text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
January 10, 2011
ROBERTO MEDRANO AND ALBERTO LANDA, PLAINTIFFS,v.GENCO SUPPLY CHAIN SOLUTIONS AKA GENCO DISTRIBUTION SYSTEMS AND GENCO, INC.; RICHARD HAMLIN; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.
FINDINGS AND RECOMMENDATIONS THAT THE CLAIM AGAINST DEFENDANT HAMLIN BE DISMISSED AND THAT PLAINTIFFS' MOTION FOR REMAND BE DENIED OBJECTIONS DUE: 20 days
(Docket No. 8)
A. Procedural Background
On July 9, 2010, Plaintiffs Robert Medrano ("Medrano") and Albert Landa ("Landa") (collectively "Plaintiffs") filed a complaint in Fresno Superior Court against Genco I, Inc. ("Genco") (erroneously sued as "Genco Supply Chain Solutions"), and Richard Hamlin ("Hamlin"), the Facility Manager*fn1 at Genco (collectively "Defendants"), alleging various violations of the California Fair Employment and Housing Act ("FEHA"), codified at California Government Code § 12000, et. seq.*fn2
Although service of process is disputed in this case, a proof of service as to Richard Hamlin reflects that he was served on July 27, 2010, by substitute service pursuant to California law. (Doc. 18, 4-6.) Genco asserts in its removal papers that it was served on July 28, 2010 (Doc. 1, ¶ 3 ("Genco I, Inc. was served on July 28, 2010"), but states in its opposition papers that it has never been served with process (Doc. 15, ¶ 18:3 ("Genco has not been served with process")).*fn3
On August 26, 2010, Genco filed an Answer to the complaint in the Fresno County Superior Court. On August 27, 2010, Genco filed a Notice of Removal. (Doc. 1.) Hamlin did not join in the removal, but instead filed a declaration stating that he had not yet been served in the matter. (Doc. 1-8, ¶ 2.) Genco asserted in its removal that Hamlin was a fraudulent defendant and that his citizenship must be disregarded for purposes of assessing removal jurisdiction. (Doc. 1, ¶ 11.)
On September 24, 2010, Plaintiffs filed a Motion to Remand the case to state court. (Doc. 8.) A hearing was held on December 15, 2010, regarding Plaintiffs' motion, which is currently pending before the Court.
B. Factual Background
Plaintiffs' complaint states six causes of action. The only cause of action against Defendant Hamlin is one for hostile work environment sexual harassment under FEHA asserted by only Plaintiff Medrano.*fn4 Medrano alleges that Hamlin subjected him to "third party visual and physical sexual harassment." (Complaint ("Compl.") ¶¶ 13, 54.) This "harassment was daily,"*fn5 and Medrano provides two examples of the complained of conduct as follows:
54. Defendant Hamlin created a hostile work environment by subjecting [Medrano] to third party visual and physical sexual harassment. For example, on one occasion in approximately December 2008, a female employee (in Medrano's presence) asked Defendant Hamlin if he was going to get some donuts, and said that she liked the ones with jelly. Defendant Hamlin responded, "Oh yes, I like to suck the jelly out of donuts," as he made a sexual expression with his tongue.
55. As a second example, Defendant Hamlin sexually harassed Plaintiff Medrano's wife and stepdaughter, who were Genco employees, by, for example, making sexual advances towards Medrano's wife, including, for example, rubbing his body against hers and staring at her breasts.
(Doc. 1-1, ¶¶ 54-55.) Medrano contends that he complained to Genco's managers between April 2008 and December 2008 about the sexual discrimination and the sexual harassment "against himself, his wife, and his daughter." (Compl. ¶¶15, 56.) "Despite [Medrano's] complaints, the sexual harassment and sex discrimination continued." (Compl. ¶¶ 16, 57.) When Genco and Hamlin learned of Medrano's "complaints of sex discrimination and sexual harassment, they took action to terminate [Medrano's] employment." (Compl. ¶¶ 16, 57.) Ultimately, Medrano's employment was terminated on February 16, 2009. (Compl. ¶¶ 20, 61.)
A. Legal Standard -- Remand
"A defendant may remove an action to federal court based on federal question jurisdiction or diversity jurisdiction." Hunter v. Philip Morris USA, 582 F.3d 1039, 1042 (9th Cir. 2009) (citing 28 U.S.C. § 1441). It is presumed, however, "that a cause lies outside [the] limited jurisdiction [of the federal courts] and the burden of establishing the contrary rests upon the party asserting jurisdiction." Id. (internal quotation marks omitted).
"Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992) (per curiam). The defendant always bears the burden of establishing that removal is proper, and the court "resolves all ambiguity in favor of remand." Hunter, 582 F.3d at 1042.
The propriety of removal requires the consideration of whether the district court has original jurisdiction of the action, i.e., whether the case could have originally been filed in federal court based on a federal question, diversity of citizenship, or another statutory grant of jurisdiction. See Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). If the case is within the original jurisdiction of the district court, removal is proper so long as the defendant complied with the procedural requirements set forth in 28 U.S.C. § 1446. If the case is not within the original jurisdiction of the district court, removal is improper. The absence of subject matter jurisdiction is not waivable by the parties. See Am. Fire & Cas. Co. v. Finn, 341 U.S. 6 (1951).
Federal district courts have original jurisdiction over cases where there is complete diversity of citizenship, i.e., between citizens of different states. See 28 U.S.C. § 1332(a). Further, a defendant may remove an action to federal court under Section 1332 provided no defendant is a citizen of the same state in which the action was brought. See id. § 1441(a), (b). An exception to the requirement for complete diversity exists, however, when a non-diverse defendant has been fraudulently joined for the purpose of defeating diversity jurisdiction. McCabe v. Gen. Foods Corp., 811 F.2d 1336, 1339 (9th Cir. 1987). In that case, the district court may disregard a non-diverse party named in the state court complaint and retain jurisdiction if joinder of the non-diverse party is a sham or fraudulent.
B. Contentions of the Parties
Plaintiffs assert that Medrano's hostile work environment sexual harassment claim against Hamlin in his individual capacity is viable and he is, therefore, not a sham defendant. As Hamlin is a California resident, his presence in the lawsuit destroys diversity and deprives the Court of jurisdiction. (Doc. 8-1, Plaintiffs' Motion for Remand, 6:24 - 10:12.) Plaintiffs contend, therefore, that remand to Fresno County Superior Court is required. Moreover, Plaintiffs aver that procedural defects in Genco's removal are fatal and dictate remand even if Hamlin's joinder is improper. (Doc. 8-1, 4:16 - 6:22.)
Genco maintains that Medrano's sexual harassment claim against Hamlin is not viable because Medrano (a man) is not a member of the protected class at whom Hamlin's harassing conduct was allegedly directed (women). Medrano, therefore, is a bystander who cannot satisfy the elements of a hostile work environment claim and lacks adequate standing. Accordingly, Genco asserts that no viable cause of action is stated against Hamlin, he must be dismissed as a fraudulent or sham defendant, and his presence (importantly, his California citizenship) is to be disregarded for purposes of removal jurisdiction. Further, Genco contends no procedural flaws in its removal exist and Plaintiffs' motion for remand must be denied.
C. Hamlin Is a Sham/Fraudulent Defendant
1. Legal Standard -- Fraudulent Joinder
"Fraudulent joinder is a term of art" and does not require an ill motive. Id.; Lewis v. Time Inc., 83 F.R.D. 455, 460 (E.D. Cal. 1979), aff'd, 710 F.2d 549 (9th Cir. 1983). Joinder will be deemed fraudulent where the plaintiff fails to state a cause of action against the resident defendant, and the failure is obvious according to the settled rules of the state. Ritchey v. Upjohn Drug Co., 139 F.3d 1313, 1318 (9th Cir. 1998); McCabe, 811 F.2d at 1339. In determining whether a cause of action is stated, typically courts "'look only to a plaintiff's pleadings to determine removability.'" Ritchey, 139 F.3d at 1318 (quoting Gould Mut. Life Ins. Co. of N.Y., 790 F.2d 769, 773 (9th Cir. 1986)). Yet, where fraudulent joinder is an issue, the Ninth Circuit has directed that courts may go "somewhat further" by allowing a defendant to present facts showing that joinder is fraudulent. Id. The review of the complaint, however, is constrained to the facts actually alleged therein; it does not extend to facts or causes of action that could be alleged via an amended complaint. Kruso v. Int'l Tel. & Tel. Corp., 872 F.2d 1416, 1426 n.12 (9th Cir. 1989) (affirming district court's refusal to consider allegations made in plaintiffs' unfiled, proposed amended complaint submitted as an attachment to a motion for reconsideration to determine whether valid claims had been stated for fraudulent joinder purposes (citing C. Wright & A. Miller & E. Cooper, Federal Practice and Procedure: Jurisdiction § 3739, at 580-81 (2d ed. 1985))); Smith v. City of Picayune, 795 F.2d 482, 485 (5th Cir. 1986) ("Generally, the right of removal is determined by the pleadings as they stand when the petition for removal is filed.").
In ruling on a motion for remand where fraudulent joinder is alleged, a court must evaluate the factual allegations in the light most favorable to the plaintiff, resolving all contested issues of fact in favor of the plaintiff. Travis v. Irby, 326 F.3d 644, 649 (5th Cir. 2003); see also Albi v. Street & Smith Publ'ns, 140 F.2d 310, 312 (9th Cir. 1944) ("In borderline situations, where it is doubtful whether the complaint states a cause of action against the resident defendant, the doubt is ordinarily resolved in favor of the retention of the cause in the state court."). Federal courts in this circuit apply the fraudulent-joinder rule in cases only where it is indisputably clear that the plaintiff states no cause of action against the non-diverse defendant. See Dominick's Finer Foods v. Nat'l Constr. Servs., Inc., No. CV10-00836-SVW (PWJx), 2010 WL 891321, at *2 (C.D. Cal. Mar. 9, 2010) (citing Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067-68 (9th Cir. 2001); Kruso, 872 F.2d at 1427; McCabe, 811 F.2d at 1339; Maffei v. Allstate Cal. Ins. Co., 412 F. Supp. 2d 1049, 1053 (E.D. Cal. 2006); Brown v. Allstate Ins. Co., 17 F. Supp. 2d 1134, 1136-37 (S.D. Cal. 1998); Gasnik v. State Farm Ins. Co., 825 F. Supp. 245, 249 (E.D. Cal. 1992); Zogbi v. Federated Dep't Store, 767 F. Supp. 1037, 1041-42 (C.D. Cal. 1991)).
2. Claim Against Hamlin for Third-Party Sexual Harassment
Plaintiff Medrano alleges a cause of action against both Genco and Richard Hamlin for sexual harassment in violation of FEHA. FEHA makes it an unlawful employment practice for an employer, "because of the . . . sex. . . of any person, . . . to discriminate against the person in compensation or in terms, conditions, or privileges of employment." Cal. Gov't Code § 12940(a). Further, it is an unlawful employment practice for an employer, "because of . . . sex, . . . to harass an employee." Id. § 12940(j)(1).
Additionally, an individual employee of an entity subject to FEHA can be held personally liable for harassing behavior that is outside or extraneous to his job duties.*fn6 Id. § 12940(j)(3) ("An employee of an entity subject to this subdivision is personally liable for any harassment prohibited by this section that is perpetrated by the employee, regardless of whether the employer or covered entity knows or should have known of the conduct and fails to take immediate and appropriate corrective action.").
Sexual harassment is a form of sexual discrimination. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 66 (1986). In turn, hostile work environment claims are a particular subset of sexual harassment claims. See Ellison v. Brady, 924 F.2d 872, 875 (9th Cir. 1991). California recognizes two theories upon which sexual harassment may be alleged. The first of these is quid pro quo harassment, which occurs where a term of employment is conditioned upon submission to unwelcome sexual advances. Fisher v. San Pedro Peninsula Hosp., 214 Cal. App. 3d 590, 607 (1989). The second theory is one based upon a hostile work environment where the harassment is sufficiently pervasive such that the conditions of employment are altered and an abusive work environment is created. Id. Additionally, there are hybrid cases that involve a blending of the two theories. Mogilefsky v. Super. Ct., 20 Cal. App. 4th 1409, 1415 (1993). For example, "[a] hostile work environment may result from inappropriate sexual conduct in the workplace." Id.
A claim for hostile work environment sexual harassment requires a claimant to assert that (1) he was a member of a protected class; (2) he was subjected to unwelcome sexual harassment; (3) the harassment was based on sex; and (4) the harassment unreasonably interfered with his work performance by creating an intimidating, hostile, or offensive work environment. Lyle v. Warner Bros. Television Prods., 38 Cal. 4th 264, 279 (2006); Fisher, 214 Cal. App. 3d at 608.*fn7 Typically, plaintiffs assert hostile work environment claims against their entity employer, but under FEHA claimants "conceivably can name individuals as defendants." Rieger v. Arnold, 104 Cal. App. 4th 451, 464 (2002).
a. Medrano Cannot State a Claim for "Third-Party Harassment" Against Hamlin
The first element of a hostile work environment claim requires that the plaintiff be a member of a protected class rather than a bystander who observes or knows about the harassment of others, but is neither personally targeted nor a member of the protected class that is a target of the harassment. See Lyle, 38 Cal. 4th at 279. A man, therefore, alleging a hostile work environment due to sexually harassing conduct directed at women in his workplace presents a question of standing for failure to meet this element of the claim.
In the context of Title VII cases, the Ninth Circuit and other circuit courts of appeals have repudiated bystanders' claims for hostile work environment on the basis of standing where the bystander was not a member of the protected class that was the target of the hostile conduct. For example, in Patee v. Pacific Northwest Bell Telephone Co., 803 F.2d 476, 478 (9th Cir. 1986), the court held that a hostile work environment claim brought by men related to conduct directed at women in their workplace was not viable for lack of standing because the men were not part of the protected class at whom the complained of conduct was directed.
In Childress v. City of Richmond, 134 F.3d 1205, 1207 (4th Cir. 1998) (en banc) (per curiam), the Fourth Circuit reviewed a district court's dismissal of a hostile work environment claim under Title VII brought by white male police officers who alleged gender and race-based harassment of black and female members of the police force. The district court had dismissed the claim on the ground that the white male officers did not have standing under Title VII to bring an action for discrimination directed at others. In an evenly split opinion, the circuit affirmed the district court's dismissal on that basis. Id.
In Bermudez v. TRC Holdings, Inc., 138 F.3d 1176, 1179-81 (7th Cir. 1998), a white former employee (Schlichting) of an umbrella corporation for affiliated employment agencies asserted a hostile work environment claim under Title VII based on her co-workers' alleged racial bias against clients who came to the company seeking job placements. Schlichting also asserted that a black co-worker was shunned by white employees. Id. at 1180. The Seventh Circuit rejected Schlichting's claim reasoning that none of the words or deeds alleged was directed against Schlichting. Id. The court pointed out that, even if the company was violating the rights of persons seeking a placement for employment, Schlichting was not entitled to enforce their rights. Id. The court stated the following:
Her claim is not that white women were harassed on account of their race or sex, but that persons of any race or sex who were opposed to discrimination felt uncomfortable. We have never recognized this as a valid theory of discrimination under Title VII, and it is hard to see how it could be reconciled with the proposition that laws must be enforced by the victims (or by public prosecutors) rather than by third parties discomfited by the violations . . . . The directly injured persons, rather than bystanders appalled to learn that discrimination is ongoing, are the proper plaintiffs in situations of this kind.
Id. at 1180-81.
Moreover, in the context of FEHA, the Ninth Circuit, in an unpublished memorandum decision, affirmed a district court's dismissal of a hostile work environment claim for lack of standing under similar conditions presented here. See Treadwell v. IPC Int'l Corp., 302 F. App'x 595, 596 (9th Cir. 2008). In Treadwell, the plaintiff, a black male, asserted that his supervisor, Wilson, harassed women at the workplace. Treadwell v. IPC Int'l Corp., No. 2:05-cv-06086, Docket No. 24, at *4 (C.D. Cal. Jan. 12, 2006). Despite the plaintiff's complaints of Wilson's conduct, he was forced to continue to work with Wilson, and Wilson continued to harass women. Id. The court dismissed the hostile work environment claim against Wilson because Wilson's conduct was not directed at the plaintiff and the plaintiff (a man) did not have membership in the class against whom Wilson's alleged conduct was directed (women). Id. While the Ninth Circuit's decision affirming the district court is not precedential because it is unpublished,*fn8 it is a clear indication that the Ninth Circuit has extended the rationale of Patee in the context of FEHA.
Plaintiffs have made no attempt to distinguish this caselaw and failed to address Genco's argument that Treadwell clearly indicates that Medrano's claim is not viable. Plaintiffs also cite no persuasive California or federal court authority that Medrano has standing to assert a claim based on third-party sexual harassment not directed at him. Plaintiffs quote Beyda v. City of Los Angeles, 65 Cal. App. 4th 511, 519 (1998), for the proposition that California law recognizes that harassing conduct not directed at an employee or even witnessed by that employee may be actionable if "a reasonable person may be affected by knowledge that other workers are being sexually harassed in the workplace." However, Beyda is not persuasive because it involved a female plaintiff who sought to introduce evidence of harassment of other women to show that she perceived her environment to be hostile to women. On appeal, the appellate court pointed out that a woman's perception that her work environment is hostile to women is reinforced if she witnesses the harassment of other female co-workers; therefore, evidence related to the harassment of other women could be relevant to her claim. Id. (quoting Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993) (quotation marks omitted)). Given Beyda'scontext, the isolated quote Plaintiffs reproduced has no bearing on whether Medrano can assert a claim against Hamlin for harassment directed at neither Medrano nor a protected class of which he is a member.
Plaintiffs cite Miller, 36 Cal. 4th at 466, for the proposition that any "employee may establish an actionable claim of sexual harassment under the FEHA by demonstrating that widespread sexual favoritism was severe or pervasive enough to alter his working condition and create a hostile working environment." (Doc. 20, 2:25-28.) Miller is inapposite.
In Miller, there was evidence that a prison warden engaged in sexual affairs with three subordinate employees who, because of their relationship with the warden, were granted employment benefits not extended to others and were given opportunity for advancement based upon sexual favors rather than merit. Id. at 466-67. Moreover, these subordinate employees subjected other co-workers to harassment that the warden refused to stop because of his relationship with those subordinate employees. Id. The California Supreme Court observed that the warden's sexual favoritism promoted a message that female employees were "sexual playthings" of management and/or that the way for women to get ahead in that workplace was by engaging in sexual conduct creating an atmosphere that was demeaning to women. Id. at 467-68. Under this set of facts, it is at least possible that both genders could assert a sexual harassment claimfor creating a hostile work environment against their employer. However, there is nothing in Miller to suggest that a supervisor is personallyliable to every employee, who is aware of, but not subject to, harassing conduct by that supervisor regardless of membership in a protected class. Additionally, Miller did not involve a harassment claim against the supervisor whose conduct was at issue -- the claim was against the employer. Further, Medrano's harassment claim against Hamlin is not predicated on acts of sexual favoritism toward women resulting in a hostile and discriminating workplace for men, but on "third-party" comments, gestures, staring, and touching directed at women.
In their reply brief, Plaintiffs contend that Medrano's allegations against Hamlin should be inferred as direct harassment toward Medrano because Hamlin's conduct targeted Medrano's wife. (Doc. 20, 3:10-15.) However, there are no allegations in the complaint that Hamlin's harassment of Medrano's wife was performed in Medrano's presence*fn9 and/or for the specific purpose of harassing Medrano -- which would have to be alleged for Hamlin's conduct to conceivably have been directed at Medrano.*fn10
Finally, at the hearing on this matter, Plaintiffs presented, for the first time, citation to Steiner v. Showboat Operating Co., 25 F.3d 1459 (9th Cir. 1994),*fn11 maintaining that it supported Medrano's standing to assert a "third-party" sexual harassment claim against Hamlin.*fn12 In Steiner, a casino employee filed suit against her employer for harassment by her supervisor. Id. at 1462. In its defense, the casino employer asserted that the supervisor equally abused men and women alike; thus, the harassment of the plaintiff was not directed against her on the basis of her sex. Id. at 1463. The district court accepted this defense and granted summary judgment for the casino employer. Id. On appeal, the Ninth Circuit reversed the district court, pointing out that the supervisor's treatment and remarks to women at his job were of a sexual or gender-specific nature. Id. at 1464. The court reasoned that, even if the supervisor had "used sexual epithets equal in intensity and in an equally degrading manner against male employees, he cannot thereby 'cure' his conduct towards women." Id. The court also clarified that, even though words from a man to a man are differently received than words from a man to a woman, it would not "rule out the possibility that both men and women working at [the casino] have viable claims against [the supervisor] for sexual harassment." Id. This dictum does not stand for the proposition that all male and female employees have a claim against a supervisor regardless of whether any harassing conduct was directed at them. Rather, the court was explaining that it was possible that the comments of the supervisor directed at the male employees could potentially constitute sexual harassment against the men if those men found it offensive and hostile.Here, Hamlin's conduct was not directed at Medrano; therefore, the dictum contained in Steiner is not applicable.
b. Medrano Cannot Satisfy the Protected Class Requirement Based on Association or Advocacy
Medrano, who is male, bases his claim of a sexually hostile work environment against Hamlin on conduct that targeted women at his work and, more specifically, conduct that targeted his wife. A plaintiff like Medrano, who is not in the protected class that was subjected to the alleged harassment, may satisfy the "protected class" requirement based on his "association with or advocacy on behalf of protected employees." Thompson v. City of Monrovia, 186 Cal. App. 4th 860, 877 (2010) (quoting Barrett v. Whirlpool Corp., 556 F.3d 502, 515 (6th Cir. 2009)). To properly allege this "associational standing," a plaintiff must plead facts indicating that he was personally subjected to unwelcome sexual conduct or comments as a result of his association with or advocacy for protected employees. Id.
Plaintiffs argued in their papers and at the hearing that, because some of Hamlin's conduct was directed at Medrano's wife, this created a hostile working environment for Medrano.*fn13 Plaintiffs contend that it is the relationship between Medrano and his wife that made Hamlin's alleged sexual conduct toward her especially repugnant and abusive to Medrano. (Doc. 8-1, 8:23-26 (Hamlin's sexual advances toward Medrano's wife "constituted a level of severity that would unreasonably interfere with one's work performance, since she was not just a co-worker, but she was also, more importantly, his wife.").) However, it is not the quality or importance of the association that creates standing for Medrano to assert a sexual harassment claim against Hamlin. Rather, Medrano must himself have been the target of harassment on account of his association with or advocacy for his wife or other co-worker in the protected class who were the subject of Hamlin's alleged conduct. See id. While knowing that one's spouse was subjected to unwanted sexual advances or conduct would be very distressing, to be a viable FEHA claim, the allegations must indicate that harassing conduct was directed at Medrano and was due to an association with, or advocacy for, any of his female co-workers. Id. Those allegations do not exist in the complaint.
Further, although the complaint alleges that Hamlin made a sexual gesture "in [Medrano's] presence," the complaint does not state that the gesture was directed at him. (Doc. 1, ¶ 54.) The complaint's explicit reference to Medrano's harassment claim as that of a "third party" belies the theory that Medrano's harassment claim is predicated on conduct directed at him personally. (Doc. 1, ¶ 54 ("Hamlin created a hostile work environment by subjecting Medrano to third party visual and physical sexual harassment.").)
Moreover, even if the Court could infer that the gesture was directed at Medrano, there are no facts or allegations that it was directed at him on the basis ofhis association with his wife or advocacy for her or any other women at Genco. Thompson, 186 Cal. App. 4th at 878 ("only harassment that specifically targeted those who associated with and advocated for African-Americans will result in an actionable hostile work environment claim for such individuals" (quoting Barrett, 556 F.3d at 515)). More importantly, a lewd gesture, although coarse and rude, is not a type of visual harassment recognized under the California regulations. Cal. Code Regs., tit. 2, § 7287.6(b)(1)(C) (visual harassment includes derogatory posters, cartoons, or drawings on the basis of sex). Nor has the caselaw extended visual harassment to include a single lewd gesture as an example of visual harassment. See Lyle, 38 Cal. 4th at 280-81.*fn14 The Court finds that the complaint states no viable claim for third-party sexual harassment against Hamlin based on a theory that Medrano satisfies the protected class element through association or advocacy.
3. Claim for "Retaliatory Sexual Harassment"
In a footnote in their reply brief, Plaintiffs assert for the first time that "it is possible that [Hamlin] could be personally liable for retaliatory sexual harassment." (Doc. 20, 3:15, n.2.) Plaintiffs cite Jones, 42 Cal. 4th at 1168 n.4, to support this statement. To the extent that Plaintiffs are asserting that Medrano may satisfy the element of the claim requiring his membership in a protected class because sexual harassment was directed at him as retaliation for his association with his wife or his advocacy in complaining to management about the sexual harassment of female co-workers, that theory is not pled.
As explained above, no facts indicate that Hamlin directed harassment at Medrano because Medrano complained to management about Hamlin's treatment of female co-workers, including his wife. Specifically, the complaint states that, "[w]hen Defendant's [Genco] and [Hamlin] learned of Plaintiff Medrano's complaints of sex discrimination and sexual harassment, they took action to terminate [Medrano's] employment." (Compl. ¶¶ 16, 57.) The retaliation assertedly suffered was the termination of Medrano's employment. There are no allegations that Hamlin retaliated against Medrano by acts of sexual harassment directed at Medrano after Hamlin became aware of Medrano's complaints. Therefore, there is no "retaliatory sexual harassment" pled.The Court will not entertain potential or "possible" claims or theories not factually supported in the original complaint. Kruso, 872 F.2d at 1426.
To the extent that Plaintiffs' footnote avers that the allegation regarding Hamlin's involvement in Genco's termination of Medrano's employment constitutes a retaliation claim under Section 12940(h)of FEHA, the Court does not agree.In Reno, 18 Cal. 4th at 644, the California Supreme Court held that, although an employer may be held liable for discrimination under FEHA, non-employer individuals are not personally liable for that discrimination under Section 12940(a). The Reno decision did not address whether a supervisor could be personally liable for retaliatory conduct in violation of Section 12940(h),*fn15 a provision of FEHA that arguably imposes broader liability than Section 12940(a).
In Jones, the California Supreme Court considered the question left unanswered in Reno of whether a supervisor could be held personally liable for retaliation under Section 12940(h). The court held that, as with claims for discrimination under Section 12940(a), a supervisor is not personally liable for retaliation claims made on the basis of discriminatory conduct during the course of that supervisor's job duties. Jones, 42 Cal. 4th at 1173 ("[W]e conclude that the employer is liable for retaliation under section 12940, subdivision (h), but nonemployer individuals are not personally liable for their role in that retaliation."). In holding that supervisors were not personally liable, the court described at length the distinction between discriminatory conduct supervisors engage in during the course of job-related duties and harassing behavior they engage in for their own personal reasons. Id. at 1162-68.
The Jones court noted that supervisors may be liable for acts of harassment (conduct outside the scope of employment-related duties) under Section 12940(j).*fn16 The court reasoned, however, that, because supervisors were not personally liable for discriminatory conduct under Section 12940(a), they could not be personally liable for retaliation arising out of this type of discrimination under Section 12940(h). The court specifically refused to address whether a retaliation claim under Section 12940(h) would be viable against a supervisor in his individual capacity relating to harassment under Section 12940(j) rather than discriminatory job-related conduct under Section 12940(a). The Court noted the following:
Justice Moreno's dissent argues, in part, that a supervisor who is liable for harassment should also be liable for retaliating against someone who opposes or reports that harassment. This case does not present that situation. Although plaintiff included a cause of action for harassment in his complaint, the trial court ruled, in a ruling long-since final and binding in this case, that there was no actionable harassment. Therefore, Weiss is not liable for harassment. Because the issue is not presented, we express no opinion on whether an individual who is personally liable for harassment might also be personally liable for retaliating against someone who opposes or reports that same harassment.
Id. at 1168 n.4.
As in Jones, without a viable claim for harassment under Section 12940(j), whether a retaliation claim under 12940(h) could be actionable against Hamlin in his individual capacity is not presented. Based on the facts alleged, Hamlin cannot be liable to Medrano for Hamlin's harassing acts against other female co-workers and Medrano's wife under Section 12940(j) -- there must be some harassing conduct directed at Medrano because of his association with his wife, or for advocacy for those in a targeted and protected class. Whether Medrano could state a claim for retaliation under Section 12940(h) based on the latter conduct is only a hypothetical theory not presented by the facts actually pled. Whether a Section 12940(h) claim for retaliation could be asserted against a supervisor in his individual capacity without a viable Section 12940(j) claim for harassment is simply not contemplated by any caselaw presented by Plaintiffs, nor has the California Supreme Court recognized such a cause of action. See Jones, 42 Cal. 4th at 1168, n.4.
For the first time at the hearing in an argument not articulated in Plaintiffs' pleadings, Plaintiffs' counsel appeared to assert that Barker, supra, note 10,indicates, by analogy or comparable illustration, that, if Hamlin directs any conduct prohibited by Section 12940(j) at any Genco employee and then retaliates against Medrano for reporting that harassment (although not directed at Medrano), he has at least a potentially viable claim under Section 12940(h) for retaliation against Hamlin in his individual capacity. In Barker, a special education teacher filed suit against her employer, the Riverside County Office of Education ("RCOE"), for constructive termination arising out of an intolerable work environment. 584 F.3d at 823. The gravamen of her claim was that she was retaliated against for reporting her concerns to her supervisors that the special education services provided by RCOE to its disabled students were non-compliant with federal and state law. Id. The district court dismissed her claim for lack of standing, but the Ninth Circuit reversed, finding that she had standing to assert her claim under the anti-retaliation provisions of Section 504 of the Rehabilitation Act of 1973 ("RA") and Title II of the Americans with Disabilities Act ("ADA"). Id. at 825.
The Court understands Plaintiffs' argument to be that, if a special education teacher has a viable claim for retaliation under the ADA for reporting violations of the ADA as to her students (and not herself), then Medrano has a claim for retaliation under Section 12940(h) for reporting Hamlin's harassing behavior in violation of Section 12940(j) directed at others in his workplace. The Barker case does not aid Plaintiffs' argument.*fn17
First, Barker has little applicability as it was a suit for retaliation under the ADA and the RA against an employer. Second, the complaint does not include a claim for retaliation against Hamlin. While there is an explicit claim for retaliation against Genco under Section 12940(h) (see Compl.
¶¶ 99-111), no retaliation claim is stated against Hamlin. Third, Plaintiffs' citation to Barker at the hearing does not make clear that anyone, after reviewing the complaint, could be on notice or otherwise be informed that the claim against Hamlin in his individual capacity for harassment creating a hostile work environment should in fact be recast and understood as a retaliation claim under a completely different provision of FEHA -- a claim that has never been recognized as viable in the FEHA context. Plaintiffs are essentially asking the Court to consider what claim might be pled against Hamlin rather than what claim was actually stated against him in the complaint. This new theory of liability, presented for the first time at the hearing and not adequately set forth in the complaint, asks the Court to perform an end-run around the Ninth Circuit's decision in Kruso that stated, in considering allegations of fraudulent joinder, it would "not consider the allegations contained in the unfiled 'Proposed First Amended Complaint.'" Kruso, 872 F.2d at 1426 n.12. Moreover, while Plaintiffs do not present a proposed amended complaint for the Court to consider as was the case in Kruso, they are essentially arguing how the complaint could be amended to state a claim against Hamlin. For purposes of removal jurisdiction, the Court must deal with what has actually been pled and what can be construed as having been pled, not mere possibilities in the universe of theories and claims not stated in the complaint. See id. The Court makes no finding whether this theory of liability could constitute a viable claim under Section 12940(h) against Hamlin. Rather, the Court finds that no such claim has been stated. Plaintiffs remain free to seek leave to amend their complaint to include such a claim against Hamlin, and at that time they may request that the Court reconsider its subject matter jurisdiction in light of such a proposed amendment.As this claim and theory of liability was not set forth in the complaint, this would also provide Genco with the opportunity to address such a claim and Plaintiffs' supporting arguments and legal citations that Genco was not provided prior to the hearing.
For the reasons stated above, the Court finds that Medrano has stated no viable claim for sexual harassment or retaliation under the FEHA against Hamlin in his individual capacity.
4. Claim for Intentional Infliction of Emotional Distress
For the first time, in the introduction section of their reply brief, Plaintiffs summarily assert that Medrano's allegations could support a claim of intentional infliction of emotional distress ("IIED") against Hamlin based on Hamlin's sexual touching of Medrano's wife in his presence.(Doc. 20, 1:25-27 ("[Medrano's] allegations could support a claim of intentional infliction of emotional distress against Defendant [Hamlin] based upon Defendant [Hamlin's] sexual touching of [Medrano's] wife in his presence.").)Notwithstanding that this assertion is made for the first time in the reply brief, the Court will address it.
To allege a claim for IIED, a plaintiff must allege (1) extreme and outrageous conduct by the defendant with the intention of causing emotional distress, (2) suffering severe or extreme emotional distress, and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Christensen v. Super. Ct., 54 Cal. 3d 868, 903 (1991). The California Supreme Court has held that "[i]t is not enough that the conduct be intentional and outrageous. Id. It must be conduct directed at the plaintiff, or occur in the presence of a plaintiff of whom the defendant is aware." Id. In circumstances where a plaintiff seeks to recover for emotional distress suffered as the result of conduct directed primarily at another, recovery -- to the extent it has been allowed at all -- "has been limited to the most extreme cases of violent attack, where there is some especial likelihood of fright or shock." Id. at 905 (internal quotation marks omitted).
Here, while Plaintiffs allege in their moving papers and in their Reply brief that Medrano personally witnessed Hamlin's conduct directed towards Medrano's wife, this allegation is not contained in the complaint. (See Compl. ¶ 55.) Plaintiffs asserted at the December 15, 2010, hearing that the complaint and the administrative complaint attached as an exhibit to the complaint imply that Medrano witnessed the conduct with regard to his wife. Even assuming that Medrano witnessed Hamlin's conduct with regard to his wife, a claim for IIED based on recovery for distress caused as a result of injuries to another -- which is the case here -- is limited to the most extreme cases of violent attack. Id.; Ess v. Eskaton Props., Inc., 97 Cal. App. 4th 120, 131 (2002). The facts alleged do not show that this was a case of extreme violence such that Hamlin's conduct toward Medrano's wife would have an actionable IIED claim for conduct toward Medrano's wife.
Finally, there is no allegation that Hamlin was acting for the purpose of causing Medrano distress or that he was aware of Medrano's presence when he allegedly touched or stared at Medrano's wife. See Ochoa v. Super. Ct., 39 Cal. 3d 159, 166 n.5 (1985) (IIED requires outrageous conduct that is "especially calculated to cause, and does cause," mental distress). Beyond that no claim for IIED is explicitly asserted in the complaint, the facts of the complaint cannot be construed to state a claim for IIED based on Hamlin's conduct toward Medrano's wife.
Plaintiffs point to the liberal pleading rules, especially those of California, asserting that, even if a claim is not adequately stated in the complaint, the complaint could be amended to adequately set forth some cognizable claim against Hamlin. As stated previously, assessing the propriety of removal requires the Court to assess the pleadings that exist at the time of removal and the possible claims that have any viability given the facts actually pled -- not hypothetical factual scenarios not contained in the pleadings. Courts do not look to post-removal filings to the extent they introduce new causes of action or legal theories. See Kruso, 872 F.2d at 1426 n.12 ("This court will not consider the allegations contained in the unfiled 'Proposed First Amended Complaint'"); see Williams v. Costco Wholesale Corp., 471 F.3d 975, 976 (9th Cir. 2006) ("We have long held that post-removal amendments to the pleadings cannot affect whether a case is removable, because the propriety of removal is determined solely on the basis of the pleadings filed in state court."); see also Griggs v. State Farm Lloyds, 181 F.3d 694, 700 (5th Cir. 1999) ("Post-removal filings may not be considered, however, when or to the extent that they present new causes of action or theories not raised in the controlling petition filed in state court."). Only under the very limited circumstances explained in Christensen can a bystander assert an IIED claim for conduct direct at another. See Christensen, 54 Cal. 3d at 903. Those circumstances are simply not presented by the facts of the complaint, and an IIED claim as to Hamlin is not viable.
5. Conclusion and Recommendations
For the reasons stated above, the Court finds that Medrano states no viable claim for third-party sexual harassment under FEHA against Hamlin in his individual capacity. The Court also finds that the facts of the complaint cannot be construed to state a viable IIED claim or a retaliation claim under FEHA against Hamlin. Therefore, the Court recommends that the sexual harassment claim against Hamlin be dismissed. As a result, the Court also recommends that Hamlin be considered a fraudulent or sham defendant and that his citizenship be disregarded for purposes of determining the Court's subject matter jurisdiction. Ritchey, 139 F.3d at 1318 ("It is a commonplace that fraudulently joined defendants will not defeat removal on diversity grounds."). As Genco is not a California resident and is diverse from both Plaintiffs Medrano and Landa, the Court should determine that it has removal jurisdiction under 28 U.S.C. § 1441.
D. Procedural Issues
1. The Rule of Unanimity
Plaintiffs assert that Genco's removal is procedurally flawed because Hamlin did not join in the removal, thereby violating the "rule of unanimity." (Doc. 8-1, 4-5.) Genco asserts that Hamlin was never properly served; therefore, his consent is irrelevant and unnecessary for purposes of removal. (Doc. 15, 7-9.) Genco also contends that, even if Hamlin were properly served, his joining the removal is likewise irrelevant because he is a sham defendant. (Doc. 15, 9-10.)
"As a general rule, all defendants who may properly join in the removal petition must join." Ely Valley Mines, Inc. v. Hartford Accident & Indem. Co., 644 F.2d 1310, 1314 (9th Cir. 1981) (citing Chi., Rock Island & Pac. Ry. Co. v. Martin, 178 U.S. 245 (1900)). However, the rule of unanimity does not apply to "nominal, unknown or fraudulently joined parties." Emrich v. Touche Ross & Co., 846 F.2d 1190, 1193 n.1 (9th Cir. 1988). As the Court finds Hamlin to be a fraudulent/sham defendant, his consent to removal was not necessary and is irrelevant. See id. There is no need for the Court to make any further findings with regard to Hamlin's failure to join in the removal. If Hamlin were not a fraudulent/sham defendant, analyzing Genco's failure to join Hamlin would be merely an academic exercise -- the entire suit would be subject to remand based on a lack of jurisdiction regardless of Hamlin's lack of consent.
2. Genco's Removal Was Timely
Title 28, section 1446(b) of the United States Code provides, in part, that "[t]he notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based." The thirty-day removal period begins only when a defendant is formally served with a copy of the complaint. Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc. ("Murphy"), 526 U.S. 344, 353-54 (1999).
In their motion, Plaintiffs assert, without citation, that "[w]hen there is more than one defendant, who receive notice of the removability of the case at different times, the 30-day filing requirement of 28 U.S.C.S. § 1446(b) begins when one defendant receives notice that the case has become removable." (Doc. 8-1, 6:3-6.) Plaintiffs accomplished substitute service on Hamlin on July 27, 2010, by delivering a copy of the summons and complaint to a security guard at Genco's Fresno, California, location where Hamlin is employed. (See Doc. 17, ¶ 6.) This complaint was passed on to Chris O'Brien, Genco's Fresno Office Manager, who forwarded it via facsimile to Salvadore Reyes, a Regional Manager for Genco. (Doc. 16, ¶¶ 1-2.) Plaintiffs do not assert that this was proper service with regard to Genco. Rather, they assert this amounted to notice to Genco of the lawsuit on July 27, 2010, and commenced the 30-day period for removal. On this basis, they contend that Genco was untimely by filing its removal on August 27, 2010 -- 31 days later. (See Doc. 20, 6:27-28 - 7:1-2 (through declaration, Genco "admit[s] that [it] received a copy of the summons and complaint on July 27, 2010, which was 31 days prior to filing the removal on behalf of Genco"), ("28 U.S.[C]. § 1446 does not require service of process, but only requires awareness or receipt.").
The United States Supreme Court unequivocally dispensed with Plaintiffs' arguments in this regard more than 11 years ago.*fn18 See Murphy, 526 U.S. at 347-48 (holding service of process, rather than mere "receipt" or notice of the complaint, begins the 30-day time for removal under Section 1446(b)). Therefore, when Genco received notice of the lawsuit is irrelevant for purposes of calculating the timeliness of Genco's removal.
There is, however, a nuance in cases with multiple defendants, and a split exists in the circuits as to whether it is proper service of the first defendant that begins the 30-day removal period or whether the 30-day period instead begins when the last defendant is properly served. United Computer Sys., Inc. v. AT&T Corp., 298 F.3d 756, 763 n.4 (9th Cir. 2002). The Ninth Circuit has not weighed in "on the propriety of either rule," and this Court need not divine which rule it would adopt. Id. Here, it makes no difference which defendant's service triggered the 30-day time period; under every scenario, Genco's removal was timely.
First, the Ninth Circuit has held that, [i]f the fraudulence of a defendant's joinder is irrelevant for purposes of determining diversity, and there is no obligation to join such a defendant in a removal petition, there is no good reason why date of service on a fraudulently joined defendant should commence the thirty-day time period for removal under § 1446(b).
Id. Therefore, because the Court finds that Hamlin is a sham defendant, service of Hamlin does not commence the 30-day removal period. See id.
Second, even if service on Hamlin did commence the 30-day removal period, Hamlin was served by substitute process*fn19 which is not effective until 10 days after the serving party has mailed a copy of the summons and complaint to the served party at the place where the complaint and summons were left. Cal. Civ. Proc. Code § 415.20(b) ("Service of a summons in this [substitute] manner is deemed complete on the 10th day after the mailing."); see also Billings v. Edwards, 91 Cal. App. 3d 826, 830 (1979) ("Copies of the summons and complaint were not mailed until October 5, 1977. Since, under the last sentence of section 415.20, service was not 'complete' until ten days after mailing, service was not effected until October 15, 1977. . . .").
Assuming arguendo that Hamlin was properly served with substitute
process on July 27, 2010, the proof of service reflects that the
complaint and summons were mailed to Hamlin that same day.*fn20
Thus, this substitute service was not deemed effective until
August 6, 2010 -- 10 days after mailing. If this service commenced the
30-day removal period, Genco's August 27, 2010, removal notice was
filed well within 30 days from August 6, 2010.
Finally, service on Genco apparently either took place on August 28, 2010, as Plaintiffs represented at the December 15, 2010, hearing, or has never taken place at all as Genco's counsel asserted at the hearing. No proof of service with regard to Genco appears in the record in this Court's docket or in the online docket at the Fresno County Superior Court as of the date of this order.*fn21 Moreover, Plaintiffs do not assert that Genco was served prior to the filing of the removal notice on August 27, 2010. Therefore, service of process on Genco does not affect the timeliness of removal.
For these reasons, the Court concludes that Genco's removal was timely under any calculation of the 30-day period.
3. Genco Did Not Waive Its Right to Seek Removal by Filing an Answer in State Court
Plaintiffs argue that Genco waived its right to remove by filing an answer in state court prior to filing its removal notice. (Doc. 8-1, 4:16-23.) Plaintiffs cite two out-of-jurisdiction district court decisions to support the proposition that "[s]ome courts have ruled that filing an answer in the state court constitutes a waiver of a defendant's right to seek removal of the state action to federal court." (Id.)
A defendant may waive its right to remove to federal court where, after it is apparent that the case is removable, the defendant takes actions in state court that manifest a clear and unequivocal intent to have the matter adjudicated there and to abandon the right to a federal forum. Resolution Trust Corp. v. Bayside Developers, 43 F.3d 1230, 1240 (9th Cir. 1994). Filing a responsive pleading does not invoke the state court's jurisdiction so as to constitute waiver of the right to remove. Id. ("[D]efensive action to avoid a judgment being entered automatically against [the defendant] . . . does not manifest an intent to litigate in state court, and accordingly, does not waive the right to remove."); Foley v. Allied Interstate, Inc., 312 F. Supp. 2d 1279, 1284 (C.D. Cal. 2004); Acosta v. Direct Merchants Bank, 207 F. Supp. 2d 1129, 1131 (S.D. Cal. 2002) ("It is well-settled that merely filing a responsive pleading does not invoke the state court's jurisdiction so as to constitute a waiver of the right to remove.").Genco did not waive its right to remove merely by filing an answer in state court.
4. Conclusion
For the reasons stated above, Genco's removal of this action was procedurally proper. This finding, however, is predicated, at least in part, on Hamlin's status as a fraudulent defendant. If Hamlin were not a sham defendant, however, the procedural concerns would be nullified by the lack of subject matter jurisdiction that Hamlin's presence in the lawsuit would destroy.
E. Request for Attorneys' Fees and Costs
Where a case is remanded following a failed attempt at removal, the district court may impose attorneys' fees and costs incurred by the party who successfully opposed removal. Pursuant to 28 U.S.C. § 1447(c), "[a]n order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." Thus, Congress has authorized the court to award attorneys' fees upon remand. The statute does not require the court to make a finding of bad faith prior to awarding fees.
Plaintiff Medrano requests an award of fees and costs totaling $4,950, and Plaintiff Landa requests that he be awarded $6,825 in attorneys' fees and costs. Plaintiffs request a total of $11,775 for attorneys' fees and costs related to contesting Genco's removal. As the Court concludes that removal was proper, there is no basis to award fees. Plaintiffs' request should be denied.
Based on consideration of the declarations, pleadings, and exhibits to the present motion, the
Court RECOMMENDS as follows:
1. The Third-Party Harassment Claim against Hamlin be DISMISSED without prejudice;
2. Plaintiffs' Motion for Remand be DENIED; and
3. Plaintiffs' Request for Attorneys' Fees be DENIED.
These findings and recommendations are submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court's Local Rule 304. Within twenty (20) days of service of this recommendation, any party may file written objections to these findings and recommendations with the Court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Responses to objections shall be filed, and served on all parties, within 14 days after service of the objections.
The district judge will review the magistrate judge's findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to file objections within the specified time may waive the right to appeal the district judge's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Shop by Category:
LuckyGunner.com has a live inventory system that removes any out-of-stock items from our website the moment the last unit is ordered.
If you see it, we have it in stock and ready to ship.
If you place an order before 3 PM EST, your product will ship that same day. If you place an order after 3 PM EST or over the weekend, your product will ship the next business day.
If your order isn't in stock and shipped the same day or next business day, we will refund 110% of your money.
Need Help?
Out of stock
|Bullet Weight
|180 Grain
|Bullet Type
|Full Metal Jacket (FMJ)
|Use Type
|Range Training
|Ammo Casing
|Ammo Caliber
|.40 S&W (Smith & Wesson)
|Manufacturer SKU
|Primer Type
|Muzzle Velocity (fps)
|Muzzle Energy (ft lbs)
|UPC Barcode
|Cost Per Round
|38.0¢ per round
Good ammo for great price
Review by BET. (Posted on 3/29/16)
Customer rating:
I shot these at the range in both my Glock G27 and S&W M&P Shield ported 40 caliber pistols. I fired a total of 200 rounds from both pistols without and misfires or problems. I have no regrets with this purchase.
(Posted on )
1 of 14
Review by fussyray. (Posted on 1/20/16)
Customer rating:
Super fast shipping and this a very good range ammo. Will buy again.
(Posted on )
2 of 14
Great value
Review by Kfabuloso . (Posted on 12/28/14)
Customer rating:
The prices on Luckygunner are unbeatable, and this my favorite ammo to shoot. Accurate and clean
(Posted on )
3 of 14
Review by Michael. (Posted on 11/19/14)
Customer rating:
Today's internet is a nightmare of fraud and cyber-theft, and I was very anxious about ordering....well...anything online. But, thank goodness, I found this TOP SHELF ammunition supplier. And the service is fantastic!! My last order was at my door within 36 hours, and the shipping cost to carry live ammo was VERY FAIR. The ammo I received was priced bellow my local dealer. The ammo was obviously shiny, New, the box was new, and they FIRE CONSISTENTLY AND ACCURATELY. They carry "once fired " ammo. But what I order, is fresh, pristine, brand new ammo! The best. On my reviews, my motto is "JUST THE FACTS." Well here is a fact: if I can't get what I need from LG, I don't want it!. This is no pumped up review. I am not receiving any special deals or anything for this review. ..IT'S...
JUST THE FACTS!..:Michael.
(Posted on )
4 of 14
40 S&W 180gr FMJ
Review by David. (Posted on 10/12/14)
Customer rating:
very good and reliable ammo good prices and fast shipping every time
(Posted on )
5 of 14
Good Product, Better Price
Review by thedrummajor. (Posted on 4/11/14)
Customer rating:
I just wish there wasn't an ammo shortage, or I'd have bought 1000 rounds instead of just 100.
(Posted on )
6 of 14
Great Ammo
Review by Dan. (Posted on 3/14/14)
Customer rating:
This was the best price I could find anywhere. Fast shipping, no problems.
(Posted on )
7 of 14
Review by Jim. (Posted on 3/13/14)
Customer rating:
Excellent ammo. Have purchased it several times now. Cycles better through my Glock than some other brands.
(Posted on )
8 of 14
Great price and quick delivery
Review by Heavy. (Posted on 3/6/14)
Customer rating:
Accurate and clean rounds. Very pleased with this product as well as L.G. service and delivery.
(Posted on )
9 of 14
Great ammo.
Review by Allen Kellar. (Posted on 2/7/14)
Customer rating:
I put 200 rounds through my S&W M&P 40 with no misfires at all. I will buy again. Allen Kellar RVA
(Posted on )
10 of 14
Review by Michael. (Posted on 1/6/14)
Customer rating:
Quick ship, no brainer purchase. Thank you
(Posted on )
11 of 14
Glock 23 gen4 ammo
Review by Lee. (Posted on 8/24/12)
Customer rating:
Very smooth and good priced ammo and very accurate ammo thank you very much
(Posted on )
12 of 14
40 S&W 180 gr FMJ Federal American Eagle rounds are a great range bullet and a great value
Review by Prophet of Pain. (Posted on 7/23/12)
Customer rating:
I recently bought 200 rounds of 40 S&W 180 gr FMJ Federal American Eagle. The price was great and compared to similar rounds I have purchased at the store these rounds are a steal. Very good accuracy out of my pistol and much cleaner than similar rounds. Very pleased with this purchase from Lucky Gunner and will use them for future purchases. Highly reccomended.
(Posted on )
13 of 14
Review by Michael. (Posted on 5/20/12)
Customer rating:
Great product and super fast shipping.. Thank You Lucky Gunner.
(Posted on )
14 of 14
Ask a Question Our customer service team has published this Q&A information as a free service to the shooting community. Please note that LuckyGunner.com expressly disclaims any and all liability with regard to how the shooting community might use this Q&A information. See Terms of Use for more details.
There are no entries.
We also have this 40 S&W - 180 Grain FMJ - Federal American Eagle - 500 Rounds ammo in stock in a bigger quantity.
23 In Stock
37.0¢ per round
Regular Price: $335.00
Special Price: $279.99
All Rights Reserved. | Site Map

subset: commoncrawl


text:
Wanna join the discussion?! Login to your Long distance hiking trails forum accountor Register a new forum account. Or Connect via Facebook
Yesterday after we made a section of mountain trail Regional Council group South Sharon suddenly coming in front of Lior to years and with a 6 kg. I wish I had a picture of.


text:
The Leading eBooks Store Online
3,720,765 members ⚫ 1,207,593 ebooks
New to eBooks.com?Learn more
- Bestsellers - This Week
- Foreign Language Study
- Pets
- Bestsellers - Last 6 months
- Games
- Philosophy
- Archaeology
- Gardening
- Photography
- Architecture
- Graphic Books
- Poetry
- Art
- Health & Fitness
- Political Science
- Biography & Autobiography
- History
- Psychology & Psychiatry
- Body Mind & Spirit
- House & Home
- Reference
- Business & Economics
- Humor
- Religion
- Children's & Young Adult Fiction
- Juvenile Nonfiction
- Romance
- Computers
- Language Arts & Disciplines
- Science
- Crafts & Hobbies
- Law
- Science Fiction
- Current Events
- Literary Collections
- Self-Help
- Drama
- Literary Criticism
- Sex
- Education
- Literary Fiction
- Social Science
- The Environment
- Mathematics
- Sports & Recreation
- Family & Relationships
- Media
- Study Aids
- Fantasy
- Medical
- Technology
- Fiction
- Music
- Transportation
- Folklore & Mythology
- Nature
- Travel
- Food and Wine
- Performing Arts
- True Crime
- Foreign Language Books
Most popular at the top
Creating CharactersF+W Media 2014; US$ 19.99 US$ 17.99
Create characters that leap off the page--and into readers' hearts! Populating your fiction with authentic, vivid characters is a surefire way to captivate your readers from the first sentence to the last. Whether you're writing a series, novel, short story, or flash fiction, Creating Characters is an invaluable guide to bringing your fictional... more...
Write a novel in 10 minutes a day: BookHodder & Stoughton 2015; US$ 19.00
Would you like to write but have no spare time?. Do you not know where to begin?. 'The Ten-Minute Novel' will help you sculpt a full-length piece of creative writing in just ten minutes a day. Starting with a daily practical exercise, it will help you manage your writing schedule within this time frame and help you bring your novel to life.... more...
The Irresistible NovelF+W Media 2015; US$ 16.99 US$ 15.29
Discover Your Voice and Enthrall Readers! The craft of writing is filled with various debates: Should I include a prologue? Should I delete all adverbs from my manuscript? Just how much backstory--if any--can I include in my story? These questions--and their often-contradictory answers--can cause confusion, frustration, and even paralysis in the... more...
Fiction Writing Master ClassF+W Media 2015; US$ 16.99 US$ 15.29
Want to find your voice? Learn from the best! In your development as a writer, you've likely been told to develop your own unique writing style, as if it were as simple as pulling it out of thin air. But finding your voice isn't easy--it requires time, practice, and a thorough understanding of how great fiction is written. Fiction Writing Master... more...
The Business of Science FictionMcFarland & Company, Inc., Publishers 2010; US$ 35.00
Two prolific and award-winning science fiction writers, Mike Resnick and Barry N. Malzberg, have been publishing a "Dialogue" in every issue of the SFWA Bulletin, official publication of the Science Fiction Writers of America, for more than a decade. These collected columns explore every aspect of the literary genre, from writing to marketing... more...
The Nonfictionist's GuideRowman & Littlefield Publishers 2007; US$ 48.99
As a vital and growing literary genre, nonfiction impacts bestseller lists, writing programs, writers' workshops, and academic conferences on creative writing, composition/rhetoric, and literature. In a lively exploration of its poetics, The Nonfictionist's Guide examines the elements of contemporary nonfiction and suggests imaginative approaches... more...
So You Want to Write a NovelHarperCollins 2012; US$ 5.99
You know there is a novel locked inside of you?chock-full of conflict, humor, irony, enthralling events and fascinating characters. What you don't know is how to set it free. Practical Advice, Hands-On Help Respected author and professional writing instructor Lou Willett Stanek's New York workshops have enabled scores of aspiring novelists to realize... more...
The Postcolonial Short StoryPalgrave Macmillan 2012; US$ 95.00
This book puts the short story at the heart of contemporary postcolonial studies and questions what postcolonial literary criticism may be. Focusing on short fiction between 1975 and today ? the period in which critical theory came to determine postcolonial studies ? it argues for a sophisticated critique exemplified by the ambiguity of the form. more...
Creative Story WritingAndrews UK 2013; US$ 17.99
Creative Writing is the essential guide for all students wanting to develop their literacy skills and improve their grades in English assignments and examinations. It is the first in the Teach Your Child to Write Good English series. Creative Writing has been written by an experienced teacher and tutor and written with the needs of children in mind.... more...
FicBenBella Books, Inc. 2013; US$ 14.99
What is fanfiction, and what is it not? Why does fanfiction matter? And what makes it so important to the future of literature? Fic is a groundbreaking exploration of the history and culture of fan writing and what it means for the way we think about reading, writing, and authorship. It?s a story about literature, community, and technologyabout... more...


text:
Check in from 3:00 PM / Check out prior to 11:00 AM
Hampton Inn Niceville-Elgin Air Force Base: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Niceville, United States.
Boasting free Wi-Fi and an outdoor pool, Hampton Inn Niceville-Elgin Air Force Base is situated in Niceville and offers modern accommodation. It is ideally positioned for those wishing to discover the area's attractions.
Hotel description
The hotel offers a golf course, a 24-hour business centre and a 24-hour reception. A fitness centre is available to those wanting to keep active while away.
The modern rooms at Hampton Inn Niceville-Elgin Air Force Base feature wireless internet access and all the essentials for a comfortable stay.
The hotel provides an ideal place to discover Big Kahuna's Lost Paradise and Bluewater Bay Resort, as well as everything the local area has to offer. It is also a short drive from Fort Walton Beach and Destin.
Hotel features
Air Conditioned, Vending Machines
Business Center, Elevator / Lift, 24 Hour Reception, Dry Cleaning, Safe-Deposit Box, Photocopier, Self Laundry
Fitness Room/Gym, Swimming pool, Golf Course, Pool Outdoor
Internet Connection (wireless)
Availability and Prices
Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Hampton Inn Niceville-Elgin Air Force Base also viewed these 3 stars Niceville hotels:
Search hotels
based on
661 reviews
Nearest hotels
- Regency Inn Niceville
2.1 miles
- Holiday Inn Express Niceville - Eglin AFB
3.3 miles
- Quality Inn At Eglin AFB
3.5 miles


text:
F Minus by Tony Carrillo
- August 19, 2013
- From Beginning
- Previous feature
- Next feature
- Current
Comments (15) (Please sign in to comment)
Tarzan/Jane's distant grandson and his girlfriend I bet.
Well, it is a concrete jungle… just a forest of concrete and steel trees and a river of hungry cars…
Also reminds me of the video game "Pitfall" …
This is also one time that you can question the gym teacher, since the gym rope test will fail you in real life…
I said Tarzan/Jane, not George/Urusla.
We never had a gym test….I wouldn't have turned up for it anyway.
i remember 'pitfall'.i played that game on the coleco vision.
No jay-walking here officer.
I'm game
Ropeo Drive?
I found that they tried to bring Pitfall on a few others later on, too….
We sometimes had a physical test for whatever unit we were in… we even had a gymnastics test, where we had to demonstrate skills on a few of the apparatus… broad jump, pommel horse, uneven bars, even bars, even the rings… oh,the rings!… that was when I had not so much fear (or as much gravitiy to have to fight, lol!) to do an upside down with my feet in the rings…
But for the test with the rope, we had to climb up as high as possible… and there was the temptation to swing.. but today's strip made me think about it, how crazy it would be to need the rope skills from gym class to work in a situation like this, to even find a shortcut to get across the street… or to swing… like you would say: "Well, glad I learned that one!" Lol!….
By unit, I infer that you mean military unit…..? I was referring to school. I wanted to learn academic things but gym was a complete non-starter.
No, not military… In school, they broke down a subject into units… they did it for math, social studies, etc… so, for gym, there would be a different "unit" here and there… one example would be a unit in football… and for a few weeks, the unit would be further broken down, into a topic on one aspect of it, and another aspect the next week, until finally the "unit" test on the whole subject of football that was covered.. so that's what I was describing on both the "gymnastics" unit we had, and the "physical fitness" unit we had….
George, George, George of the Jungle. Watch out for that-Splat- Semi!
- Refresh Comments.
You must be signed in to make a comment.


text:
Belted Denim Jeans
Regrettably this item is unavailable to order.
With button fly.
Jeans Main 100% Cotton. Belt Belt 100% Polyurethane.
Featured withinJeans,Trousers & Shorts
Are you sure you want to navigate away from this site?
If you navigate away from this site
you will lose your shopping bag and its contents.


text:
Dutch Bangla Bank HSC scholarship circular 2016 has been published. Today, 20 August, 2016 this DBBL HSC scholarship notice has been declared by the Dutch Bangla Bank Limited in their website. According the notice, Students can submit their application within 21 August to 21 November, 2016. Dutch Bangla Bank scholarship result (SSC final selection) 2016 has been published. This Dutch Bangla Bank scholarship SSC primary selection result 2016 was published on 13 August, 2016. The DBBL HSC scholarship primary selection result was released out in the Dutch Bangla Bank official website. You can get your Dutch Bangla Bank scholarship result 2015 for HSC students from DBBL website.
Dutch Bangla Bank HSC Students scholarship notice 2016 | Apply Now
Bangladeshi popular non-government bank, Dutch Bangla Bank is providing the scholarship for the Bangladeshi students every year. They help in the development of Education sector of Bangladesh actually. Dutch Bangla Bank Ltd. scholarship is applicable for the meritorious but poor student across the country. Dutch Bangla Bank is continuing their scholarship for the SSC, HSC, undergraduates and graduated students. They give more than half of the total amounts of scholarship for the rural students.
Dutch Bangla Bank HSC scholarship circular 2016
Dutch Bangla Bank scholarship application (HSC) submission program 2016 will start from 21 August, 2016. The application submission date was ended last 21 November, 2106. After, submitting the Dutch Bangla Bank ltd. scholarship application 2016, students have to wait to get Dutch Bangla Bank limited scholarship result. But, within a week DBBL authority published the Dutch Bangla Bank Limited scholarship HSC primary selection 2015. This primary selction list can be found in the Dutch Bangla Bank official website. Dutch Bangla Bank authority will also publish the primary selection in the daily newspapers. However, See the Dutch Bangla Bank HSC scholarship primary section result from bellow link. To apply for the DBBL scholarship, go to http://www.dutchbanglabank.com/DBBLScholarship/ and fill up details information. Finlay Submit your application.
To get all latest information of Dutch Bangla Bank scholarship result, visit our site regularly. You can also get the Dutch Bangla Bank SSC scholarship result and primary selection from our site. Keep your eyes in Bdprimeit.com to get all type of scholarship and scholarship related news in Bangladesh. Stay with us.


text:
Magnetically Directed Self-Assembly of Carbon Nanotube Devices†
- †
We thank Dr. Amy Szuchmacher Blum for performing AFM analysis and Dr. Michael Miller for Magnetometry and MFM characterizations. We also thank Dr. Pehr Pehrsson and Dr. Miller for their helpful discussions on carbon nanotubes and the magnetic properties of permalloy. DPL also acknowledges the National Research Council for a post-doctoral fellowship at the Naval Research Laboratory. Supporting Information is available online from Wiley Interscience or from the authors.
A new method for the parallel fabrication of carbon nanotube (CNT) electronic devices is described. Self-assembly via magnetic entrapment exploits magnetic fields generated within micrometer- or nanometer-scale devices for the controlled deposition of susceptible species onto predefined contacts (see Figure). The fabrication of carbon nanotube field-effect transistors (CNFETs) using this method are discussed.


text:
matt gs Photographer
Alexandra SwansonModel Female Portland, Oregon, US
My MM URL: http://www.modelmayhem.com/alexmswan
Mayhem # 2213412
About MeThank you for taking the time to look at my profile.. I really appreciate it.
When doing a shoot, I want to make it fun and exciting.
I am open to many ideas!
I try to be unique; I want to be someone interesting without trying to be someone else. I can be shy or adventurous; it depends on the day. I do my best in all I do, if you would like to work with me I hope to make it a lot of fun!
Have you worked with Alexandra Swanson? Add Credits for Alexandra Swanson! >>
matt gs Photographer
Eddie Flowers Photographer
Sree Photography Photographer
Cid Crow Photographer
ms-photo Photographer
Collett Christine Model
Loading Content


text:
Naughty Dog has just announced via their blog that they have pushed updates to many of the multiplayer maps in UNCHARTED 2 that will address several exploits. Say goodbye to the "glitching our of maps trick".
The update will sync while loading the multiplayer game, this is not a title update.


text:
Category:Chess woman FIDE Masters
From Wikipedia, the free encyclopedia
This category is for chess players who, as highest achieved title, hold the Woman FIDE Master title.
Pages in category "Chess woman FIDE Masters"
The following 20 pages are in this category, out of 20 total. This list may not reflect recent changes (learn more).


text:
Lease this WebApp and get rid of the ads.
Devin Tsang
Cartoon Wired Selfie Stick
Tue Oct 18, 2016 08:58
LAPUTA is one of the leading China cartoon wired selfie stick manufacturers and suppliers with one of the famous brands, and our productive factory is always able to produce newest cartoon wired selfie stick with reliable quality. Welcome to wholesale products from us.
Quick DetailsBrand Name: for mobile phoneModel Number: Mini Tripod / Lightweight, selfie stickPlace of Origin: Guangdong, China (Mainland)Use: Digital CameraMaterial: Aluminum, Aluminum alloy monopodCompatible for: Android 4.2.2 OS or Newer and iOSSize of product: 7 segment: 21-109cmProduct Name: Cable Selfie Monopod/Wired Selfie StickFolded Length (mm): 230Extended Length (mm): 1050Weight (g): 130Monopod Screw: 1/4" ScrewModel: Selfie Stick monopod + cable take polePackaging & Delivery
Packaging Details:
Packed in bag, or as your request.
Delivery Detail:
1~5 days after acceptance of payment
2015 new designed 3D Cartoon Extendable Handheld Selfie Stick MonopodProduct DescriptionFeatures
Model No.
Cartoon selfie stick
Product Name
Cable selfie monopod selfie stick
Flexible Height
Monopod Section
7 segments
Max. Load Capacity
about 500g
Aluminum, Aluminum alloy monopod
Black, white, orange, green, pink, blue and customized colors
Charging voltage
Battery capacity
45 mAh
Support Systerm
≥ Android 4.2.2 OS or Newer and iOS
Main Function
Autodyne by mobile phone
Our ServicesReturn Policy:We provide a free ONE YEAR WARRANTY for this item.Should returns be required:Step 1) Contact us via Alibaba.com's message centerStep 2) Provide as much detail as possible about the problem you are havingStep 3) Authorization to return the item will be issuedStep 4) Return the item for the agreed exchange or refund.Shipping:BY DHL, UPS, FedEx, TNT, EMS etcFor mass order delivery, can be optional with terms of Exwork, FOB, CNF, CIF by air or by sea based on the buyer forwarder or ourPayment:Paypal, Escrow for samples, small qty order or urgent orders at the buyer convenience .TT, L/C, Western Union for mass orders
Click here to receive daily updates


text: National Dog Day 2016 Quotes, Sayings, Photos: Today is Friday, and it marks the NDD, the day dedicated to celebrating the man's best friend. Also, it is an annual occasion marked to honor the dogs which play a major role in human's day to day life. The day came into existence because of the effort of pet expert Colleen Paige. It was started by him. Every year, it is … [Read more...]


text:
Kind of small but cute. I wish it was a little bigger but the quality seems ok. Will do well for the season.Read More
Los Angeles Lakers Dangle Logo Earring Set
Today: $10.99
Shop Overstock™ and find the best online deals on everything for your home and your family. We work every day to bring you discounts on new products across our entire store. Whether you're looking for memorable gifts or everyday essentials, you can buy them here for less. Not just anyone's mobile outlet, your mobile outlet.O.com ® Ethical Pricepoints ™


text:
We are visiting Peru (Lima, Cusco, Sacred Valley, Machu Picchu)in November and were wondering how effective a GPS unit would be.
I have a Garmin Nuvi 360 and can download additional maps.
Has anyone had experience using a GPS unit in Peru?
Recent Activity
- Announcement:
- Recent Spam Attacks
by mkataoka | Posted on Nov 28, 16 at 01:31 PM
- 1 Seek Suggestions on Trip to Machu Picchu
- 2 Avenue of Volcanoes
- 3 Galapagos and Machu Pichu Itinerary Suggestions
- 4 Machu Picchu in January
- 5 Dining in Medellin
- 6 Medellin's hidden Parque is lovely
- 7 Travel with Children to Galapagos
- 8 Christmastime in Santiago/Valparaiso - what to do, where to stay
- 9 Colca Canyon Earthquake
- 10 Rainbow Mountain (Vinicunca), Peru
- 11 10 days in Santiago, Easter Islands, San pedro de atacama, doable?
- 12 santiago chile area
- 13 Beach walk in Rio - Copacabana or Ipanema?
- 14 Reflections on our South America trip
- 15 One Day in Santiago/Tour Guide
- 16 Driving from Santiago to Peurto Montt
- 17 Chile: first cut a travel plan
- 18 Argentina and Bolivia in February and March?
- 19 visit in the area of Campinas,Brazil and weather
- 20 Buying show tickets to Cafe Tortoni
- 21 Iguazu Falls-"Best" Way to Reach/See
- 22 Time in Lima, then Guayaquil, Manta
- 23 One week in Cartagena?
- 24 Argentina 3 week Itinerary
- 25 One day in Buenos Aires and Tango Experience
GPS in Peru??
Report Abuse
Hi ambage!!
From what I can gather, most people either use taxis or private drivers/guides to get around, but I've read a few posts where folks said they thought it would be pretty easy to navigate around the Sacred Valley and would definitely consider driving themselves on a subsequent visit. I've read Cusco, itself, gets pretty confusing with lots of one-way streets and variable traffic, so few visitors attempt to drive there...
I hope you get some good answers to the GPS question! I remember reading a fairly recent trip report here by someone who rented a car for the Sacred Valley. I think it was luv2globetrot. Hopefully, she'll chime in.
We've driven through downtown London and figured out how to put a car into reverse in Ireland, so how bad could Peru be?!
Report Abuse
Here I am, chiming in
We DID rent a car upon leaving Cusco and drove ourselves throughout the Sacred Valley.
You won't need a GPS. The roads are very easy to navigate and there really aren't that many roads throughout the Sacred Valley.
Everything is signed and very straightforward. We never got lost...well we had a bit of stress on the way out of Cusco but once outside of the main area of town it was a piece of cake the rest of the way!
Here's the link to my trip report:
Good luck and
happy, safe travels
Report Abuse
Thanks so much for responding, luv2globetrot! I had read your trip report and looked at your photos at the beginning of the year. Your report offered some terrific inspiration to plan my own Peru trip this year.
It's probably not apparent from my previous post on this thread, but ambage and I are actually travelling to Peru together so your information benefits us both.
We will probably pick up a rental car at the airport and head straight to the Sacred Valley to start the acclimation process at a lower altitude. We'll be needing to pick up MP train tickets. Is the train station going to be tough for us to find and navigate to in a rental car? Should we taxi to the station first and then pick up the car??
Thanks for any further insight you can provide. I re-read your trip report this morning and am so excited for Peru!
Report Abuse
Gosh, I can't really remember where the little building was where we picked up our train tickets.
We were picked up at the airport by someone from our hotel and they drove us to the place where you pick up train tickets. It wasn't actually AT the train station.
Ans since we had just arrived, I had no idea where I was since I didn't have my bearings yet.
Hopefully someone else can help you with that.
Sorry I couldn't help
You'll love Peru!! Have a great trip!
Report Abuse
Thanks anyway, luv2globetrot! We'll get it figured out.
Report Abuse
We bought our tickets at San Pedro train station is a 15 min walk from, Plaza de Armas maybe 5mins by car. It is an OK part of town and easy enough to find if staying in Cusco but I would not be that keen on trying to self drive from the airport as one wrong turn and you could end up in parts of Cusco you really wouldn't like. We made the trip from Ollantaytambo to Cusco by car maybe 6/7 times when we were doing some voluntary work there and each time the driver would lock his doors when passing through certain areas and warn us not to go there alone. On a couple of occasions we did get people trying to get into the car when stopped at junctions - !taxi sharing is the done thing in Peru!) but this was in an unmarked car.
I really don't think a GPS will help much in Cusco although it sould be fine in the SV as there are no too many roads anyway
Report Abuse
When you get to the point of comparing self-hire costs vs a driver/guide for the days you want to explore, and the fact that a car is of no use at all when visiting Machu Picchu (since you can't get it there), you may change your mind.
Report Abuse
If you already have a GPS, suggest you load these free maps:
Sign in to comment.


text:
N. prodotti: 0
Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Official Journal of the International Union of Angiology, the International Union of Phlebology and the Central European Vascular Forum
Indexed/Abstracted in: BIOSIS Previews, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 0,899
Periodicità: Bimestrale
Online ISSN 1827-1839
Rabbia C. 1, Valpreda S. 2
1 Department of Vascular and Interventional Radiology, "San Giovanni Battista" Hospital, Turin, Italy
2 Department of Internal Medicine I, "San Giovanni Battista" Hospital, Turin, Italy
Renal artery stenosis is the most common cause of potentially remediable secondary hypertension. The most common causes include atherosclerosis and fibromuscular dysplasia. Particularly the atherosclerotic form is a progressive disease that may lead to gradual and silent loss of renal functional tissue. Thus, early diagnosis of renal artery stenosis is an important clinical objective since interventional therapy may improve or cure hypertension and preserve renal function. Screening for renal artery stenosis is indicated in the suspicion of renovascular hypertension or ischemic nephropathy in order to identify patients in which an endoluminal or a surgical revascularization is advisable. In the recent years many noninvasive tests have been proposed and evaluated in the clinical practice, in alternative to arteriography. These include nuclear scan, color Doppler sonography, CT angiography and MR angiography. Sonography is usually the first diagnostic modality for the non invasive evaluation of renal vascular disease with 95% sensitivity and 90% specificity when performed in dedicated laboratories. Despite sonography is highly affected by operator dependance, and it takes a lot of time to train good operators, actually is the best screening test because it is not expensive, non invasive and accurate. When a discrepancy exists between the clinical data and the results of US, other tests are mandatory.
lingua: Inglese


text:
Opportunity to own and operate a fine dining, gourmet restaurant. Established and popular with the locals. Great beachside location. Hosts corporate parties. Long list of restaurant rewards. Extensive wine list, with cozy liquor bar. Seating for 50 inside and out. Sous chef familiar with all recipes for easy transition. A must see!
Inventory: $5,000 (included in the asking price)
Lease/Month: $2,099
Sq Ft: 1,250
Bldg Type: Strip Mall
Terms & Options: 5 year w/1 option
Expiration Date: 2/1/2017
Leasehold: $85,000
Financials (USD)
Asking Price $269,000
Sales $477,302
Profit $118,164
You May Also Like
Full Service Lunch & Dinner Restaurant #454010 posted Sep 16, 2016
- Florida, United States
- $1,349,000
Outstanding and beautifully decorated full service lunch and dinner restaurant in desirable Sarasota County. This establishment boasts over 300 inside seats as well as additional seating outside. Well known iconic restaurant with thousands of loyal customers. Menu includes everything from salads, seafood,...
Ice Cream & Gelato Shop #453676 posted Sep 12, 2016
- Florida, United States
- $195,000
Ice Cream/Gelato Shop located in one of SW Florida's best recognized beach communities. Location also serves coffee, espresso and some pastry items. Can add candies, popcorn or other items to increase business and traffic flow. Business has off street parking in this extremely busy tourist spot. Great...
Italian Restaurant and Pizzeria #451763 posted Aug 16, 2016
- Florida, United States
- $300,000
Full service Italian Restaurant and Pizzeria. Located in a busy Publix Shopping Center. Authentic NY style pizza. Carry out and dine in. Excellent reputation and outstanding customer service sets this restaurant apart from the competition. Great food, quality ingredients at reasonable prices. Serving...
Did you know that social networking is a great way to buy a business? Sign up now and we'll show you how.
Suggested Searches
Disclaimer: MergerNetwork has not independently verified any of the information in this listing and makes no warranty as to its accuracy or completeness.


text:
Plastic food storage bags make great shoe covers when you're working in the muddy garden. Slip 2 bags over each shoe and secure them with rubber bands around your ankles. Instead of dealing with muddy boots, just discard the bags when you're done outside.
By Joesgirl
That sounds like a perfect idea.I will certainly try that this summer.Thank you so much.
Another good idea is disposable shower caps, which already have elastic in them....
What a GREAT idea!! Needless to say, with Nova Scotia
weather and our garden, I go through garden shoes daily.
From an Eastern Canadian Gardner
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
Imagine relaxing on your secluded verandah watching the birds flit by.
Let your eyes gaze on the grand vistas and sweeping mountain views, then roam the spectacularly scenic 160 acre farm and vineyard.
Now you might be inspired to take a karri forest walk, or climb the majestic peaks that rise above our property.
Right on your doorstep, adventures into the Porongurup Range National Park await.
Nestled into this inspiring landscape of the Porongurup mountains, Thorn's Mountain Retreat offers two wonderful character cottages with everything for your comfort.The Pioneer Cottage and the Hillside Cottage are perfect for couples or families and offer different surrounds and accommodation styles.
Thorn's Mountain Retreat has long been a favourite destination for lovers of nature and wild mountain scenery. Bird watchers, walkers, climbers, adventurers, wine lovers- and people just wanting a relaxing and rejuvenating break from the pressures of everyday life – all find what they seek in this magical place.
Would you love to retreat from the digital world for a while? The high mountains create very limited mobile and internet reception.Of course you can always access our internet if needed.Seeking a digital refuge is a growing trend.
Contact us now to book your very own mountain retreat.
Take a tour
To get the full picture, enjoy our video below, which shows both the Pioneer and Hillside cottages, as well as our Albany Waterfront villa, plus many of the wonderful activities available in our region.
If you are looking for a luxurious seaside escape on the outskirts of Albany then check out Albany Waterfront Villa


text:
Italian translation of evaporated milk
Example Sentences Including 'evaporated milk'
He bought a small tin of evaporated milk and returned glumly down the hill.MR GOLIGHTLY'S HOLIDAY (2003)
Since Sam Noble had drained the tin of evaporated milk dry, if there was to be coffee, it meant another trip to the shop.MR GOLIGHTLY'S HOLIDAY (2003)
Trends of 'evaporated milk'
View usage over:
Translation of evaporated milk from the Collins English to Italian Dictionary
Log in to comment on this word.
Join the Collins Community
All the latest wordy news, linguistic insights, offers and competitions every month.
Read more
Nearby words of 'evaporated milk'
- evangelist
- evangelize
- evaporate
- evaporated milk
- evaporation
- evasion
- evasive


text:
Has anyone done this in the past few days.
I would like to receive information about whether there are also in the area.
I want to plan a March in this section in three weeks.
Thank you
Wanna join the discussion?! Login to your Long distance hiking trails forum accountor Register a new forum account. Or Connect via Facebook
In the fertile year but anemones getting green zone after the rains of the past week. I hope through the lakhish region next week
Or is that him and can tell if there's a lot of rash.
This Saturday we're doing this to Tel azekah Govrin
Report your forum next week.
Hello to everyone
Last Saturday we did section 7.03 Tel azekah until Tel Goded
The weather was hot but very tolerable and even walking.
Since it's a relatively high zone, over 300-350 m today.
Breeze that relieving marching
The area blooms with cyclamen well have macabim municipalities and even tulips
Unfortunately almost no queer thing anemones as this season in all previous years


text:
Added to Shopping Bag
100% Wool Side Zipper No Pockets Cigarrette Trouser Pants
Listed by Penny Lane
Size: 8 (M, 29, 30)
Price: $80.50
Returnable for Site Credit.
You can request a return for Tradesy Site Credit within 4 days of delivery. FREE return shipping.
If your item was misrepresented in any way, you can file a misrepresentation claim. Tradesy will investigate and you'll be eligible for a Full Refund.
Shopping Bag :
Reserved for -:--
100% Wool Side Zipper No Pockets Cigarrette Trouser Pants
Shipping Included This item ships with a Tradesy label. Learn More
Pay with Credit Card, PayPal, or Affirm.
- Odor
This item has visible signs of wear
Fully lined. Charcoal brown. Very soft to the touch. Invisible side zipper and double hook closure. Slit opening on leg bottoms. 14" across the waist; 38.5" long; 27.5" inseam. 20.5" across hips. From Nordstrom. Tradesy's suggested price $115
Style Tags:
Classiques Entier, 100%, Wool, Side, Zipper, No Pockets, Cigarrette,
Have a similar item? Sell Yours
Feel free to return this item for any reason and get Tradesy Credit. Use your credit to buy something that makes you happy. Just a head's up, purchases outside the U.S. are Final Sale.See Return Policy
Our Guarantee
Get what you ordered, or your money back. We'll give you a full refund if the condition, style, or authenticity of an item are misrepresented in any way.**Only applies to U.S. purchases. Learn More
You Might Also Like
Rebecca Taylor
Lindsay Floral Silk Tiered Size M Bnwt Orig $295.00 Skirt
Size: 8 (M, 29, 30)


text:
1005 E E. Dania Beach Blvd. # 020 Dania Beach, Florida 33004
Amazing Views luxury Condo-Hotel only 20 exclusive units... large units with luxury finishes enjoy relaxation by the Pool, Gym, Steam Room or Book an appointment at the Spa. Just 45 second drive to the beach, marina, restaurants, Dania Casino just 800 feet away. unobstructed views fro life in the Preserve. LARGE UNITS ( GREAT INVESTMENT PROPERTY ) Don't miss out on a great price make income and enjoy the beach area . PRE-SALES NOW...RESERVE BEFORE ITS TOO LATE..ONLY 20 UNITS GOES QUICK.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
Yeti Sports 8 - Jungle Swing
Played 4034 times
Yeti Sports 8 - Jungle Swing game information:
There can only be one! And next to Yeti, Tarzan looks pretty old... in the last but one part of the Yetisports World Tour, Yeti is swinging in the airy heights of giant jungle trees. Under these heavy conditions the penguins left their place to their parrrot relatives this time and only comment the szene from the side. And Yeti? He is struggeling hard once again because you know the saying ?if you fly high, you can fall deep?.
How to play:
Add this game to your website or blog!
Popular Tags
Latest Games
- Bart Shootout
- The Hulk Differences
- Princess doll house 2
- American Trucks Memory
- Sailor Ship Escape
- Defend Kindom Wars
- Deadpool Jigsaw
- Offroad Race Truck
- House Cleaning
- Kings Castle 20
- BMW F32 Jigsaw
- Art Gallery Escape
- Fairy Beauty Salon
- Daredevil Jigsaw
- Semi Truck Jigsaw
- Lexus RS 350 Jigsaw
- Land of the Monsoon
- Kings Castle 19
- Italy Palazzo Escape
- Kings Castle 18
- Steven Adventure 2
- The Flowers of Paris
- Hendersons House
- Cindrella Hidden Objects
- Abandoned Theater Escape
- Phantom Jigsaw Truck
- Silverado Jigsaw
- Fireman Kids Western
- Elsa's Cuisine
- Dora Find Flying Castle


text:
119 Ronan Road, Highwood IL, 60040
3 beds , 2 Full/1 Half baths
2,168 sqft
Status: Active
Last Updated: 12/4/2016 10:03 AM
Description for 119 Ronan Road Highwood, IL 60040
Fort Sheridan historic former stable master's home totally aesthetically & masterfully redone approx 16 years ago when an addition was added to include large kitchen, breakfast room, stone fireplace, master suite, 2+car heated garage & basement/storage under kitchen/breakfast area. Some of the many special features: welcoming front porch, hardwood floors in all rooms, wood shutters on most windows, charming private master with 2-parted bath, many skylights, fenced bluestone terrace/patio. Fabulous efficiently planned U-shaped kitchen has cherry cabinets, granite counters, gas-5 burner Thermador cooktop, built-in double oven, French-door refrig, lots of seating at breakfast bar which opens to a breakfast room where the stone fireplace is visible from both areas. Stone steps lead to 2nd floor bedrooms & laundry. The huge room there could easily be used as a 3rd bedroom by enclosing & adding closet. Enjoy the Fort's spectacular grounds bordering the lake, trails & forest preserve!
2 Full/1 Half
2,168 (approx)
Listing Information
Concrete Foundation, Othe
Other, Lake Michigan
Public Sewer
School Information
Room Information
Breakfast Bar, Galley Kitchen
Whirlpool Bath, Bidet
Interior Features
Double Oven, Microwave, Dishwasher, Refrigerator, Washer, Dryer, Disposal, Humidifier
Hardwood, Ceramic Tile, Stone
Central Air, Ceiling Fan(s)
Gas Heat, Forced Air
1, Wood-burning, Gas Starter
Security System,
Exterior / Lot Features
2 Garage Spaces,
Shakes, Brick, Stone
Fenced Yard
Landscaped Professionally, Other, Asphalt, Alley, Wooded, Curbs & gutters
Driving Directions
Enter Ft. Sheridan entrance at Old Elm & Sheridan Road. Right on Lyster (1st street). Left on Ronan
Financial Considerations
Listing Price History
Highwood Real Estate
Highwood is located in Illinois. Highwood, Illinois 60040 has a population of 5,396.
The median household income in Highwood, Illinois 60040 is $58,721. The median household income for the surrounding county is $79,085 compared to the national median of $53,046. The median age of people living in Highwood 60040 is 34 years.
Loading nearby sales and history ...
Ask a Question?
Start a no spam email conversation
Nearby homes for sale
Highwood Real Estate
Nearby Communities