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Having unwanted fat in different areas of your body can have a significant effect on your health and self-esteem. While traditional weight reduction through exercise and diet is an excellent way to lose weight in general, even the best workouts can't target problem locations like the stomach, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to eliminate excess fat from specific locations of the body, allowing an individual to form and contour their body to their taste. Is liposuction right for you? Learn now.
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Shifty Thing
A downloadable game for Windows and Mac OS X
Shift shapes between Light, Heavy, Flat and Bouncy to make it past the obstacles. Rack up the highest score you can!
Click download now to get access to the following files:
ShiftyThing - Win32 - Post Ludum Dare 11 MB
ShiftyThing - Win64 - Post Ludum Dare 13 MB
ShiftyThing - OSx - Post Ludum Dare 14 MB

subset: commoncrawl


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|Page (1) of 1 - 08/24/04
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Ampede Introduces PDF Plugin for Final Cut Pro HDApple's editor now has continuous rasterization (August 24, 2004)
Ampede introduced Ampede PDF today, a software plugin that brings continuous rasterization of Adobe Illustrator artwork to Final Cut Pro HD, a capability previously only available in dedicated compositors like Adobe After Effects. With Ampede PDF, Final Cut Pro editors can take advantage of continuous rasterization without leaving Final Cut Pro or exporting to other applications.
"Ampede PDF plugs a major hole in Final Cut Pro's compositing abilities," said Eric Ocean, Ampede's founder and president. "When Final Cut Pro was first released 5 years ago, editors like myself were excited because we didn't have to use After Effects for the bulk of our compositing. Then we learned that Final Cut Pro didn't do continuous rasterization and it was a real disappointment."
Ocean was visibly proud of Ampede's first product. "It's no secret that the Illustrator-After Effects workflow is a real time-saver and produces great results. Now, with Ampede's PDF plugin, Final Cut Pro editors can finally get that same workflow."
Ampede PDF renders vector content from Adobe Illustrator and PDF files frame by frame, so the artwork is always sharp regardless of scale, movement, or rotation. Ampede PDF is optimized for both the G4 and G5 processors and offers ColorSync support, Velocity Engine acceleration, multi-threading, sub-pixel rendering, non-square pixel support, field rendering, and a beautiful Cocoa-based GUI available right inside Final Cut Pro.
Ampede PDF can typically replace After Effects for up to 90% of the vector compositing used in a typical video production, saving video editors substantial time and money.
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About Ampede
Ampede Inc. is a Kirkland, WA based software development company. Ampede designs and builds software plugins and complementary tools for Apple's industry-leading professional media applications including Final Cut Pro HD, Motion, and Shake.
Page: 1
Related Keywords:Ampede, PDF Plugin, Final Cut Pro HD, Apple, rasterization, Ampede PDF, Adobe, Illustrator, Eric Ocean, Adobe Illustrator, ColorSync, Velocity Engine, compositing,


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Leaving school at 16 with six 'O' Levels, through hard work and determination Jo Fairley went on to become the UK's youngest-ever magazine editor, setting out on her entrepreneurial journey in 1991 when she co-founded Green & Black's Chocolate, now a $100 million a year brand.
Jo is one of the UK's leading motivational speakers, sharing the inspirational story of Green & Black's and sharing her business insights with audiences from financial institutions to FTSE 100 companies, universities and more across the UK, Europe, the Middle East and USA.
Jo contributes to a wide range of publications from The Mail on Sunday's YOU Magazine to Telegraph Online, and is author over 20 books including Sweet Dreams: The Story of Green & Black's. She works as a brand consultant for a wide range of start-ups and household names.


text:
Apple's meager Q2 2016 earnings report is continuing to wreak havoc on the company's stock price, leading to the longest streak of losses since 1998.
Apple stock hit with biggest drop since 2013
Apple's Q2 2016 earnings have been disasterous for the company's share price, as AAPL stock suffered its worst week in three years.
Wall Street has suddenly soured on Apple, including Carl Icahn, who revealed earlier this week that he dumped all of his shares. With investors offloading shares, the company watched its market capitalization shrink by $65 billion in a mere three days, which is about the equivalent of Cambondia's net wealth.
Liveblog: Apple's toughest earnings call in a decade
Apple earnings calls are usually a time for celebration and gloating, but for the first time in over a decade the company is poised to post declining profits.
Tim Cook warned Wall Street that this would likely happen due to declining iPhone sales. Have we really reached "peak iPhone"?
Analysts and reporters will be grilling Cook and Apple CFO Luca Maestri during today's Q2 2016 earnings call. Investors will be looking for signs that Apple still has room to grow. And Cult of Mac will be right here, liveblogging the entire Apple earnings call — and translating the financial gibberish — when the big event starts at 2 p.m. Pacific.
Get in on the action below:
Here's definitive proof of Apple's legendary reality distortion field
You might remember that on Monday, AAPL stock had a bit of a bad day before rebounding. It wasn't just a bad day for Apple stock, though: Fueled by fears of a total collapse of the Chinese stock market, the whole S&P 500 collapsed that day.
In the first 24 hours, only Apple rebounded. It's proof positive of Apple's fabled "reality distortion field."
Apple stock plummets despite optimistic earnings call
Apple's stock is taking a hit after today's Q3 2015 earnings call. At the time of writing, AAPL is down 6.72 percent in after-hours trading to 121.97. Yikes.


text:
Point of View
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Just finished writing the biography of Roger Dooley; I said to myself "Huh?" after I read the article.
When I write from only the viewpoint of the character, you realize how little they actually know of the big picture. Dooley didn't know that Ivchenko was trying to have him shot; Dooley did not see the fight at the automat; Dooley did not know that Yauch was hypnotized. Wow!
What I do like about writing from one person perspective is that it is focused; I don't need to give a lot of backstory. If you the reader want to know more, read the location article or another person biography. All of this reminds me of how each piece of the puzzle in this wiki fits together. The reader is not reading the same thing over and over; he is getting bits of the puzzle and can put it together himself to draw his own conclusions.
I like that we respect the intelligence of our readers...


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113 Tribute Ave, Hudson, WI 54016
About the Listing
This is a To-Be-Built Home. You still have the opportunity to build this home with your own personal finishes and preferences. It is a great single level rambler.
Share Listing
Property Details for 113 Tribute Ave, Hudson, WI 54016
Bedrooms: 2
Bathrooms: 1 Full | 1 Three-Qtr
Lot Size: 0.26 Acres
Lot Dimensions: irregular
Year Built: 2016
Garage Dimensions: 2 car
Garage: Attached Garage, Driveway - Asphalt
Style: (SF) One Story
Neighborhood: Heritage Greens
Water: City Water/Connected
Sewer: City Sewer/Connected
Square Feet: 1512
Above Ground Sq Ft: 1512
Room Information for 113 Tribute Ave, Hudson, WI 54016
Main Floor
Living Room: 15x19
Dining Room: 12x14
Kitchen: 14x12
Bedroom 1: 13x14
Bedroom 2: 11x13
Laundry: 8x6
No Information Available.
School Information for 113 Tribute Ave, Hudson, WI 54016
School District: Hudson
School District Phone: 715-386-4901
Interior Features for 113 Tribute Ave, Hudson, WI 54016
Air Cond: Central
Heating: Forced Air
Fireplaces: No
Basement: Full
Exterior Features for 113 Tribute Ave, Hudson, WI 54016
Lot Dimensions: irregular
Zoning: Residential-Single
Financial Considerations for 113 Tribute Ave, Hudson, WI 54016
Tax/Property ID: 236204700102
Tax Year: 2016
Monthly Payment = $0
INRIX Drive Time
Calculate Your Drive Time From This Property
Similar Listings For Sale
The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of the Regional Multiple Listing Service of Minnesota, Inc. Real estate listings held by brokerage firms other than the owner of this website are marked with the Broker Reciprocity logo or the Broker Reciprocity thumbnail logo and detailed information about them includes the name of the listing brokers.


text: MountainSHINE Creative, located at 49 N. Liberty Street in Downtown Cumberland, is filled with locally and regionally handmade products from jewelry to pottery to alpaca yarn, locally roasted coffee, awesome robots and much more! We also offer classes and fun events like glitter parties, where you make your own framed glitter art. Come check us out!


text:
Watch Lost Angels: Skid Row Is My Home (2010) Free Online
Lost Angels: Skid Row Is My Home
IMDB Link:
Rating: 7.5/10 (489 votes)
Director: Thomas Q. Napper
Writer: Christine Triano (narration)
Stars: Danny Harris, Kevin Cohen, Linda Harris, Manuel Compito
Runtime: 77 min
Rated: NOT RATED
Year: 2010
Genre: Documentary
Quality: HD
Language: English
Released: 01 Jun 2010
|Plot: Los Angeles' Skid Row is home to one of the largest homeless populations in the United States. And we found, inside that community, the remarkable and enormously moving stories of Olympic athletes, Harvard attorneys, accomplished musicians, scholars. We found poverty, drugs and mental illness, of course - but more importantly we found life, hope and incredibly powerful human journeys.


text:
- Product Details
Like the finest cheese, your Dad is only going to get better with age. And our The Best Dad Engraved Wooden Cheeseboard Set is the perfect way to show him that you appreciate his vintage qualities.
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|Google Chrome extension
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May 22, 2012
SHANARD LESURE, PETITIONER,v.MICHAEL P. ATCHISON,RESPONDENT.
Petitioner Shanard Lesure*fn1
was convicted of the 1997 murder of 16-year-old
Porche*fn2 Smith and the attempted murder of her
companion, Emil Clark. Lesure has filed a Petition for a Writ of
Habeas Corpus.*fn3 For the reasons stated herein, the
Petition is denied, and I decline to issue a Certificate of
The following facts are taken from the Illinois Appellate Court rulings affirming Lesure's conviction and the denial of his petition for post-conviction relief. People v. Lesure, No. 1-99-0909 (Ill. App. Ct. March 17, 2000) (unpublished order pursuant to Illinois Supreme Court Rule 23); People v. Lesure, 944 N.E.2d 780 (Ill. App. Ct. 2011). Relevant facts from the trial court's written ruling denying post-conviction relief also are included. People v. Lesure, 98-CR-4529-01 (Cook Cty. Cir. Ct. July 18, 2008).
After a bench trial, Lesure was convicted of first-degree murder and attempted first-degree murder. He did not contest the sufficiency of the evidence on appeal. The evidence showed that on the evening of July 6, 1997, Lesure, a member of the Gangster Disciples ("GD") street gang, was riding in a van on the city's southwest side with other gang members when members of a rival faction opened fire. Lesure, then 15 years old, spoke with a fellow GD member, Carlton Reed, about taking revenge on the shooters.
Hours later, in the early morning hours of July 7, 1997, Smith and Clark were shot at the intersection of 63rd and Artesian streets in Chicago. At trial, Clark identified Lesure as one of the men who came out of an alley adjacent to Artesian Street and opened fire. Clark was shot in the abdomen and a second time in the leg after he fell to the ground. Smith suffered two gunshot wounds to the head and died at the scene. Smith and Clark were not involved in the earlier shooting.
After the shooting, Lesure hid out in the apartment of Odell Harris, a fellow gang member, for about five days in an effort to evade the police. Harris testified at trial that Lesure told him he had shot a man and a woman who walked past the gangway at 63rd and Artesian streets. Lesure was arrested about six months later, and Clark identified him in a line-up as one of the shooters.
Lesure was convicted of murder and attempted murder. He was sentenced to 50 years in prison for murder, but was incorrectly sentenced to a consecutive term of 25 years in prison on a charge of aggravated battery with a firearm, even though he had not been convicted of that offense. On direct appeal, the Illinois Appellate Court vacated the 25-year sentence and remanded for sentencing on the proper offense, attempted murder. The trial court subsequently imposed a consecutive 25-year sentence for attempted murder.
Lesure then filed a post-conviction petition, in which he argued that he was actually innocent based on an affidavit from Clark in which he recanted his identification of Lesure as one of the shooters. At an evidentiary hearing, Clark testified that Lesure did not shoot him, and that he falsely identified Lesure as the shooter because police pressured him to do so and told him they had other evidence linking Lesure to the crime. Clark also testified that Lesure's mother helped him draft his affidavit recanting his prior testimony. The two police detectives who brought Clark to view the line-up, Jean Romic and Thomas Benoit, testified that they did not pressure Clark or encourage him to identify Lesure as the shooter. LaDonna Smith, Porche Smith's sister, testified that during the trial, she and her relatives were harassed by an unidentified group of young men in the parking lot of the courthouse. LaDonna Smith also testified that Lesure's sister made threatening statements toward the Smith family in the courtroom gallery. After the trial, the family moved from their home because someone had attempted to break in, and they no longer felt safe in their home.
On July 9, 2008, the trial court dismissed the petition, with a written order issued on July 18, 2008. The trial court found:
(1) Clark's recantation was not credible; and (2) that even if it had been credible, the other evidence at trial was sufficient to prove Lesure guilty beyond a reasonable doubt. Lesure appealed the dismissal of the petition, but did not raise the issue of Clark's recantation. Rather, Lesure argued that he was unlawfully sentenced as an adult on the attempted murder charge. The appeals court rejected this argument and affirmed the dismissal of his post-conviction petition.
While that appeal was pending, Lesure unsuccessfully tried to file a pro se supplemental brief, even though he was represented by counsel. In that brief, Lesure argued that his due process rights were violated: (1) when the trial court applied the wrong materiality standard when denying his claim that the state had used perjured testimony by Clark; (2) by the trial court's consideration of matters not in evidence, particularly the trial court's consideration of LaDonna Smith's testimony as to the threats against her family; and (3) by the state's improper arguments during the post-conviction hearing, which implied that Clark had been threatened or intimidated by the Lesure family.
Lesure then filed a petition for leave to appeal that ruling to the Illinois Supreme Court that raised the same arguments as those in his pro se supplemental brief. The Illinois Supreme Court denied the petition.
Subsequently, on Aug. 25, 2011, Lesure filed the instant petition for habeas relief. I note that it is sparse on facts, but raises the same claims as found in his pro se supplemental brief, although phrased somewhat differently.*fn4 In particular, Lesure contends his due process rights were violated for three reasons:
(1) the state knowingly used perjured evidence and the trial court erred when it found that Clark's recantation would not have changed the outcome of his trial; (2)the trial court considered matters not in evidence to support the state's assertion that Clark had been intimidated into recanting; and (3) prosecutors improperly argued that Lesure instigated threats and intimidation toward the witness (presumably Clark) when there was no evidence that he had done so.
Habeas relief under 28 U.S.C. § 2254 is limited by a variety of procedural requirements. State prisoners cannot present a claim in federal court until they exhaust their state court remedies by fairly presenting their federal claims to the state courts. Malone v. Walls, 538 F.3d 744, 753 (7th Cir. 2008). This requires the petitioner to present "'both the operative facts and the controlling legal principles'" to the state court. Id. (quoting Williams v. Washington, 59 F.3d 673, 677 (7th Cir. 1995)). Fair presentment also requires that the petitioner assert his federal claim through one complete round of state court review, either on direct appeal or during post-conviction proceedings. Malone, 538 F.3d at 753. A claim is procedurally defaulted if a habeas petitioner exhausts his state court remedies without properly asserting his federal claim at each level of state court review. Id.
A claim also is procedurally defaulted if a state court declines to address a prisoner's federal claims because the prisoner failed to meet the state court's procedural requirements. Coleman v. Thompson, 501 U.S. 722, 729--30 (1991). This is an independent and adequate state law ground barring habeas relief. Id. To conclude that an independent and adequate basis exists, however, the state court must clearly and expressly state that its judgment rests on a state procedural bar. Gray v. Hardy, 598 F.3d 324, 329 (7th Cir. 2010).
A petitioner may present a procedurally defaulted claim if he shows: (a) adequate cause for the default and prejudice from losing review on the merits, or (b) that a fundamental miscarriage of justice will result from the lack of review. Smith v. McKee, 598 F.3d at 382 (7th Cir. 2010). Cause requires an objective factor (external to the defense) that prevented a petitioner from presenting the claim earlier; prejudice means that error "so infected the entire trial that the resulting conviction violates due process." Id. (internal citations omitted).
If the state court adjudicated a claim on the merits, habeas relief is only available if that decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" or if the decision was based upon "an unreasonable determination of the facts in light of the evidence presented [to that court]." 28 U.S.C. § 2254(d)(1),(2). If the claim was not adjudicated on the merits, I am to review it under 28 U.S.C. § 2243, which calls for the matter to be disposed of "as law and justice require." This effectively requires de novo review, although with deference to the state court. Morales v. Johnson, 659 F.3d 588, 599 (7th Cir. 2011).
As a preliminary matter, Respondent contends that all three of Lesure's claims are insufficient to meet the requirements of Rule 2(c)(2) of the Rules Governing Section 2254 Cases in the United States District Court. This rule requires that the petitioner describe the facts supporting each ground for relief. I agree that Lesure's claims are thinly pleaded, but given that I am required to liberally construe the petition, see Perruquet v. Briley, 390 F.3d 505, 512 (7th Cir. 2004), I decline to dismiss it on that basis. Because Lesure's claims are in essence those he raised in his pro se supplemental brief, Respondent was able to understand the claims and respond to them fully. Nonetheless, the claims fail on other grounds.
A. Claim One
Lesure's first claim is essentially that the state knowingly used false testimony from Clark at his trial, and that the judge on post-conviction review erred in finding that Lesure would have been convicted regardless of Clark's testimony. Lesure places this claim under the rubric of Brady v. Maryland, 373 U.S. 83 (1963), which deals with the state's duty to disclose exculpatory evidence. As Respondent argues, Lesure's claim that the prosecution knowingly used false testimony more accurately fails under the constitutional rule set out in Napue v. Illinois, 360 U.S. 264 (1959). See United States v. Freeman, 650 F.3d 673, 678 (7th Cir. 2011) (to establish a Napue claim the defendant must show that there was false testimony, the government knew or should have known it was false, and that the false testimony likely affected the verdict).
Regardless, Respondent is correct that Lesure did not raise this claim before the post-conviction trial court. As noted above, to preserve a claim for habeas review, it must be raised at each level of state court review, including at the trial court. Smith v. Gaetz, 565 F.3d 346, 352 (7th Cir. 2009). In amended post-conviction petitions filed by counsel, Lesure argued Clark's recantation showed he was actually innocent, but the petitions did not mention Brady or Napue or in any way indicate that he was bringing a claim that prosecutors had knowingly presented false evidence. Rather, Lesure's claim was styled as one of actual innocence, which is a free-standing ground for post-conviction relief in Illinois. See People v. Washington, 665 N.E.2d 1330, 1336--37 (Ill. 1996). Fair presentment requires that the state court have a "meaningful opportunity" to rule on the substance of federal claims, and it is not accomplished where the controlling law is not put before the state court. Anderson v. Benik, 471 F.3d 811, 814 (7th Cir. 2006). Because the state trial court was not on notice of a Napue or Brady claim, it was not fairly presented, and is procedurally defaulted.
Lesure fails to demonstrate either cause-and-prejudice for this default or that a fundamental miscarriage of justice will occur if I refuse to consider this claim. To the extent that Lesure is arguing that Clark's recantation shows that he is actually innocent, so as to satisfy the fundamental miscarriage of justice exception, I note that this exception is exceedingly difficult to satisfy because Lesure must show that it is more likely that not that but for the alleged constitutional error, no reasonable fact finder would have found him guilty of the shooting. See Hayes v. Battaglia, 403 F.3d 935, 938 (7th Cir. 2005).
Lesure has not carried that heavy burden. The state trial court heard Clark's testimony and found his recantation was not credible, a determination that I cannot reevaluate. Marshall v. Lonberger, 459 U.S. 422, 434 (1983). Additionally, the state trial court pointed to evidence in the record that supported Lesure's conviction even without taking into account Clark's testimony. For example, witness Carlton Reed testified at trial that Lesure told him he planned to retaliate for the earlier, gang-related shooting. Reed testified that Lesure displayed two guns to Reed, and that Reed later heard shots and saw Lesure running from the crime scene. Additionally, there was evidence that Lesure described the shooting to Harris, who helped him hide from police. A rational juror might well have convicted Lesure based on this other evidence. For these reasons, Claim One is procedurally defaulted and denied.
B. Claim Two
Lesure's next claim is that the trial court considered matters not in evidence regarding intimidation and retaliation when it denied him relief. Although Lesure's petition is vague, his contention is not really that the trial court considered matters not in evidence, but that it should not have considered LaDonna Smith's testimony as to the threats and intimidation her family received during Lesure's trial. The trial court, he contends, should not have admitted this evidence as a rebuttal to Clark's testimony that he was not threatened or harassed into changing his story. Lesure contends that LaDonna Smith's testimony was not circumstantial evidence of threats toward Clark, and "[i]n fact, it is evidence of nothing, in and of itself." Petr.'s Reply, 13.
Respondent contends, first, that Lesure procedurally defaulted this claim because it was not included in the brief filed by his appellate counsel on post-conviction review. Lesure moved to file a pro se supplemental brief including this claim, but the appeals court denied that motion without comment. Although the appeals court did not explain its rationale, prosecutors had filed a brief objecting to Lesure's request to file the supplemental brief given that he was already represented by counsel. Under Illinois law, a defendant does not have the right to both represent himself and be assisted by counsel. People v. Williams, 454 N.E.2d 220, 226--27 (Ill. 1983). This rule against hybrid representation is discretionary, however, and Illinois courts often have considered pro se supplemental briefs in both capital and non-capital cases. See U.S. ex rel. Parker v. Chandler, 09 C 4231, 2011 WL 221834, at *8 (N.D. Ill. Jan. 24, 2011)(collecting cases).
The Seventh Circuit, in an unpublished (and therefore nonprecedential) ruling, has held that a petitioner may avoid procedural default by filing a motion for leave to file a supplemental brief raising the claim. Kizer v. Uchtman, 165 F. App'x 465, 467--68 (7th Cir. 2006). Kizer, however, did address the question of whether the state court's rejection of the supplemental brief might be an independent and adequate state law ground for finding procedural default. Id. at 467 n. 1. A procedural rule barring hybrid representation and the filing of more than one brief could constitute an adequate and independent state law ground. See Dolis v. Gilson, 07 C 1816, 2009 WL 5166228, at *8 ((N.D. Ill. Dec. 23, 2009). This is true even though the state courts may decline to apply the rule in certain cases depending on the circumstances. See Walker v. Martin, --- U.S. ---, 131 S. Ct. 1120, 1130 (2011) ("A discretionary rule ought not to be disregarded automatically upon a showing of seeming inconsistencies. Discretion enables a court to home in on case-specific considerations and to avoid the harsh results that sometimes attend consistent application of an unyielding rule."). Nonetheless, I am reluctant to find procedural default in this case given that the Illinois Appellate Court did not explain its reasons for denying Lesure leave to file his pro se supplemental brief. See Duncan v. Hathaway, 740 F. Supp. 2d 940, 947 (N.D. Ill. 2010) (refusing to find procedural default "[w]ithout a clear and express reason" for the state court's refusal to consider a petitioner's supplemental brief).
Regardless, Lesure's claim fails on the merits. The "matters not in evidence" to which he refers were of record. The state trial judge found LaDonna Smith's testimony was relevant to the issue of whether Clark had been pressured to recant, noting at one point that if associates of Lesure had displayed their unhappiness over the charges to a non-witness like LaDonna, one could reasonably expect they would do the same to an eyewitness like Clark. State court evidentiary rulings are a matter of state law that typically are not cognizable on habeas review. Estelle v. McGuire, 502 U.S. 62, 75 (1991). In order for me to consider such a ruling as a basis for relief, it must render the proceedings fundamentally unfair. Id.
The admission of LaDonna Smith's testimony was not unfair where the trial court considered it as circumstantial evidence that Clark might have been pressured to recant, despite his denials. See Mendiola v. Schomig, 224 F.3d 589, 593 (7th Cir. 2000) (noting that recantations are inherently suspect, and that is not unusual for witnesses to recant out of fear of gang retaliation). Further, even if I were to accept Lesure's argument that LaDonna Smith's testimony was improperly admitted, it is clear that this testimony was at best tangential to the trial court's ruling denying post-conviction relief. In its written ruling denying relief, the trial court cited People v. Brooks, 718 N.E.2d 88, 111--12 (Ill. 1999) for the proposition that "gang retaliation and intimidation are common themes in recantation." But the trial court also noted the other evidence supporting Lesure's conviction, and ultimately found that Clark was not a credible witness. In short, because LaDonna Smith's testimony was properly admitted and because it had little effect on the outcome of the proceeding, Lesure's second claim fails.
C. Claim Three
Lesure's third claim is that prosecutors improperly argued that he had instigated intimidation and threats toward Clark, without evidence to support his claim. Respondent argues this claim, like Lesure's claim that the trial court wrongly considered LaDonna Smith's testimony, is procedurally defaulted because Lesure raised it in the Illinois Appellate Court only in his unfiled pro se supplemental brief. For the reasons discussed in regard to that claim, I decline to find procedural default. However, this claim also is meritless for the reasons discussed in regard to Claim Two.
D. Certificate of Appealability
Upon issuing an order denying habeas relief, I must determine whether to issue a certificate of appealability for any of the claims. See Rule 11(a), Rules Governing Section 2254 Cases in the United States District Courts. This requires that the applicant make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). If the claim is denied on the merits, the applicant must show that reasonable jurists would find the district court's assessment of the constitutional claims to be debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000). If the claim is denied on procedural grounds, the applicant must show that reasonable jurists would find it debatable whether the claim states the denial of a constitutional right, and that they would find the procedural ruling debatable as well. Id. Because I find that the relevant case law clearly compels the result reached here, I decline to issue a certificate of appealability on any of Lesure's grounds for relief.
For the reasons stated, Lesure's Petition for a Writ of Habeas Corpus is denied, and I decline to issue a Certificate of Appealability.
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This post is part four of a four part series on the kinds of documentation a lender will request of you when you seek a business loan.
If you have read all four sections of this series and have assembled your documentation ready to submit to the lender, you should go one step further and "assume" that the loan will be approved. Providing the corporate documents isn't necessarily required at the loan request stage, but having them all together and part of the loan package makes the entire process easier for the lender to handle. It gives them the confidence that will be easy to deal with in the loan request process. Loan officers love easy loans to do and when a loan package is dropped in their lap complete, it reduces their work and makes it easier to take care of you, the borrower.
These last items I will discuss are various corporate documents including:
Company articles of incorporation.
Corporate Bylaws
Corporate minutes
State issued corporate charter.
State issued certificate of good standing
Assumed name certificates.
Articles of Incorporation: this is pretty self explanatory but make sure and clean up any changes to the company ownership or registered agent at the state Secretary of State's office if there have been changes in officers, registered agents, or owners.
Corporate Bylaws: Many businesses incorporate or set up an LLC and somehow forget to put together their bylaws. An alternative to bylaws is an organizational agreement which essentially covers the same type of corporate governance issues that bylaws do. While it is less critical to have an organizational agreement for a corporation or sole owner of an LLC, you should still have one. It is absolutely necessary when there are more than one shareholder as this agreement outlines how the business will be operated and will vest authority in the corporate officers to bind the company to contracts, loans and such.
Corporate Minutes: Many states require that a corporation have at least an annual board of directors meeting. The corporation's secretary keeps notes that are signed off by the president and often other directors who are present at the meetings. As with the organizational agreement, keeping minutes is less critical when the corporation or LLC is owned by a sole shareholder. If there are two or more shareholders there should be at least an annual meeting to present items requiring board of director's approval. Lenders like to see businesses take care of these little details as they believe a business that does so is a careful, thoughtfully managed business.
Corporate Charter and Certificate of Good Standing: This is a single page document that grants the corporation or LLC the authority to do business in the state. A lender wants to insure that your legal entity has corporate standing. A Certificate of Good Standing is a document that shows your company is current on all its state mandated reporting and that all franchise taxes have been paid. Typically, one can go to the state Secretary of State's website and print a Certificate of Good Standing. Lenders cannot loan money to a company that is not in good standing.
Assumed Name Certificate: Often a corporation will do business under a name other than the corporation name. This requires the corporation to file an assumed name certificate for each name it uses to conduct business with the local county as well as the Secretary of State's office. These certificates are inexpensive and easy to file, but the value they provide the borrower and the lender is that they insure that no other business or entity can do business under the same name.
Sam Thacker is a partner in Austin Texas based Business Finance Solutions.
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By ANDREA BARNET
Published: June 21, 1987
True Tales of Power, Wealth, and Excess. By Ron Rosenbaum. (Beech Tree/ Morrow, $15.95.) When Ron Rosenbaum began this probing series of interviews with Manhattan's rich and powerful, he imagined he'd be writing about velvety sauces at Le Cirque. ''I'll review the restaurants where the power people eat their power lunches,'' he told the editor of Manhattan,inc., where these 16 pieces first appeared. ''But I'll write about the lunch, not the power.'' For anyone familiar with the wit and analytical acuity that have distinguished Mr. Rosenbaum's journalism, it is not surprising that what evolved was something quite different. Granted, Mr. Rosenbaum does describe the places where he lunches - with characteristic irreverence. Gino's, the haunt of Sotheby's brass, is notable for its ''undesigned, bad-taste authenticity,'' the Russian Tea Room for its ''shashlik-noshing'' Hollywood types and the Four Seasons for its ''condo-ed power table.'' But his most impressive skill throughout these conversational portraits is his ability quietly to uncover the obsessions of those with whom he speaks. The millionaire Malcolm Forbes reveals his motives for inviting C.E.O.'s to sail with him on his yacht, as well as his desire to acquire more Faberge eggs than the Kremlin. The real estate tycoon Donald Trump describes his secret dream to negotiate a nuclear arms treaty with the Russians. Governor Cuomo admits his spiritual debt to Teilhard de Chardin. The result is a book memorable not only for its wickedly revealing glimses of Manhattan's glitterati, but for the more sobering perspective it provides on the values of the age.
Photo of Ron Rosenbaum (Marion Ettlinger)


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Qiqihaer is a major city in the Heilongjiang province, People's Republic of China. The municipal area has 1,514,188 inhabitants, while the total population of the prefecture-level city is 5,367,003 at the 2010 census. These are mainly Han Chinese, though the city is also home to thirty-four minorities including Manchu, Daur, and Mongolians. Close to Qiqihar are numerous wetlands and the Zhalong Nature Reserve, famous in China for being home to numerous red-crowned cranes.
Contributions by Lzy881114, Cashie, and Guardian of the Rings.


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Best of Bali
Top 10 Jimbaran
The Best of Jimbaran in Bali
Jimbaran offers a fine combination of luxury and rustic tropical beach scenes, all based around the legendary fishing village on Bali's south-western coastline – home to among the finest resorts, restaurants and shopping on the island. Several of its aspects, especially dining on its scenic bay with a tropical sunset backdrop, outshine its neighbouring beach resort areas of Kuta and Legian several kilometres up north.
Conversely, Jimbaran Beach might not be the top destination for shopping and nightlife, however there some places within this coastal area that offers great places to buy a treasured gift or souvenir to bring back home, as well as cosy spots with or without the sunsets, to spend the evenings with a cocktail in hand. Here are our Top 10 guides to the best of everything Jimbaran has to offer, to help you make the most out of your holiday in and around this favourite bay.Read More
- Highlights Of Bali Full-Day Tour
- Royal Mengwi Temple, Monkey Forest & Tanah Lot Excursion
- Private Sunset at Tanah Lot Temple with Dinner
- Kintamani Volcano, Ubud & Barong Dance Performance
- Whitewater Rafting on the Ayung River
- Bali Hai Sunset Dinner Cruise
- Private East Coast Tour
- Bali Hai Dolphin Cruise
- Lembongan Island Leisure Day Trip
- Quad or Buggy Driving Adventure & Tubing Excursion


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To view our complete product offer in your area, we suggest you select this RONA.
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Heavy-Duty Oscillating SprinklerWater lawns and newly seeded areas with the Gilmour Heavy-Duty Oscillating Sprinkler. It has easy-to-use rotation dials and seventeen spray jets for even, gentle watering . This oscillating sprinkler is constructed of heavy-duty metal for superior durability.


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- Categories: Academics
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Students, Chelsea Hansen '13 and Danait Teklay '13 share their experience working with Professor Andy Overman attempting to excavate Mount Vernon where approximately two to three hundred of George Washington's slaves are buried. Through the excavation they would like to give recognition to the deceased slaves.
Hansen is doing research this summer with descendants of people who were enslaved at Mount Vernon. She received the Spradley Summer Research Fellowship from the Anthropology Department for this work.
June 21 2011Back to top
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Having undesirable fat in numerous locations of your body can have a significant effect on your health and self-confidence. While traditional weight-loss through exercise and diet is a terrific method to lose weight in general, even the best workouts can't target issue areas like the belly, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is utilized to remove excess fat from particular locations of the body, permitting an individual to shape and contour their body to their taste. Is liposuction right for you? Find out now.
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There are numerous benefits to this cosmetic procedure, consisting of:
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• Proven and safe. This cosmetic treatment has been carried out by experienced cosmetic surgeons all over the world for many years and the strategy has been fine-tuned over and again to be safe and reliable.
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Cons of Liposuction
Prior to having actually liposuction done, it's important to examine the prospective disadvantages of the treatment and figure out if the benefits surpass the risks in your particular case. Your surgeon can assist you find out more about the dangers associated with the procedure and can assist you decide if moving forward is the best thing for you.
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There are dangers associated with liposuction, for numerous people, the advantages far surpass them. Educate yourself about the treatment by having thorough conversations with your surgeon and think about how liposuction has the potential to affect you as a special individual. Just you and your specialist can determine if liposuction will provide you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in San Carlos Arizona
Laser liposuction is a more recent, minimally intrusive procedure that includes heating the fat cells to melting point and removing the melted fat through a little cannula. The procedure is typically done right in your physician's office and is an outstanding choice for individuals who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary procedure to weight loss in order to shape the body you have actually always desired.
Contact a Specialist in your San Carlos Arizona today.
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Ongaku - The World of Anime Music
The World of Anime Music: The very best of Anime Music, Anime Composers, Anime OPs and EDs and Anime OSTs.
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I haven't posted for such a long time, I'm so sorry. I've had so many other occupations lately, that I didn't have the time nor the will to write anything on my blog... But today, I felt it should be time to write a post to celebrate the arrival of the Xam'd: Lost Memories OST 1 & 2 (Bounen no Xamdou). Since I finished watching the series back in February, I have been desperately waiting for the a...
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In other related Yuki Kajiura news (it's been a long time I've posted anything about her highness!), kalafina has a new Single coming out soon! It's called Storia and it's their first single that won't be featured in an anime, but this time in an NHK TV series entitled Rekishi Hiwa Historia. Yuki Kajiura will also be composing the soundtrack of the series... It looks like the girls of kalafina are...
Xam'd: Lost Memories OP2 song - Back on my Feet by Boom Boom Satellites
Since Xam'd is finally getting a TV broadcast version, there'll be a new OP theme song, but fear not, it is also by Boom Boom Satellites. Their previous OP for Xam'd entitled "Shut up and explode", was one of my favorite OP songs from the past season (Check out my review here). The new song is called "Back on my Feet" and the single is coming out the first of July.Download the TV version of "Back ...


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Discussion in 'Customization Requests' started by resendiz93, Jan 2, 2008.
Can someone post a link where i can download wifi bars for customize
go to ur Installer/Themes(Customize) select there. Please Register or Log in to view images
Please Register or Log in to view images
what do i download
Without any sens....^^....i want a atand alone Wifi Bar....
hey how do you add your own sliders pictures to your ipod thought sftp which directory do i put them in and do i need to name them in a different could some one please pm how to add them please it would help a lot
if you have the customize app, your going to need to go to /private/var/root/Library/Customize/MainSliderImages
thats for the main slider image, and then just go up a directory to see the folders for the other sliders as well. when you get into one of these folders, you can open up and paste the image in one of the current folders (then it will be grouped with whatever else is in that current folder when you go to it under customize) or create your own folder for it (so that it is grouped by itself under customize.)
add my repo (in my sig) to your sources. Go to the woodsy catagory, i should have black wifi bars in there.
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Tonight: Art & Wine Promenade in Northwood Village
Elizabeth Haslam
If you haven't yet been to Northwood Village, the funky historic walking district in West Palm Beach, tonight is a good evening to check it out.
From 6 to 10 p.m., there's an Art & Wine Promenade in the 400 and 500 blocks. That means complimentary winetastings in some of the shops, trunk shows, and live bands.
The event takes place each month.
Area highlights include a woodworking gallery, a cupcake shop, independent eateries, flower shops, coffee shops, B&Bs, and the Center for Creative Education.
Visit NorthWoodVillage.org.
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Our weekly guide to South Florida dining includes food news and reviews, as well as dining events and interviews with chefs and restaurant owners.
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February 25, 2010
UNITED STATES OF AMERICA, EX. REL. ROBERT KEITH BENDER, PLAINTIFF,v.NORTH AMERICAN TELECOMMUNI-CATIONS, INC., ET AL. DEFENDANTS.
Plaintiff-Relator Robert Bender brings this qui tam suit under the False Claims Act ("FCA"), 31 U.S.C. §§ 3729 et seq., on behalf of the United States against seven Defendants. This matter is before the Court on Defendants' Motions to Dismiss the Complaint pursuant to Fed. R. Civ. P. 12(b)(6) [Dkt. Nos. 31-32], and Plaintiff's Request for Leave to Amend the Complaint.
Upon consideration of the Motions, Oppositions, Replies, and the entire record herein, and for the reasons set forth below, the Motion to Dismiss of Defendant North American Telecommunications, Inc. ("NATI") is granted and the Motion to Dismiss of Defendant PAE Government Services, Inc. is granted. Plaintiff's Request for Leave to Amend the Complaint is granted.
I. BACKGROUND*fn1
Plaintiff is an electrician who was formerly employed by NATI.
From October 1, 1997, to March 31, 2003, NATI had an Operations and Maintenance contract with the United States Department of Agriculture ("USDA") to maintain four USDA buildings in Washington, D.C. As such, it was responsible for day-to-day maintenance of the buildings. Defendant Capitol Technology Services, Inc. ("CTSI") took over the contract on April 1, 2003. Defendant PAE Government Services, Inc. ("PAE") is a subcontractor of CTSI and performed electrical work on the buildings. Plaintiff was never employed by either CTSI or PAE. The other four defendants are officers or employees of NATI and CTSI: Chang D. Hwang, President of NATI; John G. Carothers, former Operations Coordinator for NATI and CTSI; Heys S. Hwang, President of CTSI; and James W. Ruest, project Manager at CTSI.
The Complaint alleges five violations of the FCA. Count I alleges that NATI and CTSI falsified response times to service calls in order to claim monthly bonuses. Count II alleges that NATI and CTSI misrepresented non-reimbursable repairs as reimbursable requests. Count III alleges that NATI, CTSI, and PAE charged the USDA for work performed by employees who did not possess the qualifications required by the governing contract. Count IV alleges that NATI and CTSI billed the USDA for overtime work that their contracts excluded from overtime status. Count V alleges that NATI and CTSI misrepresented the amount of work they performed.
On August 14, 2006, Plaintiff filed his Complaint [Dkt. No. 1]. The United States filed a Notice not to intervene on September 27, 2007 [Dkt. No. 22].*fn2 All of the Defendants except PAE filed a joint Motion to Dismiss ("NATI Mot.") pursuant to Rule 12(b)(6) on May 14, 2008 [Dkt. No. 31]. PAE filed a separate Motion to Dismiss ("PAE Mot.") on the same date [Dkt. No. 32]. Plaintiff filed his Opposition ("Pl.'s Opp'n") to both Motions on June 12, 2008 [Dkt. Nos. 34-35]. Defendants filed their Replies ("NATI Reply" or "PAE Reply") on June 26, 2008 [Dkt. Nos. 36-37].
To survive a motion to dismiss under Rule 12(b)(6), a plaintiff need only plead "enough facts to state a claim to relief that is plausible on its face" and to "nudge[ ] [his or her] claims across the line from conceivable to plausible." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Id. at 563. A complaint will not suffice, however, if it "tenders 'naked assertions' devoid of 'further factual enhancement.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1948 (2009) (citing Twombly, 550 U.S. at 557).*fn3
Under the Twombly standard, a "court deciding a motion to dismiss must not make any judgment about the probability of the plaintiffs' success... must assume all the allegations in the complaint are true (even if doubtful in fact)... [and] must give the plaintiff the benefit of all reasonable inferences derived from the facts alleged." Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc., 525 F.3d 8, 17 (D.C. Cir. 2008) (internal quotation marks and citations omitted).
To prove a violation of the FCA, a plaintiff must show either that the defendant "knowingly presents, or causes to be presented [to the Government] a false or fraudulent claim for payment or approval," 31 U.S.C. § 3729(a)(1), or "knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved." 31 U.S.C. 3729(a)(2).*fn4 A "claim" includes "any request or demand... for money or property" made to a recipient if the Government provides or reimburses the recipient any portion of the money requested. 31 U.S.C. § 3729(c). The knowledge requirement is satisfied if a person "has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information, or acts in reckless disregard of the truth or falsity of the information." 31 U.S.C. § 3729(b). Finally, the Complaint must allege materiality. See United States ex rel. Ervin and Assocs., Inc. v. Hamilton Sec. Group, 370 F. Supp. 2d 18, 36 (D.D.C. 2005) ("The great weight of case law holds that the materiality of a false record or statement is an element of False Claims Act liability.").
"[B]ecause the False Claims Act is self-evidently an anti-fraud statute, complaints brought under it must comply with Rule 9(b) [of the Federal Rules of Civil Procedure]" in order to state a claim. United States ex rel. Totten v. Bombardier Corp., 286 F.3d 542, 551-52 (D.C. Cir. 2002). Rule 9(b) requires that "[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). Thus, to satisfy Rule 9(b), a FCA relator must state the time, place, and contents of the false representations, the facts misrepresented, and what was obtained or given up as a consequence of the fraud. United States ex rel. Joseph v. Cannon, 642 F.2d 1373, 1385 (D.C. Cir. 1981).
III. ANALYSIS*fn5
A. PAE's Motion to Dismiss Is Granted Because Plaintiff Failed to State Claims with Sufficient Particularity and Did Not Allege a Knowing Violation of the FCA
The Complaint alleges that "each of the above-named Defendants" is liable for all five Counts. Compl. at ¶¶ 145, 152, 159, 164, 170. However, it specifically mentions PAE in only two paragraphs, both of which relate to Count III. Compl. at ¶¶ 92, 157. For that reason, PAE argues that the remaining Counts should be dismissed, as they do not meet the requirements of Rule 9(b).
While the Complaint does make allegations against NATI and CTSI in Counts I, II, IV, and V, it is silent regarding PAE's liability for those Counts. Consequently, Plaintiff has not met Rule 9(b)'s particularity requirement. See United States ex rel. Grynberg v. Alaska Pipeline Co., Civ. No. 95-725, 1997 WL 33763820, at *4 (D.D.C. Mar. 27, 1997) (dismissing FCA claim where complaint alleged "each Defendant engaged in at least one of the [alleged] practices" but not specifying which allegations were tied to individual defendants). A complaint must make specific allegations against each individual defendant rather than collective allegations against "each of the above-named Defendants," since one of the main rationales behind Rule 9(b)'s particularity requirement is to "guarantee all defendants sufficient information to allow for preparation of a response." Cannon, 642 F.2d at 1385. Therefore, Counts I, II, IV, and V must be dismissed against PAE as Plaintiff has not pled his allegations with sufficient particularity to state a claim.
Count III alleges that PAE employed unlicensed electricians, thereby causing CTSI to falsely certify to the USDA that it was in compliance with its contractual obligation to use only licensed electricians. Compl. at ¶¶ 92, 156-59. While Plaintiff does make a specific allegation, this Count still does not meet the requirements of Rule 9(b).
There are a number of basic factual issues omitted from the Complaint in Count III. First, it does not identify which PAE employees were allegedly unlicensed or who at PAE hired them and submitted invoices to CTSI in violation of the licensing requirement.*fn6 See United States ex rel. Williams v. Martin-Baker Aircraft Co., 389 F.3d 1251, 1257 (D.C. Cir. 2004) (finding an FCA claim lacked particularity when the complaint failed to identify the employees involved in the fraud). Second, the Complaint fails to identify what particular false claims were allegedly submitted by PAE, the content of any such false claims, and "who precisely was involved in the fraudulent activity." Williams, id. See United States ex rel. Brown v. Aramark Corp., 591 F. Supp. 2d 68, 74 (D.D.C. 2008) ("[A] relator must provide details that identify particular false claims for payment that were submitted to the government."). Third, the Complaint does not adequately state the time period during which the alleged activities took place. It only states that CTSI took over the USDA contract on April 1, 2003, but contains no further details as to when the fraud began or for how long it existed. See Williams, 389 F.3d at 1257 ("[a]llegations regarding the time of the false misrepresentations are entirely inadequate... [when] the open-ended time span... failed to give [Defendants] sufficient information to allow for preparation of a response.").
In addition, the Complaint does not allege that PAE acted to knowingly cause CTSI to submit false claims to the USDA, as required by 31 U.S.C. § 3729(b).*fn7 For example, there is no allegation that PAE was aware of CTSI's contract requiring it to employ only licensed electricians, or that CTSI's contract even applied to PAE as a subcontractor. See United States ex rel. Alexander v. Dyncorp., Inc., 924 F. Supp. 292, 303 (D.D.C. 1996) (noting that FCA plaintiffs need to state facts from which the court can infer a knowing violation on the part of the defendants).
Thus, because it fails to meet 9(b)'s particularity requirement, as well as the statute's knowledge requirement, Count III must be dismissed against PAE for failure to state a claim.
B. Plaintiff's Claims Against NATI, CTSI, Chang D. Hwang, John G. Carothers, Heys S. Hwang, and James W. Ruest Must Be Dismissed
The remaining Defendants filed a joint Motion to Dismiss. The Court will address each Defendant in turn.
1. Defendant NATI
As an incentive for prompt performance, NATI's contract provided a bonus if it met response time goals when replying to service calls. Compl. at ¶ 46. Count I alleges that NATI falsified its response times in order to ensure that it received a bonus every month. Compl. at ¶ 144. Count II alleges that NATI submitted false reimbursement requests for repairs that were not reimbursable under the contract. Compl. at ¶ 66. While Rule 9(b) is "not intended to be a formalistic bar to sub-standard pleadings," United States ex rel. Brown v. Aramark Corp., 591 F. Supp. 2d 68, 75 (D.D.C. 2008), Counts I and II still do not meet the requirements of Rule 9(b). An FCA Plaintiff must set out the details of the specific scheme, supply the time, place, and content of false representations, and link that scheme to claims for payment made to the United States. United States ex rel. Barrett v. Columbia/HCA Healthcare Corp., 251 F. Supp. 2d 28, 35 (D.D.C. 2003).
Counts I and II fail particularly in the areas of content and time. The Complaint does not indicate when NATI submitted the allegedly falsified time entries, or when those entries were actually made. Instead, the Plaintiff argues that alleging wrongdoing over the entire period of the contract--October 1, 1997, to March 31, 2003-- is sufficient. Pl's. Opp'n to NATI Mot. at 10.
In cases where the complaint alleges complex or extensive fraud schemes, courts often relax the Rule 9(b) standard. See United States ex rel. Harris v. Bernad, 275 F. Supp. 2d 1, 8 (D.D.C. 2003) (denying a motion to dismiss when the FCA complaint alleged a complex fraud over a span of years). This case, however, does not allege a complex scheme, but rather a fairly simple scheme to misrepresent completed work and falsify claims for payment. Therefore, the bare six-year time frame given in the Complaint is insufficient. See Dyncorp, 924 F. Supp. at 303 (dismissing FCA claim partly for failure to state the dates on which allegedly false invoices were submitted).
The Complaint also does not sufficiently state the "content of false representations." Count I does not include the names and job titles of the employees who submitted the false bonus claims, how many times or when they were submitted, or which particular bonus claims are alleged to be falsified. See United States ex rel. Davis v. Dist. of Columbia, 591 F. Supp. 2d 30, 37 (D.D.C. 2008) ("The plaintiff must also state which individual made the misrepresentation."). Likewise, Count II alleges that seven out of 17 repair projects completed in July 2002 were not eligible for reimbursement, Compl. at ¶¶ 77, 78, but does not identify the projects or give a factual basis for why they were not eligible.
See Aramark, 591 F. Supp. 2d at 75 (dismissing complaint for not alleging "names and/or job titles of employees involved in preparing or submitting the invoices, the content of the invoices,... or the actual presentation of a false claim to the Government for payment."). Therefore, Counts I and II against Defendant NATI must be dismissed for failure to state a claim.
The sine qua non of an FCA complaint is that it allege a false or fraudulent claim. 31 U.S.C. § 3729(a)(1). The remaining Counts III, IV, and V do not allege that NATI submitted false claims. See United States ex rel. Ervin and Assocs., Inc. v. Hamilton Sec. Group, 370 F. Supp. 2d 18, 36 (D.D.C. 2005) ("[A] relator must produce evidence that the defendant actually submitted false demands for payment or submitted false records or statements in order to get a false claim paid."). Whether the information in those Counts allege breach of contract or common law fraud is irrelevant since a qui tam plaintiff has no standing to bring such causes of action under the statute. See e.g., United States ex rel. Long v. SCS Bus. & Tech. Inst., 999 F. Supp. 78, 92 (D.D.C. 1998) (common law cause of action distinct from claims under FCA) rev'd on other grounds, 173 F.3d 870 (D.C. Cir. 1999); see also Claire M. Sylvia, The False Claims Act: Fraud Against The Government § 10:25 (2009) (collecting cases).
Count III alleges that NATI billed the USDA for work performed by unlicenced employees in violation of a contractual clause.
Compl. at ¶ 159. However, since there is no allegation that NATI actually submitted a claim to the USDA that the employees were unlicenced, there is no way to know if the USDA had consented to the alleged breach of the contract clause.
Count IV alleges that NATI billed the USDA for overtime that did not qualify for overtime status, id. at ¶ 96, and then gave employees "compensation time" off in lieu of monetary compensation. Id. at ¶ 116. Significantly, this Count fails to assert a false claim. The Complaint alleges that "NATI frequently billed for overtime." Compl. at ¶ 105. Plaintiff argues that the contract between NATI and the Government barred such overtime billing. The allegation is similar to an unjust enrichment claim, and does not hinge on whether a false claim was made. For this reason, Count IV must be dismissed. See Long, 999 F. Supp at 92 (describing unjust enrichment as a "common-law cause of action separate and distinct from the FCA claim").
Count V alleges that NATI misrepresented the amount of work it performed by billing for tasks that had not been completed. Id. at ¶ 167. While the Complaint lists a number of maintenance tasks that were allegedly not completed, it does not allege that Defendants made a false representation in connection with those particular tasks. While this Count might state a cause of action for a breach of contract claim, it does not allege fraud as required in an FCA complaint.
Therefore, Counts III, IV, and V against Defendant NATI must also be dismissed for failure to state a claim.
2. Defendant CTSI
CTSI began its maintenance contract on April 1, 2003. Compl. at ¶ 25. As noted earlier, Plaintiff was not an employee of CTSI or its subcontractor PAE. Id. at ¶ 21. Thus, as Plaintiff does not have first-hand knowledge about CTSI's activities, he bases his allegations on information and belief. Id. at ¶¶ 36, 64, 81, 126, 138.
"As a general rule, pleadings upon information and belief do not satisfy Rule 9(b)'s particularity requirement." United States ex rel. Davis v. Dist. of Columbia, 591 F. Supp. 2d 30, 37 (D.D.C. 2008). However, courts make an exception in qui tam suits, as defendants often control the information necessary to satisfy Rule 9(b). Id. Thus, "pleadings on information and belief require an allegation that the necessary information lies within the defendant's control." Kowal v. MCI Commc'n Corp., 16 F.3d 1271, 1279 n.3 (D.C. Cir. 1994); see also Davis, 591 F. Supp. 2d at 37 ("A relator invoking this exception must plead a lack of access to necessary information in the complaint.").
Plaintiff concedes that he did not allege lack of access in the Complaint, and attempts to rectify the situation by making the allegation in his Pleadings. Pl.'s Opp'n to NATI Mot. at 11. "While it is generally understood that the complaint may not be amended by legal memoranda that are submitted as opposition to motions for dismissal... courts have allowed, for Rule 9(b) purposes, a party to supplement its complaint through such legal memoranda for the sake of judicial economy." Shekoyan v. Sibley Int'l Corp., 217 F. Supp. 2d 59, 73 (D.D.C. 2002).
However, even if the Court accepts the Plaintiff's allegation in his Opposition that necessary information is in Defendants' control, the allegations against CTSI still would not satisfy Rule 9(b). The Complaint merely alleges that the previously described wrongdoings by NATI continued under CTSI, with no further elaboration. Compl. at ¶¶ 36, 64, 81, 126, 138. As the Court has already ruled, supra, that Counts I through V against NATI must be dismissed for failure to meet Rule 9(b)'s particularity requirements, it follows that they must be also dismissed against Defendant CTSI for the same reasons.
3. Individual Defendants
The Complaint seeks to hold the remaining four Defendants liable on all five Counts. However, as noted above, an FCA complaint must make specific allegations against individual defendants, rather than against them as a group. "FCA cases in this circuit reveal that specificity regarding the identities of individual actors is required." United States v. Sci. Applications Int'l Corp., 555 F. Supp. 2d 40, 48 (D.D.C. 2008). For example, it is not enough for a complaint to refer generally to "management" while providing a list of names without explaining the role individual defendants played in the alleged fraud. United States ex rel. Williams v. Martin-Baker Aircraft Co., 389 F.3d 1251, 1257 (D.C. Cir. 2004). The references to the remaining Defendants scattered throughout the Complaint are insufficient to state a claim under the FCA.
Defendant Carothers is mentioned twice in the Complaint. In the background to Count I, the Complaint alleges that he instructed an employee to list maintenance as having been completed on the last day of the month in order to avoid pushing "the cycle to one month later." Compl. at ¶ 60. However, this does not relate to the allegations in Count I, which claim the Defendants falsified response times for repair requests, not maintenance orders. Id. at ¶ 143-44. Additionally, there is no allegation that the maintenance was not in fact done by the end of the month or that back-dating a request would have affected Government payments. See United States ex rel. Totten v. Bombardier Corp., 286 F.3d 542, 551 (D.C. Cir. 2002) ("The FCA attaches liability, not to underlying fraudulent activity, but to the claim for payment."). Carothers is also mentioned in the background to Count IV, which alleges he wrote a note instructing an employee of NATI to take compensation time. Compl. at ¶ 122. This allegation similarly does not allege any fraudulent activity by Carothers.
Defendant Ruest is alleged to have written a memo stating that NATI was trying to get more work orders so that they could "double dip the Government and make extra money." Compl. at ¶ 80. However, even if NATI was misrepresenting its work orders, it does not mean that Ruest himself submitted any false claims to USDA, and the Complaint makes no such allegation. Ruest is also alleged to have requested overtime for needing "special access" to the facilities, id. at ¶ 106, but this also does not allege that he submitted a false claim.
Defendants Chang D. Hwang and Heys S. Hwang are not specifically mentioned in the Complaint, other than being listed in a group; the one exception is the allegation that Chang D. Hwang received the memo described above from Ruest. Id. at ¶ 79. This is certainly not enough to state a claim under the FCA.
Therefore, all Counts against Defendants Chang D. Hwang, John G. Carothers, Heys S. Hwang, and James W. Ruest must be dismissed for failure to state a claim under Rule 12(b)(6).
C. Leave to Amend
Plaintiff requests leave to amend his Complaint in lieu of dismissal. Pl.'s Opp.'n at 1. Once a responsive pleading has been served, a party may only amend a pleading by leave of the court or with the consent of the adverse party. Fed. R. Civ. P. 15(a)(2). Leave to amend shall be freely given when justice so requires. Id. The decision to grant or deny leave to amend is vested in the sound discretion of the trial court. Hammerman v. Peacock, 607 F. Supp. 911, 917 (D.D.C. 1985). In exercising its discretion, the trial court may consider, among other factors, undue delay, dilatory motive on the part of the movant, and undue prejudice to the opposing party by virtue of allowing the amendment. Id. As none of these factors appear to be present, Plaintiff is granted leave to amend Counts I through V, in order to meet the particularity requirements of Rule 9(b), with regard to all Defendants.
For the reasons set forth above, the Motion to Dismiss of Defendant PAE is granted; the Motion to Dismiss of Defendants NATI, CTSI, Chang D. Hwang, John G. Carothers, Heys S. Hwang, and James W. Ruest is granted. Plaintiff's Request for Leave to Amend the Complaint as to allegations against all Defendants is granted and shall be filed no later than April 1, 2010.
An Order will issue with this opinion.
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Kunimatsu S.,Japan National Institute of Advanced Industrial Science and Technology |
Hirao Y.,Kobayashi Institute of Physical Research |
Kitamura Y.,Construction Engineering Research Institute Foundation
Journal of Modern Transportation | Year: 2012
Ground-borne vibrations caused by vibration sources such as road traffic and construction exhibit complicated properties during propagation from the vibration source to the inside of a building. In the present paper, a numerical analysis technique for the system of vibration source and propagation path of ground vibration is developed in order to systematically determine the propagation properties of the vibration as part of developing a predictive technique for exposure evaluations by vibrations in three directions at receiving points of vibration in the human body. First, the exciting forces in three directions for input into the numerical computation are inversely-estimated by using the measured acceleration records of the measurement points, which are near the vibration source. The thin-layered element method is used for numerical computation of the ground vibration. Then, the calculation results for the ground vibration obtained by using the estimated exciting force are compared with the measured results, and the influence of the stratified structure of the ground on the exciting force and the propagation properties of the ground vibration are studied. From these results, in a prediction of the ground vibration in three directions, it is emphasized that it is necessary to consider the influence of horizontal exciting force, although attention has been paid to only the vertical exciting force for simulating ground vibration. © 2012 JMT. All rights reserved. Source
Hirai N.,University of Shizuoka |
Sobue N.,University of Shizuoka |
Date M.,Kobayashi Institute of Physical Research
Journal of Wood Science | Year: 2011
This article reports the piezoelectric moduli of wood d31, d32, and d36. The piezoelectric moduli of wood d31 and d32 have not been previously reported, although there has been much research on the d14 and d25 moduli of wood. The moduli d31, d32, and d36 were measured carefully because their absolute values were considerably smaller than those of d14 and d25. For Softwoods, d36 values were mostly negative, whereas the values for hardwoods had either positive or negative values. The other moduli, d31 and d32, were a mixture of positive and negative values in softwoods and hardwoods. The existence of d31 and d32 suggests the presence of an electrical polarity of the cellulose crystal in the fiber direction of the wood. The polarities of d31 and d32 became clear from wood in the outer part of the trunk, where the crystallinity of cellulose is large and the alignment of the crystals becomes parallel to the fiber direction. © 2010 The Japan Wood Research Society. Source
Polarization switching dynamics of vinylidene fluoride/trifluoroethylene copolymer thin films under high electric field at various temperatures
Ishii H.,Tokyo University of Science |
Nakajima T.,Tohoku University |
Furukawa T.,Kobayashi Institute of Physical Research |
Okamura S.,Tokyo University of Science
Japanese Journal of Applied Physics | Year: 2013
The polarization switching times of vinylidene fluoride (VDF)/trifluoroethylene (TrFE) copolymer thin films with a thickness of 40nm were measured at temperatures ranging from -50 to 50 °C and applied fields ranging from 75 to 600 MV/m. The switching time was drastically reduced by increasing the applied field at all temperatures. The relationship between the switching time and the reciprocal applied field obeyed the exponential law in the low-field region and the power law in the high-field region. The threshold field between the exponential law and the power law became monotonically lower with decreasing temperature. Furthermore, the exponent value in the power law increased with decreasing temperature. This seems to be caused by a change in domain growth from two-dimensional-like to three-dimensional-like or in nucleation mechanism with decreasing temperature. © 2013 The Japan Society of Applied Physics. Source
Wada E.,University of Tokyo |
Yoshida M.,University of Tokyo |
Kojima Y.,National Institute of Neuroscience |
Nonaka I.,National Institute of Neuroscience |
And 7 more authors.
American Journal of Pathology | Year: 2014
Duchenne muscular dystrophy is a lethal X-linked disease with no effective treatment. Progressive muscle degeneration, increased macrophage infiltration, and ectopic calcification are characteristic features of the mdx mouse, a murine model of Duchenne muscular dystrophy. Because dietary phosphorus/phosphate consumption is increasing and adverse effects of phosphate overloading have been reported in several disease conditions, we examined the effects of dietary phosphorus intake in mdx mice phenotypes. On weaning, control and mdx mice were fed diets containing 0.7, 1.0, or 2.0 g phosphorus per 100 g until they were 90 days old. Dystrophic phenotypes were evaluated in cryosections of quadriceps and tibialis anterior muscles, and maximal forces and voluntary activity were measured. Ectopic calcification was analyzed by electron microscopy to determine the cells initially responsible for calcium deposition in skeletal muscle. Dietary phosphorus overload dramatically exacerbated the dystrophic phenotypes of mdx mice by increasing inflammation associated with infiltration of M1 macrophages. In contrast, minimal muscle necrosis and inflammation were observed in exercised mdx mice fed a low-phosphorus diet, suggesting potential beneficial therapeutic effects of lowering dietary phosphorus intake on disease progression. To our knowledge, this is the first report showing that dietary phosphorus intake directly affects muscle pathological characteristics of mdx mice. Dietary phosphorus overloading promoted dystrophic disease progression in mdx mice, whereas restricting dietary phosphorus intake improved muscle pathological characteristics and function. © 2014 American Society for Investigative Pathology. Published by Elsevier Inc. All rights reserved. Source
Improvement of piezoelectricity of poly(L-lactide) film by using acrylic symmetric block copolymer as additive
Shiomi Y.,Kansai University |
Onishi K.,Kansai University |
Nakiri T.,Kansai University |
Imoto K.,Imoto Mechanical Engineering Co. |
And 5 more authors.
Japanese Journal of Applied Physics | Year: 2013
By using additives to change the higher-order structure of a poly(L-lactide) (PLLA) film, an improvement in its piezoelectricity was realized. The additive used was a triblock copolymer, which is a pure acrylic symmetric block copolymer consisting of a center block of poly(butyl acrylate) (PBA), corresponding to its soft part, and two side blocks of poly(methyl methacrylate) (PMMA), corresponding to its hard part. The triblock copolymer is hereafter denoted as PMMA-b-PBA-b-PMMA. The piezoelectric e-constant of the PLLA film with added PMMA-b-PBA-b-PMMA (PLLA/PMMA-PBA-PMMA film) was over two times higher than that of the PLLA film without adding PMMA-b-PBA-b-PMMA (reference PLLA film). Also, we found that the glass transition temperature increases with increasing PMMA-b-PBA-b-PMMA content. From atomic force microscopy (AFM) images, it was found that a new higher-order structure was formed in the PLLA/PMMA-PBA-PMMA film with high piezoelectricity. The method of using PMMA-b-PBA-b-PMMA has high productivity and its promising for industrial use. © 2013 The Japan Society of Applied Physics. Source


text:
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text:
My Favourite Soup
Total Time
Prep 5 mins
Cook 15 mins
I love to make this all year round! It's warm but refreshing! I hope you enjoy it. Measurements are approximate.
Ingredients Nutrition
2-3 1 small pot US
- 10 Brussels sprouts, chopped into halves or quarters
- 1⁄2 medium onion, chopped
- 1⁄2 cup red lentil, dried
- water, enough to just cover the vegetables
- lemon juice
- In a medium saucepan, add Brussels sprouts, onion and water, and bring to a boil.
- When the water starts to boil, add lentils and let simmer until the lentils are cooked and the vegetables have softened.
- Add a dash of bottled lemon juice to your preferred taste (or squeeze 1 lemon wedge for each serving) to each bowl just before serving.
- Enjoy!
- NOTE: you can add any other vegetables you want to this soup. Carrots, potatoes, sweet potatoes, peas, garlic all go nicely - anything you can think of, really! A dash of Braggs or soy sauce are also a nice compliment.


text:
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text: Just about to purchase a new printer as am really fed up of the price of HP cartridges for my Deskjet 840c!!!! Have seen the Epson sp900 at PC world (sorry) for £99 but have seen the Epson photo 915 at ebuyer for £114. Is it worth the extra £14 to go for the 915 or is there not much difference?? Or alternatively can anyone recommend a similar alternative around the same price taking into account cheap cartridges, performance & link up with a digi camera. Thanks


text:
This is a sensual, masturbating, front-facing EFRO style clip. I am wearing my very tight, low-cut slutty nurse outfit and i'm desperate to poop. I've been needing it all day and i've finally got the chance to do it! But first, i'm going to take my tits out and play with them while you jerk your cock. I tell you to stroke your cock while I oil up my boobs and rub them. But before long, I know I can't hold this poop in any longer. I slowly, sensually push it out until there's a big pile of warm shit in front of me. It is a soft, long, thin strand of shit, at least a foot long, curling up into a spiral underneath me. I tell you how amazing it feels to finally have this out of me. In fact, the relief feels so good I want to cum. I begin playing with myself, telling you to stroke your cock while I stroke my pussy, I want us to cum together. After a minute or two of playing with my soaking wet pussy, I tell you to cum with me because i'm about to orgasm, still sitting in a pile of my own shit. It feels so good!
Length of video not including titles/credits: 05:21
Format: 1080p mp4 (the video is much better quality than the GIF)
Length: 5:36s Resolution: 1920x1080Download Format: mp4File Size: 269 MB


text:
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Zuba White Solid Churidar
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- Incorporate modish appeal with Zuba's white churidar. Crafted from soft-to-feel fabric, this luxurious churidar has an elasticated waist and tapered finish. Style with a kurta and sandals.
- Fit - Regular fit
- Color - White
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- Wash Care - Machine Wash
- Fabric - 95% Viscose, 5% Elastane
- Product Listing Id :MP000000000150290
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- For any other queries, do reach out to CliQ Care at 1800 208 8282 or email@example.com