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United States District Court, M.D. Pennsylvania
January 16, 2004.
MATT MILLER and DAVID H. SWISHER, Trustees of the ANTHRACITE HEALTH AND WELFARE FUND, Plaintiffs
LEHIGH COAL AND NAVIGATION COMPANY, Defendants
Before the court for disposition is the plaintiffs' motion for
preliminary injunction. The plaintiffs are Matt Miller and David H.
Swisher, Trustees of the Anthracite Health and Welfare Fund (hereinafter
"Fund") and the defendant is Lehigh Coal and Navigation Company
(hereinafter "Lehigh"). A hearing on this matter was held on December 30,
2003. At the hearing, the Court, with the parties' agreement, indicated
that the preliminary injunction hearing would be consolidated with the
trial on the merits pursuant to FED. R. Civ. P. 65(a)(2). The matter is
thus ripe for disposition. The issue in the case is whether the defendant
coal company must tender interim withdrawal liability payments to the
plaintiffs pending the arbitration of withdrawal liability issues.
Lehigh was in the anthracite coal business located in Pottsville,
Pennsylvania. It
Page 2
ceased doing business in January 2001. The company was a
contributing employer to the Fund, a multiemployer plan providing
retirement benefits to employees of the anthracite coal industry under
the provisions of the Employee Retirement Income Security Act of 1974
(hereinafter "ERISA"), as amended 28 U.S.C. § 1001, et seq.
The contributions to the Fund were in the form of royalties for each ton
of anthracite coal produced for use or sale.
The United States Supreme Court has described the system as follows:
Congress enacted ERISA in 1974 to provide
comprehensive regulation for private pension plans.
In addition to prescribing standards for the
funding, management, and benefit provisions of
these plans, ERISA also established a system of
pension benefit insurance. This comprehensive and
reticulated statute was designed to ensure that
employees and their beneficiaries would not be
deprived of anticipated retirement benefits by the
termination of pension plans before sufficient
funds have been accumulated in the plans. Congress
wanted to guarantee that if a worker has been
promised a defined pension benefit upon retirement
and if he has fulfilled whatever conditions
are required to obtain a vested benefit he
will actually receive it.
To achieve this goal of protecting anticipated
retirement benefits, Congress created the Pension
Benefit Guaranty Corporation (PBGC), a wholly owned
Government corporation, to administer an insurance
program for participants in both single-employer
and multiemployer pension plans. . . .
The PBGC's Report found, inter alia,
that ERISA did not adequately protect plans from
adverse consequences that resulted when individual
employers terminate their participation in, or
withdraw from, multiemployer plans. The basic
problem, the Report found, was the threat to the
solvency and stability of multiemployer plans
caused by employer withdrawals, which existing law
actually encouraged.
"A key problem of ongoing multiemployer plans,
especially in declining industries, is the problem
of employer withdrawal. Employer withdrawals reduce
a plan's contribution base. This pushes the
contribution rate for remaining employers to higher
and higher levels in order to fund past service
liabilities, including liabilities generated by
employers no longer participating in the plan,
so-called inherited liabilities. The rising costs
may encourage or force further
withdrawals, thereby increasing the inherited
liabilities to be funded by an ever decreasing
contribution base. This vicious downward spiral may
continue until it is no longer reasonable or
possible for the pension plan to continue." Pension
Plan Termination Insurance Issues: Hearings before
Subcommittee on Oversight of the House Committee on
Ways and Means, 95th Cong., 2nd Sess., 22 (1978)
(statement of Matthew M. Lind)
To alleviate the problem of employer
withdrawals, the PBGC suggested new rules under
which a withdrawing employer would be required to
pay whatever share of the plan's unfunded
liabilities was attributable to that employer's
participation. . . . Congress agreed with the
analysis put forward in the PBGC Report, and
drafted legislation which implemented the Report's
recommendations. As enacted, the [Multiemployer
Pension Plan Amendments Act of 1980] requires that
an employer withdrawing from a multiemployer
pension plan pay a fixed and certain debt to the
pension plan. This withdrawal liability is the
employer's proportionate share of the plan's
unfunded vested benefits, calculated as the
difference between the present value of the vested
benefits and the current value of the plan's
assets.(internal quotations, citations and footnote
In the instant case, subsequent to Lehigh ceasing its business
operation in January
Page 4
2001, the Fund assigned it a withdrawal liability in the amount of
$1,875,264, which was due in monthly installments for approximately 38
months. Lehigh has challenged this assignment of withdrawal liability
through arbitration. Plaintiffs now seek to have the court order the
defendant to make payments on the withdrawal liability until arbitration
is completed*fn1.
The Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) directs
employers to begin payments upon notification of withdrawal liability,
whether or not they choose to dispute the determination.
29 U.S.C. § 1399(c)(2). Therefore, the general rule set forth by
the MPPAA is to pay now, dispute later. In the instant case, the
defendants seeks to have the court recognize an equitable exception to
general rule regarding making interim payments and argue that the
plaintiffs' claim is without merit and that the defendant will suffer
irreparable harm from making such payments. Plaintiffs contend that no
equitable exception exists and even if it does, the defendants have
not shown the necessary elements.
As this case arises out of the MPPAA, we have jurisdiction pursuant to
29 U.S.C. § 1451(c) (providing that the district courts of the United
States shall have exclusive jurisdiction of an action under this section
[the MPPAA] without regard to the amount in controversy.)
Page 5
With regard to a preliminary injunction seeking interim withdrawal
liability payments, the traditional four-prong preliminary injunction
test does not apply. The Third Circuit Court of Appeals has explained as
The traditional four-prong test for
garden-variety preliminary injunctions is not
applicable in this context. In enacting the interim
withdrawal liability provisions of MPPAA,
29 U.S.C. § 1399(c)(2), 1401(d), and the judicial
mechanism for their enforcement,
29 U.S.C. § 1451(b) & (c), Congress has effectively determined
that pension funds will be irreparably harmed
unless employers are enjoined to make interim
payments while litigation proceeds. By enacting the
withdrawal liability provisions, Congress has
concluded that the uninterrupted flow of payments
is important in itself,[Pantry Pride, Inc. v.
Retail Clerks Tri-State Pension, 747 F.2d 169,
171 (3d Cir. 1984)] and that the ultimate recovery
of payments will not suffice to make the Fund
whole. Congress has likewise determined that
neither party's probability of success in
litigation is relevant: interim payments must be
made regardless.
The following are the requirements for a preliminary injunction in
these situations: 1) The Fund assessed withdrawal liability against the
employer; 2) the employer was notified; and 3) payments were not made.
Id. at 141. The parties are in agreement that these
requirements have been met. However, as stated above, defendant seeks to
have us recognize an "equitable exception" to the interim payments.
The Third Circuit Court of Appeals has never held that there are any
equitable exceptions to the statutory provisions on interim payments.
Id. The Galgay court noted that the language in the
statute indicates that "[w]ithdrawal liability shall be payable
in accordance with the schedule set forth by the plan sponsor . . .
beginning no later than 60
Page 6
days after the date of the demand notwithstanding any request for
review or appeal of determinations of the account of such liability or of
the schedule." Id. (quoting 29 U.S.C. § 1399(c)(2)). In
addition, section 4221(d) of the MPPAA, 29 U.S.C. § 1401(d) provides
that payments are to be made during arbitration and if the arbitrator
decides in favor of the employer, the employer is reimbursed.
Two Circuit Courts of Appeals, the Fifth and Seventh, have held that an
equitable exception can apply in this situation. Trustees of
Plumbers and Pipefitters Nat'l Pension Fund v. Mar-Len, Inc.,
30 F.3d 621 (5th Cir. 1994); Trustees of the Chicago Truck Drivers
Pension Fund v. Rentar Industries, Inc., 951 F.2d 152 (7th Cir.
1991). The exception applies where the defendants can demonstrate: A)
that plaintiff's claim is frivolous or non-colorable and B) the defendant
will suffer irreparable harm from the payments. Mar-Len, 30
F.3d at 626; Rentar, 951 F.2d at 155. Merely demonstrating
irreparable harm to the company is insufficient because "[i]t is
inappropriate to refuse a preliminary injunction ordering interim
withdrawal liability payments on the grounds that the payments might pose
a financial risk to the employer." Galgay, 105 F.3d at 141. The
purpose of the exception is to ensure that courts are not utilized by
unscrupulous pension fund lacking a legitimate claim to squeeze money
from an employer and send it into bankruptcy. Id. at 140.
The Third Circuit in Galgay noted, however, that that case
did not provide them opportunity to consider adopting an equitable
exception because the parties had not established the two elements that
other courts have held are vital to an equitable exception, those being,
that the Fund's claim is frivolous or non-colorable and irreparable harm
to the
Page 7
employer. Galgay, Id. at 141.
We are faced with a similar situation in the instant case. We find that
even if there were an equitable exception, the defendant has not met its
burden of establishing the necessary elements. The defendant did not
establish that the Fund's claim is frivolous or non-colorable. In the
circuits where the equitable exception is recognized, the standard for
establishing a frivolous or non-colorable claim is as follows:
The employer must make an affirmative showing that
the plan's claim has no merit, i.e., no arguable
basis in law or fact. The court may only excuse
interim payments if the arbitrator is almost
certain to rule for the employer.
In the instant case, the defendant has not met its burden. The record
reveals that the Fund assessed withdrawal liability against Lehigh based
upon the assertion that it permanently ceased operations on January 19,
2001. The parties do not dispute that the company did not operate or make
contributions to the Fund for eighteen months following January 2001.
Lehigh's position is that it did not permanently cease operations and
actually resumed business in September 2002.
The Fund, however, has determined that the resumed operations are
merely a fraction of what they previously were with many fewer workers
and a much lower level of output. These facts coupled with what the Fund
perceives to be the company's persistent refusal to
Page 8
provide information concerning the nature of its resumed operations*fn2
led the Fund to conclude that the resumed operation may be merely a
transaction to evade or avoid withdrawal liability under Section 4212(c)
of the MPPAA, 29 U.S.C. § 1392(c). The defendant, although it
presented evidence at the hearing regarding its resumed operations, did
not meet its burden that this position of the plaintiff is frivolous and
that the arbitrator is almost certain to rule against the plaintiff.
Accordingly, even if we were to hold that the equitable exception
applies, we would have to rule in favor of the plaintiff and grant the
preliminary injunction.
Because we find that the defendant has not established that the
plaintiff's claim is frivolous or non-colorable we need not decide
whether an equitable exception exists or whether the defendant has
established irreparable harm to itself.
For the foregoing reasons, the preliminary injunction will be granted.
In the plaintiffs' complaint, they also seek to have their attorney's
fees paid by the defendant. The attorney fee shifting provision of the
MPPAA is found at 29 U.S.C. § 1451(e). A prevailing plaintiff should
be awarded an attorney's fee unless special circumstances would render
such an award unjust. Dorn's Transp., Inc. v. Teamsters Pension
Trust Fund, 799 F.2d 45, 48 (3d Cir. 1986).
Page 9
Thus, we shall grant the plaintiff's request for attorney's fees and
costs. We shall order the plaintiff to submit a petition for attorney's
fees and costs setting forth the amounts they seek within ten (10) days
from the date of this order. The defendant shall then have ten (10) days
to respond to the plaintiffs' fee petition. An appropriate order follows.
Page 10
AND NOW, to wit, this 16th day of January 2004, it is hereby
ORDERED as follows:
1) Plaintiffs' request for injunctive relief is hereby
2) The defendants are ORDERED to pay to the Anthracite Health
and Welfare Fund its assessment of withdrawal liability of $1,875,264 in
38 equal monthly installments of $52,816.35, retroactive to May 1, 2003,
and a final installment of $11,423.53 on July 1, 2006, this portion of
the order is STAYED for thirty days to provide the defendant an
opportunity to appeal and it is also stayed during the pendency of any
such appeal pursuant to FED. R. CIV. P. 62(c); and
3) Plaintiffs are directed to file an Attorney's Fee Petition by
January 30, 2004 so the court can determine the amount of the attorney's
fee award. The defendant may respond to the plaintiffs' petition within
ten (10) days of its filing.
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June 14, 2006
CLARE HEALY, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF HER MINOR CHILD, RODNEY HEALY, PLAINTIFFS,v.UNITED STATES OF AMERICA, DEFENDANT.
Clare Healy, individually and on behalf of her minor son, Rodney Healy, sues Special Agent ("S.A.") Hugh Stuart Williamson of the Federal Bureau of Investigation ("FBI") for injuries allegedly sustained when, in June 2002, S.A. Williamson's vehicle struck her vehicle in downtown Washington, D.C. Although Ms. Healy notified S.A. Williamson and the FBI that she and her son were represented by counsel in connection with the accident, she failed to respond to the FBI's two requests that she appropriately document her claims for processing pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Instead, she waited more than two years, and filed this tort action in D.C. Superior Court.
The United States certified that S.A. Williamson was on official duty when the accident occurred, substituted the United States as the sole defendant, and removed to this Court. The United States now moves to dismiss, asserting that the Court lacks subject matter jurisdiction due to Ms. Healy's failure to exhaust administrative remedies. Ms. Healy does not contest her failure to exhaust; rather, she contends that because S.A. Williamson was not acting within the scope of his employment at the time of the accident, the FTCA does not apply, and it is S.A. Williamson, not the United States, that is the proper defendant.
Thus, the narrow question presented here is whether S.A. Williamson was "acting within the scope of his office or employment" at the time of the accident. Ms. Healy requests jurisdictional discovery on this issue. However, the evidence before the Court on this point being uncontroverted, and Ms. Healy's failure to file proper FTCA claims being undisputed, the Court finds it has no jurisdiction over the action. The United States's motion to dismiss for lack of subject matter jurisdiction will be granted.
At about 8:15 a.m. on June 17, 2002, S.A. Williamson was driving a vehicle that struck the rear of a car operated by Ms. Healy.*fn1 Inside Ms. Healy's car was her son, Rodney Healy. Healy Aff. ¶ 2. At the time of the collision, S.A. Williamson was en route from the FBI Field Office in Washington, D.C. - where he had dropped off a colleague - to his own office in Calverton, Maryland. Williamson Decl. ¶ 4. He was driving an FBI-owned vehicle. See id. ¶ 2.
By letter dated August 16, 2002, attorney Jay S. Marks notified S.A. Williamson that he had been retained by Ms. Healy in connection with the accident. That letter said simply: "This office represents Ms. Clare Healy for damages and personal injuries sustained in an automobile accident on June 17, 2002[,] on New York Avenue, N.E., near its intersection with First Street, N.E., in Washington, D.C. Please give this letter to your automobile insurance company and to your employer." Def.'s Mot. to Dismiss, Exh. A. Robert W. Chamberlain, Chief Division Counsel, answered Mr. Marks's letter on October 7, 2002. Id., Exh. B. That response stated, in part:
Please be advised that in order to process an administrative claim pursuant to the provisions of the Federal Tort Claims Act (FTCA), we must be in receipt of a properly completed claim. Enclosed for your client, Clare Healy's convenience[,] are two blank Standard Form 95's (SF-95's), Claims for Damage, Injury or Death. . . .
In order for you to present a claim on behalf of Ms. Healy and to comply with the regulations governing the filing of such claims, Title 28, Code of Federal Regulations (C.F.R.), Sections 14.2(a) and 14.3(b), it is necessary that you submit documentation signed by Ms. Healy which evidences your authority to present a claim on her behalf as her agent or representative.
Id. at 1. Mr. Marks wrote to Mr. Chamberlain again on December 17, 2002. Instead of submitting the claim forms as Mr. Chamberlain had suggested, Mr. Marks stated only: "This office represents Mr. Rodney Healy, a minor child, for damages and personal injuries sustained as a passenger in an automobile accident on June 17, 2002, on New York Avenue, N.E., near its intersection with First Street, N.E., in Washington, D.C. Mr. Healy is the minor son of Ms. Clare Healy, whose file number is referenced above." Def.'s Mot. to Dismiss, Exh. C. Mr. Chamberlain responded by letter dated January 24, 2003, again advising Mr. Marks of the appropriate way to present a claim under the FTCA and forwarding blank SF-95's. Neither Ms. Healy nor Mr. Marks submitted the necessary paperwork thereafter. Chamberlain Decl. at 2-3.
Ms. Healy filed suit in D.C. Superior Court on June 16, 2005. On October 6, 2005, the United States certified that S.A. Williamson was acting within the scope of his employment at the time of the incident, and substituted the United States as the sole defendant, pursuant to the FTCA. See 28 U.S.C. § 2679(d)(1).*fn2 On the same day, the FBI also removed the action to this Court. The FBI's motion to dismiss, filed on December 14, 2005, has been fully briefed and is now ripe for decision.
The United States moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), which governs motions to dismiss for lack of subject matter jurisdiction. Generally, under Rule 12(b)(1), the Plaintiffs bear the burden of establishing by a preponderance of the evidence that the Court possesses jurisdiction. See Shekoyan v. Sibley Int'l Corp., 217 F. Supp. 2d 59, 63 (D.D.C. 2002); Pitney Bowes, Inc. v. U.S. Postal Serv., 27 F. Supp. 2d 15, 19 (D.D.C. 1998). It is well established that, in deciding a motion to dismiss for lack of subject matter jurisdiction, a court is not limited to the allegations set forth in the complaint, "but may also consider material outside of the pleadings in its effort to determine whether the court has jurisdiction in the case." Alliance for Democracy v. Fed. Election Comm'n, 362 F. Supp. 2d 138, 142 (D.D.C. 2005); see Lockamy v. Truesdale, 182 F. Supp. 2d 26, 30-31 (D.D.C. 2001).
As the King of Siam would have said to Anna, this case is a puzzlement.*fn3 Twice advised how properly to file her claims, Ms. Healy failed to comply. Mr. Chamberlain specifically identified the applicable statute and regulations and provided the appropriate forms, with thorough directions. Instead of following those directions and pursuing her claims against the United States, which has ample money to pay any damages proven, Ms. Healy has insisted on suing S.A. Williamson, who may well not.
Ms. Healy does not dispute that she failed to file the appropriate and necessary forms under the FTCA; this point is deemed conceded. See Fox v. Am. Airlines, Inc., No. 02-2069, 2003 U.S. Dist. LEXIS 13606, at *5 (D.D.C. Aug. 5, 2003) ("[W]hen a plaintiff files a response to a motion to dismiss but fails to address certain arguments made by the defendant, the court may treat those arguments as conceded, even when the result is dismissal of the entire case.").*fn4 Instead, she argues that S.A. Williamson was not "acting within the scope of his office or employment" at the time of the accident, 28 U.S.C. § 1346(b), and requests jurisdictional discovery on the issue. The Court finds otherwise from the undisputed record facts, and denies the request for jurisdictional discovery.
A. An Evidentiary Hearing is Unnecessary
The Federal Employees Liability Reform and Tort Compensation Act of 1988, commonly known as the Westfall Act, 28 U.S.C. § 2679(d), provides that a federal employee is immune from tort liability when he is "acting within the scope of his office or employment at the time of the incident out of which the claim arose." Id. § 2679(d)(1). Pursuant to the Westfall Act, when the Attorney General or his designee believes that a federal employee was acting within the scope of employment, he may issue a certification to that effect. Haddon v. United States, 68 F.3d 1420, 1423 (D.C. Cir. 1995). "Where, as here, the lawsuit is initially filed in state court, this certification has three consequences: it requires the Attorney General to remove the lawsuit to the local federal court; it requires the substitution of the United States for the federal employee as the defendant in the lawsuit; and it converts the lawsuit into an action against the United States under the Federal Tort Claims Act." Id. (citing 28 U.S.C. § 2679(d)(2)). However, this certification is not conclusive regarding substitution; rather, the Court may determine independently whether the employee acted within the scope of employment and, therefore, whether substitution of the federal government is proper. Id. (citing Gutierrez de Martinez v. Lamagno, 515 U.S. 417, 431-32 (1995), and Kimbro v. Velten, 30 F.3d 1501, 1509-10 (D.C. Cir. 1994)). This Court's review of the Attorney General's scope-of-employment certification is de novo. Gutierrez de Martinez v. DEA, 111 F.3d 1148, 1154 (4th Cir. 1997); McHugh v. Univ. of Vt., 966 F.2d 67, 71-72 (2d Cir. 1992).
Where a plaintiff, like Ms. Healy, challenges the scope-of-employment certification, her "burden [i]s to raise a material dispute regarding the substance of [that] determination by alleging facts that, if true, would establish that the defendant[ was] acting outside the scope of [his] employment." Stokes v. Cross, 327 F.3d 1210, 1215 (D.C. Cir. 2003). In other words, to obtain discovery and an evidentiary hearing, id. at 1215, Ms. Healy is "merely required to plead sufficient facts that, if true, would rebut the certification," id. at 1216. But "[n]ot every complaint will warrant further inquiry into the scope-of-employment issue." Id. A complaint may be dismissed without a hearing where a plaintiff fails to allege any facts that, if taken as true, would demonstrate that the defendant was acting outside the scope of his employment. Id.
Ms. Healy's Complaint contains no allegations relevant to the scope-of-employment issue. Her only allegations directed to this issue are found in a single paragraph of an affidavit submitted in opposition to the United States's Motion to Dismiss. That paragraph states:
After the accident, we pulled into the parking lot of a nearby McDonald[']s restaurant. During the exchange of information, Mr. Williamson never stated that he was working at the time of the accident. He was dressed and appeared as though he was on his way to his office to start his work day. In addition, the time of the accident, approximately 8:15 a.m., led me to believe that he was on his way to work. At no time did he say he was on duty or that he was doing any work-related activities of any kind.
Healy Aff. ¶ 4. Because the Court accepts these factual assertions as true, and the United States does not, in fact, dispute that S.A. Williamson was "on his way to work" at the time of the accident, there is no need for discovery on this point. Koch v. United States, 209 F. Supp. 2d 89, 92 (D.D.C. 2002) (citing Gutierrez de Martinez, 111 F.3d at 1153 (explaining that discovery and an evidentiary hearing are necessary only when there is a "genuine question of fact material to the scope-of-employment issue")). The remaining question, to which the Court now turns, is a purely legal one: Was S.A. Williamson "acting within the scope of his office or employment" at the time of the accident?
B. S.A. Williamson Was Acting Within the Scope of His Employment
Whether a federal employee is acting within the scope of his employment is, interestingly, a question of state law - here, the District of Columbia. Stokes, 327 F.3d at 1214 (citing Haddon, 68 F.3d at 1423). D.C. law, in turn, looks to the Restatement (Second) of Agency in defining scope of employment. Id. at 1215-26. The Restatement provides:
Conduct of a servant is within the scope of employment if, but only if: (a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated, at least in part, by a purpose to serve the master; and (d) if force is intentionally used by the servant against another, the use of force is not unexpectable by the master.
Restatement (Second) of Agency § 228(1). Conduct must be "of the same general nature as that authorized" or "incidental to the conduct authorized" to be within the scope of employment. Id. § 229(1). Though agreeing with these legal precepts, Ms. Healy suggests that "[i]f Mr. Williamson . . . was on a personal errand . . . [or] was not yet on the job but was simply driving from his home to his office, he was not doing anything within the scope of his employment, and the [FTCA] is not properly invoked." Pls.' Opp'n at 6.*fn5
The undisputed facts demonstrate, however, that although S.A. Williamson "was simply driving from his home to his office" at the time of the accident, he was nonetheless already "on the job." In June 2002, S.A. Williamson was "a member of the [FBI's] Counterintelligence squad and the Hazardous Materials Response Team and frequently had to support other squads in response to terrorism or criminal investigations or to respond to weapons of mass destruction (WMD) threats in the Baltimore Division." Williamson Decl. ¶ 2. To ensure that "each field office [has] an adequate capacity to respond to emergency and other investigative demands," the FBI has implemented a "Home-to-Work Transportation Plan" that authorizes certain personnel, including S.A. Williamson, to use a "government vehicle[] . . . on a routine basis for home-to-work transportation." Def.'s Mot. Exh. A (Manual of Administrative Operations and Procedures ("MAOP") § 1-3.1.1). In other words, the FBI designates certain of its agents to be always at-the-ready in case of emergency, and S.A. Williamson is one such agent. See Williamson Decl. ¶ 2; Def.'s Mot. Exh. B (Memorandum on Home-to-Work Transportation Plan, Baltimore Field Office Policy) ("It has been determined that the responsibilities and operational needs of [S.A. Williamson] continue to require the home-to-work use of [a government] vehicle."). Accordingly, S.A. Williamson's driving to work in a government vehicle was explicitly authorized, and was incidental to his duty as a member of the Counterintelligence squad and the Hazardous Materials Responses Team "to respond to emergency and other investigative demands." Def.'s Mot. Exh. A (MAOP § 1-3.1.1). The first prong of the Restatement test is thus met. See Restatement (Second) of Agency §§ 228(1)(a), 229(1).
The accident also took place "substantially within the authorized time and space limits," id. § 228(1)(b), and thus meets the second prong of the Restatement test. It is not disputed that the accident occurred at approximately 8:15 a.m., while S.A. Williamson was driving from his home near Quantico, Virginia, to his office in Calverton, Maryland, after dropping off a colleague at the FBI Field Office in Washington, D.C. Ms. Healy herself explains that "[t]he time of the accident . . . led [her] to believe that [S.A. Williamson] was on his way to work." Healy Aff. ¶ 4. The FBI specifically authorized S.A. Williamson to commute in a government car to increase his capacity to respond to emergencies, and his stop in Washington to drop off a colleague was an incidental act, permitted by FBI policy, that did not require a significant deviation in his route.*fn6 Thus, the accident occurred within the time and space limitations authorized.
Finally, S.A. Williamson's driving to work in a government car served the FBI's needs, and was thus "actuated, at least in part, by a purpose to serve the master." Restatement (Second) of Agency § 228(1)(c). S.A. Williamson is one of those agents specifically designated by the FBI to be able and ready to respond immediately upon need. Williamson Decl. ¶ 2. Past incidents that have required his immediate response include the terrorist attacks of September 11, 2001; a WMD threat at the Southern Avenue Metro in Temple Hill, Maryland; and an anthrax incident at a Department of Justice mail facility. Id. The FBI determined that its "operational needs . . . require[d]" S.A. Williamson's use of a government vehicle, Def.'s Mot. Exh. B, and that use effectuated the FBI's purpose: to ensure that the FBI had "adequate capacity" to respond in emergency situations. The third prong of the Restatement test is thus satisfied.*fn7
On these facts, S.A. Williamson's driving to work on the morning of the accident was simply part of his job. The Court therefore concludes that the United States correctly certified that he was acting within the scope of his employment at the time of the accident and properly substituted itself as defendant. Although Ms. Healy had ample opportunity to pursue relief against the United States under the FTCA, she failed to file proper claims, despite being instructed and provided the requisite forms, not once but twice. The Court is now powerless to help. Having knowingly failed to exhaust their administrative remedies, neither Ms. Healy nor Master Healy can now be heard to complain.
The Court is without jurisdiction to entertain this suit and it will be dismissed pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction. A memorializing order accompanies this memorandum opinion.
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2016-17 Kindergarten Gifted/Talented Referral Information
TAYLOR ISD is now accepting referrals for Kindergarten students who may need Gifted/Talented Services. This program is designed for students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services and activities not ordinarily provided by the school in order to fully develop those capabilities. Click the link above for more information.


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Risk Analysis concerns itself with the quantification of risk, the modeling of identified risks and how to make decisions from those models. Quantitative risk analysis (QRA) using Monte Carlo simulation offers a powerful and precise method for dealing with the uncertainty and variability of a problem. By providing the building blocks the author guides the reader through the necessary steps to produce an accurate risk analysis model and offers general and specific techniques to cope with most modeling problems. A wide range of solved problems is used to illustrate these techniques and how they can be used together to solve otherwise complex problems.An Introduction to Probability Theory and its Applications, 2nd edition. New York, NY: John Wiley ... Discrete Multivariate Distributions. New York, NY: John Wiley ... Advanced Engineering Mathematics, 7th edition. New York, NY: John Wileyanbsp;...
|Risk Analysis
|David Vose
|John Wiley & Sons - 2008-05-19


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Ratings based on 16 Verified Reviews
They paid and stayed. We double-checked.
3.1 Room cleanliness
3.2 Service & staff
3.0 Room comfort
2.8 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by Daham
Posted Jan 12, 2016 on Hotels
by A verified traveler
best option for low pricePosted Jun 16, 2014 on Hotels
the place is in center of city...close to beach...n eating spots...best place for people on business visits
by Jacky
It is a trap hotel reservation!Posted Jun 5, 2014
The hotel is VERY hard to find (they changed the hotel name several times recently). Neither the GPS nor the local taxi drivers had an easy time finding the location. When we reached there the management treated us poorly and refused to correct a booking mistake (not made by us). I made the reservation for myself and my husband through Expedia, but the paperwork sent to the hotel listed "1 guest." The hotel staff refused to let me stay with my husband and said that I could not even purchase another room because they were full! The ultimatum was "one of you can stay here or find another hotel." They did not even recommend another hotel or help us in our search. My husband and I ended up searching for another place to stay that night. I am disputing this purchase and would NOT recommend this hotel to anyone ever.
Comment from Hotel Management
Jan 3, 2015 by Ahmed Samir, Hotel Management
Dear guest, We are remorse that your experience with us was not a pleasant one. In deed hotel could have been flexible with number of persons if marriage certificate was presented upon check in, but unfortunately it was not, which it does not meet with state of Kuwait requirements. We will be more than delighted to host you again if all certificates needed are provided.
by A verified traveler from Boston, MA
THE HOTEL WAS NICE BUT THE STAFF WAS AWFUL.Posted May 28, 2014
Pros: The hotel was nice in appearance.
Cons: Change the whole staff. They were awful.
FROME THE MOMENT WE WALKED IN, WE WERE BEING JUDGED. WE WERE LOOKED AT WEIRD AS WELL AS THE MALE STAFF WERE VERY DISRECTFUL TO ME AND MY OTHER FEMALE FRIEND. At one point I was going to my room with some left over food and the male server grabbed the food from me then said you're not allowed to bring food in your room, you're NOT ARAB.
by A verified traveler
Posted May 12, 2014
clean hotel. small but good, the breakfast is ok and near from towers and beach and alhamra mall.
by fahad
Posted Mar 29, 2014 on Hotels
by A verified traveler
Must be better hotels in KuwaitPosted Mar 11, 2014 on Hotels
The hotel is sandwiched between busy roads that are hard to cross and a 20 minute walk to the seafront. Room smelt very must,. Was enormous but very tattily furnished and I would much prefer a small room with a clean smell and new fittings. Breakfast is acceptable but if you are on business you should probably choose somewhere else
by AboZeyaD
Good locationPosted Feb 10, 2014 on Orbitz
I went there with my family and the hotel staff upgrade me for free Quite good hotel with big rooms
by A verified traveler
Posted Dec 14, 2013 on Hotels
by A verified traveler
Posted Dec 12, 2013 on Hotels


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Map and how to get there
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What's nearby:
How to get there
Nearest travel links
|Orlando International Airport approx 30 mins drive
|Car advised
Activities near Davenport
How to get there
From the UK there are flights from most major airports to both Sanford International Airport and Orlando International Airport. Numerous car rental companies are on site so you can pick up your car and be on your way. Ensure you book a car in the UK though as it will be more expensive to book when you arrive.From both airports it is easy to get to The Palms and directions are sent with the address prior to your holiday with us.There is a Publix supermarket on the way to the villa, just a couple of minutes drive away, which is convenient to pick up your groceries. At Championsgate, 5 minutes drive away, there are two gas stations to fill up the car (as well as restaurants and take-aways and another Publix).Driving is very easy. All cars are automatic and overtaking is allowed on either side on the interstates. Exits can also be on either side of the highway. Speed limits tend to be lower than in the UK but it doesn't feel slow in such a laid-back country and, hey, you're on holiday! Car parking spaces are large to allow for the big cars that a lot of people like to drive, although smaller cars are around too. Gas is much cheaper than the UK, but like here can vary between stations. When filling up at the gas station you need to pre-pay, either with a card at the pump, or at the counter inside by cash or card.Eating out is very reasonable, ranging from buffet type restaurants to fine dining. Coupons are often available and use of them is common. Don't forget to tip your server as this is expected (and service is very good anyway).


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Why is Lady Gaga calling for an end to 'fanwars'?
Two months ago Aaron Carter, brother of Backstreet Boy Nick, was beaten up on a trip to Boston because, as one of his assailants reportedly claimed: "This is the town of the New Kids." Such territorial clashes remind us that there is nothing new in pop rivalry, it's an energy that labels and artists have used to their advantage over the years.


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Tag Archive For "Donation Letter Business Entity Example"
Donation Letter Business Entity
Donation letter for business entities aim at requesting them to make contributions to any cause or event that takes place in our social life, political or religious sphere. In this sense such a letter is much wider in scope and appeal. No group can make such an appeal for any cause for business people are …
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We're sorry, no products were found for your search: pet gear steps and ramp combination
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Veteran Outdoors Is Giving Away Brutus El Jefe
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- Bank Name:The First National Bank of Allendale
- Bank Class:National Bank
- Member FDIC:Certificate #12365
- Routing Number:N/A
- Locations:2 Branches in Illinois
- Web Address:e-firstnationalbank.com
The First National Bank of Allendale was founded in January 1906 and is based in Allendale, Illinois. The bank operates as a subsidiary of Allendale Bancorp, Inc. According to the FDIC and based on the institution's charter type, The First National Bank of Allendale is classified as a commercial bank, national (federal) charter and Fed member, supervised by the Office of the Comptroller of the Currency (OCC). The First National Bank of Allendale is a FDIC-insured bank with certificate number of 12365.
The First National Bank of Allendale currently operates with 2 branches located in Illinois. The bank does not have any offices outside Illinois.
Bank routing number is a 9 digit code which is necessary to process Fedwire funds transfers, process direct deposits, bill payments, and other such automated transfers. We currently do not have a routing number for The First National Bank of Allendale in our database.
The full address of bank headquarters is 301 East Main Street, Allendale, IL 62410. You can visit the official website of the bank at www.e-firstnationalbank.com for more information and online banking service if available. For a list of all The First National Bank of Allendale branches and detailed branch information like hours of operation, phone number and address; please refine your search by selecting a state from the map or list below.


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Very good experience/ hands-on in Oracle Database SQL and PLSQL, Unix Excellent development experience
Would be responsible for both support and improvement tasks
Exposure to capital market or banking applications or relevant domain will be an added advantage
Must have good communication and soft skills besides being good at problem Solving and ability to learn quickly.
Good analytical skills. Independent worker and quick to learn from existing team members.
Sql Oracle Pl Plsql Unix Oracle Database Database Sql Pl/sql


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Load balancing is the process to distribute the amount of work that is conducted by a system between a numbers of different computer systems to increase the speed. It is usually completed using a cluster of computer servers that may or may not be located in the same location. There are many businesses that have realized the benefits of using load balancing and the implemented the services. Companies that are offering online services and have large number of transactions using internet are the prime candidates to use load balancing services.
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Have Any Query, Contact Our Support Team


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"National Museum" National Museum of Iceland Tip by thelittlevoice
National Museum of Iceland, Reykjav�k: 16 reviews and 49 photos
The National Museum of Iceland is a modern and progressive museum, providing a comprehensive picture of the past 1200 years of Iceland's cultural history, as well as offering diverse special and photographical exhibitions. The museum holds up to three thousand objects, among them most of the greatest treasures of the Icelandic nation. The building also houses a fully equipped lecture hall, a fine museum store and a cafe which is a cultural refuge in the city centre and on the university grounds. The National Museum of Iceland is a palce which no fan of the history and culture of the nation can afford to miss.
Admission: ISK 600, free on Wednesday.
Open daily from 10am to 5pm in summer.
Address: Suourgata 41, 101 Reykjavik
Directions: You can take bus no. S1, 12, 14 and 15.
Phone: +354 530 2200
Website: http://www.natmus.is/english
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BioSince the 2002 release of The Walkmen's debut, Everyone Who Pretended to Like Me is Gone, fans and critics have often described them as having the sound of two different bands: one with a chaotic, soaring and unique live rock sound and another with a spacious, wide-open recorded sound. This is certainly a fair assessment as Everyone... was written and recorded in their own studio before they had ever played a show. The live sound was developed during the two years of touring that took place after its release. On Bows and Arrows (Record Collection), the band's highly anticipated second album, the two styles gloriously collide. Self-assured and more fully realized, The Walkmen are growing into one of the most exciting bands out there today.
Want more? The Walkmen interview, complements of Indie Workshop.


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I wanted to enroll in a super intensive German course no during my vacations, but Goethe institute seems full booked and with Inlingua have not a great experience must admit.
I am looking for a retired German teacher who can meet me during nearly three weeks and apart of teaching me some grammar, takes me to daily life situations, as shopping, doctor, bank, ...
I have been almost three years in Frankfurt and due to the fact of working in English in an international environment, plus having foreign friends, I have not been successful in such important issue to feel adapted, so there my goal, if anyone can help, give recommendations or send me contacts, I will be very please.
From where I come from (Basque region in Spain) when you face this problem, you go to a village for as many weeks as you can and stay with a family who does not know your mother tongue, so Spanish and most of the people get good results, do you know anything similar in Germany or a family willing to?
Thanks in advance,Cristina


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|About Us
Get Ready for Big Gold Mining Profits in 2011By Matt Badiali, editor, S&A Resource Report
Wednesday, January 5, 2011
With gold near $1,400 per ounce, major gold producers are going to make a ton of money in 2011.
Some investors will too, but it won't be as easy as you think.
Today, I'm going to show you which gold miner we must own in 2011. But before I get there, let me back up...
Gold prices are up, which is great for gold miners. But their costs are up, too.
To keep it simple, we can think of a gold miner's earnings as the amount it gets from selling gold, minus the amount it has to spend on the electricity, concrete, steel, and diesel fuel it needs to get the gold out of the ground.
The prices of electricity, concrete, steel, and diesel fuel are high and rising. The last time we saw these levels was in 2008. Take diesel fuel, for example. This is a major cost for gold miners. It runs everything from the excavators to the dump trucks.
In 2008, the average price of a gallon of diesel fuel was $3.80. Right now, it's $3.31 – and we're likely to see it climb over the next few months at least. So using the 2008 price is a reasonable assumption.
Below, you'll find a table of three of the biggest and best gold miners. I compared estimated 2010 earnings with what they'll make in 2011 if gold stays at $1,400 per ounce and costs are similar to 2008. Take a look...
As you can see, there is one clear winner. Goldcorp's net earnings will rise 86% from 2010's estimated net earnings. Barrick Gold's net will rise 42% in that scenario, while Newmont's nudges up 20%.
It turns out, Goldcorp is the cheapest among the three as well.
Here's another table, which shows you how much you're paying based on last year's earnings... and how much you're paying based on my estimate of their 2011 earnings...
At more than 24 times last year's earnings, Goldcorp may look expensive. But using my numbers for 2011, it's a great deal.
There's no guarantee gold will remain at $1,400. It could sink to $1,200. It could skyrocket to $1,800. But the big, long-term trend here is up... and if it continues, big gold miners are going to start rolling in profits. And the best deal in "big gold" is Goldcorp.
Good investing,
Further Reading:
Commodities are climbing across the board, which is turning into big gains for the share prices of commodity stocks. "But we'd be foolish to focus only on the potential gains," Matt cautions. "We need to acknowledge that things could get crazy... but we still need to manage our risk." Pick up some tips here: The Key to Investing in Commodities in 2011.
There is a potential bomb hidden in the energy sector. But Matt has discovered an early warning system. Don't miss his essay here: If You're an Energy Investor, You Must Watch These Stocks.
Natural gas rockets to its highest level in over four months.
BP shares jump to seven-month high… up more than 70% from June lows.
China coal giant Yanzhou Coal breaks out to fresh all-time high… up more than 25% in three months.
Russia fund RSX quietly jumps to new two-year high.


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November 21, 2008
LARRY L. JORDAN, PETITIONER/DEFENDANT,v.UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.
This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. In an open plea, Petitioner pleaded guilty to one count involving conspiracy to distribute crack cocaine. He was sentenced to 262 months imprisonment, ten years supervised release, a fine of $500, and a special assessment of $100. On appeal, Petitioner challenged the reasonableness of his sentence, the disparity between sentences for crack cocaine and powder cocaine,*fn1 and the use of a prior conviction to enhance his sentence. He also challenged one condition of his supervised release -- that he participate in a drug or alcohol abuse treatment program. United States v. Jordan, 485 F.3d 982 (7th Cir.), cert. denied, 128 S.Ct. 312, reh'g denied, 128 S.Ct. 827 (2007). Each of these arguments was rejected; his conviction and sentence were affirmed. Id. at 985. On March 6, 2008, Petitioner filed the instant motion under § 2255.
In this motion, Petitioner raises just one ground for relief: he asserts that trial counsel was ineffective in giving him erroneous advice about his potential sentence when considering whether to proceed to trial or enter a guilty plea. Counsel's initial calculation was a maximum sentence of 188 months if Petitioner pleaded guilty, rather than a likely 188-262 month range if he went to trial. Unfortunately, Petitioner's prior criminal history required a minimum 20-year sentence, so even with his guilty plea, he ended up with a 262-month sentence. Petitioner now claims that had he received accurate advice from counsel, he would have proceeded to trial.
The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order. The Government shall, as part of its response, attach all relevant portions of the record.
J. Phil Gilbert U. S. District Judge
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When the pressure's on, let Stance's Crunch Crew handle it. This mid-rise performance sock style from our Fusion Athletic collection blends art and science together for a sock that looks as good as it feels, proving you don't have to sacrifice anything (besides a little sweat).
Stance stands behind their product, but due to the nature of socks and underwear, they take a lot of punishment and it can be hard to determine how long they have been worn for and for what purposes. Stance will replace any items that have been deemed defective, as opposed to wear and tear, within 30 days of purchase. *Stance is not responsible for tag removal damage* For more information or to start the warranty process please visit https://www.stance.com/warranty/warranty-faqs.html
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We enlisted a blend of performance fibers that work together to move sweat away from the surface of your skin to help feet manage moisture, while specialized mesh vents extend from the top of the foot to the arches for extra airflow. To help manage the heat, the Crunch Crew sports our signature Air-Channel Cushioning design, while a graduated compression fit enhances circulation. For added durability during your longest days, each sport is built with a reinforced heel and toe and separate fit for each foot. Everyone knows pressure makes diamonds, so shine bright in Stance's Crunch Crew.
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William F. Clark, MD; A. Keith Stewart, MD; Gail A. Rock, MD; Marion Sternbach, MD; David M. Sutton, MD; Brendan J. Barrett, MD; A. Paul Heidenheim, MA; Amit X. Garg, MD; David N. Churchill, MD; the Canadian Apheresis Group
ClinicalTrials.gov identifier: NCT00120263.
Grant Support: By the Canadian Institute of Health Research, Gambro BCT, and The Kidney Foundation of Canada.
Potential Financial Conflicts of Interest: Grants received: W.F. Clark (Kidney Foundation of Canada, Canadian Institute of Health Research, Gambro BCT).
Requests for Single Reprints: William F. Clark, MD, London Health Sciences Centre, 800 Commissioners Road East, London, Ontario N6A 4G5, Canada.
Current Author Addresses: Drs. Clark and Garg and Mr. Heidenheim: London Health Sciences Centre, 800 Commissioners Road East, London, Ontario N6A 4G5, Canada.
Dr. Stewart: Princess Margaret Hospital, 620 University Avenue, Toronto, Ontario M5G 2C1, Canada.
Dr. Rock: The Ottawa Hospital, 1053 Carling Avenue, Ottawa, Ontario K1Y 4E9, Canada.
Drs. Sternbach and Churchill: McMaster University, St. Joseph's Hospital, 50 Charlton East, Hamilton, Ontario L8N 1A6, Canada.
Dr. Sutton: Toronto General Hospital, 200 Elizabeth Street, Toronto, Ontario M5C 2G4, Canada.
Dr. Barrett: Memorial University of Newfoundland, 300 Prince Philip Drive, St. Johns, Newfoundland A1B 3V6, Canada.
Author Contributions: Conception and design: W.F. Clark, A.K. Stewart, G.A. Rock, M. Sternbach, B.J. Barrett, A.P. Heidenheim, D.N. Churchill.
Analysis and interpretation of the data: W.F. Clark, A.K. Stewart, B.J. Barrett, A.P. Heidenheim, A.X. Garg, D.N. Churchill.
Drafting of the article: W.F. Clark, A.K. Stewart, A.P. Heidenheim, D.N. Churchill.
Critical revision of the article for important intellectual content: W.F. Clark, A.K. Stewart, M. Sternbach, D.M. Sutton, B.J. Barrett, A.P. Heidenheim, A.X. Garg, D.N. Churchill.
Final approval of the article: W.F. Clark, A.K. Stewart, A.X. Garg, D.N. Churchill.
Provision of study materials or patients: W.F. Clark, G.A. Rock, M. Sternbach, D.M. Sutton, D.N. Churchill.
Statistical expertise: W.F. Clark, A.P. Heidenheim, A.X. Garg, D.N. Churchill.
Obtaining of funding: W.F. Clark, A.K. Stewart, D.N. Churchill.
Administrative, technical, or logistic support: W.F. Clark, G.A. Rock.
Collection and assembly of data: W.F. Clark, A.P. Heidenheim, D.N. Churchill.
Clark WF, Stewart AK, Rock GA, Sternbach M, Sutton DM, Barrett BJ, et al. Plasma Exchange When Myeloma Presents as Acute Renal Failure: A Randomized, Controlled Trial. Ann Intern Med. 2005;143:777-784. doi: 10.7326/0003-4819-143-11-200512060-00005
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© 2016
Published: Ann Intern Med. 2005;143(11):777-784.
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Hematology/Oncology, Nephrology, Acute Kidney Injury, Multiple Myeloma.
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Hi, Dr. Jacobs....I am 9w6d pregnant and have been experiencing a clear watery discharge from time to time. It only happens on occasion and leaves a spot the size of a thumbnail. Should I be worried that I am leaking amniotic fluid?God bless!!!
I must advise you to be evaluated by your OB. Good luck.
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Supernatural's Super Women (PHOTOS)
Katie Yu/The CW
© Warner Bros. Entertainment, Inc
Amara (Emily Swallow)Older than light and even her brother, God, the destructive primal force known as the Darkness was inadvertently released from God's eternal prison and set out to destroy the world. Only her pet Dean (Jensen Ackles) would have been spared to become a part of her. Thankfully, a celestial sibling sit-down postponed her nefarious plans. "It was hard playing a human in a scene with such an omnipotent character," Ackles admits. "Emily did a fantastic job, and I just played dumb."
Katie Yu/The CW
Jody Mills (Kim Rhodes)Dean and Sam (Jared Padalecki) helped the kindly Sioux Falls, South Dakota, sheriff save her town from zombies, including her own son. Since then, they have worked together numerous times to rid the world of monsters. "Sheriff Mills took the boys under her wing," Padalecki says. "She is a really cool, really independent female character."
Jack Rowand/The CW
Charlie Bradbury (Felicia Day)The irrepressible computer hacker got into supernatural hunting after she helped the brothers destroy the Leviathan Dick Roman. She teamed up with Dorothy to save the legendary Landof Oz from evil but met her demise while working on the translation of the Book of the Damned, a powerful spell manual. "Charlie is one of my favorite characters ever on the show,"Ackles says, "and Felicia is infectiously charming."
©Warner Bros. Entertainment, Inc
Billie (Lisa Berry)The main reaper of souls, she took over for Death (of Four Horsemen of the Apocalypse fame) after Dean killed him. Later she came to claim the dying God after his confrontation with Amara. "She wants to run Hell," Ackles says, "and she's a great foil for the boys. Lisa was supposed to do one episode, but she was so talented and badass that she keeps coming back."
Diyah Pera/The CW
Abaddon (Alaina Huffman)The ambitious Knight of Hell was trained by Cain (of Biblical fame), slaughtered the occult scholars known as the Men of Letters and was determined to become queen of the underworld once she dispatched Crowley. "A delicious villain; sexy and almost unstoppable," Sheppard says. "Alaina played her with wonderful whimsy." Ironically, Dean killed Abaddon with Cain's knife, known as the First Blade.
©Warner Bros. Entertainment, Inc
Donna Hanscum (Briana Buckmaster)The sunny Minnesota sheriff rarely lets anything get her down, and that includes the world of monsters, vampires and evil spirits that she was introduced to by her friend Jody Mills and the Winchesters. "Donna is amazing comic relief in a show that can be so dark," Padalecki says. "I was thrilled that they brought Briana on so somebody could hold their own against Jensen's perfect comic timing."
Sergei Bachlakov/The CW
Ruby (Katie Cassidy and Genevieve Cortese)"Ruby was Supernatural's original femme fatale," says Padalecki, who is now married to Cortese (above, who took over from a pre-Arrow Cassidy as Ruby's prime portrayer in Season 4). "Sam was seduced by her demonic charms and addicted to her blood." He thought she was helping him prevent the Apocalypse, but instead she tricked him into releasing Lucifer. Dean then killed her with her own knife.
Michael Courtney/The CW
Lilith (Katherine Boecher)The first demon Lucifer created, and the queen of the Crossroads demons, Lilith ordered her army to destroy Sam, whom she saw as a rival because of his powers. Sam eventually killed her, believing it would stop the Apocalypse, but instead her death was the final step in Ruby's secret plan to free Lucifer from his cage in Hell.
Sergei Bachlakov /The CW
Bela Talbot (Lauren Cohan)Bela was a relic thief who sold her soul to a demon so it would kill her abusive parents. When her contract came due, she bargained with Lilith to get her deal canceled. In the end, hellhounds dragged her to the underworld, but a few years later, Cohan landed a sweet new gig. "We're like the boarding school for demon hunting, zombie killing and vampire slaying." Ackles jokes. "I assume that's why The Walking Dead hired her."
Katie Yu/The CW
Eileen Leahy (Shoshannah Stern)The brothers met Eileen at Oak Park Retirement Living, where she was tracking a banshee. The granddaughter of a Man of Letters, she became a hunter after the creature killed her parents and its shrieks made her deaf. "Shoshannah is so talented and has a wonderful sense of humor," Padalecki says of the deaf actress. "The director asked us to ad-lib, and Shoshannah said, 'Maybe we can go bowling. I'm good with my fingers.'"
©Warner Bros. Entertainment, Inc
Mildred Bake (Dee Wallace)Banshees hunt the vulnerable, and if the one haunting Oak Park thought Mildred would be easy prey, it was dead wrong. She was feisty enough to seriously hit on Dean! "Dee treated every scene like she was working for Spielberg on E.T.," Ackles says, referring to one of the veteran actress's many film credits. "That's a testament to who she is as an artist and as a person."
©Warner Bros. Entertainment, Inc
Meg Masters (Nicki Aycox and Rachel Miner)The endearingly sarcastic demon switched loyalties like other demons switch meat suits. (Though she, too, changed bodies, first portrayed by Aycox, then later by Miner, above.) Dean and Sam could never be sure whether she was an ally or an enemy. She had an unlikely romantic attraction to the angel Castiel (Misha Collins) and hated Crowley, who eventually killed her when she helped the boys and Cas.
Michael Courtney/The CW
Ellen and Jo Harvelle (Samantha Ferris and Alona Tal)The mother-and-daughter team of hunters died heroically saving the Winchesters from a pack of hellhounds, with Dean tenderly kissing the wounded young Jo goodbye. "Ellen and Jo represented a home base for hunters," says Ackles. "We really loved working with these ladies."
Katie Yu/The CW
Claire Novak (Kathryn Love Newton)After Castiel took Claire's father, Jimmy, as his human vessel, her mother left and the runaway teen became a thief. The budding hunter and bundle of teen angst now lives with Sheriff Mills and helped save her foster sister, Alex Jones, from vengeful vampires. "Claire adds a nice twist to Castiel as he tries to be a father figure," Ackles says. "Kathryn is a fan, cast and crew favorite."
Photo Credit: Katie Yu/The CW
Alex Jones (Katherine Ramdeen)"The Winchesters would usually kill someone like Alex, who lured victims to a nest of vampires," Padalecki says. "But she was being tricked." The fangsters had raised her and even though they were using her, she still thought of them as her family. Big mistake. Sam and Dean eventually killed the vamps and Alex went to live with Sheriff Mills.
Katie Yu/The CW
Rowena (Ruth Connell)"Ruth is proof that great things can come in wee packages," Mark Sheppard says of the Scottish actress who plays the powerful witch, who's also Crowley's mother. "It's the best love-hate relationship on the show. Deadly," he adds. The Winchesters put up with the wicked witch (and her ever-changing alliances) because of her exceptional skills at casting and breaking spells.
Supernatural, Season Premiere, Thursday, October 13, 9/8c, The CW.


text:
Chavan D.N.,Arts Commerce and Science College |
Patil G.E.,Materials Research Laboratory Arts |
Kajale D.D.,Materials Research Laboratory Arts |
Gaikwad V.B.,Materials Research Laboratory |
And 2 more authors.
Journal of Sensors | Year: 2011
Thick films of AR grade In2O3 were prepared by standard screen-printing technique. The gas sensing performances of thick films were tested for various gases. It showed maximum sensitivity to ethanol vapour at 350°C for 80ppm concentration. To improve the sensitivity and selectivity of the film towards a particular gas, In2O3 sensors were surface-modified by dipping them in a solution of 2 nanosilver for different intervals of time. Obtained results indicated that spherical nano-Ag grains are highly dispersed on the surface of In2O3sensor. The surface area of the nano-Ag/ In2O3 sensor is several times larger than that of pure In2O3 sensor. In comparison with pure In2O3 sensor, all of the nano-Ag-doped sensors showed better sensing performance in respect of response, selectivity, and optimum operating temperature. The surface-modified (30min) In2O 3 sensor showed larger sensitivity to H2S gas (10ppm) at 100°C. Nano silver on the surface of the film shifts the reactivity of film from ethanol vapour to H2S gas. A systematic study of gas sensing performance of the sensor indicates the key role played by the nano silver species on the surface. The sensitivity, selectivity, response, and recovery time of the sensor were measured and presented. Copyright © 2011 D. N. Chavan et al. Source
Jain G.H.,Materials Research Laboratory |
Nahire S.B.,Bw Commerce And Science College |
Kajale D.D.,Materials Research Laboratory |
Patil G.E.,Materials Research Laboratory |
And 3 more authors.
Lecture Notes in Electrical Engineering | Year: 2011
The thick films of pure BaTiO3 (BT) were prepared by screen-printing technique. The gas sensing performances of these films were tested to various gases by using static gas sensing system at various operating temperatures. The pure film showed maximum response to H2S gas at 350 o C but poor selectivity. Different wt% of Cr (0.56, 5.27 and 6.07) was added in BaTiO3, base material, followed by sintering at 550 °C for 30min. The thick films of such powder were prepared by screen-printing technique. The thick films of this Cr-doped BT were prepared and tested to various gases. The Cr2O3-doped BT film (5.27wt %) showed maximum response to ammonia gas at 350° C and suppresses the response to H2S gas. The response of 5.27wt% film was observed to be the most amongst the 0.56 and 6.07wt.The selectivity of the Cr2O 3-doped BT was found to be more against the other gases. The 90% response and recovery levels were attained within 3 and 20 s, respectively for Cr2O3-doped BT (5.27wt %) film. The very short response and recovery time are the important features of this Cr2O 3-doped BT film to NH3 gas. © 2011 Springer-Verlag Berlin Heidelberg. Source
Stability indicating ultra performance liquid chromatographic method for assay and content uniformity study of amisulpride in pharmaceutical dosage form [Farmasötik dozaj formlari{dotless}ndaki amisiilpiridin İçerik uygunluǧu analizi İçin stabilite göstergeli bir ultra performans si{dotless}vi{dotless} kromatografik yöntem]
Dabhi B.,Saurashtra University |
Chavda K.,Saurashtra University |
Jindani A.,Saurashtra University |
Dhinoja V.,Saurashtra University |
And 5 more authors.
Turkish Journal of Pharmaceutical Sciences | Year: 2013
A reliable and sensitive isocratic stability indicating RP-UPLC method has been developed and validated for quantitative analysis and content uniformity study of Amisulpride in tablets. An isocratic method for analysis of Amisulpride was achieved on C18 (100x2.1) mm particle size 1.7 μ columns at of 0.20 mL/min flow rate within shorter runtime of 3 min. Photodiode array detector was used to monitor the eluate at 280 nm. The mobile phase consisted of Buffer-ACN (50:50 v/v), (Buffer: 2 mL Ortho phosphoric acid in 1L water). The drug was subjected to oxidation, hydrolysis, photolysis and thermal degradation. Response was a linear function of drug concentration in the range of 20-80 μg/ml (r2= 0.999) with a limit of detection and quantification of 0. 1 and 0.3 μg/mL respectively. Accuracy (recovery) was between 99 to 101 %. Degradation products resulting from the stress studies did not interfere with the detection of Amisulpride the assay is stability-indicating. Source
Structural and thermokinetic study of resin-I derived from p-hydroxyacetophenone, quinhydrone and melamine
Kapse S.K.,Institute of Science |
Hiwase V.V.,Arts Commerce and Science College |
Kalambe A.B.,Institute of Science
Der Pharma Chemica | Year: 2012
The terpolymer resin p-hydroxyacetophenone- quinhydrone -melamine(abbreviated as PAQM-I) was synthesized by the condensation of p-hydroxyacetophenone (0.1M), quinhydrone (0.1M) and melamine (0.1M) in the presence of polyphosphoric acid (PPA). The structure of resin was determined by its elemental analysis, UV-VIS, IR and NMR data. The molecular weight of terpolymer was determined by non-aqueous conductometric titration technique. Thermo kinetic parameter was determined by Freeman- Carroll (FC) and Sharp-Wentworth (SW) method. The order of degradation reaction determined by FC method was confirmed by SW method. Source
Chavan D.N.,Arts Commerce and Science College |
Patil G.E.,Materials Research Laboratory |
Kajale D.D.,Materials Research Laboratory |
Gaikwad V.B.,Materials Research Laboratory |
Jain G.H.,Materials Research Laboratory
Sensors and Transducers | Year: 2011
A series of In1-xCrxO3 composites, with x ranging from 0.01 to 0.5wt% were prepared by mechanochemically starting from InCl3 and CrO3. Structural and micro structural characteristics of the sample were investigated by XRD, SEM with EDAX. Thick films of pure Indium Oxide and composites were prepared by standard screen printing technique. The gas sensitivity of these thick films was tested for various gases. The pure Indium Oxide thick film (x=0) shows maximum sensitivity to ethanol vapour (80 ppm) at 350 °C, but composite-A (x=0.01) thick film shows maximum sensitivity to H2S gas (40 ppm) at 250 °C, composite-B (x=0.1) thick film shows higher sensitivity to NH3 gas (80 ppm) at 250 °C and composite-C (x=0.5) thick film shows maximum sensitivity to Cl2 gas (80 ppm) at 350 °C. A systematic study of gas sensing performance of the sensors indicates the key role played by concentration variation of Cr doped species. The sensitivity, selectivity and recovery time of the sensor were measured and presented. © 2011 IFSA. Source


text:
Furniture / 2015, January 26 / 39 images
Cool Living Room Furniture Sectionals Sofa Designs of Furniture, with 39 images included, likes Comfortable sofas dallas sectional sectionals leather sectional couch living by the room furniture leather sofa sets for living room. Comfortable living room chairs awesome black leather sectional couches l shaped couch feat family room furniture sets red curtains ideas living room and portray as wall decor in small space ikea furnishing decors mind blowing roo contemporary sectional sofa leather sectional furniture. Living room sofa apartment living room living room furniture dallas ideas t inspiration modular living room furniture furniture modest decoration leather sofa sets for living room nice living room furniture.
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Definition of orthotist
Trends of 'orthotist'
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Definition of orthotist from the Collins English Dictionary
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Nearby words of 'orthotist'
- orthostichy
- orthotic
- orthotics
- orthotist
- orthotone
- orthotonesis
- orthotonic


text: hello. so I was browsing on youtube where I stumbled on to this video: http://www.youtube.com/watch?v=whVWcVeow38&feature=related I absolutely love the theme. I'm a linux fan so I had to have it. but the problem was that there was no link, info, or anything. there was a theme already named Ibuntu but it wasn't it. I was wondering if anyone had a clue what theme this was or if it really exists. thanks