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It started with a question in a dark bar. Over manhattans and margaritas, at a friend's birthday happy hour, my friend A and I were talking about traveling. Her last international big trip was to Australia in 2011 with a group of friends, mine was to Peru in September. A few days before this conversation, I was trying to answer the question, "How did I want to travel?" After Peru, I knew that a group tour wasn't for me and I've done the solo thing. I had found a fun, solid group of friends in San Francisco and thought – I'd really like to travel with my friends.
After sharing past stories, we paused and I can't remember who brought it up, but we shared, "What do you think about going somewhere together this spring?" which led to "where do you want to go?" and then "have you ever been to Italy?" I had only been for three days in Rome in 2010 and thought – that'd be a great place to travel with friends – Europe is relatively easy and safe, not too much culture shock to wade through so we can have fun and soak in the days. A had been there before with her family and when I said, "I'd really like to go to Florence," she squealed "I looooooooove Florence!" And so the idea was born: Florence, and Tuscany sometime in April or May. Sardinia was added to the itinerary when I realized I needed some beach time and we both had two weeks of vacation to use versus one.
This post is about the evolution of our trip: how we are planning a trip to Italy, specifically an Italian itinerary of Milan, Florence, Tuscany, and Sardinia for two weeks.
Finding Inspiration
Now that we knew where we wanted to go, what did our trip look like? What did we all want to do? As soon as we decided on our main destinations, I started to collect ideas. We knew that we wanted to see the big sites in Florence, especially the Uffizi Gallery.
I wasn't convinced about spending too much time in Milan. I knew about the city from various Fashion Week headlines, but the city never came with the same breathiness from travelers when they talked Rome, Venice, or Florence. A call to my best friend B, who lives in Europe, resolved any worries. She considered Milan to be a city that was perfect for seeing how Italians lived – that it was very easy to get off the tourist path and frequent the same restaurants and shops that Italians went to. That's not the easiest thing to do in tourist-soaked Rome.
I searched my own magazine library and found the National Geographic Traveler cover story on the Heart of Milan and I was convinced that we needed to see more of it than the airport.
In Tuscany, I wanted to sit on a patio with a bottle of Chianti and watch the setting sun over vineyards and olive groves. I wanted to eat under a trellis with A and fellow travelers, passing bottles of locally grown olive oil and plates of salty pasta and roast vegetables. I had heard of renting villas in Tuscany, but our budget was more farmhouses – and I was introduced to the wonderful world of the agriturismos. These are working farmhouses throughout Italy that have been converted into pensions and apartments for guests. They have swimming pools, kitchens, and those trellised patios with high views.
And then, to get us extra excited, I started a Pinterest Board to collect ideas and inspiration on what to do and where to eat.
Trip Dreaming Tips
- Talk to people who have been there
- Pick up travel magazines and coffee table books to start seeing where you're thinking of going
Deciding Where and When to Go
We went from dreaming to planning over bottomless mimosas. One might think that this is not conducive to a sound itinerary, but it is. Over brunch, we talked openly about the places and activities that could make up our trip. Then, we started to map out the trip. We referred to the maps in the Lonely Planet guidebook and Google Maps on our Smart phones to estimate distances. A train from Milan to Florence looked like the best option. Lucca was in, but then it was out because it was too far for too short of time. We settled on looking at an agriturismo near Siena and touring to the south of Florence. Then, I brought up the idea of Sardinia for the last week and A found a ferry service that would get us from Livorno to the island.
I wrote out the days roughly in my Moleskine to layout the trip. Since we didn't know the exact dates yet, I numbered the list by days – 1,2,3…to 10 and then the place next to it. This method established our pace. The trip took shape.
After the brunch session, A and I g-chatted about dates, checked with our bosses, and reviewed plane schedules. I had miles to use and A had a trip credit. We had to use United, but checked to see if the prices were competitive by using Kayak.com. I booked online through the rewards site and A called a very helpful customer service agent who made sure we were on the same flight.
Trip Planning Tips:
- Refer to maps and a good guidebook
- Layout the trip by days to estimate pace and duration
- Collaborate on dates and places that work for all travelers
Arranging Lodging and Transportation
It was time to start our itinerary and get to down to laying out the exact trip. I borrowed an itinerary format I had seen used on group trips before: lay out the dates and consider the transit time and keep track of lodging, confirmation numbers, and days of travel.
I set up a shared Google spreadsheet with eight columns: Day, Date, Description, Lodging, Transportation,K Money Down, A Money Down, and Confirmation Numbers. The rows go day by day and describe what we are doing, where we are staying, and how we are getting there. We also kept track of any money we were each putting money down on hotels and transport that we would split up later.
We divided the tasks: A took Milan and Florence and I took Tuscany and Sardinia.
Lodging: We used Expediaand agriturismo.net. Expedia has reviews like Trip Advisor so we could get a sense of the place. Agriturismo.net is a huge site of all the agriturismos in Italy. It shows pictures, reviews, activities, and extensive filtering. The site has nice feature where after I contacted one agriturismo, the site asked me if I'd like to be contacted by places that meet the criteria. I said yes and soon I was getting emails from lodge owners saying that they had space for me. Several days later, I had a confirmation. Based on my experience with Airbnb.com in other cities, I would recommend using them.
Transportation: We had a variety of planes, trains, and automobiles to book. For Milan to Florence, we used Italiarail for train travel. A booked the car through American Express Travel because she used them through her work. If we had to book on our own, I found this very helpful article on how to rent a car in Europe. Then, I researched ferry services and found Corsica Ferries to get from Livorno to Sardinia overnight. The majority of our entire trip budget is going to the rental cars, but we are short on time and it's the easiest way to get around.
- If you can, use a variety of resources – ask your boss if you can use resources through your company to save money on travel.
- Never e-mail your credit card or bank details to anyone – email is unsecured. A had to fax a copy of her credit card and I sent a wire transfer via the official instructions on the booking site for only 20% of the final price.
- Europe has many budget airlinesthat can be cheaper than trains or rental cars.
- If a trip is going to take more than 7 hours, consider taking an overnight train or ferry to money – it saves on hotel costs and a day of travel.
Typically, it's lodging and transportation that I only book in advance, but the Uffizi and the Michelangelo's David require reservations far in advance, so I booked these tickets two months in advance
The Itinerary:
We leave in a month, have the skeleton of our trip booked, and are going to see these beautiful places in Italy.
- Day 1: Arrive in Milan and settle in, night in Milan
- Day 2: Tour Milan, specifically the Doumo and the Galleria Vittoro
- Day 3: Leave Milan via train to Florence, night in Florence
- Day 4: First day in Florence and a visit to the Uffizi Gallery reserved in the morning
- Day 5: Visit to the David in the morning
- Day 6: Pick up rental car and head to Siena, Tuscany
- Days 6-9: We are going to ask around and find what towns to hit, but also chill around the agriturismo and do some bike riding
- Day 9: Leave Tuscany, return car to Florence, and take a train to Livorno. At night we depart for an overnight journey to Sardinia
- Day 10-13: Sardinia
- Day 14: Fly Easyjet back to Milan and then onwards!
What to do?
I'm also taking along my favorite series of guidebook: DK Eyewitness Travel Guide: Italy
. I love these books because they have pictures and details explaining the major sites and neighborhoods. Their food and drink sections show an overview of local specialities (with pictures). I find it much more helpful in country than lists because I can visualize what I'm going to experience.
Overall, since that conversation in the dark bar, this trip has taken about a month in duration to plan and about 5 hours of effort for each of us. Now that the Italy trip is in view, I'm back to the dreaming phase of all we are going to see and do!
I Recommend These Italy Tours:
Iconic Italy –> "Experience two inspirational weeks in Italy, connecting with the some of the greatest cultural highlights in the world. Get in touch with the ancient past alongside an archaeologist among the ash-preserved ruins of Pompeii, marvel at Renaissance treasures in iconic Venice and enchanting Florence, and stop and smell the lemons in the quaint cliff-side villages of the Amalfi Coast. Introduce yourself to the Italian lifestyle and it'll remain with you always. "Learn More About The Trip>
Local Living in Southern Tuscany –> "Experience life the local way and you'll experience a Tuscany that most tourists miss. This trip offers plenty of opportunity to get your hands dirty during a cooking class, as youll learn to prepare and enjoy this picturesque regions culinary and viticultural delights. Peruse the local markets and delis in search of the finest organic fare, sample wines in the very vineyards that produced them, and work off all that deliciousness with walks through some of the worlds most beautiful scenery. Just start forwarding your mail here now. "Learn More About This Trip >
Photocredits: Photo by MojoBaron on Flickr


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Sleeping Beauty at Richmond Theatre
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Day 4: Less cobblestone and more academia
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October 31, 2006
ELIZABETH FISHER, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF RAY E. FISHER, DECEASED, PLAINTIFF,v.UNITED STATES OF AMERICA, ET AL., DEFENDANTS.
This matter is before the Court on a motion for summary judgment by the United States of America (Doc. 25) and a joint motion for summary judgment by Jackson County and the Jackson County Department of Highways (collectively referred to as Jackson County) (Doc. 31). Elizabeth Fisher, the independent administrator of the estate of Ray E. Fisher, deceased (Fisher), has responded to defendants' motions (Docs. 33, 34). For the following reasons, these motions will be DENIED.
Ray E. Fisher (the decedent) died in an automobile accident at the intersection of McMahon Road and Dowell Road (the intersection) in Jackson County, Illinois, on October 4, 2004. His vehicle collided with a vehicle driven by Janice Jeremiah, a rural mail carrier, as she proceeded west on Dowell, into the intersection. Traffic on westbound Dowell was unrestricted; the stop sign that should have been standing on McMahon was on the ground and out of sight. Dowell is larger than McMahon, a narrow gravel road, but the parties disagree over how it should be characterized. The United States refers to Dowell as a "preferential," paved road.
Fisher calls it an "an oil and chip surface," and denies that it was the preferential road.
Fisher claims her decedent had the right of way pursuant to the statute, 625 ILCS § 5/11-901, which gives drivers approaching an unprotected intersection from the right the right-ofway. She contends that by failing to yield to his right-of-way, Jeremiah acted negligently when she entered the intersection. Because Jeremiah was acting within her capacity as a federal mail carrier at the time of the accident, Fisher claims the United States is liable for her alleged negligence. See 28 U.S.C. § 2671 et seq. Fisher also claims that Jackson County is liable for the accident because it negligently installed the stop sign on McMahon.
I. Summary Judgment Standard
Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); see Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Spath v. Hayes Wheels Int'l-Ind., Inc., 211 F.3d 392, 396 (7th Cir. 2000). In determining the existence of a genuine dispute of material fact, the Court construes all facts in the light most favorable to the nonmoving party and draws all reasonable inferences in favor of that party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986); Spath, 211 F.3d at 396.
If the moving party meets its burden, the nonmoving party has the burden "to go beyond the pleadings and affirmatively demonstrate, by specific factual allegations, that there is a genuine issue of material fact which requires trial." Borello v. Allison, 446 F.3d 742, 748 (7th Cir. 2006) (internal quotations and citations omitted); Celotex, 477 U.S. at 322-26; Johnson v. City of Fort Wayne, 91 F.3d 922, 931 (7th Cir. 1996). A genuine issue of material fact is not demonstrated by the mere existence of "some alleged factual dispute between the parties," Anderson, 477 U.S. at 247, or by "some metaphysical doubt as to the material facts," Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Rather, a genuine issue of material fact exists only if "a fair-minded jury could return a verdict for the [nonmoving party] on the evidence presented." Anderson, 477 U.S. at 252; Insolia v. Phillip Morris Inc., 216 F.3d 596 (7th Cir. 2000).
II. The United States's Motion for Summary Judgment
Fisher has stated claims against the United States for personal injury and wrongful death. As she has brought these claims under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., Illinois law applies. 28 U.S.C. § 1346(b)(1).
The United States chose only to address the issue of breach in its motion, so the Court will similarly confine its inquiry. According to the United States, Dowell's preferential status clothed Jeremiah with the right-of-way without regard to 625 ILCS 5/11-901. See King v. Illinois Division of Highways, 30 Ill.Ct.Cl. 457, 1975 WL 20018 (Ill. Ct. Cl. 1975). More than this, it claims Dowell's status entitled Jeremiah to presume that the decedent would stop before entering the intersection even though the stop sign was down. See Salo v. Singhurse, 537 N.E.2d 339 (Ill. App. Ct. 5th Cir. 1989). Thus, it claims Jeremiah did not breach her duty of care when she drove into the intersection.
The United States's position is oversimplified and, ultimately, incorrect. To begin, its claims cannot be accepted because it has not adequately supported its contention that Dowell was the preferential road. It simply assumes -- presumably, because McMahon was a narrower, gravel road and Dowell was paved (or had an oil and chip surface) -- that Dowell was the preferential road. It offers no case or statutory law to support this proposition, though it is reasonably clear the United States has gleaned a hierarchy of road surfaces from King v. Illinois Division of Highways. There, the Court assumed that one of the roads at an intersection was the preferential road because it was a "2-lane concrete pavement and obviously a main road," while the other was "a narrow oiled street obviously . . . of secondary importance." King, 1975 WL 20018, at *4. This holding is relevant here, but on the facts before it now, the Court cannot say that McMahon was obviously a road of secondary importance. Depending on the circumstances (i.e., if Dowell was only a few feet wider than McMahon and not divided into two lanes) it might be unfair to presume that the decedent should have recognized Dowell as the preferential road. See id. The United States has failed to present the Court with sufficient facts or law to enable it to determine whether the differences between McMahon and Dowell were sufficiently stark to give rise to the presumption in King.
When two drivers enter an unprotected intersection (i.e., one without stop signs or other traffic signals) at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the driver of the vehicle on the right. 625 ILCS 5/11-901. When a stop sign is down or when traffic lights fail at an intersection, an intersection is unprotected for purposes of 5/11-901. E.g., Spiotta v. Hamilton, 256 N.E.2d 649, 651 (Ill. App. Ct. 2d Dist. 1970); Duewel v. Lahman, 430 N.E.2d 662, 665 (Ill. App. Ct. 2d Dist. 1981). If one assumes that Dowell was not a preferential road, then Jeremiah should have yielded the right-of-way to the decedent, as his vehicle was on her right. Under these circumstances, a jury could certainly find that her failure to do so was a breach of the standard of care.
Even if Dowell were the preferential road at the intersection, the United States would not be entitled to summary judgment on the record before the Court. Though a driver on a non-preferential road intersecting with a preferential road must yield the right-of-way to a vehicle approaching the intersection on the preferential road, the driver on the preferential road does not have an absolute right-of-way. Salo, 537 N.E.2d at 340. She too "must keep a proper lookout, observe due care in approaching and crossing intersections and drive as a prudent person would to avoid a collision when danger is discovered or, by the exercise of reasonable care, should have been discovered." Id. at 341. Salo itself, one of the three cases the United States cites in its brief, actually lends support to Fisher's position. In Salo, the plaintiff saw the defendant progressing toward him and nearing a stop sign on the non-preferential road. Id. As the plaintiff was proceeding on the preferential road and saw the defendant approach the stop sign, the court found that the plaintiff was entitled to believe the defendant would stop. The court suggested, however, that such would not be the case if the plaintiff had been proceeding toward the intersection at a rate of speed that would have affected her ability to see the defendant coming. Id. Thus, if an individual proceeds through an intersection at an unreasonable rate of speed, such an individual can be negligent without regard to her right-of-way.
This dictum in Salo was taken from a long line of Illinois cases which have held that a driver on a preferential road does not have an unqualified privilege to proceed through an intersection with a secondary or non-preferential road. E.g., Jenkins v. Bobrowicz, 422 N.E.2d 1132 (Ill. Ct. App. 2d Dist. 1981); Anderson v. Basham, 370 N.E.2d 1247 (Ill. App. Ct. 2d Dist. 1977); Fincham v. Cooney, 356 N.E.2d 445, 446 (Ill. App. Ct. 3d Dist. 1976); Gettemy v. Grgula, 323 N.E.2d 628 (Ill. App. Ct. 1st Dist. 1975); Thomas v. Consolidated Sch. Dist. # 429, 286 N.E.2d 536, 541 (Ill. App. Ct. 4th Dist. 1972); Gary v. Rogers, 243 N.E.2d 665 (Ill. App. Ct. 2d Dist. 1968); Pennington v. McLean, 158 N.E.2d 624, 627-28 (Ill. 1959). Because the right-of-way is not absolute, Illinois courts have repeatedly held that "it is the function of the jury to determine whether the judgment of the driver on the preferential road conformed to the standards of the reasonable and prudent man." Fincham, 356 N.E.2d at 446 (quoting Conner v. McGrew, 177 N.E.2d 417, 418 (Ill. App. Ct. 4th Dist 1961)); see also Grgula, 323 N.E.2d at 630.
In Fincham, the plaintiff's decedent, a passenger in a car on a preferential road with the right-of-way, died when the vehicle in which she was riding collided with a vehicle that ran a stop sign on an intersecting, secondary road. 356 N.E.2d at 445-46. The administrator of her estate sued the administrator of the estate of the driver of the car in which she was a passenger. On appeal, the court found sufficient evidence of defendant's negligence to present that issue to the jury, despite the fact that the defendant was on the preferential road. Id. at 447. The court based this conclusion on, among other things, defendant's unobstructed view of the intersection, the absence of skidmarks and the position of her wheels after the accident (they were pointed forward). It found that these circumstances were sufficiently probative of the defendant's negligence to let the case proceed. Id.
This conclusion was not unique. In Grgula, the defendant, proceeding on a secondary road, stopped at the intersection of that road with a preferential road, and then pulled slightly forward to get a better view of the traffic proceeding on the preferential road. 323 N.E.2d at 629. In doing so, he collided with the plaintiff, who was proceeding on the preferential road. The appellate court upheld the jury's verdict in favor of the defendant. It found that the plaintiff was contributorily negligent because he saw defendant's vehicle at the intersection and failed to honk his horn, slow down or take any other action to avoid the collision. Id. at 630. In short, it found sufficient evidence that the plaintiff proceeded recklessly into a known hazard. A similar verdict was upheld in Anderson v. Basham. There, the appellate court upheld a defendant's verdict even though the plaintiff, proceeding on the preferential road with the right-of-way, collided with the defendant, who was edging out into the preferential road after stopping at a stop sign. 370 N.E.2d at 1250-51. The court found that the plaintiff's "preferential right-of-way over drivers entering the highway was tempered by a duty to exercise ordinary care in approaching the intersection." Id. at 1250. As the evidence suggested that the plaintiff was driving between ten and fifteen miles over the speed limit in heavy traffic, the court upheld the verdict. Id. at 1250-51. In Thomas v. Consolidated School District No. 429, the court summarized the law as follows: the statute requiring a driver to stop at the entrance to the preferential highway and to yield the right-of-way to vehicles proceeding thereon neither imposes absolute liability upon the party driving upon the nonpreferential highway nor an absolute right-of-way, regardless of circumstances upon the party proceeding upon the preferential highway. 286 N.E.2d at 541.
Certain common indicators of negligence emerge in these cases: speeding, failing to keep a proper lookout, failing to brake to avoid an accident and failing to take evasive action to avoid an accident. Richard Allison, a passenger in the decedent's vehicle saw Jeremiah's vehicle approach the intersection and estimated its speed to be approximately 70 miles an hour. Though his testimony is unclear, Mr. Allison seems to indicate that he could see Jeremiah coming at least fifty feet before the intersection. Jeremiah, for her part, testified that she did not see the decedent's car until after the impact. She claims she was driving about 45 miles an hour at the time of the collision and did not brake before she hit the decedent's vehicle. Allison and Jeremiah clearly gave differing accounts of the accident. Though the parties do not refer to the speed limit in their briefs, the Court's review of the record has disclosed that the speed limit on Dowell was 55 miles an hour. If Jeremiah was traveling at 70 miles per hour when she entered the intersection, a jury could certainly find that her conduct was unreasonable. Further, though the exhibits make clear that Jeremiah was driving the larger vehicle (an SUV as opposed to the decedent's Ford Escort), that she did not see the decedent's vehicle approaching (given that Allison saw her approaching) supports the notion that Jeremiah was not maintaining a proper lookout. Thus, on the facts before the Court now, a jury could find that Jeremiah was speeding, failed to keep a proper lookout, failed to brake to avoid an accident and failed to take evasive action.
Whether Jeremiah was aware the sign was down is a disputed fact. Though she testified at her deposition that she did not know the sign was down, Fisher has introduced testimony from which a reasonable jury could conclude that she was or should have been aware the sign was down. Allison testified that he noticed the stop sign down on August 23, 2004, approximately five weeks before the accident. Deputy O'Leary, an officer who took stock of the accident scene, testified that the grass underneath the downed signed was dead and matted and that "weeds were grown up around" the sign as well. His testimony certainly supports Allison's contention.
Jeremiah drove through this intersection twice a day, five times a week. If Allison's account is believed, she traveled through the intersection at least 50 times without noticing that the sign was down. In light of this evidence, a jury could reasonably choose to disbelieve Jeremiah's testimony. This puts the case in another light entirely. If she knew the sign was down, certainly this would have required her to exercise more caution. The United States based its motion solely on the contention that Jeremiah did not breach the standard of care. As the discussion above shows, a jury could find that Jeremiah breached the standard of care in this case. Her culpability is a question for the jury.
II. Jackson County and the Jackson County Department of Highway's Joint Motion
Jackson County claims that it is immune from Fisher's claims under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/2-201. Under this Act, "a public employee serving in a position involving the determination of policy or the exercise of discretion is not liable for an injury resulting from his act or omission in determining policy when acting in the exercise of such discretion even though abused." As it claims its replacement of the stop sign in 2003 was a discretionary act, see Francis v. Mills, 573 N.E.2d 323 (Ill. App. Ct. 3d Dist. 1991), Jackson County contends that it cannot be held liable in this action even if its employees negligently replaced the sign. Like that of the United States, Jackson County's position is oversimplified and, therefore, incorrect.
The Act does not immunize government officials from the negligent performance of their ministerial duties. Snyder v. Curran Township, 657 N.E.2d 988, 992-93 (Ill. 1995). Though the distinction is not very clear, ministerial duties are often defined as "those which a person performs on a given state of facts in a prescribed manner, in obedience to the mandate of legal authority, and without reference to the official's discretion as to the propriety of the act." Id. at 993. As Illinois has adopted the Illinois Manual on Uniform Traffic Control Devices (the Illinois Manual) and required that those erecting traffic signs comply with its terms, the manner and method of their installation is a ministerial duty. 625 ILCS 5/11-304; Governmental Interinsurance Exchange v. Judge, 850 N.E.2d 183, 195, 196 (Ill. 2006); Snyder, 657 N.E.2d at 990-91. As stated in Corning v. East Oakland Township, 670 N.E.2d 350, 352 (Ill. App. Ct. 4th Dist. 1996), "[O]nce having undertaken the construction of public highways and traffic control devices, public entities have a duty to install and maintain them with reasonable care." See also Ellison v. Village of Northbrook, 650 N.E.2d 1059 (Ill. App. Ct. 1st Dist. 1995) (same). Accordingly, Jackson County is not entitled to immunity under the Act.
As Jackson County chose to base its motion solely on governmental immunity, its motion fails. In any event, Fisher has introduced various provisions of the Illinois Manual, the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction and the testimony of several experts, which, when coupled with the testimony of Richard Huppert (the Jackson County employee who installed the sign in question), affirmatively demonstrate the existence of disputed material facts precluding summary judgment. Jackson County's motion is DENIED.
The United States of America's motion for summary judgment (Doc. 25) and Jackson County and Jackson County Department of Highways's joint motion for summary judgment (Doc. 31) are DENIED.
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September 11, 2007
RODNEY BRADSHAW, PLAINTIFF,v.MIKE JOHANNS ET AL., DEFENDANTS.GEORGE HILDEBRANDT, JR. AND PATRICIA HILDEBRANDT, PLAINTIFFS,v.MIKE JOHANNS ET AL., DEFENDANTS.
These two related cases were referred to me for discovery. Currently pending and ready for resolution in these consolidated cases are the government's two motions to dismiss or for other sanctions. These motions are both captioned Defendants' Motion for Dismissal or other Sanctions Pursuant to Fed. R. Civ. P. 37(b)(2) and 41(b).*fn1 For the reasons stated below, I recommend that both motions be denied without prejudice while plaintiffs first comply with Rule 6(b) of the Federal Rules of Civil Procedure.
Plaintiffs in these two actions bring these suits against Mike Johanns, the United States Secretary of Agriculture, alleging*fn2 that the United States Department of Agriculture ("USDA") violated the Equal Credit and Opportunity Act of 1972 ("ECOA"), 15 U.S.C. § 1691.*fn3
After a discovery status held on December 4, 2006, this Court stayed all deadlines and ordered (inter alia) that:
1. Plaintiffs' counsel correlate, by January 5, 2007, the documents previously produced in response to Defendants' First Set of Requests for Production of Documents to the specific requests propounded in accordance with Rule 34(b) of the Federal Rules of Civil Procedure.
2. Plaintiffs' counsel correlate, by January 5, 2007, the answers previously given in response to Defendants' First Set of Interrogatories.
3. Defendants' letters to plaintiffs' counsel, dated August 30, 2006, be deemed motions to compel, and plaintiffs' counsel's arguments the opposition thereto.
4. Plaintiffs' counsel shall, by January 5, 2007, either supplement any previously answered requests for production of documents or interrogatories as detailed in the defendants' counsel's August 30, 2006 or show cause in writing by the same date, why he should not be required to do so.
5. Plaintiffs counsel shall provide defendants' counsel with signed copies of his discovery responses.
On January 5, 2007, the deadline for compliance with my Order, nothing happened. On January 12, 2007, defendants, having heard nothing, filed their motions for dismissal. Plaintiffs then filed two motions for extensions of time within which to file their oppositions. While both motions were granted, it is true that, as defendants note, "neither of Plaintiffs' enlargement motions requested additional time to comply with the Court's December 22 order, directing Plaintiffs to supplement their discovery responses." Defendants' Reply Memorandum of Points and Authorities in Support of Their Motion for Dismissal or Other Sanctions Pursuant to Fed R. Civ. P. 37(b)(2) and 41(b)*fn4 at 3. Instead, on February 12, 2007, plaintiffs moved for a third extension of time to file their opposition to defendants' motions and, for the first time, requested an enlargement of time within which to file their supplementary discovery responses, now overdue by more than a month.*fn5
The Court granted that motion and plaintiffs' provided defendants' counsel with supplemental responses to the first set of interrogatories in both cases on February 23, 2007. On that same day, plaintiffs moved for a one day enlargement of time within which to deliver discovery. It was granted and responses to the first set of requests for production of documents were received on February 26, 2007. The Court now realizes, however, that its granting of plaintiffs' motions to enlarge the time within which plaintiffs had to comply with the Court's December 22, 2005 Order was an abuse of discretion.
Since the applications to enlarge the time within which to comply with the Court's order were filed after January 5, 2007, the deadline for complying with the obligations imposed by that Order, they had to be accompanied by a motion establishing that the failure to act in accordance with the deadlines was "the result of excusable neglect." Fed. R. Civ. P. 6(b).
In Smith v. District of Columbia, 430 F.3d 450, 457 (D.C. Cir. 2005), this Court granted a motion for summary judgment that had been filed long after the deadline for filing had passed.
The Court nevertheless granted the motion and attempted to alleviate the prejudice caused plaintiff by awarding her attorneys fees for the work her lawyer did that she would not have had to do had the District of Columbia not filed its motion when it did. The Court of Appeals, however, reversed the grant of summary judgment and indicated that Rule 6(b) means exactly what it says:
We have been quite deferential to Rule 6(b) decisions in the past, even affirming a deadline extension that was granted without a formal finding of excusable neglect when the court found no prejudice to the other party. FN5 See Yesudian ex rel. United States v. Howard Univ., 270 F.3d 969, 971 (D.C.Cir.2001). In Yesudian, however, we found that the Rule 6(b)(2) motion requirement may have been satisfied by a memorandum filed by the **368 *457 requesting party. Id. Here, the District concedes that it never moved for an extension of the deadline. In the absence of any motion for an extension, the trial court had no basis on which to exercise its discretion. See Lujan, 497 U.S. at 896, 110 S.Ct. 3177 (stating that " any post deadline extension must be 'upon motion made' "). Under these circumstances, then, we are compelled to conclude that the district court abused its discretion in entertaining the late motion for summary judgment on Smith's disability discrimination claim.
Id. at 457.
Identically here, my granting of plaintiffs' motions for extensions of time were an abuse of discretion and must be vacated. Plaintiffs will now have to file a motion for leave to file that complies with Rule 6(b) by establishing excusable neglect. The defendants may then file an opposition and plaintiffs may reply thereto. In the meanwhile, Defendants' Motion for Dismissal or Other Sanctions Pursuant to Fed. R.Civ. 37(b)(2) and 41(b) in both cases will be denied without prejudice.
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Washington, District Of Columbia 20001
United States
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Accokeek MD Real Estate & Homes for Rent
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LOVELY ACCOKEEK CAPE COD features 4 bedrooms, 2 baths, formal living and dining room areas, and a large sunroom overlooking a 1/2 acre private lot! Located just minutes from DC, National Harbor, NOVA, Andrews AFB, Bolling AFB, Indian Head NSWC, shopping, recreation and much more. Professionally leased/managed. Call for viewing appointment today!
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"Fun Pub" JJ Foley's Tip by ebnoia
JJ Foley's, Boston: 2 reviews and 0 photos
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Wednesday 7th December
Downtown L.A.'s The Last Bookstore Defies Trends
Posted at 7:14AM Thursday 16 Jun 2011Before launching a business, some people invest in market research and feasibility studies. Josh Spencer is not one of those people — otherwise he might never have opened his downtown L.A. used bookstore in December 2009, let alone moved it a few blocks away this month to a 10,000-square-foot space.
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22 lot subdivision. Minimum lot size is .93 some larger. Roads are in. All lot and site work is approved and permits are current. Just bring your builder and build!! Owner will finish road work bring your Builder! Lots are approved all septic designs & well locations are in and approved.. Some lots are over well over an acre. and some are flag lots.
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PATrick's ES Price Action Scalping Journal
|October 11th, 2016, 07:17 AM
|#11 (permalink)
Elite Member
Busan, South Korea
Futures Experience: Beginner
Platform: NT 7
Broker/Data: Ninja
Favorite Futures: ES
Posts: 20 since Aug 2016
Thanks: 5 given, 24 received
Had a busy weekend, so not much time to journal.
Not a bad day. I'm glad that I was able to recover after my first trade being an undisciplined crap poop experimenting entry.
1st trade: Instead of waiting for a second entry on a strong signal bar, I entered anticipating the 2nd entry short.
The day started off in a downtrend. It bounced off the lower channel and worked its way to the upper line as well as the EMA. After the first entry, I decided I would place my entry near the previous swing high, so that it would give me enough room (and hopefully a better entry). Bad idea. The price ended up breaking the channel and went into a trading range. I did want to exit early after I saw 4 overlapping bars, but decided that because it is sim, I will let the trade fly. -6 ticks
2nd trade: I saw after a double top and previous resistance earlier in the morning that this would be strong resistance. After I drew in my upper line, I waited to fade the next time it reached this level. I got filled perfectly at the top and went down quickly for a +6 tick
3rd trade: Repeat of the second trade except off the lower support. I had an order sitting out, but this time instead of right at the support, I had it 2 ticks under, only because there was previous price action at 10:50ish that was lower than the line I drew. Got filled, worked against me 2 ticks but didn't take anymore heat than that. +6 ticks
So that was it for Friday. Like I've previously mentioned, I only trade from 10:30AM - 12:30PM EST.
So didn't hit my target for the day, but I'll day +6 ticks.
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CBIZ, Inc. (CBZ) Announces Acquisition of The Seff Group
- Top 10 News for 12/2: Crude Rips on OPEC Cut; Starbucks' Schultz Steps Down; Nonfarm Payrolls Flat in Nov.
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- Bond yields slip on U.S. jobs data, euro steady before Italy vote
- Alibaba (BABA) Founder Jack Ma Discuss Plans to Retire; 'I Don't Want to Die at the Office'
- Starbucks Coffee (SBUX) CEO Howard Schultz to Step Down, Appointed Executive Chairman; Kevin Johnson New CEO
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CBIZ, Inc. (NYSE: CBZ) announced that it has acquired the non-attest business of The Seff Group, P.C., based in Denver, Colorado, effective November 1, 2016.
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DPBC Team News | Partner Opportunities | Partner News
Business Intelligence | Sales News | Media Relations News | Marketing News
Convention Center Hilton Hotel Groundbreaking Set for Dec. 6
Construction of the highly anticipated Palm Beach County Convention Center Hilton Hotel will officially commence following a groundbreaking ceremony on Friday, December 6th. The 403-room Hilton Hotel is expected to significantly expand larger convention and event business within the county. A single three-day convention with 1,000 delegates has the opportunity to generate $42,000 in local taxes, support 400 jobs and contribute more than $1 million in total economic impact.
Palm Beach County Officially Connects with the West Coast
Palm Beach International Airport launched
November proved to be a busy month at PBIA as new flights also opened to and from Orlando (Silver Airways), LaGuardia (American Airlines), Nassau (BahamasAir), Freeport (Silver Airways) and North Eleuthera (Silver Airways).
HSMAI Adrian Awards Winner
Discover Palm Beach County is proud to announce its receipt of the 2013 HSMAI Adrian Awards, which honor outstanding achievements in advertising, public
No. 4 National Shopping Destination
Palm Beach was selected in a Condé Nast Traveler Readers' Choice Awards as the No. 4 best city for shopping in the United States. After nearly 80,000 consumers put their votes in, Palm Beach made it near the top ahead of major U.S. destination such as Las Vegas, Los
DPBC Celebrates First Networking Event of the Season with SOLD OUT Crowd
Discover Connections, the new series of DPBC quarterly networking events, laid the groundwork for a great year with a sold out crowd at Ruth's Chris Steak House in CityPlace. Partners from across the county joined our staff to mix, mingle and learn about all the year's upcoming Partnership, Sales and Marketing opportunities. Mark your calendars for the next Discover
Order Your Stay. Play. SHOP. Brochures Today
We have completed our first-ever dedicated retail tourism collateral, which was designed as a foldable, pocket-size brochure, better known as a Z-card. The Stay. Play. SHOP. Z-Card, available to view here in digital form, features each shopping destination within Palm Beach County, broken out by town/city on one side and a map complete with a legend indicating each shopping destination.
The Stay. Play. SHOP. Z-Cards are available free to our partners. If you would like to place an order, please email email@example.com.
We Want Your Packages
Do you have a Meeting Planner Package, Wedding Package, Commissionable Travel Agent Package or Travel Agent Rates? We want to help you promote them. Simply click here to see our current packages and load yours today! Contact Nancy Rhodes with any questions at email@example.com or (561) 233-3006.
Jorge Pesquera to Speak at Florida Restaurant and Lodging Association Luncheon
The Florida Restaurant and Lodging Association (FRLA) is hosting their Holiday Luncheon on Tuesday, December 10th at noon at The Breakers Palm Beach. The luncheon costs $35 for FRLA members. Meet the FRLA President & CEO, Chairman, Chair-Elect and Senior Staff while you get a look at the DPBC Marketing & Sales Plan presented by Jorge Pesquera, DPBC
Participate in Upcoming Trade Shows and Sales Missions
Join the Discover Palm Beach County sales team in upcoming 2013-14 trade shows and sales missions. Open spots are available. Act now as space is always limited. View the sales schedule and sign up today. For more information, contact Mary Brown at firstname.lastname@example.com or (561) 233-3061. Upcoming shows include:
Sales Missions
President of The Breakers Palm Beach Named Independent Hotelier of the World
Paul Leone, President of The Breakers Palm Beach, has been recognized by HOTELS magazine as the Independent Hotelier of the World. This recognition is one of the industry's most highly esteemed accolades. Mr. Leone was voted the winner by the hotel and travel community at large for his dedication to excellence, principled leadership and values that have contributed to the organization's success.
AVIACIRCLE Wins 'Travel Agents Choice' Award
Travel PR and Marketing agency AVIACIRCLE, the Brazilian agency of record for Discover Palm Beach County, received the prestigious 'Travel Agents Choice' award for Best PR and Representation Company 2013. This marks the second consecutive year in which AVIACIRCLE has received this title. The awards cover a broad span of travel trade categories to identify top tour operators, leading destinations, airlines and airports, and hotel and resort groups.
Grand Re-Opening of SpringHill Suites by Marriott Boca Raton
The SpringHill Suites by Marriott Boca Raton hotel hosted a "Grand Re-Opening Event" to mark the completion of its recent six-month, $2.3 million upgrade of its guest rooms and public space. The grand celebration was mirrored after the theme of the renovation: "Style and Space. Redefined." This theme represents the transition to a sleek, modern, and streamlined approach to hospitality and service.
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Tourism Business Intelligence Research Available
Key Highlights in October:
Trade Shows, Destination Reviews, Sales Missions and More
Steve Crist at TSAE Symposium & Expo
Tallahassee Society of Association Executives Symposium & Expo – Tallahassee, FL
Associate Vice President of Group and Meeting Sales, Steve Crist attended this event which attracted over 200 association executives and garnered 14 new contacts for DPBC.
Salon International Tourisme Voyages (SITV) Tradeshow – Montreal, QU
Director of Sales for North America, Eda Ruddock attended this highly regarded industry event where 10 new leads and 100 new contacts, resulted from the show.
Incentive Meetings Exchange (IMEX) – Las Vegas, NV
Senior Director of Sales for the Affinity Markets, Connie Hunter and Director of Sales for the Midwest, Nalini Dube-Borzym attended this elite event which garnered 19 prospects and 68 new contacts for DPBC.
La Cita Tradeshow – Fort Lauderdale, FL
Director of International Sales, Rodrigo Trujillo participated in this appointment-only event which produced 95 contacts for DPBC.
Nalini Dube-Borzym at Incentive Meetings Exchange
Eda Ruddock at Los Angeles Sales Mission
Los Angeles Sales Mission – Los Angeles, CA
Director of Sales for North America, Eda Ruddock and Director of Sales for the Midwest, Nalini Dube-Borzym teamed up on a sales mission to promote PBIA's new non-stop LAX flight which produced 20 new leads and an impressive 300 new contacts.
Pennsylvania Luxury Meetings Summit
Director of Sales for the Northeast, Susan Carlson attended this event which brought 25 new account contacts and 19 prospects to DPBC.
Editorial generated as a result of DPBC public relations efforts in October:
Blogger FAM Tour at Boca Raton Resort & Club
DPBC assisted the Boca Raton Resort & Club to host a small group of travel writers and bloggers for a Tweet-Up FAM trip. The purpose of the Tweet-Up FAM was to promote the resort's exciting new pink ice skating rink and its popular surf school. DPBC, with assistance from Downtown Boca, assisted with blogger itineraries, social media efforts and provided welcome bags for each guest.
Media investments generated more than 12.5 million impressions in October:
PalmBeachFL.com Web Leads, Requests and Inquiries
October: PalmBeachFL.com received more than 74,000 visitors. More than 4,500 referrals were made to hotel partner websites. DPBC Staff sent over 519 web leads, requests and inquiries.