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...Additionally, I have a background in education research and professional development, and have performed qualitative research and video editing for the Center for Elementary Math and Science Education at the University of Chicago and the Center for Science and Math Education at Loyola University....
Chicago, ILView Tutor
...I have been teaching professionally in the Chicago suburbs since 2009. Certifications: -Certified Teacher (Sub: K-12, Illinois) -Certified Paraprofessional (Illinois,K-12) -Certified Tutor (Math, American Tutoring Association) I am a U.S. Citizen and resident of Chicago with a degree in Mechani...
Mount Prospect, ILView Tutor
...I am a full time Engineer and enjoy tutoring Math. I tutor K-6 math, Pre-Algebra, Algebra 1, Algebra 2, Geometry, Trigonometry, and Pre-Calculus. My style uses solid Math teaching and Communication Skills coupled with patience, encouragement and positive reinforcements.
Morton Grove, ILView Tutor
...Born and raised in the Chicago area, I received a BA with Honors from DePaul University and an MA in Psychology from National-Louis University, majoring in Psychology. I have used my academic training in learning theory and interpersonal communication, combined with my extensive tutoring experie...
Evanston, ILView Tutor
...I also scored a 790 on the Math II SAT Subject Test and a 5 on the AP Calculus BC Exam. - Minored in biology - College science GPA: 3.98/4.00 - AP Biology Exam Score: 5/5 - SAT Biology Subject Test : 790 - Comfortable with biostatistics, biochemistry, cell/molecular biology, genetics, anatomy and...
Chicago, ILView Tutor


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Pioneer staff reports
Contact Email
- Member for
- 4 years 6 months
Author Content
Doosan Infracore Construction Equipment (DICE), a global alliance that includes Bobcat compact equipment, and Doosan heavy and portable power equipment brands, has awarded $1,000 scholarships to 20 children of full-time...
Mariah Huck has joined the staff at Simply Relax Therapeutic Massage, 715 13th Ave. E., Suite 101, West Fargo, as a massage therapist. Huck was born and raised in Williston,...
The West Fargo Fire Department has received a $15,723 grant from Monsanto Fund, a private foundation and the philanthropic arm of Monsanto Company, to fund wireless communications/school, which is designed...
The West Fargo All Star Dance Team has been selected to perform at the pre-game and halftime show at the Outback Bowl in Tampa, Fla., on New Year's Day. A fundraiser is scheduled for Thursday at Cherry Berry Yogurt Bar, located at 1100 19th Ave. North in Fargo. Cherry Berry will donate a portion of its sales to help with the fundraising efforts for the trip. A second fundraiser will be held on Monday, Sept. 9, at Pizza Ranch, 4480 23rd Ave. South in Fargo. Pizza Ranch will donate a portion of its sales from dine-in, delivery and carry-out sales.
Charles Conlon Cheney, "Charlie," was born to John and Katie Cheney of Scottsdale, Ariz., on June 24, 2013, weighing in at 7 pounds and measuring 20 ½ inches long. Charlie joins two sisters, Lily and Meara. Grandparents are Chuck and Margaret Cheney, and LeRoy and Mary Kay Hagen, all of West Fargo. His great-grandmother is Audrey Cheney, East Grand Forks, Minn.
More moderate to low-income families in North Dakota will qualify for help with child care costs through the N.D. Department of Human Services' Child Care Assistance Program. North Dakota increased qualifying income levels and reduced family co-payments for the program, which helps income-eligible families pay for child care while they work or attend school or training.
The Red River Valley Fair Association has hired Emily Grunewald as the Big Iron Farm Show Exhibit Coordinator. Grunewald has extensive experience in the trade show and fair industry. Her primary responsibilities will involve Big Iron Farm Show exhibit spaces, coordination of the show schedule, and livestock shows at the Red River Valley Fair. Grunewald's prior position was at the Santa Cruz County Fair in Watsonville, Calif., where she was the Exhibit Representative. She is a partner in the Walker Ranch Cattle Company in Salinas, Calif.
Yard of the month honors for August were presented to Lute and Paula Simley, 118 50th Ave. E., West Fargo. The Three Rivers Garden Club of West Fargo coordinates the program for the residents of the community, selecting picture perfect yards through the summer and fall months based on appearance, landscaping and design.
The Mapleton Fire Department will be holding their annual Street Dance fundraiser on Saturday, Aug. 24 at Hagge's Bar & Grill, Mapleton. The band 24 Seven will be providing the music. Doors will open at 8 p.m. and remain open until 1 a.m. There is a $5 cover charge.All proceeds will benefit the Mapleton Fire Department.
Bethany Retirement Living will host a motorcycle run by the North Dakota Patriot Guard at 6:30 pm on Friday, Aug. 23. The event will be held at Bethany on University, 201 Univ. Dr. S., Fargo. Patriot Guard members will ride to Bethany to acknowledge veterans and spouses of veterans who reside at Bethany on University. American flags will be distributed to veterans and spouses. Residents will visit with Patriot Guard members and view their motorcycles. Dozens of riders are expected.

subset: commoncrawl


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- Worldwide Rank #32,212,077
- Follower/Following Ratio 0.91
- Daily New Followers -1
ログアウト Twitter Stats
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ログアウト Twitter Followers
@0125__sho_s has 193 followers on Twitter.
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Last month this account followed 198 users.
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text: Ive recently got a new computer and a new ipod touch 3rd generation. I need to know how to put all my applications and games from my ipod touch from my old computer onto my new computer using a 2gb memory stick USB. I haven't got a clue how to put them on my memory stick to put them onto my new computer and ive only got a 2gb memory stick. Can someone please help ! Also how do i put all my apps and games from my 2nd gen to my 3rd gen , please help , thanks alot , really appreciate it.


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8 Different Crochet Stitches: Learn To Crochet Something New With Free Crochet Patterns
Bonus: Get our newsletter & special offers for free. We will not share or sell your email address. View our Privacy Policy
Latest Comments
"I had very high hopes for this pattern, but i am finding it to be a bit confusing. The pictures add more confusion instead of helping. I love the way it looks and will have to give it a shot and modify as I go. Anyone have any tips as to what worked for them?"
"I am making this shawl now. I love the pattern but I seem to be using double the amount of yarn called for. Your picture looks flat, yet the other one pictured looks more like mine, Kind of ruffelly, I am into 25 row and am on the third skein of yarn. HELP, I am making this for Christmas and it does not look like your picture at all. Why am I using so much yarn?"
"Beautiful BUT crazy pattern to follow. Ive been crocket since I was 17 and thats a long time ago. Never used A divagram. always written. The written were very hard to follow with repeats. Finally had to just work my way through by looking at the picture. Never again"
"I clicked on the link for the free pattern for the Glover Stitch Afghan, but the website is no longer online."
"I'm giving this a rating of 4 stars because I have not yet perfected the magic ring. You will need to know how to do the magic ring to complete this pattern, as they are the best way to start hats because it fully closes up your starting chain ring, nice and tight."
Loop Door Curtain Free Crochet Pattern
By: Donna's Crochet Designs
We are adding the pattern to your Crochet Patterns.
The pattern was added to your Crochet Patterns.
Click here to view your Crochet Patterns.
Jazz up your windows with this crochet pattern for curtains. The loop door curtain is both stylish and functional, letting in just enough light and adding a splash of color to your home.
Crochet Hook: H/8 or 5 mm hook
Yarn Weight: (4) Medium Weight/Worsted Weight and Aran (16-20 stitches to 4 inches)
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Jul 15, 2012
Aran is a weight...do a browser search for aran yarn and you will get several answers. Apparently it's thicker than worsted weight but thinner than bulky. Hope this helps.
May 04, 2012
I am waiting for the answer.
maheyword 0140696
Feb 16, 2012
when you say medium weight/worsted weight and Aran --- I do not know what the Aran means? I see it often in patterns, but I do not see it on packages of yarn. Thanks.
Mar 16, 2011
I really think that is a pritty cool Idea, and I have seen a version of that same type of Cirtain before with a Chain swag in pale browns, golds, whites, and silvers. Though it was for a triangle window, and looked like the inside of Butterfly wings folded up. You could see through it, and was very simple. It was done by the Scrupple Queen Silver Kosh, and James Watson. Anyways Thank You for some great Ideas. Susan from Spokane, Wa
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|Company News
The 2022 World Cup in Qatar will only be successful with the help of international partners, the UK ambassador to Qatar, Nicholas Hopton, said during a speech in Doha on Tuesday.
Hopton said the UK was willing to support Qatar, suggesting that together issues including the timing of the tournament and searing heat could be overcome.
"Let me make my bold statement on these points: given all the controversies about timing, money involved and other elements around holding the World Cup, essentially in one city rather than two in this part of the world, and in heat which will range between 40-50 degrees - we can overcome all these challenges," Hopton said, according to reports in local newspapers.
"I am confident that the amount of experience, expertise and international intelligence being put towards making this a success will overcome those challenges."
The Qatar World Cup has been plagued by persistent controversy over the timing of the event and labour rights of workers helping to build the required infrastructure.
The tournament is likely to be moved to winter for the first time amid concerns about the health of players and spectators if it was held in summer, when temperatures typically soar past 40 degrees Celsius.
But some have called for it to be moved to a cooler climate.
Hopton, who was delivering the welcome speech at a construction and engineering conference, said the UK supported keeping the World Cup 2022 in the Gulf state.
"We are supporting the Qatari friends in delivering not just the World Cup, but also the wider development agenda set out in the previous Emir's 2030 vision for his country," he said.
"Qatar National Vision 2030 is one of the extraordinary ambitious documents published by any other country.
"Like the World Cup, it is also possible to realise only with the support and engagement of international partners."
He said the UK, which hosted the 2012 Olympics, had offered its expertise to Qatar's World Cup organisers.
"With our experience of hosting the 2012 Olympics, which is acknowledged by many as one of the most successful, if not the most successful Olympics of modern history, the UK is very well placed to support Qatar to realise its vision," he said.
"Qatar likes working with the UK and the UK is very comfortable working with Qatar. So the British embassy in Qatar is ready to extend support, work and advice to companies in the best possible ways."
Disclaimer:The view expressed here by our readers are not necessarily shared by Arabian Business, its employees, sponsors or its advertisers.
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The stock of Unilever plc (ADR) (NYSE:UL) hit a new 52-week low and has $36.71 target or 7.00% below today's $39.47 share price. The 6 months bearish chart indicates high risk for the $116.70 billion company. The 1-year low was reported on Nov, 10 by Barchart.com. If the $36.71 price target is reached, the company will be worth $8.17 billion less.
The 52-week low event is an important milestone for every stock because it shows very negative momentum and is time when sellers come in. During such technical setups, fundamental investors usually stay away and are careful buying the stock. About 711,361 shares traded hands. Unilever plc (ADR) (NYSE:UL) has declined 9.41% since April 8, 2016 and is downtrending. It has underperformed by 15.06% the S&P500.
Unilever plc (ADR) (NYSE:UL) Ratings Coverage
Out of 5 analysts covering Unilever (NYSE:UL), 3 rate it a "Buy", 0 "Sell", while 2 "Hold". This means 60% are positive. Unilever has been the topic of 5 analyst reports since July 24, 2015 according to StockzIntelligence Inc. The rating was upgraded by Canaccord Genuity to "Buy" on Friday, July 24. The firm has "Overweight" rating given on Tuesday, January 12 by JP Morgan. Bernstein initiated the shares of UL in a report on Monday, August 22 with "Outperform" rating. The stock of Unilever plc (ADR) (NYSE:UL) earned "Sector Perform" rating by RBC Capital Markets on Friday, July 22. The rating was downgraded by Goldman Sachs to "Neutral" on Wednesday, August 12.
According to Zacks Investment Research, "Unilever plc is engaged in manufacturing of branded and packaged consumer goods, including food, detergents and personal care products. The Company also has interests in specialty chemicals. Unilever sells its products internationally."
More important recent Unilever plc (ADR) (NYSE:UL) news were published by: Marketwatch.com which released: "Virtual Stock Exchange" on October 07, 2009, also Investorplace.com published article titled: "Unilever plc (ADR) Continues to Reward Long-Term Shareholders (UL)", Businessfinancenews.com published: "Unilever plc (ADR) (UL) Partners With JD.com, Inc (JD) To Boost Sales" on June 21, 2015. More interesting news about Unilever plc (ADR) (NYSE:UL) was released by: Businessfinancenews.com and their article: "Unilever plc (ADR) (UL) Stock Surges Over Better-Than-Expected 1QFY15 Revenues" with publication date: April 16, 2015.
UL Company Profile
Unilever PLC, incorporated on June 21, 1894, is a supplier of food, home and personal care products. The Company's portfolio ranges from nutritionally balanced foods to indulgent ice creams, soaps, shampoos and household care products. The Firm operates through four divisions: Personal Care, Foods, Home Care and Refreshment. It also offers Pureit, which is an in-home water purifier. The Firm has approximately 400 brands found in homes around the world, including Persil, Dove, Knorr, Domestos, Hellmann's, Lipton, Wall's, PG Tips, Ben & Jerry's, Marmite, Magnum and Lynx. The Firm operates in over 190 countries.
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text: I am now officially done writing up guides for anything related to jailbreaking. I have written a few guides for various topics ,which took a lot of time and effort,in the past month and i only get 2 or 3 thanks in the replies. I am done wasting my time. Thanks


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2 Care Companion Jobs Found
Seeking Substitute Caregivers for Private...
Posted by Tricia P. on 12/8/2016
- Start date:
- 10 miles away (Jacksonville, FL)
- $14/hr
TLC for Kids has 30 yrs of experience helping families find professional, in-home caregivers for their loved ones. We are immediately hiring experienced caregivers that will provide on-call babysitting and companion care in our clients' homes. You must be available 2-4 full-days per week (M-F)... More
Hands-on care for senior
Posted by Alecia B. on 12/3/2016
- Start date:
- Flexible
- 11 miles away (Green Cove Springs, FL)
- $10/hr
In search of a part time care giver for my mother who is 88 years old. She will need help with getting dressed, meals (breakfast and lunch), as well as her medication. She is very easy and will mainly just watch tv or sleep however she is very unstable walking and has some dementia.


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In this active discovery series, Oliver takes viewers to his favourite places around the house and his favourite outdoor spots for an adventure of hands-on exploration. Like many curious toddlers Oliver climbs, jumps, touches and tastes everything he can get his hands on, while observing that in each location, similar shapes, sizes, and colours can be found.
Сегодня, 15:20Oliver
Сегодня, 17:14Oliver
Завтра, 05:41Oliver
Завтра, 09:20Oliver
Завтра, 12:21Oliver
Завтра, 15:20Oliver
Завтра, 17:13Oliver
12 пн, 05:42Oliver
12 пн, 09:20Oliver
12 пн, 12:22Oliver


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Sand Dunes
Cozumel Fishing
Travel Groups
Excursions - Vigorous
Scuba/Snorkeling Alternatives
Excursions - Easy Relaxed
D.I.Y. Snorkel Tour
Island & Reef Maps
Cozumel Excursions - Moderate Active
If you are a MODERATELY ACTIVE traveler looking for fun things to do on Cozumel, then this page is for YOU! Here you will find a wide variety of activities, tours and excursions that involve some physical exertion but generally not at excessive levels.
These MODERATELY ACTIVE excursions typically last 3-4 hours in total and have at least 45 minutes of moderate physical exertion either on land, in the water or a combination of both in addition to photo taking and learning opportunities.
So get busy and check out these more active, fun things to do in Cozumel and try something new for yourself!! What better way to make great vacation memories than by trying something new together!
Excursions - Moderate Active
Submit Feedback
Cozumel Dolphin Royal Swim
If "Action" and "Speed" are what you seek in excursions then the Royal Swim is for you! Action and Speed pretty much describe this popular dolphin program! Get a handshake, a kiss and then you give them one. Feel the strength of your new friends as they push you across the water from the bottom of your feet in the thrilling foot-push. It is "the experience of a lifetime!"
US $169 Adults / US $89 Kids
Clear Lounge Cozumel Underwater Oxygen Bar
Clear Lounge® Cozumel Underwater Oxygen Bar
is the
world's first underwater oxygen bar
(patent pending)! Come join us and be some of the first people to enjoy this unique, fun and highly entertaining activity! The best part - "NO DIVING EXPERIENCE IS NECESSARY"! Come join us on your next visit to Cozumel!
From US $38 to US $65 Per Person
Cozumel Albatros El Cielo Reef Snorkel Trip Charters
Snorkeling from the shore is great but for something different, take a relaxing cruise aboard Albatros Charters across the crystal clear waters of Cozumel to beautiful snorkel areas and the shallow beach area called El Cielo.
US $55 Per Person
Cozumel ATV Jungle Adventure Tour
Cozumel Jungle ATV Adventure will take you through specially carved out trails through Cozumel's Mayan jungles is just for you, your ATV and nobody else. Let us take you on an adrenaline pumping ATV tour to explore the exotic Mayan jungles of Cozumel Island accompanied by a fully trained and experienced guide.
From US $59 (1 Rider) to US $79 (2 Riders)
Cozumel ATV Snorkel by Boat Adventure Tour
Cozumel ATV Snorkel by Boat Adventure combines two (2) of the most popular activities here in Cozumel! You will experience first the off-roading ATV fun on the specially carved out trails through Cozumel's Mayan jungle and then will leave for a breathtaking snorkel adventure in our world-renowned coral reefs
From US $90 (1 Rider) to US $130 (2 Riders)
Cozumel Beach Bum Bikes - East Coast Bike ONLY Road Tour
Come join us for a unique bike tour experience in Cozumel. Our Beach Bum Bikes' tours will take you from the hustle and bustle of downtown to beaches and places of beauty on the island. On these Cozumel bike tours, you can ride a Pedego electric bicycle along a designated tour route that will showcase the best sights along the coast Cozumel has to offer!
US $59 Per Person
Cozumel Beach Bum Bikes - Punta Sur Eco Beach Park Tour
Come join us for a unique bike tour experience in Cozumel. Our Beach Bum Bikes' tours will take you from the hustle and bustle of downtown to beaches and places of beauty on the island. On these Cozumel bike tours, you can ride a Pedego electric bicycle along a designated tour route that will showcase the best sights along the coast Cozumel has to offer!
US $89 Per Person
Cozumel Beach Bum Bikes - Rentals
Come check out the available Beach Bum Bikes' Pedego electric bikes available for rent. The best way to tour the island and see our pristine, turquoise, Caribbean ocean with white sand beaches and stunning rock formations or just to get around town during your stay.
From US $20 to US $30 Rentals
Cozumel Beach Bum Bikes - West Coast Bike AND Snorkel Tour
Come join us for a unique bike tour experience in Cozumel. Our Beach Bum Bikes' tours will take you from the hustle and bustle of downtown to beaches and places of beauty on the island. On these Cozumel bike tours, you can ride a Pedego electric bicycle along a designated tour route that will showcase the best sights along the coast Cozumel has to offer!
US $39 Per Person
Cozumel Deep Sea Fishing Adventure Tour
Cozumel Deep Sea Fishing Adventure provides 1/2 day and Full day fishing excursions for the sport fishing enthusiast! Your captain and first mate will take you to the best fishing spots surrounding the island and with five (5) rods and reels going at the same time, you will be sure to catch "THE BIG ONE"!
From US $70 to US $90 Per Person
Cozumel Dolphin Swim Adventure
A unique opportunity to swim with dolphins and get to know them better! Experience the joy of a dolphin kiss, hugs and handshake and then marvel at the dolphins strength as you are towed through the water with a "belly ride." You will fall in love with their gentleness during this activity created especially for you to bond with dolphins!
US $139 Adults / US $89 Kids
Cozumel Glass Bottom Boat Snorkel Adventure Tour
Cozumel Glass Bottom Boat Snorkel Adventure provides participants a visually stunning view of the world famous Cozumel coral reefs as you are boated to two (2) popular reefs, El Pariaso Reef and Chankanaab Reef. Experience the vibrant colors of our pristine Caribbean waters, the coral and the wide variety of marine life!
US $40 Per Person
Cozumel ~ Dive Paradise ~ Dive Instruction
Experience the thrill of learning to scuba dive in one of the top dive destinations in the world with Cozumel's leading dive shop ~ Dive Paradise!
Starting at Only US $ 56 Per Person
Cozumel Country Club Golf
Since its opening in 2001, the Cozumel Country Club, Nicklaus Design Group 18-hole golf course has been steadily attracting more travelers to Cozumel.
T Time Rates From US $89 for 18 Holes
Cozumel's Complete, Private Island Jeep & Snorkel Tour
You'll see more in one day than others see in a lifetime!
Starting at US $75 Adults / US $70 Kids
Mayan Steam Lodge - Temazcal Cozumel
Experience one (1) of the most significant rituals of the ancient Mayans that has been preserved through the centuries! The Temazcal comes to our time as a relaxation therapy and deeply spiritual experience for the health of the body, mind and spirit.
US $80 Per Person
Cozumel Sea Turtle Observation & Baby Liberation with FP&M
Sign up for an observation and education session about Cozumel's nesting sea turtles and the volunteer brigades that help in their conservation. Learn about these amazing creatures in the Fundacion de Paques & Museos program and help release hatching baby turtles as they make their way to the sea.
From US $43 to US $73 Per Person DONATION
Cozumel to Cancun Whale Shark Snorkel Day Trip
This is a shorter day trip whale shark snorkel experience with boat departing from Cancun! Personal service from a professional guide who escorts guests the entire way from Isla Cozumel to Cancun!
US $189 Per Person
Cozumel to Holbox Whale Shark Snorkel Day Trip
Spectacular day trip whale shark snorkel experience with boat departing from Isla Holbox! Personal service from a professional guide who escorts guests the entire way from Isla Cozumel to Isla Holbox!
US $210 Per Person
Cozumel ATV Jungle Adventure Tour
Cozumel Country Club Golf
Clear Lounge Cozumel Underwater Oxygen Bar
Clear Lounge Cozumel Underwater Oxygen Bar
Cozumel Country Club Golf
Personal Experiences
Submit Feedback
Sherrie is a true star when it comes to being hostess. Always friendly, helpful and there to answers our questions she knows where to enjoy local cuisine, you'll get the best value for money and great food.
H. Hawkins ~ Wilmington, DE
Sherri - I just wanted to pass along a huge THANK YOU for the dolphin excursion I booked through you in Cozumel for last Wednesday. The experience was something I will remember for a lifetime. Besides my friend and myself, there were only two other participants in our group so the dolphin trainer gave us extra time in the water. GREAT PICTURES were taken of the whole experience!!!!!!! Actually, a few people I spoke to when I got back on the cruise ship booked their excursion through Carnival directly and paid more $$$$ for less time in the water with the dolphins ( no swim, push off, etc). Again, thank you for everything.......
D Garrett ~ not given
We cannot begin to express our thanks to Sherri and the staff at IslaMar Villas for our wonderful 11-night stay. This was our third time staying at IslaMar Villas and for us it's the only place to stay in Cozumel. It has truly become our home away from home. We love the apartments, the courtyard and pool, and the warm and friendly neighborhood.
We also used "COZUMELINSIDER" to book our car rental with Avis. It went very smoothly and you guys also helped us trade in our little Chevy Pop for something a little bigger.
A big THANK YOU to Sherri for introducing us to a wonderful private driver on the mainland and for arranging our excursion to Playa del Carmen, Tulum, and Akumal. We were so happy that we decided to finally venture off the island and go to the mainland to see the ruins. The driver Sherri arranged for us was extremely friendly and went above and beyond to make sure we saw things we wouldn't have even known about had we taken the car ferry and driven on our own. To anyone looking for a private tour of places on the mainland, we highly recommend asking Sherri to arrange it for you. It was well worth it!
Thank you again, Sherri! Your kindness and warm hospitality makes us choose IslaMar Villas and your services over and over again.
R & M Browning ~ Superior, CO
I have not even been to Cozumel yet - we will be traveling to Cozumel next year and I love it already. I am addicted to your site and love the live web cam. Your site is the first thing I pull up in the morning. Cant wait to get to Cozumel! Thank you!
Laura Randall ~ Marshalltown, IA - USA
What a great Experience!!! We booked our excursions through this website with a slight bit of apprehension. We figured it would be safer to book through our cruise ship since this was our first time going to Cozumel. Boy am I so thankful we didn't. Our cruise ship (which we thoroughly enjoyed) had many excursions organized with tons of people in each excursion. By booking through INSIDER we were definitely given smaller groups to be with. We did the Atlantis Submarine excursion and we saved almost 100 dollars right there!!! We also booked a Resort Scuba with Eagle Ray Divers. We had 1-on-1 attention with Antonio (the owner), our own boat to go out on, and got personalized attention with the lesson/dive. I know if we had booked on the cruise ship there probably would've been many other people ...
Also, we originally booked a car rental for that Saturday morning. Jacqueline @ Cozumel Insider, called us at home prior to our cruise to inform us of some minor scheduling changes. She then suggested that the rental car may not be neccessary due to our number of excursions and our limited time. Due to her advice we cancelled our car rental which was the wise thing to do. This shows that this company has a lot of integrity and is not out there just to make a buck on the unsuspecting tourist. Next year we will definitely book through Cozumel Insider, we will recommend this company to all our friends, and we plan on booking with Antonio for more scuba next time!!!!
M Carson ~ Tullahoma, Tennesseee
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Verity Nancollis, Jayalath P.D. Ruckshanthi, Lily Novak Frazer and Raymond T. O'Keefe The U5 snRNA internal loop 1 is a platform for Brr2, Snu114 and Prp8 protein binding during U5 snRNP assembly Journal of Cellular Biochemistry 114
Version of Record online: 15 OCT 2013 | DOI: 10.1002/jcb.24625
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very light fresh scent, you can smell the notes of lily of the valley which I love. Not too light that it gets lost though. I bought this to wear on my summer wedding day and couldn't be happier with it.
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Sixteen people were arrested by Sheriff's deputies in a Lathrop prostitution ring sting and for outstanding warrants for their arrests Saturday night in the 16000 block of Harlan Road, according to Deputy Les Garcia.
STOCKTON – Could the testimony of a grand juror be what embattled Manteca Unified trustee and Stockton politician Sam Fant needs to get a fair trial?
They didn't find the proverbial kitchen sink but a small band of volunteers hauled a discarded dishwasher from the Stanislaus River while cleaning up a three-mile segment that passes through Ripon.
Tomorrow is Wednesday which means if you have a daughter or son that goes to high school at a Manteca Unified campus they can sleep in a bit later.
Debbie Garcia doesn't even pay attention to the price of gas anymore.
As more people turn to their phones to quickly access what they need to know, Manteca Unified School District has embraced this trend by partnering with Blackboard for their newly introduced MantecaUSD mobile application.
100 years ago
MODESTO – East Union and host Johansen traded two scores in the first two minutes Friday night but after that it was all Lancers.
Using water wisely is paying off for Manteca residents.
You can score this Monday through Thursday from 3 to 6 p.m. with a free express exterior car wash as Scott Brooks celebrates the 15th anniversary of the opening Dribbles Car Wash at 780 N. Main. St.
One of Manteca's biggest eyesores could soon become the city's largest climate controlled mini-storage.
As a fourth-generation Lathrop resident there isn't anything that Mark Elliott doesn't love about his community.
Nestled behind a palatial family home off of rural Ripon's River Road surrounded by redwood trees and acres of peach trees is a spacious green venue.
If you're a student that has ever wanted to have a discussion with a real scientist about pursuing science, technology, engineering or math as a career, now is your chance.
Two more Manteca City Council candidates in the Nov. 8 election are planning meet and greet events.
Page 9 of 930
KNIGHTS FERRRY - The view from the Knights Ferry Bridge this time of year is sure to include Chinook salmon during the peak of their migration.
The six mile stretch of the 120 Bypass is arguably the most crash-prone freeway in the Northern San Joaquin Valley.
Mike Kelly's face is the first thing that many of the homeless of Manteca see every morning.
It's tough being a peace officer.
Don Moyer knows about snakes in the grass - especially those with rattlers.
Ripon U.S. Marine veteran Rick Van Unen has always given back to his country.
Teresa Novoa walked into the Weston Ranch High gymnasium on Wednesday morning thinking that she and the rest of the JROTC cadets of the Cougar ...
Despite triple-digit temperatures in September, the City of Lathrop still managed to curtail its water use to predrought levels as the State of California has ...
The pending solid waste rate hikes the Manteca City Council will consider adopting Dec. 6 has prompted a lot of questions from ratepayers.
The newly formed Ripon Downtown Committee has set its focus on improving the historic area of stores and shops to bring in added business to ...
STOCKTON – Sam Fant – who after next month will no longer be a member of the Manteca Unified School Board – will stand trial for felony election ...
Get ready for more jumbo jets in the skies northeast of Manteca and swooping in over Highway 99 to land at Stockton Metro Airport.
The Library Park water play feature that has remained dry for 3.5 years except for when Mother Nature opens up the skies is symbolic ...
There's hardly anything spooky at the Halloween-decorated Manteca house at 911 E. North St. for a good reason.
Three individuals were shot in front of a residence in south central Manteca at 10:35 p.m. Halloween night as a party was breaking ...
Page 10 of 16
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Municipals sold off again in sympathy with Treasuries as markets embrace the risk-on trade amidst a perceived pro-growth Trump administration, continuing a rotation to equities from bonds. Last week the Muni market experienced $2.23 bil. of net outflows following the prior week's outflow of $3 bil., causing Munis to underperform Treasuries 5yrs and out. MMD scale adjustments were 12bps in the 5yr spot, 11 bps in the 10yr spot, and 7 bps in the 30yr spot. Muni/Treasury ratios at COB Friday ended at...
Returns: We think Munis will finish 2016 with virtually zero total return. The large Dec
roll will help the demand side of the equation over the next few weeks, although the
momentum is pointing towards another few weeks of pain. We think it's hard to say with a
high degree of confidence whether or not the Muni sell-off has gone too far. However, we
can say the market expects...
Supply: We had predicted, pre-Trump, a record $453 bil. in total gross supply in 2016. However, the bond market sell off and postponing of several deals will likely derail that forecast. Gross supply through...
Returns: We expect average total returns of high grade Munis to be between 1.3% and -0.85%,
excluding spread. Underlying this projection is for the MMD curve to bear steepen by about
25-50 bps in 2017. Structures we like for 2017: Bonds with...
Supply: We project gross supply of $368 bil. in 2017, comprised of new money bonds of $204 bil., current refundings of $106 bil., and advance refundings of $58 bil. We project net supply at...
Dear Clients,
Please find attached Ramirez & Co.'s Quarterly Macroeconomic Outlook in our report, we continue to monitor the US economy, global events and the Fed's outlook on the economy and rates.
In June, Brexit rolls markets in the short term, but its effects dissipate in the long term. Financial stress indicators retreat from their heights in 1Q 16.
The Fed continues to lower its longer term forecasts for the fed funds rate at the June meeting but it still far above market expectations. The likelihood of rate increases in 2016 narrows.
The expansion of negative rates internationally and unprecedented buying programs by the ECB drive rates in the US lower.
US goods inflation falls below zero, with services inflation approaching 3%.
Members of our Financial Strategies Group, Niso Abuaf, Konstantin Semyonov and Duncan Sinclair, would be happy to discuss further any of the material with you.Full Q2 2016 Report


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Today, I really had to pee so I took the only stall that was available in the bathroom: the handicapped stall. A girl in a wheelchair came in seconds later and cursed at me for taking her designated spot. FML
by Kasnt / 10/03/2010 at 2:50pm / United States (Texas) / Miscellaneous
Today, I spent an hour and a half washing my car. As I was driving down the highway, a large bird flew over my car and accidentally dropped the dead animal he was about to have for dinner. It landed on my windshield. FML
by andrea99 / 10/03/2010 at 5:35am / United States / Animals
Today, at work, I was called into the office by my supervisor, on whom I have a massive crush. He called me in to get my password to make some adjustments on my work account and asked me what my password was. I had to hold eye contact with him and tell him my password is his full name. FML
by Anonymous / 10/03/2010 at 1:08am / United States (California) / Work
Today, my husband and I moved to get closer to his job. Today he got transferred 150 miles away from where we moved to. FML
by liz / 10/03/2010 at 12:00am / United States (West Virginia) / Love
Today, while I was going down on my girlfriend, she fell asleep. She said she was too tired to fake it. FML
by Anonymous / 10/02/2010 at 9:34pm / United States (Florida) / Intimacy
Today, I picked up my four year old son from daycare. As I was putting him in his car seat, I asked him if he had fun. He yelled, "Shut it, bitch!" FML
by blah blah daddy / 10/02/2010 at 7:08pm / United States (California) / Kids
Today, I went to pick up my car from where I parked it last night. I walked over to my parking spot only to find a vegetable stand there in its place. Apparently, that's the location of the Saturday Market and they had my car towed. FML
by hunnybaby0319 / 10/02/2010 at 6:07pm / United States (New York) / Money
Today, I was visiting my boyfriend, who lives 2 hours away. After about twenty minutes of glorious sex, he told me in no uncertain terms that he was about to come. He then "baaa"d like a sheep as he came. I couldn't come after that. FML
by seriously / 10/02/2010 at 4:31pm / United States (Texas) / Intimacy
Today, I went to Seattle with my mom to visit my pregnant sister, only to end up being dragged to a store to buy maternity clothes. The saleswoman apologized to me repeatedly for not having a lounge for the fathers, but congratulated me on the baby. I'm a girl. FML
by harvdog / 10/02/2010 at 3:43pm / United States (Washington) / Miscellaneous
Today, my boyfriend called me over for dinner. When I walked in the door, he asked why I was here; apparently he dialed the wrong girlfriend. FML
by Anonymous / 10/02/2010 at 9:04am / United States (Pennsylvania) / Love
Today, I got a perfect score on my French quiz, and I was told to have my mom sign it. What I didn't realize was that all the way at the bottom she wrote "Good Nathaly!" and "I love you!" surrounded by little hearts. The teacher hung it up anyway. FML
by lmaoLOSER / 10/02/2010 at 7:48am / United States (New York) / Miscellaneous
Today, my four-year-old asked me when I was going to die. I replied "Not for a long time, why?" He looked at me and stated "Because I only want to live with Daddy." FML
by notsoonenufdeparted / 10/02/2010 at 1:07am / United States (California) / Kids
Today, I got a little too drunk and confessed to my fiancé, the love of my life, that I've been faking my orgasms all along. I hate that I can't lie when I'm drunk. FML
by Anonymous / 10/02/2010 at 12:28am / United States (Texas) / Intimacy


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text: Home Gallery Video Doritos Too Delicious Doritos: Too Delicious This spot is another of the five Crash the Super Bowl CGM contenders. Weigh in on the campaign and on your favorite campaign at Published on Jan 31, 2009 Editor's Pick This spot is another of the five Crash the Super Bowl CGM contenders. Weigh in on the campaign and on your favorite campaign at Rate the Ad. Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateJan 31, 2009Agency:Goodby Silverstein & PartnersClient:Doritos TagsNorth America food Super Bowl XLIII Super Bowl CategorySuper Bowl Latest Creativity News on Ad Age Six Things You Didn't Know About Preacher's Rob Baird Deadline Extended for Ad Age A-List Submissions U.K. Bans Charming Heinz Baked Beans Ad for Inciting Dangerous Behavior Advertisement Ad Age Reports Partner White Paper 5 Filmmakers Share Their Advice on Creating Must-Watch Branded Video Discover how five filmmakers negotiate the expanding field of branded video and learn how they produce compelling content. Brought to you by Shutterstock Premier. Learn more Related work Doritos: No Choice Goodby Silverstein & Partners Doritos: No Taste, No Crunch, No Choice Bag Doritos: Doritos Ketchup Roses BBDO Toronto Want to see your work in our gallery? Submit now


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Journal Junction for August 9
Editor's note: Journal Junction offers the public a forum to applaud successes, discuss issues, point out problems and review the events of the day in a constructive manner. Journal Junction comments should be limited to two to four sentences and be no longer than 80 words. Longer comments should be submitted as "Letters to the Editor,"?which is a separate forum. The Journal's classified ads section offers help to those with lost or found items. This is a sampling of comments received today. Any others, subject to editing, are published in the online Journal Junction at www.journal-news.net under opinions.
From Martinsburg:
The book about the Lewis and Clark Expedition you're looking for is "Undaunted Courage" by Stephen E. Ambrose. It's excellent.
From Martinsburg:
Please come out and support one of the EPYFL freshman Titans who was recently diagnosed with a serious illness. We will be at the Spring Mills Walmart on Sunday from 10 a.m. to 2 p.m., and will be having a helmet drive to help with medical expenses. Go Team Braylon!
From Gerrardstown:
I was calling in reference to the Berkeley County caller, who said, "We are not judging your soul, we are judging your behavior as immoral." God said it is His job to judge, not theirs. So why don't you practice what you preach?
From Hedgesville:
Thank you, Berkeley County Youth Fair, for having the Davison Brothers Band. What an amazing band, and an awesome performance. Bring them back next year.
From Ranson:
I see on the news where prostitution is big in Martinsburg. Well, maybe they should check the corner of West 4th Avenue and South George Street in Ranson. It's pretty bad in that area as well.


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NNPC owes
NNPC owes federation account N5trn – FAAC
The Federation Accounts Allocation Committee (FAAC) has disclosed that the Nigerian National Petroleum Corporation (NNPC) is indebted to it to the tune of N5 trillion over the last five years.
The debt, according to FAAC, was incurred between January 2011 and April 2016 and represents the outstanding gross revenue from the sales of domestic crude, which were not remitted to the federation account, but withheld by the national oil corporation.
The latest figure on NNPC's indebtedness to FAAC is contained in the […]


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United States District Court, S.D. California
December 15, 2005.
STEVEN PAUL MORALES, Plaintiff,
THE HOME DEPOT U.S.A., INC., a Delaware corporation; MAINTENANCE WAREHOUSE/AME, dba MAINTENANCE WAREHOUSE, a Home Depot company and Texas corporation; and DOES 1-100, inclusive, Defendants.
In May 2005, Plaintiff filed his First Amended Complaint
("FAC") in Superior Court. The complaint alleged the following
five causes of action: (1) misappropriation in violation of Cal.
Civ. Code § 3344(a) and the Lanham Act, 15 U.S.C. 1125(a)(1)(A);
(2) breach of implied-in-fact contract; (3) breach of duty of
good faith and fair dealing; (4) wrongful termination in
violation of public policy; and (5) violation of Cal. Lab. Code §
2802(a) duty to defend and indemnify. Ex. YYY to NOR. On June
14, 2005, Defendants, based on the newly pleaded misappropriation
claim under the Lanham Act, removed the case to this Court. On
June 21, 2005, Plaintiffs filed a motion to remand. The Court
denied Plaintiff's motion to remand, finding that the FAC, on its
face, clearly pleaded a federal cause of action. See Order
Denying Pl.'s Mot. to Remand, entered Aug. 12, 2005, at 3. The
Court held that removal was therefore proper under
28 U.S.C. § 1441(b). Id.
On September 29, 2005, Defendants filed a motion for summary
judgment, or in the alternative, a motion for partial summary
judgment. For the reasons discussed below, Defendants' motion is
GRANTED IN PART and DENIED IN PART.
The following facts, pursuant to the summary judgment standard,
are presented in the light most favorable to the Plaintiff, the
non-moving party. Morales first began working for Defendant Home
Depot in 1993. Pl.'s Opp'n at 1. Beginning as a retail sales
associate, Morales eventually rose to the position of director.
Id. He received no negative reviews or warnings. Id. In early
2001, Morales obtained a contractor's license for the state of
Wyoming, becoming involved with construction projects there on
behalf of Home Depot. Id. See Ross Decl., Ex. 2. Morales's
name was listed as the Qualifying Supervisor for the Wyoming
license. Pl.'s Opp'n at 1. In February 2002, Plaintiff
transferred and relocated to accept a position with Maintenance Warehouse ("MWH"), a company
wholly owned by Home Depot. Id. After Morales's transfer, the
company informed him that it would not continue to use his name
and license to continue work in Wyoming. Morales Decl. at 2, ¶ 4.
At MWH, Morales worked with another employee named Paul
Raymond. Raymond was terminated in October 2002. Pl's Opp'n at 2.
In January 2003, a few months after he was terminated, Raymond,
an African-American, sent a letter to MWH CEO Lew Klessel,
alleging discrimination due to color and race. Id.; Def.'s
Request for Judicial Notice, Ex. A at 4 (Raymond Compl.) Raymond
alleged that Plaintiff Morales sent him an October 2002 e-mail,
which stated "you people can never be good managers so stop
trying." Pl.'s Opp'n at 2. Raymond filed charges of
discrimination with the California DFEH and the EEOC in February
2003, and eventually filed suit in Superior Court. Opp'n at 3;
Def.'s Mot. at 6.
MWH also initiated its own internal investigation, after which
it determined that the offensive e-mail had been sent from
Plaintiff's computer. Def.'s Mot. at 6-7. Furthermore, through a
cross check of phone records, MWH determined that both Morales
and Raymond likely had been at their desks at the time the e-mail
was sent. This fact, according to Defendants, precluded the
possibility that Raymond had gone into Morales's office to send
the e-mail. Id. As a result, MWH terminated Morales on or about
May 1, 2003. Id.
Plaintiff, on the other hand, contends that he was told in
early 2003 that he would be terminated if Raymond brought suit so
that the company could avoid having to defend and indemnify him.
Morales Decl. at 3. He claims that MWH "falsely claimed it had
evidence that conclusively showed [he] sent the e-mail to Mr.
Raymond" to justify the termination. Id.
Summary judgment is appropriate if the moving party
demonstrates that "the pleadings, depositions, answers to
interrogatories and admissions on file, together with the
affidavits, if any, show that there is no genuine issue as to any
material fact." Fed.R.Civ.P. 56(c); Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 248 (1986); Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986). A fact is material when,
under the governing substantive law, it could affect the outcome
of the case. See Anderson, 477 U.S. at 248; Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir. 1997). A dispute is genuine
if a reasonable jury could return a verdict for the nonmoving
party. See Anderson, 477 U.S. at 248.
A party seeking summary judgment always bears the initial
burden of establishing the absence of a genuine issue of material
fact. See Celotex, 477 U.S. at 323. Although the nonmoving
party bears the burden of proof on a matter at trial, the moving
party need only demonstrate to the Court that there is
insufficient evidence to support the nonmoving party's case.
Id. at 325. The moving party can satisfy this burden in two
ways: (1) by presenting evidence that negates an essential
element of the nonmoving party's case; or (2) by demonstrating
that the nonmoving party failed to establish an essential element
of the nonmoving party's case on which the nonmoving party bears
the burden of proof at trial. See Id. at 322-23. "Disputes
over irrelevant or unnecessary facts will not preclude a grant of
summary judgment." T.W. Elec. Serv., Inc. v. Pacific Elec.
Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987).
Once the moving party establishes the absence of genuine issues
of material fact, the burden shifts to the nonmoving party to set
forth facts showing that a genuine issue of disputed fact
remains. See Celotex, 477 U.S. at 314. The nonmoving party
cannot rest on the mere allegations or denials of his pleading,
but must "go beyond the pleadings and by his own affidavits, or
by the `depositions, answers to interrogatories, and admissions
on file' designate `specific facts showing that there is a
genuine issue for trial.'" Id. at 324 (citing Fed.R.Civ.P.
56(c)). When making this determination, the court must view all
inferences drawn from the underlying facts in the light most
favorable to the nonmoving party. See Matsushita Elec. Indus.
Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986);
Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir. 2001). The court
must not weigh the evidence or make credibility determinations in
evaluating a motion for summary judgment. See Anderson,
477 U.S. at 255.
As a preliminary matter, this Court has jurisdiction to
consider the summary judgment motion. When a federal claim (here
the Lanham Act) is joined with non-removable state claims, "the entire case may be removed." 28 U.S.C. § 1441(c).
Plaintiff argues that the Superior Court's previous denial of the
Defendants' motion for summary judgment precludes this Court's
consideration of the issues. Plaintiff claims that because his
claims for breach of implied contract, breach of the covenant of
good faith and fair dealing, wrongful termination, and violation
of Labor Code § 2802 survived summary judgment in state court,
the case is ready for trial, at least as to those causes of
action. However, the Ninth Circuit has expressly stated that a
"state court's denial of summary judgment [does] not preclude the
federal court from revisiting the issue after removal." Crane v.
Arizona Republic, 972 F.2d 1511, 1516 n. 3 (9th Cir. 1992).
Thus, the Court may proceed to the merits of the summary judgment
A. Cause of Action Under Lanham Act and Cal. Civil Code §
Plaintiff's first cause of action claims misappropriation under
Cal. Civil Code § 3344(a) and the Lanham Act, 15 U.S.C. § 1125. §
3344(a) provides that "[a]ny person who knowingly uses another's
name . . . in any manner, on or in products, merchandise, or
goods, or for purposes of advertising or selling, or soliciting
purchases of, products, merchandise, goods or services, without
such person's prior consent . . . shall be liable for any damages
sustained by the person or persons injured as a result thereof."
To establish a claim for misappropriation under this section, a
plaintiff must prove "(1) the defendant's use of the plaintiff's
identity; (2) the appropriation of plaintiff's name or likeness
to defendant's advantage, commercially or otherwise; (3) lack of
consent; and (4) resulting injury." Downing v. Abercrombie &
Fitch, 265 F.3d 994, 1001 (9th Cir. 2001). In addition,
plaintiff must allege "a knowing use by the defendant as well as
a direct connection between the alleged purpose and the
commercial use." Id.
Here Morales alleges that his name was used on the Wyoming
contractor license's after he was transferred to a position with
MWH without his permission. Decl. of Morales, ¶ 12. To dispute
Morales's allegation, defendants point to the declaration of
Randy Lutostanski, who oversaw Home Depot's installed sales
program in Wyoming and other western states. Lutostanski Decl., ¶
2. He states that Home Depot never used Morales's name for the purpose of advertising, selling, or soliciting the
purchase of installed sales, nor did the company ever use his
name "in any manner on or in products, merchandise or goods sold
in Wyoming or elsewhere." Id. at ¶ 3.
However, Plaintiff presents testimony which raises a triable
issue of fact regarding the use of Morales's name on the license.
Specifically, the deposition of Julia Afflick, Home Depot's
manager of corporate compliance, suggests that Home Depot may
well have used this license to promote and advertise its
installation services. Afflick testified that they placed the
license "in a conspicuous place . . . usually on a bulletin board
in installed sales." Damiani Decl., Ex. 1 at 11:11-25, 12:20-21.
She admitted that display of the license was "something that we
would like to provide to our customers, that we as a company hold
a class A contractor's license." Id. at 11:22-23. Furthermore,
Afflick testified that the qualified supervisor operating under
the license from March through September 2003 was Steven Morales.
Id. at 13:15-16. By 2003, however, Morales had already
transferred to work at MWH, a position from which he was
terminated in May 2003. Morales Decl. at ¶ 4, 10.
Given this testimony, summary judgment as to the
misappropriation claims is inappropriate. Morales's evidence, at
a minimum, shows that Home Depot knowingly used his license
without permission for advertising purposes and did so to promote
its installation services. Lutostanski's conclusory statements
that Home Depot did not use Morales's name can not be accepted at
this summary judgment stage. Summary judgment as to the
misappropriation claim is therefore DENIED.
The Lanham Act imposes liability on any party who places "in
commerce" a good or service which "is likely to cause confusion,
or to cause mistake, or to deceive as to the affiliation,
connection, or association of such person with another person, or
as to origin, sponsorship, or approval of his or her goods,
services, or commercial activities by another person."
15 U.S.C. 1125(a)(1)(a). The accused shall be liable in a civil action to
any person who establishes that he or she has been damaged by
such act. Id. 15 U.S.C. § 1127 defines the word "commerce," for
purposes of the Lanham Act, as including "all commerce which may
lawfully be regulated by Congress." The Ninth Circuit has stated
"that so defined `commerce' includes intrastate commerce which `affects'
interstate commerce." Thompson Tank & Mrf. Co., Inc. v.
Thompson, 693 F.2d 991, 993 (9th Cir. 1982). In Arrow
United Indus., Inc. v. Hugh Richards, Inc., 678 F.2d 410, 413 n.
5 (2d Cir. 1982), the Second Circuit noted that "Congress's
expressed intent in passing the Lanham Act was, inter alia, `to
regulate commerce within the control of Congress by making
actionable the deceptive and misleading use of marks in such
In United States v. Lopez, 514 U.S. 549, 559 (1995), the
Supreme Court stated that the "proper test [for determining the
constitutionality of Congressional regulation under the Commerce
Clause] requires an analysis of whether the regulated activity
`substantially affects' interstate commerce." (emphasis added).
However, purely intrastate disputes do not fall under Lanham Act.
Jellibeans, Inc. v. Skating Clubs of Georgia, Inc.,
716 F.2d 833, 838 (11th Cir. 1983); Mother Waddles Perpetual Mission,
Inc. v. Frazier, 904 F. Supp. 603, 611 (E.D. Mich. 1995).
Morales contends that Home Depot's use of his name on the
contractor license creates confusion or mistake which is
actionable under the Lanham Act. However, Defendants argue that
because Morales's name and license were used exclusively for
projects undertaken within Wyoming, their alleged conduct, even
if true, would not implicate interstate commerce. Defs.' Mot. At
10-11. In response, Plaintiff argues that while his license was
used to perform installment work exclusively within Wyoming,
Defendants' use of the license substantially affected interstate
commerce. Morales points to the size and breath of Home Depot's
interstate business generally, as well as to the fact that almost
all of the material installed came from outside Wyoming, to
establish a substantial effect on interstate commerce. See
Opp'n at 10-11.
Normally, a plaintiff can satisfy the Lanham Act's "in
commerce" requirement by showing that its business is interstate.
See, e.g., Boustany v. Boston Dental Group, Inc.,
42 F. Supp. 2d 100, 107 (D. Mass. 1999) (holding that doctor's service of
out-of-state patients satisfied interstate commerce requirement);
Mother Waddles, 904 F.Supp. at 611 (interstate commerce
requirement met because plaintiffs' business "extends beyond the
borders of Michigan"). However, purely intrastate use of the false statement
can be within the reach of the Lanham Act if the statement's use
has a substantial effect on interstate commerce. See Summit
Technology, Inc. v. High-Line Medical Instruments Co.,
933 F. Supp. 918, 934 n. 10 (C.D. Cal. 1996) ("under § 1127, a Lanham
Act claim may be brought with regard to any statement used in
such a way as to `substantially affect' interstate commerce.")
(citations omitted); Mother Waddles, 904 F. Supp. at 610-11
("In a trademark case, the interstate commerce jurisdictional
requirement may be met by showing that the infringing mark was
used in connection with goods in commerce, or that the
defendant's use, while intrastate, substantially affected
interstate business").*fn1
Here, Plaintiff does not allege that the false statement was
disseminated beyond Wyoming nor can he show that the installation
services performed using his license took place outside Wyoming.
See Lutostanski Decl. at ¶ 4. His contentions, however, are
that Defendants' business in Wyoming affects interstate commerce
and that the installed goods themselves were transported in
interstate commerce. The Court concludes that the evidence
presented in this motion satisfies the interstate commerce
requirement of the Lanham Act. Morales's declaration establishes
for this motion that the goods installed pursuant to his license
came from other states. Morales Decl., ¶ 14 ("almost all the
products that were installed under my license in Wyoming were
manufactured in other States throughout the U.S. and shipped to
Wyoming"). Presumably, if Home Depot had ceased performing
installation work when Morales accepted employment with MWH (or
at least performing work using his license), the delivery of
these out-of-state products to Wyoming for use in projects
performed under Morales's contractor's license would have slowed. Clearly, this consequence, though it may only have been temporary
(until Home Depot could have procured another license with
someone else's name), would substantially affect interstate
commerce in building materials. The alleged false use of
Morales's name in order to obtain home improvement projects in
Wyoming using out of state materials is sufficient to create
Lanham Act jurisdiction. Berghoff Restaurant Co., Inc. v.
Berghoff, 357 F. Supp. 127, 130 (N.D. Ill. 1973). See also
Daniel v. Paul, 395 U.S. 298, 305 (1969).
Given the definition of commerce as encompassing activities
that can be subject to Congressional regulation, Home Depot's
installation activities in Wyoming affect interstate commerce,
despite the local nature of the projects. Home Depot's purchase
of goods shipped through interstate commerce satisfy the Lanham
Act's "sweeping reach." Steele v. Bulova Watch Co.,
344 U.S. 280, 287 (1952). Defendants' use of Plaintiffs' license did
implicate interstate commerce. This fact is enough to meet the
Lanham Act jurisdictional requirements at this stage of the
proceedings. See Arrow United, 678 F.2d at 413 n. 5 (2d Cir.
1982) (finding jurisdictional requirement satisfied where both
parties were New York corporations and all of activities relating
to subcontract at issue took place in New York because the false
designation of origin claims asserted against defendants could
adversely affect its interstate business). Morales must, of
course, prove at trial that his name was actively used in
"commerce" as defined in 15 U.S.C. § 1127. Summary judgment as to
the Lanham Act claim is therefore DENIED.
B. Cause of Action for Breach of Implied Contract
Defendants argue that summary judgment is appropriate on the
breach of contract claim because it is undisputed that Morales
was an at-will employee. They argue that an at-will relationship
precludes any implied contract requiring good cause for
termination. California law provides that any employee contract
with no specified term is at-will and can therefore be terminated
by either party at any time without cause. Cal. Lab. Code § 2922.
The statutory presumption of at-will employment is strong. Guz
v. Bechtel Nat'l., Inc., 24 Cal. 4th 317, 336 (2000).
Additionally, "an express at-will agreement precludes the
existence of an implied contract requiring good cause for
termination." Halvorsen v. Aramark Uniform Servs. 65 Cal. App. 4th 1383, 1388 (1998). See also
Guz, 24 Cal. 4th at 340 n. 10.
Defendants argue that Morales signed written express agreements
acknowledging the at-will nature of his employment on four
separate occasions. The first time was in June 1993, when he
signed an "Employment Application."*fn2 Ross Decl, Ex. G.
Second, Morales signed an "Acknowledgment Form" in July 1993 in
connection with the start of his employment which included the
same language. Id. at Ex. F. Third, Morales signed a letter
agreement in February 2002 when he transferred to a position at
MWH from a position at Home Depot. Id. at Ex. D. This letter
agreement stated that it was confirming several items regarding
Morales's employment, including its at-will nature. Morales
signed a statement that he read and agreed to the terms of the
letter agreement. The fourth and final time that Defendants claim
that Morales acknowledged his status as an at-will employee was
in January 2003, when he signed a qualifier agreement that
provided that "[n]othing in this Agreement changes the status of
Qualifier [Morales] as an `at-will' employee of Maintenance
Warehouse." Id. at Ex. E. Morales does not deny signing these
Based on the language of these documents, it is clear that
Morales had an express at-will employment contract with the
Defendants. Despite these agreements, Plaintiff attempts to argue
that the Defendants' policies and practices gave rise to an
implied contract that he could only be discharged for good cause.
Morales essentially argues that the documents are not employment
contracts and that his long service substantially changed the
nature of his contract. The Court finds that the evidence
submitted by Morales does not rebut the statutory presumption of
at-will employment. See Hawkins v. Home Depot USA, Inc.,
294 F. Supp. 2d 1119, 1124 (N.D. Cal. 2003) (holding that Home Depot
employment application with language similar to Morales's
confirmed at-will agreement). As for Morales's arguments regarding length of service and seniority, these
factors "have no relevance when there is an express contract of
employment which states the terms of employment." Halvorsen,
65 Cal. App. 4th at 1388.
Morales also contends that he was shown a video by Home Depot
in 1993 that promised all employees a job for life as long as
they adhered to certain principals. However, Morales thereafter
signed his most recent employment agreement on April 12, 2002,
wherein he acknowledged at will employment. To the degree that
any prior promises of employment for life on good behavior were
in fact made, they were superceded by the subsequent employment
agreement for Morales' new position at MWH. Morales also relies
on the "Employee Manual." Ex. BB of Defs.' NOR at 792. However,
this manual expressly provides that the employment between "all
employees and Maintenance Warehouse is an `at-will'
relationship. . . . employment may be terminated, either by the
employee or the employer, at any time, with or without
cause. . . . [this] relationship can not be modified by any oral
or implied agreement or conduct." Morales signed agreements on
four separate occasions which stated the at-will nature of his
employment. Because these express provisions control and there is
no evidence of an implied contract requiring good cause for his
termination, the Defendants were free to terminate Morales at any
time without cause. The Court therefore GRANTS Defendants'
motion for summary judgment as to this claim.
C. Breach of Implied Covenant of Good Faith and Fair Dealing
Morales's third cause of action is for the breach of the
implied covenant of good faith and fair dealing. "Every contract
imposes upon each party a duty of good faith and fair dealing in
its performance and its enforcement." Foley, 47 Cal. 3d at 683
(quoting Restatement (Second) of Contracts, § 205). Morales's
claim largely fails as a matter of law for many of the same
reasons relating to his claim for breach of the implied contract.
Morales argues that this implied covenant was breached because
assurances of continued employment and length of service gave
rise to an implied contract. However, as discussed, Plaintiff and
Defendants had an express at-will employment relationship. By
definition, an at-will employee may be terminated at any time by
the employer without cause. Cal Lab. Code § 2922. As the California Supreme Court stated in Guz "in
an at-will relationship, there is no agreement to terminate only
for good cause, [and] the implied covenant standing alone cannot
be read to impose such a duty." 24 Cal.4th at 350. Because the
implied covenant of good faith and fair dealing "cannot impose
substantive duties or limits on the contracting parties beyond
those incorporated in the specific terms of their agreement,"
Morales's claim for breach of the covenant necessarily fails as a
matter of law. Id. at 349-50. See also Hawkins,
294 F. Supp. at 1124 (finding that at-will employee's failure to show
implied contract resulted in failure to show breach of implied
covenant of fair dealing and good faith).
While this implied covenant cannot be read to impose a good
cause termination requirement, it does prevent "a party from
acting in bad faith to frustrate the contract's actual
benefits. . . . [such as] if termination of an at-will employee
was a mere pretext to cheat the worker out of another contract
benefit to which the employee was clearly entitled." Guz,
24 Cal. 4th at 353 n. 18. Morales, in his declaration,
asserts that a member of the Human Resources department told him
that he would be fired if Raymond brought suit so that the company
could avoid having to indemnify him. Morales Decl. ¶ 9. He
claims that MWH "falsely claimed" that it had e-mail evidence of
his racially charged statements to "justify its termination." Id.
at ¶ 10. The right to indemnification is a contract benefit to
which Morales is clearly entitled. See infra Part
III.D. If Defendants falsely used an alleged ethics violation as
a pretext to avoid having to indemnify him for his legal costs,
they would have breached the covenant of good faith and fair
dealing. Therefore, Defendants' motion for summary judgment as to
this claim is GRANTED IN PART and DENIED IN PART.
Morales may proceed on his claim for breach of the implied
covenant, but it is limited to his claim for termination to deny
him the benefit of indemnification.
D. Wrongful Termination in Violation of Public Policy
Morales's fourth cause of action alleges that Defendants
wrongfully terminated him in violation of public policy.
Defendants argue that this cause of action fails because
termination for the purpose of avoiding a duty to indemnify under
Lab. Code § 2802 does not implicate public policy. Instead, they
assert that the alleged termination to avoid § 2802 is a private dispute between Morales and them. They also argue that
Morales cannot demonstrate he was terminated because of
Defendants' desire to avoid this duty. Cal Lab. Code § 2802
provides that an "employer shall indemnify his or her employee
for all necessary expenditures or losses incurred by the employee
in direct consequence of the discharge of his or her
duties. . . ."
An employer's right to discharge an at-will employee is still
subject to limits imposed by public policy. Foley v. Interactive
Data Corp., 47 Cal. 3d 654, 665. The policy in question must
involve a matter that affects society at large rather than a
purely personal or proprietary interest of the plaintiff or
employer. The policy must also be fundamental and substantial,
but also well established at the time of the discharge.
Stevenson v. Superior Ct., 16 Cal. 4th 880, 889 (1997)
(internal quotations omitted). Additionally, the policy must be
supported by constitutional or statutory provisions. Id. at
889-90. This last requirement "ensure[s] that employers have
adequate notice of the conduct that will subject them to tort
liability to the employees they discharge." Id. at 889.
"The cases in which California courts have recognized a
separate tort cause of action for wrongful termination in
violation of public policy generally fall into four categories,
where the employee is discharged for: (1) refusal to violate a
statute . . .; (2) performing a statutory obligation . . .; (3)
exercising (or refusing to waive) a statutory or constitutional
right or privilege . . .; or (4) reporting an alleged violation
of a statute of public importance. . . ." Lagatree v. Luce,
Forward, Hamilton & Scripps, 74 Cal.App.4th 1105, 1112 (1999)
(internal citations and quotations omitted). However, "the
principle underlying the public policy exception is more easily
stated than applied. The difficulty, of course, lies in
determining where and how to draw the line between claims that
genuinely involve matters of public policy, and those that
concern merely ordinary disputes between employer and employee."
Stevenson, 16 Cal. 4th at 889. Because defining `public policy'
precisely proves difficult, courts should "should proceed
cautiously if called upon to declare public policy absent some
prior legislative expression on the subject." Lagatree,
74 Cal. App. 4th at 1112.
The Court believes that an employee's right to indemnification
for expenses and losses does implicate a fundamental public policy. A review of
the case law shows that there are many provisions of the Labor
Code which do implicate public policy. See, e.g., Freund v.
Nycomed Amersham, 347 F.3d 752, 758-760 (9th Cir. 2003)
("public policy behind § 6310 [prohibiting discrimination or
discharge for complaining about unsafe work conditions or
practices] . . . is to prevent retaliation against those who in
good faith report working conditions they believe to be unsafe");
Green v. Ralee Eng. Co., 19 Cal. 4th 66, 76-77 (1998) (Labor
Code § 1102.5 prohibiting retaliation against employees for
disclosing employer violation of state or federal regulations to
a government agency protects public at large from illegal,
unethical, or unsafe practices); Ali v. L.A. Focus Publication,
112 Cal. App. 4th 1477, 1487-88 (2002) (Labor Code §§ 1101
and 1102 protecting an employee from retaliation for political
activity); Grant-Burton v. Covenant Care, Inc.,
99 Cal. App. 4th 1361, 1376-77 (2002) (Labor Code § 232 protecting right to
engage in `concerted activities'); Gould v. Maryland Sound
Industries, Inc., 31 Cal. App. 4th 1137, 1147 (1995) (Labor Code
§ 216(a) requiring prompt payment of earned wages for
discharged employee). Such a policy does seem to be implicated
here, and is closely related to the fundamental public policy
requiring prompt payment of wages discussed in Gould.
In Gould, the court pointed to the statutory authority
requiring prompt payment of wages following discharge and stated
that "[w]ages are not ordinary debts . . . because of the
economic position of the average worker, and in particular, his
family, it is essential to the public welfare that he receive his
pay promptly." Id. (citing Pressler v. Donald L. Bren Co.,
32 Cal 3d 831, 837 (1982). The Court continued: "[t]hus, the prompt
payment of wages serves society's interests . . . through a more
stable job market, in which its most important policies are
safeguarded." Id. (internal quotations and citations omitted).
Just as employers must promptly pay wages owed, they are required
by § 2802 to indemnify employees for the "necessary expenditures
or losses incurred by the employee in direct consequence of the
discharge of his or her duties." An employee's right to be repaid
for ordinary costs like travel expenses or other necessary
expenditures or losses serves the same interests as prompt
payment of wages. Therefore, the right of indemnification
implicates a fundamental public policy.
Furthermore, in determining whether a substantial public policy
has been violated, courts look to see whether an employee or
employer could circumvent the policy by way of agreement without
violating public policy. See Foley, 47 Cal. 3d at 671 n. 12;
Lagatree, 74 Cal. App. 4th at 1112. Cal Labor Code § 2804
expressly provides that any "contract or agreement, express or
implied, made by any employee to waive the benefit of this
article [Art. 2: Obligations of Employer] or any part thereof, is
null and void. . . ." See also Desimon v. Allstate Ins., Co.,
No. C 96-036606, WL 33226248 at *10 (N.D. Cal. Sept. 14, 1999);
Liberio v. Vidal, 240 Cal. App. 2d 273, 276 n. 1 (1996) ("Labor
Code, section 2804 makes all contracts waiving the benefits of
section 2802 null and void"). This statutory provision's refusal
to permit waiver of § 2802's indemnification provision
underscores its essential fundamental public function. In fact,
Cal Civ. Code § 3513 recognizes the importance of non-waivable
rights by providing that "[a]ny one may waive the advantage of a
law intended solely for his benefit. . . . [b]ut a law
established for a public reason cannot be contravened by a
private agreement." Thus, § 2802 implicates a fundamental public
policy and termination to avoid compliance can support a claim
for wrongful termination in violation of public policy. As
Morales alleges that he was told he "would be terminated in order
for the company to avoid having to defend and indemnify me in the
even [of suit]," Morales Decl. ¶ 9, Defendants' motion for
summary judgment on Plaintiff's claim of wrongful termination in
violation of public policy is DENIED.
The Court notes, however, that Defendants could not have
avoided their duty to indemnify Morales even if they had fired
him. The issue here though is not whether or not Defendants would
have had to indemnify Morales as a former employee, but rather
whether, operating on a misunderstanding of the law, they did
believe that firing Morales would allow them to avoid
indemnifying him.
E. Violation of Labor Code § 2802
Plaintiff's fifth and final cause of action alleges violation
of Cal. Labor Code § 2802, which provides that an "employer shall
indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties. . . ." "The
test for recovery under section 2802 is whether the conduct
defended against was within the course and scope of employment."
Jacobus v. Krambo Corp., 78 Cal. App. 4th 1096 (2000).
Defendants argue that because Morales's alleged racial harassment
was not within the scope of his duties as an employee, they are
not required to indemnify him. Though Morales admits that racial
harassment of Raymond was not within the scope of his duties,
Ross Decl. Ex. A 70:4-12 (Morales Depo), he denies that such
conduct occurred. Opp'n at 19 (quoting Morales depo.) In fact,
Morales has submitted evidence that he was ultimately vindicated
on the charges of harassment when the Superior Court entered
judgment in his favor on July 22, 2005. Damiani Decl., ¶ 20.
Both parties point to the Jacobus case to support their
respective arguments. In Jacobus, an employee who had been sued
for sexual harassment brought a suit seeking indemnification for
legal costs incurred in successively defending against the claim.
While the court admitted that such conduct fell outside the
course and scope of employment, it noted that the jury in the
harassment suit had found the employee not guilty of harassment.
Id. at 1102-03. It also explicitly stated that the "question
whether an employee's acts are within the scope of employment is
ordinarily a question of fact, but the issues may be determined
as a question of law when the material facts are undisputed and
no conflicting inferences are possible." Id. at 1103. Here the
parties dispute the material facts; Morales insists he did not
harass Raymond, while Defendants insist that he did. Accordingly,
there is a triable issue of fact as to whether Morales even
committed the alleged acts. The Court therefore DENIES summary
judgment as to the indemnification claim.
For the reasons discussed, Defendants' motion for summary
judgment is GRANTED in part and DENIED in part. The Court
concludes that there are no triable issues as to Defendants'
breach of implied contract. Summary judgment is therefore
GRANTED as to this claim. Summary judgment as to Plaintiff's
claim for breach of the implied covenant of good faith and fair
dealing is GRANTED IN PART and DENIED IN PART. This cause of action, however, is limited to Plaintiff's claim that he was
fired to deny him the benefit of indemnification. The Court
DENIES the motion for summary judgment as to Plaintiff's causes
of action for (1) misappropriation; (2) wrongful termination in
violation of public policy; and (3) violation of Cal. Lab. Code §
The Court declines to strike the Plaintiff's opposition because
it was several days late. Defendants have made no showing of
actual prejudice resulting from Plaintiff's untimely service. The
Court warns the parties to be timely in filing in the future. The
Court would have to consider the merits of Defendants' motion on
the record even if Plaintiff failed to file an opposition. See
Henry v. Gill Indus., Inc., 983 F.2d 943, 950 (9th Cir.
Finally, Defendants filed objections to evidence offered by the
Plaintiff. The vast majority of the evidence objected to is not
relied upon by the Court. Furthermore, the evidence submitted on
a motion for summary judgment need not be in its admissible form
so long as it is clear that it will ultimately be admissible at
trial. See Fraser v. Goodale, 342 F.3d 1032, 1036-37 (9th
Cir. 2003). For these reasons, the objections are overruled.
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United States District Court, W.D. Pennsylvania
September 24, 2014
STEPHANIE SKOLNIK, Plaintiff,v.FRIENDSHIP RIDGE, Defendant.
ARTHUR J. SCHWAB, District Judge.
I. Introduction
This case centers on alleged age discrimination in an employment action in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq. Doc. No. 1. Plaintiff, Stephanie Skolnik, alleges that she was discharged from her employment with Friendship Ridge ("Defendant"), a geriatric care center, because of her age, under the guise of poor performance. Id . Plaintiff seeks relief including reinstatement, back and front pay, monetary damages, and an "injunction to prevent future discriminatory employment practices." Id. at ¶ 50.
Presently before this Court is a Motion to Dismiss filed by Defendant. Doc. No. 10. Defendant moves this Court to dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and deny Plaintiff's request for injunctive relief. Id . Plaintiff opposes this Motion to the extent that Defendant seeks dismissal of the Complaint. Doc. No. 13. Plaintiff states that she is not seeking injunctive relief and therefore does not oppose this portion of Defendant's Motion. After review of the Motion and associated filings, the Court will deny Defendant's Motion to Dismiss to the extent that it seeks dismissal of Plaintiff's Complaint.[1]
II. Standard of Review
In considering a Rule 12(b)(6) motion, Federal Courts require notice pleading, as opposed to the heightened standard of fact pleading. Fed.R.Civ.P. 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief, ' in order to give the defendant fair notice of what the... claim is and the grounds on which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).
Building upon the landmark United States Supreme Court decisions in Twombly and Ashcroft v. Iqbal, 556 U.S. 662 (2009), the United States Court of Appeals for the Third Circuit explained that a District Court must undertake the following three steps to determine the sufficiency of a complaint:
First, the court must take note of the elements a plaintiff must plead to state a claim. Second, the court should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. Finally, where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.
Connelly v. Steel Valley Sch. Dist., 706 F.3d 209, 212 (3d Cir. 2013) (citation omitted).
The third step of the sequential evaluation requires this Court to consider the specific nature of the claims presented and to determine whether the facts pled to substantiate the claims are sufficient to show a "plausible claim for relief." Covington v. Int'l Ass'n of Approved Basketball Officials, 710 F.3d 114, 118 (3d Cir. 2013). "While legal conclusions can provide the framework of a Complaint, they must be supported by factual allegations." Iqbal, 556 U.S. at 664.
This Court may not dismiss a Complaint merely because it appears unlikely or improbable that Plaintiff can prove the facts alleged or will ultimately prevail on the merits. Twombly, 550 U.S. at 563 n.8. Instead, this Court must ask whether the facts alleged raise a reasonable expectation that discovery will reveal evidence of the necessary elements. Id. at 556. Generally speaking, a Complaint that provides adequate facts to establish "how, when, and where" will survive a Motion to Dismiss. Fowler v. UPMC Shadyside, 578 F.3d 203, 212 (3d Cir. 2009).
In short, a Motion to Dismiss should not be granted if a party alleges facts, which could, if established at trial, entitle him/her to relief. Twombly, 550 U.S. at 563 n.8.
III. Statement of Facts
The facts of this case, taken as true solely for the purposes of this Memorandum Order, are:
Plaintiff is over fifty (50) years old. Doc. No. 1, ¶ 5. She began working for Friendship Ridge in 1998. Id. at ¶ 6. Plaintiff worked in several positions until 2004, when she began working as a nurse's aide. Id. at ¶¶ 7-10. Beginning in 2004, Plaintiff was subject to written and verbal discipline by Registered Nurse, Judy McClune, based on unsubstantiated complaints from a fellow nurse's aide. Id. at ¶¶ 11, 12. Plaintiff was the oldest nurse's aide during this time period. Id. at ¶ 43. Younger employees who violated policy and/or had performance issues were not similarly disciplined. Id. at ¶¶ 13, 34.
On or about November 25, 2010, in an attempt to subdue a disruptive patient, Plaintiff placed her finger on the patient's mouth and whispered in the patient's ear. Id. at ¶¶ 23-24. This action was consistent with Plaintiff's training and did not violate any policy. Id. at ¶¶ 28-29. Plaintiff was questioned by the Unit Director, Julie Dobish, after this incident. Id. at ¶ 30. Plaintiff was accused of patient misconduct for placing her hand over a patient's mouth and screaming in the patient's ear. Id. at ¶ 14. Plaintiff was suspended on November 27, 2010 for alleged patient abuse. Id. at ¶ 33. Plaintiff was discharged on December 10, 2010 for patient abuse. Id. at ¶ 35. This actions were taken because of Plaintiff's age. Id. at ¶ 38.
Defendant replaced older nurses with substantially younger nurses based on false allegations of poor performance. Id. at ¶ 45. Defendant hired substantially younger nurse's aides shortly before Plaintiff was terminated. Id. at ¶ 44. Plaintiff was replaced by a substantially younger individual with less experience. Id. at ¶ 42.
IV. Discussion
Defendant moves this Court to dismiss Plaintiff's Complaint in its entirety for failure to state a prima facie case under the ADEA. Doc. No. 10. Defendant contends that Plaintiff's claims are mere conclusions without factual support. The Court finds that Plaintiff has pled sufficient facts to establish the who, what, where, and when of the alleged age discrimination necessary under the lenient motion to dismiss standard of review. Specifically, taken as true, Plaintiff has set forth that: Defendants had a pattern of dismissing older individuals without cause; Plaintiff was the oldest nurse's aide in her unit; she was disciplined for an action that was in conformance with Defendant's training and policies; other younger individuals were not disciplined for violations; Plaintiff was terminated; and Plaintiff was replaced with a younger individual. Although sparsely pled, these allegations are sufficient at this early stage.
Defendant also moves this Court to dismiss Plaintiff's requested injunctive relief for lack of standing. Defendant contends that Plaintiff lacks standing to request this relief because she is not employed by Defendant. As previously noted, Plaintiff does not oppose this portion of Defendant's Motion.
V. Order
AND NOW, this 24th day of September, 2014, IT IS HEREBY ORDERED THAT Defendant's Motion to Dismiss (Doc. No. 10) is GRANTED IN PART AND DENIED IN PART. Defendant's Motion to Dismiss Plaintiff's Complaint is DENIED. Defendant's Motion to dismiss Plaintiff's claim for injunctive relief is GRANTED. Plaintiff's claim for injunctive relief is DISMISSED without opposition.
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Economic challenges of globalisation
conomic policy translates directly into the standard of living and social moods. In the contemporary world trust in institutions of economic life is a necessary prerequisite. The Polish stock exchange has become an important element of the economic landscape. Ludwik Sobolewski, President of the Board of the Warsaw E
Antonio Estella, Head of International Aairs and Cooperation, The Ideas Foundation, Spain Paolo Garonna, , General Directo , ANIA (Italian Association of Insurers), Italy Gyorgy Mosonyi, CEO, Member of the Board of Directors, MOL Plc, Hungary
Stock Exchange, emphasised that we have to adapt to globalisation and free capital
ow. An alternative is marginalisation and maybe even the disappearance of the ca-
pital market. The Polish stock exchange has to be open to the world, it has to allow foreign investment companies play an active part and it also has to understand the fact that investors' capital can not only come, but may also go. We need to build a capital market which does not have a purely local dimension but an international one.
Debate: The Role of Multilateral Institutions in the Last Financial Crisis Charles Kovacs, Prezes, CIG Pannonia Life Insurance Co, Węgry; Kaspar Richter, Senior Economist, World Bank, Poland; Gyorgy Szapary, Economic Policy Adviser to the Prime Minister of, Hungary; Andriej Nieczajew, President, Russian Financial Corporation, Russia