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June 6, 2011
ERIK D. HOVE, PLAINTIFF,v.JAMES CLEARY, MONMOUTH REGIONAL HIGH SCHOOL,VICKI SMITH, AND MARIA PARRY, DEFENDANTS.
BROWN, ChiefJudge:
This matter comes before the Court upon the motions for summary judgment (Doc. Nos. 7, 9) filed by Defendants James Cleary, Monmouth Regional High School ("MRHS"), Maria Parry, and Vicki Smith (collectively "Defendants"). Defendants seek summary judgment and/or dismissal of all causes of action filed by Plaintiff Erik D. Hove. For the reasons that follow, the Court will grant summary judgment in favor of Defendants for claims I--V, and the Court will dismiss claim VI for lack of subject matter jurisdiction.
This case involves allegations of employment discrimination against a school bus driver on the basis of disability and gender, as well as unlawful drug-testing practices and disclosure of medical records. In discussing the relevant facts, the Court draws all reasonable inferences in favor of Plaintiff, the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587(1986).
Plaintiff worked as a bus driver for the MRHS beginning in 1988. (Compl. at ¶1; MRHS Defs.' 56.1 Statement ¶ 3(F).) Defendant Smith was Plaintiff's supervisor as the MRHS Transportation Supervisor. (MRHS Defs.' 56.1 Statement ¶ 4(A); Pl.'s 56.1 Resp. ¶ 5.) Defendant Parry was Defendant Smith's supervisor as the MRHS Board of Education's Business Administrator. (MRHS Defs.' 56.1 Statement ¶ 5(A); Pl.'s 56.1 Resp. ¶ 9.) Defendant Cleary was the MRHS Superintendent of Schools. (MRHS Defs.' 56.1 Statement ¶ 6(A); Pl.'s 56.1 Resp. ¶ 9.) Plaintiff, who was married to Ms. Smith's daughter, began to have marital problems in or about 2000, when Plaintiff's wife allegedly started an affair. These marital problems allegedly led Plaintiff to suffer from depression and ultimately led Plaintiff to attempt suicide in September 2007 and again in January 2008. During this time frame, Plaintiff also suffered a torn rotator cuff, and he underwent shoulder surgery in November 2007. Following the operation, Plaintiff was on disability leave from work between November 2007 and June 2008. (MRHS Defs.' 56.1 Statement ¶ 3(I--K, Q); Pl.'s 56.1 Resp. ¶¶ 1, 11; Compl. ¶ 6.) The parties agree that, prior to the fall of 2008, Plaintiff had no disciplinary problems at work. (MRHS Defs.' 56.1 Statement ¶3(X).)
Upon returning from disability leave, Plaintiff attended a "welcome back" meeting for the school's bus drivers in August 2008, whereupon Mr. Cleary noticed that Plaintiff appeared disheveled, lethargic, and out of the ordinary. Mr. Cleary, who knew Plaintiff personally and understood that Plaintiff was dealing with marital difficulties and had attempted suicide, asked to meet with Plaintiff privately. Plaintiff informed Mr. Cleary that he was going through a difficult time, that he was under a doctor's care, and that he may have unintentionally abused prescription medications. As a result of this conversation and out of concern for Plaintiff's ability to safely operate as a school bus driver, Mr. Cleary asked Plaintiff to undergo drug and psychological testing, and Plaintiff agreed. (MRHS Defs.' 56.1 Statement ¶ 6; Pl.'s 56.1 Resp. ¶ 9.) Plaintiff passed these tests. Although the Complaint only referred to this blood-testing incident, Plaintiff now alleges that he was subjected to additional blood tests in or about June 2008 and October 2008. According to Plaintiff, Ms. Smith demanded that he submit to a "Return to Work" drug test, which is administered to employees who have previously failed a drug or alcohol test, when he returned to work in June 2008, and he received a third drug test in October 2008 after a police officer pulled him over, while driving a full school bus, for suspicion of driving while intoxicated. (See Pl.'s Certif. at 3, 8.) Plaintiff apparently passed these tests. It is undisputed that, over a four-month period from November 2008 to March 2009, Plaintiff was late to work or did not show up to work on five occasions. Plaintiff was also involved in three at-fault traffic accidents over a six week period in the beginning of 2009. (MRHS Defs.' 56.1 Statement ¶ 3(X--Y); Pl.'s 56.1 Resp. ¶¶ 1, 9.) In addition, Plaintiff admitted during his deposition that the school may have received a complaint in October 2008 that he was driving erratically. (Reilly Certif. Ex. C ("Hove Dep.") at 136.) The MRHS Board of Education held a meeting on March 31, 2009 and terminated Plaintiff's employment. According to Ms. Parry, the MRHS Board of Education's Business Administrator, Plaintiff's termination "was the combined result of the five failures to either show up or call out between October 23, 2008 and March 11, 2009 and the three at fault accidents in a six week period between February 2, 2009 and March 23, 2009." (Reilly Certif. Ex. I ¶¶9--10.)
Plaintiff filed suit in the Superior Court of New Jersey, Law Division, Monmouth Vicinage on February 7, 2010. Plaintiff's Complaint presented claims under 42 U.S.C. § 1983; the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 29 U.S.C. § 1181; the New Jersey Civil Rights Act, and the New Jersey Law Against Discrimination (NJLAD). Plaintiff's claims allege violation of his constitutional rights to due process and to be free from unreasonable searches and seizures, gender and disability discrimination, and unlawful disclosure of medical records. Defendants timely removed the matter to this Court for the District of New Jersey pursuant to 28 U.S.C. § 1331 on the basis of federal question jurisdiction. Defendants now move for summary judgment or dismissal of all claims, asserting inter alia that Plaintiff has not put forth colorable evidence substantiating his claims, and that there is no private right of action under HIPAA. Plaintiff filed a two-page response brief, which only appears to address Plaintiff's NJLAD claim of disability discrimination. Plaintiff also filed a responsive statement pursuant to Local Civil Rule 56.1, that is supported entirely by Plaintiff's unsworn certification. In his response brief, Plaintiff contends that Defendants failed to make reasonable accommodations for Plaintiff, who was under psychiatric care and taking medications. (See Pl.'s Br. at 1--2.)
A. Summary Judgment
A party seeking summary judgment must "show[] that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Hersh v. Allen Prod. Co., 789 F.2d 230, 232 (3d Cir. 1986). The threshold inquiry is whether there are "any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986) (noting that no triable issue exists unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict in its favor). In deciding whether triable issues of fact exist, this Court must view the underlying facts and draw all reasonable inferences in favor of the nonmoving party. Matsushita, 475 U.S. 574, 587 (1986); Pa. Coal Ass'n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995).
Defendants challenge the sufficiency of Plaintiff's proofs on all claims. This Court has federal question jurisdiction over Plaintiff's § 1983 claim pursuant to 28 U.S.C. § 1331, and this Court has supplemental jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C. § 1367.
B. Gender Discrimination Claims Under N.J. Stat. Ann. § 10:5-1, et seq.
Gender discrimination claims under the NJLAD are analyzed under the framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). See, e.g., Clowes v. Terminix Int'l, Inc., 109 N.J. 575, 595 (1988); see also Schurr v. Resorts Int'l Hotel, Inc., 196 F.3d 486, 498 (3d Cir. 1999). McDonnell Douglas analysis consists of three steps: first, a plaintiff must present sufficient evidence to present a prima facie case of discrimination; second, if the plaintiff establishes a prima facie case, the burden of production shifts to the defendant, who must articulate a legitimate, nondiscriminatory reason for the adverse employment decision; third, if the defendant presents such justification, the burden of production shifts back to the plaintiff, who must prove by a preponderance of the evidence that the defendant's nondiscriminatory reasons were merely pretext for discrimination. E.g., Clowes, 109 N.J. at 596; Dooley v. Roche Labs., Inc., Civ. No. 04-2276, 2007 WL 556885, at *5 (D.N.J. Feb. 15, 2007).Generally, in order to set forth a prima facie case of discrimination, "a plaintiff must show that he or she (1) belongs to a protected class; (2) applied for or held a position for which he or she was objectively qualified; (3) was not hired or was terminated from that position; and that (4) the employer sought to, or did fill the position with a similarly-qualified person." Viscik v. Fowler Equip. Co., 173 N.J. 1, 14 (2002).
Defendants contend that Plaintiff has not put forth evidence of disparate treatment or purposeful discrimination on the basis of gender. Plaintiff does not dispute this contention in his response brief, and Plaintiff does not appear to present either argument or evidence in his certification that would put this issue in dispute.
Plaintiff's first cause of action alleges that "[f]emale drivers get more hours, hourly assignments, and more opportunity for overtime than male drivers." (Compl. ¶ 20). Plaintiff presents no evidence to support this contention. Plaintiff also alleged in the first cause of action that he "was denied his past custom and practice of doing maintenance work on the buses as part of his regular duties, in order to reduce his hours to his detriment." (Compl. at ¶ 21.) It is not disputed that Plaintiff had previously conducted maintenance on the buses, but upon returning to work in summer 2008 was not allowed to continue to perform maintenance work on the buses. (MRHS Defs.' 56.1 Statement ¶ 3(S).) However, Plaintiff has not provided any evidence that would suggest that this decision was gender-based.
In the second cause of action Plaintiff alleged "Defendants' sanction on Plaintiff due to his driving record was more severe than that meted out to female drivers similarly situated." (Compl. at ¶ 23.) The evidence offered by Plaintiff in his certification does not support this claim. Plaintiff notes in his certification that a female driver was involved in two traffic accidents, but the school did not report the matter to the police or file an insurance claim. (Pl.'s Certif. at 13.) Yet, accepting this assertion as true, Plaintiff has not shown disparate treatment, because this driver is not similarly situated. Plaintiff does not dispute Defendants' contention that "[N]o other driver, male or female, had three at fault accidents in a six-week period" between April 2003 and March 2009. (MRHS Defs.' 56.1 Statement ¶ 8; Pl.'s 56.1 Resp. ¶ 9.)
Plaintiff has put forth no colorable evidence or legal argument to support his gender discrimination claims. Furthermore, Plaintiff does not present any evidence indicating that Defendants' stated reason for terminating his employment-three at-fault accidents in six weeks and five failures to show up for work on time in a four-month period-was pretext for unlawful gender discrimination. Consequently, the Court will grant summary judgment in favor of Defendants on these claims.
C. Disability Discrimination Claim Under N.J. Stat. Ann. 10:5-1, et seq.
The NJLAD also prohibits discrimination on the basis of disability. An employee who claims disability discrimination in violation of NJLAD must show they were "qualified to perform the essential functions of the position of employment, with or without accommodation." Victor v. State, 401 N.J. Super. 596, 609 (App. Div. 2008). The NJLAD also "requires an employer to reasonably accommodate an employee's handicap." Tynan v. Vicinage 13 of Superior Court, 351 N.J. Super. 385, 396 (App. Div. 2002). To show disability discrimination, an employee must show:
(1) the employer knew about the employee's disability; (2) the employee requested accommodations or assistance for her disability; (3) the employer did not make a good faith effort to assist the employee in seeking accommodations; and (4) the employee could have been reasonably accommodated but for the employer's lack of good faith.
Id. at 400--01 (quoting Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 319--320 (3d Cir. 1999)).
Here, Plaintiff asserts he was depressed and was taking medication for the depression, which caused him to oversleep and be late for work. (Pl.'s Resp. Br. at 1.) Plaintiff further contends he informed Defendants his medication would cause him to oversleep. (Id.) Notably, this theory of disability did not appear in the Complaint. Rather, Plaintiff averred that he suffered a "torn rotator cuff" in 2007, and that by November 2008, he had developed a "left arm palsy" that did not interfere with this his ability to drive the school bus. (Compl. ¶¶ 6, 8.) According to the Complaint, "Plaintiff was terminated on March 30, 2009 as unable to do his job due to his left arm palsy." (Compl. ¶ 19.) The Complaint makes no mention of his depression or medication being the basis for disability discrimination, and Plaintiff may not amend his pleadings simply by offering argument in response to a motion for summary judgment. Furthermore, even if the Court accepted Plaintiff's new theory of disability discrimination, Plaintiff has provided no evidence that he ever requested assistance or accommodation for this disability. While a request for accommodation need not be formal or even made with a specific accommodation in mind, the request must nevertheless be made. Tynan, 351 N.J. Super. at 400. Plaintiff only argues that "when his attendance became an issue, [Defendants] made no effort to work with him and make an accommodation for his disability." (Pl.'s Resp. Br. at 1.) Plaintiff does not explain how Defendants could have made a reasonable accommodation for his asserted disabilities, considering that his position entailed driving children to school in time for the beginning of the school day. Indeed, Plaintiff's own deposition testimony indicated that he was late to work because he did not hear the alarm clock in the morning, or because of a power failure. (Hove Dep. at 177--78.)*fn1
Plaintiff has not made a prima facie case of disability discrimination, and he has not presented evidence suggesting that his termination was pretext for unlawful disability-based discrimination. Rather, the record reflects that Plaintiff was terminated following three at-fault accidents while driving a school bus, and five late arrivals for work. Plaintiff does not present colorable evidence that would place these essential facts in dispute. Accordingly, the Court will grant summary judgment in favor of Defendants on this claim.
D. Due Process & Search and Seizure Claims
Plaintiff's fourth and fifth causes of action allege violations of his rights to be free from unreasonable searches and seizures and to due process of law. Plaintiff brings these claims under 42 U.S.C. § 1983 and the New Jersey Civil Rights Act, N.J.S.A. 10:6-2. "To state a claim for relief in an action brought under [section] 1983, [plaintiffs] must establish that they were deprived of a right secured by the Constitution or laws of the United States, and that the alleged deprivation was committed under color of state law." Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49--50 (1999). The analysis of constitutional violations under the New Jersey Civil Rights Act tracks the analysis of a § 1983 claim. See, e.g., Rezem Family Assocs., LP v. Borough of Millstone, 2011 N.J. Super. LEXIS 64, *14--15 (App. Div. Apr. 15, 2011). Plaintiff's Complaint alleges that Defendants, state actors, violated his Fourth and Fourteenth Amendment rights by requiring him to submit to drug testing. It is undisputed that Plaintiff underwent drug-testing at the behest of Defendants, though it is unclear how many times Plaintiff was tested during the relevant time period. Defendants argue that courts have rejected Fourth Amendment challenges to New Jersey's law that permits boards of education to conduct "psychiatric or physical examinations" of a school employee, when that employee "shows evidence of deviation from normal, physical or mental health." (MRHS Defs.' Br. at 29 (citing N.J. Stat. Ann. § 18:16-2).) Defendants also note that courts have given greater deference to searches of school employees who are entrusted with the safety of school children. (Id.) Plaintiff's response brief does not oppose Defendants' arguments for summary judgment.
The Fourth Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . ." U.S. Const. amendment IV. "Although the underlying command of the Fourth Amendment is always that searches and seizures be reasonable, what is reasonable depends on the context within which a search takes place. The determination of the standard of reasonableness governing any specific class of searches requires 'balancing the need to search against the invasion which the search entails.'" New Jersey v. T.L.O., 469 U.S. 325, 337 (1985) (citation omitted). "In the case of searches conducted by a public employer, we must balance the invasion of the employees' legitimate expectations of privacy against the government's need for supervision, control, and the efficient operation of the workplace." O'Connor v. Ortega, 480 U.S. 709, 720 (1987). In determining whether the search was "reasonable," for purposes of the Fourth Amendment, this Court must consider whether the search was "justified at its inception," and whether the search as conducted "was reasonably related in scope to the circumstances which justified the interference in the first place." T.L.O., 469 U.S. at 341 (citations omitted).
It is undisputed that blood and urine-testing constitutes a search for purposes of Fourth Amendment analysis. See, e.g., Skinner v. Railway Labor Execs.' Ass'n, 489 U.S. 602, 616 (1989). A number of courts have recognized that a public employer has a sufficient governmental interest to perform routine, suspicionless drug screenings on an employee, where the employee's work makes that employee directly responsible for public safety. See, e.g., N.J. Transit PBA Local 304 v. N.J. Transit Corp., 384 N.J. Super. 512, 519 (App. Div. 2006) (finding no federal or state constitutional violation from policy requiring suspicionless, annual medical examinations and drug screenings of transit police officers); Int'l Fed'n of Prof'l & Tech. Eng'rs, Local 194A v. Burlington County Bridge Comm'n, 240 N.J. Super. 9, 11 (App. Div. 1990) (finding that, consistent with the Fourth Amendment, bridge operators may be subject to annual drug screenings that are conducted as part of an annual physical examination). Courts have also recognized a heightened governmental interest in performing drug tests on school employees that are responsible for the safety of school children. See, e.g., Jones v. McKenzie, 833 F.2d 335, 339--41 (D.C. Cir. 1987), as amended by Jones v. Jenkins, 878 F.2d 1476 (D.C. Cir. 1989).
The only drug test mentioned by the Complaint was the drug test that occurred after the August 2008 "welcome back" meeting for school drivers, which Plaintiff averred was precipitated by Ms. Smith's accusation that he was abusing prescription drugs. (Compl. ¶ 10.) As noted above, Plaintiff now appears to complain of additional drug tests that occurred before and after this test: one that occurred when he returned to work in June 2008, and another that was administered in October 2008 after he was pulled over by a police officer on suspicion of driving while intoxicated.
With regard to the post-meeting drug test in or about August 2008, Plaintiff's certification now asserts that Mr. Cleary, not Ms. Smith, accused him of being under the influence of drugs. (Pl.'s Certif. at 8.) Furthermore, Plaintiff's 56.1 Response does not contest Defendants' claim, based upon Mr. Cleary's deposition testimony, that Mr. Cleary observed Plaintiff to be disheveled, lethargic, and using slurred speech around the time of the "welcome back" meeting in August 2008, and that Plaintiff stated that he may have been abusing prescription medications. (MRHS Defs.' 56.1 Statement ¶ 6(D--H); Reilly Certif. Ex. H at 7--11; Pl.'s 56.1 Resp. ¶ 9.*fn2
Under these circumstances, it appears that MRHS Defendants had particularized suspicion for conducting the drug test. Plaintiff offers no legal theory for how this drug test violated his Fourth Amendment rights. Considering that Plaintiff was a bus driver directly charged with safely transporting children to and from school, and considering that Mr. Cleary knew that Plaintiff had attempted suicide on two prior occasions, this Court concludes that the drug test required by Defendants was reasonable under the circumstances. Thus, the Court will grant Defendants' motion and enter summary judgment in favor of Defendants and against Plaintiff on Plaintiff's Fourth Amendment claim premised on the August 2008 drug test.
As for the newly alleged drug tests, which exceed the scope of the Complaint, the Court notes that Plaintiff does not dispute that Defendants knew that he had attempted suicide on two prior occasions, or that the latter blood test took place after he was pulled over on suspicion of driving while intoxicated. Plaintiff does contest the circumstances that caused him to be pulled over (see Pl.'s Certif. at 10--11), but he provides no colorable evidence indicating that the encounter was pretextual, or that MRHS Defendants had reason to believe that the traffic stop was made in bad faith. Where the allegations in the Complaint, taken as true, reveal a deficiency in a plaintiff's claim, the Court may dismiss claims sua sponte under Federal Rule of Civil Procedure 12(b)(6). See, e.g., Bintliff-Ritchie v. Arn. Reinsurance Co., No. 07-1527, 285 F. App'x 940, 943 (3d Cir. 2008); Bryson v. Brand Insulations, Inc., 621 F.2d 556, 559 (3d Cir. 1980). Because Plaintiff did not include any details regarding these additional drug tests in his pleadings, and because Plaintiff does not now provide a legal theory for how these purported tests violated his Fourth Amendment rights, the Court cannot assess the merits of these putative claims.*fn3 Thus, to the extent that Plaintiff bases his Fourth Amendment claim on drug tests other than the August 2008 drug test, this claim is dismissed.
E. HIPAA Claim Under 29 U.S.C. § 1181
Plaintiff's sixth cause of action alleges that Defendants violated the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 29 U.S.C. § 1181, by allowing his confidential medical information to be faxed to a common usage fax machine at the school. (Compl. ¶ 32.) Defendants argue that Plaintiff has presented no evidence that confidential medical information was actually disclosed, and in any event, that there is no private right of action under HIPAA. Plaintiff does not oppose these contentions.
In Buchanan v. Gay, a federal court in the District of Delaware noted that while the U.S. Court of Appeals for the Third Circuit has not addressed the issue, several other federal courts have found that HIPAA does not create a private right. The Buchanan court therefore dismissed the HIPAA claim for lack of jurisdiction. 491 F. Supp. 2d 483, 496--97 (D. Del. 2007) (citing Acara v. Banks, 470 F.3d 569, 572 (5th Cir. 2006); Agee v. United States, 72 Fed. Cl. 284 (Fed. Cl. 2006); Carney v. Snyder, No. C.A. 06-23 ERIE, 2006 WL 2372007 (W.D.Pa. Aug.15, 2006); Rigaud v. Garofalo, No. Civ.A. 04-1866, 2005 WL 1030196 (E.D.Pa. May 2, 2005); O'Donnell v. Blue Cross Blue Shield of Wyo., 173 F. Supp. 2d 1176, 1179--80 (D. Wyo. 2001); Wright v. Combined Insur. Co. of Am., 959 F. Supp. 356, 362--63 (N.D. Miss. 1997). Recently, the U.S. Court of Appeals for the Seventh, Eighth, Ninth, and Tenth Circuits have joined this line of authority, recognizing that HIPAA does not create a private right of action. Carpenter v. Phillips, No. 10--3176, 2011 WL 1740102, at *1 (7th Cir. May 4, 2011) (slip order); Dodd v. Jones, 623 F.3d 563, 569 (8th Cir. 2010); Seaton v. Mayberg, 610 F.3d 530, 533 (9th Cir. 2010); Wilkerson v. Shinseki, 606 F.3d 1256, 1267 n.4 (10th Cir. 2010). This Court finds the above decisions to be persuasive. Accordingly, the Court will dismiss Plaintiff's HIPAA claim for lack of jurisdiction.
For the reasons stated herein, Defendants' motions (Doc. Nos. 7, 9) will be granted, and this Court will enter summary judgment in favor of Defendants and against Plaintiff on Counts I--V of the Complaint. The Court will dismiss Plaintiff's HIPAA claim, Count VI, for lack of subject matter jurisdiction. An appropriate form of order is filed herewith.
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5123 W HALFORD CIR Salt Lake City, UT 84118
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Exhibition news
21.10.2016 POST RELEASE 12th International exhibition of automotive industry InterAuto
The project was officially supported by the Ministry of Industry and Trade of the Russian Federation, the Ministry for Transport of the Russian Federation, the Government of the Moscow region, the Association of Russian Automakers (OAR) and the National Association of Automotive Components Manufacturers (NAPAK).
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The awarding ceremony for the winners of the national award Automotive Component of the Year will take place August 25 within the frames of the International exhibition of automotive industry InterAuto in Crocus Expo IEC.
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Skillet Style French Fries
|Baking potatoes
|1 1⁄2 Pound (3 Medium)
|Cooking oil
|200 Milliliter
|To Taste
Peel potatoes and cut lengthwise in 3/8- or 16-inch-wide strips.
In skillet that is at least 3 inches deep, heat 1 inch of oil to 360°.
Fry a few potatoes at a time till crisp and golden, 6 or 7 minutes.
Drain on paper toweling.
Sprinkle with salt.
Serve at once.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 769 Calories from Fat 591
% Daily Value*
Total Fat 67 g102.9%
Saturated Fat 9.5 g47.6%
Trans Fat 0 g
Cholesterol 0 mg
Sodium 140.5 mg5.9%
Total Carbohydrates 41 g13.7%
Dietary Fiber 2.9 g11.8%
Sugars 1.4 g
Protein 5 g9.7%
Vitamin A 0% Vitamin C 21.5%
Calcium 3% Iron 10.8%
*Based on a 2000 Calorie diet


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Cube Steak with Gravy
Total Time
Prep 15 mins
Cook 8 hrs 30 mins
I never liked cube steaks until I found this recipe in TOH Quick Cooking magazine. These turn out melt in your mouth good and the gravy, wow!!
Ingredients Nutrition
- 1⁄3 cup all-purpose flour
- 6 beef cube steaks (1 1/2 pounds)
- 1 tablespoon vegetable oil
- 1 large onion, sliced and separated into rings
- 3 cups water, divided
- 1 envelope brown gravy mix
- 1 envelope mushroom gravy mix
- 1 envelope onion gravy mix
- hot mashed potatoes or cooked noodles
- Place flour in a large resealable plastic bag.
- Add the steaks, a few at a time, and shake until completely coated.
- In a skillet, cook the steaks in oil until lightly browned on each side.
- Transfer to a slow cooker.
- Add the onion and 2 cups of water.
- Cover and cook on low for 8 hours or until meat is tender.
- In a bowl, whisk together gravy mixes with remaining water.
- Add to the slow cooker; cook 30 minutes longer.
- Serve over mashed potatoes or noodles.
Most Helpful
I'm sorry but my family did not like this. I followed the recipe exactly as written and our meat had no flavor to it at all. I did add a lot of salt and pepper but I think it needed that and more while it was cooking. It smelled so good when it was cooking and I thought they gravy would draw through the meat but it didn't.
An easy and tasty recipe. I don't usually like meats cooked in a crockpot, but this one proved me wrong (again). How nice it makes its own yummy gravy which makes dinnertime a snap. If you are not pressed for time, another worthwhile cube steak recipe is KathyP53's Chicken-fried Steak (#151732). Like Skeeter and a few other reviewers, I didn't like cube steak much either until I tried this one and that one!
This was absolutely wonderful! I used 1 brown gravy mix and 1 mix of onion soup mix because I only had 4 cube steaks but followed the rest of the recipe. My husband and mother in law both loved it! The leftovers were even better and I of course got them, because I found the recipe! :) Thanks a bunch for sharing!


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Carol Catherine Hagino
BSc, MBA, PhD
My Selection
Carol Catherine Hagino
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The key statistics from Albion's win over Leeds.
The full-back was delighted to start at the Amex.
The Albion midfielder has been recognised for his brilliant goal against Bristol City.
Match action seen through the lens of the club photographer.
Albion's manager reflects on a win which sends the side top of the Championship.


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Lessons learnt from the set-up phase of the 'Regulatory Futures' cross-functional review
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Pokémon! I Choose You! (Original 1997 Airing)
|Date found
|2 May 2015
|Found by
|Pokémon Peru
When Pokémon finally went back on air in April 1998, four months after the infamous "Electric Soldier Porygon" incident, OLM edited the previous 37 episodes, slowed down the flashing lights, and never aired the original versions again despite no previous reports of the episodes causing seizures for anyone.
On April 2nd 2013, however, the original versions were taken from sub group #pokemon-originals and uploaded to Hulu Japan. Since then, the sub group seems to have disbanded. Even then, however, episode one's original cut was not uploaded because Hulu replaced it with a new version that included advertisements for the Wii U before the episodes were put on the #pokemon-originals website. Because of that, the episode was still missing until May 2nd 2015 when a fan group called Pokémon Peru once again uploaded the original cut in two parts. Part one can be found here and part two can be found here. A Dailymotion upload can be found below as well.


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Rob MacGregor is an Edgar-winning author who has been on the New York Times bestseller list. He is the author of seventeen novels, ten nonfiction books, and numerous magazine and newspaper articles. In addition to writing his own novels, he has teemed with George Lucas, Peter Benchly, and Billy Dee Williams.
Indiana Jones and the Peril at Delphiby Rob Macgregor
For sixteen centuries the Order of Pythia has awaited the reappearance of the ancient oracle of sacred knowledge at Delphi. An earthquake, rending the earth beneath the ruins, has now heralded her return. Dorian Belecamus, a beautiful and bewitching archaeology professor, sees an opportunity to do more than dig into the past: this is her chance to seize control
For sixteen centuries the Order of Pythia has awaited the reappearance of the ancient oracle of sacred knowledge at Delphi. An earthquake, rending the earth beneath the ruins, has now heralded her return. Dorian Belecamus, a beautiful and bewitching archaeology professor, sees an opportunity to do more than dig into the past: this is her chance to seize control of her country's future—by becoming the Oracle of Delphi! And she's found just the man to help her consummate her scheme. He's brash, he's reckless, and he's fallen under her spell. His name: Indiana Jones.
Their adventure spans the globe from Chicago to Paris to Greece, where, bullwhip in hand, Indy descends into the bottomless pit of the serpent god and finds a sacred stone that holds the key to the oracle's prophecies. But Dorian has designed an even more sinister fate for young Indy: she means to make him her lover, her priest, and her pawn in a plot to kill the king. Will Indy find the source of Pythia's powers—or will he find himself sacrificed at Dorian's altar, a victim of her deadly ambition and desire?
Product Details
- 9780553289312
- Publisher:
- Random House Publishing Group
- Publication date:
- 01/28/1991
- Series:
- Indiana Jones Series
- Edition description:
- Reissue
- Pages:
- 248
- Sales rank:
- 558,534
- Product dimensions:
- 4.23(w) x 6.84(h) x 0.86(d)
Meet the Author
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews
i actually thought this book was pretty good. there wasnt as much action as in the movies but it was just enough to keep you interested. i thought the thing that made this book interesting was the fact that it was kind of mysterious in a way because you never really figure out Dorian (the antagonist) and i found that intriguing.
Ever since seeing Harrison Ford play Indiana Jones In Raiders of the Lost Ark back in the early eighties, I was hooked and couldn't get enough. Speilberg and Lucas had really defined what true adventure was and they spared no expense. As the eighties wore on, we were treated to a couple more Indy movies and the Indy chronicles on TV - which I watched over and over again. Then I happened upon the series of books and was prepared for new adventures with my favorite hero. I read The Peril at Delphi and had to put it down after fifty pages. Nearly a month went by when I decided to pick the book up again, starting fresh from the beginning. I'm sorry but I was expecting far more from an Indy novel. I finished this book weeks later simply out of willpower. Although there were some good scenes and interesting bits about Indy as a young man, I kept wondering where all the action was. Plus, the villian, Dorian, didn't act menacing enough for me. Remember, Indy's fans are used to seeing the bad guys try and shoot him, run him over, and spear him - not to mention trying to rip his heart out. Dorian didn't do anything like this. I think the worst thing Indy had to fear was the publisher cancelling the series. Anyway, I will not give up on my hero just yet. Since I received the entire series of books as a gift, I'll try reading book 2. It's too bad Cambell Black wasn't hired to write the series because he did an outstanding job writing the Raiders tie-in book for the movie. Not only did I read the book when it came out, but saw the movie eight times in the theater.


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Distances are calculated in a straight line and may not reflect actual travel distance.
It is important to note that this mortgage calculator is for guidance purposes only. Mortgage lenders have their own affordability criteria therefore it is important you speak to one of our Mortgage Advisers for further information and a more accurate indication of what products may be available to you and what your monthly mortgage payments are likely to be.
Guide Price 110,000-115,000
A unique two bedroom cottage that we understand was formerly a stables is being sold as a buy to let investment with the current tenant in situ who pays 525 per calendar month. The property is quirky as it is an unusual shape with irregular rooms and there is no garden. The property benefits from gas central heating and double glazing.
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How many miles? 78 Miles / 126 Km
How many times? 1 hour 23 mins
Distance from Statesville, NC to Boone, NC is 78Miles or 126 Km. You can get this distance about 1 hour 23 mins. If you want to planning travel with plane for 54 Miles or 86 Km, You can get this distance about 36 mins .
A car with an average MPG will needs 3.61 gallons of gas to get the route between these points.
The estimated cost of gas to get between Statesville, NC and Boone, NC is $8.19.
During the route, an average car will release 70.73 pounds of CO2 to the atmosphere. Your carbon footprint is 0.91 pounds of CO2 per mile.
* Average US MPG used for calculations is 21.6 MPG.
* Average US gas price used for calculation is 2.27 per gallon.
* Coordinates of Statesville, NC is 35.7826378, -80.8872915 and coordinates of Boone, NC is 36.2168757, -81.6746653
All Rights Reserved. © 2010 - 2016 Feedback


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Easy Chicken Fajita Soup
Total Time
Prep 5 mins
Cook 10 mins
This is fast and easy to make and it tastes great.
Ingredients Nutrition
- 2 cups water
- 2 chicken bouillon cubes
- 2 cups chunky salsa
- 1 (10 ounce) can white meat chicken
- Mix all the ingredients.
- Heat to low simmer.
- Simmer for 5 minutes.
Most Helpful
I like my soups thicker and I think I would have liked it more with meatballs.


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decided: January 2, 1975.
GLADYS C. HOSLER, APPELLANT,v.BELLEFONTE AREA SCHOOL DISTRICT AND K. FREDERICK MAUGER, SUPERINTENDENT, APPELLEES
Appeal from the Order of the Court of Common Pleas of Centre County in case of Gladys C. Hosler v. Bellefonte Area School District and K. Frederick Mauger, Superintendent, No. 7 January Term, 1971.
William A. Hebe, with him Spencer and Gleason, for appellant.
John R. Miller, with him Miller, Kistler, Campbell & Mitinger, Inc., for appellees.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Crumlish, Jr. Dissenting Opinion by Judge Blatt. Judge Wilkinson joins in this dissent.
[ 16 Pa. Commw. Page 611]
This is an appeal from a decision and order of the Court of Common Pleas of Centre County, dated May 9, 1973, which affirmed the action of the Superintendent of Bellefonte Area School District in giving teacher, Gladys C. Hosler, (Hosler) an unsatisfactory rating.
[ 16 Pa. Commw. Page 612]
Hosler was employed during the school year 1969-1970 by Bellefonte Area School District as an art teacher with the status of "temporary employe." During the month of August, 1970, a vacancy in an art teaching position occurred in the School District. On August 19, 1970, Hosler wrote the Superintendent of Schools, Dr. Mauger, advising him that a friend of Hosler was "immediately available for a position in this area." The friend, Miss Merriam, was interviewed by Doctor Mauger and another administrator of the School District and was hired on September 1, 1970.
On September 22, 1970, Doctor Mauger learned through a newspaper article that Merriam had been hired by another school district late in August, 1970 and that she had failed to give that district the contractually required sixty (60) days notice of termination of her contract before she accepted employment with the Bellefonte School District.
On October 20, 1970, Hosler was given an unsatisfactory rating by Doctor Mauger in the areas of professional relationships and judgment. The basis for this unsatisfactory rating was Hosler's representation in her letter of recommendation to Doctor Mauger that Merriam was "immediately available" for employment, when it was within her knowledge that Merriam had signed a contract with another school district.
An action in equity was subsequently filed by Hosler against Bellefonte Area School District and Doctor Mauger*fn1 alleging that the unsatisfactory rating of October 20,
[ 16 Pa. Commw. Page 6131970]
was given arbitrarily and capriciously, and asking that rating be removed from Hosler's personnel file.
A hearing was held on January 6, 1972, before the Honorable R. Paul Campbell of the Court of Common Pleas of Centre County, who after taking testimony and reviewing briefs, dismissed Hosler's Complaint. Timely exceptions were filed and later dismissed. A final Order, dated May 9, 1973, was entered. This Order has been appealed to this Court.
It should be noted that findings of fact made by the Chancellor in a court of equity when confirmed by the court en banc, will not be reversed on appeal if they are supported by adequate evidence. Eways v. Reading Parking Authority, 385 Pa. 592, 124 A.2d 92 (1956).
The court below determined that the information given the Superintendent concerning the employment status of Merriam was "false and misleading" and that the Superintendent exercised his discretion in good faith and did not act arbitrarily and capriciously in giving the Appellant an unsatisfactory rating. We must disagree.
The essential factual issue involved here is whether the Appellant's statement in her letter of recommendation that Merriam was "immediately available" was "false and misleading." A review of the testimony reveals that the Appellant knew when she wrote the letter that Merriam had signed a contract with Philipsburg Osceola School District. In addition, Appellant testified she was aware of a 60 day notice provision before termination was a part of a temporary professional employe contract, and that Merriam had signed such a contract. Appellant also testified that (1) she had no knowledge of the legal effect of the 60 day notice provision; (2) that she stated Merriam was "immediately available" because she knew that Merriam was not going to work under any condition for the Philipsburg Osceola School District,*fn2
[ 16 Pa. Commw. Page 614]
and (3) that she was prepared to teach in the Bellefonte School District the first day of school. From this the Chancellor determined that the information supplied was "false and misleading" and that the Superintendent had relied on these assertions.
The terms "false and misleading," as used in the context of Doctor Mauger's explanation for the unsatisfactory rating and in the lower court's opinion, indicate a belief that there was some degree of conscious deception on the part of the Appellant. We have reviewed the record thoroughly and we cannot find any evidence to support this position. Even though the Appellant had a similar contract and was aware of the 60 day notice provision, Appellant cannot be held to an understanding of the full legal ramifications of a breach of this provision. Nor does the familiarity of Appellant with a similar contract necessarily support a determination that Appellant misled Mauger. Although many inferences can and have been drawn, the present record fails to disclose adequate evidence to support the conclusion that Appellant's letter contained "false and misleading" information. Although other interpretations may be given to "immediately available," it cannot be overlooked that Merriam was at work the first day of school and so under a practical interpretation, she was "immediately available." Since the reason given for the unsatisfactory rating was "false and misleading" information, and we have held that there is not adequate evidence to support this determination, the unsatisfactory rating must be removed and accordingly we enter the following
And Now, this 2nd day of January, 1975, the Order of the Court of Common Pleas of Centre County dated May 19, 1973, is reversed and the case is remanded with direction to remove the unsatisfactory rating from Hosler's personnel file.
Reversed and remanded.
[ 16 Pa. Commw. Page 615]
Dissenting Opinion by Judge Blatt
I respectfully dissent.
The majority opinion notes the questionable nature of this action as being one in equity, but, even accepting arguendo that this is a proper form of action, I cannot agree that the proper conclusion has been reached.
Under all of the circumstances here, the information given by the appellant to the superintendent was not the whole truth as she knew it. Nor was it the whole truth as her position vis a vis the superintendent demanded that she tell it. While she may have chosen her words so as to be technically correct within the limits of her response, she must certainly have known enough of the legal obligations involved to realize that her answer was in essence misleading. When the superintendent discovered it to be so, it seems to me that he was clearly justified in entering his criticism as he did on her personnel record. And, when the court below heard and considered all of the evidence, it seems to me that the court was clearly justified in upholding the superintendent's action.
It is not within the province of this Court to reverse adequately supported findings of the court below, and I believe that the finding here was adequately supported by the evidence in the record.
Judge Wilkinson joins in this dissent.
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Urban Offsets Financing
Urban Offsets, Inc., Corporation just submitted form D for $300,000 equity financing. This is a new filing. Urban Offsets was able to fundraise $300,000. That is 100.00% of the round of financing. The total private financing amount was $300,000. The offering form was filed on 2016-10-04. The reason for the financing was: Proceeds will be used for working capital, which may include normal compensation to executive officers..
Urban Offsets is based in North Carolina. The company's business is Other Technology. The form was submitted by Shawn Gagne CEO. The company was incorporated in 2015. The filler's address is: 111 West Lewis Street, Greensboro, Nc, North Carolina, 27416. Shawn Gagne is the related person in the form and it has address: 111 West Lewis Street, Greensboro, Nc, North Carolina, 27416. Link to Urban Offsets Filing: 000168594016000001.
Analysis of Urban Offsets Offering
On average, firms in the Other Technology sector, sell 85.80% of the total offering size. Urban Offsets sold 100.00% of the offering. Could this mean that the trust in Urban Offsets is high? The average offering size for companies in the Other Technology industry is $1.54 million. The offering was 80.52% smaller than the average of $1.54 million. Of course this should not be taken as negative. Companies raise funds for a variety of needs and reasons. The minimum investment for this fundraising is set at $0. If you know more about the reasons for the financing, please comment below.
What is Form D? What It Is Used For
Form D disclosures could be used to track and understand better your competitors. The information in Form D is usually highly confidential for ventures and startups and they don't like revealing it. This is because it reveals amount raised or planned to be raised as well as reasons for the financing. This could help competitors. Entrepreneurs usually want to keep their financing a 'secret' so they can stay in stealth mode for longer.
Why Fundraising Reporting Is Good For Urban Offsets Also
The Form D signed by Shawn Gagne might help Urban Offsets, Inc.'s sector. First, it helps potential customers feel more safe to deal with a firm that is well financed. The odds are higher that it will stay in the business. Second, this could attract other investors such as venture-capital firms, funds and angels. Third, positive PR effects could even bring leasing firms and venture lenders.
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Quote:Sorry to be a nag, but could you possibly give us an estimated date when you will take mail orders again? No CC but I still want to order from you. I'm sure a lot of people are wondering the same thing. Thanks.
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Pulse is seeking a registered nurse who comes with recent experience in a medical or surgical ward. Our Tunbridge Wells based client is part of a large acute hospital trust in the south east of England and provides a full range of general hospital services, and some areas of specialist complex care to the communities of south of West Kent and the north of East Sussex. The successful registered nurse will benefit from working within their own flexible availability and weekly payroll. Your role will include; writing and implementing patient care plans, observing and recording the condition of patients, carrying out routine investigations and responding to emergencies in a timely and compassionate manor.
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To apply for this role, simply complete the form below and attach a copy of your CV if you have one.
Pulse have many other vacancies available in your area. Contact your local branch for more information.
Pulse is an employment agency/employment business (as defined by the Conduct of Employment Agencies and Employment Businesses Regulations 2003) and is acting on behalf of its client in relation to this vacancy.


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Handbook of Research on Management Ideas and Panaceas
Adaptation and Context
Research Handbooks in Business and Management series
Edited by Anders Örtenblad
Chapter 15: The creativity of organizations in taking corporate social responsibility: handling conflicting institutional demands
Stephan Bohn, Anne Galander and Peter Walgenbach
It is a challenge for companies to simultaneously follow corporate social responsibility (CSR) and the profit maximization premise as principles guiding their activities. Handling conflicting demands is a topic of increasing interest in institutional literature. We use the case of CSR implementation to develop a model of the organizational implementation and handling of emerging conflicting institutional demands. We build on and differentiate between the well-established theoretical concepts of isomorphism, translation and decoupling on different implementation levels. We argue that it is necessary to distinguish between a rhetorical and a structural handling. We further show that companies apply a strategy that creates tolerance for ambivalence.
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- Daily New Followers 0
ひよりん Twitter Stats
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Newell Cross Country
- Another successful season: Newell prepped for great state finishrapidcityjournal.com
- Newell girls team, two boys qualify for State B meetrapidcityjournal.comHarding
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The ISP have also made the new Sky Q broadband hub available to all - for a cost.Read more »
Media news
Page 12
Vaizey slams advertising standards for broadband, but praises Ofcom's efforts on fairer switching.Read more »
BT have raised the speeds it's possible to get with Infinity 1 to more than 50Mb. We explore why.Read more »
Not totally happy with new Vodafone contract? Return within 30 days, no questions asked.Read more »
Letter to the European Commission stresses CMA's determination to have UK keep four main mobile networks.Read more »
#Nofilters needed for photos taken with Huawei's new flagship smartphones, the P9 and P9 Plus.Read more »
Virgin add another Big Bundle and a range of new offers to tempt potential customers.Read more »
More generous data limits for pay monthly mobile SIM only and handset customers launched.Read more »
"Recordings to go" update to EE TV app turns mobile devices into even more powerful remotes.Read more »
Ahead of the iPhone SE and new iPad Pro being available on pre-order, we look at what they're like.Read more »


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Is Summerbody Moisturising Lotion for me?
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A treat from Boots.. we* pay your delivery! when you order between 2nd December - 5th December, £80 minimum spend required.
*Delivery is provided by Boots Delivery Services Ltd. Boots UK Ltd will pay the delivery charge on behalf of the customer.
£3.66 or 366 points
250 ML £1.46 per 100ML
Save £1.83
Was £5.49
A moisturising lotion for a sun-kissed look, with natural extract of Apricot. Effective 12 hour moisturisation which gradually builds a tan.
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Delivery outside of the UK excluding Republic of Ireland is provided to you by Boots Delivery Services Ltd. Boots UK Ltd receives all delivery payments on behalf of Boots Delivery Services Ltd.


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10 Things You Should Know About Stroke - 2 hours ago
Cooking oil prices to range between RM3.70 and RM3.90 per kilo - 7 hours ago
Street Dog lovers | Anweshanam 26 Oct 2016 - 8 hours ago
Anti-Mining Protest at Hazaribagh | Akalangalile India 26 Oct 2016 - 8 hours ago
Officials Sabotage Tribal Society works | Asianet News Investigation - 8 hours ago
Bird flu affected Ducks killed to keep disease from spreading - 9 hours ago
K. T. Jaleel response to Invoke KAAPA against those who kill street dogs - 9 hours ago
Malaysia keen to learn from China - 9 hours ago
Kochouseph Chittilappilly's responds to Invoke KAAPA against those who kill street dogs - 9 hours ago
Five-day CarSifu Auto Show 2016 kicks off at 1 Utama - 9 hours ago
Ramdev's Patanjali Allotted 3800 Acre Land in Assam
It's the first test for Assam Chief Minister Sarbananda Sonowal as the Bodoland Peoples Front (BPF) has invited the ire of the Krishak Mukti Sangram Samiti for allotting 3,800 hectares to Baba Ramdev's Patanjali Trust. The BPF is an ally of the BJP in the state.
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Neem & Shea Butter Skin Recovery Face Cream
We recommend this powerful moisturizing cream for skin needing intensive treatment. Traditionally extracted neem oil and unrefined shea butter work together in a maximum healing and hydrating formula. Neem leaf extracts and kpangnan butter add toning and antioxidant properties in this soothing cream that restores your skin's natural luminosity. For troubled skin types, ultra dry to acne-prone.
Neem Leaf (Azadirachta indica) Extract (aqueous), Handcrafted shea (Butyrospermum parkii) Butter, Kpangnan (Pentadesma butyracea) Butter, Vegetable Emulsifying Wax, Handcrafted Neem (Azadirachta indica) Oil, Stearic Acid, Esential oils of Lavender, Lemongrass, Patchouli and Tea Tree, Phenoxyethanol, Potassium Sulfate, Limonene, Ascorbic Acid (Vitamin C).
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Apply to face daily after cleansing with our Neem & Black Soap Recovery Cleanser to hydrate and soothe your skin.
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Location: Medway, Kent, UK | Posted By: PremierHouseboats
|01634 256946
|Zip Code:
|Medway, Kent, UK
Premier Houseboats are pleased to present Anne, a Thames racing barge built to commercial standards, available on a residential mooring, ideal for conversion or to place a quality mobile home on top.
Anne has been well looked after, and in 2015 had an entire new bottom of 6mm steel to the water line at a cost of nearly £20k. Anney offers full headroom below deck, to have a lower level if being fully converted, or for storage if your idea is to place a quality mobile on top.
The deck has a flat middle space of 40' by 16, so ideal to place a good sized quality mobile unit on top, which would also leave over 10' at each end for an outside space. This barge offers an impressive beam for its length, further enhancing the conversion opportunities.
An extremely well maintained barge, that offers the opportunity to live afloat with affordable ongoing costs, Anne is an ideal opportunity.
Vessel name: Anne
Year constructed: 1960
Length over all: 60'
Beam: 16'
Maximum draft: 3'
Hull material: Steel
Hull type: Flat
Premier Houseboats offers the details of this advert in good faith as it was presented by the seller or his representative but cannot guarantee or warrant the accuracy of this information nor warrant the condition of the described item within this advert. A buyer should instruct his agents, or his surveyors, to investigate such details as the buyer desires validated. The Item described within this advert is offered subject to prior sale, price change, or withdrawal without notice.
The BOATBOSS's Classified Ads, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post ads and/or to view ads posted by other users or interact with those users. The BOATBOSS's Classified Ads is owned and operated by BOATBOSS's Classified Ads Web Site. The BOATBOSS's Classified Ads contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the BOATBOSS's Classified Ads that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles ("Interactive Areas").
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