De Nemours And Company
|Flexographic element having an infrared ablatable layer
|Jul 11, 2000
|Feb 18, 2003
|Basf Drucksysteme Gmbh
|Flexographic printing element comprising an IR-ablatable layer with improved sensitivity
|Dec 3, 2001
|Jul 29, 2003
|Basf Drucksysteme Gmbh
|Photosensitive flexographic printing element having an IR-ablative layer comprising polyether-polyurethanes
|Mar 23, 2001
|Sep 30, 2003
|Basf Drucksysteme Gmbh
|Use of graft copolymers for the production of laser-engravable relief printing elements
|Aug 3, 2001
|Jun 29, 2004
|Polyfibron Technologies, Inc.
|Laser imaged printing plates
|Feb 27, 2002
|Aug 10, 2004
|E. I. Du Pont De Nemours And Company
|Process for making a flexographic printing plate and a photosensitive element for use in the process
|Jun 20, 2006
|Jun 5, 2007
|Eastman Kodak Company
|Digital mask-forming film and method of use
|Mar 16, 2001
|Jan 24, 2002
|Eddie Daems
|Direct-to-plate flexographic printing plate precursor
|Apr 14, 2004
|Jun 2, 2005
|Margit Hiller
|Laser-engravable flexographic printing element containing a conductive carbon black and method fo rproduction of flexographic printing forms
|Oct 30, 2003
|May 11, 2005
|Houtstra Management & Beheer B.V.
|Laser-engravable element for use in flexographic printing plates and hand or coding stamps
|Feb 21, 2005
|Sep 15, 2005
|Kodak Il Ltd.
|Novel material for infrared laser ablated engraved flexographic printing plates
|Citing Patent
|Filing date
|Publication date
|Jul 19, 2010
|Apr 24, 2012
|Eastman Kodak Company
|Ablatable elements for making flexographic printing plates
|Dec 14, 2011
|Nov 20, 2012
|Eastman Kodak Company
|Ablatable elements for making flexographic printing plates
|Jul 22, 2011
|Jan 29, 2013
|Eastman Kodak Company
|Flexographic printing precursors and methods of making
|Aug 25, 2010
|Apr 2, 2013
|Eastman Kodak Company
|Method of making flexographic printing members
|Sep 21, 2011
|Dec 3, 2013
|Eastman Kodak Company
|Integral cushion for flexographic printing plates
|Sep 14, 2012
|Mar 11, 2014
|Eastman Kodak Company
|Flexographic printing precursors and methods of making
|Dec 17, 2013
|Jan 20, 2015
|Eastman Kodak Company
|Flexographic printing precursors and methods of making
|Apr 17, 2012
|Jan 27, 2015
|Eastman Kodak Company
|System for direct engraving of flexographic printing members
|Feb 25, 2015
|Sep 13, 2016
|Hewlett-Packard Indigo B.V.
|Embossing apparatus
|Nov 19, 2008
|May 21, 2009
|Ricoh Company, Ltd
|Heat-sensitive adhesive material
|Jul 19, 2010
|Nov 11, 2010
|Regan Michael T
|Ablatable elements for making flexographic printing plates
|Jul 14, 2009
|Jan 20, 2011
|Eynat Matzner
|System for engraving flexographic plates
|Mar 29, 2010
|Sep 29, 2011
|Ophira Melamed
|Flexographic printing precursors and methods of making
|Aug 25, 2010
|Mar 1, 2012
|Burberry Mitchell S
|Method of making flexographic printing members
|Apr 17, 2012
|Oct 17, 2013
|Mitchell S. Burberry
|System for direct engraving of flexographic printing members
|Feb 25, 2015
|Jun 25, 2015
|Hewlett-Packard Development Company, L.P.
|Embossing Apparatus
|Jul 13, 2010
|Jan 20, 2011
|Eastman Kodak Company
|A system for engraving flexographic plates
|U.S. Classification
|430/302, 430/944, 430/306, 430/945, 430/434, 430/494, 101/453, 430/271.1, 101/463.1
|International Classification
|Cooperative Classification
|European Classification
|Feb 13, 2006
Owner name: EASTMAN KODAK COMPANY, NEW YORK
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:KIMELBLAT, JANKIEL;FIGOV, MURRAY;PINTO, YARIV;REEL/FRAME:017578/0430
Effective date: 20060202
|Jun 26, 2006
Owner name: EASTMAN KODAK COMPANY, NEW YORK
Free format text: CORRECTIVE ASSIGNMENT TO CORRECT THE NOTICE OF RECORDATION--EXECUTION DATE--INCORRECT DATE RECORDEDBY USPTO FOR INVENTOR #3-YARIV PINTO PREVIOUSLY RECORDED ON REEL 017578 FRAME 0430;ASSIGNORS:KIMELBLAT, JANKIEL;FIGOV, MURRAY;PINTO, YARIV;REEL/FRAME:017841/0502;SIGNING DATES FROM 20060202 TO 20060205
|Feb 21, 2012
Owner name: CITICORP NORTH AMERICA, INC., AS AGENT, NEW YORK
Free format text: SECURITY INTEREST;ASSIGNORS:EASTMAN KODAK COMPANY;PAKON, INC.;REEL/FRAME:028201/0420
Effective date: 20120215
|Feb 24, 2012
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|Apr 1, 2013
Owner name: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS AGENT,
Free format text: PATENT SECURITY AGREEMENT;ASSIGNORS:EASTMAN KODAK COMPANY;PAKON, INC.;REEL/FRAME:030122/0235
Effective date: 20130322
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Owner name: PAKON, INC., NEW YORK
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Effective date: 20130903
Owner name: BANK OF AMERICA N.A., AS AGENT, MASSACHUSETTS
Free format text: INTELLECTUAL PROPERTY SECURITY AGREEMENT (ABL);ASSIGNORS:EASTMAN KODAK COMPANY;FAR EAST DEVELOPMENTLTD.;FPC INC.;AND OTHERS;REEL/FRAME:031162/0117
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Owner name: JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE, DELA
Free format text: INTELLECTUAL PROPERTY SECURITY AGREEMENT (FIRST LIEN);ASSIGNORS:EASTMAN KODAK COMPANY;FAR EAST DEVELOPMENT LTD.;FPC INC.;AND OTHERS;REEL/FRAME:031158/0001
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Owner name: BARCLAYS BANK PLC, AS ADMINISTRATIVE AGENT, NEW YO
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|Feb 23, 2016
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December 14, 2010
DEWAYNE HOWARD, PLAINTIFF,v.COUNTY OF COOK, ET AL., DEFENDANTS.
Plaintiff, DeWayne Howard, an inmate presently in state custody at Centralia Correctional Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. In his complaint, Plaintiff alleges that the Defendants, County of Cook, City of Chicago, and City of Chicago Police Officers Kurtovic, Tanovic, Purlo, and John Doe (hereinafter, "Defendants"), violated his constitutional rights by subjecting him to false arrest and false imprisonment.
Plaintiff alleges that on February 12, 2008 and thereafter, Defendants held him without a valid finding of probable cause following his warrantless arrest. Although Plaintiff phrases his claims as false arrest and false imprisonment, his real contention is that the criminal complaints used at his Gerstein*fn1 hearing were insufficient and/or fraudulent, leading to an improper finding of probable cause. He further alleges that the City of Chicago is liable for failure to train police officers how to complete a criminal complaint.
On initial review pursuant to 28 U.S.C. § 1915A, the Court determined that Plaintiff had stated a claim under the Civil Rights Act, 42 U.S.C. § 1983 as to the City of Chicago, and Officers Kurtovic, Tanovic, and Purlo. Although Plaintiff has tentatively identified the John Doe Defendant as a Chicago Police Officer named Daniel Smith, see Plaintiff's complaint ¶ 6, he has made no attempt to amend his complaint to name him and have him served.
Presently before the Court is Defendants' motion to dismiss Plaintiff's complaint for failure to state a claim. They further allege that, with respect to Plaintiff's Monell claim against the City of Chicago, because Plaintiff's false arrest and due process claims are barred by Heck, there can be no claim against the City. Finally, Defendants argue the Plaintiff's claims are barred under the doctrine of collateral estoppel. For the reasons stated in this order, Defendants' motion to dismiss is granted.
It is well established that pro se complaints are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520 (1972); see also McCormick v. City of Chicago, 230 F.3d 319, 325 (7th Cir. 2000). Fact pleading is not necessary to state a claim for relief. Thompson v. Washington, 362 F.3d 969, 970-71 (7th Cir. 2004). Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to " 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.' " Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1964 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, (1957)).
The allegations "must actually suggest that the plaintiff has a right to relief, by providing allegations that raise a right to relief above the speculative level." Tamayo, 526 F.3d at 1084 (quotation omitted). In making this determination, the complaint is construed in the light most favorable to the plaintiff, accepting as true the well-pleaded allegations, and drawing all reasonable inferences in the plaintiff's favor. Tamayo, 526 F.3d at 1081. However, a plaintiff can plead himself or herself out of court by pleading facts that undermine the allegations set forth in the complaint. See, e.g., Kolupa v. Roselle Park Dist., 438 F.3d 713, 715 (7th Cir. 2006).
Plaintiff alleges the following facts in his second amended complaint, which are accepted as true for purposes of the motion to dismiss. On February 12, 2008, Plaintiff was arrested by Defendant Police Officers without a warrant. Plaintiff states that the complaints sworn out against him were forged and failed to properly charge him with a violation. He further alleges that while he had a Gerstein hearing on February 13, 2008, the probable cause finding was invalid because the complaints against him were improperly sworn.
Plaintiff was charged with two criminal complaints of home invasion. With respect to one of the complaints, he alleges that it was improperly sworn because it was signed by a police officer and initialed indicating that it was signed on the Complainant's behalf. He further alleges that because the first one is invalid, the other complaint, signed by the complaining witness, is invalid as well. He also alleges, regarding the complaints, that they alleged no criminal offense under Illinois law.
Plaintiff alleges that the City of Chicago, pursuant to Monell v. Dep't. of Soc. Serv. of City of New York, 436 U.S. 658 (1978), failed to train the Defendant Police Officers how to effect an arrest and how to properly prepare criminal complaints. Plaintiff sues the Defendant Police Officers in both their individual and official capacities.
A. Plaintiff Pleads himself out of Court on any Violation of the Fourth Amendment.
The Seventh Circuit Court of Appeals has repeatedly held that most Fourth Amendment claims can go forward despite the ruling in Heck. See Wallace v. City of Chicago, 440 F. 3d 421, 426 (7th Cir. 2006). However, in this case, Plaintiff's complaint is not about the investigation of the underlying criminal action, rather it is about police conduct following his arrest.
In the present case, Plaintiff does allege that he was arrested without a warrant. However, a warrantless arrest is allowed under the Fourth Amendment, provided there is a prompt, neutral judicial determination of probable cause. County of Riverside v. McLaughlin, 500 U.S. 44, 56-57 (1991); citing Gerstein v. Pugh, 420 U.S. 103, 125 (1975). Plaintiff alleges in his complaint that he was arrested between 12:00 and 12:30 on February 12, 2008, and that he was taken before a judge on February 13, 2008 at 10:00. See Plaintiff's complaint, ¶¶1 and 4. Plaintiff also admits in his reply that he was "brought before a magistrate" within 48 hours of his arrest. See Plaintiff's response, p. 15, ¶ 4. At the Gerstein hearing he alleges that the arrest report was read, as well as the criminal complaints being brought against him. See Plaintiff's complaint, ¶ 4.
Plaintiff's real complaint centers around the criminal complaints that were used at his Gerstein hearing to make a determination of probable cause against him. He alleges that the complaints do not properly charge him with the crime of home invasion. By statute, a criminal complaint must be in writing and must state: 1) the name of the accused; 2) the offense with which the accused is charged; 3) the time and place of the offense; and 4) be subscribed and sworn by the complainant. 725 ILCS 5/107-10.
Furthermore, under 725 ILCS 111-3, the charging instrument must set forth the nature and elements of the offense charged. 725 ILCS 5/111-3 (a)(3) (West 1992). Illinois courts have held that where the statute defining the offense specifies the type of conduct prohibited, this requirement is satisfied if the charging instrument states the offense in the language of the statute. People v. Devine, 295 Ill.App.3d 537, 542-43 692 N.E.2d 785, 789 (1st Dist. 1998).
Both of the criminal complaints brought against Plaintiff state the name of the accused, the statutory provision, the name and nature of the offense, and the date and address of the offense. See Plaintiff's complaint, exhibits A and B. Both complaints specifically state that he committed the crime of home invasion, cite to the appropriate statute, 720 ILCS 5/12-11, and respectively mirror the language from the statute describing the offense: "He did knowingly and without authority enter the dwelling of R. Gunn Hollingsworth/Paula Lund when he knows that one or more persons are present."*fn2 Consequently, the Court rejects Plaintiff's argument that the complaints were somehow substantively deficient, based upon the attachments to his complaint and a plain reading of Illinois law.
Plaintiff also alleges that the complaints were somehow deficient because the complaint of Paula Lund was not signed by her, but instead by someone else who initialed the complaint on her behalf. The Seventh Circuit Court of Appeals has held that another persons signature on a criminal complaint is acceptable, so long as that person initials the signature indicating that he or she is signing for the complainant. See Haywood v. City of Chicago, 378 F.3d 714');">378 F. 3d 714, 719 (7th Cir. 2004). The Lund complaint thus appears valid.
Even if Lund's complaint were improper, there is still the properly sworn complaint of Complainant Hollingsworth and the arrest report which, according to Plaintiff's complaint, were both used by the court to make its determination of probable cause. Plaintiff argues conclusorily in his response to Defendants' motion to dismiss that, "because the complaint for Paula Lund was forged in this case it raises the question of the validity of the second complaint for R. Gunn Hollingsworth..." See Plaintiff's complaint, p. 6. Plaintiff's speculative, conclusory and unsupported allegation of forgery of the second complaint does not satisfy the pleading standard necessary to state a claim. "[A] court need not accept as true 'legal conclusions[, or t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" Brooks v. Ross, 578 F.3d 574, at 581, quoting Ashcroft v. Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009).
Nowhere in his complaint does Plaintiff challenge the arrest report, either in substance or execution. Even if the criminal court had used the complaint of Mr. Hollingsworth or just the arrest report, it would have been satisfactory to satisfy the requirements of Gerstein. See Haywood v. City of Chicago, 378 F.3d 714, 719 (7th Cir. 2004).
Plaintiff pleads himself out of Court by admitting that the procedure followed in his detention following arrest was constitutionally adequate. Based upon Plaintiff's allegations, documents attached to his complaint, and his arguments in response to Defendants' motion, he cannot state any Fourth Amendment violation. He admits that his procedural rights were protected following his arrest and therefore Plaintiff has pled himself out of Court.
B. Plaintiff's Claims are Heck Barred.
Defendants argue in their motion that, pursuant to Heck, Plaintiff cannot proceed with his false arrest and Fourth Amendment due process claims, because he was subsequently convicted of the offense for which he was arrested, and the conviction is still valid.
Under Heck v. Humphrey, 512 U.S. 477 (1994), a § 1983 plaintiff may not proceed with a claim for money damages, if a favorable ruling "would necessarily imply the invalidity of his conviction or sentence" unless and until "the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus." Heck, 512 U.S. at 486-87.
If, as argued by Plaintiff, all three documents used by the criminal court at the Gerstein hearing to make a finding of probable cause (the two criminal complaints and the arrest report) were invalid, such would necessarily call into question the validity of Plaintiff's complaint See People v. Devine, 295 Ill.App.3d 537, 542-43 692 N.E.2d 785, 789 (1st Dist. 1998). Plaintiff acknowledges this in his response to Defendants' motion to dismiss. See Plaintiff's response to Defendants' motion, p. 9). Plaintiff states that, although he seeks money damages in this suit, a finding of a due process violation in this matter "may" necessarily undermine the validity of his conviction. Id. If the Court were to make a determination that, as Plaintiff alleges, all of the charging documents were invalid, voiding his conviction, and Plaintiff admits as such in his response to Defendant's motion to dismiss, his claims are Heck barred.
As Plaintiff has pled no Fourth Amendment violation and his claims, by his own admission, are Heck barred, the Court need not evaluate whether his claims are also barred under the doctrine of collateral estoppel. Further, because Plaintiff has not sufficiently pled an underlying constitutional violation, and his claim against the City of Chicago pursuant to Monell v. Dep't. of Soc. Serv. of City of New York, 436 U.S. 658 (1978) is entirely dependent upon the underlying claim, that claim is dismissed, as well. His complaint is dismissed with prejudice.
For the foregoing reasons, Defendants' motion to dismiss [#14] is granted and the complaint is dismissed with prejudice. All matters pending before the Court having been resolved, this civil case is terminated.
George W. Lindberg United States District Court Judge
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Zoom in on images of the latest designer watches and luxury jewellery, plus unique wedding bands, unusual engagement rings, celebrities and more.
Dinner is served during the 'For the Love of Cinema' event held by IWC and the Tribeca Film Festival Celebration on on April 18, 2013 in New York City.
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Lovingly compiled by the Hermitage brotherhood in honor of its patron, Saint Panteleimon, this beautiful softcover booklet is ideal for both home and church. It includes the life and passion of the Holy Great Martyr and Healer, along with his akathist hymn, beautiful icons, artwork and five special prayers.
Any of the five prayers may be used on its own as desired; for example, at the bedside of the sick or in supplicatory prayer services. The final prayer is a special offering of thanksgiving for healing received."The only purpose of our life from the time we are born is to find God and become one with Him and our fellow man. To this end God grants us guides and helpers along the way, beginning with our parents. However, as we draw closer to Him, climbing the Ladder of Divine Ascent, we begin to experience help from those who are nearest to God: His Saints. Therefore, Beloved, are you sick or suffering? Or are you seeking the true purpose of your life—to attain union with God? If so, then know that you have a compassionate helper whom our All-merciful Saviour has even given a name like unto Himself: the all-merciful Panteleimon. Call upon him!" (back cover).
52pp., softcover booklet
5.5" x 8.5"
This classic Orthodox commentary on the Gospels was written about the year 1100 A.D. by the brilliant and saintly Orthodox hierarch, Blessed Theophylact of Ochrid. His commentary has remained a primary...
A children's life of St. John of San Francisco, with full color illustrations and photographs. Goolya was the pet pigeon he kept during the latter part of his life. 33pp....
In this collection of writings and essays, Protopresbyter Valery Lukianov shares insights and lessons gleaned from fifty years of fruitful pastoral service. Although addressed particularly to clergy and those contemplating...


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After School Tutoring Program
To be hired as a tutor for the After School Tutoring Program, you are required to have the following:
- Awarded financial aid / work-study (you get paid by the work-study program.(If you do not get financial aid you cannot be hired)
- Completed English 100 with a grade of "B" or better
- Completed Algebra II with a grade of "B" or better
- Must have an overall GPA of 3.0.
- Must pass a CORI/SORI (Criminal Offender Record Information/Sex Offender Registry Information)
Hours for tutoring:
Monday – Thursday from 3:00pm – 4:30pm (You can tutor everyday, 3 days, 2 days, 1 day). This will depend on the number of children attending the After School Tutoring Program.
Children come from area schools and are brought to the Student Success Center by a parent/guardian.
You will only tutor in the academic area that you are most comfortable tutoring in. I'm in need of students that excel in the following areas: Math (all levels), Science, Chemistry, Physics, History and English writing.
If you are interested in tutoring Math, you will have to take a test which will determine the level of math you can tutor in.
The work study program pays $12.00/hr. Again, the hours are from 3:00 to 4:30pm, Monday – Thursday.


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English Translation of Geerhardus Vos' Reformed Dogmatics Has Been Completed!
Geerhardus Vos' Reformed Dogmatics (5 volumes) represents the early theological thought of one of the premier Reformed thinkers of the nineteenth and twentieth centuries. For the first time ever, Lexham Press Publishing Group has been able to bring this Reformed systematic theology to English readers. Enter our giveway to win a complete set!Continue...
For I Am God, and There Is No Other
No one shall thwart God's will. God is sovereign and he may use or employ whomever he wishes to advance his kingdom and his purpose. And while we may not have specific answers to troubles in this life, as believers we do know God is in control, God is sovereign. His ultimate will and purpose is for the sake of His Church. "And the gates of hell will not prevail against it."Continue...
Have You Read the Fall Alliance Re:port?
If you haven't already, be sure to download the latest Alliance Re:Port.Continue...
The "Best of" on the Trinity Debate
You may have heard of the "Trinity Debate" that took place during the summer. We've received a lot of feedback from ordinary Alliance members wanting to more fully understand the discussion. Below you will find a summary of the "Best of" on the Trinity debate. If you would like a more comprehensive list please visit...Continue...
The Gospel in an Urban Context
The Pittsburgh Reformation Society and Bethany Baptist Church are hosting a conference titled The Gospel in an Urban Context on October 7-8, 2016 at Bethany Baptist Church in Pittsburgh.
The mission of Alliance Reformation Societies is to encourage, embolden, and equip ministers and other church leaders for the work of biblical reformation in our churches. If you would like to find out how to begin a Reformation Society in your area, please email email@example.com...
Alliance of Confessing Evangelicals
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Except for images this page and it's sub pages are done.
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Yep just a placeholder... everything is looking good! I have been making tweaks to the styles and working on finishing up the other ccontent types.


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Speckled with high-rise buildings along Lake Shore Drive and designer-label shopping on North Michigan Avenue, Chicago's Gold Coast has long been where the wealthy reside. In this neighborhood, just north of the Loop and rimming Lake Michigan, there are quite a few ways to live the rich-and-famous lifestyle —... Read More
Small-scale wines and barrels aren't just for artisanal distillers anymore — more and more large hotel chains are jumping on the small-batch trend, collaborating with local vineyards and spirit makers to offer exclusive pours. On your next business trip or family vacay, an in-hotel meal might not be such a... Read More
Chicago is packed with options for travelers of all ages and interests — and thanks to a mix of outdoor activities and cultural immersions, it's particularly well suited for children and families. Here, our favorite places to go with kids in the Windy City. Lincoln Park Zoo A rare free-to-visit zoo, this one in the Lincoln Park neighborhood... Read More
Every September, hotels ramp up their wellness offerings to honor National Yoga Month. While a discounted yoga package with your stay is nice, the beauty of yoga is that you can do it anytime, anywhere. As celebrity yoga instructor Rodney Yee once said: "The most important pieces of equipment you need for doing... Read More
For stylish, wallet-conscious travelers, checking into budget hotels can be a bit of a tossup. On the upside, there's the cheap nightly rate; on the downside, there's the sterile, uniform design that's usually associated with these types of accommodations. Thanks to new, playful decor, there are budget properties from major hospitality brands that... Read More
Take a cue from the age-old Cubs-White Sox rivalry, and it's clear Chicagoans love nothing more than a little competition. Nowhere is this more evident than in the ongoing contention among Chicago's best deep-dish pizza shops. Here, the five best places to taste what real deep-dish is all about. Lou Malnati's Serving deep-dish pizza for nearly... Read More
Whether you're traveling for business or pleasure, it's rare and exciting when a hotel offers breakfast that goes beyond wet scrambled eggs and mini pastries. These 10 hotel breakfasts will inspire you to get down to the dining room early or to splurge on room service. Archer Hotel, Austin, TX When the Archer Austin hotel opens in September, it will... Read More
Snacks are one of the best parts of a road trip. But why limit yourself to treats you can find at any convenience store along the nation's highway? The next time you get the munchies on an epic road trip, skip the Cheetos and Doritos and sample these regional favorites instead. 1. Zapp's... Read More
Labor Day marks the unofficial end of summer. Rather than heading to a crowded beach, make the season's end even more memorable at one of these five unexpected destinations. Seattle From the Space Needle to Pike Place Market, there's plenty to do in Seattle any time of the year; but on Labor... Read More
A century ago, Lake Michigan was a freshwater freeway, connecting major cities like Chicago, Milwaukee, and Wisconsin's Green Bay. But the notorious storms of the Great Lakes region often made for a tumultuous passage. Today, the lake — the fifth largest in the world — is home to roughly... Read More
If the logo of the Chicago Athletic Association Hotel looks familiar, there's a good reason. The hotel, which opened in May 2015 in an 1893 Victorian Gothic building, was originally home to an athletic club for men. One of its earliest members, William Wrigley, appropriated the logo for his baseball team, the Chicago Cubs. When... Read More
From a whitewater rafting and kayaking center near downtown Oklahoma City to a two-story aquarium in Scottsdale, Arizona, these six recently opened and soon-to-debut attractions warrant a place on your itinerary as you plan your summer and fall vacations. 1. Riversport Rapids (Oklahoma City, OK) Six pumps recirculate 8 million gallons... Read More
Think you don't have the budget for a multi-destination vacation? Think again. Several discount bus services — Megabus, BoltBus, and Greyhound Express — are making travel from one city to another very affordable, as in $20 round-trip for reserved seating, reclining seats, and onboard restrooms. We took a look at nine... Read More
What better way to kick off the summer travel season than with a getaway during Memorial Day weekend? That's May 27-30, in case you've not been dreaming about it as much as we have. From escapes to the city to a lazy beach vacay, we've rounded up 12 hotels for... Read More
To quote the title character in Ferris Bueller's Day Off, "Life moves pretty fast. If you don't stop to look around once in a while, you might miss it." Our advice? Take a few days off and head to the Windy City. The classic '80s movie turns 30 this summer... Read More


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Key Lime Flip
Total Time
Prep 10 mins
Cook 0 mins
From Sam's Club magazine "Source"..the beautiful photo grabbed my eye. Key Lime Pie in a glass!..Serves 8 of your VERY best friends.
Ingredients Nutrition
- 1⁄2 cup crushed graham cracker
- 2 fresh limes
- 12 ounces grey goose vodka (1-1/2 cups)
- 1 dash vanilla extract
- 12 ounces light rum (1-1/2 cups)
- 1⁄2 cup key lime juice (or regular lime juice)
- 3⁄4 cup Coco Lopez (cream of coconut)
- Use a zester tool to cut lime twists or curls for garnish. Then slice one lime.
- Moisten rim of chilled martini or parfait glass with lime slice, then press the glasses into a saucer of graham cracker crumbs to coat.
- Combine liquid ingredients in a pitcher with ice to blend & chill.
- Strain into the rimmed glasses & garnish with a lime twist.
- Party time!


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Red Rocket truck stop
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The Red Rocket truck stop is a location in the Commonwealth and a possible settlement in 2287.
This was once Concord's nuclear coolant replenishment and service station. Before the Great War, employees there dumped the hazardous materials that resulted from their repairs in a cave located beneath the station instead of disposing of them properly.[1] After the war, it sits abandoned, except for a lone dog and a few mole rats.
Inside of the garage, there is both a workshop and a power armor station. An armor workbench, a weapons workbench, a cooking station and a chemistry station can also be found around the garage.
Notable lootEdit
- Directly south of the station is the entrance to a Mole rat den; inside is a fusion core, the note Trashbusters Award and a safe.
- Just inside the front entrance, there are two Giddyup Buttercup pieces: (a leg and a head).
- The mole rats do not appear immediately. Wait around or explore the nearby area and eventually Dogmeat will bark, indicating danger. The mole rats will never appear until the dog is greeted.
- This location gives insight into the resource crisis and wild inflation before the Great War by way of the coolant prices on the sign. For Class C Coolant it is $113.99 per gallon. Considering the 2800% inflation occurring before the war this comes out to around $4.00.
- The Red Rocket truck stop in the game is not the same one shown in the trailer and promotional images. The Red Rocket garage shown in the trailers is not currently in the game.
- It is possible to access the roof of the garage by building some stairs. Floors, foundations, and most of the other objects can be placed there. Setting up turrets on the roof is especially useful since it will grant an unobstructed field of fire in virtually every direction while at the same time being immune to melee attacks and hard to hit with guns.
- At higher levels super mutants, including a suicider, will frequently spawn to the northeast of the coolant pumps.
- Many identical Red Rocket truck stops can be seen across the Commonwealth, and some come with workbenches and power armor station as well. However, there are no map markers for these stops and they cannot be worked as a settlement.
- Southwest of the garage, a steam trunk can be found in a hole in the ground.
- There is also a Nuka-Cola vending machine, an ice cooler and a trash bin.
- Just across the street, on the high ground above the rocks there is a chair set up as if someone has been watching the truck stop. Next to the chair is a large tire with an ashtray on it. Inside the tire is an ammo container.
- If one dislikes the holes in the ground that the mole rats cause, quicksaving before speaking to Dogmeat, then reloading after they are killed can prevent them from ever appearing.
- The cave underneath Red Rocket truck stop is just outside of the settlement build area so it is not possible to include the entrance within the settlement.
- There is a patch of land nearby that can be used as a small farm requiring only a few settlers to manage, the rest can be assigned to scavenge stations to bring in extra supplies for other settlements.
The Red Rocket truck stop only appears in Fallout 4.


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Great Ground Floor Garden View Condo Close to Kamaole Beach 2(27 Reviews)
The manager has been emailed.
To book this property, you need to complete your booking through checkout on the VRBO website. We can't protect your payment if we don't know you've booked through us. Learn more
- Minimum stay:3-14 nights
- Sleeps:7
- Bedrooms:2
- Bathrooms:2
- Property type:Condo
- Internet:Yes
- Pets considered:No
- Wheel chair accessible:N/A
About the Property
2 Bedrooms, 2 Baths, Sleeps 7
The kitchen in this condo is fully stocked with all necessary cookware and utensils, new counter tops, and new appliances. A bar area allows for a quick breakfast before heading to the beach across the street, while a table and four chairs in the dining area allows for family dinners. Prefer to have your morning coffee outside? Enjoy the cool ocean breezes and swaying palms from the four-top table on the lanai.
This condo features a King bed in the master bedroom, a queen bed and a full bed in the second bedroom, as well as a pull-out queen size sofa sleeper, perfect for small children or the occasional overnight guest. Each bedroom has its own attached bathroom, the master featuring a newly renovated shower/tub combination, and the second bathroom featuring a walk in shower. For hot summer days, air-conditioning is present in the living room (servicing the master bedroom through the large, opening doorway), as well as in the second bedroom. At night, large sliding screen doors allow for generous airflow, ensuring your comfort during your stay on Maui. New hard surface flooring was recently installed in the living room and entry way.
The Maui Banyan Resort features two swimming pools, complete with spacious pool decks, hot tubs, outdoor showers, and restroom facilities. Several propane grills are available for guest use, adjoining the covered dining areas, furnished with tables and chairs for poolside lunch or dinner. Nearby, a regulation tennis court is enjoyed throughout the year by visitors to the Banyan, with equipment rentals available at the front desk. This property is beautifully manicured for the true tropical island feel of Maui.
Across from one of Maui's top-rated white sand beaches, Kamaole Beach II, the location of the Maui Banyan cannot be beat! Steps away from sand, surf, and fun in the sun, you'll find everything your family needs for the ideal Maui vacation right here in the heart of South Kihei. We'll even provide you with the beach chairs, beach towels, and beach umbrella for your days of soaking rays and splashing in waves. Nearby, Fred's Mexican and Moose McGillycuddy's are fan-favorites for sports broadcast and cold beer, while 808 Bistro and Café O'lei offer world-class dining in an intimate setting. Shops, local grinds, and grocery are all well within walking distance of this centrally located resort.
20% non-refundable deposit to hold a reservation. Balance due 45 days before check-in. Holiday and peak season rates and required length of stay may be different than quoted above. Credit cards, checks, and money orders accepted. Minimum night stay varies among the rental units.
Managed by Maui Condo and Car, MCW LLC; CHO# 287
PLEASE NOTE: Initial access to this condo requires approximately 5 steps, although once inside, the lanai access to the lawn and parking area does not require steps. This should be taken into consideration for any guests with extensive mobility concerns.
We recommend you complete your booking on VRBO. Some managers will offer the ability to pay with credit card directly through VRBO.Learn more
Member since: 2006
Property Type
- Condo
- On floor 1
- 900 sq. ft.
Accommodation Type
- Vacation Rental
- Guests Provide Their Own Meals
- Children Welcome
- Non Smoking Only
- Pets Not Allowed
Bedrooms: 2 Bedrooms, Sleeps 7, Beds for 5-7
Bathrooms: 2 Bathrooms
- Books
- DVD Player
- Games
- Satellite / Cable
- Stereo
- Television
- Toys
- Video Library
- Adventure
- Away From It All
- Budget
- Family
- Romantic
- Tourist Attractions
- Churches
- Cinemas
- Health/Beauty Spa
- Library
- Marina
- Playground
- Recreation Center
- Restaurants
Local Services & Businesses
- ATM/Bank
- Babysitter
- Fitness Center
- Groceries
- Hospital
- Laundromat
- Massage Therapist
- Medical Services
Leisure Activities
- Beachcombing
- Bird Watching
- Boating
- Eco Tourism
- Horseback Riding
- Luaus
- Miniature Golf
- Outlet Shopping
- Scenic Drives
- Shelling
- Shopping
- Sight Seeing
- Walking
- Whale Watching
- Wildlife Viewing
Location Type
- Near The Ocean
- Resort
Sports & Adventure Activities
- Basketball Court
- Cycling
- Deepsea Fishing
- Fishing
- Golf
- Hiking
- Hunting
- Jet Skiing
- Kayaking
- Mountain Biking
- Parasailing
- Roller Blading
- Sailing
- Scuba Diving Or Snorkeling
- Snorkeling
- Snorkeling/Diving
- Spelunking
- Surfing
- Swimming
- Tennis
- Water Skiing
- Wind-Surfing
- Dining
- Dining Area
- Seating for 4 people
- Air Conditioning
- Ceiling Fans
- Clothes Dryer
- Garage
- Hair Dryer
- Internet
- Iron & Board
- Linens Provided
- Living Room
- Parking
- Telephone
- Towels Provided
- Washing Machine
- Coffee Maker
- Dishes & Utensils
- Dishwasher
- Ice Maker
- Kitchen
- Microwave
- Oven
- Refrigerator
- Stove
- Toaster
- Balcony
- Lanai / Gazebo
- Lawn / Garden
- Outdoor Grill
- Tennis
- Water Sports Gear
Pool / Spa
- Communal Pool
- Hot Tub
Building Type
- Building
RatesCurrency Conversion
|Weekend Night
|Monthly *
Low Season Standard (Min)
Dec 1 - Dec 19, 2016
3 night min stay
Low Season Standard (Max)
Dec 1 - Dec 19, 2016
3 night min stay
Peak Holiday Season
Dec 20 - Jan 3, 2017
3 night min stay
High Season Standard (Min)
Jan 4 - Jan 31, 2017
3 night min stay
High Season Standard (Max)
Jan 4 - Jan 31, 2017
3 night min stay
High Season Premium (Min)
Feb 1 - Feb 28, 2017
3 night min stay
High Season Premium (Max)
Feb 1 - Feb 28, 2017
3 night min stay
High Season Standard
Mar 1 - Mar 31, 2017
3 night min stay
Low Season Premium
Apr 1 - Apr 30, 2017
3 night min stay
Low Season Value
May 1 - May 31, 2017
3 night min stay
Low Season Standard
Jun 1 - Aug 31, 2017
3 night min stay
Low Season Value
Sep 1 - Sep 30, 2017
3 night min stay
Low Season Standard
Oct 1 - Oct 31, 2017
3 night min stay
Low Season Premium
Nov 1 - Nov 30, 2017
3 night min stay
Low Season Standard
Dec 1 - Dec 14, 2017
3 night min stay
Payment is usually accepted in the quoted currency ($) unless the currency and the amount is specifically agreed in advance with the manager / advertiser.
Additional information about rental rates:
Don't forget your vacation protection! Get protected now
Adding our Vacation Protection services can make sure your getaway goes smoothly, no matter what. We offer Cancellation Protection and Damage Protection so you can truly relax.
Manager info
Maui Condo and Car
About: We chose Maui Condo and Car to manage our vacation home. They have excellent customer service, and we feel our guests have been happy with the communication, attention, and assistance they require. If you need anything, call them up, day or night, and they'll be happy to help. Managed by Maui Condo and Car; MCW LLC; COH# 287 Tax ID: W40879990-01
Why Kihei, HI, USA:
Across from Kamaole II, one of South Maui's most scenic white-sand beaches, Maui Banyan is the ideal location for your island vacation. You'll be near some of the best local restaurants Kihei has to offer, within walking distance to shopping and sight-seeing, and most importantly, only steps away from amazing snorkeling, swimming, and relaxation in the sun. Maui Banyan offers all of the amenities you'll need for your stay, including two pools, multiple hot tubs, tennis courts, and access to BBQ grills for your convenience. Need some excursion ideas? Be sure to inquire with the on-site activities guide available to help you with any information or reservations.
The Unique Benefits at this Condo:
This unit is in a great location! Super close to the front of the property, making beach access a cinch. And with small kids, it's ideal to have the ground-floor walkout with access to the garden area. We love our location, and the space of the condo. The unique bed layout offers something for every size and shape of family.
Contact us
Send email
- Primary: 888 871 3940
- Secondary: 808 214 5279
Links to more information:
- CLICK HERE - Additional Information
- Click Here to see All My Rental Listings
This listing was first published here in 2007.
Date last modified - Wednesday, December 07, 2016
Partner Offers
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9 posts tagged with publish and writing.
Displaying 1 through 9 of 9. Subscribe:
How to Submit to Book Publishers?
One of my closet relatives has self-published a book and now has revisited with hopes of submission to book agents. Aside from being a really interesting and good story, he is flummoxed by the plethora of requirements agents require (synopsis page, sample page, query letters, no attachements etc). He has used OpenOffice to create and is looking for software to help make agent submissions? Any ideas? More Inside the fold! [more inside]
Adapting for profit my own work, portions of which I released under CC
For a couple chapters of a book I'm writing, I could choose to adapt short stories that I already released under a Creative Commons license. Even with the adapted chapters, the book would be 95% new material. What are the implications of mixing the new material with the CC material? [more inside]
To Self-publish, or (try) to Publish... and I'm a snowflake
I am writing a guidebook for my industry and while I want to catch some of the increase in reputation that comes from going through a real publisher, I also pretty much want to give it away (electronically but also in hard copy as gifts for clients etc) to as many people as possible. Is there a way to achieve both of those goals? Published by an independent, real publisher, printed for those that want to pay, and those I am willing to pay for, and free for me to distribute as much as I want?
Publishing my first novel - what should I be doing?
I just got an offer to publish my first novel. I know very little about the publishing industry and the business aspect of being an author. Help! [more inside]
How do you get into Nature? Publish, publish, publish!
Can you recommend a good book/guide to writing scientific research papers (for publication)? [more inside]
Ghostwriter! Word.
I've been offered a ghostwriting gig. Help me with my expectations, please. [more inside]
What book writing software exists for Max OSX?
What book writing software exists for Max OSX? [more inside]
Does self-publishing a book impact the potential for mass-market publication?
Once I've made my sci-fi novel available via Lulu.com, will it still be viable to shop around to agents and editors for potential mass-market publication? Are there factors that influence it? For example, if it sells a lot, is it considered a good buy by a publisher, or has it basically had its first run?
How much money will I get for publishing a novel
Suppose I were able to write a publishable novel. How much money would I get, as a first-time author as soon as it was picked up? How much would I make over all? Assume This an action sci-fi/cyberpunk type book (think William Gibson). [more inside]
Page: 1


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World number 2 Roger Federer is testing a new coach his manager Tony Godsick confirmed:"It is true Cahill is in Dubai, and they are testing for a few days a possible collaboration. What is going to happen is still unclear, but his work with his present coach Severin Luethi is going on for sure."
Darren Cahill is not unknown in the tennis scene. Cahill trained Hewitt for years and made him world number 1, before they parted in 2001. A little bit later Cahill worked together with Andre Agassi, who then managed to climb the tennis throne once again.
As a professional player the Australian Cahill was a little less successful. His highest ranking was no.22 and he won only two tournaments.
Federer, from what has been said, is fit again. He can train without any pain again and seems to be ready for the upcoming Indian Wells Masters Series.