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United States District Court, S.D. New York
March 30, 2015
Robin Greenwald, Esq., Robert Gordon, Esq., William A. Walsh, Esq., Weitz & Luxenberg, P.C., New York, NY, Liaison Counsel for Plaintiffs.
Michael Axline, Esq., Miller, Axline, & Sawyer, Sacramento, CA, Counsel for the Commonwealth.
Peter John Sacripanti, Esq., James A. Pardo, Esq., Lisa A. Gerson, Esq., Stephen J. Riccardulli, Esq., McDermott Will & Emery LLP, New York, NY, Liaison Counsel for Defendants.
James P. Tuite, Esq., Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., Counsel for LAC.
SHIRA A. SCHEINDLIN, District Judge.
This is a consolidated multi-district litigation ("MDL") relating to contamination - actual or threatened - of groundwater from various defendants' use of the gasoline additive methyl tertiary butyl ether ("MTBE") and/or tertiary butyl alcohol, a product formed by the breakdown of MTBE in water. On December 23, 2014, defendant Lukoil Americas Corporation ("LAC") moved to dismiss the Commonwealth of Pennsylvania's (the "Commonwealth") complaint for lack of personal jurisdiction.[1]
The overarching question presented in that motion is straightforward: can the Court exercise personal jurisdiction over LAC in this action? Arguing in the affirmative, the Commonwealth intends to prove that at all relevant times, LAC was acting through its now-bankrupt subsidiary Getty Petroleum Marketing Inc. ("GPMI"), such that the Court should pierce the corporate veil between the two entities to establish personal jurisdiction over LAC (the "Veil-Piercing Theory"). In support of the Veil-Piercing Theory, the Commonwealth alleges that GPMI had significant contacts with Pennsylvania, where this action was originally filed.[2] Therefore, at a January 15, 2015 status conference, I directed LAC and the Commonwealth to engage in limited jurisdictional discovery relating to the Veil-Piercing Theory.[3]
Jurisdictional discovery is presently on hold because the parties dispute the applicable legal standard for veil-piercing, which necessarily bears on the sufficiency of LAC's responses to the Commonwealth's discovery requests. At a March 5, 2015 conference, counsel for LAC asserted that the laws of Maryland, where GPMI was incorporated, govern the Veil-Piercing Theory.[4] The Commonwealth countered that the federal common law of the Third Circuit should apply.[5] I then directed the parties to brief the choice-of-law issue, which is now fully submitted.[6] For the following reasons, I conclude that Maryland law governs the Veil-Piercing Theory.
The central question before the Court - whether Maryland law or Third Circuit law applies to the Veil-Piercing Theory - requires the resolution of two subsidiary issues. First, I must decide whether the appropriate source of law for evaluating jurisdictional veil-piercing in this action is federal common law or the law of the forum state (here, Pennsylvania). This inquiry is unusually complex because in this case, where the Commonwealth has brought only state law claims, federal jurisdiction is premised neither on diversity of citizenship nor a violation of a specific federal statute, but instead on a federal statute providing for removal on the basis of a federal defense. However, deciding between federal common law and state law is not the end of the matter. Second, if I determine that Pennsylvania law applies, I must then review Pennsylvania's choice-of-law principles to determine whether the laws of Maryland, as opposed to those of Delaware, Pennsylvania, or New York, govern the Veil-Piecing Theory.
A. Federal Common Law Does Not Apply to the Veil-Piercing Theory
The main source of disagreement between the parties is whether this action's removal from Pennsylvania state court to federal court pursuant to Section 1503 of the Energy Policy Act of 2005 (the "EPA") essentially converted a state-law dispute into a federal question case requiring the application of federal common law to the jurisdictional analysis.[7] Because the Notice of Removal in this action states that the case "arises under" federal law in the context of a potential federal preemption defense, the Commonwealth urges this Court to apply a federal common law standard of corporate separateness to the jurisdictional question.[8] LAC contends that, in the absence of any federal causes of action here, federal jurisdiction is premised on nothing more than a possible federal defense; as such, the action does not raise a federal question.
The Commonwealth dismisses the importance of LAC's distinction between traditional federal question cases and the instant federal case by relying heavily on Keeton v. Hustler Magazine, Inc. for a distinction of its own: that in all "federal question" cases, personal jurisdiction must be evaluated separately from the question of a party's liability.[9] As such, the Commonwealth contends that choice-of-law rules may be relevant to liability issues, but never to personal jurisdiction, which is always governed by federal law and decided before analyzing liability. To fully comprehend the Commonwealth's position - and LAC's objection to it - it is helpful to review the facts and holding of Keeton.
1. Keeton v. Hustler Magazine
In Keeton, plaintiff brought a defamation claim in federal court in New Hampshire - the only state in which (1) the statute of limitations had not run and (2) she could recover damages for nationwide harm.[10] Affirming the trial court's ruling, the First Circuit refused to exercise personal jurisdiction, noting that to do so would be "unfair" to the defendant.[11] The Supreme Court reversed, holding that "any potential unfairness in applying New Hampshire's statute of limitations to all aspects of this nationwide suit has nothing to do with the jurisdiction of the Court to adjudicate the claims."[12] In so holding, the Supreme Court cautioned against choice-of-law concerns "complicat[ing] or distort[ing] the jurisdictional inquiry, " explaining that "the chance duration of statutes of limitations in nonforum jurisdictions has nothing to do with the contacts among respondent, New Hampshire, and this multistate libel action."[13]
From Keeton, the Commonwealth leaps to the conclusion that choice-of-law analysis is irrelevant to the personal jurisdiction inquiry in a federal question case, which is decided under a federal law standard before any state-law liability issues are examined.[14] Therefore, in analyzing veil-piercing rules in federal question cases when personal jurisdiction is at issue, state choice-of-law concerns cannot apply at the threshold - at most, they can inform the veil-piercing analysis relating to liability for any state-law claims at a later stage.[15]
However, the Commonwealth's interpretation of Keeton is a distortion of the Supreme Court's actual holding: that "the chance duration of statutes of limitations in nonforum jurisdictions has nothing to do with the contacts among" the parties.[16] As LAC points out, the Commonwealth overlooks important language the Supreme Court relied on in deciding Keeton, which is especially relevant here: "[i]n judging minimum contacts, a court properly focuses on the relationship among the defendant, the forum, and the litigation."[17] In this case, the relationship between LAC and GPMI has everything to do with the defendants' contacts with the forum state. Analyzing the nature of that relationship requires a determination of the law governing veil-piercing. In short, Keeton does not stand for the categorical proposition that choice of law cannot be addressed in concert with personal jurisdiction.[18]
2. Pennsylvania Choice-of Law Rules Apply
Having concluded that choice-of-law considerations are relevant at this stage, the next question is whether the laws of the forum state or federal common law apply to this non-diversity federal case. To begin, this is not a federal question case - the Commonwealth asserts only state-law claims. As such, the Erie Doctrine requires federal courts to defer to the forum state's choice-of-law rules. LAC reaches this conclusion through a complex but carefully-structured argument premised on the Supreme Court's holding in Mesa v. California : a statute that permits or requires a federal defense does not have the effect of transforming a state-law case into a federal question one.[19]
Where a claim arises under state law, and the statute authorizing removal "merely serves to overcome the well-pleaded complaint' rule which would otherwise preclude removal even if a federal defense were alleged, " a case retains its state-law identity.[20] As LAC observes, the "Commonwealth's contrary position is the product of conflating statutory "federal question" jurisdiction... with constitutional federal question jurisdiction."[21] This difference is crucial: where a federal cause of action is asserted, federal common law may apply to veil-piercing, but not when the "source of the right sued upon" is found in state law.[22] It is for this reason courts are warned about applying federal common law, even when there is a sufficient legal justification for doing so, absent a "significant conflict between some federal policy or interest and the use of state law."[23]
Further, it is well-established, and logically flows from Mesa, that "[t]he Erie case and the Supreme Court decisions following it apply in federal question cases as well [as diversity cases]."[24] The Erie doctrine also permeates choice-of-law rules.[25] For these reasons, as LAC stresses, the District of Columbia Circuit Court of Appeals has held that "where the federal question' giving rise to federal jurisdiction need not appear upon the face of a well-pleaded complaint, there is no reason for the federal court to conduct any different choice-of-law inquiry than would a court of the forum state in deciding the same issue."[26] Accordingly, I find that Pennsylvania's choice-of-law rules apply to the Veil-Piercing Theory.
B. Under Pennsylvania Choice-of-Law Rules, Maryland Law Applies to the Veil-Piercing Theory
Under Pennsylvania law, "the court having jurisdiction of the action or proceeding shall apply the law of the jurisdiction under which the foreign domiciliary corporation was incorporated."[27] Thus, the important question is whether the relevant state of incorporation is GPMI's (Maryland) or LAC's (Delaware).[28] In the veil-piercing context, Pennsylvania courts apply "the corporate law of the targeted entity's state of incorporation, " which is defined in most cases as the defendant's subsidiary.[29]
Here, the targeted entity is GPMI, which was incorporated in Maryland. Therefore, Maryland law governs the Veil-Piercing Theory.
For the foregoing reasons, Maryland law governs the Veil-Piercing Theory. The Court directs the Commonwealth and LAC to meet and confer, in light of this ruling, about outstanding jurisdictional discovery requests and, if necessary, to contact chambers to schedule a teleconference regarding any remaining objections.
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August 13, 2010
ANTHONY JERDINE, ET AL., PLAINTIFFS,v.FEDERAL DEPOSIT INSURANCE CORPORATION, ET AL., DEFENDANTS.
This matter is before the Court on the defendants' motions to dismiss.*fn1 For the reasons discussed in this Opinion, the motions will be granted, and this action will be dismissed with prejudice.
Plaintiffs Anthony and Darryl Jerdine bring this action against the Federal Deposit Insurance Corporation ("FDIC") in its capacity as the receiver for Washington Mutual Bank ("WaMu"), Select Portfolio Servicing Inc. ("SPS"), and DLJ Mortgage Capital Inc. ("DLJ") on claims arising "in Cuyahoga County, Ohio by virtue of a mortgage loan and related inter- temporal transactions associated therewith which concern the [p]laintiffs' primary residential real estate which is located in Pepper Pike, Ohio 44124[.]" Compl. ¶ 9.
Plaintiffs secured mortgage financing from WaMu. Compl. ¶ 21. At the closing in February 2005, they "executed Promissory Notes and Security Agreements in favor of . . . WaMu," id., which "retained a security in [the] Pepper Pike, Ohio [property]." Id. ¶ 22. For the first two years, the interest rate was fixed; thereafter the rate adjusted at six-month intervals. Id. ¶ 12. WaMu allegedly entered into this transaction knowing that plaintiffs could not repay the loan and that "[p]laintiffs likely would be placed in a position of default, foreclosure, and deficiency judgment upon not being able to meet their increased loan obligations once the fixed rate interest period expired and the adjustable rate applied[.]" Id. ¶ 11(e). WaMu "assigned the Note and mortgage to . . . SPS," id. ¶ 29, which in turn bundled the loan with others to be sold as a mortgage-backed security. See id. ¶¶ 11(g), 30, 108.
A. Foreclosure Proceedings
On August 23, 2005, WaMu initiated foreclosure proceedings in the Court of Common Pleas for Cuyahoga County, Ohio against Darryl Jerdine, ALJ Holdings Group, Ltd., and Citibank Federal Savings Bank "alleging breach of a promissory note for a 2005 mortgage secured by a mortgage deed for Ohio real property." Memorandum of Points and Authorities in Support of the [FDIC's] Motion to Dismiss ("FDIC Mem.") at 4; see id., Ex. 1 (Docket, Wash. Mut. Bank v. Jerdine, No. CV-05-570626 (Cuyahoga County Ohio Ct. Com. Pl. Oct. 23, 2005)) at 13. On February 12, 2007, a judge of the Court of Common Pleas adopted a magistrate's decision, decreed foreclosure for WaMu, and entered judgment in WaMu's favor in the amount of $1,017,663.33 plus interest. Id., Ex. 1 (Journal Entry, Wash. Mut. Bank v. Jerdine, No. CV-05-570626 (Cuyahoga County Ohio Ct. Com. Pl. Feb. 12, 2007)) at 7. The court authorized the Sheriff of Cuyahoga County to sell the property and to dispose of the proceeds of the sale. Id., Ex. 1(Magistrate's Decision, Wash. Mut. Bank v. Jerdine, No. CV-05-570626 (Cuyahoga County Ohio Ct. Com. Pl. filed Jan. 12, 2007) at 19-20.
Darryl Jerdine twice appealed this decision. FDIC Mem., Ex. 1 (Dockets, Wash. Mut. Bank v. Jerdine, No. CA-08-091823 (Ohio 8th Dist. Ct. App. July 18, 2008) and Wash. Mut. Bank v. Darryl Jerdine, No. 08-091444 (Ohio 8th Dist. Ct. App. filed May 16, 2008)) at 25-26, 29-30. Both appeals were dismissed. Id., Ex. 1 (Journal Entries, Wash. Mut. Bank v. Darryl Jerdine, No. CA-08-091823 (Ohio 8th Dist. Ct. App. August 18, 2008), and Wash. Mut. Bank v. Darryl Jerdine, No. CA-08-091444 (Ohio 8th Dist. Ct. App. filed June 2, 2008)) at 27, 29.
B. Challenges to Foreclosure Proceedings
In October 2007, Anthony Jerdine filed a civil action in the United States District Court for the Northern District of Ohio against WaMu, Judge Bridget M. McCafferty, the judge who presided over the foreclosure proceedings, and Cuyahoga County Sheriff Gerald T. McFaul, who sold the Pepper Pike property. See FDIC Mem., Ex. 2 (Civil Docket, Jerdine v. Wash. Mut. Bank, No. 07-cv-02984 (N.D. Ohio Oct. 1, 2007)). SPS and DLJ characterized the complaint as one to "[q]uiet [t]itle which included allegations of racketeering and alleging a private nuisance against [WaMu], Magistrate McCafferty and the sheriff who was to conduct the sale of the [Pepper Pike] [p]roperty." Defs.' [SLS] and [DLJ] Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Complaint ("Defs.' Mem.") at 2-3. Anthony Jerdine alleged that the Court of Common Pleas of Cuyahoga County had not been created by law, that the Ohio Revised Code had not been enacted, that Judge McCafferty did not properly hold her position, and that Sheriff McFaul had no authority to sell off the Pepper Pike property, such that the foreclosure sale was void. Complaint, Jerdine v. Wash. Mut. Bank, No. 07-cv-02984 (N.D. Ohio Oct. 1, 2007). Among other relief, plaintiff demanded that the district court void the Ohio Court of Common Pleas' January 12, 2007 decision, quiet title in plaintiff's favor, and enjoin the sale of the Pepper Pike property, which was to occur later in the month of October 2007. See id.
The district court dismissed the action sua sponte on the ground that a federal district court has no jurisdiction over challenges to state court decisions. Its opinion stated in relevant part:
In the present action, plaintiff directly attacks a state court's decision, and the action is clearly predicated on his belief that the state court was mistaken in rendering its decision against him. Any review of plaintiff's claims would require the court to review the specific issues addressed in the state court proceedings. This court lacks subject matter jurisdiction to conduct such a review or grant the relief as requested. In light of the foregoing, this action is appropriately subject to summary dismissal.
Jerdine v. Wash. Mut. Bank, No. 1:07-cv-2984, 2007 U.S. Dist. LEXIS 75288, at *3 (N.D. Ohio Oct. 10, 2007) (internal citations omitted). In short, "[u]nder . . . the Rooker-Feldman Doctrine, a party losing a case in state court is barred from seeking what in substance would be appellate review of the state judgment in a United States District Court based on the party's claim that the state judgment itself violates his . . . federal rights." Id., 2007 U.S. Dist. LEXIS 75288, at *2.
The Sixth Circuit affirmed without opinion. Order, Jerdine v. Wash. Mut. Bank, No. 08-3676 (6th Cir. Feb. 4, 2010).
In March 2008, Darryl Jerdine filed a petition for a writ of mandamus in the Court of Appeals of Ohio, Eighth District, seeking to stay the underlying foreclosure proceedings. FDIC Mem., Ex. 3 (Docket, In re Darryl Jerdine, No. CA-08-091172 (Ohio 8th Dist. Ct. App. Mar. 19, 2008)) at 2. The court struck the pleading because Jerdine "failed to establish that he [was] entitled to a writ of mandamus." In re Jerdine, No. CA-08-091172 , 2008 Ohio App. LEXIS 1648, at *5 (Ohio 8th Dist. Ct. App. Apr. 21, 2008).
Returning to the Court of Common Pleas, Darryl Jerdine filed a new civil action against WaMu and others. FDIC Mem., Ex. 4 (Docket, Jerdine v. Select Portfolio Servs., No. CV-08-668159 (Cuyahoga County Ohio Ct. Com. Pl. Aug. 19, 2008)). The court dismissed these proceedings without prejudice because of plaintiff's failure to comply with two court orders. Id., Ex. 4 at 1. Darryl Jerdine appealed, but the appeal was dismissed on March 20, 2009. Id., Ex. 4 (Docket, Jerdine v. Select Portfolio Servs., No. CA-09-092890 (Ohio 8th Dist. Ct. App. Mar. 20, 2009)) at 11.
On February 10, 2009, Anthony Jerdine and Darryl Jerdine filed a civil action in the United States District Court for the Northern District of Ohio against the FDIC, WaMu, SLS and DLJ. Complaint, Jerdine v. Fed. Deposit Ins. Corp., No. 1:09-cv-00307-JG (N.D. Ohio Feb. 10, 2009).*fn2 The court dismissed the complaint on the ground that the doctrine of res judicata barred Anthony Jerdine's "third attempt to collaterally attack the foreclosure judgment issued against him in the Cuyahoga County Court of Common Pleas." Memorandum Opinion and Order, Jerdine v. Fed. Deposit Ins. Corp., No. 1:09-cv-00307 (N.D. Ohio June 18, 2009) at 4. The Jerdines appealed the decision to the Sixth Circuit. Notice of Appeal, Jerdine v. Fed. Deposit Ins. Corp., No. 1:09-cv-00307 (N.D. Ohio June 18, 2009). The appeal subsequently was dismissed for want of prosecution, that is, for failure to pay the filing fee within the time period set by the Circuit. Order, Jerdine v. Fed. Deposit Ins. Corp., No. 09-3955 (6th Cir. July 14, 2010).
On March 23, 2009, Anthony Jerdine and Darryl Jerdine filed yet another complaint in the Court of Common Pleas against the FDIC. FDIC Mem., Ex. 6 (Docket, Case No. CV-09-688130 (Cuyahoga County Ohio Ct. Com. Pl. Mar. 23, 2009) at 6. The matter was dismissed on July 30, 2009 because plaintiffs had not appeared for a pre-trial conference. See id. at 2.
Thereafter, Anthony Jerdine and Darryl Jerdine filed a civil action against the FDIC in the United States District Court for the Western District of Washington . Complaint, Jerdine v. Fed. Deposit Ins. Corp., No. 09-cv-01596 (W.D. Wash. Nov. 9, 2009). As of the date of this Opinion, this civil action is still pending.
C. Administrative Claims to the FDIC
The FDIC became WaMu's receiver on September 25, 2008. In December 2008, plaintiffs submitted two administrative claims to the FDIC. FDIC Mem., Ex. 8 (Proof of Claim) at 1-2. By letters of notice dated June 22, 2009, the FDIC notified plaintiffs of the disallowance of their claims. Id., Ex. 8 (Notices of Disallowance of Claims) at 3-4. In neither instance did plaintiffs provide factual allegations or proof to support their claims. See id. The FDIC notices included the following statement:
Pursuant to [12 U.S.C. § 1821(d)(6)], if you do not agree with this disallowance, you have the right to file a lawsuit on your claim . . . in the United States District . . . Court within which the failed institution's principal place of business was located or the United States District Court for the District of Columbia within 60 days from the date of this notice.
Id., Ex. 8 at 8 (emphasis in original); see id., Ex. 8 at 9.
D. Civil Action No. 09-1840
The Clerk of this Court received plaintiffs' complaint on August 31, 2009, evidenced by the date stamp on the first page of the original pleading. On that date the Clerk also received Anthony Jerdine's application to proceed in forma pauperis. The Clerk provisionally filed these items on the Court's electronic docket on September 28, 2009, pending receipt of a certified copy of Anthony Jerdine's trust fund account statement.*fn3 The application permitting plaintiffs to proceed in forma pauperis was approved on November 3, 2009.
Generally, plaintiffs allege that defendants have violated the Home Ownership Equity Protection Act, 15 U.S.C. § 1639 et seq.; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq.; the Truth in Lending Act, 15 U.S.C. § 1601 et seq.; the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; and various provisions of Ohio law. Plaintiffs also assert common law tort claims of fraudulent misrepresentation, breach of fiduciary duty, unjust enrichment, and civil conspiracy. Among other relief, plaintiffs demand a declaratory judgment rendering the mortgage loan transaction void and finding that WaMu lacked standing to bring the underlying foreclosure action, in addition to an award of $27.4 million in damages.
A. Lack of Subject Matter Jurisdiction Under FIRREA
The FDIC moves to dismiss the complaint under Rule 12(b)(1) of the Federal Rules of Civil Procedure on the ground that the Court lacks subject matter jurisdiction. "Federal courts are courts of limited jurisdiction . . . [and it] is to be presumed that a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994). It is plaintiffs' burden to demonstrate that this Court has subject matter jurisdiction. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992). In ruling on a motion under Rule 12(b)(1), the Court "must accept as true all material allegations of the complaint, and must construe the complaint in favor of the complaining party." Warth v. Seldin, 422 U.S. 490, 501 (1975).
Under the Financial Institutions Reform, Recovery and Enforcement Act ("FIRREA"), see 12 U.S.C. § 1821(d), the Director of the Office of Thrift Supervision may appoint a receiver "for the purpose of liquidation or winding up any savings association's affairs." 12 U.S.C. § 1821(d)(6). In its capacity as WaMu's receiver, the FDIC is obligated to "publish a notice to the depository institution's creditors to present their claims, together with proof, to the receiver by a date specified in the notice." 12 U.S.C. § 1821(d)(3)(B). Under FIRREA, the FDIC is authorized "after the declaration of an institution's insolvency, [to] settle all uninsured and unsecured claims on the receivership with a final settlement payment which shall constitute full payment and disposition of the [FDIC's] obligations to such claimants." 12 U.S.C. § 1821(d)(4)(B)(i); see City of New York v. Fed. Deposit Ins. Corp., 40 F. Supp. 2d 153, 159 (S.D.N.Y. 1999 ) (describing FDIC's claims process). The FDIC is obligated to make its decision to allow or disallow a claim within 180 days of its receipt, 12 U.S.C. § 1821(d)(5)(A)(i), unless the FDIC and the claimant agree in writing to extend this time period, 12 U.S.C. § 1821(d)(5)(A)(ii). If it disallows a claim, the FDIC must provide written notice of the disallowance, 12 U.S.C. § 1821(d)(5), after which a claimant may seek either administrative review of the disallowance or judicial review, 12 U.S.C. § 1821(d)(6)(A). There is a 60-day period within which a claimant must file a civil action in a federal district court; if he "fails to . . . file suit on such claim . . . before the end of the 60-day period . . ., the claim shall be deemed to be disallowed. [As] of the end of such period, such disallowance shall be final, and the claimant shall have no further rights or remedies with respect to such claim." 12 U.S.C. § 1821(d)(6)(B).
The FDIC argues that plaintiffs' complaint must be dismissed for lack of subject matter jurisdiction because the pleading was not timely filed. FDIC Mem. at 8-10. According to the FDIC, plaintiffs filed their complaint on September 28, 2009, "more than 90 days after the FDIC-Receiver's letter disallowing their administrative claims," id. at 10, and, therefore, plaintiffs "have no further rights or remedies as to any claim against WaMu." Id.
On June 2, 2009, the FDIC requested an extension until December 17, 2009 to make its determination on plaintiffs' administrative claim. Memorandum of Points and Authorities in Support of the Plaintiffs' Motion to Oppose Dismissal ("Pls.' Opp'n to FDIC Mot."), Ex. A (Request for Extension) at 1. Plaintiffs argue that they "had until December 17, 2009" to file their complaint in a federal district court because the FDIC requested, and plaintiffs agreed to, an extension of the 180-day period within which a decision on the claim was to be made. Pls.' Opp'n to FDIC Mot. at 2. Plaintiffs apparently consider the FDIC's extended deadline, December 17, 2009, as the filing deadline for this lawsuit. Their position is untenable.
By consenting to the FDIC's request for an extension of time for the receiver to allow or disallow plaintiffs' claims, plaintiffs agreed to the following provision:
If you agree to the requested extension of time, your statutory rights will remain in full force, including the right to file a lawsuit on your claim during the 60-day period beginning on the earlier of (1) the expiration of the Extended Determination Date; or (2) the date the claim is disallowed by the Receiver, if it is disallowed.
Id., Ex. A at 1 (emphasis in original). By virtue of this extension the FDIC had until December 17, 2009 to make its determination, but the FDIC in fact made its decision denying plaintiffs' claims on June 22, 2009. The 60-day period within which plaintiffs were required to file a civil action therefore began to run on June 22, 2009, the date of the FDIC's written notice of the denial of their claims. It ended sixty days later on or about August 21, 2009. Based on the Clerk's "received" stamp on the original pleading, plaintiffs' complaint was deemed filed on August 31, 2009, 70 days after the date on which the FDIC disallowed their claims. Plaintiffs' complaint therefore was untimely.
Because plaintiffs did not file their lawsuit within sixty days as required by Congress under the FIRREA, the FDIC's determination is final and not reviewable by this Court. See Hanson v. Fed. Deposit Ins. Corp., 113 F.3d 866, 869-70 (8th Cir. 1997) ("[T]he failure of a claimant to satisfy the requirements of § 1821(d)(6)(B) within the prescribed time period bars the claimant from seeking judicial review of his claim."); Fed. Deposit Ins. Corp. v. Shain, Schaffer & Rafanello, 944 F.2d 129, 132 (3d Cir. 1991) ( "Congress expressly withdrew jurisdiction from all courts over any claim to a failed bank's assets that are made outside the procedure set forth in section 1821."); Jette v. Orange County Fin., Inc., No. 2:08-CV-1767-GEB-EFB, 2009 WL 5029563, at *3 (E.D. Cal. Dec. 15, 2009) (concluding that "Plaintiffs' failure to act within the sixty day statutory time period is fatal to their [Truth in Lending Act ] claim against the FDIC"); Judd v. Resolution Trust Corp., No. 95-1074, 1997 WL 678171, at *17 (D.D.C. Oct. 22, 1997) (Magistrate Judge recommendation to dismiss claims against receiver because plaintiffs "delayed over one year past the . . . statutory deadline for filing an action"); Arends v. Eurobank and Trust Co., 845 F. Supp. 60, 64 (D.P.R. 1994) (dismissing claims of plaintiffs who failed to file suit within the 60-day period); Freeman v. Resolution Trust Corp., No. C-93-4215-VRW, 1994 WL 398515, at *3 (N.D. Cal. July 20, 1994) ("The court has no jurisdiction over claims filed outside of the 60-day statute of limitations mandated by § 1821(d)(6)(B).").
B. Lack of Subject Matter Jurisdiction Under Rooker-Feldman Doctrine
"The Rooker-Feldman doctrine prevents lower federal courts from hearing cases that amount to the functional equivalent of an appeal from a state court" because they are without jurisdiction to do so. Gray v. Poole, 275 F.3d 1113, 1119 (D.C. Cir. 2002) (citing District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983), and Rooker v. Fiduciary Trust Co., 263 U.S. 413 (1923)); see Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 208 (2005) ("The Rooker-Feldman doctrine . . . is confined to cases of the kind from which the doctrine acquired its name: cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.").
In this case, it is apparent that plaintiffs, yet again, ask a federal court to overturn the Ohio courts' rulings with respect to the foreclosure proceedings and thus to re-establish their legal rights with respect to the Pepper Pike property. Notwithstanding plaintiffs' allegations of violations of federal law, the Rooker-Feldman doctrine I s jurisdictional, see Stanton v. District of Columbia Court of Appeals, 127 F.3d 72, 75 (D.C. Cir. 1997), and "a party losing in state court is barred from seeking what in substance would be appellate review of the state judgment in a United States district court, based on the losing party's claim that the state judgment itself violates the loser's federal rights." Johnson v. DeGrandy, 513 U.S. 997, 1005-06 (1994). Under the Rooker-Feldman doctrine, Darryl Jerdine as the loser in the foreclosure proceeding cannot seek review of the Ohio judgment in this federal lawsuit. See Hunter v. U.S. Bank Nat'l Ass'n, No. 09-1205, 2010 WL 1037945, at *5 (D.D.C. Mar. 22, 2010) (finding that plaintiff who lost foreclosure action brought against him in state court and subsequently filed federal lawsuit to contest validity of that judgment fell within ambit of the Rooker-Feldman doctrine); see also Broome v. Sharonview Fed. Credit Union, No. 3:10CV192-RJC-DSC, 2010 WL 2342453, at *2 (W.D.N.C. June 8, 2010) (Magistrate Judge's recommendation to dismiss action involving foreclosure of deed of trust and execution of writ of possession issued by state court under Rooker-Feldman doctrine).
The Court concludes that plaintiffs' claims against the FDIC are barred by operation of 12 U.S.C. § 1821(d)(6), and that their claims against all defendants are barred under the Rooker-Feldman doctrine. Accordingly, defendants' motions to dismiss will be granted and plaintiffs' summary judgment motion will be denied. An appropriate Order accompanies this Opinion.
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MKT 498 Entire Course - Integrated Marketing Strategies
Question;Week 1Individual Assignment: Purpose and Value of Integrated Marketing PaperWrite a 700- to 1,050-word paper in which you describe thepurpose and value of integrated marketing. In your paper, investigate a companyand determine if the company has an integrated marketing campaign for a productor service they sell. Address the following in your paper:If the company has an integrated marketing plan, what value does the plan add?If the company doesn?t have an integrated marketing plan, how might the companybenefit from having an integrated marketing plan?Format your paper using APA 6 standards.Week 2 Marketing Analysis PaperWrite a 1,400- to 1,700-word paper in which you identify the different types of analysis used by marketers to determine product positioning, competitive positioning, customer perceptions, and distribution-channel analysis.Compare the strengths and weaknesses of each method and asses the different types of marketing analysis required to develop a marketing strategy.Formatyour paper consistent with APA guidelines.Week 3 Individual Assignment: Target Market Paper? Select the product or service from the Integrated Marketing Discussion in Week Two.Write a 1,050- to 1,400-word paper in which you research thecurrent customer base, buyer behavior, demographics, psychographics, lifestyle,geographic area, benefit segmentation, and user segmentation for the product orservice. Identify the ideal target market for your Learning Team?s selectedproduct or service. In your paper, include the following:o Provide a specific description of the target market, which should be measurable,accessible, sustainable, differentiable, and actionable.o Include the total marketing budget. This is when the cost of acquisition is not greaterthan 10% of the product retail price or one month of an annual service.o Estimate the size of the market and estimated penetration percentage.o Provide Justification for your answers.Format your paper using APA 6 standards.Post your paper to the assignments link as a Microsoft Word document by Sunday of Wk 3Week 4 Individual Assignment: Alternative Marketing Options PaperSelect the product or service from the Integrated Marketing Discussion in Week Two.Write a 700- to 1,050-word paper in which you rank a minimum of five marketing optionsunder the categories of advertising, personal selling, public relations, andpromotions. Include the following in your paper:Evaluate the strengths and weaknesses of each communication venue and justify your choices based on the target market and the competition.? Determine marketing tactics necessary to achieve the desired goal of branding, positioning statement, and competitive advantage for the product or service.Format your paper using APA 6 standards.Week 4 Marketing Position and Statement PresentationUtilizethe research from your individual Target Market Paper in Week Three and the Learning Team Competitive Advantage Analysis in Week Three. Create a 10- to 12-minute Microsoft? PowerPoint? presentation including 8-10 slides in which you develop and justify a Marketing Position Statement for the selected product or service.Cite all references consistent with APA guidelines.MKT 498 Week 5 Integrated Marketing Communications Plan Paper
Paper#47252 | Written in 18-Jul-2015Price : $87


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LOS ANGELES (AP) — Google is turning on a "scan and match" service for Google Music users to store copies of their songs online. This new program offers for free what Apple charges $25 a year for.
The service, which launched Tuesday, cuts uploading time for those who want to save their music libraries online. It scans a user's computer and gives them online access to the songs it finds, as long as they match the songs on its servers. Otherwise, it will upload songs to a user's online locker.
The service is similar to Apple Inc.'s iTunes Match, which includes online storage for 25,000 songs. Google Inc. allows storage for 20,000 songs and allows users to re-download the songs only at the same quality as they were at previously. Apple upgrades songs to iTunes quality.
Amazon runs a similar matching and uploading service called Cloud Player. It costs $25 a year for 250,000 songs. A free version is limited to 250 songs.
Google is still a fledgling entrant into music sales since debuting its store in November 2011, though it expects to benefit from the hundreds of millions of devices that use its Android operating system on mobile devices.
According to the NPD Group, Apple accounted for 64 percent of U.S. music sales online, followed by Amazon at 16 percent. Google has no more than 5 percent, according to NPD. Other services make up the rest.
Initially, Google sold songs at a discounted price, but now that it not the case. For example, it was selling the top-ranked Bruno Mars song "Locked Out of Heaven" for $1.29 on Wednesday, the same as iTunes, and above the 99 cents on Amazon. But its album price was lower at $10.49 versus $10.99 at both iTunes and Amazon.
(Photo: AP)
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
1. Little Legend and Puddy 😍😍😍😍Source:Instagram 1 of 30
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutritionSource:Instagram 4 of 30
5. Jus haaaanngin outSource:Instagram 5 of 30
6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳Source:Instagram 6 of 30
7. No limits... Photo cred: Chris Bridges @ludacrisSource:Instagram 7 of 30
8. new newSource:Instagram 8 of 30
9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWithSource:Instagram 9 of 30
10. hey ma! 🎎#wcw 💙Source:Instagram 10 of 30
11. Surprise visit to our factories!!! #GoodAmerican #USASource:Instagram 11 of 30
12. 😍❤Source:Instagram 12 of 30
13. Peachy Keen 🔥✨⚡Source:Instagram 13 of 30
14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFlySource:Instagram 14 of 30
15. Late nights @nbcmarlon with the writers... we in here!!!Source:Instagram 15 of 30
16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -Source:Instagram 16 of 30
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?Source:Instagram 18 of 30
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20. #BrotherlyLove #tbtSource:Instagram 20 of 30
21. MoreSource:Instagram 21 of 30
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfridaySource:Instagram 23 of 30
24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeonSource:Instagram 24 of 30
25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriendSource:Instagram 25 of 30
26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!Source:Instagram 26 of 30
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One thought on "Google Launches 'Scan and Match' Music Service"
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Check in from 10h / Check out prior to 10h
S K House 2: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Chiang Mai, Thailand.
Situated a short walk from Minibus Que to Doi Suthep Station, S K House 2 is a convenient base while in Chiang Mai. The various facilities this cosy hotel offers include an outdoor pool, an express check-in and check-out feature and a beauty centre.
Hotel description
Bicycle rental, a ticket service and a 24-hour reception are just some of the convenient services at S K House 2. Airport transfers, a laundry service, a wake-up service and a dry cleaning service are available upon request.
Each cosy room at S K House 2 includes slippers and cable/satellite channels, and the bathrooms offer bathrobes and showers. They all have wireless internet access and a ceiling fan.
Those staying at the hotel can sample Thai and local cuisines at the in-house restaurant, suitably located for those who want to stay close by at mealtime. A selection of dining options are also found in the area.
S K House 2 is conveniently situated for sightseeing in Chiang Mai, with Wat Chiang Man only a couple of minutes away. The hotel also offers parking for guests with a car.
Hotel features
Restaurant, Air Conditioned, Cable / Satellite TV, TV, Shower, En suite, Private Bathroom
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66/3, Soi 1, Sanamkela Rd., Chiang Mai
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186 Chang Moi Rd, Muang Chiang Mai, Chiang Mai
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41/8 Soi 6 Loikroh Rd. Night Bazaar Chiang Mai, Chiang Mai
41/8 Soi 6 Loikroh Rd. Night Bazaar Chiang Mai, Chiang Mai
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Adding a touch of sparkle to our TV screens this evening was the final of ITV's hit Entertainment show Dancing on Ice.
Olympic skating superstars, Jayne Torvill and Christopher Dean trained 15 celebrity novices in 2012 and only 3 now remain.
Torvill and Dean opened tonight's finale with a breath taking performance of their breath taking bolero.
Following in the footsteps of previous winners Hayley Tamaddon, Suzanne Shaw, Kyran Bracken, Gaynor Faye, Ray Quinn and Sam Attwater, our skating stars performed LIVE each week to win the approval of the all important Judges, capture the hearts of the Nation, and compete for the title of Dancing on Ice Champion 2012.
Phillip Schofield and Christine Bleakley were ring side to preside over all the action and the Judges are on hand to deliver their verdicts.
Performances and Judges Comments
Matthew Wolfenden and Nina Ulanova skated to Singing In The Rain (Gene Kelly) scored 30 out of 30. This is the first perfect score of the series.
A shocked Matthew said: "I can't believe it, I'm lost for words."
Robin Cousins (scored 10) "I have been waiting a few weeks to press that ten, you skated solo, you worked with props and you lead a professional ensemble on ice."
Katarina Witt (scored 10) "Matthew you were just absolutely perfect. You out shined everybody else and the skating skills were outstanding. You captured the feel of the music and the character was charming and playful"
Louie Spence (scored 10) "Absolutely superb, it was just amazing. Your musicality was beautiful, you told a story and I believe it."
Jorgie Porter and Matt Evers skated to Fame (Irene Cara) and scored 29 out of 30.
Louie Spence (scored 10) "You were hot, that is my era fame. You burned up the floor, the ice was melting. It was absolutely superb."
Robin Cousins (scored 9.5) "The routine played to your strengths you act every move. You are an actress and probably the best skate for you "
Katarina Witt (scored 9.5) "Your energy out their was great and your acting. I didn't give the 10 as there was a little bit of skating missing but the lifts were amazing and the choreography highlighted your skills."
Chico and Jodeyne Higgins skated to Happy Days (TV Theme) and scored 26 out of 30.
Robin Cousins (scored 8.5) "What a performance, you really did get back into it. There was a little bit of caution in the second half but the first part was fantastic. Overall performance it still worked."
Katarina Witt (scored 9) "We know how good you are and how far you have come, you really lived up to expectations. You came back from that stumble and performed well, it was a difficult routine with difficult steps."
Louie Spence (scored 8.5) "Chico I have always championed you, you are the ultimate performer. You never fail to go out there on the ice and perform. I know how much this means to you and I hope on your next performance you go out there and give it hundred and fifty percent"
Matthew Wolfenden and Nina Ulanova skated to Don't Stop Me Know (Queen) scored 28.5 of 30 .
Louie Spence (scored 9.5)
Katarina Witt (scored 9.5)
Robin Cousins (scored 9.5)
Jorgie Porter and Matt Evers skated to Falling (Alicia Keys) and scored 30 out of 30.
Louie Spence (scored 10)
Katarina Witt (scored 10)
Robin Cousins (scored 10)
Chico and Jodeyne Higgins skated to Sexy And I Know It (LMFAO) and scored 30 out of 30.
Louie Spence (scored 10)
Katarina Witt (scored 10)
Robin Cousins (scored 10)
The final two skaters then took part in performing their own unique version of Bolero and this was Matthew Wolfenden and Jorgie Porter.
The Bolero
Matthew Wolfenden
Robin Cousins "You laid everything out in front of us, it was a privilege to watch. It was the most difficult bolero we have seen from day one of Dancing on Ice."
Katarina Witt "It kept growing from one trick to another, it was memorising, it was gentle, sexy and intense. I can not imagine what kind of skater you would of become if you had started as a young boy."
Louie Spence "It was superb, you invited us into that performance and you made it your own. By putting in your own choreography as well it was an extension of you."
Jorgie Porter
Katarina Witt "You guys went through a really tough twelve weeks. You must be tired but don't be disappointed, you should be very proud. You made Chris and Jayne and me as a skater proud. Your elegance, your posture, your passion, you gave us a great performance."
Louie Spence "You do these slow dramatical routines so well, you have outdone yourself."
Robin Cousins "What was so special about this is you created this yourself and it was Jorgie and Matt doing what you do beautifully."
On winning, a thrilled Matthew said:
"I can't believe it I'm shaking. The first time I stood on the ice I thought I made the worse mistake of my career."


text:
E-mail. A theme we will visit often here at the Personal Productivity Blog. You can (and I often do) make a pretty compelling argument that there is no bigger single enemy of productivity in the workplace than e-mail. It seems sacrilegious and many people will disagree vehemently, but I stand by it. E-mail interrupts, de-personalizes, causes misunderstandings and demands attention. I don´t suggest that we should eliminate e-mail entirely from our lives. I´m as much of an addict as anyone. It´s just important to keep e-mail in perspective.
One of my favorite discussions of e-mail use is this one by the prolific author Neal Stephenson. It´s a form letter for his fans. In order to be a good novelist, which is what his fans ultimately want, he needs uninterrupted blocks of time to write. Replying to e-mails interrupts those blocks of time and hampers his creative process. As he says, therefore, "I am faced with a stark choice between being a bad correspondent and being a good novelist. I am trying to be a good novelist, and hoping that people will forgive me for being a bad correspondent."
Stephenson realizes that e-mail affects his productivity, so he has clearly ranked his priorities. Further, and more important, he has realized that his world will still keep spinning if he doesn´t correspond well. People will still read his books if he doesn´t get to his e-mail, but they won´t e-mail him if he doesn´t write his books. A simple balance for him, and a decision that makes him much more productive.
I guarantee that your world will keep spinning if you forego your e-mail in favor of more important tasks once in a while, too. Need proof? Be brave and try this experiment. Don´t open your e-mail for an entire day. Seem tough? It gets worse. At the end of the day, open your inbox and delete every message. Don´t even look at them. Just send them straight into the trash.
What will happen? Surprisingly little. Perhaps depressingly little. Anything that needs attention will re-appear and everything else will just disappear. The world will go on just fine. Of course, I´m not suggesting that you do this all the time. It´s just a good experiment to try out. E-mail allows us to inflate our own self-importance. This little test may help you see that putting e-mail on the backburner once in a while in favor of more important tasks won´t kill you. In fact, it will make you more productive.
I´m not suggesting that you become a Luddite, swear off all technology and move into the forest to live off leaves and shoots. I´m just saying that, like Stephenson, we all need to put e-mail in its proper place. Unless you are a rare individual, e-mail exerts more control over your life than it should. Over the coming weeks and months we´ll work together to find ways to get that control to a better, and more productive, level.


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Watch: A Gorgeous Take On Sore Losers' Final Dallas Performance
It's been a couple months sinceSore Losers
offered up an epic set at what was then The Lounge on Elm Street, exuberantly performing to a packed room. And if you weren't there--or you somehow didn't hear--the duo raised the bar on their already excellent stage show by performing their farewell to Dallas set with the backing of a full band instead of the traditional hip-hop route of relying on turntable or some other form of digital instrumentation.
In his expected artful form, Blue the Great of Unkommon Kolor directs this video, entitled "Gone For Now," by detailing some of the buildup to that June performance. In the clip, posted above, we see Sore Loser's tandem of Vincent Brown and Brandon Blue reminiscing as they traverse familiar streets for the last time for who knows how long. We also catch a glimpse of the prep work that went into having a band learn all of their tunes.
For all of the fervent fans that the Sore Losers retain in North Texas, this vignette serves as a small meal--something for the loyals to chew on while we all await the fruits borne from their new creative home base.
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Knight Optical (USA) LLC
Cylindrical Lenses The curved face(s) of a Cylindrical lenses are designed to focus the image or light which passes through onto a straight line rather than to a single point. The lenses can be supplied in either diameter or rectangular shape for ease of mounting. Quality BK7 planoconvex cylindrical lenses. Available in 25mm circular and 16x6.4mm rectangular types. Focal lengths available: 10mm, 40mm, 50mm, 60mm, 75mm, 100mm, 125mm and 150mm. Precision quality with focal lengths accurate to +/-2%. Provide... (read more)
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Spherical and Aspherical Optical Lenses Optical Lenses from Gurley are available in standard and custom designs. We provide spherical and aspherical lenses. We also coat all parts in our Troy, NY facility and provide customers with all specrtal traces for your review. Select from our standard line of lenses which include plan-convex, plano-concave, aspherical. Because we stock these lenses, you will benefit from our quick delivery and low prices. Or, send us a drawing and we can fabricate and coat a lens to your specific needs. (read more)
Knight Optical (USA) LLC
Precision Fresnel Lenses Fresnel lenses replace the curved surface of a conventional lens with a series of concentric grooves, moulded into the surface of lightweight plastic sheets. These grooves act as individual refracting surfaces when viewed in cross section. Our large-aperture, lightweight plastic lenses are often used as collimators and collectors in sensor or communication systems. Our precision range Fresnel lenses offer very close tolerances and a better surface finish. These properties make the precision... (read more)
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Optical Lens Design Tools Optical Lens Design Tools. Lens designers often make trade-offs between manufacturing tolerances, time or monetary costs, and system performance. LaCroix Optical has developed tools to help designers efficiently explore options. Material Selection Data Tool helps you choose glass types for your project quickly and efficiently. Quoting Tool features specifications needed for quick turn quotes (read more)
Gradient-Index ( GRIN ) Lenses by Slurry-Based Three-Dimensional Printing .
Geometry-invariant GRIN lens : iso-dispersive contours .
Characteristics Of Single-Mode Fiber Components Using GRIN Rod Lenses
Since misalignments occur at the joint of the two GRIN lenses , it is appropriate to choose the end face of the GRIN - rod lens on the right as Rf.
Polymeric nanolayered gradient refractive index lenses: technology review and introduction of spherical gradient refractive index ball lenses
A nanolayered polymer films approach to designing and fabri- cating gradient refractive index ( GRIN ) lenses with designer refractive index distribution profiles and an independently prescribed lens surface geometry have been demonstrated to produce a new class of optics.
Three-dimensional large-aperture lens antennas with gradient refractive index
Using the same method, we design and realize a huge-aperture GRIN lens in the X band with a diameter of 1000 mm, which is composed of nearly one millions of inhomogeneous unit cells of square-ring resonators and dielectric blocks with …
The compound system is constrained to a maximum thickness of 5mm and utilizes an optically recorded hologram for correct- ing high-order optical aberrations of the GRIN lens array.
Further analysis of focusing performance of an ultra-small gradient-index fiber probe
A gradient-index ( GRIN ) lens probe, which has a broad pros- pect for a variety of miniaturized OCT system since it is easy to be integrated into an endoscopic environment, has been investigated by researchers in recent years.
Analytical method for designing gradient-index fiber probes
Among the miniaturized probes, a gradient-index ( GRIN ) lens is promising since it is easy to be integrated into an endoscopic environment.
Fiber array optical-coupling design issues for photonic beam formers
In section 3, single-mode fiber coupling efficiency with GRIN rod lenses is studied in terms of lateral, angular, and separation misalignment of the fiber-optic GRIN lens assembly.


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Apple Improves iMessage, FaceTime Security Following Hack
Apple has rolled out a two-step verification process for iMessage and FaceTime as it continues to bolster security following the iCloud hack.By Ben Lawson | February 15, 2015
Following an embarrassing hacking attack last year, Apple has introduced new security measures for two of its most popular apps.
Apple is introducing a two-step authentication process for iMessage and FaceTime. Now, if a user tries to log into an account for one those apps on a new device, they will first need to input a PIN sent to a device that is already linked to the account.
This form of security is far from revolutionary, but it adds another level of protection to keep digital intruders out of online services.


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turbo25 Review
Inexpensive, but well-constructed. An extra piece to utilise in the dining room when we have all the leaves in the table. Matches our chairs, doesn't look like an afterthought. light enough to take back to the bedroom when the meal ends without requiring two people.
- How did the color on site compare with the actual product? colour is perfect
- Please tell us about the quality of the product. well-made, actual leather as opposed to bonded.
- How accurate was the on site description of the product? very
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Ws2812 12v
- Bedding Baby & Kids Wall Art Home Decor Curtains Bath Intimates Gift Ideas Car Accessories Outdoor
Related Searches :Ws2812 12v | Ws2812 Led Strip | Ws2812 5m | Ws2812 Strip Waterproof | Dream Color Ws2812 |
ws2812 12v
Every room needs proper lighting. For living rooms, you may need some fancy crystal chandelier, while in bedrooms, one or two bedside lamp or wall light will be suffice, whereas in kitchen or dining room, a simple pendant light is mostly popular. The ws2812 12v set off light in a magical and humble manner and make the room radiantly bright. Here at Beddinginn, you can get all the types of ws2812 12v for any room of your house. Buy ws2812 12v from Beddinginn.com and enjoy our wonderful service to make your room more beautiful and homelike.


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Whitley Hall Hotel
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TravelPod Member ReviewsWhitley Hall Hotel Sheffield
Nice property but someone has to pay attention to the lights.....everything was TOO BRIGHT and garish, a shame really....and that evening in the dining room (fine dining) the chandeliers were not lit, but cheap round neon lights were on....also when asked for water, informed hostess that regular water would be fine (i.e. tap water) she brought us bottled still water and charged us for this. very annoying. Also the bar was not a nice place to gather for a before dinner drink....too cold and no atmosphere, plus guests were eating hamburgers there....while others waited in the same space for their "fine" dining experience.....needs some thought and re-organization.
This review is the subjective opinion of a TravelPod member and not of TravelPod.com.
TripAdvisor Reviews Whitley Hall Hotel Sheffield
Travel Blogs from Sheffield
Leather-bound books and Rich Mahogany
... 105 acre gardens. Naturally, Avery and I felt right at home and exhibited our most bourgeois behavior while touring the place. We also learned it was the setting for the Keira Knightley Pride and Prejudice 2005 film. Here is a video summary slide show and a bunch of pictures from the ...
First 6ish weeks in Sheffield
... Avery and I paid egregious amounts for coffee at cafes just to use the wifi. Next, you will see several photos of streets and buildings around our apartment and along the way to our classes. Getting to campus involves a relatively steep grade uphill 20 minute walk. The area is quite hilly and thus it is something to get used to. Plus when I'm older I can tell people I walked uphill both ways to classes or something.
About three weeks ago, Avery and I took a walk to ...
Epic. Awesome. Legendary.
... in my life.
The beginning is always a logical place to start when reflecting on a trip of this magnitude. Anyone who has ever travelled probably has experienced the same: you look back on your eagerness, the excitement, the unknown thrill of a new environment, with the belief that you were so incredibly na�ve, and that the whole experience has changed you irrevocably. And as much as I want to avoid clich�s here…it's totally true. It has changed my life. As much ...
... at a loss to my identity, I'm the pasty Brit on the left.)
I filled in my details and entered the picture, then
continued to Facebook stalk my ex and his new girlfriend went to bed.
Fast forward three weeks, and I received a phone call from a man claiming to be from the Santander bank. I hastily told him that I didn't need a
nother credit card, before treating him with what I can only describe ...
How it all started
... the expansion of the garden in 2013 and I started surfing the web for a cheap polytunnel. Bingo found a great bargain on Premier Polytunnels clearance section. We now had all plans done and the tunnel delivered so were looking forward to great things in the garden in 2013. We would return in Spring 2013 to the challenge of getting the bed up into the attic, getting the grenier insulated and plasterboarded and the back door and french window put in to the patio at the back.


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Banana Flan
Total Time
1hr 45mins
Prep 45 mins
Cook 1 hr
An exotic tropical twist to flan. Created by Alan Mallett, executive chef at Prairie View University and published in the Houston Chronicle. Time does not include the chilling time.
Ingredients Nutrition
- 2 1⁄2 cups granulated sugar, divided
- 1 quart milk
- 1⁄2 vanilla bean
- 1⁄4 teaspoon banana extract
- 4 whole eggs
- 6 egg yolks
- 1 pinch salt
- Preheat oven to 350.
- Heat 1 cup sugar in a heavy bottomed saucepan over medium heat until the sugar begins to caramelize Increase the heat to high and cook until the syrup turns amber in color.
- Remove from heat and pour into 6 ramekins and allow to cool.
- Heat the milk, vanilla bean and remaining sugar over medium heat and let simmer for 10 minutes, stirring constantly to prevent scorching Remove from heat and allow to cool.
- Once cool, remove vanilla bean and add banana extract.
- In a separate bowl, beat eggs and yolks together and add to the cooled milk; mix well and pour into prepared ramekins Bake one hour in a water bath.
- Refrigerate at least two hours before serving.
- To serve, remove flans from ramekins and garnish with fresh berries and fried plantains (if available).
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The Christmas story I would like to share with you this year deals with another Swiss novelty: Christmas lighting in Switzerland. Coming from Canada, I grew up with the North American tradition of hanging coloured lights outside the house at Christmastime. Quite often the trees are also lit up, and here and there you see a Santa Claus with his sled and reindeer.
Here in Switzerland it is extremely difficult to find coloured lights - Christmas lights are almost exclusively small white lights. In the cities, for example Zurich, the lights hang down in strings over the main downtown street. Cables are strung high across the street, attached to the buildings on both sides. Strings of lights hang down from the cables, with a spacing of about 2m (6 feet) between strings. Every 10 meters or so (30 feet), you find the next cable with its strings of lights. This is done the entire length of the street, a good a half-mile long. When it is lit up at night, it looks like a massive netting of white lights shining over the entire street - an amazing sight!
Out in the country, Christmas lighting used to be restricted to lights in a few trees and maybe along the main street, with few or none on private homes. Some pine trees have lights strung around them, and really impressive are the few deciduous trees that are lit up. Strings of lights run from the trunk out to the end of all the branches, creating massive 3D light-trees.
As I said, there previously wasn't much (or any) lighting on private houses. When we arrived 16 years ago, I had to search to find lights that I could string up around our balcony. I ended up purchasing lights meant for a tree, as there were no other outdoor lights available. This created a lot of talk in our small town, since our balcony faced the main street, and we were the only ones in the entire town (of 1000 people) that had our own Christmas lighting. Now I'm not going to suggest that I alone introduced outdoor Christmas lighting to houses to Switzerland, but each year more and more people have begun stringing white lights around their trees and houses, and hanging nets of white lights on the bushes. It's a wonderful sight that can be enjoyed until January 6, when the lights are taken down again. Coloured lighting still hasn't caught on yet, but I'm working on it!
I hope you have a chance to visit Switzerland at Christmas time and see the lighting in the cities and the country. It's even more beautiful when there's snow on the ground, and the entire landscape is a sea of white.
All of us at PDF Tools AG wish you, your family, and your friends a wonderful holiday season. We look forward to working together with you again in 2008.
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Swiss Traditions at year end - the chronicles
part 11 – Marroni
part 10 – Silvesterchlausen
part 9 – The "Grittibänz"
part 8 – The "Bochselnight"
part 7 – Advent Window
part 6 – The Christmas Circus
part 5 – The Advent Market
part 4 – Christmas Cookies
part 3 – Xmas Lights à la Swiss
part 2 – 3-Kings Bread
part 1 – Santa Claus and the Schmutzli
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United States District Court, S.D. California
January 14, 2015
MARIA E. SILLER, et al., Plaintiffs,v.IRS AGENT STEPHAN ALOYA, et al., Defendants.
GONZALO P. CURIEL, District Judge.
Plaintiffs Maria E. Siller and Clayton Siller ("Plaintiffs") filed this civil action arising from their mortgage agreement. Before the Court are motions to dismiss Plaintiffs' original Complaint by Defendants David Parker, 21st Mortgage Corporation, Ocwen Servicing, LLC, and Litton Loan Servicing LLC ("Defendants"). (Dkt. Nos. 11, 14, 16.) The Parties have fully briefed the motions. (Dkt. Nos. 28, 30, 32, 38-40.)
Also before the Court is Plaintiffs' motion for leave to file an amended complaint (Dkt. No. 26), which Defendants have opposed (Dkt. Nos. 35-37). The Court finds the matter suitable for resolution without oral argument pursuant to Local Civil Rule 7.1(d)(1). For the reasons set out below, the Court GRANTS Plaintiffs' motion for leave to file an amended complaint, and DENIES AS MOOT Defendants' motions to dismiss Plaintiffs' original Complaint.
In early 2006, Plaintiffs entered into a mortgage refinancing agreement with lender Option One Mortgage Corporation through mortgage broker MD Mortgage. (Dkt. No. 26 at 13-14, 19.) Soon afterward, Plaintiffs tried to cancel the agreement because they received only about a $15, 000 payment, rather than the $27, 000 they had allegedly agreed to and were expecting. ( Id. at 14, 19.)
In June 2006, Plaintiffs filed a complaint in California state court against MD Mortgage, Option One, and other defendants arising from the mortgage agreement and alleging breach of the Truth in Lending Act ("TILA"), violations of the Real Estate Settlement and Procedures Act ("RESPA"), breach of contract, fraud/misrepresentation, breach of fiduciary duty/conversion, and quiet title. (Dkt. No. 26 at 3; Dkt. No. 36 at 6.) Plaintiffs, through counsel, filed a first amended complaint in March 2007 (Dkt. No. 36 at 36), and a second amended complaint in December 2007 (Dkt. No. 36 at 7, 87).[1] In October 2008, the state trial court granted summary judgment in favor of Option One. (Dkt. No. 36 at 170, 178.) On appeal, the Court of Appeal affirmed the trial court's ruling on all of Plaintiffs' claims against Option One except one claim concerning California Financial Code section 50505. (Dkt. No. 36 at 175, 205, 209; see also Dkt. No. 26 at 4.) In April 2011, the trial court granted Option One's motion for judgment on the pleadings on the sole remaining claim, and entered judgment. (Dkt. No. 36 at 212-29.)
Over three years later, on August 1, 2014, Plaintiffs, proceeding pro se, filed this action against IRS Agent Stephan Aloya, several attorneys, a paralegal, and various successors-in-interest to their mortgage. (Dkt. No. 1.) The original Complaint contains less than two pages of allegations and does not allege any causes of action, but includes over one hundred pages of exhibits. ( Id. )
In September 2014, some of the defendants - David Parker (Option One's attorney in the underlying state court action), 21st Mortgage Corporation, Ocwen Servicing, LLC, and Litton Loan Servicing LLC ("Defendants") - filed three separate motions to dismiss or strike Plaintiffs' Complaint. (Dkt. Nos. 11, 14, 16.) Plaintiffs opposed, (Dkt. Nos. 28, 30, 32), and Defendants replied (Dkt. Nos. 38-40).
On November 20, 2014, while the motions to dismiss or strike the original Complaint were pending, Plaintiffs filed a motion for leave to file an amended complaint. (Dkt. No. 26.) Plaintiffs' motion includes a copy of a proposed amended complaint. (Dkt. No. 26 at 9-25.) The proposed amended complaint adds a few defendants and alleges seven causes of action: (1) breach of TILA; (2) violations of RESPA; (3) breach of contract; (4) fraud/misrepresentation; (5) breach of fiduciary duty - conversion; (6) quiet title; and (7) negligence.
In December 2014, Defendants filed three oppositions to Plaintiffs' motion for leave to file an amended complaint. (Dkt. Nos. 35-37.) Plaintiffs did not reply.
A. Legal Standard Under Federal Rule of Civil Procedure 15(a)
Under Federal Rule of Civil Procedure 15(a), leave to amend a complaint after a responsive pleading has been filed may be allowed by leave of the court and "shall freely be given when justice so requires.'" Foman v. Davis, 371 U.S. 178, 182 (1962) (quoting Fed.R.Civ.P. 15(a)). Granting leave to amend rests in the sound discretion of the trial court. Int'l Ass'n of Machinists & Aerospace Workers v. Republic Airlines, 761 F.2d 1386, 1390 (9th Cir. 1985). This discretion must be guided by the strong federal policy favoring the disposition of cases on the merits and permitting amendments with "extreme liberality." DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987) (citation and internal quotation marks omitted). This liberality is "applied even more liberally to pro se litigants." Eldridge v. Block, 832 F.2d 1132, 1135 (9th Cir. 1987). "This liberality in granting leave to amend is not dependent on whether the amendment will add causes of action or parties." DCD Programs Ltd., 833 F.2d at 186; but see Union P. R.R. Co. v. Nev. Power Co., 950 F.2d 1429, 1432 (9th Cir. 1991) (In practice, however, courts more freely grant plaintiffs leave to amend pleadings in order to add claims than new parties).
Because Rule15(a) favors a liberal amendment policy, the nonmoving party bears the burden of demonstrating why leave to amend should not be granted. Genentech, Inc. v. Abbott Labs., 127 F.R.D. 529, 530-31 (N.D. Cal. 1989). In assessing the propriety of an amendment, courts consider several factors: (1) undue delay; (2) bad faith or dilatory motive; (3) repeated failure to cure deficiencies by amendments previously permitted; (4) prejudice to the opposing party; and (5) futility of amendment. Foman, 371 U.S. at 182; United States v. Corinthian Colls., 655 F.3d 984, 995 (9th Cir. 2011). These factors are not equally weighted; the possibility of delay alone, for instance, cannot justify denial of leave to amend, DCD Programs, 833 F.2d at 186, but when combined with a showing of prejudice, bad faith, or futility of amendment, leave to amend will likely be denied. Bowles v. Reade, 198 F.3d 752, 758 (9th Cir. 1999). The single most important factor is whether prejudice would result to the non-movant as a consequence of the amendment. William Inglis & Sons Baking Co. v. ITT Cont'l Baking Co., 668 F.2d 1014, 1053 n.68 (9th Cir. 1981).
B. Analysis
Plaintiffs contend that they should be granted leave to amend because new issues have developed in the case, defendants will not be prejudiced, and this is Plaintiffs' first request to amend. (Dkt. No. 26 at 5-7.) Defendants argue that the proposed amendment is futile. (Dkt. Nos. 35-37.) Specifically, Defendants argue that Plaintiffs' causes of action in their proposed amended complaint fail to state a claim because: (1) they are barred by the doctrines of res judicata and collateral estoppel based on Plaintiffs' prior state court action; (2) they are time-barred by the applicable statutes of limitations; (3) they fail to allege any wrongdoing by these specific Defendants; and (4) Defendant Parker is protected by the litigation privilege under California Civil Code § 47(b) for his representation of Option One in Plaintiffs' prior state court proceedings. ( Id. )
"[A] proposed amendment is futile only if no set of facts can be proved under the amendment to the pleadings that would constitute a valid and sufficient claim or defense." Miller v. Rykoff-Sexton, Inc., 845 F.2d 209, 214 (9th Cir. 1988). Courts ordinarily do not consider the validity of a proposed amended pleading in deciding whether to grant leave to amend, and defer consideration of challenges to the merits of a proposed amendment until after leave to amend is granted and the amended pleadings are filed. Netbula, LLC v. Distinct Corp., 212 F.R.D. 534, 539 (N.D. Cal. 2003); accord Green Valley Corp. v. Caldo Oil Co., No. 09cv4028-LHK, 2011 WL 1465883, at *6 (N.D. Cal. April 18, 2011) (noting "the general preference against denying a motion for leave to amend based on futility."). Arguments concerning the sufficiency of the proposed pleadings, even if meritorious, are better left for briefing on a motion to dismiss. U.S. Bank Nat'l Ass'n v. Friedrichs, No. 12cv2373-GPC(KSC), 2013 WL 6686327, at *4 (S.D. Cal. Dec. 17, 2013); Lillis v. Apria Healthcare, No. 12cv52-IEG(KSC), 2012 WL 4760908, at *1 (S.D. Cal. Oct. 5, 2012).
At this stage of the proceedings, the Court need not consider the validity of the proposed amended complaint, and in light of the Ninth Circuit's extremely liberal policy favoring leave to amend, particularly in the pro se context, the Court GRANTS Plaintiffs' motion for leave to file an amended complaint. See U.S. Bank Nat'l Ass'n, 2013 WL 6686327, at *4; Lillis, 2012 WL 4760908, at *1.
For the foregoing reasons, IT IS HEREBY ORDERED:
(1) the Court GRANTS Plaintiffs' motion for leave to file an amended complaint. (Dkt. No. 26.) Plaintiffs shall file their amended complaint by January 30, 2015.
(2) the Court DENIES AS MOOT Defendants' motions to dismiss Plaintiffs' original Complaint. (Dkt. Nos. 11, 14, 16.)
(3) the Court hereby VACATES the hearing date set for this matter on January 23, 2015 at 1:30 p.m.
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I was going to write about my favorite soundtracks in video games, but this My IGN video game tournament has come down to the final four and it's really intense! While I love the matchup of Metroid Prime vs. The Last of Us, I have to choose one game. I'm going with the latter - The Last of Us. Why? Because it's the greatest game I've ever played. Both Metroid Prime and The Last of Us are games I love very much. I remember getting Metroid Prime with my Gamecube when I was a kid. I didn't know Metroid was a beloved franchise and that it featured some extraordinary games. The game is extremely important to me as someone who loves video games, but it does not reach the level of The Last of Us for me. The Last of Us has made me feel so many different emotions and it just exudes quality and perfection.
The world in TLOU (The Last of Us) is dilapidated and broken down. Within the first hour, the player sees the impact the Cordyceps fungus has placed upon the people. Cities have quarantine zones, and it is difficult to keep the order and peace when everything is so cramped together and rebels are attacking the city police. Naughty Dog blends numerous colors like greens and browns together to create visuals that look realistic. The setting is strong. From abandoned towns, to lifeless forests, the world is barren and life is scarce. TLOU's world is a scary, somewhat realistic place that could someday come to fruition. The Cordyceps fungus will turn people into abominations within hours, and it's not pretty. Protective masks are necessary when traveling to areas near the infected or to areas where Cordyceps spores are present. The world isn't pretty.
Story and characters:
The story in TLOU is a mess. While the premise is simple, so many things go wrong for Joel and Ellie. I grew tired of the negativity and hated seeing the two grow frustrated with how poorly their objective was going. At times, I felt like I would never see Joel and Ellie reach a high point; a sense of happiness. The characters compliment each other so well. Joel has flaws, and so does Ellie. Joel is a heartless, broken man. Twenty years before he met Ellie, Joel lost everything, on top of the world losing its identity. But Ellie, despite butting heads with Joel at times and at one point simply being a package for a delivery job, gets through to Joel. She is always curious about the world before it became ruined and seeing their relationship grow because of this and what they experience together is beautiful. We see her grow in different ways, and we see Joel open up in different ways. I consider Joel to be a selfish character because of his actions and what he says, but I don't blame him. The man cares for Ellie so much.
TLOU has players scrounging every nook and cranny for supplies. Ammunition is rare, which makes players really think about how they want to handle each enemy encounter. The human AI isn't the strongest, but they still are difficult. Sneaking around or using bottles and bricks to distract enemies is crucial to each encounter. The infected are not something to take with ease. Runners, when they come in packs, can be quite dangerous, and clickers might be the scariest enemy in video games. One step too loud around a clicker can lead to your demise. Bloaters are a pain to fight and make the player consider fight or flight. Are you skilled enough to take one down? Is fighting one even worth a try? The "Grounded" difficulty is something I have wanted to try, and there is no way I could ever survive a fight against a bloater.
TLOU is the greatest game I've ever played. It made me cry, it made me scared and it made me look at this game as a form of art. The game is a masterpiece that you need to play. Vote for TLOU in the video game tournament. The game is simply perfect. As always, thanks for reading, and have an awesome day!


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Al Tamayoz Al Raqi Resort
Obhor Road, Jeddah 21452, Saudi Arabia
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Al Tamayoz Al Raqi Resort Hotel Details
Check-in: 14:00
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The resort located outside the City Center of Jeddah and located at North Obhor resort area for families only for leisure purpose and gathering.
Obhor Road Jeddah 21452, Saudi Arabia


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|This is a discussion on Is this considered slow-roll? within the online poker forums, in the Learning Poker section; I personally don't think this situation was a slow-roll but here's what my roommate was asking me and happened to be a good question and
Is this considered slow-roll?
I personally don't think this situation was a slow-roll but here's what my roommate was asking me and happened to be a good question and hope cardschat members can define it clearly.
I do not remember exactly what the cards were but I'll come up with a similar example. He was playing in ultimate bet(mostly plays blackjack).
My roommate was in middle position. he has pocket queens. he raised pre-flop. he got about 4 callers(2 callers from middle and late and 2 from blinds) flop was something like Q 9 5 rainbow. Small blind checked, big blind went all-in overbets pot. My roommate has the nuts and it was for half of his chipstack. He was thinking and pondering. He told me he purposely did this because he wanted other players behind him to call and pretend he was weak. But unfortunately, all players behind him left to act folded. all-in player rolls over Jack 2 or some rags. He accuses my roommate of slow-rolling. I personally don't think this was slow-rolling because he was hoping if he can get a caller or someone who can try to squeeze him. My roommate tried to make himself look weak like he's on a draw or for someone with top pair to call. My roommate told me that if slowly calls, he can make himself look weak and probably have someone behind him call with top pair or weak hand. He said instant-calling will get rest to fold even with top pair or weak hand but stalling will likely get someone to call assuming my roommate has weak hand.
I thought slow-rolling was pondering about calling with the nuts when there's no more bets to be made or action to be taken beyond his action. Can this be considered slow-rolling? Taking your time to call all-in bets with the nuts when there's players behind left to act with a chance of getting squeezed can be slow-rolling? Because usually, slow-rolling occurs between heads-up situation or when there's no more action left to be made after you call. But in his case, he slowly called all-in bet hoping to get players behind him to call as well. He apologized because guy got mad but he and I both don't think this was a "slow-roll". I'm asking if this is actually a slow-roll.
re: Poker & Is this considered slow-roll?
No it's not a slowroll with others still to act and 2 cards to come. If the pause gets someone to call.. which could happen ... it would have been a good play. An over pair or any 2 pair might make that call depending on how the play has been going. I think the pause is a good move and not a slow roll
On a side note. Taking time to think might fool some of the newer players or bad players, that's about it.


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I think we can all agree, Sugarbush pumping up snow accumulation is not what they do.... If anything - they under report. Watch the 1 week loop, that
I just watched the 24hr loop. In the "stake hole" the snow piled right up to the 6" mark. But focusing on the accumulation to the side
That is the goal. Yesterday was warm but guns were moved down to Snowball and Spring Fling by evening.
I hope they can blow enough snow to open spring fling/snowball side this weekend. Skiing under the guns this weekend with the temperatures forecasted,
Oh I'll be up more than a few times, just not every weekend and holiday as in the past. Another reason is that my daughter doesnt get off of school for