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United States District Court, Northern District of Illinois, Eastern Division
May 12, 2003
ONCOLOGY THERAPEUTICS NETWORK JOINT VENTURE, L.P., PLAINTIFF,v.OLYMPIA FIELDS INTERNAL MEDICINE ASSOCIATES, S.C., (INC.) D/B/A HORIZON HEALTHCARE ASSOCIATES, S.C. AND OLYMPIA FIELDS EYECARE, LTD., DEFENDANTS.
Plaintiff, Oncology Therapeutics Network Joint Venture, L.P. ("Oncology"), moves this Court for Summary Judgment, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Defendant Olympia Fields Eyecare, Ltd. ("Eyecare") has filed a Motion to Dismiss, which the Court will address in a separate order. For the reasons set forth below, the Court grants Plaintiff's Motion for Summary Judgment against defendant Olympia Fields Internal Medicine Associates, S.C. d/b/a horizon Healthcare Associates, S.C. ("OFIMA"), under the theory of account stated.
Oncology is a Delaware limited partnership, based in California, that manufactures and sells pharmaceuticals used in the treatment of cancer. (Plaintiff's Memo at 1.) OFIMA is a general medical practice with its principal place of business in Illinois, at 2605 West Lincoln Highway in Olympia Fields. (OFIMA's Resp. at 2.) Eyecare is an ophthalmology medical practice with its principal place of business in Illinois, located at 2555 West Lincoln Highway in Olympia Fields. (Oncology's Statement of Facts at 2.)
Oncology claims that OFIMA and Eyecare failed to pay for pharmaceuticals ordered by and delivered to OFIMA. Oncology presents twenty-three invoices for merchandise that it has shipped, but for which it has not received payment in full, as well as seven invoices for finance charges related to the unpaid invoices.*fn1 (Mot. Sum. J. Ex. 2.) Each of these invoices states that the customer is "Olympia Fields Internal Med.," and lists the customer's address as "2605 W. Lincoln Hwy. #130" in Olympia Fields, Illinois. (Id.) The invoices for merchandise total $135,401.95, and the invoices for finance charges total $9,765.85.*fn2 (Id.)
OFIMA acknowledges that it ordered merchandise from Oncology, that it accepted merchandise from Oncology, and that it received invoices from Oncology for the merchandise and the finance charges. (OFIMA Answer at 5, 6.) Further, OFIMA has paid $15,842.54 towards the merchandise balance. Also, OFIMA has introduced rebate vouchers for $6,829.64, which OFIMA states were issued by Oncology toward the outstanding merchandise balance. The evidence also indicates that Oncology and OFIMA attempted to resolve this dispute by agreeing to a payment plan, which, apparently, was unsuccessful.
Nevertheless, the evidence clearly demonstrates that OFIMA has never entered into a written contract with Oncology. (Reply to Statement of Add'l Uncontested Facts at 2; Jennetten Aff. at ¶ 4.) Oncology admits as much, but bases its contract claim upon the contract it has with Eyecare. Eyecare entered into a written credit contract with Oncology in March 1995. (Am. Compl. Ex. 1.) This contract stipulated that Eyecare would incur a finance charge on invoices that were more than seventy-five days past due at a rate of twelve percent per annum, and that, in the event of default by Eyecare, Oncology would be entitled to reasonable attorney's fees and collection costs. (Id.) This agreement listed Eyecare's address as "2555 W. Lincoln Hwy.," and was signed by Eyecare's president, Sharon Burke. (Id.)
Eyecare concedes that it entered into a contract with Oncology, but denies ordering any goods from Oncology and denies that it and OFIMA are related business entities. OFIMA and Eyecare have each introduced affidavits that state that they have no common ownership, no common business, no common employees, and no common shareholders, directors, or officers (Jennetten Aff. at ¶ 3; Burke Aff. at ¶ 4.) Further, Sharon Burke, M.D., president of Eyecare and signatory to the contract, is not an owner, employee, or agent of OFIMA. (Id. at ¶ 6.)
The Court will grant summary judgment only if the pleadings and supporting documents show that there is "no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. CIV. P. 56(c) (2003). A genuine issue of material fact exists if the "evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The moving party initially bears the burden of showing that the record contains no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). The Court will "construe all facts in the light most favorable to the non-moving party and draw all reasonable and justifiable inferences in favor of that party." Shank v. William B. Hague, Inc., 192 F.3d 675, 681 (7th Cir. 1999).
To survive summary judgment, the non-moving party must present evidence that creates more than a "metaphysical doubt as to the material facts." Matsushita Elec. Indus., Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Additionally, "mere conclusory" allegations are inadequate. Nowak v. St. Rita High School, 142 F.3d 999, 1002 (7th Cir. 1998). The non-moving party will not survive summary judgment if it cannot present sufficient evidence to support each element of its case on which it will bear the burden of proof at trial. Celotex, 477 U.S. at 322.
Under Local Rule 56.1, the party moving for summary judgment must submit a statement of material facts, written in short numbered paragraphs with citations to admissible evidence. Smith v. Lamz, 321 F.3d 680, 682 (7th Cir. 2003). The opposing party must respond to each paragraph by either admitting or denying the allegations and specifically citing to supporting materials showing that there is a genuine factual dispute. Loc. R. 56.1(b)(3)(A). The opposing party may file a statement of additional facts that would defeat summary judgment, using the same form of numbered paragraphs with supporting citations. Loc. R. 56.1(b)(3)(B). Finally, the moving party may file a reply to any additional facts submitted by the opposing party. LOC. R. 56.1(a).
In a summary judgment proceeding, the Court will disregard all facts not properly supported by the record. Brasic v. Heinemann's Inc., 121 F.3d 281, 284 (7th Cir. 1997). Once properly supported, "all material facts set forth in the statement required of the moving party will be deemed admitted unless controverted by the statement of the opposing party." Loc. R. 56.1(b)(3)(B). Similarly, all material facts properly supported in the opposing party's Rule 56.1(b)(3)(B) statement "will be deemed admitted unless controverted by the (reply) statement of the moving party." Loc. R. 56.1(a). Failing to support one's statement with a citation to the record is equivalent to an admission of the other party's factual assertions. Garrison v. Burke, 165 F.3d 565, 567 (7th Cir. 1999).
Finally, to succeed on a motion for summary judgment, the plaintiff must present admissible evidence to support the claim. Haywood v. Lucent Technologies, Inc., 323 F.3d 524, 533 (7th Cir. 2003). "[H]earsay evidence is inadmissible in summary judgment proceedings to the same extent that it is inadmissible in a trial." Eisenstadt v. Centel Corp., 113 F.3d 738 (7th Cir. 1997).
Oncology raises several alternate theories of liability against OFIMA. First, Oncology asserts that OFIMA is in breach of contract, and that, under the terms of this contract, Oncology is entitled to interest charges and collection fees in addition to the amount owed for merchandise. Next, and alternatively, Oncology contends that it is entitled to recover under quasi-contractual or implied-in-law theories of recovery; specifically, under theories of unjust enrichment and quantum meruit. Oncology further requests that the Court permit Oncology to recover under the theory of account stated, because the parties mutually assented to the terms of the sales represented by the invoices. Neither party disputes that OFIMA ordered and received the merchandise from Oncology, and that, therefore, OFIMA is liable to Oncology. Instead, the parties dispute the amount of this liability*fn3.
1. Breach of Contract
To recover under a breach of contract theory, Oncology must first demonstrate the existence of a valid, enforceable contract. Kellers Systems, Inc. v. Transport Int'l Pool, Inc., 172 F. Supp.2d 992, 997 (N.D. Ill. 2001). An enforceable contract requires both "a sufficiently concrete expression of the essential terms of the agreement" and a manifestation of intent to be bound by that agreement. Ocean Atlantic Development Corp. v. Aurora Christian Schools, Inc., 322 F.3d 983, 995 (7th Cir. 2003). Such an agreement must be premised on the mutual assent of both parties to the terms of the contract, or in other words, the parties must have had "a meeting of the minds." Academy Chicago Publishers v. Cheever, 578 N.E.2d 981, 984 (Ill. 1991). The obligations of a contract cannot be enforced against an entity that is not a party to the contract. Pararo v. Sink, LLC, NO. 01 C 6956-57, 2002 WL 31687671, at *6 (N.D. Ill. Nov. 27, 2002). Furthermore, in Illinois, contracts for the sale of goods in excess of $500 must be in writing. 810 ILL. COMP. STAT. § 5/2-201 (West 2003); Cloud Corp. v. Hasbro, Inc., 314 F.3d 289 (7th Cir. 2002) (discussing the Illinois Statute of Frauds.)
In the case at bar, Oncology has not introduced any admissible evidence to support the existence of a contract with OFIMA that governs the sale of the merchandise at issue. Rather, Oncology has introduced evidence of a contract that it entered into with Eyecare. This contract was entered into by Sharon Burke, president of Eyecare, and listed Eyecare's business address. This contract does not, however, contain any reference to OFIMA, does not name any employees or owners of OFIMA, and does not list OFIMA's business address. Further, Oncology has not introduced any evidence of a privity relationship between OFIMA and Eyecare.
Instead, Oncology has introduced a statement made by Laura Bennett, Financial Services Manager for Oncology, that "12 was informed that [OFIMA] had assumed all, of the obligations of Eyecare." (Bennett Aff. Dec. 11, 2002 at ¶ 7.) Since this statement is offered as an attempt to prove that OFIMA did, in fact, assume Eyecare's obligations, it is inadmissible hearsay and may not be used to support Oncology's position. FED. R. EVID. 801. If Oncology had direct, admissible evidence indicating that OFIMA did assume Eyecare's obligations, it was obligated to produce this evidence in support of its motion for summary judgment. Caisse Nationale de credit Agricole v. CET Industries, Inc. 90 F.3d 1264, 1270 (7th Cir. 1996) (parties must "wheel out all [of their] artillery" at the summary judgment stage.)
Oncology attempts to rely upon indirect evidence to establish the necessary privity between OFIMA and Eyecare. Ms. Bennett's affidavit states that OFIMA "made payments against the outstanding balance under Eyecare's accounts and ordered more goods under that account." (Bennett Aff. Dec. 11, 2002 at ¶ 7.) However, Eyecare has submitted an affidavit, uncontested by Oncology, demonstrating that, although it had a purchase agreement with Oncology, Eyecare never actually purchased merchandise from Oncology and, therefore, had no outstanding balance for OFIMA to assume. Oncology does not attempt to dispute this. Under these circumstances, Ms. Bennett's affidavit merely raises an inference that Oncology improperly attributed OFIMA's purchase orders to Eyecare's accounts.
Because there is no evidentiary support for Oncology's claim that OFIMA assumed liability for Eyecare's contracts generally, or the Eyecare/Oncology account specifically,*fn4 the Court denies Plaintiff's Motion for Summary Judgment on Count I of its First Amended Complaint.
2. Quasi-Contractual Theories
A quasi-contractual relationship may be implied in the absence of an express contract between the parties under the theories of unjust enrichment and quantum meruit. Ahn v. Midway Mfg. Co., 965 F. Supp. 1134, 1140 (N.D. Ill. 1997). These are generally synonymous causes of action*fn5. See Johnson v. Gudmundsson, 35 F.3d 1104, 1114 n. 7 (7th Cir. 1994). A quasi-contractual claim is established where the defendant has unjustly retained a benefit conferred by the plaintiff contrary to "fundamental principles of justice, equity, and good conscience." HPI Health Care Serv., Inc. v. Mt. Vernon Hosp., 545 N.E.2d 672, 678 (Ill. 1989). Quasi-contractual recovery is independent of any agreement between the parties or the intentions of the parties, but rather is based on the surrounding facts and circumstances. Century 21 Castles By King, Ltd. v. First Nat. Bank of Western Springs, 524 N.E.2d 1222, 1225 (Ill.App. 2 Dist. 1988). "In fact, the intention of the parties is entirely disregarded." Village of Bloomingdale v. CDG Enterprises, Inc., 752 N.E.2d 1090, 1102 (Ill. 2001).
Recovery on an unjust enrichment cause of action requires that the plaintiff demonstrate that (1) it performed services, (2) the benefit of these services was conferred upon the defendant, and (3) it is unjust for the defendant to retain the benefit without compensating the plaintiff. First Nat'l Bank of Springfield v. Malpractice Research, Inc., 688 N.E.2d 1179, 1185 (Ill. 1997). Under quasi-contractual theories of recovery, the plaintiff is entitled to recover an amount that is "`just.'" Midcoast Aviation, Inc. v. General Elec. Credit Corp., 907 F.2d 732, 745 (7th Cir. 1990). This is the lower of either the amount that the defendant was unjustly enriched by, or the economic cost to the plaintiff of providing the benefit to the defendant. Id.
Oncology has established all of the elements of its unjust enrichment claim against OFIMA. OFIMA does not contest that Oncology conferred a benefit on OFIMA by shipping merchandise to OFIMA, and that OFIMA has not compensated Oncology for this benefit. It would certainly be unjust for OFIMA not to compensate Oncology for this merchandise. OFIMA recognizes that it owes a debt to Oncology, and has, in fact, made payments on these invoices to Oncology. Additionally, OFIMA does not allege that the merchandise was shipped gratuitously by Oncology, and neither party has introduced sufficient evidence to demonstrate that there is a valid contract that governs the shipment of this merchandise. Thus, the only actual dispute is the "just" or "reasonable" amount of recovery to which Oncology is entitled.
Oncology insists, of course, that its list price for the merchandise ordered and received by OFIMA is the ideal starting point for determining the reasonable value of the goods in question. OFIMA counters that the list or invoice price of merchandise is not necessarily its reasonable value, citing North American Lighting, Inc. v. Hopkins Mfg. Corp., 37 F.3d 1253, 1259 (7th Cir. 1994). But OFIMA's reliance on North American Lighting is misplaced.
The parties in North American Lighting called on the court to determine the reasonable value of the use of a defective machine by the purchaser from the time the machine was delivered to the purchaser, to the time the purchaser rejected and returned the machine. Id. The plaintiff sold a machine used to test automotive light bulbs during their manufacture to the defendant. Id. at 1255. The machine, however, provided measurements that at times differed by more than 100% from the known value, and consequently was of only limited use to the purchaser. Id. After possessing the machine for about two years, the purchaser returned the machine to the seller, and the court held that this effected a proper revocation of acceptance. Id. at 1258-59. The seller, however, counterclaimed on a theory of quantum meruit for the reasonable lease value of the machine during the time that the buyer possessed and used the machine. Id. at 1259. The court remanded the case to the district court for consideration of the appropriate rental value in light of the actual rental payments made by other customers and other pertinent factors. Id. Thus, this case does not establish that the reasonable value of merchandise is different from the invoice or list price, since there was no list or invoice price established for the rental value of the machine.
OFIMA claims that the reasonable value of the drugs it received is lower than its list price, because the amount that OFIMA is reimbursed for those drugs by insurance companies and patient co-payments may be less than the list price of that drug. OFIMA asserts that Oncology charged $78.50 for a unit of Anzemet in January and February 2000, but that OFIMA only received $13.26 in total reimbursement from insurance companies and patient co-payments. (Jennetten Aff. at ¶ 12.) Further, OFIMA asserts that "the amount that OFIMA recovered from [a] managed care program for certain drugs sold by [Oncology] to OFIMA was less than the price for the drug stated on the invoices." (Id. at ¶ 13.)
Neither of these assertions is relevant to the determination of the reasonable value of the merchandise at issue. None of the submitted invoices list charges for a product named Anzemet, nor do they contain any merchandise for a unit price of $78.50. The invoices at issue are dated March 1, 2000, and later, such that the amount charged by Oncology for different drugs in January and February 2000 is not relevant to this dispute. Further, the reasonable value of the merchandise must be considered with respect to OFIMA, not a third party unrelated to the litigation. The reasonable value to an insurance company or managed care program would only be relevant if that company or program were itself a defendant in an unjust enrichment action. The amount that a health care provider recovers from an insurance company or patient could be influenced by numerous factors unrelated to this dispute and consequently has no bearing on the outcome.
Finally, OFIMA asserts that the determination of the reasonable value in a quasi-contractual claim is purely a question of fact, thereby rendering such a claim inappropriate for decision on summary judgment, citing Ellis v. Photo America Corp., 447 N.E.2d 852, 857 (Ill.App. 1 Dist. 1983). Although the Court disagrees that the Ellis case is directly on point, the Court agrees that determining "just" compensation under the equitable doctrine of unjust enrichment frequently requires consideration of numerous factual issues not presently before the Court*fn6. The Court need not resolve this dilemna, however, because Oncology's recovery can be readily determined under its account stated theory of recovery. Shintom America, Inc. v. Car Telephone, Inc., No. 92 C 6131, 1994 WL 11663, at *2 (N.D. Ill. Jan. 5, 1994) (prohibiting plaintiff from recovering under multiple theories, noting that "the theories of breach of contract, unjust enrichment, and account stated `are merely different bases for a single recovery.'") (quoting Ind. Harbor Belt RR Co. v. American Cyanamid Co., 860 F.2d 1441, 1445 (7th Cir. 1988)).
3. Account Stated
"An account stated is an agreement between parties who have previously conducted monetary transactions that the account representing the transactions between them is true, and that the balance is accurate, together with a promise to pay such balance." Toth v. Mansell, 566 N.E.2d 730, 734 (Ill.App. 1 Dist. 1990). The parties' agreement must be a manifestation of their mutual assent. Protestant Hospital Builders Club, Inc. v. Goedde, 424 N.E.2d 1302, 1306 (Ill.App. 5 Dist. 1981)
An account stated claim may arise where one party renders a statement of the account to the other, and the receiving party does not object to the statement within a reasonable period of time. Allied Wire Products, Inc. v. Marketing Techniques, Inc., 424 N.E.2d 1288, 1296-97 (Ill.App. 1 Dist. 1981). By retaining the statement without objection, the debtor and creditor are deemed to have had a meeting of the minds as to the amount owed. Eastman Kodak Co v. T-KX-Ray, Ltd, No. 94 C 3281, 1995 WL 571460, at *4 (N.W. Ill. Sept. 25, 1995). Thus, unlike a quasi-contractual theory based on the facts and circumstances of the case, recovery by account stated seeks to enforce the intent of the parties in the absence of an express contract*fn7. This is an implied in fact contract that seeks to enforce the intent of the parties.
An account stated claim "is merely a form of proving damages for the breach of a promise to pay on a contract." Dreyer Med. Clinic, S.C. v. Corral, 591 N.E.2d 111, 114 (Ill.App.2d Dist. 1992). Additionally, an account stated only determines the amount of the debt, and does not itself create liability. Sexton v. Brach, 464 N.E.2d 284, 286 (Ill.App. 3 Dist. 1984). "Assent to an account stated may be shown by payment or part payment of the balance," as shown in a written statement. In re Marriage of Angiuli, 480 N.E.2d 513, 518 (Ill.App. 2 Dist. 1985).
The invoices at issue in this case are dated between March 1, 2000 and May 11, 2000. Neither party has introduced any evidence that OFIMA objected to these invoices prior to the filing of this lawsuit. The fact that OFIMA did not object to these invoices for a period exceeding a year is sufficient evidence that OFIMA assented to the amount stated. In addition, the fact that OFIMA has begun to make payments on the account balance further demonstrates OFIMA's intent to assume liability. Consequently, OFIMA has implied its consent to purchase the merchandise at the price stated in the invoices.
Therefore, OFIMA has implied its consent to purchase the merchandise listed on the invoices for the stated prices, as well as the finance charges, which totals $144,163.14. However, this sum must be reduced by the payments previously made by OFIMA, in the amount of $15,842.54. OFIMA has also introduced evidence of credit memos issued by Oncology to offset the balance by an additional $6,829.64. Although Oncology denies that OFIMA is entitled to these credits, it has failed to present evidence rebutting OFIMA's submission of the credit memos. Thus, OFIMA remains liable to Oncology for a total of $121,490.96. Summary judgment is granted in favor of Oncology in this amount.
For the aforementioned reasons, the Court finds that Oncology has successfully established that it is entitled to recover the outstanding balances in the amount of $121,490.96 from OFIMA. The Court finds that Oncology has failed to establish that it has a valid written contract with OFIMA. Although Oncology has successfully established all of the elements of its unjust enrichment claim against OFIMA, ordinarily, the determination of the reasonable value of Oncology's equitable claim would be better left to a jury to decide. However, Oncology has demonstrated that it is entitled to recover a definitive sum under its account stated theory of recovery.
IT IS THEREFORE ORDERED that Plaintiff's Motion for Summary Judgment be, and the same hereby is, GRANTED. Defendant OFIMA will pay to Plaintiff Oncology the sum of $121,490.96.
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Do specific dietary constituents and supplements affect mental energy? Review of the evidence
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September 28, 2011
MARC ANTWAIN X. RIVERS MUHAMMAD, SR., PLAINTIFF,v.GERRY LYNN BUTLER, VINCENT CAPPELLINI, LUZERNE COUNTY CHILDREN & YOUTH SERVICES, LUZERNE COUNTYCOURT OF COMMON PLEAS ORPHANS COURT, THE SUPERIOR COURT OF PENNSYLVANIA, THE SUPREME COURT OF PENNSYLVANIA AND JOHN BELLINO, DEFENDANTS.
Presently before the Court is Plaintiff's Motion for Reconsideration of the Court's dismissal of his complaint. Because Muhammad failed to demonstrate new evidence, a change in law, or an error, the motion will be denied. The Court also reviews Plaintiff's Amended Complaint pursuant to 28 U.S.C. § 1915(e)(2). Because it fails to state a claim upon which relief can be granted, the complaint will be dismissed.
I. Background
A. Factual Background
The following is a summation of the facts as alleged in Muhammad's amended complaint, stated in the light most favorable to him:
Plaintiff March Antwain X. Rivers Muhammad, Sr. is a black Muslim with a son named Alonzo. In May of 2002, Muhammad was denied all visitation with Alonzo.
Muhammad challenged this visitation order in court. In March of 2006, while Muhammad was incarcerated, Luzerne County Children & Youth Services (LCCYS) filed a petition to terminate the parental rights of Muhammad in regard to Alonzo. Defendant Vincent Cappellini was appointed as counsel to represent Muhammad during the termination of parental rights proceedings. Defendant John Bellino was appointed as the child's guardian ad litem.
At the hearing, LCCYS caseworker Gerry Lynn Butler testified falsely and withheld documents showing that Muhammad had fully complied with all of LCCYS's requests. In particular, LCCYS falsely represented that Muhammad had not performed any parental duties during his incarceration, had not contributed to the support of Alonzo, had not sent any gifts or cards, and had not complied within the appropriate time period with the court ordered services outlined in his Family Service Plan. That Plan's objectives included drug and alcohol and mental health services, to be provided by the institution in which Muhammad was incarcerated, with a "projected completion date" of May, 2006. Butler received documentation that Muhammad completed alcohol and drug education in March of 2005 and completed a mental health evaluation in November of 2004, but purposely did not bring the records so that she would not have to testify about them. Muhammad had also sent Cappellini copies of these records and requested that Cappellini introduce them as evidence at the hearing, but Cappellini did not. Cappellini also failed to sufficiently cross-examine Butler about the records.
The Luzerne County Court of Common Pleas terminated Muhammad's parental rights. The Common Pleas Court purposely ignored the briefs filed by Muhammad in his own defense. Muhammad appealed the order to the Superior Court of Pennsylvania, on the grounds that, among other things, Cappellini provided ineffective assistance of counsel. The Superior Court denied Muhammad's appeal without addressing his ineffective assistance of counsel claim. The Supreme Court of Pennsylvania denied Muhammad's petition for allowance of appeal.
The actions of Butler, Cappellini, LCCYS, the Common Pleas Court, and the Superior Court all stemmed from a conspiracy between them to deprive Muhammad of his parental rights. The motivation behind this conspiracy was animus against Muhammad's race and a desire to prevent Muhammad from raising his son as a Muslim.
Muhammad now brings claims against the Defendants Butler, Cappellini, LCCYS, the Common Pleas Court, and the Superior Court under 42 U.S.C. §§ 1985(2) and 1985(3). He brings claims against the Supreme Court under 42 U.S.C. § 1986. Muhammad is seeking one billion dollars in damages.
B. Procedural History
Magistrate Judge Smyser reviewed Muhammad's first complaint pursuant to 28 U.S.C. § 1915(e)(2). He recommended that the complaint be dismissed with prejudice. (Doc. 6.) On July 25, 2011, I issued an order adopting in part and rejecting in part Magistrate Judge Smyser's Report and Recommendations, dismissing the complaint but granting Muhammad leave to amend within twenty-one days. (Doc. 9.)
Muhammad filed a motion for reconsideration of the Court's order on August 4, 2011. (Doc. 12.) He filed his amended complaint on August 16, 2011. (Doc. 14.)
II. Discussion
A. Reconsideration
1. Legal Standard
A motion for reconsideration is governed by Federal Rule of Civil Procedure 59(e), which allows a party to move to alter or amend a judgment within twenty-eight days of the judgment's entry. A party may not use a motion for reconsideration to merely reargue issues that the court has already determined. Ogden v. Keystone Residence, 226 F. Supp. 2d 588, 606 (M.D. Pa. 2002). Reconsideration of judgment is only appropriate where the moving party has demonstrated "(1) an intervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion for summary judgment; or (3) the need to correct a clear error of law or fact to prevent manifest injustice." Max's Seafood Cafe ex rel. Lou-Ann, Inc. v. Quinteros, 176 F.3d 669, 677 (3d Cir. 1999). "Because federal courts have a strong interest in the finality of judgments, motions for reconsideration should be granted sparingly." Continental Casualty Co. v. Diversified Indus., Inc., 884 F.Supp. 937, 943 (E.D. Pa. 1995).
2. Eleventh Amendment
Muhammad first argues that the Court erred in dismissing his claims against LCCCP, the Superior Court of Pennsylvania, and the Supreme Court of Pennsylvaniabecause Eleventh Amendment immunity does not apply to § 1985 claims. I previously held that because the Eleventh Amendment bars § 1983 claims against state entities, Benn v. First Jud. Dist. of Pa., 426 F.3d 233, 241 (3d Cir. 2005), it also bars § 1985 claims against state entities, Collins v. Sload, No. 1:CV-99-0829, 212 Fed. App'x 136, 138 (3d Cir. Jan. 8, 2007) (affirming dismissal of § 1985 claims against defendants because of Eleventh Amendment immunity). Muhammad does not assert any changes in the controlling law or a clear error in the decision to dismiss the claims. He instead presents the same arguments he used in his objection to Magistrate Judge Smyser's report and recommendations, discussing the text and purpose of the Fourteenth Amendment. Therefore, Muhammad does not present any basis upon which a motion for reconsideration on the issue of Eleventh Amendment immunity may be granted.
3. Fourteenth Amendment
Muhammad also challenges the dismissal of claims against Defendant Cappellini. In the prior order, I determined that as a court-appointed attorney, Cappelini was not a state actor, Polk Cnty. v. Dodson, 454 U.S. 312, 325 (1981), and a party may only bring a § 1983 claim against a state actor, United States v. Price, 383 U.S. 787, 794 n.7 (1966). Muhammad now argues that he is not asserting his claims under § 1983, but is actually suing Cappellini directly under the Fourteenth Amendment's Due Process and Equal Protection Clauses.This argument is misguided for several reasons. First, a plaintiff cannot bring suit directly under the Fourteenth Amendment because it does not create a cause of action; it only creates rights. 14A C.J.S. Civil Rights § 323; see also Hughes v. Bedsole, 48 F.3d 1376, 1383 n.6 (4th Cir. 1995). To enable individuals to enforce the rights created by the Constitution, Congress enacted 42 U.S.C. § 1983 as a federal cause of action. Town of Castle Rock, Colo. v. Gonzales, 545 U.S. 748, 755 (2005); Brown v. Philip Morris Inc., 250 F.3d 789, 800 (3d Cir. 2001). But even if the Fourteenth Amendment created a cause of action, Muhammad could still not sue Cappellini for a Fourteenth Amendment violation because the Fourteenth Amendment only prohibits actions by a state actor. U.S. Const. amend. XIV, § 1 ("No state shall . . . deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.") (emphasis added). Because there was no error of law in the decision to dismiss the claims against Cappellini, Muhammad's motion for reconsideration of that issue will be denied.
B. Review Under § 1915(e)(2)
I must also review Muhammad's amended complaint pursuant to § 1915(e)(2) of the Prison Litigation Reform Act (PLRA). The PLRA provides that when a plaintiff is proceeding in forma pauperis:
[T]he court shall dismiss the case at any time if the court determines that-- (A) the allegation of poverty is untrue; or (B) the action or appeal-- (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2).
1. Legal Standard for Failure to State a Claim
Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. Dismissal is appropriate only if, accepting as true all the facts alleged in the complaint, a plaintiff has not pleaded "enough facts to state a claim to relief that is plausible on its face," Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007), meaning enough factual allegations "'to raise a reasonable expectation that discovery will reveal evidence of'" each necessary element, Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556). The pleading standard of Federal Rule of Civil Procedure 8 does not require "detailed factual allegations," but "[a] pleading that offers 'labels and conclusions' or a 'formulaic recitation of the elements of a cause of action will not do.'" Ashcroft v. Iqbal, 129 S. Ct. 1937, 1959 (2009) (quoting Twombly, 550 U.S. at 555). "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1950 (2009).
Thus, when determining the sufficiency of a complaint, a court must undertake a three-part inquiry. See Malleus v. George, 641 F.3d 560, 563 (3d Cir. 2011). The inquiry involves: "(1) identifying the elements of the claim, (2) reviewing the complaint to strike conclusory allegations, and then (3) looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged." Id. Although the standards of pleading are more liberal for pro se litigants like Muhammad, "pro se litigants are not relieved of their obligation to allege sufficient facts to support a cognizable legal claim." Ireland v. McDaniel, No. 10-387, 2011 WL 860390, at *2 (W.D. Pa. Jan. 27, 2011) (citing Taylor v. Books A Million, Inc., 296 F.3d 376, 378 (5th Cir. 2002); Riddle v. Mondragon, 83 F.3d 1197, 2102 (10th Cir. 1996).
2. State Action & Immunity
Muhammad's amended complaint asserts claims against several Defendants who are immune from suit. As noted above and in the previous order, the Eleventh Amendment bars § 1985 suits against state entities such as the Court of Common Pleas and the Superior Court. See Benn , 426 F.3d at 241; Collins, 212 Fed. App'x at 138. The claims against these Defendants will be dismissed with prejudice. Because § 1986 creates a cause of action against those who fail to prevent a conspiracy under § 1985, it stands to reason that Eleventh Amendment immunity would also apply to § 1986. Therefore, the claims against the Supreme Court will be dismissed with prejudice. Finally, Muhammad again alleges claims against Bellino. As established in the previous order, Bellino was acting in a judicial capacity as a guardian ad litem, Hughes v. Long, 242 F.3d 121, 127 (3d Cir. 2001), and is therefore protected by judicial immunity, Stump v. Sparkman, 435 U.S. 349, 356-57 (1978). Therefore, the claims against Bellino will be dismissed with prejudice.
3. Section 1985
Muhammad's remaining claims are §§ 1985(2) and 1985(3) claims against Butler, Cappellini, and LCCYS. To state an obstruction of justice claim under § 1985(2), a plaintiff must allege "a conspiracy with the purpose of impeding, hindering, or obstructing, or defeating in any manner, the due course of any justice in any State or Territory, with intent to deny any citizen the equal protection of the laws." 42 U.S.C. § 1985(2). The plaintiff must also allege a "class-based, invidiously discriminatory animus." Brawer v. Horowitz, 535 F.2d 830, 840 (3d Cir. 1976). To state a claim under § 1985(3), a plaintiff must allege: (1) a conspiracy; (2) motivated by a racial or class based discriminatory animus designed to deprive, directly or indirectly, any person or class of persons to the equal protection of the laws; (3) an act in furtherance of the conspiracy; and (4) an injury to person or property or the deprivation of any right or privilege of a citizen of the United States.
Lake v. Arnold, 112 F.3d 682, 685 (3d Cir. 1997); see also Griffin v. Breckenridge, 403 U.S. 88, 102-03 (1971).
Muhammad fails to state a claim under §§ 1985(2) or 1985(3) because he does not plead an actual agreement between the parties. "To constitute a conspiracy, there must be a 'meeting of the minds.'" Startzell v. City of Phila., 533 F.3d 183, 205 (3d Cir. 2008) (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 158 (1970)). Muhammad does not allege any fact indicating that Butler, Cappellini, and LCCYS communicated together or came to any agreement to conspire against him. Instead, Muhammad merely asserts that the parties conspired, which is a conclusory statement insufficient to meet the pleading standards set out by the Supreme Court in Twombly, 550 U.S. 544, or Iqbal, 129 S. Ct. 1937. Because Muhammad failed to plead enough facts to state a plausible claim for conspiracy under §§ 1985(2) or 1985(3), his claims will be dismissed. As this was Muhammad's second attempt to state a claim for conspiracy upon which relief can be granted, giving him leave to amend a second time would be futile--especially given Muhammad's disregard of the previous order's dismissal of claims against the state entities. See Massarsky v. Gen. Motors Corp., 706 F.2d 111, 125 (3d Cir. 1983) (holding that a district court may deny leave to amend where it would be futile).
For the reasons stated above, Muhammad's motion for reconsideration will be denied and his amended complaint will be dismissed with prejudice.
A. Richard Caputo
MARC ANTWAIN X. RIVERS MUHAMMAD, SR., Plaintiff, v. : GERRY LYNN BUTLER, VINCENT CAPPELLINI, LUZERNE : (JUDGE CAPUTO) COUNTY CHILDREN & YOUTH SERVICES, LUZERNE COUNTY : (MAGISTRATE JUDGE SMYSER) COURT OF COMMON PLEAS ORPHANS COURT, THE SUPERIOR COURT OF PENNSYLVANIA, THE SUPREME COURT OF PENNSYLVANIA and JOHN BELLINO, Defendants.
ORDER NOW, this 28th day of September, 2011, IT IS HEREBY ORDERED that:
(1) Plaintiff's Motion for Reconsideration (Doc. 12) is DENIED.
(2) Plaintiff's Amended Complaint (Doc. 14) is DISMISSED WITH PREJUDICE.
(3) The Clerk of Court is directed to mark the case as CLOSED.
A. Richard Caputo United States District Judge
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text:
Living Time – the fixed term annuity specialist has equalized the male and female annuity rates ahead of a crucial March 1 ruling by the European Court of Justice – which may ban gender as one of the parameters in risk calculation of insurance policies.
The decision to hike annuity rates to the higher male end prices was taken to dispel confusion to the consumers, said Kim Lerche-Thomsen, chief executive of Living Time. The price decision will however, be reviewed once the court judgment comes, he revealed.
"There is some confusion in the marketplace, and some providers are withdrawing their guarantee periods. We felt, just to bring a sense of balance to the marketplace, we would go ahead and do this ahead of the ruling", said Mr. Lerch-Thomsen.
"At the moment, we're equalising up to men's but we'll need to see what the market does after the ruling. Ultimately the market tends to move together so we'll keep this position under review in the future", he added.
Canada Life had declared previously that it would stop providing a guarantee period for annuities from February 25 since it may become illegal to set up annuity plans based on genders.


text:
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©2005-2016 TheTopTens® All rights reserved.
Top Ten Greatest Sports StarsFreddyGodzilla
The Contenders: Page 5XW
81Shakib Al Hasan
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The best rugby league player ever, deservers top 20
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He makes the Detroit tigers awesomeV1 Comment
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Adidas ZX8000 Blue Boost Core Black B25872 Sale stock
Editor's review
adidas Originals blue boosted! The ZX 8000 Blue Boost Core Black with Pink accent has a boost midsole, vented suede upper and clear heel window. Essentially this is a slip-on running shoe with faux laces to make you look like you're not rushing... until, that is, you start rushing.
- Adidas ZX8000 Blue Boost Core Black/Pink
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Its only an archive information about the software (no link to download) as we cannot download the software.
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Billion Auto vs Camping World
Start a new comparison
Billion AutoDealers
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text:
Gingerbread Muffins
Total Time
Prep 15 mins
Cook 10 mins
Gingerbread Muffins. Soft and light. Great with a glass of milk.
Ingredients Nutrition
12 12 muffins US
- 1 1⁄2 cups all-purpose flour
- 3⁄4 teaspoon ground cinnamon
- 3⁄4 teaspoon ground ginger
- 1⁄2 teaspoon baking powder
- 1⁄2 teaspoon baking soda
- 1⁄3 cup margarine
- 1⁄3 cup packed brown sugar
- 1 egg
- 1⁄2 cup boiling water
- 1⁄3 cup molasses
- Pre-heat oven to 350 degrees.
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- Beat margrine on medium speed for 30 seconds.
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Most Helpful
I made these up as mini muffins and got about 2 dozen -- all nicely raised and even. Perfect little muffins. Tasty, but we felt like they were missing something. We're too used to muffins having fruit of some kind. I ended up adding a cinnamon icing to the top. I guess that makes them more like a cupcake than a muffin, but they're really good like that!


text:
About JohnnyParker
I am Johnny Parker and I am 22. I have studied the weather since I was 5. I have cerebral palsy and my goal is to become a meteorologist.
By: JohnnyParker , 12:10 PM GMT on December 06, 2012
Good Morning! At Smithville, MS, the current temperature is 55 and it feels like 55. Dense Fog Advisory in effect until 9am this morning. Highs will continue to range between 51 and 74 with lows between 25 and 54. There is a slight chance of rain today. At the Regional Rehab Center in Tupelo, MS, the current temperature is 56 and it feels like 56. Todays high is 70 and a low of 52 with a slight chance of rain. Fridays high is 70.
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Secondary Analysis of Existing Alcohol Epidemiology Data (R03)
The summary for the Secondary Analysis of Existing Alcohol Epidemiology Data (R03) grant is detailed below. This summary states who is eligible for the grant, how much grant money will be awarded, current and past deadlines, Catalog of Federal Domestic Assistance (CFDA) numbers, and a sampling of similar government grants. Verify the accuracy of the data FederalGrants.com provides by visiting the webpage noted in the Link to Full Announcement section or by contacting the appropriate person listed as the Grant Announcement Contact. If any section is incomplete, please visit the website for the National Institutes of Health, which is the U.S. government agency offering this grant.
Secondary Analysis of Existing Alcohol Epidemiology Data (R03): -Purpose. This funding opportunity announcement (FOA) issued by the National Institute on Alcohol Abuse and Alcoholism solicits NIH Small Research Grant (R03) applications for organizations/institutions that propose to conduct secondary analysis of existing data sets. NIAAA seeks to enhance the understanding of the patterns of alcohol consumption and the epidemiology of alcohol-related problems. -Mechanism of Support. This FOA will utilize the NIH Small Research Grant (R03) award mechanism and runs in parallel with two FOAs of identical scientific scope, PA-08-168 that encourages applications under the R21 award mechanism and PA-08-167 that encourages applications under the R01 award mechanism. -Funds Available and Anticipated Number of Awards. Awards issued under this FOA are contingent upon the availability of funds and the submission of a sufficient number of meritorious applications.
|Federal Grant Title:
|Secondary Analysis of Existing Alcohol Epidemiology Data (R03)
|Federal Agency Name:
|National Institutes of Health
|Grant Categories:
|Type of Opportunity:
|Funding Opportunity Number:
|Type of Funding:
|CFDA Numbers:
|CFDA Descriptions:
|Alcohol Research Programs
|Current Application Deadline:
|No deadline provided
|Original Application Deadline:
|Sep 07, 2011
|Posted Date:
|May 23, 2008
|Creation Date:
|May 23, 2008
|Archive Date:
|Dec 05, 2008
|Total Program Funding:
|Maximum Federal Grant Award:
|Minimum Federal Grant Award:
|Expected Number of Awards:
|Cost Sharing or Matching:
- Applicants Eligible for this Grant
- Public and State controlled institutions of higher education Independent school districts Native American tribal organizations (other than Federally recognized tribal governments) Native American tribal governments (Federally recognized) State governments County governments Others (see text field entitled "Additional Information on Eligibility" for clarification) Private institutions of higher education Small businesses Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education Public housing authorities/Indian housing authorities City or township governments Special district governments For profit organizations other than small businesses Nonprofits that do not have a 501(c)(3) status with the IRS, other than institutions of higher education
- Additional Information on Eligibility
- Other Eligible Applicants include the following: Alaska Native and Native Hawaiian Serving Institutions; Eligible Agencies of the Federal Government; Faith-based or Community-based Organizations; Hispanic-serving Institutions; Historically Black Colleges and Universities (HBCUs); Indian/Native American Tribal Governments (Other than Federally Recognized); Non-domestic (non-U.S.) Entities (Foreign Organizations); Regional Organizations; Tribally Controlled Colleges and Universities (TCCUs) ; U.S. Territory or Possession.
- Link to Full Grant Announcement
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- • Model Continuums of Care Initiative (MCCI) for Women and Girls at Risk and Living With HIV...
- • Expanding Alcohol-Focused High-Priority Translational Research for HIV/AIDS (UH2/UH3)
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- • Advancing Research on Alzheimer's Disease (AD) and Alzheimer's-Disease-Related Dementias (...


text:
617 Pompano St Edisto Beach SC 29438 MLS# 1027767
1027767 - Residential real estate
Edisto Beach, SC
Newer home situated on a quiet cul-de-sac only a short distance from the beach! Traditional Edisto style featuring a large central Living/Dining/Kitchen area with cathedral ceiling & lots of natural light. 4 bedrooms in each corner of the house & 4 full bathrooms for added convenience. The great room opens out to a wide, full-length screened porch perfect for relaxing & listening to the sounds of the surf! There's also an open deck for enjoying the sunshine & seabreezes. Underneath there is ample room for cars & boats with a huge storage room for your beach & fishing gear. You can even store your golf cart, perfect for zipping back & forth from the beach. Built for low maintenance, this sturdy home has hardwood floors throughout, easy care windows, vinyl siding & concrete driveway. Situated on a beautiful wooded lot with tall palmettoes, lowcountry live oaks & a natural yard. Pompano Street is a nice, newer neighborhood with a private feel yet only steps from the beach! Good rental history. Sold fully furnished & ready for your enjoyment. See it today!
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text: Transcendence trailer is a lot more violent than we expected!Meredith Woerner2/11/14 8:33pmFiled to: trailer frenzyTranscendenceJohnny DeppmoviesWally Pfister22615EditPromoteShare to KinjaToggle Conversation toolsGo to permalink Finally, a trailer for Transcendence that explains what this artificial intelligence thriller is all about. And apparently the machines are mad! Advertisement Wally Pfister (long-time cinematographer for Chris Nolan) is launching his directorial debut with a whole lotta blood. This first real look at the movie Transcendence, starring Johnny Depp, explains what happened to get Depp's brain into the machine. Then things (as they so often do) go horribly wrong. It actually looks pretty thrilling and very action-packed. Fingers crossed for this one, people. Transcendence will open in theaters on April 18th. Gear from Kinja DealsThe Best Solid State And Hybrid Drives For Your Playstation 4The Best External Hard Drives For Your Xbox OneToday's Best Deals: Oculus Rift, Vizio Surround Sound, Massive Board Game SaleReply226 repliesLeave a reply


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SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
October 14, 2011
NASSAU HOMES CORP.,RESPONDENT,v.LAWRENCE SHUSTER,APPELLANT.
Appeal from a decision of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated April 15, 2010, deemed from a final judgment of the same court entered June 29, 2010 (see CPLR 5520 [c]).
Decided on October 14, 2011
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ
The final judgment, after a non-jury trial, awarded petitioner possession.
ORDERED that the final judgment is affirmed, without costs.
Petitioner commenced this summary proceeding pursuant to RPAPL 713 (5) based upon a referee's deed dated March 1, 2010, which it had obtained following the foreclosure of a tax lien. After a non-jury trial, petitioner was awarded a final judgment of possession. We affirm.
The District Court properly found that petitioner had established its ownership of the subject premises, as evidenced by a certified copy of the referee's deed, and that petitioner had properly served occupant with a notice to quit. Occupant's only challenge to this proceeding appeared to be based upon objections to the foreclosure proceeding itself. However, the judgment of foreclosure and sale was final as to all issues and defenses that might have been litigated in the foreclosure action (see Cherico v Bank of NY, 211 AD2d 961 [1995]), and the Supreme Court's determination is not subject to collateral attack in the District Court (see Banker's Trust v Corbin, 14 Misc 3d 136[A], 2007 NY Slip Op 50239[U] [App Term, 2d & 11th Jud Dists 2007]). Thus, as occupant has shown no basis to disturb the final judgment, the final judgment is affirmed.
Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: October 14, 2011
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The best brunch in Brooklyn
On the hunt for the best brunch in Brooklyn? Feast on pancakes, eggs and more at these top-notch brunch spots.
New York's most talked about borough long stepped out of Manhattan's shadow to become a must-hit dining destination in its own right, and at no times does that seem more true on Saturdays and Sundays, when Kings County dwellers are on the hunt for the best brunch in Brooklyn. Whether you want Bloody Marys at bottomless brunch in Bushwick or tricked-out pancakes in Park Slope, here's where to find the best weekend-morning (or late afternoon, if you're still nursing that hangover) meals in Brooklyn.
RECOMMENDED: Full guide to the best brunch in NYC
Best brunch in Brooklyn
There's a lot of new competition on Washington Avenue, which sits on the border of recently trendy Prospect Heights and newly trendy Crown Heights, but no one else draws loyal customers quite like beloved Brooklyn institution Tom's—as evidenced by the line spilling out of the place and around the corner every weekend. Queuing up is a pleasure, though, with friendly staffers handing out complimentary coffee, cookies and (most famously) orange slices to hungry waiting patrons. The joint is best known for its variety of griddled offerings, including fresh strawberry and banana-nut pancakes, but it's hard to go wrong with any of the comforting morning options.
Court Street Grocers
Two words: Breakfast. Sandwiches. A bacon-egg-and-cheese on a roll is a Saturday late-morning standby, but the righteous brunchtime subs at this beloved Carroll Gardens market-café are a welcome upgrade from that bodega classic. We're talking Balthazar ciabatta loaded with scrambled eggs, salty Cabot cheddar and arugula, or a Taylor pork roll with American cheese on a Martin's potato bun, delivered straight to the cozy dining room. And a New York brunch isn't complete without bagels: Served on weekends, here they're hand-rolled by Park Slope's Bagel Hole and jacked with Acme whitefish, Samaki organic lox and Ben's cream cheese.Read more
Grand Army
Bloody Marys are to brunch what pinstripes are to the Bronx Bombers. At this dark-wood, naval-inspired Boerum Hill, Brooklyn, tavern, you can get master barman Damon Boelte's civilized take on that time-honored hair of the dog à la carte, or bring a buddy to split the bar's brunch-on-steroids Bloody Mary Platter ($70). The head-turning spread comprises two house Bloodys (your choice of vodka, tequila or gin), two sidekicks of pilsner and a two-tier tower set with local bivalves, fresh vegetables, shrimp cocktail, deviled eggs and a colossal king crab leg that can be tricked out with accompanying medicine droppers of mignonette. It's a cure that almost makes your hangover from last night worth it—almost.Book now Read more
Pies 'n' Thighs
While the down-and-dirty Southern fare—honest, cheap and often delicious—is certainly in line with Brooklyn's all-American moment, it's an audacious departure from the borough's judiciously sourced, seasonally orthodox, self-righteously ethical ethos. Yes, the chickens are antibiotic- and hormone-free, but you won't find the name of the farm where they came from on the menu. During brunch, available weekends 10am to 4pm, you can get that namesake bird on a buttermilk biscuit slathered in hot sauce and honey butter, or atop buckwheat waffles topped with cinnamon butter and baked apples.Read more
Chef-gardener Andrew Whitcomb retools hearty morning classics with an array of locally sourced ingredients at his exposed-brick–fitted Brooklyn Heights dining room. Pasture-raised eggs—think a step above "cage free" or "free range"—are purchased from Rock Ridge Farms in Andover, New Jersey; grains and grits come from Castle Valley Mills in Bucks County, Pennsylvania; and potatoes and veggies are sourced from Sparrow Arc Farm in Copake, New York. While offerings rotate regularly, seek out permanent favorites like a garden-fresh duck hash, with a poached egg laid over red potatoes and roasted onion puree, or cured steelhead trout, spread on potato rosti with dill crème fraîche and trout roe.Book now Read more
The main menu at this Williamsburg gastropub changes daily, but luckily for all you indecisive diners out there, its Tumblr gets updated every morning. The brunch menu does not vary as often: Expect a frittata with seasonal fixins, a gut-busting egg sandwich with homemade fries, plus some picks straight outta left field. For a real eye-opener, try the Cowboy Coffee, a bracing mix of bourbon, iced coffee, Borghetti and cream.Read more
This Southern-accented breakfast and lunch abode has no parallel in Billyburg or beyond—which means you can expect a bit of a wait to get seated. Once you do get in, perch on chairs at a paper-covered table (crayons are provided), wake up at a leisurely speed to the occasional old-time folk music on the sound system, and scarf down a cheap meal that may include eggs Rothko (a slice of brioche with a hole in the middle that accommodates an easy-cooked egg, all of which is covered with sharp cheddar) or a terrific country-ham biscuit sandwich. If you must have dessert at breakfast, finish with a bowl of caramelized grapefruit and mint.Read more
Feeling generous—or simply hungry enough to eat for two? A section of the Sunday brunch menu at Kevin and Debbie Adey's hyperseasonal Bushwick, Brooklyn, restaurant is dedicated to large-format plates, ranging from a dry-aged duck hash with emmer and pumpkin to pollo alla cacciatora with mushrooms and bacon to meatballs with polenta, fonduta and bread to sop up every bite. Cocktails are also tailored to groups: They are available by the pitcher, including a tequila-grapefruit Kings County Sunrise and a Bloody updated with ember-roasted tomatoes and fish-sauce-spiked Thai caramel.Read more
Pizza for brunch is always a good idea, especially when it's served at the Michelin-starred pizza joint favored by Bill and Hillary Clinton. The venerable Bushwick institution offers many of its artisanal pies during brunch, and you always have the option of topping your order with an egg. Plus, Roberta's has stellar seasonal greens, plucked from its own rooftop garden; a fancy bacon-egg-and-cheese on croissant; and a life-changing sticky bun. Sure, you won't sit down right away, but the wait is substantially shorter than at dinner—and you can always while away the time with drinks in the adjacent bar.Read more
Sweet Chick
The downside: Sweet Chick lies on that crowded patch of Bedford Avenue typically overrun by tourists who want to see where Hannah and the rest of the Girls live (people, they're in Greenpoint!). The upside: The food is worth the hassle. Sumptuous treats like chicken and waffles (they even have a vegetarian version) and steak and eggs more than make up for what the space lacks in personality. Brunch here means you won't be eating much for the rest of the day—no, you'll be splayed out on your bed, rubbing your belly with a smile on your face.Read more
Looking for more food in Brooklyn?
Check out the best restaurants in Brooklyn
From classic steakhouses to hipster pizza parlors to hidden Nordic boîtes, these are the best restaurants in BrooklynRead more
This article as well as the title is misleading. I understand that Brooklyn is going through a gentrification process, however, to insinuate Brooklyn is essentially composed of the areas between Williamsburg and Parkslope is disrespectful, ignorant and uninformed. As someone who was born and raised here In the best borough in NYC, there is so much to Brooklyn beyond those areas and they honestly have more to offer if you are open to going beyond where the newbies are flocking to. But then again, stick to your list (some of this food is average and bland) and the real people who are from here will keep the true best places (where the food has cultural flavor) a secret.
I am a Brooklynite. I was born and raised here. I know that if there is one word to describe Brooklyn natives, it is "eaters." We love to eat. So whenever we come across a great list of places to eat such as this one, we celebrate in our heads because we know we will soon have a party in our mouth. You Brooklyn born freaks know what I'm talking about. Nothing makes me happier than a good Brooklyn meal shared with my family. I share this love of fun food with my clients of course, but my true passion is having my kids ask me to take a pic of them with the meal they are about to enjoy. Here's a photo of my kids enjoying fun food at 3 a.m. at Kellogg's Diner in Williamsburg Brooklyn. Sure that isn't brunch time, but being that they serve any time of the day (and do it better than McDonald's or iHop...lol), I felt it would be appropriate to share the photo with you.
[Realtor and Senior Managing Partner at The Rosario Shalomayev Real Estate Group with Coldwell Banker Kueber. We provide everything needed to meet your Brooklyn, Queens and Manhattan real estate needs. #RosarioShalomayevGroup #glrosario http://www.GeorgeRosario.com]
Cafe Luluc is amazing! Great brunch spot
I'm really disappointed Concord Hill in Williamsburg didn't make your list.
WOW! You couldn't find a delicious brunch spot in Bed-Stuy? Shameful and Transparent!


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Cheap Flights to Isle of Man, United Kingdom. Return Flights.Here are the cheapest airfare deals to Isle of Man. View Flights to United Kingdom
|Route Cheapest Adult Fare
Show: Prices:
Monthly Average Prices for Return Airfares to Isle of Man (PLN)
Did you know...
- Isle of Man has the International Air Transport Association (IATA) code of IOM.
- The Sefton Express is nearby Isle of Man airport.
- Isle of Man has the Coordinated Universal Time offset of 0.
What people are saying about Isle of Man right now:
Fuel Leak Forces FlyBe Diversion - Energy FM
A FlyBe flight from the Isle of Man to Manchester had to turn back after passengers were told of a fuel leak. This morning's BE810 was over the Irish Sea at around 7.20am when the crew made the decision to turn back. A passenger on board told Energy FM ...
Twitter: From user 'Air Arbroath'
Why not join our Captain Simon Fitzpatrick and co pilot Patrick Fitzsimon on our jolly Friday Night flights into Do… https://t.co/yzrxVVbgUt
Voxpop: Are you happy with our air routes? - Isle of Man Today
'Liverpool was the easiest for us, the staff were very accommodating and the Isle of Man Airport is brilliant. However, we prefer to get the boat because we can take the car and with someone being disabled it's easier than flying to different ...
Twitter: From user 'TTIOM 2011'
RT @IOMTTBreakscom: @easyJet flights to @iom_tt on sale this Thursday. >> https://t.co/UYQo4bNDHy #iomtt https://t.co/ssWQEuzSb7
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ERIC Number: ED230937
Record Type: RIE
Publication Date: 1983-Aug
Pages: 28
Abstractor: N/A
Reference Count: 0
Statehouse Reporters in Indiana: Influences on News Source Use.
Fico, Frederick
Reporters' perceived concern for their editors' news priorities and their own role self-concepts were examined for their effects on how reporters covering the Indiana State Assembly used diverse sources of information. Subjects, 34 reporters and 39 state senators, were surveyed concerning their contacts with each other during the 1982 legislative session. Approximately 300 stories about the session were also analyzed to assess the outcomes of those interactions. The findings indicated that perceived concern for editors' priorities was a more important influence on source diversity than reporter role self-concept. Reporters who perceived that their editors had definite concerns about their stories used a wider variety of sources than did those who did not have such concerns. Further, reporters who perceived that editors were concerned with stories stressing interpretation and initiative used a greater diversity of sources than did those who perceived only that editors were concerned with story timeliness and quantity. Experience and type of medium also influenced how widely or narrowly reporters searched for information sources. Broadcast reporters used a narrower range of source than did their print colleagues. Among experienced reporters, perceived editorial concern with serving audience led to a wider variety of source use and a greater diversity of images in the resulting stories. (Author/FL)
Publication Type: Reports - Research; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Editors; Indiana; Media Role; State Legislatures
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism and Mass Communication (66th, Corvallis, OR, August 6-9, 1983).


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|About Us
The Commodity Investor Q&AWith Matt Badiali, editor, S&A Resource Report
Wednesday, March 19, 2008
Q: I always see stories about China's big increase in auto use and fuel consumption... Where will the country get the oil it needs? – S.H.
A: Anywhere it can. That includes all the places U.S. companies are not allowed to go. In fact, according to the Mining Journal, China recently signed more than $100 billion worth of energy deals with Iran.
In addition, Chinese companies aren't afraid of Africa. I read recently that China will try to supply 40% of its oil and gas imports from Africa in the next five to 10 years. Angola is already its largest source of foreign oil. Chinese companies have invested $30 billion in Africa's oil and gas industry so far.
Much of this investment is in countries that are considered unsavory by American voters and investors. Remember when Warren Buffett was called out last year for his investment in PetroChina? Protesters said he should divest his shares because PetroChina does business in the Sudan. The authoritarian Chinese government doesn't entertain that kind of shareholder complaint.
To me, that means long-term oil assets are going to become increasingly valuable. China is far, far behind the U.S. in oil consumption per person, and it's playing catch up. This competition will be unlike anything we have seen in the past... The days of cheap oil and gas are behind us, and investors would do well to look for undiscovered ways to profit.
Q: Refiners aren't making any money right now... Why is this a good time to buy? – M.B.
A: Yes, I believe there is an investment opportunity in refiners right now. And yes, the share prices of these companies have been killed recently, along with their earnings.
That's because the price of refined products versus the price of oil is way down. This ratio is simply the price a refiner can get for its finished product (output) versus the price it has to pay for oil (input). A low ratio means refiners aren't making a whole lot of profit.
In this table, you can see this ratio in terms of gasoline, diesel, and heating oil...
What I'm showing you is the margin you would receive for a barrel of refined product over a barrel of West Texas Intermediate (WTI) oil. For example, a barrel (42 gallons) of gasoline is worth less than a barrel of WTI right now! That means refiners must find discounted, low-quality oil to make any margin at all.
As you can see, the refiners must be making up some profits on heating oil and diesel fuel. But I think the margins on gasoline, and therefore the earnings of the refiners, are about to get better.
Analysts told Oil and Gas Investor that they expect the spot price of gasoline to hit $3.10 per gallon this summer. After transportation costs and taxes are figured in, that'll equate to $4 per gallon at the pump. If oil just moves sideways, I think steady demand from drivers will keep fuel prices high.
Given this situation and the washed out shares prices in the sector, I think we're due for a rally. However, if you speculate on refiners, mind your trailing stops because it's a volatile sector.
Good investing,
Matt Badiali
Further Reading:
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Sprint-Nextel grazes new low... down 76% from its 52-week high.Earnings today... Charming Shoppes, General Mills, Morgan Stanley, Nike.