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Award-Winning Organic Chemistry Tutors in Zionsville, IN
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University of Indianapolis - Current Undergrad, Chemistry
Eugene ...year of pharmacy school at Butler University. I believe the only limitations for a student are the limits they place upon themselves. I strive to show students their possibilities they can achieve and guide them along the way. I could not have gotten to where I am today without great teachers and mentors.... Work through what the students know, and begin to build off of the basics.
Butler University - Bachelors, Pharmacy
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Hasan ...change their perspective for subjects they are having hard time. I am a firm proponent of education, believing it to be absolutely necessary for an improved quality of life, and I try to impart this appreciation to all of my students. In my spare time, I enjoy watching movie and reading that which enriches my...
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Lauren ...level of responsibility. I supervised one group of 20-24 Johns Hopkins freshman students per semester. I answered questions and guided students to a greater understanding of chemical principles. Teaching assistants also staffed help sessions for students who need additional help in understanding chemistry concepts. I have great evaluations from my students to show. I have...
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Falcons Free Safety Ricardo: 'I might not be the biggest, but I'm the smartest.'Atlanta Falcons starting safety Ricardo Allen has been impressing his head coach all throughout camp. So he sat down on the set with Rick & John and we quickly learned why... He says knowledge makes up for not being the biggest or fastest guy on the field. He also says that he...
The Falcons 2015 Season In A NutshellAs we headed out to Training Camp back in the summer we were incredibly excited to see what Dan Quinn's "fast and physical" brand of football was going to look like in red and black...
Falcons' Quotes After Beating Eagles: Quinn, Ryan, Trufant and Ricardo Allen
Atlanta Falcons Sign CB Ricardo Allen To The Active Roster
Falcons Cut 2014 Draft Picks Allen, Robertson
Falcons Sign Five Draft Picks
Walker: Falcons New Eyes Are Evident
Falcons Take RB, CB, 3 LBs On Draft's Final Day

subset: commoncrawl


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Cream Stripe Scarf
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Length 200cm x Width 100cm.
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March 21, 1946
UNITED STATES EX REL. MONDERv.RAGEN.
Per Curiam.
Petitioner was found guilty of robbery and found to be a habitual criminal in August 1940, by the Criminal Court of Cook County, and by virtue of such conviction was sentenced to twenty years in the Illinois State Penitentiary where he is now confined. He filed a petition for writ of habeas corpus in the District Court. From an order dismissing his petition, petitioner appeals. The trial judge has signed a certificate of probable cause and we are allowing the presentation of the appeal in forma pauperis.
Petitioner raises in his petition such questions as lack of proof beyond a reasonable doubt, prejudice of the jury by his record of previous convictions, insufficiency of the indictment and others of like vein. Such contentions are obviously not properly raised in a habeas corpus action. Bowen v. Johnston, 306 U.S. 19, 59 S. Ct. 442, 83 L. Ed. 455; Andrews v. Swartz, 156 U.S. 272, 15 S. Ct. 389, 39 L. Ed. 422.
Petitioner also asserts that the Illinois Habitual Criminal Act, Ill.Rev.Stat. 1945, c. 38, § 602, is in violation of the Constitution of the United States. The Illinois Supreme Court had ruled otherwise. People v. Lawrence, 390 Ill. 499, 61 N.E.2d 361; People v. Hanke, 389 Ill. 602, 60 N.E.2d 395; Kelly v. People, 115 Ill. 583, 4 N.E. 644, 56 Am.Rep. 184. We must follow this construction. Whitten v. Bennett, 7 Cir., 141 F.2d 295; United States v. Ragen, 7 Cir., 143 F.2d 774.
It is also apparent that petitioner has failed to show an exhaustion of his state court remedies as required by White v. Regen, 324 U.S. 760, 65 S. Ct. 978.
The order of the District Court is affirmed.
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VIDEO | PSP Thursday, June 11, 2009 | 12:10 PM
Gran Turismo PSP sixty frames per second
E3: 60 fps gameplay
All comments
Posted by VypeRThe fun games, ironically.
It's actually games like Ridge Racer and NFS (games till now), that have exaggerated sense of speed..
It's actually games like Ridge Racer and NFS (games till now), that have exaggerated sense of speed..
Posted by pressthefleshYeah, both are fruits that I like :)
apples and oranges guys
apples and oranges guys
Point being, you can't get Sense of Speed in Sim Racers, unless you're driving F1-2007 in GT5-Prologue in Suzuka or Fuji Speedway, with a G25 wheel and Cockpit View (or the likes in Forza / GTR / etc etc)..
You just can't get it on the 2 whatever inch screen of PSP, that too in a VIDEO, taken off a show floor demo.. I was just trying to explain it to INDIGO, in my way.. I didnt mean to compare or even to attack him, it was just My Opinion. LOL! ( I think played that one safe... I hope! :p )
Posted by heavenly_KingI like to drive out of car while I'm learning a track, but after that the hood view is king.
Why play in first person view; I like to drive watching the car. First day buy for me :D
Why play in first person view; I like to drive watching the car. First day buy for me :D
Cockpit view is great for showing off graphics to my momma and poppa though :)
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- Ubisoft Motion Pictures announces "The Division" film
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- Techland officially becomes a global video game publisher
- No Man's Sky delayed to August 9
- Mass Effect: Andromeda will now ship in early 2017
- EA & Respawn developing a new Star Wars game


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Bibliographic Details
Title: Pali-English Dictionary
Publisher: Saphrograph Corp. 1969-01-01
Publication Date: 1969
Binding: Hardcover
Book Condition: Good
B000M9TKBO Former library copy. Hardcover book with light overall wear to the exterior. No dust jacket. There are library markings through out the book. The binding is tight and the text is clean with no markings. Fast shipping!. Bookseller Inventory # JF692251
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The Story of Led Zeppelin's Clash With Cops and Spilled Champagne in Pittsburgh
Led Zeppelin were still a young band when they made their second tour of the States in 1970.
Led Zeppelin were still a young band when they made their second tour of the States in 1970.
When is Led Zeppelin not Led Zeppelin?
Jimmy Page defended himself against charges that he had stolen the introduction of 'Stairway to Heaven' from Spirit's "Taurus."
The attorneys alleging that Led Zeppelin plagiarized the intro to "Stairway to Heaven" from a Spirit song have been dealt a setback by a judge who refused to delay the case.
Early 1975 was an exciting time for Led Zeppelin fans, with an upcoming tour and the impending release of the band's sixth LP, Physical Graffiti.
Led Zeppelin made their North American concert debut in Denver on Dec. 26, 1968 as the first group on a three-band bill that also featured Vanilla Fudge and Spirit.
Despite a lengthy period apart, Jason Bonham insists that Led Zeppelin aren't retired for good.
Jimmy Page joined Paul Rodgers and members of Cheap Trick, Guns N' Roses and Nirvana on stage to perform a Led Zeppelin favorite.
Keith Richards was asked to offer his thoughts on Led Zeppelin and the Who — and it went about as poorly as you might have already guessed.
On Sept. 25, 1980, at 32 years of age, Led Zeppelin drummer John Bonham died, inadvertently bringing an end to one of rock's greatest bands.


text:
The Sunday X-Strap is an entry level golf bag from Sun Mountain that offers a step-down from the company's Swift and Swift Jr. models. Functioning similarly to the standard Sunday model, the X-Strap incorporates a criss-cross strap design that allows the player to wear it like a backpack instead of carrying it between holes. Featuring a two-way 7.5-inch top, this model can fit 14 clubs and also includes four separate external pockets for different golf-related paraphernalia. Two of these pockets function as general accessory pockets, while the other two serve as a ball pouch and a valuables pocket respectively. The extended and adjustable nature of the X-Strap maximizes comfort for travelling longer distances, and is designed to balance out naturally. In addition, the bag is fitted with an external bungee strap that can be used to attach a jacket, sweater, or towel for quick access during gameplay.
- Available in Royal/Black, Red/Black, and Black colors
- Builds on Sun Mountain's standard Sunday bag
- Lightweight design
- Fits 14 clubs
- Extended straps
- External bungee strap
- Velour-lined valuables pocket
- Ball pouch
- 2 accessory pockets
ResourcesAdd New
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- Amazon title: Sun Mountain 2008 X-Strap Sunday Carry Bag


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Ship your orders to your local dealer and pick up for free.
Return your orders to your local dealer for free.
Exceptional graphic design and engineered construction. Enjoy high-end venting system, one-touch Sun Shield, and additional performance features to establish the Steadfast Modular Helmet with Retractable Sunshield one of our greatest modular motorcycle helmet creations.


text:
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Hodor might be small, but his purr sure is mighty! Once the purring begins, it never seems to stop. He's a people-loving kitty that will cuddle in your lap for hours. As soon as you get home, Hodor is by your side and batting your feet to get you to play! If you're unavailable, he will play all day long with his sister, Halsey. Come meet this friendly companion!
All APA! cats are fully vetted, spayed or neutered, and have updated vaccines and a microchip. Lifetime support is offered by our Cat Behavior Team. For further information or to meet this kitty, please email firstname.lastname@example.com.


text:
Free throw woes
The Bucks will be looking to get tougher in the paint and keep the opposition off the foul line when they take on the Cavaliers Tuesday night in Cleveland.
In last Saturday's home loss to Phoenix, the Suns shot 54 free throws and made 44 while the Bucks were 17 of 22 from the line. Suns forward Amare Stoudemire shot almost as many free throws as the Bucks did as a team as he was 18 of 20 from the foul line.
The Bucks overcame a similar situation in an overtime victory over Washington last week as the Wizards made 34 of 51 free throws while the Bucks were 17 of 26 from the foul line.
Coach Scott Skiles said that part of the problem was that the Bucks were getting roughed up in the paint. Last Friday, Boston outscored the Bucks in the last 60-36. The Bucks out-scored Phoenix in the paint, 34-30, but Suns center Shaquille O'Neal scored 29 points and dominated the game.
"It's something we have to address," said coach Scott Skiles of the free throw disparity. "We have to be able to play defense without fouling. Both of the last two (games) we haven't been as energetic on the defensive end and have done a lot of fouling. We've been a step slow and we're grabbing people.
"We've been dominated in the paint both games not only with the initial shot but people following up shots and penetration to the basket. So a lot of things have happened to us in the painted area in the last two games and generally when teams are getting in there, fouling is something that occurs."
- Bucks, Plumlee agree to four-year, $50 million deal
- Maker named to Vegas summer league second team
- Dekker, Rockets knock off Bucks in Vegas finale
- Giannis, Thanasis get call to service in Greek military
- Bucks face Mavericks in tournament play Wednesday
- Kidd recalls nearly joining Spurs, salutes Duncan
- Maker impresses with his poise off court, play on it
- Bucks Podcast: Gardner & Velazquez discuss summer league and free agency
- Brogdon says NBA pace takes an adjustment
- Giannis' Olympic dream ends in Greece's 66-61 loss to Croatia


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April 3, 2008
JOANN J. SPANGLER, PLAINTIFF,v.MODERNE GLASS CO., INC., ET AL., DEFENDANT.
In this civil action, Plaintiff alleges that Defendant, her former employer, discharged her in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §621 et seq., and the Americans with Disabilities Act ("ADA"), 42 U.S.C. §12101 et seq. Defendant has moved for summary judgment, on grounds that Plaintiff failed to exhaust her administrative remedies with respect to her ADA claim, and that she has adduced insufficient evidence to support her ADEA claim.
For the following reasons, Defendant's Motion will be granted.
Unless otherwise indicated, the following facts are undisputed. By way of background, I include several facts that are not material to summary judgment.
Defendant is a custom decorator of beverage ware and award and recognition products for the ad specialty industry. Defendant has eight production departments, including Lehr (a curing oven that bakes designs onto glassware), Decal, and Etch. It employes approximately 350 employees, and conducts operations in two buildings in Hopewell, PA. Thomas McKnight is Defendant's owner, president, and CEO. John Bailey, Defendant's Plant Manager, has been in that position since May, 2003; Deborah Bara, Defendant's Human Resource Manager, has been in that position since May of 2003. Jim Devine was the supervisor of Defendant's Etch department from 1999 through 2006.
Plaintiff began working for Defendant in the Decal department, in 1999. Sometime prior to 2000, Plaintiff was moved out of that department, and transferred to a Lehr loader position. In that position, Plaintiff was required to take glassware off of one conveyer belt, inspect the glassware, and place it on another conveyor belt that took it through the Lehr. In April 2003, Plaintiff suffered an aneurysm, and she was unable to work until September 22, 2003. Plaintiff returned to work in the Lehr loader position. Plaintiff remained in the Lehr Loader position until April 20, 2004, at which time she was transferred to a Wipe-offs position as a result of her inability to keep up with the Lehr. Employees who hold the Wipe-offs position are required to stand while performing their job duties.
At some point, Plaintiff requested a transfer out of the Wipe-offs position. At the time, the only openings available were in the Etch department, and Plaintiff was transferred -- over her objection, she states -- to that department on or about June 1, 2004. Prior to the transfer, Bara contacted Devine, head of the Etch department, and asked whether Devine could use an employee from the Industrial Boulevard Facility. At the time, the Etch department needed more Tapers in order to keep up with production. A Taper, who is permitted to sit down while performing his duties, applies tape to certain portions of glass products so that when the products are sandblasted, the taped portions are not damaged.
Plaintiff alleges that a female management employee informed her that she was being transferred because Defendant wanted her to have a sit-down job; she cannot recall the person who made the statement. She believes that it was the woman in human resources at the time of the transfer. At the time, Bara was in that position. Bara avers that she did not tell Plaintiff any such thing; Plaintiff believes that it could have been Bara.
Subsequently, Plaintiff was laid off as part of a ten-person layoff on June 3, 2005.*fn1 Prior to that date, McKnight told Bailey to conduct a layoff, and that employees were to be selected for layoff based on poor performance. Bailey then told the supervisors of six of Defendant's eight departments to give Bailey a list of his or her respective department's poorer performers, who the supervisor would like to be laid off. Two shorthanded departments were excluded from the layoff. Three employees from the Etch department, and the only three Tapers in the department at the time, were ultimately laid off: Plaintiff, Charity Jackson (age 24), and Amanda Fike (age 21). Devine made the decision to terminate their employment by submitting a list with only those three employees in response to Bailey's request. Devine picked the three Tapers, because they have the least amount of skill in the department and their positions could be covered by the more skilled employees in the department; he did not know whether they were the worst performers. Devine was 63 years old at the time of the layoff, and he did not know Plaintiff prior to her transfer into his department in 2004. Devine did not know that Plaintiff had previously worked as a Lehr Loader.
Bailey then compiled the final list of ten employees who would be laid off, and included the three Tapers on the list. Bailey did not perform any analysis of the employees' performance, but instead relied on Devine's decision to select those three for layoff.
Plaintiff contends that the layoff constituted age discrimination because "there was people that were older than me and younger than me and some people didn't do as much as me and I'm the one that was let go, but other people got to stay there." Defendant had a recall procedure whereby laid off employees may be called back to work usually by department. None of the employees laid off at the same time as Plaintiff were eligible for recall, and none were recalled. Fike and Jackson, however, reapplied for work with Defendant and were later rehired. Plaintiff believes that Tom Evans, a Sandblaster in the Etch department who Defendant retained, was approximately thirty years old at the time of her layoff. Defendant had an attendance point system, under which, apparently, a certain number of points qualified a person for termination or other disciplinary action. It appears that Evans had accumulated more points under this system than had Plaintiff.
After Plaintiff's termination, she filed various documents with the EEOC. Defendant has submitted, and Plaintiff does not dispute the veracity of, the contents of her EEOC file. On an EEOC General Information Questionnaire, Plaintiff checked "Disability" and "Age" as her protected classes. In addition, she described her aneurysm, and surrounding circumstances, in an ADA Intake Questionnaire submitted to the EEOC. The questionnaires are stamped as received by the EEOC on March 23, 2006. A subsequent letter to Plaintiff from the EEOC dated April 28, 2006 asks Plaintiff to review charge forms and make any corrections, and states that the matter may be investigated under Title VII and the ADEA. Plaintiff's formal charge is signed and dated April 29, 2006; it was stamped received by the EEOC on May 2, 2006. In the formal charge, boxes indicating that "sex" and "age" were the bases for discrimination are checked; the box for "disability" is not checked. Additionally, the narrative in the formal charge describes only Plaintiff's allegations regarding gender and age discrimination, and names only Title VII and the ADEA. There is no mention of disability. The Notice of Charge of Discrimination issued to Defendant enclosed a copy of the charge, and indicates that the charge was under Title VII and the ADEA; a box provided for the ADA was not checked. Finally, the EEOC issued a Dismissal and Notice of Suit Rights, the so-called "right-to-sue letter," dated July 20, 2006, which refers to time limitations applicable to Title VII, the ADA, the ADEA, and the Equal Pay Act ("EPA").
II. Applicable Standards
Summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In considering a motion for summary judgment, the Court must examine the facts in a light most favorable to the party opposing the motion. International Raw Materials, Ltd. V. Stauffer Chem . Co., 898 F. 2d 946, 949 (3d Cir. 1990). The moving party bears the burden of demonstrating the absence of any genuine issues of material fact. United States v. Onmicare, Inc., 382 F. 3d 432 (3d Cir. 2004). Rule 56, however, mandates the entry of judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof. Celotex Corp. v. Cattrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed. 265 (1986).
III. Defendant's Motion
A. Disability Discrimination
I first address Defendant's argument that Plaintiff has failed to exhaust her administrative remedies with respect to her claim of disability discrimination.
"Failure to exhaust administrative remedies is an affirmative defense, and the burden of pleading and proving non-exhaustion rests with the defendants." Foster v. Morris, 208 Fed. Appx. 174, 178 (3d Cir. 2006). The purpose of the exhaustion requirement is to provide the agency the chance to "investigate, mediate and take remedial action with respect to a charge of discrimination." Ostapowicz v. Johnson Bronze Co., 541 F.2d 394, 398 (3d Cir. 1976). The operative question, therefore, is whether the acts in the suit "'are fairly within the scope of the prior EEOC complaint, or the investigation arising therefrom." Antol v. Perry, 82 F.3d 1291, 1295 (3d Cir. 1996) (quoting Waiters v. Parsons, 729 F.2d 233, 237 (3d Cir. 1984)).
Because Plaintiff's EEOC questionnaires directly refer to her disability, I will first address the impact of such questionnaires on the exhaustion analysis.
Courts in this circuit have uniformly held that a plaintiff fails to exhaust where he checks off a claim on an intake questionnaire but then omits the claim from the formal EEOC formal charge [sic]. The Court agrees with these cases. Intake questionnaires do not serve the same function as the formal charge and are not part of the formal charge. A questionnaire, therefore, does not satisfy the exhaustion requirement where a claim marked off in the questionnaire is omitted from the charge and where the EEOC does not investigate the omitted claim.
Elston v. UPMC - Presbyterian Shadyside, No. 06-CV-329, 2007 U.S. Dist. LEXIS 78531, at **33 (W.D. Pa. Oct. 23, 2007) (citations omitted).*fn2
The reasoning behind this rule, in part, is that if a plaintiff "filed her formal charge after she filled out her intake questionnaire," such conduct "[implies] that she abandoned those claims in her formal complaint." Winter v. Cycam/Med Source Techs., 166 Fed. Appx. 593, 595 (3d Cir. 2006).
As I noted at the Motion to Dismiss stage, Plaintiff checked "Disability" as her protected class on an EEOC General Information Questionnaire. In addition, she described her aneurysm, and surrounding circumstances, in an ADA Intake Questionnaire submitted to the EEOC. These questionnaires were received by the EEOC on March 23, 2006. A letter from the EEOC dated April 28, 2006 asks Plaintiff to review the charge forms and make any corrections, and states that the matter may be investigated under Title VII and the ADEA. Plaintiff's formal charge is signed and dated April 29, 2006; it was stamped received by the EEOC on May 2, 2006. In the Complaint, Plaintiff checked off boxes indicating that "sex" and "age" were the bases for discrimination; the box for "disability" was not checked. In addition, her charge narrative contains no mention of any potential disability claim, or factual basis therefor. The chronology and content of the filings, under applicable case law, cannot fulfill exhaustion requirements. In other words, the questionnaires cannot necessarily cure deficiencies in the formal charge.
Plaintiff, however, correctly suggests that a charge not stated, or a mere box left unchecked, in the administrative complaint may be permitted to go forward in court if there is "a close nexus between the facts supporting each claim or an additional claim in the judicial complaint...fairly appear[s] to be an explanation of the original charge or one growing out of it." Brenner v. Harleysville Ins. Cos., No. 01-08, 2002 U.S. Dist. LEXIS 18494, at *32 (E.D. Pa. Sept. 30, 2002). Plaintiff argues that her claims for age and disability are sufficiently related.
In particular, Plaintiff points to Hicks v. ABT Associates, Inc., 572 F.2d 960 (3d Cir. 1978),*fn3 in which our Court of Appeals concluded that neither the four corners of the EEOC complaint or the scope of the actual EEOC investigation limit a subsequent judicial complaint. Instead, the court identified the key inquiry as whether the judicial complaint could "reasonably be expected to grow out of the charge of discrimination." Id. at 966. In Hicks, plaintiff, a white male, filed an EEOC charge complaining of disparate treatment based on race, in violation of Title VII. Id. at 964. In the charge, plaintiff identified only race as the basis for his claim, but later filed a judicial complaint adding a claim for gender discrimination. Id. at 962, 964. There was evidence that the plaintiff had attempted to amend his EEOC charge to include a gender claim, but that the EEOC had rejected that attempt. Id. at 964. Defendant argued that plaintiff had not exhausted his remedies for the gender claim. Id. at 963. In response, the court noted that it would not penalize plaintiff if the EEOC had erred in rejecting his amendment. Id. at 964. In addition, it noted a close nexus between the facts underlying and supporting the race and gender claims. Id. at 967. For example, plaintiff complained about the hours he was required to work, as compared to three women, two of whom were black. Id. at 965.
Noting the lack of investigative record from the EEOC, the Hicks Court found that it could not conclude whether a reasonable investigation would have reached allegations of race, rather than gender, discrimination. Id. at 967. It restated the holding, in Ostapowicz v. Johnson Bronze Co., 541 F.2d 394, 398-99 (3d Cir. 1976), that the parameters of a permissible civil action "are defined by the scope of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination...." Hicks, 572 F.2d at 966. Importantly, however, the court observed that "[a] finding that the EEOC would have discovered a claim for sex discrimination in the course of a reasonable investigation does not itself meet the standard...The district court must further find that the sex discrimination claims which would have been uncovered were reasonably within the scope of the charge filed with the EEOC." Id.
Hicks is distinguishable from this case. Unlike the factually interrelated agency and judicial charges at issue in Hicks, Plaintiff's age discrimination and disability discrimination claim share few underlying facts. The ADA claim relies heavily on the nature of Plaintiff's physical condition prior to and at the time of her layoff, and Defendant's perception thereof; the age discrimination claim, the operative facts of which are recited in Plaintiff's EEOC charge, relates primarily to the the ages of Plaintiff and her co-workers at the time of layoff. The only significant shared fact is that of termination.*fn4
In this case, unlike in Hicks, nothing in Plaintiff's EEOC complaint would have led the EEOC to suspect that she had a disability, was perceived as disabled, or was subjected to disability discrimination. Cf. Leong v. Potter, 347 F.3d 1117, 1122 (9th Cir. 2003). Even assuming that the EEOC would have or actually did discover Plaintiff's ADA claim during the course of its investigation,*fn5 I cannot find that such a claim was reasonably within the scope of the EEOC complaint. Plaintiff proffers no evidence that would permit the conclusion that her status as a person over forty years of age -- or as a sixty-four yeur old -- would or should be approached, from an investigative perspective, as potentially subject to disability discrimination merely as a result of her age. One simply cannot reasonably expect an investigation of disability to materialize in the absence of any mention or suggestion of disability. To do so would stretch liberal interpretation to breaking point.
Plaintiff urges, in addition, that we consider the factors identified in Robinson v. Dalton, 107 F.3d 1018 (3d Cir. 1997). The factors enunciated therein related, in particular, to the factual situation there presented -- i.e., plaintiff filed with the EEOC for race discrimination only; was subsequently discharged from work; unsuccessfully attempted to add a claim of retaliatory discharge to the EEOC complaint; and then filed a lawsuit for retaliatory discharge. The Robinson court reiterated the parameters enunciated in Hicks and Ostapowicz, and then listed factors to the district court to consider when determining whether the EEOC's decision not to investigate the retaliatory discharge was reasonable. Id. at 1026. Here, Plaintiff did not attempt to add a charge before the EEOC, and there was no decision not to investigate. Accordingly, Robinson does not apply.*fn6
As a final matter, Plaintiff mentions, as did this Court at the Motion to Dismiss stage,*fn7 that the EEOC's right-to-sue letter references the ADA. "At the bottom of [the Dismissal and Notice of Rights] form letter are basic summaries of rights under Title VII, the ADA, the ADEA, and the EPA. None of these summaries constitute opinions by the EEOC that the recipient has a claim under any of these statutes. They are summaries of the rights guaranteed by each of those statutes." Jackson v. Dana Corp., No. 98-5431, 1999 U.S. Dist. LEXIS 17380, at * (E.D. Pa. Nov. 9, 1999). Without more, this single reference, not particular to Plaintiff, does not suggest that the agency investigation either encompassed or should have encompassed the ADA claim. The letter also references the Equal Pay Act, for example, which one could hardly argue is implicated in this matter.*fn8
Accordingly, the EEOC's form right-to-sue letter does not alter my conclusion.
In sum, although exhaustion is to be liberally construed, this does not mean that the requirement may be taken lightly. While the requirements of exhaustion "are to be interpreted in a non-technical fashion, the aggrieved person is not permitted to bypass the administrative process." Ostapowicz, 541 F.2d at 398. Again, "[t]he purpose of requiring exhaustion is to afford the EEOC the opportunity to settle disputes through conference, conciliation, and persuasion, avoiding unnecessary action in court." Perry, 82 F.3d at 1296. Although I am not without empathy for Plaintiff's situation, it is apparent that the EEOC did not have the opportunity to consider Plaintiff's ADA claim. Therefore, I find that Plaintiff failed to exhaust her administrative remedies with respect to that claim.
B. Age Discrimination
Next, I address Defendant's arguments that Plaintiff has failed to demonstrate her prima facie case, in that she cannot show that similarly situated employees were retained; and that even if this element were met, she cannot demonstrate pretext.
1. Applicable Standards
In a case such as this, I apply the burden-shifting analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed. 2d 668 (1973).
Under that paradigm, the plaintiff has the initial burden of proving by a preponderance of the evidence a prima facie case of discrimination: "1) he is within the protected class...; 2) he was qualified to have been retained; 3) he suffered from an 'adverse employment action'; and 4) the employer retained a 'sufficiently younger' and 'similarly situated' individual to permit a reasonable inference of age discrimination. A plaintiff who cannot make a prima facie showing of each of these elements cannot survive summary judgment." Embrico v. United States Steel Corp., 404 F. Supp. 2d 802, 818 (E.D. Pa. 2005) (citation omitted).
Next, if the plaintiff succeeds in proving a prima facie case, the burden shifts to the defendant to produce some legitimate, non-discriminatory reason for the employee's rejection. In pretext discrimination cases, when the burden shifts to defendant, "the employer need not prove that the tendered reason actually motivated its behavior, as throughout this burden-shifting paradigm the ultimate burden of proving intentional discrimination always rests with the plaintiff." Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir. 1994).
Should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not the true reasons, but were a pretext for discrimination. Texas Dept. Of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 67 L.Ed. 2d 207 (1981). To rebut the defendant's legitimate reason for its conduct, plaintiff must provide sufficient evidence from which a factfinder could either reasonably reject the defendant's explanation, or believe that an invidious discriminatory reason was more likely than not a motivating cause of the employer's decision. Fuentes, 32 F.3d at 763-64.
Specifically, a plaintiff must "demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proferred [sic] legitimate reasons for its action that a reasonable factfinder could rationally find them unworthy of credence." Evans v. Pennsylvania Power & Light Co., 98 Fed. Appx. 151, 155 (3d Cir. 2004). "In simpler terms, the plaintiff must show, not merely that the employer's proffered reason was wrong, but that it was so plainly wrong that it cannot have been the employer's real reason." Keller v. Orix Credit Alliance, 130 F.3d 1101, 1111 (3d Cir. 1997).
Moreover, "[a]lthough the presumption of discrimination drops out of the picture once the [Defendant meets its] burden of production, the trier of fact may still consider the evidence establishing the Plaintiff's prima facie case and inferences properly drawn therefrom . . . on the issue of whether the [Defendant's] explanation is pretextual." Chisholm v. National Corp. for Housing Ptnshp., No. 99-3602, 2001 U.S. Dist. LEXIS 1137, at *11 (E.D. Pa. Jan. 31, 2001).
2. Plaintiff's Prima Facie Case
I first address Defendant's argument that Plaintiff's claim fails, because she cannot demonstrate that she was treated differently than similarly situated persons.
Differential treatment, of course, is the sine qua non of a discrimination claim. Consequently, as part of the prima facie case, a plaintiff must show that she was treated differently than others who were similarly situated. Plaintiff bears the burden of proving that she was treated differently than similarly situated persons. Foxworth v. Pennsylvania State Police, 228 Fed. Appx. 151, 158 (3d Cir. 2007). Determining whether another employee was "similarly situated" to a plaintiff requires a fact-intensive assessment of factors such as salary, job function, duties, and other factors relevant to the particular workplace. Monaco v. American Gen. Assur. Co., 359 F.3d 296, 305 (3d Cir. 2004).*fn9
In support of her claim, Plaintiff offers the alleged differential treatment of a co-worker whom Defendant retained at the time that Plaintiff was laid off. For present purposes, I will accept that the co-worker, Tom Evans, was approximately thirty years old; was a Sandblaster in the Etch department; and was not included in the layoff, despite attendance infractions of a type and frequency not committed by Plaintiff. Nevertheless, this bare proffer does not permit the conclusion that Evans is an appropriate comparator for present purposes. I am without information that would allow meaningful comparison of the Sandblaster and Taper positions. Indeed, the only pertinent fact of record is that Taper was, at least in the opinion of the department supervisor, the least skilled position in the Etch department. This fact alone would differentiate that position from others in the department -- including Sandblaster -- and does not suggest that comparison between the two jobs is appropriate. The record evidence regarding Tom Evans, in other words, is insufficient to establish the required differential treatment, or buttress Plaintiff's prima facie case.*fn10
Plaintiff also asserts that she was treated differently from the other two Tapers, who were discharged at the same time as she, because they were rehired later. Plaintiff frames the argument as a claim that the two rehired Tapers were, therefore, "retained" while she was permanently laid off.*fn11 While perhaps superficially appealing, this proposition is not supported by any evidence. It is undisputed that the other two Tapers reapplied and were at some point rehired in Lehr positions, rather than as Tapers, while Plaintiff did not reapply. Without more, these bare facts cannot create a genuine issue of material fact with respect to differential discharge. Plaintiff does not produce facts that would permit the conclusion that the comparators' discharge was, in any respect, not a true separation from employment, such that they could be considered retained.*fn12 Accordingly, there is no evidence that Defendant treated Plaintiff differently, with respect to the termination, from the other two Tapers. I am constrained, therefore, to find that all three Tapers were treated equally with respect to the discharge.
3. Pretext
I next address Defendant's argument that even if Plaintiff succeeds in making her prima facie case, she cannot demonstrate pretext. Defendant has stated a legitimate, non-discriminatory reason for its conduct, in that the Etch department was told to identify three persons for layoff as part of a multi- department layoff, and the supervisor of the Etch department thereafter identified the three Taper positions,because they were the least skilled in the department.
Plaintiff first argues that there is a genuine issue of material fact regarding pretext, because the other two discharged Tapers, aged twenty-two and twenty-four, were later rehired.*fn13 It is undisputed that the other two Tapers reapplied for work with Defendant, and Plaintiff did not, and that they were rehired in Lehr positions, rather than the Etch department. The record is devoid of further information surrounding the circumstances of the rehiring. These bare facts, without more, would not permit a reasonable jury to either reject the Defendant's explanation for the layoff, or believe that Plaintiff's age was more likely than not a motivating cause of her discharge. Cf. Kulumani v. Blue Cross & Blue Shield Ass'n, No. 97 C 5391, 1999 U.S. Dist. LEXIS 11896, at *20 (N.D. Ill. July 27, 1999).
Plaintiff also asserts that her transfer into the Taper position, which is typically laid off first, and her subsequent layoff without recall, raise an issue surrounding pretext. Accepting the facts in a light most favorable to Plaintiff, I will assume that Plaintiff did not request the transfer. It is undisputed, however, that Plaintiff remained in the Taper position for approximately one full year after her transfer, and there is no evidence, for example, that Defendant anticipated future layoffs at the time of the transfer. In other words, the circumstances of the transfer do not reasonably render Defendant's explanation unworthy of credence, or lead to the conclusion that Plaintiff's age was a factor in the layoff. Moreover, regarding the fact that the layoff was conducted without recall rights, Plaintiff acknowledges that all three Tapers were discharged without recall. This evidence, in its entirety, is far too tenuous to fulfill Plaintiff's burden.
Finally, because Plaintiff proffers her assessment that some people "didn't do as much" as her but were nonetheless retained, I must emphasize that her subjective opinions about her qualifications are insufficient to overcome summary judgment. Whether a court thinks that an employer misjudged a plaintiff's qualifications does not, in itself, make the employer's legitimate reasons unworthy of belief. Ezold v. Wolf, Block, Schorr & Solis-Cohen, 983 F. 2d 509, 531 (3d Cir. 1993). A district court may not second-guess the employer's business judgment. Brewer v. Quaker State Oil Refining Corp., 72 F. 3d 326, 332 (3d Cir. 1995). Courts are, therefore, to exercise caution when intruding into subjective employment decisions. See Ezold, 983 F. 2d at 527.
In sum, I find that Plaintiff has failed to exhaust her administrative remedies with respect to her disability discrimination claim, and Defendant is entitled to summary judgment on that claim. Plaintiff may, of course, attempt to reassert that claim after meeting applicable requirements. With respect to her age discrimination claim, plaintiff has failed either to meet her prima facie burden, or has failed to adduce evidence sufficient to demonstrate such implausibilities in the Defendant's proffered legitimate reasons for its actions that a reasonable factfinder could rationally find them unworthy of credence. I will, therefore, grant Defendant's Motion for Summary Judgment as to that claim, as well.
An appropriate Order follows.
AND NOW, this 3rd day of April, 2008, it is hereby ORDERED, ADJUDGED, and DECREED that Defendant's Motion for Summary Judgment (Docket No. [36]) is GRANTED. As regards Plaintiff's ADA claim, judgment is entered without prejudice to Plaintiff. The clerk shall mark this matter closed forthwith.
Donetta W. Ambrose Chief Judge, U.S. District Court
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Valve won't help you with Steam trade scams
Hey gamers! Here's some lousy news - Valve aren't going to help you if you're victim of a Steam trade scam!
"Our community assigns an item a value that is at least partially determined by that item's scarcity. If more copies of the item are added to the economy through inventory rollbacks, the value of every other instance of that item would be reduced," say Steam's policy.
"We sympathize with people who fall victim to scams, but we provide enough information on our website and within our trading system to help users make good trading decisions."
Valve concludes that "all trade scams can be avoided".
So basically, they're saying 'it really is your own stupid fault if you get scammed, soz like'. Seems a bit odd to put the onus on the user, but there you go.
If you're going to trade, then you might want to do some reading up on scams first, so you don't get burned, because they're not going to help you out one bit


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NZ: Mystery Creek Wines launches share offer
New Zealand wine producer Mystery Creek Wines has launched a share offer to fund vineyard expansion.
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Humanity's merge with its technology, which began shortly after the taming of fire, is still happening today. Many predict that the fine-tuning of our DNA-based biology through stem cell and genetic research will spark a powerful nanotech revolution that promises to redesign and rebuild our bodies and the environment, pushing the limits of today's understanding of life and the world we live in.
Nanotech will change our physical world much the same way that computers have transformed our information world. Physical things such as cars and houses could follow the same path of computers, when Moore's Law correctly predicted value-to-cost would increase by 50% every 18 months.
Existing products that are now expensive, such as photovoltaic solar cells, will become so cheap in the decades ahead, that it may one day be possible to surface roads with solar-collecting materials that would also gather energy to power cars, ending much of the world's dependency on fossil fuels.
In addition, imagine machines that create clothing, medicine, food and most essentials, with only your voice needed to command the action. Today, such devices are not available, but by early 2030s, experts predict, a home nanofactory will provide most of your family's needs at little or no cost.
Now bring on the most amazing impending revolution – human-level robots – with intelligence derived from us, but with redesigned bodies that exceed human capabilities. These powerful android creatures expected by 2030, will enable us to tap into their super-computer minds to increase our own intelligence. Constructed with molecular nanotech processes, they will be affordable for every family.
Finally, by mid-century, many people will complete the technology merge by replacing more of their biology with nanomaterials, creating a powerful body that can automatically repair itself when damaged. No more concerns over sickness, accidents, or unwanted death.
Evolution created humanity; humanity created technology, humanity will soon become technology. This is simply our next evolutionary step. Where this trip will take us may be beyond present day knowledge, but whatever the future holds, many people alive today can expect to experience all of its wonders.
Of course, not everyone may hold such a glowing vision of how life may unfold, but for one who has seen so many amazing changes over the past eighty two years, I think it difficult to imagine a negative outcome as we trek through what promises to be an incredible future.
Augmenting or replacing our flesh with artificial nanomaterials will not automagically eliminate concerns over sickness, accidents, or unwanted death. The circumstances for these will change, along with opening up whole new vistas for our fellow cybermonkeys to try to take our electrofood.
I see a more positive future unfolding. Do I view events with more optimism? Yes I do.
I appreciate the first sentence which clearly shows humanities relationship to technology as long and continuous. Still, I don't think it goes far enough. Saying that "Humanity Becomes Technology" implies it has not happened yet, which seems to conflict with the first sentence. "Humanity Becoming Technology" could be better, but sets up an artificial dichotomy between humanity and technology, which I think is false. There is no humanity if there is no technology (of course I'm agreeing with you that fire is a technology, and I would argue so is language), and there is no human-centred technology if there is no humanity. (There is non-human technology, as in non-human animals using tools optimized for specific tasks.) It has been argued that our very biological evolution has already been shaped by our technology.
For example: We are bipedal, but in order to be bipedal we need to have narrow pelvises, if we have narrow pelvises we have to deliver infants that are not developed enough to survive on their own (can't even hold onto their mothers like infant monkeys). We can only survive as a species if our infants survive, so we must carry and protect them. How can we do that? Invent the sling to hold our infants without interfering with gathering and moving. Thus our evolution is already strictly tied to our technology. We would not have made it this far without our technology, nor would we be the biological creatures we are today.
I don't think the division between us and technology is tenable, we are hopelessly integrated into our technology, and perhaps we have been so for as long as we have aware of ourselves as human (or longer). I don't think any of these discussions can really move forward without taking the unity of technology and humanity as a starting point.
Very well said.
Next entry: Do You Want to be a Cyborg, or a Transhuman?
Previous entry: General Artificial Intelligence and the Global Brain
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Our mission could be best said, by something that was found on an IBM computational research site, at http://researcher.watson.ibm.com/researcher/view_project.php?id=588:
"Currently, there are massive amounts of healthcare information in cyberspace, ranging from government and business maintained resources to Web 2.0 user-generated content, e.g. wikis, blogs, online healthcare discussion groups, etc. However, all this information is not being effectively leveraged because 1) the sources are diverse in syntax, semantics and structural representation; and 2) they are fragmented across an enormously distributed network."
To help health care workers and patients understand about the effects of the internet on the practice of Medicine and Healthcare in the world, and to update new developments that are constantly
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We want to provide a one stop Home for this relatively new, and increasingly important study. and to provide a place for world-wide collaboration through use of this. Rather than jumping all over the internet ("ricochet browing") we want to provide a one-stop-site for those interested in Internet Medicine.
Common Language
In Internet Medicine, the language is sometimes confusing; "i-Health", "eHealth", "wireless medicine", "digital medicine", "mHealth". This site hopes to bring clarity to the terms used, and overall consistency, to enhance understanding amongst groups, and individuals.
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This website, by being written in program called "WordPress" allow anyone to give feedback on any page, to allow an "open source" as a way for our readers to share their intelligence, and experience on all topics, all for the common good. Same principle as Linux and Wikipedia, and the Apple App Store.
Breaking Research Developments
We will provide the latest developments of research, and the advent of gadgets, devices, and technologies to use as tools to improve patient encounters.
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The advent of medical apps, to be used to leverage the power of the iPhone, iPad, and internet can be used is so many ways in the clinical settings, to improve efficiency, time load, and accuracy of thinking and testing.
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Why a digital revolution in the Healthcare Industry? Why now? And technologies that continue, and will continue to evolve, and cause even more innovations in the Healthcare field in the coming years.
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Changes are not only occurring in the field of Medicine, but also in the industry of Healthcare Administration. Better ways are found though the tools wrought by the internet, to deal with the out-of-control costs of
Healthcare, and ways are explored on ways to improve care, yet lower the costs.
Every specialty is affected by the digital revolution, the most evident early on are Cardiology, Radiology, and Internal Medicine. but all major specialties are examed, to ascertain how each is, and will be affected.
Internet Medicine is here to stay, and its influence will continue to grow daily. We will do our best to, first of all, present these changes as they occur; second, to put perspective on the effect of these changes.
Never in Medicine in the Western World has there been such a deep, profound, widespead force to improve healthcare. Some of the top businessmen, engineers, and physicans are on the same team with the same goal in mind-better healthcare. An example of co-operation of this "Dream Team" of engineers, doctors, and businessmen is CIMIT, a group out of Boston, which is a prime example of this collaboration occurring in Internet Medicine today.


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Apr 1, 2011
The financial benefits to Costa Rica of diplomatic ties with China may spur others in Central America to follow. Those recognizing Taiwan still get Chinese energy dollars.
by Adam
The $100 million arena,
deemed a "gift" from the Chinese government, is tangible
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text: Yo I just had to restore cuz this stupid theme messed up my lock screen. but anyway i saw that i had to update 1.1.5. So then i looked over here to find a 1.1.4 firmware direct download so i could jailbreak on 1.1.4, but then i saw u could use Ziphone to jailbreak 1.1.5, so i was like hmm, well i should just jailbreak that instead. Since everyone saying customize and SMB dont work, i was like, well i installed a them that messed up my ipod in the first place so hell, i cant make the same mistake twice! (at least till it comes compatible) But anyway, i fresh restored to 1.1.5 then jailbroke with Ziphone w/ no problems, almost too good to be true! But now im in installer and i cant add sources! Whenever I add a source that didnt come with installer on jailbreak, it just shows up as Untitled Source. And im pretty sure im not spelling it wrong cuz i installed community sources and they all came up as untitled as well. so is this cuz of the 1.1.5 firmware, and other people having this problem? or am i just n00b? another question, is it possible for me to downgrade to 1.1.4 anymore? even if i have the 1.1.4 firmware and i do that hold shift and press restore and select thing? cuz i was reading around and it says something like itunes 7.7 or something dont let you do it... *very confused Please Register or Log in to view images edit: i just added a source to add on the te wiggle and iphone apps and stuff and it worked yay. but the others i put in from community sources still say untiled source. anyway i tried installing the wiggle and iphone apps but say i need firmware 1.1.3 or 1.1.4 to install. so i guess thats another thing thats incompatible.


text:
Restoring iCloud backup to a second iPhone
Ask iLounge offers readers the opportunity to get answers to their iPod-, iPhone-, iPad-, iTunes-, or Apple TV-related questions from a member of the iLounge editorial team. We'll answer several questions here each week, and of course, you can always get help with more immediate concerns from the iLounge Discussion Forums. Submit your questions for consideration using our Ask iLounge Submit Form. We reserve the right to edit questions for grammar, spelling, and length.
Q: I have recently lost my iPhone and want to restore the data onto a new iPhone using iCloud. I just wanted to know, however, does the restoration require me to first remove all the data on the old device and then restore onto the new device? Or am I still able to restore onto the new device even though it hasn't been removed from the old device?
- Yasin
A: You can definitely restore an iCloud backup onto another iPhone regardless of whether the data has been removed from the previous iPhone or not.
In fact, you can restore this backup onto as many iOS devices as you like, and—subject to certain device-specific limitations—can even restore an iPhone backup onto an iPad or iPod touch or vice-versa. The only requirement is that the iOS version you're restoring onto must be the same or newer as the one that was used to create the backup in the first place.
To do this, simply restore the iCloud backup as you normally would—by selecting the option during the iOS Setup Assistant, providing your iCloud Apple ID and password, and then selecting the backup that you would like to restore from. Once the restore is complete, your new iPhone will basically be in the exact same state as your old one, although you will likely have to re-enter some passwords for things like your Wi-Fi network, iCloud, iTunes Store, and e-mail accounts.
The new iPhone will not use the same iCloud backup as the old one did, however, as iCloud backups are associated with a specific hardware device ID, not simply your device name. The prior backup will still be associated with the old iPhone, and your new iPhone will make a new, separate iCloud backup under the same device name. You can view these backups by going into Settings, iCloud, Storage & Backup on your iOS device and selecting Manage Storage.
The backup for the device you are currently on will be indicated and should usually be first on the list. The other backup shown here with the same name is from your old iPhone and can be safely deleted to free up space once it's been successfully restored onto your new device. To remove it, simply tap on it and select "Delete Backup" on the following screen.
Note that this method can also be used to setup an additional new device based on the configuration of your existing one, including all apps and data. Simply restore the backup onto your new device to get started and then customize it further by changing the name, deleting the apps you don't want, and adjusting your settings accordingly.
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text:
- Location:
- Winter Park, FL
- Price:
- Manufacturer:
- John Deere
- Model:
- Mini Z-Trak 717A
Interested in this machine?
- Condition:
- used
- Year:
- 2007
- Class:
- Subcategory 2:
- Commercial Zero Turn Mower
- Category:
- Agriculture equipment in Florida
- Subcategory:
- Farming
- Subcategory 2:
- Grounds care
JOHN DEERE MINI Z-TRAK 48" ZERO TURN MOWER The two Mini Z-Traks come equipped with a 19 hp or 23 hp, vertical-shaft, air-cooled Kawasaki engine coupled with a 48- or 54-inch 7-Iron II deck. The shorter overall length of the 717A and the 727A requires less trailer space and increases maneuverability for mowing on smaller properties. Like the larger Z-Traks, these include a single-piece tubular-steel frame for assured strength. The foot-assist and no-tool deck height-of-cut adjustment are two of many features designed to increase operator comfort and convenience and improve productivity.
Get email updates for John Deere Mini Z-Trak 717A


text:
Phone: (289) 320-8250
1238 Dominion Road
Fort Erie, Ontario, L2A 1H7
To view our complete product offer in your area, we suggest you select this RONA.
At anytime you can select another RONA store or a RONA L'Entrepôt/ Home & Garden. The product selection listed will match the selected store.
Screen Door LockScreen door lock for all outward 1 -in. to 2 in. thick opening and patio doors. Spring strike. 1 3/4-in. centres.


text:
Ratings based on 1,069 Verified Reviews
They paid and stayed. We double-checked.
4.1 Room cleanliness
4.1 Service & staff
4.0 Room comfort
3.8 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler from Sylacauga, AL
Nice, clean, convenient hotelPosted Dec 2, 2016
We have stayed at this hotel several times. It is clean, comfortable, and conveniently located within walking distance to all the major attractions. The breakfast that is included is more than just the normal continental breakfast. Eggs, sausage, gravy and more are served up by a very nice husband and wife couple. I would recommend this hotel to anyone!
by A verified traveler from Hattiesburg, USA
Great hotel, walking distance to everything!Posted Nov 24, 2016
We stayed here and was able to park the car and leave it for the week. Trolley next door able to take us anywhere we need to or just walk down the street. Very very convienent!
by A verified traveler from illinois
Nice facilityPosted Nov 16, 2016
Although a bit dated, the room was clean and comfortable. We had a balcony facing the stream which was nice; however we were downwind from the cigar and cigarette smoking neighbors. The same neighbors woke at 5 am for their morning smoke and conversation. She sat on the balcony while he worked the bathroom at the other end of the room and they planned their day loudly. 5 am. The breakfast was nice; the biscuits were fresh and hand made -- light and buttery! The hotel is at the far end of the tourist spots but very walkable. Ate at the mellow mushroom and the smokey mountain trout house, both short walks.
by A verified traveler from US
Cozy stayPosted Nov 14, 2016
Pros: Our room was comfortable, the staff was great and the breakfast is wonderful
Cons: Our November stay was cool so getting the temperature in our room was sometimes a challenge
Location: The hotel is near the end of the strip but just about everything is within walking distance, so much to see and do !
by A verified traveler from US
Fun in GatlinburgPosted Nov 14, 2016
Perfect place to stay. It was walking distance to the strip so we didn't worry about parking since we left the car at the hotel. Clean, comfortable room. Great staff & breakfast.
by A verified traveler from US
Nice hotel. Close to all shops in Gatlinburg.Posted Nov 13, 2016
Everything was great. Sad to hear closing the end of November.
by A verified traveler from US
Posted Nov 12, 2016
Location: Great location on north end of town. About 1/2 block past Aquarium on left side heading north. Easy walk to everything.
Well maintained and clean property. Would stay there again. Friendly and helpful staff. Breakfast area was spotless and had excellent food. Scrambled eggs, biscuits. gravy, sausage patties, fresh fruit, toast, sweet rolls, waffles(not frozen), cereal, yogurt, juices and coffee. Lady running dinning area was supper nice and constantly cleaning.
by A verified traveler from Lexington, SC, United States of America
Great location !Posted Nov 9, 2016
Pros: Everything
Location: We were in the heart of Gatlinburg, two buildings away from the aquarium, the Mall and we could walk to wherever we wanted to go.
When we got to the hotel they had not received the information about me needing a ground floor room. They took their time and found us a ground floor room near the office which had a king bed, fireplace, refrigerator, mcrowave, etc. We were right in downtown Gatlinburg and could walk to pretty much anywhere we wanted to go. The staff was very accomodating in helping us find the different places we wanted to go. When we go back to Gatlinburg we are definitely staying there again.
by A verified traveler from Fishers, IN
Throwback roomPosted Nov 6, 2016
Location: Not too far away from the center of town
Room was off from the others. View was of someone else's room. Shower rod was curved so the shower curtain would go to the center of the tub and leave both ends uncovered. Breakfast was okay but bland. Had to ask for hot cholate.
by A verified traveler from US
Convenient locationPosted Nov 3, 2016
Walking distance to Gatlinburg attractions. Disappointed in this Best Western. Needs updating, rooms are small and worn. Tile floor was dirty and our room had a musty odor. Meager continental breakfast.


text:
"Howdy all, I'm your Game Show Reviewer, reviewing the game show greats, and the occasional dud!"The Game Show Reviewer is a reviewer of... well, game shows. Possibly the only review show that focuses on game shows. A member of Space Monkey Mafia Studios, Game Show Reviewer is a plot-driven review show similar to Atop the Fourth Wall. The story revolves around a computer virus infected-time traveling fighter plane that for some reason usually lands the lead character in close proximity of a game show studio, usually leading to his reviewing of it.
— Game Show Reviewer's Tag Line
This series provides examples of:
- Berserk Button: Try not to mention Pyramid 2002 around the Reviewer...
- Caustic Critic: Averted. The game shows reviewed on the show are usually very popular and big successes. There are exceptions to every rule though
- Our Time Machine Is Different: Tempest One, a retrofitted fighter plane from the future (circa 2260)
- Our Time Travel Is Different: Never really explained how it works...and it doesn't really work that well at first anyways...
- The Reveal: In the Family Feud episode it's revealed that Cmd. Sara Stormer is a game show reviewer and is out to destroy the Game Show Reviewer to be the only Game Show Reviewer. This is complete with her own title sequence were she calls the Game Show Reviewer "a renegade." She not a very good one as she skips over every game show host of Family Feud after Louie Anderson because she call them "filler." The Game Show Reviewer has to fill the audience in on the others, especially host Steve Harvey and the funny answers that almost rival the Dawson era.
- Self-Deprecation: He has often poked fun at the fact that he isn't as popular as some other reviewers.
- Video Review Show


text:
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Sad news for lovers of Singapore Airlines' A380s: The original Singapore Airlines A380 is going to be retired in 13 months. Singapore Airlines has decided not to extend the lease on this aircraft, instead letting it expire in October 2017. The plane (registration 9V-SKA) was originally delivered on October 15, 2007. Just 10 days later, Singapore Airlines used it to fly the first ever commercial A380 flight between Singapore (SIN) and Sydney (SYD).
Singapore Airlines hasn't indicated why it's dropping this historical aircraft, but that's not keeping analysts from speculating. There's no official decision from Singapore Airlines regarding the fate of the next four A380s — which also have 10-year leases expiring soon — but a CAPA Center for Aviation analyst told the Wall Street Journal it's unlikely Singapore Airlines will keep them:
[Singapore Airlines] fleet plan and strategy has always been to replace those aircraft. Early model airplanes come with limitations and Singapore Airlines never wanted to be stuck with remarketing these five airplanes.
It seems Singapore Airlines had the foresight to avoid getting stuck with having to sell these early superjumbos. Instead, the carrier will be effectively replacing the original A380s with newer A380s. A Singapore Airlines spokesperson confirmed that the airline is retaining its five A380 orders with Airbus. These new aircraft are expected to be delivered beginning "in the second half of 2017" — just in time to start phasing out these original A380s.
While it's a good sign for Airbus that Singapore Airlines isn't completely bailing on the A380, this news is still a big hit to the program. The manufacturer is having a hard enough time selling new planes — and it only plans on producing 12 new aircraft in 2018. The last thing it needs is a glut of used A380s hitting the market further eroding demand. In addition to this former Singapore Airlines A380 hitting the market, Malaysia Airlines is planning to phase out all of its A380s by June 2018.
Chase Sapphire Preferred® Card
|Intro APR
|Regular APR
|Annual Fee
|Foreign Transaction Fee
|Credit Rating
|16.24%-23.24% Variable
|Introductory Annual Fee of $0 the first year, then $95
|Excellent Credit


text:
Solar lights
Solar garden lights are a great way to keep your garden bright after sunset – and do away with the difficulties of getting power outdoors . We stock various styles of outdoor solar lights , so can get this efficient, environmentally friendly solar power lights in an aesthetic that suits your garden. Explore our range – at Notcutts we only stock high quality products, so you can be sure you're looking at the best solar lights for your garden.
Showing 7 of 7 items
Motion Sensor Wall Light
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text:
Patients who choose VCRM for IVF receive personalized treatment
Making the decision to undergo IVF, in vitro fertilization, takes considerable commitment. You will need support you can depend on from the onset of treatment. At our Virginia fertility center, you can rest assured that you are receiving personalized treatment from our dual board certified fertility specialist, Dr. Fady Sharara. Furthermore, our embryologist, Dr. Galal Abdo, directs our sophisticated, state-of-the-art IVF lab, which adds to our stellar track record.
When is IVF a good fertility treatment option?
Patients come to VCRM from the greater Washington DC area— and from across the U.S. and abroad—to receive our boutique-style, personalized care during this important phase of their fertility treatment.
IVF is a good option for patients who are experiencing a variety of obstacles in their journey to create a family.
- Unexplained infertility issues
- Physical problems such as blocked fallopian tubes
- Advanced maternal age
- Premature menopause
- Severe male infertility issues
- Recurrent miscarriages
- Failed ovarian stimulation
Why choose our Virginia fertility center?
Our fertility doctor and our caring VCRM staff will walk you through every step along the way of the IVF process: ovarian stimulation, egg retrieval, fertilization, ancillary IVF services, embryo transfer and luteal phase support.
No question should go unanswered—we are always here for you; in fact, former and current patients often praise our staff for their compassion and helpfulness.
Patients also appreciate the personal care they receive at VCRM. For example, patients know that they will always see Dr. Sharara rather than a variety of doctors that they might find at a large, more impersonal practice. Dr. Sharara has been continuously nominated as a Top Fertility Doctor by Washingtonian magazine since 2005.
Our exemplary IVF lab, directed by our experienced embryologist, also contributes to our IVF success. We perform several important services for fertility testing and treatment in our in-house lab, ensuring that we maintain control over your tests and procedures.
Andrology services—semen analysis, retrograde ejaculation testing and sperm cryopreservation
Embryology services—IVF, intracytoplasmic sperm injection (ICSI), blastocyst culture, egg freezing and preimplantation genetic diagnosis and screening (PGD, PGS)
Endocrinology services—blood analysis for reproductive hormones
Our IVF success rates, which are well above the national average, make our Virginia fertility center a good choice for IVF. We also offer a money-back guarantee policy which our office staff will be happy to discuss with you.
If you are looking for help with IVF and infertility issues, contact us. Our goal is to help you create the family you desire while offering you caring support along the way.


text:
Acts of Faith.
Caputo, Philip.
• Terms • Ask a Question
New York: Alfred A Knopf, 2005. 8vo. 666 pp. Corners and spine ends lightly bumped and worn, otherwise book is fresh and clean. Near Fine Paperback 0375411666 (Item ID: 60014)
- More: FICTION
- By This Author: Caputo, Philip.


text:
Sts. Barbara and Juliana The Martyrs
Saint Barbara was born in the 3rd century A.D. in the city of Heliopolis in Phoenicia, which was then under the rule of the Roman Emperor Maximian - a vicious persecutor of ...
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"[Dispute Over Jesus' Testimony] When Jesus spoke again to the people, he said, "I am the light of the world. Whoever follows me will never walk in darkness, but will have the light of life."" John 8:12
Metropolitan's Residence | The Northeast American Diocese has purchased property in Muttontown, Long Island, ...
Welcome to the official site of the Northeast American Diocese of the Malankara Orthodox Syrian Church!
The Malankara Orthodox Syrian Church, otherwise known as the Indian Orthodox Church, traces its apostolic roots to St. Thomas, the Disciple of Jesus Christ. St. Thomas preached the Gospel in the southeast Asian subcontinent of India, specifically in a state presently known as Kerala. It is there that St. Thomas established 7 Churches and 1 chapel. This Church grew from hundreds of converts to a present day of 3.5 million faithful. More than 2,500 families of those humble faithful live in the Northeast North American continent.
Canonically formed and established as a Diocese in 1979, the then known American Diocese, grew from Her humble beginning of a handful of congregations to more than 90 parishes and congregations scattered all across North America. In order to better minister to the faithful of this continent, the Holy Church divided the North American Church into two Dioceses, namely - the Northeast American Diocese and the Southwest American Diocese. The Northeast American Diocese has its headquarters in the quiet Long Island suburb of Muttontown, New York.
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text:
TNA House Show (February 4, 2010)
88,876pages onAdd New Page
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The TNA House Show is a House show produced by Total Nonstop Action Wrestling on February 4, 2010 in Topeka, Kansas.
Match Results
- Numbers in parentheses indicate the length of the match.
- (c) refers to the champion(s) heading into the match.
- Chris Sabin defeats Jay Lethal
- Tara (c) defeats ODB to retain the TNA Women's Knockout Championship
- Samoa Joe defeats Abyss
- Hernandez & Matt Morgan (c) defeat Team 3D (Brother Devon & Brother Ray) to retain the TNA World Tag Team Championship
- D'Angelo Dinero defeats Desmond Wolfe
- Jeff Jarrett defeats Mr. Anderson


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Today with Sean... (1)
Audio (1)
Hillary Clinton launched her memoir, Hard Choices, this week in what appears to be traditional fashion for someone about to embark on a US Presidential campaign. Sean was joined by ...
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Yellow App - Parents, Listen Up!
The Big Mac on the Ryan Tubridy Show
Shoeboxes for Christmas
Orkambi users on Liveline
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Digital Cameras > Olympus Stylus 9000
Olympus Stylus 9000
12MP Compact Digital Camera with 10x Optical Zoom
Most frequently recommended for:
Best Compact Digital Camera for Travel Photos Under $400
- Best Price: $179 See It »
Recommended as
"At the time of launch this camera was promoted by Olympus as smallest 10x zoom camera. At 1.2" thickness this camera is indeed slimmer than competition. However it disappoints on image quality front. Compression artifacts are on the higher side…"


text:
Nick Sacco, New Jersey Mayor, Reps North Bergen in Budget Political Ad
"The streets are clean and the parks are beautiful," says a citizen in a thrilling last-minute political ad for Nick Sacco of North Bergen, New Jersey, the mayor (and state senator!) aiming for reelection tomorrow. But the spot's real star is Tyler "TyAlaxandar" Griffin, a young rapper whose infectious "I Be From North Bergen Son," is interspersed throughout. After the jump, the full song, double-time flow and all, set to a photo montage from North Bergen High School because why not -- we don'treally
hate New Jersey.
[viaTom Scocca
,All Hip Hop
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United States District Court, N.D. California
April 2, 2014
GRANITE RANCH OPPORTUNITIES LLC, Plaintiff,v.RACHELLE MORGAN-LEWIS, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION AND REMANDING ACTION Re: ECF No. 6
JON S. TIGAR, District Judge.
In this removed action for unlawful detainer, Magistrate Judge Grewal issued a report and recommendation prior to the reassignment of the action to this Court. ECF No. 6. Judge Grewal found that the court lacks subject matter jurisdiction. First, federal-question jurisdiction does not exist because Granite Ranch brings a single unlawful detainer claim, which is predicated on state law. Second, diversity of citizenship is absent because both parties are citizens of California.[1]
The period for filing objections to this report and recommendation has ended, and no party has filed objections. Because the report and recommendation is thorough and well-reasoned, the Court adopts it in every respect. Accordingly, this action is REMANDED to Monterey County Superior Court. The Clerk shall mail a copy of this order to the clerk of the Superior Court and terminate this action.
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York 1000-SC Indoor Training CycleYRK53092 014961530926
Item Added to Cart
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This York 1000-SC Indoor training cycle is for the fitness conscious person looking for a real cycling experience.
Key Features
- The York 1000-SC Indoor training cycle has adjustable handlebars and a comfortable adjustable seat to make sure you're in the right position for an epic work out.
- The York training cycle has a 14kg flywheel and chain drive.
- This training cycle is ideal for a 120kg user weight.
- The training cycle's handlebars and seat are both adjustable in all four directions (up, down, forwards and backwards.)
|Barcode (GTIN)
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|Weight (kg)
|Product Height (cm)
|Product Width (cm)
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If you feel your product has failed a Consumer Guarantee (as defined by Australian Consumer Law) then don't worry you can easily return it to your local Harvey Norman store. We'll even pay for the postage if you live in an area where there is no store. Our returns policy covers any purchased item (conditions apply).
Either complete the details below or chat to a staff member online.
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Bright and spacious cross ventilated 2 bedroom apartment on the second floor located in quiet residential area of Agia Fyla just few minutes driving distance from all amenities. 2 covered verandas, covered parking and storage, ready title deeds.
Apartment – Limassol, Cyprus
148,000 €
1,436 € /m²
Total area: 103 m² 2 bedrooms 2 separate bathrooms
- Sea at 6,000 m


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Added to Shopping Bag
Swarovski Smoked Topaz Lite Colorado Crystals String Necklace & Brooch
Listed by Penny Lane
Size: Jewelry Sets
Price: $25.99
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.
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Swarovski Smoked Topaz Lite Colorado Crystals String Necklace & Brooch
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Pay with Credit Card, PayPal, or Affirm.
This item has original tags and shows no visible signs of wear.
NSC733 Swarovski Smoked Topaz Lite Colorado Crystals String Necklace & Brooch
Made with Swarovski Smoked Topaz & Lite Colorado Crystals with beautiful gorgeous handcrafted Necklace & matching brooch. We can also make custom earrings same Crystals like Necklace. All of our designs are based on beautiful & unique Vintage Style Jewelry from many different eras. We always use the finest quality of Crystals & components.
Material Used : Swarovski Smoked Topaz & Lite Colorado 4mm bicone
Necklace Length : 16 inches with 2 inches extension Brooch
Size : 3/4 inch diameter
Guarantee : 100% satisfaction for material & workmanship used in making this Jewelry
Free Customization Service : We can make matching bracelet / earrings and/or customize the Jewelry per your style, color choices
Year Purchased:
Fri 12/9/16 - Tue 12/13/16 (4-8 days)
This item is Final Sale and may not be returned if you have a change of heart or if it doesn't fit quite right. We recommend taking a good look at all item details before purchasing.
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text:
Standing Beef Rib Roast
|Rib roast
|5 Pound
|Olive oil
|3 Tablespoon
|Chopped garlic
|4 Tablespoon
|Italian seasoning
|To Taste
|Salt and pepper
|To Taste
|1 Medium, chopped
|1 Cup (16 tbs)
|Beef broth
|2 Cup (32 tbs)
|2 Cup (32 tbs)
|All pupose flour
|1 Cup (16 tbs) (or more if needed)
1. In a Dutch oven or pot on medium heat, put olive oil, garlic, salt and pepper, and saute it for 2 minutes or until onions are soft.
2. Sprinkle in the Italian seasoning, place the rib roast, fat side down and cook for 2 or 3 minutes.
3. Sprinkle with some more Italian seasoning and pepper on top, turn and brown on all sides.
4. Lower the heat to medium low, allow to simmer, put the lid on and cook until the internal temperature is about 150 F and the roast release its fat.
5. Remove the roast and set aside.
6. Drain of the excess fat, and leave about ¼ inch of fat in the pot.
7. Raise the heat to medium, and add in flour just enough to soak the liquid.
8. Stir and cook the roux until it cooks turns brown in color.
9. Pour in the broth, stir until smooth, raise the heat to medium high and bring the broth to boil.
10. Add in water, taste and season to taste.
11. Lower the heat to low and cook until it reduces.
12. Place the roast in the gravy and spoon some gravy on top.
13. Cover the Dutch oven with lid and allow to cook for 15 to 20 minutes, and flip the roast couple of times.
14. Carve the roast and serve it with mashed potatoes and gravy on top.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 575 Calories from Fat 177
% Daily Value*
Total Fat 20 g30.4%
Saturated Fat 5.5 g27.4%
Trans Fat 0.1 g
Cholesterol 158.8 mg52.9%
Sodium 424.2 mg17.7%
Total Carbohydrates 29 g9.6%
Dietary Fiber 1.4 g5.8%
Sugars 1.3 g
Protein 66 g132.9%
Vitamin A 0% Vitamin C 7.1%
Calcium 9.6% Iron 19.4%
*Based on a 2000 Calorie diet