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United States District Court, N.D. California
October 2, 2014
Northern California River Watch, a 501(c)(3) non-profit Public Benefit Corporation, Plaintiff,v.Fluor Corporation, a corporation, and DOES 1-30, inclusive, Defendants, The Shiloh Group, LLC, a California limited liability company, Intervenor/Plaintiff,v.Fluor Corporation, a corporation, and DOES 31-60, inclusive, Defendants.
WILLIAM H. ORRICK, District Judge.
Intervenor/plaintiff The Shiloh Group LLC ("TSG") has filed a complaint in intervention (the "Intervenor Complaint") against defendant Fluor Corporation, seeking damages and other relief necessitated by Fluor's contamination of TSG's property. Fluor moves to dismiss part of the first cause of action for contribution for cleanup costs under CERCLA and the seventh cause of action for injunction and to strike TSG's requests for attorneys' fees.[1] Dkt. No. 153.
Pursuant to Local Rule 7-1(b), this matter is suitable for determination without oral argument and I vacated the hearing scheduled for October 1, 2014. Fluor's motion is GRANTED. TSG conceded in its opposition that its first and seventh causes of action are not properly stated, so the only question remaining is whether to strike TSG's requests for attorneys' fees. Because TSG has not stated causes of action under which it would be entitled to attorneys' fees, the fees requests are STRUCK.
The Intervenor Complaint relates to the underlying lawsuit in this action between Northern California River Watch and Fluor arising from Fluor's industrial use between 1953 to 1972 of real property located in Windsor, California. See Fourth Amended Compl. (Dkt. No. 106).[2] River Watch filed suit against Fluor under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. and the Clean Water Act, 33 U.S.C §1251 et seq., alleging that Fluor spilled chemicals that contaminated the soil of the property. Id. ¶¶ 1-3, 5-9. TSG purchased a portion of the property in 1999.[3] Intervenor Compl. ¶ 20. At that time, TSG was aware that Fluor was in the process of cleaning up an area that lies on the property, known as the "Pond Site, " pursuant to an order issued by the California Department of Toxic Substances Control in 1989. Id. The Pond Site shows levels of lead and other contamination. Id. ¶ 13. TSG believes that Fluor caused the contamination at the Pond Site. Id.
TSG alleges that in late 2011 a Regional Water Quality Control Board employee detected lead and other metals at elevated levels in storm water exiting a concrete lined ditch that forms the western boundary of the TSG property. Id. ¶¶ 13-15. The Water Board "urged" TSG to promptly clean up the ditch. Id ¶ 24. The cleanup cost TSG over $117, 000. Id. TSG requested reimbursement from Fluor and Fluor refused. Id. ¶ 25. TSG's environmental consultant conducted tests in June 2013 that showed elevated lead levels in multiple locations. Id. ¶¶ 29-30. TSG provided these test results to Fluor who did not provide TSG with any evidence that the lead came from some other source. Id ¶ 30.
TSG filed this Intervenor Complaint on July 30, 2014, alleging seven causes of action: (i) contribution for cleanup costs incurred under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601 et. seq.; (ii) contribution for cleanup costs incurred under the Carpenter-Presley-Tanner Hazardous Substance Account Act ("HSAA"), California Health & Safety Code § 25363(e); (iii) negligence; (iv) trespass; (v) private nuisance; (vi) declaratory relief; and (vii) injunction. Dkt. No. 147.
I. MOTION TO DISMISS (RULE 12(b)(6))
Under Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007). A claim is facially plausible when the plaintiff pleads facts that "allow the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). This standard is not akin to a probability requirement. There must be "more than a sheer possibility that a defendant has acted unlawfully." Id. While courts do not require "heightened fact pleading of specifics, " a plaintiff must allege facts sufficient to "raise a right to relief above the speculative level." Twombly, 550 U.S. at 555, 570.
In deciding whether the plaintiff has stated a claim upon which relief can be granted, the court accepts the plaintiff's allegations as true and draws all reasonable inferences in favor of the plaintiff. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987). However, the court is not required to accept as true "allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences." In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008).
If the court dismisses the complaint, it "should grant leave to amend even if no request to amend the pleading was made, unless it determines that the pleading could not possibly be cured by the allegation of other facts." Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir. 2000). In making this determination, the court should consider factors such as "the presence or absence of undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party and futility of the proposed amendment." Moore v. Kayport Package Express, 885 F.2d 531, 538 (9th Cir.1989).
II. MOTION TO STRIKE (RULE 12(f))
Federal Rule of Civil Procedure 12(f) provides that a court "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." FED. R. CIV. P. 12(f). The function of a motion to strike under Rule 12(f) is to avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing of those issues before trial. See Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th Cir. 1993), rev'd on other grounds, 510 U.S. 517 (1994) (citation omitted).
Under CERCLA, only the United States Government, a State, or an Indian tribe have standing to sue for "damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release." 42 U.S.C. §§ 9607(A)(C), (F)(1). In addition, damages in the form of diminished property values are not recoverable under CERCLA § 107(a) because diminished property values are not costs of a removal or remedial action. See 42 U.S.C. § 9607(A)(B) (CERCLA violators liable for "necessary costs of response incurred by any other person consistent with the national contingency plan"); Wehner v. Syntex Corp., 681 F.Supp. 651, 653 (N.D. Cal. 1987) ("Economic damages for loss of property are not covered by the statute.").
In its opposition, TSG concedes that it lacks standing to assert a claim for natural resource damage and, separately, that loss in property value is not recoverable. See Opp. at 2. TSG argues that it can, however, state a CERCLA claim under 42 U.S.C. § 9607(a)(B) for recovery of the $117, 000 it incurred for the removal of contaminated material from the property. Opp. at 5. Fluor appears to agree, as it does not challenge the claim for cost recovery in the first cause of action. See, e.g., Mot. at 12 ("Fluor respectfully requests that the Court dismiss, with prejudice, TSG's claims for natural resource and property damages in its First Cause of Action.") (emphasis added). TSG's claims for natural resource and property damages in its first cause of action are STRUCK WITHOUT LEAVE TO AMEND. The first cause of action survives with respect to TSG's claim for cleanup costs.
In its opposition, TSG concedes that "[i]njunctive relief is not a separate private cause of action under CERCLA or state law." Opp. at 2. TSG's cause of action for injunctive relief is DISMISSED WITHOUT LEAVE TO AMEND.
In its complaint, TSG seeks attorneys' fees in connection with each of its remaining causes of action: (i) recovery of cleanup costs under CERCLA; (ii) contribution for cleanup costs under HSAA; (iii) negligence; (iv) trespass; (v) private nuisance; and (vi) declaratory relief. But in its opposition brief, TSG concedes that it is not entitled to attorneys' fees in connection with its CERCLA, state tort, or federal declaratory relief causes of action.[4] Opp. at 2. However, TSG contends that it may seek attorneys' fees pursuant to California's "private attorney general" statute should it prevail on its HSAA or state declaratory relief causes of action. TSG also argues that it may be able to assert a CERCLA "citizens' suit, " in which case it may be entitled to attorneys' fees. I address each argument in turn.
A. Fees under Code of Civil Procedure § 1021.5
California's "private attorney general" statute, Code of Civil Procedure Section 1021.5, provides that
Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if:
(a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons,
(b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and
(c) such fees should not in the interest of justice be paid out of the recovery, if any.
TSG argues that it may be entitled to attorneys' fees under Section 1021.5 if it prevails on its HSAA or state declaratory relief causes of action. See Opp. at 2-4. However, Section 1021.5 fees "are not part of the underlying cause of action, but are incidents to the cause and are properly awarded after entry of a judgment." Snatchko v. Westfield LLC, 187 Cal.App.4th 469, 497 (2010), as modified on denial of reh'g (Sept. 3, 2010) (internal citation and punctuation omitted). Indeed, "[t]here is no requirement that the intent to seek attorney fees under section 1021.5 must be pleaded in the underlying action." Id. Accordingly, TSG's HSAA and declaratory relief causes of action do not themselves give rise to TSG's potential entitlement to attorneys' fees and the requests is properly STRUCK from the complaint. As noted, however, whether or not TSG pleads Section 1021.5 in its complaint has no bearing on whether TSG may ultimately be able to recover attorneys' fees under Section 1021.5.
B. Fees under CERCLA citizens' suit
CERCLA authorizes any person to bring a "citizens' suit" against any party "alleged to be in violation of any... order which has become effective pursuant to [CERCLA]." 42 U.S.C. § 9659(a)(1).
TSG asserts that if the California Department of Health Services's 1989 order, under which Fluor is cleaning up the property at issue, "became effective" pursuant to CERCLA, then "TSG will have a CERCLA citizens' suit, " in which case it may be entitled to attorneys' fees. Opp. at 4. TSG states that it "has not yet found sufficient support for the allegation that the Order is within the scope of [CERCLA], " but "if it TSG [sic] finds that support... TSG will seek leave to amend its complaint further to assert such a citizens' suit." Id.
TSG's speculation that it may at some point seek leave to assert a citizens' suit has no bearing on the issues presently before me. The operative complaint does not assert a CERCLA citizens' suit and TSG concedes that it is not entitled to recover attorneys' fees in connection with the CERCLA claim which is alleged in the operative complaint, the claim for costs recovery.
Fluor's motion to dismiss and/or strike is GRANTED. TSG's claims for natural resource and property damages under CERCLA (first cause of action) are STRUCK and its cause of action for injunctive relief (seventh cause of action) is DISMISSED WITHOUT LEAVE TO AMEND. TSG's requests for attorneys' fees are STRUCK, without prejudice to its ability to move for fees at a later time pursuant to California Code of Civil Procedure § 1021.5, if appropriate.
If TSG desires to file an amended complaint, [5] it shall seek leave to do so within 20 days of this order.
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|About Us
The New Rules of InvestingBy Frank Curzio, editor, Phase 1 Investor
Monday, July 19, 2010
As a fundamental analyst, I'm scratching my head right now.
According to economist Barry Ritholtz, the top 50 non-financial firms have over $800 billion in cash and equivalents on their balance sheets. That's more than the entire 2009 stimulus plan.
And as I'll show you below, stocks look incredibly cheap. But there are a few things you need to think about before you load up. First, let me show you why most fundamental analysts are so excited right now...
According to Thomson Reuters, analysts project that companies in the S&P 500 will earn a cumulative $92 per share in 2011. That's the highest earnings in over 10 years for the large-cap index. More than the bull markets of 2006 and 2007.
Based on these numbers, the S&P 500 is trading at 12 times 2011 earnings as of Friday's close. That's the cheapest the large-cap index traded since the 1980s, according to the chart below.
A closer look at the chart suggests every time the P/E ratio has fallen below 10 since 1940, it turned out to be a great buying opportunity.
That's why fundamental newsletter writers across the country are recommending industry bellwethers like ExxonMobil, Pfizer, Hewlett-Packard, and JPMorgan. These companies trade for less than 10 times forward earnings.
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Interest rates are at all-time lows. We are seeing government intervention to the point where no large company or country is allowed to fail. Our deficits are at record levels. That means much higher taxes going forward. Lending is tighter than ever. Consumers with good credit can't borrow money. That means fewer dollars will flow into the economy.
This type of structural change in spending is described by Mohammed El Erian as the "New Normal." He is the CEO of PIMCO, the largest bond firm in the world. The New Normal is another way of saying that the past no longer applies.
In other words, maybe it's a bad idea to compare today's valuations with history. I'm not saying ExxonMobil or Intel is expensive at nine times forward earnings. But based on the New Normal, they may not be cheap either.
If you want to buy a true bargain, wait for some of the industry leaders to pull back a little farther from these levels.
Good investing,
Further Reading:
Euro rally continues... notches sixth straight weekly gain.
Fear index shows manic market... after falling every day for a week, VIX up four days in a row.
Natural gas rebounds... gains 4% last week as crude oil falls slightly.


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Appeal from the Circuit Court of Cook County; the Hon. BEN
SCHWARTZ, Judge, presiding. Judgment reversed and cause remanded
with directions to deny defendant's motion to dismiss, that
defendant answer and for other proceedings not inconsistent with
this opinion.
This is an appeal from a judgment of the Circuit Court of Cook County granting defendant's motions for summary judgment, and to dismiss. This action arose out of a fire in a building which is owned by the plaintiffs and is leased to the defendant. On January 23, 1964, defendant's employee was operating an oxyacetylene torch in defendant's automobile repair shop. A fire resulted which plaintiffs alleged in their amended complaint was the result of the negligence of defendant's employee and of the defendant, Yarnall-Todd Chevrolet, Inc.
Plaintiffs' theory is that the damage to the premises was the result of the defendant-lessee's negligence and that the lease under which defendant occupied the premises did not exculpate defendant from liability for loss caused by, or through its negligence. The basic issue facing this court is whether the trial court was correct in construing the lease to exonerate the defendant.
The relevant provisions of the lease involved here are as follows:
"5. . . . At the termination of this lease by lapse of time or otherwise, lessee shall return the premises and all leasehold improvements and fixtures therein in as good condition as when lessee took possession, ordinary wear and tear or damage by fire or other casualty beyond lessee's control excepted, . . . .
"7. . . . In addition to all other liabilities for breach of any provision of this Section 7, lessee shall pay to lessors an amount equal to the increased cost of any insurance coverage resulting from lessee's act or neglect and all damages sustained by lessors as a consequence thereof. . . .
"8. . . .
"Notwithstanding the provisions of this paragraph 8, lessors shall, upon receipt of written request from lessee, at their own expense, make all repairs to the foundations, exterior walls, roof and supporting members of the present brick building located on the demised premises when such repairs are made necessary by ordinary wear and tear, it being expressly understood, however, that there shall be no obligation of the lessors to make repairs to the foundations, exterior walls, roof or supporting members of the present brick building when the damage requiring such repairs is caused by lessee or its customers or other persons in connection with lessee's business.
"9. . . . If it (the building) shall be partially damaged by fire or other casualty without the fault or neglect of lessee it shall be repaired, restored or rehabilitated by and at the expense of lessors, and rent, until the untenantable portion is ready for occupancy by lessee, shall be apportioned according to the part which is usable by lessee, . . . ."
Defendant Yarnall-Todd Chevrolet, Inc. cites Cerny-Pickas & Co. v. C.R. Jahn Co., 7 Ill.2d 393, 131 N.E.2d 100, as controlling authority for the proposition that the lease involved here exonerated defendant from liability for occurrences such as the one which caused the damage to the building owned by plaintiffs and occupied by the defendant. In that case the Illinois Supreme Court was faced with the question whether the provisions of a lease exculpated the lessee from liability of loss caused by the negligence of the lessee. The relevant sections of that lease are as follows, Cerny-Pickas & Co. v. C.R. Jahn Co., supra, at p 395:
"2. . . . Lessee will keep said premises, including all appurtenances, in good repair, . . .; and upon the termination of this lease, in any way, will yield up said premises to Lessor in good condition and repair (loss by fire and ordinary wear excepted). . . . (Emphasis added.)
"8. Lessor shall not be obliged to incur any expense for repairing any improvements upon said demised premises or connected therewith save as in this clause provided, and the Lessee at his own expense will keep all improvements otherwise in good repair (injury by fire, or other causes beyond Lessee's control excepted). . . . (Emphasis added.)
"14. Lessor shall pay for fire insurance on the building and equipment and machinery hereby leased, and Lessee agrees to pay for any increase in fire insurance premium on such insurance policies, due to any increase in the insurance rate due to the nature of Lessee's business, or the manner of its conduct of the business."
In holding that the lease should be construed to exonerate the lessee from liability, the court paid particular attention to Section 2 of the lease where it was provided that the lessee was to "yield up said premises to lessor in good condition and repair (loss by fire and ordinary wear excepted)." In regard to this section the court said, at pp 396, 397:
"In the absence of any contrary expression in the lease, the lessee is not liable to the lessor for damages to the premises from fire which is not the result of his own negligence. (Tiffany, Landlord and Tenant, sec 111.) Therefore, unless this clause of the lease exempts the lessee from liability for loss by fire resulting from his own negligence, it does no more than restate the lessee's common-law obligation."
It is obvious that the court interpreted that section in the way that it did so as to give the section meaning. We are not faced with that problem in this case. The yield-back provision in the lease under consideration provides that the lessee return the premises in as good condition as when the lessee took possession, "ordinary wear and tear or damage by fire or other casualty beyond lessee's control excepted." The plain and obvious meaning of this section is that the lessee would continue to be liable for damages to the premises caused by its negligence or the negligence of its employees. Defendant contends that Section 8 of the lease in Cerny-Pickas is identical to the language we have just quoted from the lease in this case. While this is true we do not find the argument persuasive for the reasons that the two sections do not concern themselves with the same subject matter and that the court failed to consider or take notice of the language in Section 8 in its opinion.
Moreover, exculpatory clauses are to be strictly construed against the party they benefit. Jackson v. First Nat. Bank of Lake Forest, 415 Ill. 453, 114 N.E.2d 721; Valentin v. D.G. Swanson & Co., 25 Ill. App.2d 285, 167 N.E.2d 14. Beyond what we consider to be the clear meaning of the yield-back clause, the lease also contains other language which we feel supports the view that the intention of the parties was that the lessee should be responsible for damages to the premises caused by its negligence or the negligence of its employees. In Section 8 it is provided that the burden for making repairs when they are necessitated by the actions of the lessee are to fall upon it. And in Section 9, the lease provides that where the building is damaged by fire which is not the fault of the lessee, the lessor is to repair and restore the premises at the expense of the lessor. We feel that the logical inference to be drawn from this section is in accord with the provisions of Section 5 of the lease, the yield-back clause, namely that the lessee is to be responsible for damages caused by its actions or neglect.
In Cerny-Pickas & Co. v. C.R. Jahn Co., supra, the court also placed reliance on the fact that the lease in that case required the lessor to carry fire insurance on the property. The court construed this section when viewed in conjunction with the yield-back section of that lease (Section 2) to mean that the lessor should look solely to fire insurance, and not to the lessee for reimbursement of fire damage caused by the lessee's negligence. In contrast, the instrument here under consideration does not oblige the lessor to provide fire insurance, but merely provides that the lessee is to pay to the lessors any amount equal to the increase in the cost of any insurance coverage resulting from lessee's activities. In our opinion this section merely recognizes the right of each party to insure their interest. We have read the recent opinion in Belden Mfg. Co. v. Chicago Threaded Fasteners, 84 Ill. App.2d 336, 228 N.E.2d 532, which discusses the Cerny-Pickas case. We are of the opinion that the opinion in the Belden case is not applicable to the factual situation presented in the case at bar.
Taking the instrument as a whole it is our opinion that the parties did not intend to exculpate the lessee for fire damage caused by negligence of lessee.
For that reason the judgment of the trial court is reversed and the cause is remanded with directions to deny defendant's motion to dismiss, that defendant answer and for further proceedings not inconsistent with these views.
Judgment reversed and cause remanded with directions to deny defendant's motion to dismiss, that defendant answer and for other proceedings not inconsistent with this opinion.
LYONS, P.J. and BURKE, J., concur.
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Orlando Bloom and Miranda Kerr have a secret wedding in Los Angeles, according to a spokesperson.
Posts Tagged 'celebritywedding'
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Carrie Underwood chose Chantilly lace and silk organza Monique Lhuillier gown for her wedding on July 10.


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Sunnydale Hotel Blackpool: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Blackpool, United Kingdom.
Sunnydale Hotel Blackpool provides a comfortable setting while in Blackpool. It is conveniently located for those wanting to visit local attractions.
Hotel description
All rooms at the hotel are comfortable and include tea and coffee making facilities, heating and a private bathroom. A hair dryer, a shower and ironing facilities are also provided.
Sunnydale Hotel Blackpool provides a varied dining experience, which include restaurant and a bar. A variety of breakfast options are available in the hotel's dining room.
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There are many dog laws that some of you may not be aware of. Did you know that any dog three months of age or older must be tagged? Would you know what rights you had if someone else's dog was attacking your livestock? The Ohio Farm Bureau has an informational pamphlet with all the dog laws that you should know as a dog owner, and a land owner!! Click here to see more dog laws for Ohio
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Carnival Triumph Cruise Review by honolulumike: Triumph-NOT Successful or Victorious
Overall Member Rating
Triumph-NOT Successful or Victorious
Destination: Western Caribbean
Embarkation: Galveston
We had high hopes to have short cruise to Cozumel to celebrate our 41st. Our boarding was wonderful..... But wait.
First disappointment was minor mechanical problem that made ship late to arrive and even later to depart at 10pm. We were first told that our time in Cozumel would be cut short... I could live with that, but then a short time later, we were told we would be going to crummy dirty Progresso. NOT HAPPY.
During the trip, we found most of the staff to be less that friendly, with no happy smiling faces seeking to assist and make your cruise wonderful. I advised Customer Service that Library door hinge was broken and that no postings were provided to let vistors know how to get books, games and other materials. I was told this was posted somewhere in fine print in one of the back pages of a newsletter.
Open Seating for Breakfast and Lunch in the Dining Room was a joke. The lines were long and the hostess was slow and did not understand concept of More "OPEN SEATING". As Table Queen, she had to search her computer screen for a table and in most cases force you to sit where and who shes wanted you to sit with.
I object to this inflexible process and would demand my own personal private table to enjoy the meal.
We also experienced a heavy smell of raw sewage on the port side forward area on level 9.
The only part that we did enjoy and was similar to other ships of Carnival was the Room staff was great and the evening my time dining staff was great.
We WILL NOT ever go on Triumph again and may give second thought to future Carnival cruise again.
Mike and Karen Less
Published 12/30/12
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Cabin review: 8D9238 Balcony
Lido deck cabin 9238 was very nice, balcony and room comfortable.Read All Balcony (8D) Reviews >>
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Had a great time and yet...
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Group Booking Terms and Conditions
Because you are making a Group Booking, there are additional Terms and Conditions that apply. Please read them and click 'I Accept' below to continue with your booking
Hostel Specific Terms & Conditions
The remainder of the amount due will be charged to your credit card on arrival. Should numbers or room selection change, the per person deposit times the number of people who actually travelled will be deducted from the total accommodation charge levvied by the hostel.
Cancellation / No Show & Reduction in Numbers Policy
No Show will be charged x1 nt of there booking
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Please contact Hostel for all Airports Transfers and if arriving outside of business hours
The following group types are not accepted by this hostel: Junior / Primary School, Business Trip, Stag/Hen/Bachelor Party, Sports Group, Cultural Group If you have misrepresented the type of group you are booking for, your booking may be cancelled by the hostel.
Any cancellations resulting from agreement to these terms and conditions under false pretences will result in loss of deposit.
General Group Booking Terms
By making a group reservation through Hostelworld.com you agree to the following terms and conditions as set by Hostelworld.com and as set by the hostel in question.
- In order to make a group reservation on Hostelworld.com it is necessary to pay a deposit. The balance is due directly to the hostel according to their payment conditions.
- The booking deposit is non-refundable.
- Please note that any cancellations must be notified directly to the hostel at least 24 hours in advance of your scheduled arrival date, unless otherwise stated in the hostel's conditions.
- Hostelworld.com are not responsible for changes or amendments to your reservation once it has been processed. All correspondence with regard to changes to your booking need to be dealt with directly with the hostel.
- Cancellations for reservations must be made directly with the hostel and must conform with the individual hostels cancellation policy (see below)
- It is your responsibility to pay the balance of your accommodation cost to the hostel in accordance with their payment conditions (see below). Failure to do so may result in your reservation being cancelled by the hostel.
- Individual hostels may have special booking conditions relating to group stays, please read the hostel booking conditions carefully before making your reservation.
É necessario accettare i termini e condizioni per confermare la prenotazione.
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" Ho vissuto un mese in questo ostello ed è stata una bellissima esperienza! Il posto è accogliente, sicuro e, soprattutto, pulito! Le stanze sono grandi, così come le cucine e le aree comuni. Dopo un mese è come avere una piccola famiglia, alla fine ci si conosce tutti ma con un flusso di gente di qualsiasi età e, allo stesso tempo, rilassante. Assolutamente consigliato!! Grazie a Brian, Linda e a tutto lo staff! "- VGio21
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October 19, 2010
DOUGLAS GIBSON, HOLLY NOEL SHORTAL, EMERALD MAYANN GIBSON, AND AIDAN FORREST GIBSON, MINORS, BY AND THROUGH THEIR GUARDIAN AD LITEM, DOUGLAS GIBSON, PLAINTIFFS,v.FEDEX CORPORATION, UNITED STATES OF AMERICA, DEPARTMENT OF VETERANS AFFAIRS, DEFENDANTS.
Through this action, heirs of Decedent Noelle Ann Gibson ("Decedent"), Plaintiffs Douglas Gibson, Holly Noel Shortal, Emerald Mayann Gibson, and Aiden Forrest Gibson ("Plaintiffs"), bring suit for allegations of negligence and violations of federal law resulting in Decedent's death. They seek monetary damages from the United States of America ("Defendant") for claims brought under the Federal Tort Claims Act, 28 U.S.C. § 2817 et seq. (the "FTCA").
Because the Defendant claims sovereign immunity with regard to these claims, it moves to dismiss Plaintiffs' First Amended Complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).*fn1 Defendant also moves to dismiss for failure to state a claim upon which relief may be granted under Rule 12(b)(6). For the reasons set forth below, the Court denies Defendant's Motion to Dismiss under Rule 12(b)(1), and grants their Motion to Dismiss under Rule 12(b)(6).*fn2
This is a claim for negligence and damages from the Defendant's alleged violations of the Federal Tort Claims Act. On or about August 18, 2007, Plaintiffs' Decedent, Noelle Ann Gibson, allegedly died from an overdose of Hydrocodone. Plaintiffs allege that through Defendant's negligence and statutory violations, Decedent improperly obtained possession of a Hydrocodone prescription, which allegedly led to her untimely death.
On July 20, 2007, Defendant's agent, Hines Consolidated Mail Order Pharmacy (hereinafter CMOP), shipped a prescription of Hydrocodone to Albert E. Madkins at his residential address.
Mr. Madkins was the intended recipient of the prescription.
Decedent was never Mr. Madkins' agent and Mr. Madkins is not a party in this action. Nearly one month later, on August 18, 2007, the Decedent ingested Hydrocodone, overdosed, and died.
Plaintiffs brought suit against FedEx Corp. ("FedEx"), the United States, and the Department of Veterans Affairs for negligence, violating federal law, and failing to ensure that the prescription was delivered solely to its intended recipient. FedEx filed a Motion to Dismiss the Complaint Pursuant to Rule 12(b)(6) (ECF No. 11) which was granted by this Court. (ECF No. 16.) The Department of Veteran Affairs filed a Motion to Dismiss Improper Defendant under 26 U.S.C. § 2679(d)(1) (ECF No. 24) which was granted. (ECF No. 28.) The actions against FedEx and the Department of Veteran Affairs now terminated, the remaining Defendant moves to dismiss Plaintiffs' First Amended Complaint ("FAC") under Rules 12(b)(1) and 12(b)(6). (ECF No. 29.)
A. Motion to Dismiss Under Rule 12(b)(1)
Rule 12(b)(1) permits the dismissal of a civil matter if a party can establish that the court lacks subject matter jurisdiction over the claim. Since federal courts are presumptively without jurisdiction over civil actions, the burden of establishing jurisdiction rests upon the party asserting jurisdiction.
See Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987) (explaining that either diversity of citizenship or a federal question is required for federal court to assert subject matter jurisdiction over a case); Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (the burden of establishing federal jurisdiction lies upon the party asserting jurisdiction). The "objection that a federal court lacks subject-matter jurisdiction [under] Fed. Rule Civ. Proc. 12(b)(1), may be raised by a party, or by a court on its own initiative, at any stage in the litigation, even after trial and the entry of judgment." Arbaugh v. Y & H Corp., 546 U.S. 500, 506 (2006). "Nothing is to be more jealously guarded by a court than its jurisdiction." In re Mooney, 841 F.2d. 1003, 1006 (9th Cir. 1988) (overruled on other grounds by Partington v. Gedan, 923 F.2d 686 (9th Cir. 1991)). Subject matter jurisdiction requirements can never be forfeited or waived. United States v. Cotton, 535 U.S. 625, 630 (2002).
In moving to dismiss for lack of subject matter jurisdiction, the challenging party may either make a "facial attack" on the allegations contained in the complaint, or take issue with subject matter jurisdiction on a factual basis ("factual attack"). Thornhill Publ'g Co. v. Gen. Tel. & Elect. Corp., 594 F.2d 730, 733 (9th Cir. 1979); Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884, 891 (3d Cir. 1977). If the motion constitutes a facial attack, the court must consider the factual allegations of the complaint to be true. Williamson v. Tucker, 645 F.2d 404, 412 (5th Cir. 1981); Mortensen, 549 F.2d at 891.
In a factual attack, however, "no presumptive truthfulness attaches to plaintiff's allegations, and the existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims." Thornhill, 594 F.2d at 733 (quoting Mortensen, 549 F.2d at 891).
B. Motion to Dismiss under Rule 12(b)(6)
A party may seek dismissal of a claim if the pleadings are insufficient because they fail to state a claim upon which relief may be granted. On a motion to dismiss for failure to state a claim under Rule 12(b)(6), "all allegations of material fact must be accepted as true and construed in the light most favorable to the nonmoving party." Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir. 1996). Rule 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 upon which it rests." Conley v. Gibson, 355 U.S. 41, 47 (1957).
Although "a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal citations and quotations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level."
Id. (citing 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216 (3d ed. 2004) ("[T]he pleading must contain something more...than...a statement of facts that merely creates a suspicion [of] a legally cognizable right of action."). If the "plaintiffs...have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed." Twombly, 550 U.S. at 570.
Once the court grants a motion to dismiss, they must then decide whether to grant a plaintiff leave to amend. Rule 15(a) authorizes the court to freely grant leave to amend when there is no "undue delay, bad faith, or dilatory motive on the part of the movant." Foman v. Davis, 371 U.S. 178, 182 (1962). In fact, leave to amend is generally only denied when it is clear that the deficiencies of the complaint cannot possibly be cured by an amended version. See DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992); Balistieri v. Pacifica Police Dept., 901 F. 2d 696, 699 (9th Cir. 1990) ("A complaint should not be dismissed under Rule 12(b)(6) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim would entitle him to relief.") (internal citations omitted).
Plaintiffs allege negligence and violations of the FTCA, and seek monetary relief from the Defendant. The issues before the Court are (1) whether it lacks subject matter jurisdiction over the claim pursuant to Rule 12(b)(1); and (2) whether the Court should dismiss the claim under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.
A. Motion to Dismiss for Lack of Subject Matter Jurisdiction
The United States is insulated from suit by federal sovereign immunity, unless expressly waived by Congress. Robinson v. United States, 586 F.3d 683, 685 (9th Cir. 2009) (quoting Block v. North Dakota, 461 U.S. 273, 280 (1983)). The FTCA "waives the United States' sovereign immunity 'in a defined category of cases involving negligence committed by federal employees in the course of their employment.'" Alvarado v. Table Mountain Rancheria, 509 F.3d 1008, 1018-19 (9th Cir. 2007) (quoting Dolan v. U.S. Postal Serv., 546 U.S. 481, 484 (2006)). The Act provides that government can be subject to suit "in the same manner and to the same extent as a private individual under like circumstances." 28 U.S.C. § 2674.
Defendant argues that this Court lacks subject matter jurisdiction because the federal government has not waived its sovereign immunity. (Def.'s Mot. To Dismiss at 3.) In support of this argument, Defendant contends that Plaintiffs have not alleged any negligent act or omission by a federal employee.
(Id. at 4.) Plaintiffs' Opposition cites various provisions of the California Business and Professions Code as support that a private pharmacy would be liable in this instance, thus the government is subject to suit. (Pls.' Opp'n 4.)
The Ninth Circuit has held that "where the jurisdictional issue and substantive issues are so intertwined that the question of jurisdiction is dependent on the resolution of factual issues going to the merits, the jurisdictional determination should await a determination of the relevant facts on either a motion going to the merits or at trial." Augustine v. United States, 704 F.2d 1074, 1077 (9th Cir. 1983) (citing Thornhill, 594 F.2d at 733-35). See also Autery v. United States, 424 F.3d 944, 956 (9th Cir. 2005).
In the case at hand, the parties dispute many of the material jurisdictional facts. Defendant asserts that Plaintiffs have not alleged sufficient facts to show that Defendant is responsible for the alleged misdelivery of the Hydrocodone prescription. (Def.'s Mem. 4-5.) Defendant's objections to Plaintiffs' claims cut to the merits of Plaintiffs' complaint and are better addressed through a Rule 12(b)(6) motion, as discussed below. Therefore, Defendant's Motion to Dismiss for lack of subject matter jurisdiction is denied without prejudice.
B. Motion to Dismiss for Failure to State a Claim
1. Negligence Cause of Action
Plaintiffs allege that Defendant, through its agent, CMOP, negligently shipped a prescription of Hydrocodone to Decedent who was not the intended recipient thereby causing Decedent's death. (FAC ¶¶ 12-15.) Wrongful death is "a statutorily created cause of action" that permits heirs to recover pecuniary losses from someone who, through a negligent or wrongful act, caused decedent's death. Jacoves v. United Merch. Corp., 9 Cal. App. 4th 88, 105 (1992). Negligence "involves the violation of a legal duty, imposed by statute, contract, or otherwise, by the defendant to the person injured," i.e., the deceased in a wrongful death action. Nally v. Grace Cmty. Church, 47 Cal. 3d 278, 292 (1988).
In any action for wrongful death resulting from negligence, the complaint must contain allegations as to all the elements of actionable negligence. Twombly, 550 U.S. at 562. A plaintiff must allege: (1) the defendant had a legal duty to use due care; (2) the defendant breached such legal duty; (3) the defendant's breach was the proximate or legal cause of the resulting injury; and (4) damage to the plaintiff. Ladd v. County of San Mateo, 12 Cal. 4th 913, 917 (1996). The existence of a defendant's legal duty is a question of law to be determined by the court. Ky. Fried Chicken of Cal., Inc. v. Superior Court, 14 Cal. 4th 814, 819 (1997); Isaacs v. Huntington Mem'l Hosp., 38 Cal. 3d 112, 124 (1985).
When not provided by statute, the existence of such a duty "depends upon the foreseeability of the risk and a weighing of policy considerations for and against the imposition of liability." Jacoves, 9 Cal. App. 4th at 107.
Plaintiffs assert that Defendant "owed plaintiffs and plaintiffs' Decedent a duty not to engage in any conduct that would cause an injury to another. In addition, defendant owed plaintiffs and plaintiffs' decedent a duty not to deliver a controlled substance to anyone other than the intended recipient pursuant to" various sections of the California Business and Professions Code. (FAC ¶ 13) While Plaintiffs have cited in their complaint a statute as requested by this Court in its previous Order (See ECF No. 28 at 9), they do not allege which specific statute creates either a duty or a special relationship that would give rise to a duty between a pharmacy and a third party.*fn3 Plaintiffs also do not allege specific facts regarding how Defendant's actions violated an applicable statute section.
In its Opposition to Defendant's Motion to Dismiss the Complaint, Plaintiffs provide no facts to satisfy its burden under Rule 12(b)(6).*fn4 Thus, in order for such a duty to exist, Plaintiffs must allege that Defendant's actions created a foreseeable risk of harm to Decedent.
Plaintiffs do not allege any behavior on the part of Defendant that would indicate the creation of a foreseeable risk. They also fail to allege how a pharmacy, whose employees are not present at the time of the delivery, owes a duty to a third party for the misdelivery of a package containing prescription drugs. There is no factual allegation that Defendant knew or should have known that a third party would open the package and misuse its contents. Accordingly, Defendant's Motion to Dismiss is granted with leave to amend.
2. Violation of Federal Law
Plaintiffs' second claim alleges that Defendant violated 21 U.S.C. § 801 et seq., and 21 U.S.C. § 812 by failing to ensure that the Hydrocodone "was delivered solely and only to the intended patient," and by "not prohibiting the delivery of said prescription to plaintiffs' decedent." (FAC ¶¶ 20-21.)
While a complaint need not identify the statutory source of the claim raised in order to survive a motion to dismiss, the facts alleged must provide "fair notice" of the claim. Alvarez v. Hill, 518 F.3d 1152, 1157 (9th Cir. 2008) (quoting Twombly, 550 U.S. at 545). The "factual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 545, 555. Plaintiffs' mere conclusion that Defendant has violated a federal statute does not meet the Twombly standard.
Plaintiffs have failed to allege specific statute violations or facts regarding how Defendant's actions violated the applicable statutes. Even after accepting all well-pled accusations as true, Plaintiffs have not stated a claim upon which relief can be granted. Accordingly, Defendant's Motion to Dismiss is granted with leave to amend.
Based on the foregoing, Defendants' Motion to Dismiss (ECF No. 24) is DENIED as to Rule 12(b)(1), and is GRANTED with leave to amend as to Rule 12(b)(6). Plaintiffs may file an amended complaint not later than twenty (20) days after this Memorandum and Order is filed electronically.
If no amended complaint is filed within said twenty (20)-day period, the Court will dismiss Plaintiffs' claims without further notice and without leave to amend.
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Alan's Story
Alan is our senior director of advocacy, lives in Castle Rock, Colorado, and has served World Orphans since 2007. His wife is a volunteer advocate with World Orphans, and together they have four adult children and two granddaughters. He has a teaching degree in secondary education but spent his corporate career in the Automotive Aftermarket Industry in sales and marketing as a national account manager for a Fortune 500 Company. Now, he recruits, teaches, trains, encourages, and engages people into Kingdom-building work to care for and about orphaned and abandoned children. He enjoys the diversity of his role, as he is involved in every aspect of the ministry. He is well-traveled, having been to Burundi, China, Ethiopia, Haiti, India, Iraq, Kenya, Rwanda, and Uganda. In his personal time, Alan is totally nuts about bicycling, snow skiing, hiking, cooking, and hanging out with family and friends.


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1. "The Canyons" was written by Bret Easton Ellis.
He's the same writer behind the popular books, American Psycho, Less Than Zero, The Rules of Attraction, and has garnered attention over his controversial comments on Twitter.
2. It's not "The Hills."
Unlike the MTV faux-reality series, "the film will follow a small group of Los Angeles twenty-somethings, in a psycho-sexual thriller that will have both crime and redemption elements."
3. It has five lead roles.
They are:
1. Christian, a trust fund kid, power player and major manipulator, who is a film producer that enjoys filming his own three-way sex sessions;
2. Tara, his girlfriend and former model;
3. Ryan, a bartender and young actor who is angling for a role in Christian's horror movie;
4. Gina, who works for Ryan and is in love with him and is also looking for a role in the horror pic;
5. Lindsay, a former actress turned yoga instructor who is sleeping with Christian, and falling in love with him.
4. One of them is Lindsay Lohan.
Late Monday evening, Bret Easton Ellis tweeted that Lindsay Lohan had been cast. Of course, this has yet to be confirmed by her publicist or anyone else involved in the production.
5. If she's not in jail.
But her involvement could be derailed by her recent car accident during which she reportedly lied to the cops about her involvement. If that's the case, she'll likely end up in jail before she can start filming and it could affect her work on Liz & Dick.
6. The other lead is a porn star.
James Deen has been featured in over 1,000 pornographic films and has earned rave reviews for going against the typical look of male porn stars and for being a porn star for women. Mr. Ellis has stated that Deen's role will involve "full frontal naked banging [of] girls and guys."
7. It will be directed by Paul Schrader.
He's the same man who wrote Taxi Driver and Raging Bull and also directed American Gigolo.
8. The film will partially be funded by you.
Mr. Ellis and Mr. Schrader started a Kickstarter campaign to help fund the film. Rewards for your money include signed copies of the DVD, coffee with the producers, invitations to the premiere and gym session with Mr. Ellis.
9. This poster is one of the rewards.
It was designed for the project by Peter Stults.
10. The film will shoot this summer.
Mark your calendars: From July 9 to July 31, Ms. Lohan and Mr. Deen will likely be traipsing around Los Angeles.
Check out more articles on BuzzFeed.com!
- The Dakota Access Pipeline will no longer cross under a river near the Standing Rock Sioux reservation, a major victory for protesters.
- The death toll from Oakland's warehouse party fire has risen to 33. "We're expecting the worst and hoping for the best," officials said Sunday.
- An anti-establishment wave has prompted Italian Prime Minister Matteo Renzi to resign after losing a constitutional referendum.
- A woman clapped back at her anti-gay neighbor using festive rainbow Christmas lights 🎄👏


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VA Assistant Store Manager
Family Dollar
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MEMC Electronic Materials (WFR) is expected to report Q4 earnings after the market close on Tuesday, February 1, with a conference call scheduled for 5:30 pm ET.
The consensus estimate is 34c for EPS and $900.96M for revenue, according to First Call. On the company's last earnings call management suspended its 2010 EPS guidance due to the complexity and uncertainty surrounding the timing of GAAP profit recognition related to the Rovigo sale and other SunEdison direct sale project transactions. Management did say that for Q4 they expect strong revenue performance, the successful completion of Rovigo funding and positive free cash flow.
Analyst Views
Citgroup says that while consensus numbers are still transitioning from GAAP to non-GAAP, they think the Street is under-modeling both revenue and EPS. Citigroup sees non-GAAP EPS of 41c on $1.07B in revenue. Of this Citigroup sees semiconductor revenue $255M, solar revenue $236M on 295MW of wafer sales, and SunEdison revenue $580M on 120MW of wafer sales. Citigroup believes their forecast to be in-line with guidance. Looking to Q1, Citigroup sees non-GAAP EPS 24c on $770M in revenue, above consensus of 16c on $595.97M. Of this, Citigroup sees semi revenue $240M, down slightly but conservative, solar $260M on 330MW of wafer sales, and $270M SunEdison revenue on 70MW of total project volume. While it's very hard to predict timing on SunEdison revenue, Citgroup estimates base EPS excluding SunEdison of about 10c. Key issues for the conference call: More details on the SunEdison model regarding seasonality, 2011 volumes, and geographic exposure to high-risk regions like Italy. Also, any potential changes to disclosure resulting from the appointment of a new CFO, and details on the pace of captive wafering build-out in Kuching which should ultimately cut wafering costs from $0.50/W to potentially as low as $0.20/W.


text: // Encyclopedia Search Encyclopedia A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 0-9 MISC Definition of: unjailbreak unjailbreak To restore factory defaults to a jailbroken device. See jailbreaking. < Back to List ∧Top Copyright © 1981- 2016 The Computer Language Company Inc. All rights reserved. THESE COPYRIGHTED DEFINITIONS ARE FOR PERSONAL USE ONLY. All other reproduction is strictly prohibited without permission from the publisher. //Most Popular Articles Tech on a Budget: 20 Gift Ideas Under $20 5 Things I Learned From Neil deGrasse Tyson The Hottest Tech Toys for Kids 5 Games You'll Want to Buy in December Great Gifts for Cord Cutters Snapchat Spectacles: Everything You Need to Know »See More //Discover... The Biggest Software Flops of All Time The Eerie World of Abandoned Arcade Games TV Shows to Watch if You Love 'Stranger Things' »See More


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Vegan French Toast
This easy vegan french toast calls for only 5 ingredients! And it's still crispy, sweet and golden-brown. Perfect for Sunday brunch, or my favorite - breakfast for dinner! | @TheFoodieDietitian
Vegan french toast that requires just 6 ingredients and 30 minutes. All natural, wholesome and remarkably close to the original.
Eggless vegan french toast made possible (and delicious) with nutritional yeast // Live Eat Learn
This Healthy VEGAN Cinnamon French Toast is the perfect healthy weekend breakfast! It's soft, flavorful and really easy! / TwoRaspberries.com
Coconut Banana Vegan French Toast! What a way to start your morning! Perfect for brunch. Get the recipe here: http://itdoesnttastelikechicken.com/2013/07/07/vegan-french-toast/
Ultimate Vegan French Toast - with coconut and almond milk, mashed banana, flaxseed, cinnamon and vanilla.
To begin with, when a person decides to become a vegan they usually lose weight quiet quickly. The reason for this has to do with fiber. When eating food types that are rich in fiber, the fiber sweeps out the area of the intestines which gets rid of...
Vegan Pumpkin French Toast | The Viet Vegan | Warm up on fall mornings with this pumpkin french toast!
5 Ingredient VEGAN Banana French Toast! #vegan
vegan-french-toast http://veryveganrecipes.com/vegan-french-toast-recipe/


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Does this attraction involve animals?
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Do you find this activity to be relaxing and peaceful?
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Is this attraction good for couples?
Thanks for helping!
It's a green open area on banks of River Hooghly in Kolkata, referred as "lungs of Kolkata". It's located on side of A. J. C. Bose Road opposite to S. S. K. M. Hospital gate and...
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If you are in Kolkata and want fresh air in morning then this you place..here you can play outdoor game..many exhibition organize here
It's a green open area on banks of River Hooghly in Kolkata, referred as "lungs of Kolkata". It's located on side of A. J. C. Bose Road opposite to S. S. K. M. Hospital gate and stretch to Dalhousie square tram depot. near Dharmatatala crossing. Originally it was a dense forest of Royal Bengal Tigers on the outskirts of Chowringhee...
Previously Kolkata book fair was held here. Under armed forces authority. Well maintained and a lot of activity is always going on. photographers delight.
I went there with one speculation that we have in Bangla (Poket gorer math) and literally it was right, it is a huge empty field. only a few street children was playing.
a nice place to visit any any time during the day. have a walk or a horse card ride or tram. romantic place, you can sit and read the book or walk or chit chat....
Known for horse cart ride around the Maidan, this is kind of must visit for first timers to Kolkata. A bubbling evening venue for youngster and all alike. The Maidan itself is free for all play ground. Football, cricket, take your pick and head that way. This is also one of the places where many of political party rallies head...
Locality of Maidan is surrounding by Victoria Memorial. It have a huge park/ground. Its a very romantic place as in the late evening or night you will find couples enjoying their life and living it fullest. The one can get good and variety of street food. Hawkers roam here and there with special food of kolkata "jhalmoori and puchka". Also,...
Relive the British Era in a modern way. To take a Tonga ride around and see the marvels of the city.
The locality surrounding Victoria Memorial comprises of extensive lawns known as 'The Maidan'. You'll get good street food here. It's also one of those places where you'll find people of all ages either exercising or playing a sport in the morning.
It will steal your heart at any time of the day but undoubtedly the best time to be at The Maidan is at twilight. Older folk walking or sitting leisurely around, youngsters and couples lost in their own world and enthusiastic hawkers tempting one and all with jhalmoori and puchkas with cold drinks and icecream carts around - you cannot...
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catgirl1212 Review
Good, simple desk.
I needed a simple, solid, white desk for a corner of my den. I didn't want it to stand out too much, or be too bulky. Since the walls are white, I wanted it to blend in and almost be a part of the wall. This desk fit the bill. It's large enough to have a flat screen monitor, laptop, and still some surface space for writing and even a vase or two to make it pretty. I might get another one for my daughter's bedroom. Good price, too. Much better than some of the other desks on this site and other external sites. Oh, one caveat, the drawers are super slim, so don't plan to use this desk for major storage.
- How did the color on site compare with the actual product? Good
- Please tell us about the quality of the product. Good. Easy to assemble. Sturdy.
- How accurate was the on site description of the product? Good
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June 24, 2013
Betts Company, Fresno, Calif., has hired Bob Herold as vice president of sales. Herold is responsible for all sales activities at Betts Company's two manufacturing divisions, BettsHD and Betts Spring Manufacturing.Most recently Herold was vice president of product development and sales at Trail-Gear Inc., a manufacturer of off-road equipment. At Trail-Gear he managed the sales, marketing and engineering departments for the company. Prior to that assignment he was senior director of field services for 3VR Security Inc. and spent 15 years at Pelco Manufacturing in a variety of roles.
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The expert, Shawn Whitacre from Chevron Delo, will answer your questions
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We love the fact that there are ceiling fans in the rooms . Just like being at home with much less clutter. The fridge did not get that cold and they do not like coolers. I guess the location , close to the ball park and excess alcohol. They are not cooler friendly.
Newly re done Stayed there before and did not like then
Great clean ambience, nice amenities
This guest did not leave comments about this hotel.
Excellent location downtown, close to the rail, Minute Maid, and Discovery Green Park. The front desk lady was quite rude and maybe even discriminatory. Otherwise, the experience was wonderful.
This guest did not leave comments about this hotel.
Awesome hotel I wish I could pick them everytime No snack Machines
Good location close to George R Brown Parking is about $35 (with tax) per day and the shuttle is seldom available.
This guest did not leave comments about this hotel.
The staff was incredibly friendly and the desk chair was really comfortable. Non-valet parking options were difficult to find.
Location Staff were just plain rude
Top-quality everything: fixtures, staff, amenities Valet is $$$
The showers. Room overall was nice. Everything was enjoyable. That their is no self park. U have no choice but to pay $30 plus tax for valet a day.
We enjoyed the proximity to Minute Maid park, the short walks to most downtown destinations and the hotel bar No microwaves in the rooms


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ProQuest's Standing Order service leads the way in flexibility and control. Standing Orders are fully transparent in OASIS®, our comprehensive collection development and ordering tool, and sophisticated technology drives the management of complex customer requirements. Our expert Standing Order team monitors each publisher and series to ensure every volume meets your requirements and delivers on time.
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The North Face Recon Backpack
The North Face Recon Backpack allows you to stay organized while navigating from point A to B with the 31-liter Recon daypack that features a redesigned suspension system for all-day comfort, a 15" laptop sleeve in the main compartment and a tablet sleeve in the front compartment. A hydration port and two stretch-mesh water bottle pockets make it easy to stay hydrated when you're on the go. A stretch-front stash pocket allows you to carry a helmet, soccer ball or stash extra gear on the exterior.
- Tech Specs
- Style: CE81 Fabric: 420D nylon, 600D polyester print, 300D mini-ripstop,1680D ballistics nylon Avg Weight: 2 lbs 10 oz (1182 g) Volume: 1770 in3 (29 liters) Dimensions:19" x 13" x 11.5" (48 cm x 33 cm x 29 cm)
- Features
- Iconic 31-liter backpack updated with a stretch front stash pocket and improved organization The FlexVent™ suspension system boasts custom injection-molded shoulder straps and a padded mesh back panel with a spine channel for maximum support and ventilation Padded, fleece-lined 15" laptop sleeve in main compartment protects laptop from bumps and falls Padded, fleece-lined tablet sleeve located in the front compartment for quick access Front stash pocket with stretch side panels for additional volume Secondary compartment has internal organization with a fleece-lined media pocket, secure zippered pocket and elastic webbing for cord management 360 degree reflective bike-light loop, water bottle tabs and shoulder strap webbing External fleece-lined pocket for sunglasses or electronics Two water bottle pockets made with stretch mesh offer the ability to conceal contents Comfortable, padded top haul handle Sternum strap with whistle buckle Removable waist belt
- Brand
- The North Face
- Age
- Adult
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- Female Male
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text: Hello, I am currently planning the install of my first home cinema. I've done all the maths involving the room size, throw distances and screen size, and have now purchased an Infocus 4805 and a Sapphire SEWS180WSF screen. All good so far. I'm in a new-build house, and luckily they have provided us with a 'family room', which is just the right size . I have already fitted a Panny 42pwd7 in the living room, and have put all the cabling required between the living room and family room, and am now ready to do the main install in the next month. So I'm fairly knowledgeable about how the house is put together, and know enough DIY to complete the job. Unfortunately, this is where I run out of talent. So, what I'm trying to find out is the process I should go through to actually install. My concern is doing things right to install the screen, put the projector on the ceiling correctly, and line everything up. It occurs to me that if the projector isn't aligned perpendicular to the middle of the screen, there will be variable focus across the screen. I would also like to make sure that at installation the PJ can be set to the middle of its zoom to fill the screen. Anybody who has done this sort of installation want to share their experiences? Many thanks


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Kangaroos hold off fast-finishing Kiwis
Australia have all but secured their spot in the Four Nations final after beating a fast-finishing New Zealand 14-8 at Coventry's Ricoh Arena.
The Kangaroos were simply irresistible at times in the opening 30 minutes and their 10-0 lead at halftime, thanks to tries from Blake Ferguson and Johnathan Thurston was not a fair reflection of their dominance.
However, the Kiwis were much improved after the break, holding the Kangaroos to a pair of Johnathan Thurston penalties in the second stanza and scoring two tries through Solomone Kata and Jordan Rapana but were unable to pull off a grandstand finish.
Ferguson opened the scoring after five minutes, putting the finishing touches to a sweeping move by hauling in a superb pass from Michael Morgan.
Morgan and Ferguson were also involved in the Kangaroos' second four-pointer with Johnathan Thurston barging through two Kiwi tackles to cross four minutes later and then convert his own try.
Greg Inglis, who earlier produced a bone-jarring tackle on Rapana then tormented the winger further by preventing a certain try with an ankle tap after he'd intercepted a Darius Boyd pass
Justin O'Neill went close to extending Australia's advantage, only to be denied by the desperate New Zealand defence with Adam Blair holding up his former Melbourne teammate.
Kata dived over nine minutes after the restart but Johnson failed to convert with Thurston punishing some ill-discipline from the Kiwis by drilling home two penalties.
Some magic from Johnson set Rapana up for a late four-pointer, with the halfback gathering his own kick and spreading the ball wide for the Canberra winger to score.
Johnson thought he had scored in the final seconds, but the video referee rightly adjudged that he had not grounded the ball.
There could also be some injury concerns for the Kangaroos with Thurston looking to have picked up a knee injury after running into Jordan Kahu five minutes from time.
Meninga said the performance was more impressive than the win in Perth last month but gave credit to the tenacity of the Kiwis.
"We were fairly dominant but couldn't put them away," Meninga said.
"They kept coming up with special efforts fair play to them.
"It was a bit scary at the end but we did enough to put them away.
"It was better than Perth, it was better executed and defensively we were good for most of the game."
Meninga also confirmed that Thurston should be fit to face England next week.
"He's a bit sore, a bit weary, but he'll be right for next week," he said.
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Trump, CIA on collision course over RussiaThe Washington Post


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Constructed with leather wrapped frame the Miso mirror features clean lines and modern classic style. Refresh your room with a beautiful and elegant design!
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Give a balanced and sophisticated look to your home with mirrors and vanities. Made of stainless steel with unique designs or with wooden frames from pale woods to darker and rich tones, they are made of high-quality materials to remain a part of your decor for years. Whether you prefer the grace of mid century style or the urban look of modern mirrors, we have what your room needs. They create an illusion of a large space and bring more light into a room and you will enjoy the new look of your home!


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I recently bought used Honda Civic 2009 Prosmatec, the spark plugs need to be changed, can I use normal sparkplugs by NGK instead of Irudim plugs? as Iridium plugs cost alot, and i have to sale this car in the near future. need your suggestion guys.
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