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February 19, 2010
MICHAEL LOUIS FOSTER, PLAINTIFF,v.A. ENENMOH, ET AL., DEFENDANTS.
FINDINGS AND RECOMMENDATIONS, RECOMMENDING DISMISSAL OF ACTION, WITH PREJUDICE, FOR FAILURE TO STATE A CLAIM OBJECTIONS, IF ANY, DUE IN 30 DAYS (Doc. 15.)
Plaintiff Michael Louis Foster ("plaintiff") is a state prisoner in the custody of the California Department of Corrections and Rehabilitation, and is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 3, 2008. The Court screened Plaintiff's complaint under 28 U.S.C. § 1915A and issued an order on March 30, 2009, dismissing the complaint for failure to state a claim with leave to amend. (Doc. 10.) On May 15, 2009, Plaintiff filed the First Amended Complaint. (Doc. 15.) On July 31, 2009, the Court dismissed the First Amended Complaint for failure to state a claim, with leave to amend. (Doc. 16.) On September 13, 2009, plaintiff filed the Second Amended Complaint, which is now before the Court. (Doc. 21.) Plaintiff has also filed a motion for preliminary injunctive relief, in which he requests the court to order prison officials to immediately prescribe Metamucil for treatment of his medical condition. (Doc. 22.)
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id. at 1949.
Plaintiff, who is currently incarcerated at the California Substance Abuse Treatment Facility and State Prison in Corcoran ("CSATF"), brings this action for inadequate medical care in violation of the Eighth Amendment of the United States Constitution. Plaintiff alleges that he has had constipation since 2006 when doctors changed his prescription from Metamucil. Plaintiff alleges that he has not been provided with appropriate medical care for his ailment, and has been left to suffer in pain, despite his attempts to secure treatment by seeing doctors and a doctor's assistant. Plaintiff names as defendants Dr. A. Enenmoh (Chief Medical Officer), Physician's Assistant Jean-Pierre, and Dr. S. Raman.
Plaintiff alleges in the Second Amended Complaint as follows.
In 2006, plaintiff was taking Metamucil for his constipation problems, which worked well. At the end of 2006, plaintiff requested a refill, and although Dr. Enenmoh says he prescribed Metamucil, plaintiff was given fiber tablets instead, which did not work. Plaintiff returned to Dr. Enenmoh and told him the fiber tablets did not work and the constipation was worse. Dr. Enenmoh told plaintiff he could not prescribe Metamucil anymore because it was "nonformulary" and continued prescribing fiber tablets. Plaintiff's constipation became worse and he complained to Dr. Enenmoh about stomach pains, pain in his hernia area and rectum from straining, and going without a bowel movement for 3 to 4 days at a time. Dr. Enenmoh continued to refuse to prescribe Metamucil, told plaintiff to continue with the fiber tablets, and also prescribed Milk of Magnesia. Plaintiff returned to Dr. Enenmoh and told him the Milk of Magnesia caused diarrhea, but then the constipation would continue. Dr. Enenmoh told plaintiff to take more fiber tablets, but plaintiff's abdominal pain and the constipation worsened. Dr. Enenmoh prescribed fiber tablets and stool softener, and antibiotics for the flank pain. Plaintiff's flank pain worsened, and the constipation and other pains continued. Dr. Enenmoh ordered x-rays, an ultrasound, a CT scan, and arranged for plaintiff to see a urologist.
Plaintiff returned to Dr. Enenmoh on December 5, 2007, for results of the tests and was told that he had kidney stones and should continue taking fiber tablets for constipation. Plaintiff told Dr. Enenmoh that the directions on the fiber tablets said to stop taking them if you have abdominal pain, but Dr. Enenmoh said the fiber tablets were not the cause of his pain, and it was okay to continue taking them. Plaintiff again asked for Metamucil but was refused. Plaintiff's symptoms continued.
On February 15, 2008, plaintiff saw Physician's Assistant Jean-Pierre. Plaintiff explained his history of constipation and pain, and he told Jean-Pierre that the Milk of Magnesia, Docusate Sodium, and fiber tablets did not work, but Metamucil does work. Jean-Pierre prescribed Lactulose, a medication for people who have hepatitis, not constipation. The Lactulose gave plaintiff extreme diarrhea and caused him to have accidental bowel movements in his undershorts, and the constipation continued. On March 14, 2008, plaintiff returned to Jean-Pierre and told him about his symptoms. Jean-Pierre prescribed Docusate Sodium, even though plaintiff told him it doesn't work. The constipation and pain continued.
On June 18, 2008, plaintiff saw Dr. S. Raman and explained about his history of pain and constipation. Dr. Raman reviewed plaintiff's medical file and acknowledged the CT Scan, x-ray, ultrasound, and kidney stones. Dr. Ramen prescribed fiber tablets and Milk of Magnesia, even though plaintiff explained they don't work. Dr. Ramen told plaintiff to take more of the fiber tablets and to try chewing them. Plaintiff told Dr. Ramen about the instructions on the bottle of fiber tablets that said to stop taking the tablets if you experience abdominal pain. Dr. Ramen told plaintiff the fiber tablets were not the cause of his pain and he should continue taking them. Plaintiff's constipation and pain continued.
In July 2008, plaintiff noticed a lump on his neck which turned out to be a tumor. Plaintiff believes the tumor was caused by a build-up of fecal matter in his neck from chronic constipation.
On September 2, 2008, plaintiff saw Dr. Ramen again, and he finally prescribed Metamucil for plaintiff, but on September 3, 2008, Dr. Enenmoh denied the prescription and plaintiff was given more fiber tablets. On October 16, 2008, Dr. Ramen reordered Metamucil, but plaintiff never received it. Plaintiff continues to suffer from constipation and pain in his abdomen, flank, groin, rectum and hernia area.
"[T]o maintain an Eighth Amendment claim based on prison medical treatment, an inmate must show 'deliberate indifference to serious medical needs.'" Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 295 (1976)). The two part test for deliberate indifference requires the plaintiff to show (1) "'a serious medical need' by demonstrating that 'failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain,'" and (2) "the defendant's response to the need was deliberately indifferent." Jett, 439 F.3d at 1096 (quoting McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (internal quotations omitted)). Deliberate indifference is shown by "a purposeful act or failure to respond to a prisoner's pain or possible medical need, and harm caused by the indifference." Id. (citing McGuckin, 974 F.2d at 1060). In order to state a claim for violation of the Eighth Amendment, Plaintiff must allege sufficient facts to support a claim that the named defendants "[knew] of and disregard[ed] an excessive risk to [Plaintiff's] health . . . ." Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 1979 (1994).
In applying this standard, the Ninth Circuit has held that before it can be said that a prisoner's civil rights have been abridged, "the indifference to his medical needs must be substantial. Mere 'indifference,' 'negligence,' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980), citing Estelle, 429 U.S. at 105-06. "[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical malpractice does not become a constitutional violation merely because the victim is a prisoner." Estelle, 429 U.S. at 106; see also Anderson v. County of Kern, 45 F.3d 1310, 1316 (9th Cir. 1995); McGuckin, 974 F.2d at 1050, overruled on other grounds, WMX , 104 F.3d at 1136. Even gross negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).
Also, "[A] difference of opinion between a prisoner-patient and prison medical authorities regarding treatment does not give rise to a s 1983 claim." Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981) (internal citation omitted). To prevail, plaintiff "must show that the course of treatment the doctors chose was medically unacceptable under the circumstances . . . and . . . that they chose this course in conscious disregard of an excessive risk to plaintiff's health." Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986) (internal citations omitted).
Further, under section 1983, Plaintiff must demonstrate that each defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (emphasis added). The Supreme Court recently emphasized that the term "supervisory liability," loosely and commonly used by both courts and litigants alike, is a misnomer. Iqbal, 129 S.Ct. at 1949. "Government officials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior." Id. at 1948. Rather, each government official, regardless of his or her title, is only liable for his or her own misconduct, and therefore, Plaintiff must demonstrate that each defendant, through his or her own individual actions, violated Plaintiff's constitutional rights. Id. at 1948-49.
In this action, Plaintiff seeks to impose liability on Dr. A. Enenmoh, Dr. S. Raman, and Physician's Assistant Jean-Pierre for failing to appropriately treat his symptoms which he attributes to chronic constipation and an adverse reaction to medication prescribed by these defendants. Plaintiff has shown that he has a serious medical need which causes him pain and adversely affects his ability to function in day-to-day activities. Plaintiff has also demonstrated that Dr. Enenmoh, Dr. Raman, and Physician's Assistant Jean-Pierre each acted to affect plaintiff's medical care. However, plaintiff has not stated facts showing that any of these defendants was deliberately indifferent by purposely acting or failing to respond to plaintiff's pain or medical need, with harm caused by the indifference. Therefore, plaintiff fails to state a claim against defendants Enenmoh, Raman, and Jean-Pierre for inadequate medical care under the Eighth Amendment.
The court finds that plaintiff's complaint fails to state any claims upon which relief can be granted under section 1983 against any of the defendants. Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend 'shall be freely given when justice so requires.'" In addition, "[l]eave to amend should be granted if it appears at all possible that the plaintiff can correct the defect." Lopez, 203 F.3d at 1130 (internal citations omitted). However, in this action plaintiff has been granted two opportunities to amend the complaint, each time with guidance by the court. Plaintiff has now filed three complaints without alleging facts against any of the defendants which state a claim under § 1983. The court finds that the deficiencies outlined above are not capable of being cured by amendment, and therefore further leave to amend should not be granted. 28 U.S.C. § 1915(e)(2)(B)(ii); Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987).
Accordingly, based on the foregoing, the court HEREBY RECOMMENDS that this action be dismissed in its entirety, with prejudice, for failure to state a claim upon which relief can be granted.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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- Details
- Reviews
Your full-day hiking tour begins with a convenient pickup. Meet your guide, double-knot your laces and set off into the wilderness with your optional hiking poles in tow. Learn fascinating interpretive facts about the area along the way and enjoy a gourmet picnic lunch (see Itinerary section below for menu). At the end of your hike, you'll be dropped off back at your hotel.
Hiking Schedule
Sunday - Kootenay National Park Trails
Travel to three short hiking trails within Kootenay National Park such as Vista Lake, Marble Canyon, Numa Falls, Paint Pots, and Fireweed Loops. Enjoy connecting with nature with a variety of different views of the National Park. This trip is ideal for families and first time hikers!
Return Distance: 4.5 miles (8km)
Elevation Gain: 492 feet (150 meters)
Monday and Saturday - Larch Valley
Beginning from the Valley of Ten Peaks at Moraine Lake, this scenic trail is not for the faint of heart, as there are sometimes bears in the area. But the brave are rewarded with unforgettable views on the ascent through the Larch Forest, to Sentinel Pass. Adventurous nature lovers will like this moderate 5-hour climb.
Return Distance: 5.6 miles (9 km)
Elevation: 1,500 feet (465 meters)
Tuesday and Thursday - Stanley Glacier
This trail takes you through the regrowth of the tragic 1960s and 2003 fires, so you can see new life emerging in this once blackened forest. See stunning views of Stanley Glacier sliding down the side of Mt Stanley as well as Peyto Lake. This is a great hike for those seeking a relatively easy 4-hour stroll through beautiful scenery.
Return Distance: 5.25 miles (8.4 km)
Elevation: 1,285 feet (395 meters)
Wednesday and Friday - Plain of Six Glaciers
Begin on the shores of picturesque Lake Louise, then rise up a mountain for breathtaking views of the emerald lake from above and surrounding valleys and peaks, and in the distance, Peyto Lake. Stop at the teahouse for cakes and tea (own expense). People wanting a challenge with rewarding views will dig this moderate 4-hour hike.
Return Distance: 6.6 miles (10.6 km)
Elevation: 1,110 feet (340 meters)
Please Note:
This tour is seasonal and only operates from June through to September. Early and late season itinerary changes may apply during the month of June.
During early season (June), tour does not offer pickups or drop-offs in Lake Louise. July 1st onwards, pickups and drop-offs are available in Lake Louise on Monday, Wednesday, Friday, and Saturday.
Schedule details
Select a month to view a calendar of availability and departure details.
Hotel pickup is available from Banff hotels and select Lake Louise locations
Please Note: Hotel pickups commence earlier than the tour departure time. A specific pickup time for your requested hotel will be given to you when you call to reconfirm your tour.
This tour returns to the original departure point at approximately 4:00pm
Pricing information
Click the link below to check pricing & availability on your preferred travel date. Our pricing is constantly updated to ensure you always receive the lowest price possible.
Pricing information
Classic Hikes
- Certified hiking guide
- Hotel pickup and drop-off
- Use of hiking poles
- Use of binoculars
- Packed lunch
- Optional gratuities
- Confirmation will be received at time of booking
- This tour must be booked at least 72 hours in advance of your travel date
- Confirmation for this tour will be received at time of booking
- Guests should dress with layers and have a hat, warm gloves and sturdy walking shoes
- Please bring a small pack for lunch and extra clothes
- Child prices are not available, adult prices apply to all travelers
- This tour is not recommended for children aged 12 years and under
- Please note: due to changing weather conditions throughout the year, your hiking route may be modified for safety or accessibility of trails
Lunch Options:
Please indicate your lunch option at time of booking:
- Vegetarian sandwich
- Beef sandwich
- Ham and cheese sandwich
Option 1: Rockies Club Sandwich (chicken, bacon, tomato, romaine lettuce, egg, bound in mayonnaise and served on a soft bun)
Option 2: Roast Beef and Monterey Jack Cheese (horseradish mayo on a soft bun)
Option 3: Vegetarian Wrap (red onion, plum tomato ragu sauce with baked egg plant and veggie cheese wrapped in a soft flour tortilla)
*Vegan friendly
Gluten Free Option: Fresh Chicken Salad (romaine lettuce, cucumber, tomato and green onions with dressing on the side)
Child Option: Classic peanut butter and grape jelly sandwich
(**Can be ordered without any of these ingredients)
Also Included: Fresh apple, cranberry juice, salted potato chips, cinnamon crunch muffin with cream cheese frosting (GF and Vegan options will have diet-friendly snack)
Cancellation Policy
If you cancel between 3 and 6 day(s) in advance of the scheduled departure, there is a 50 percent cancellation fee.
If you cancel within 2 day(s) of the scheduled departure, there is a 100 percent cancellation fee.
Traveler Reviews
Reviewed by: Karen B, September 2016
Customer service - excellent
Norm- excellent
Reviewed by: Ryan D, August 2016
This hike was amazing and doing it through this tour company was a great move. Norm, our guide, drove us and about a half dozen other folks from Banff to Lake Louise. The ride was in a comfortable Mercedes Benz sprinter van. Norm talked with us the whole way up and was very knowledgable about nature and the Banff National Park area, and answered a bunch of our questions. When we arrived at Lake Louise, it was readily apparent that even if one weren't interested in having a guide on the hike, the fact that we did not ourselves have to navigate the sea of people and parking issues at the lake was worth it alone. During the hike, Norm continued to answer any questions we had about the route and things we saw. The views were spectacular and the lunch provided by the company was very good. I would highly recommend this hike to anyone looking to learn about Banff, and also anyone who wants a relatively stress free way to visit Lake Louise during the high tourism season. Norm also specifically made this outing one of our favorites during our entire 2 week vacation to Canada.


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According to a Daily News report in November, black and Latino kids made up 70 percent of the city's school population but only 17 percent of the population at elite schools like Brooklyn's Mark Twain I.S. 29 for the Gifted & Talented. And while some programs like the city's Young Men's Initiative are aiming to close the achievement gap, they're in the minority.
Howard University professor and The Root contributor Ivory A. Toldson added that there are underlying financial factors that also affect academic achievement.
"There's a stark wealth gap in New York between black and brown families versus white families. This is reflected in the school system, where property taxes are used to fund schools, which translates to higher salaries for teachers who can instruct advanced courses and facilitate expanded college-counseling services," Toldson told The Root. "I'm surprised that Walcott only projected a half-a-percent increase per year, because I consult in New York with Mayor Bloomberg's Young Men's Initiative, which, along with George Soros' foundation, [has] given millions to schools showing potential to graduate African-American and Latino males at a higher rate, and they are making early strides."
On the other hand, the New York Times reported that while the number of minorities attending private schools in New York City sits at 29.8 percent, it is an increase from 21.4 percent a decade ago. But Steve Perry, founder of Capital Preparatory Magnet School in Hartford, Conn., said that this discussion is really about creating an environment for learning.
"It's not an achievement gap; it's an access gap. If you put black and Latino kids in great schools, like anyone else they'll be great students," Perry told The Root. "I've yet to go to any ZIP code in America and find dumb kids, but I can find some raggedy schools."
Who's Accountable?
Perry identified New York City teachers as part of the problem. "New York public schools are suffering because the teachers union has a financial stranglehold on the city," he said. "New York City has some of the poorest-performing schools in the country, yet the teachers are some of the highest paid. There are over 50,000 children on a wait list to get into a charter school. Those parents have voted with their feet that they don't want the raggedy school at the end of their street."


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EpicSki Featured Content
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Patrick has a wealth of experience in pretty much every behind the scenes department at a ski resort. He's worked in grooming, snowmaking, guest services, marketing, ticketing, rentals, lift ops, maintenance and currently is the Director of Marketing, IT, and Slope Maintenance ("an odd combination, to be sure; but that's how we get things done at smaller areas!" according to him) at Ski Cooper. Submit your questions!» read more


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Sci fi/Fantasy image byHannah Bushby
This is another of my attempts at Manga. They are an elven family who live up in the quiet setting of the mountains. A new Mother and Farther holding their new born baby awwwwww sweet!!!
Published More than a year ago
Category Anime/Manga
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crystal Ortiz
I grew up eating this cold and creamy dessert.This was my grandmothers recipe,hope you enjoy it has much has my family does. :)
Featured Pinch Tips Video
- 2 c
- whole milk
- 1/4 c
- sugar
- 1/4 tsp
- salt
- 2 large
- eggs (last)
- 1/2 c
- sugar
- 3 Tbsp
- water
Directions Step-By-Step
1Caramel: Cook on med 1/2 cup of sugar and water till melted and brown. pour into baking dish. med to small size
2Custard: in a med sauce pan add milk,sugar,salt cook until bubbly. Remove from heat let cool for 5 mins before adding the eggs mix one at a time or it will scramble. Let cool till luke warm.
3pout into dish with harden sugar. place in a bigger pan filled half way up with hot water. Must come up half way flan dish. bake at 350 until set.
4allow to cool for 30 mins before putting in refrigerator for 3 hours over night is best.
About this Recipe
Course/Dish: Other Desserts


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by Temple, Mary Beth
by Corporate Author Cambridge ESOL
by James, Eric; La Ray, Marina
by Smallman, Steve; Dunn, Robert; Calle, Juan
by RH DISNEYRH DISNEY
by CARBONE, COURTNEYRH DISNEY
by Disney Book Group; Glass, Calliope; Disney Storybook Art Team
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by Chen, Wei Dong (CRT); Peng, Chao
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BigOven Pro required (try it free)
Notice a categorization error? Let us know by clicking [alert editor] on the recipe page, in the ingredients box.
Pumpkin Loaf with Cream Cheese Icing
Slow Cooker Beef Stew I
Bread Pudding with Vanilla Sauce
Peanut Butter Blossoms
The Marquess' Beef & Guinness Stew
Vegan Black Bean and Squash Chili
Slow-Cooked Spezzadine (Crockpot Italian Beef Stew)
Slow Cooker Italian Beef Stew
Beef Stew
Easy Breakfast Potatoes
African Sweet Potato & Peanut Stew
Healthy-Hardy Fish Stew
Quinoa with Moroccan Winter Squash and Carrot Stew
Soup: Spring Seafood Stew
Libby's Great Pumpkin Cookie
Hearty Beef Stew
Fresh Tomato Soup
Seafood Fettucine
Spinach and Cheese Souffle
Vegetable Egg Fajitas


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You are here
This position is now filled
Group HR Manager - SGX Listed Firm
Bullet points
- Regional Portfolio
- SGX Listed Firm
About Our Client
Our client is a well established SGX listed firm within the manufacturing space. With operations across the region, they have a current workforce of over 1,100 employees. With expansion plans ahead, they are currently partnering with me to looking for a mature and independent individual to head up with HR function as the Group HR Manager.
Job Description
Reporting directly to the CEO of the entity, you will be leading a team of 3 HR professionals in Singapore and 3 more across the region. You will be tasked to align all HR policies and be more strategic in your approach towards stakeholders to drive them. You are required to possess a deep understanding of HR ops and strong interpersonal skills to drive changes in the firm. The challenge will come when managing processes as HR is viewed as a support function.
The Successful Applicant
The ideal candidate should come with a minimum of 10 years of HR experience, equipped with a degree in Human Resources or its equivalence. The successful candidate should have possess strong manufacturing backgrounds with great exposure to dealing and managing unions. They are looking for someone who possesses strong interpersonal skills and is able to deal with different levels of stakeholders with the ability to be hands-on at the same time. Being bilingual in English and Mandarin would be a plus to interact with counterparts in China.
What's on Offer
This role provides you with the platform to challenge your foundations in HR and further strengthen them with a regional portfolio.


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Nollywood actress, Empress Njamah, took to social media to shock fans with a photo of her rocking a baby bump.
The actress, who has been crowned the king of throwback photos, shared a photo of herself rocking a baby bump. A photo which has gone on to cause several debates with fans asking if she really is pregnant.
ALSO READ: Anthony Joshua Gets Seventh Round Knockout Win Over Breazeal
We think its for a movie though.
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Sullivan Ruth S
122 W Cusseta St Dadeville, Alabama 36853(256) 825-6365
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AboutSullivan Ruth S is located at the address 122 W Cusseta St in Dadeville, Alabama 36853. They can be contacted via phone at (256) 825-6365 for pricing, hours and directions.
Sullivan Ruth S has an annual sales volume of 0 - 500K. .
For maps and directions to Sullivan Ruth S view the map to the right. For reviews of Sullivan Ruth S see below.
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Most listings are in the $0's per square foot per year. The Morgantown submarket is seeing a decrease in rates. In the last 3 months, the median rate decreased $16 per sqft per year. That's a 100% decrease in rent.
In the last 90 days, 0 listings have come on the market, which means new listings are probably leasing quickly. You'll want to be prepared to tour spaces as quick as possible. About NaN% of the office spaces in the Morgantown are subleases, so you will probably have to consider a longer term lease. There aren't many listings below 2,000 square feet posted, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around sqft. Most properties in this area are close to 1 stories.
Trends and status of the commercial real estate market in Morgantown.
Market Report
Real time and historical data on commercial real estate listings in Morgantown.


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10021 NE 183rd St
Bothell, WA 98011
Is this your business? Claim it now!
|MON 8:30am - 5:30pm
|TUE 8:30am - 5:30pm
|WED 8:30am - 5:30pm
|THURS 8:30am - 5:30pm
|FRI 8:30am - 5:30pm
|SAT 10:00am - 4:00pm
|SUN closed
Fast Service
by Paris Cortez , 05/28/2009
Hi my name is paris this is my first time ordering flowers i just wanted to thank Bonnie for a well excellent fast delivery service. It was the last min...Again Thank You Bonnie for makin my day. Im lookin forward to the next event and i will call again. :)


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April 29, 2013
SCOTT JOHNSTON,PLAINTIFF,v.CITY OF RED BLUFF, ET AL., DEFENDANTS.
Plaintiff brings this civil action under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634, against the City of Red Bluff and various of its employees. The matter was referred to a United States Magistrate Judge pursuant to Eastern District of California local rules.
On February 13, 2013, the Magistrate Judge filed findings and recommendations herein (ECF No. 102) which were served on the parties and which contained notice that the parties may file objections within a specified time. Plaintiff filed timely objections to the findings and recommendations. (ECF No. 103.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, IT IS HEREBY ORDERED that:
1. The Findings and Recommendations (ECF No. 102) filed February 13, 2013, are ADOPTED IN FULL;
2. Defendants' Motion for Summary Judgment (ECF No. 93) is construed as a motion for summary adjudication and, so construed, is GRANTED IN PART and DENIED IN PART;
3. Summary adjudication is GRANTED in favor of all individual Defendants on all claims; and
4. Summary adjudication is granted in favor of Defendant City of Red Bluff on all claims except Plaintiff's ADEA claim based on failure to promote, which shall proceed to trial.
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No bumps or anything, the computer just suddenly turned off. After that, when I try to turn it on, the cpu fan spins and instantly stops...
But after that, to make the fan spin for another instant, I need to "turn it off" again. Meaning, I need to hold the power button for some seconds as if i wanted to foce the computer off, even when it is already off. Otherwise, the fan doesnt react.
The LED in the motherboard is on, so it gets power.
The 4 pin power connectors of the psu are dead except for those short instants when the fan spins.
amd 64 3000+ processor. I hope you dont need the motherboard model (asus something) cause i dont know it and i cant see it now, and its nice to avoid unplugging everything to search for a label hehe
any hypothesis that fits the symptoms? how should I proceed, doctors?
thanks a lot!
BleepingComputer is being sued by Enigma Software because of a negative review of SpyHunter.
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Quality Inn & Suites Bloomington (Illinois)
1803 East Empire Street, Bloomington City, United States Show Map
Check in from 3:00 PM / Check out prior to 12:00 AM
Quality Inn & Suites Bloomington (Illinois): Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Bloomington City, United States.
Boasting free Wi-Fi, a swimming pool and an outdoor pool, Quality Inn & Suites Bloomington is located in Bloomington City and offers comfortable accommodation. It also provides a safe, an airport shuttle and a 24-hour reception.
Hotel description
All rooms at Quality Inn & Suites Bloomington are comfortable and include a refrigerator.
A satisfying breakfast is prepared each morning at Quality Inn, and there are numerous cafés and eateries nearby.
Conveniently situated, the hotel is a brief car ride from the McLean County Courthouse and Square, Illinois State University and Central Illinois Regional Airport. Eastland Mall is also only a quick walk away.
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Washington, Apr. 17 (ANI): Yahoo CEO Marissa Mayer reportedly made 24.9 million dollars last year, which is almost 10 million less than what she got in 2012.
According to the Deadline, all the components of the company went up, and shares appreciated 103 percent, but Mayer's compensation went down.
The board said that Mayer revitalized the Company's employee base, continued to build her leadership team.
Mayer reportedly increased the pace of product innovation and refreshes, spearheaded the acquisition of Tumblr, and attracted new customers and increased traffic. (ANI)


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Contact us
Welcome to the website of the Winchester Area of the Third Order of the Society of St. Francis.
The Winchester Area TSSF consists of members of the Third Order who live in and around the Winchester, Southampton and Romsey area of the south of England.
A more detailed description of the Third Order can be found on the European Province Website
Welcome, peace and goodwill!
Winchester Area TSSF
Latest News
St Clare Celebration
Saturday, August 13, 2016
Our annual St Clare celebration was held at St Nicholas Church Brockenhurst. It was a joint meeting with the Bournemouth Local Group from the Wessex Area. We were also joined by Peter Thompson, our Link Tertiary.
After the service we enjoyed tea together and many of us visited the churchyard which contains 106 graves from the First World War. In addition to the 93 New Zealand graves, there are also three Indian and three unidentified Belgian civilians.
Quiet Day, April 2016
Saturday, April 09, 2016
Our Area Quiet Day was held at St Mark's church, Ampfield, and was led by Revd Jonathan Herbert of the Hilfield Community on the theme "
Walking with the Risen Christ
It was a beautiful day and we enjoyed being able to walk in the churchyard and the surrounding woods.
2016 Programme
Wednesday, December 23, 2015
The 2016 Programme is now available. Click here to go to the Events section.
Cluster Day June 2015
Saturday, June 27, 2015
Photos taken by Christine Pilgrim from our Cluster Day held at the Winchester URC.
Area Day and Rob's Profession
Saturday, April 18, 2015
On 18th April we enjoyed a fantastic Area Quiet Day on Thomas Merton led by Phil Seal. Rob's life profession took place during the midday Eucharist.
Winchester Ordinations 2014
Wednesday, July 22, 2015
We were very pleased indeed to celebrate Hilary's Ordination to the Priesthood in Winchester Cathedral this Petertide.
Crib Blessing Service 2012
Wednesday, December 19, 2012
The Winchester Area gathered in St Luke's Church, Winchester in December to bless our cribs for Christmas. We were inspired by the variety of cribs displayed and reminded that God humbly meets each of us where we are. The meeting concluded with mulled wine and mince pies!
Winchester Ordinations 2012
Sunday, July 01, 2012
The 1st of July was a great time of celebration in the Winchester Area as two Tertiaries were ordained Deacon. Victoria and Simon were supported by lots of people from the TSSF Area on the big day as well as throughout their training.
Area Day March 2012
Saturday, March 31, 2012
The Area Quiet Day on Saturday, 31st March went well and was led by Robin Coutts. The day included the welcome of two new Novices and thanks to our retiring Area Minister, Terry, and welcome to our new Area Minister, Gillian.
Francistide Area Day 2011
Saturday, October 15, 2011
The Winchester Area Francistide Celebration took place this year in Romsey Abbey. Three new people were welcomed to the area and one made his life profession
Francistide Area Day 2010
Saturday, October 09, 2010
A good time was had by all at the Francistide Area Day on 9th October 2010 in Braishfield
Area Day April 2010
Saturday, April 17, 2010
Photos from the Area Day with our Provincial Minister, Joanna Coney, at Wolvesey in April
Cluster Novice Day
Wednesday, February 17, 2010
Much fun was had by all at the 2010 Cluster Novice Day held at Wolvesey on Saturday. The day included an inspiring talk on Clare by Helen Stanton (pictured alongside) and was a welcome opportunity for the Novices in our Cluster to met people from accross the different Areas.
Action and Contemplation
Friday, November 27, 2009
Richard Rohr will be coming to London next September to lead a two day conference, sponsored by the TSSF, on action and contemplation.


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Sen. Galen Hadley of Kearney has been at the center of the storm recently. Hadley's chairman of the Nebraska Legislature's Revenue Committee, which held hearings last week on Gov. Dave Heineman's tax proposals. Those proposals would abolish or reduce the state's corporate and personal income taxes, by ending many sales tax exemptions for manufacturers, farmers and others. In this week's Capitol Conversation, NET News' Fred Knapp asks Hadley about alternative ideas, like expanding the sales tax on services, and about where the discussion goes from here.
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|A preview of an NET Sports documentary chronicling the final innings at Omaha's Rosenblatt Stadium.
|Nebraska Stories: The Price of Water, 206
|The Price of Water Nebraska has been called the "Saudi Arabia of Water" For most of us, we don't...
|Capitol Conversations: Sen. Chris Langemeier, 4/27/11
|NET News reporter, Fred Knapp, interviews Nebraska Senator Chris Langemeier about issues in the...
|Capitol Conversations: Sen. John Hansen, 4/20/11
|John Hansen, President of the Nebraska Farmers Union, discusses current issues with NET News...
|Capitol Conversations: Sen. Tony Fulton, 4/13/11
|Meet the people making decisions that affect your life and find out more about the thinking behind...
|The Omaha News: April 13, 2011
|This UNO School of Communication produced news program covers the entire Omaha, Nebraska metro area.
|E.N. Thompson Forum: Pietra Rivoli, Who's Afraid of International Trade?
|Economist and author Pietra Rivoli shares her views about the economics, history and politics of...
|Nebraska Stories: Life as a Dance & More, 205
|This episode features the following segments: Life as a Dance; Bright Eyes; In Country, Again; and...
|Hearing Loss in the Military
|The first segment of the Hearing Loss in the Military broadcast will be direct training and...


text:
Event: Katrina performed on 'Sheila ki Jawani' at BIG Star IMA awards.
Guest List: Katrina Kaif
Bollywood celebs Ranveer Singh and Vaani Kapoor promoted their upcoming flick BEFIKRE at Yash Raj Studios.
Bollywood actress Kangana Ranaut was spotted at Bandra.
Bollywood celebs Sidharth Malhotra, Karishma Tanna, Shriya Saran among others were snapped at the airport.
Bollywood celebs Shah Rukh Khan was spotted at Salim Morani's house.
Bollywood celebs Vidya Balan and director Sujoy Ghosh promoted their film KAHAANI 2 at Yaaron Ki Baraat.


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List all words ending with salukis
Only the word salukis was found, nothing longer.
Some random words: maelstrom oenologies rows oafs assuage mridanga my
This is not a dictionary, it's a word game wordfinder.
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Soccer 17 Walkthrough
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September 13, 2012
UNITED STATES OF AMERICA,v.JOSEPH LIGAMBI, ANTHONY STAINO, JR., JOSEPH MASSIMINO, GEORGE BORGESI, DAMION CANALICHIO, GARY BATTAGLINI, JOSEPH LICATA, AND : LOUIS FAZZINI, DEFENDANTS.
Several Defendants have challenged the Government's use of tape recordings created by then-acting Government informant, Nicholas Stefanelli (the "Stefanelli Tapes"). Defendant Ligambi filed a Motion to Exclude Recordings Made by Deceased Government Informant Nicholas Stefanelli. ECF No. 560. Defendant Fazzini filed two motions, including a Motion to Suppress Audio Recordings and a Motion to Exclude Tape Recorded Conversations Made by Deceased Government Informant Nicholas Stefanelli. ECF Nos. 685, 686. The Court held hearings on August 9, 2012, and August 17, 2012, and heard argument on these motions. As each relates to the admissibility of the Stefanelli Tapes, the Court will address the motions collectively.*fn1
For the reasons that follow, the Court will deny in full Defendant Ligambi's Motion to Exclude Recordings Made by Deceased Government Informant Nicholas Stefanelli. ECF No. 560. The Court will also deny Defendant Fazzini's Motion to Suppress Audio Recordings. ECF No. 685. And lastly, the Court will also deny in full Defendant Fazzini's Motion to Exclude Tape Recorded Conversations Made by Deceased Government Informant Nicholas Stefanelli. ECF No. 686.
Defendants Ligambi and Fazzini are two of fourteen Defendants charged in a fifty-two count Third Superseding Indictment. ECF No. 723. This case emerged from a criminal investigation spanning ten years and was twice designated a complex case due to the number of Defendants and the nature and quantity of evidence, which includes over 14,000 intercepted wire and oral communications. See ECF Nos. 177, 520. Among other counts, Defendants are charged with conspiring to conduct and participate in the conduct of the affairs of the criminal enterprise, the Philadelphia La Cosa Nostra ("LCN") Family, through a pattern of racketeering activity and through the collection of unlawful debts. The case is specially listed for trial on October 9, 2012.*fn2
On July 6, 2012, in accordance with the Court's Third Scheduling Order (ECF No. 521), dated May 15, 2012, the Government submitted its Pretrial Tape List, identifying the recordings of intercepted communications that the Government may introduce in its case-in-chief. Gov't's Tape List, ECF No. 650. This list included the Stefanelli Tapes, made by then-acting informant, Nicholas Stefanelli, on May 19, 2010 (the "May 2010 tape"), and later on October 21, 2010 (the "October 2010 tape"). Id.
The Government has since provided the United States' Annotated Exhibits in Support of Its Motion in Limine to Admit Racketeering Evidence (the "Annotated Exhibits"). These Annotated Exhibits include transcribed portions of the Stefanelli Tapes that the Government may introduce at trial, together with the evidentiary purposes for which the Government intends to use the evidence. Gov't's Exs. 1, 2.
Preceding the Third Superseding Indictment, in March 2012, the Government disclosed the existence of an additional two-year investigation of the Philadelphia LCN Family and other LCN families, involving Nicholas Stefanelli, a "made" member of the New York Gambino LCN Family who had agreed to cooperate with the Government and secretly record meetings and conversations with organized crime members. Gov't's Resp. to Def. Ligambi's Mot. 2, ECF No. 569. Stefanelli committed suicide in March 2012.
The May 2010 tape recorded a meeting between members of the New York Gambino LCN Family and members of the Philadelphia LCN Family, at the La Griglia Restaurant, in Kenilworth, New Jersey. During this meeting, which lasted approximately five hours, the participants engaged in wide-ranging discussion of both past and present LCN families and their activities.
The October 2010 tape recorded a meeting between members of the Philadelphia LCN Family, at the American Bistro, in Nutley, New Jersey. Similar to the May 2010 tape, during this meeting, the participants discussed past and present activities of LCN families.
Defendant Ligambi challenges the Government's use of the Stefanelli
Tapes against him, and seeks to exclude these recordings as
inadmissible testimonial evidence under the Confrontation Clause of
the Sixth Amendment of the United States Constitution.*fn3
Def. Ligambi's Mot. 2-3, ECF No. 560;*fn4 see
also Def. Ligambi's Mem., ECF No. 805.
Defendant Fazzini raises two challenges to the Government's use of the Stefanelli Tapes against him. First, Defendant Fazzini seeks to suppress this evidence as a violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968, codified at 18 U.S.C. §§ 2510-2522 (2006) ("Title III"). Def. Fazzini's Mot. to Suppress 2-3, ECF No. 685.*fn5
Defendant Fazzini asserts that, because none of the defendants consented to the recording and because Nicholas Stefanelli is deceased, the Government cannot demonstrate that at least one party consented to the interception of the communications. Id. Accordingly, Defendant Fazzini argues, absent proof of consent as required by §§ 2511(2)(c) and 2516, using the Stefanelli Tapes against him would violate § 2515 of Title III. Id. Second, Defendant Fazzini seeks to exclude the Stefanelli Tapes, asserting that, without Nicholas Stefanelli, the Government cannot authenticate the voices on the tapes as required by Federal Rule of Evidence 901(a).*fn6 Def. Fazzini's Mot. to Exclude 3-5, ECF No. 686.*fn7
In accordance with the Court's Third Scheduling Order, the Court conducted a hearing regarding these motions on August 9, 2012, which continued on August 17, 2012. After having reviewed the parties' submissions and having heard oral argument, these motions are now ripe for disposition.
First, the Court will address Defendant Ligambi's motion to exclude the Stefanelli Tapes under the Confrontation Clause of the Sixth Amendment. The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him." U.S. Const. amend. VI. Under the Sixth Amendment, "testimonial" hearsay statements may not be introduced against a defendant unless the declarant is unavailable at trial and the defendant had a prior opportunity to cross-examine the declarant. Crawford v. Washington, 541 U.S. 36, 68 (2004). While the lynchpin of the Crawford decision is the distinction between testimonial and non-testimonial hearsay, the Court expressly declined to provide a comprehensive definition of "testimonial statements." Id. The Court did provide benchmarks, however, through the following examples:
Various formulations of this core class of testimonial statements exist: ex parte in-court testimony or its functional equivalent-that is, material such as affidavits, custodial examinations, prior testimony that the defendant was unable to cross-examine, or similar pretrial statements that declarants would reasonably expect to be used prosecutorially; extra-judicial statements . . . contained in formalized testimonial materials, such as affidavits, depositions, prior testimony, or confessions; statements that were made under circumstances which would lead an objective witness reasonably to believe that the statement would be available for use at a later trial. These formulations all share a common nucleus and then define the Clause's coverage at various levels of abstraction around it.
Id. at 51-52 (internal citations and quotations omitted). Notwithstanding, in Crawford the Supreme Court clarified that the Confrontation Clause "does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted." Id. at 59 n.9 (citation omitted).
In United States v. Hendricks, the United States Court of Appeals for the Third Circuit interpreted for the first time the meaning of "testimonial evidence" as articulated in the Crawford decision, and determined its application to lawfully-obtained wiretap evidence and evidence of consensually-recorded conversations between defendants and a murdered confidential informant. 395 F.3d 173, 180-84 (2005). The Third Circuit held that the Title III recordings, by virtue of them being surreptitiously monitored, were not testimonial in nature and thus did not violate the Confrontation Clause. Id. at 182.
As to the consensual recordings made by the deceased confidential informant,*fn8 the Third Circuit concluded that the party admission and co-conspirator portions of the consensual recordings were not testimonial and thus, assuming compliance with the Federal Rules of Evidence, were admissible. Id. at 183-84. Further, the Court held that the statements of the confidential informant contained in the recordings were also admissible, concluding that:
[I]f a Defendant or his or her coconspirator makes statements as part of a reciprocal and integrated conversation with a government informant who later becomes unavailable for trial, the Confrontation Clause does not bar the introduction of the informant's portions of the conversation as are reasonably required to place the defendant or coconspirator's non-testimonial statements into context.
Id. at 184.
Significantly, in Hendricks, the Third Circuit did not reach the issue of whether the statements of the confidential informant were testimonial but instead held that the Government should be permitted to introduce the confidential informant's statements to put the conversations "into perspective and make them intelligible to the jury and recognizable as admissions." Id. (internal citations and quotations omitted). The Court reasoned that the government did not seek to introduce the statements of the confidential informant to establish their truth, but only to provide context to the conversations. Id.
Nonetheless, the Court opined that, in accordance with Crawford, even if these statements were held to be testimonial, it would not prevent the government from introducing the statements for a purpose other than establishing the truth of the matters contained therein. Id. at 183.
The Third Circuit recently revisited this issue in United States v. Berrios, as applied to a Title III communication. 676 F.3d 118 (3d Cir. 2012). In Berrios, the Third Circuit again noted that "the Confrontation Clause protects the defendant only against the introduction of testimonial hearsay statements." Id. at 126 (second emphasis added) (citing Michigan v. Bryant, 131 S. Ct. 1143, 1152-53 (2011); Whorton v. Bockting, 549 U.S. 406, 419-20 (2007); Davis v. Washington, 547 U.S. 813, 823-24 (2006)).
In his motion to exclude the Stefanelli Tapes, Defendant Ligambi argues that the recordings that Stefanelli made are testimonial in nature, and because Stefanelli is unable to testify at trial-and therefore unavailable for cross-examination-these statements must be excluded under the Supreme Court's holding in Crawford. Def. Ligambi's Mot. 3. At the Court's request, following the August 17, 2012 hearing, Defendant Ligambi submitted a supplemental memorandum directing the Court's attention to a list of twenty-nine portions of the Stefanelli Tapes, in which he contends that Stefanelli's statements are testimonial. Def. Ligambi's Mem. 1-2.*fn9
The Government responds that it is not offering Stefanelli's statements for their truth. Gov't's Resp. to Def. Ligambi's Mem. 2, ECF No. 826. Instead, the Government states that it offers these statements to provide "context and meaning of the statements by the co-conspirators." Id. at 3.
The Third Circuit's reasoning in Hendricks is dispositive. In Hendricks, the Court rejected the defendants' Confrontation Clause objection and reversed the District Court's ruling suppressing the recordings, holding that the cooperating witness's statements made during a consensually recorded conversation were admissible because such evidence was being offered to provide context. 395 F.3d at 183 (citing Crawford, 541 U.S. at 59 n.9). Furthermore, the Hendricks Court reasoned that Crawford provided no Confrontation Clause protection for statements offered for a purpose other than to establish their truth. Id. at 184. Indeed, in Crawford, itself, the Supreme Court stated that the Confrontation Clause "does not bar the use of testimonial statements for purposes other than establishing the truth of the matter asserted." 541 U.S. at 59 n.9 (citation omitted).
As in Hendricks, here, the Government represented that it does not offer Stefanelli's statements on the Stefanelli Tapes for the purpose of establishing the truth of their contents.*fn10 Accordingly, Defendant Ligambi's motion will now be denied in full.
Next, the Court turns to Defendant Fazzini's motion to suppress the Stefanelli Tapes for failure to comply with Title III. Under Title III, the Government may intercept and record communications without Court authorization provided that a party to the communication consents to the interception. See 18 U.S.C. § 2511(2)(c); United States v. Santillo, 507 F.2d 629, 633-34 (3d Cir. 1975).
Whether a party's consent to the recording of a conversation is "voluntary" is a question of fact, which the court must determine from the totality of the circumstances.
United States v. Kelly, 708 F.2d 121, 125 (3d Cir. 1983). Consent requires a showing that "the party agreeing to a wiretap did so consciously, freely, and independently and not as the result of a coercive overbearing of his will." Id. The government need not present the testimony of the consenting party; rather, the government may establish that the party consented to the interception through other means. See United States v. Barone, 913 F.2d 46, 49 (2d Cir. 1990) (affirming that government may establish consent without calling cooperating witness); United States v. Bonanno, 487 F.2d 654, 658-59 (2d Cir. 1973) (affirming that government may establish consent through testimony of case agents without calling cooperator, and that proof of consent does not require best witness).
In his motion to suppress the Stefanelli Tapes, Defendant Fazzini argues that, because Nicholas Stefanelli is deceased and therefore unavailable to testify, the Government cannot prove that Stefanelli consented to the recording of the conversations at issue as required under Title III.
At the August 17, 2012 hearing, the Government called former FBI Agent Martin Bernstein, who worked in the agency's Organized Crime Division in Newark, New Jersey, during the investigation and acted as Stefanelli's handler. Hr'g Tr. 16:15-18:4, Aug. 17, 2012. Mr. Bernstein testified that Stefanelli agreed to cooperate with the FBI. Id. at 18:5-7. He testified that he witnessed Stefanelli sign two consent forms in November 2009, one for telephone consensual recordings, and one for transmitter and body recordings, both of which the Government admitted into evidence. Id. at 18:15-20:23. Mr. Bernstein further testified that Stefanelli then made recordings for the FBI. Id. at 20:20. Stefanelli did so for approximately two years thereafter.
Mr. Bernstein stated that, prior to both the May 2010 and October 2010 recordings, he met with Stefanelli to give him recording devices. Id. at 23:10-13, 31:10-32:6. Mr. Bernstein also testified that after both the May 2010 and October 2010 recordings, he met with Stefanelli to retrieve the devices and review the tapes. Id. at 26:9-17, 33:17-25.
Based on former Agent Bernstein's testimony, together with the recording consent forms signed by Stefanelli, the Government has met its burden for purposes of Title III.
The Government has proved that Stefanelli acted voluntarily, consciously, and freely, as demonstrated by the totality of the circumstances. The Government has not failed to do so simply because Stefanelli did not testify. See Kelly, 708 F.2d at 125; see also Barone, 913 F.2d at 49; Bonanno, 487 F.2d at 658-59. Here, the government has offered ample evidence surrounding Stefanelli's ongoing cooperation with the FBI for nearly two years. As such, Defendant Fazzini's motion will be denied.
V.DEFENDANT FAZZINI'S MOTION TO EXCLUDE TAPE RECORDED CONVERSATIONS MADE BY DECEASED GOVERNMENT INFORMANT NICHOLAS STEFANELLI (ECF No. 686)
Lastly, the Court will address Defendant Fazzini's motion to exclude
the Stefanelli Tapes for lack of authentication of the voices on the
tapes as required by Federal Rule of Evidence 901. Federal Rule of
Evidence 901 sets forth the test for demonstrating the authenticity of
physical evidence. Rule 901 provides: "To satisfy the requirement of
authenticating or identifying an item of evidence, the proponent must
produce evidence sufficient to support a finding that the item is what
the proponent claims it is." Fed. R. Evid. 901(a).*fn11
While the burden is on the proponent, the Third Circuit has
held that "[t]he burden of proof for authentication is slight."
Lexington Ins. Co. v. W. Pa. Hosp., 423 F.3d 318, 328 (3d Cir. 2005)
(quoting McQueeney v. Wilmington Trust Co., 779 F.2d 916, 928 (3d Cir.
1985) and citing Link v. Mercedes-Benz of N. Am., 788 F.2d 918, 927
(3d Cir. 1986)). In Lexington Insurance Co. v. Western Pennsylvania
Hospital, the Third Circuit reaffirmed the standard for
authentication, stating:
The showing of authenticity is not on a par with more technical evidentiary rules, such as hearsay exceptions, governing admissibility. Rather, there need be only a prima facie showing, to the court, of authenticity, not a full argument on admissibility. Once a prima facie case is made, the evidence goes to the jury and it is the jury who will ultimately determine the authenticity of the evidence, not the court. The only requirement is that there has been substantial evidence from which they could infer that the document was authentic.
Id. at 329 (quoting Link, 788 F.2d at 928). Ultimately, Rule 901 requires only "a foundation from which the fact-finder could legitimately infer that the evidence is what its proponent claims it to be." In re Japanese Elec. Prod. Antitrust Litig., 723 F.2d 238, 285 (3d Cir. 1983), rev'd on other grounds, 475 U.S. 574 (1986).
Voice identification may be established by lay opinion, by a person who has heard the voices of the speakers and is familiar with the voices. See Fed. R. Evid. 901(b)(5); Gov't of Virgin Islands v. Martinez, 847 F.2d 125, 128-29 (3d Cir. 1988) (finding that investigative agent who heard defendant speak during arrest properly identified defendant's voice on recording). Voice identification can also be established by self-identification of the speakers, circumstantial evidence, or both. See United States v. Alper, 449 F.2d 1223, 1229 (3d Cir. 1971) (holding that voice identification of telephone conversation can be established by circumstantial evidence surrounding call).
In his motion to exclude the Stefanelli Tapes, Defendant Fazzini argues that, because Nicholas Stefanelli is deceased and therefore unavailable to testify, the Government cannot authenticate the Stefanelli Tapes pursuant to Federal Rule of Evidence 901. Def. Fazzini's Mot. to Exclude 4. However, Rule 901 allows authentication through a combination of methods, including voice identification, content, and other surrounding circumstances. See Fed. R. Evid. 901(b)(5); Martinez, 847 F.2d at 128-29; Alper, 449 F.2d at 1229; see also, e.g., United States v. Green, 40 F.3d 1167, 1173-74 (1994) (affirming trial court's admission of transcripts based on variety of evidence, including self-identification, identification through nicknames, and surveillance).
During the hearing on August 17, 2012, the Government presented both direct and circumstantial evidence to authenticate the voices on the Stefanelli Tapes, including voice identification, surveillance team identification, and self-identification by various participants. First, former agent Bernstein testified that he participated in the surveillance of the locations at which both the May 2010 and October 2010 tapes were recorded. Hr'g Tr. 24:5-25:13, 33:2-8.
Mr. Bernstein then provided the context for these two recordings. He explained that the May 2010 tape recorded a lunch meeting between members of the New York Gambino LCN Family and members of the Philadelphia LCN Family, at the La Griglia Restaurant, in Kenilworth, New Jersey. Id. at 22:18-25:25. Mr. Bernstein testified that members of the surveillance team-who included Special Agent Jeffrey Tarken, from the New York FBI office, and Special Agent John Augustine, from the Philadelphia FBI office-identified Defendants Licata and Fazzini, as well as Gambino LCN Family members John Gambino, Joe Gambino, Michael Roccaforte, Alphonse Trucchio, and Lorenzo Mannino, at the meeting. Id. at 24:5-25:25. Mr. Bernstein stated that the meeting lasted approximately five hours. Id. at 24:25-25:13.
Mr. Bernstein further explained that the October 2010 tape recorded a dinner meeting at another restaurant in New Jersey, the American Bistro. Id. at 32:13-33:1. Mr. Bernstein testified that during this surveillance operation, the team identified Defendants Fazzini and Licata at the meeting. Id. at 33:9-13.
Mr. Bernstein testified that, in reviewing the tapes, he was able to identify the voice of Defendant Licata. Id. at 58:25-59:2. He further testified that, while reviewing the tapes with Stefanelli, Stefanelli was able to identify the voices of Defendants Ligambi, Staino, Fazzini, and Licata, as well as the voices of the New York Gambino LCN Family representatives, John Gambino, Joseph Gambino, Lorenzo Mannino, Alphonse Trucchio, and Michael Roccaforte.*fn12 Id. at 28:12-31:9, 56:2-59:4.
Separate from Stefanelli's voice identifications, Special Agent John Augustine, of the Organized Crime Division in the Philadelphia office, testified that he was familiar with the voices of Defendants Ligambi, Staino, Licata, and Fazzini. Id. at 70:14-71:19, 87:13-18. Agent Augustine testified that he listened to the Stefanelli Tapes, and was able to identify each of the voices of these four Defendants heard on the tapes. Id. at 70:3-73:2, 87:4-18.
Agent Augustine further testified that he participated in the physical surveillance of the La Griglia restaurant, the location at which the May 2010 recording occurred. Id. at 69:23-70:2. He testified that during this surveillance, he also recognized Defendants Ligambi, Staino, and Licata. Id. at 70:3-7.
Agent Augustine testified that he was not able to personally identify the voices of the New York Gambino LCN Family representatives. Id. at 87:13-88:4. However, he testified that in the recordings, these participants self-identify themselves. Id. at 87:19-24
Special Agent Jeffrey Tarken, who specializes in investigating the New York Gambino LCN Family, also testified during the hearing. Although he did not listen to the recording thereafter, Agent Tarken testified that he participated in the May 2010 tape surveillance operation, and that he observed John Gambino, Joseph Gambino, Lorenzo Mannino, Alphonse Trucchio, and Michael Roccaforte at the La Griglia restaurant. Id. at 64:2- 66:10. Agent Tarken further testified regarding the rank and known nicknames of these individuals. Id. at 64:14-66:6.
In the May 2010 tape, itself, members of the New York Gambino LCN Family are introduced, and respond when introduced by name, and known nickname or title. For example, the voice identified in the transcript as "Michael Roccaforte AKA Anthony" responds to "How are you Ant?" and later to "Anthony." Gov't's Ex. 2 at 1, 4.*fn13 The voice identified as "John Gambino" responds to "Hey, John. How you doing?" and proceeds to speak after introduced as a "caporegime," or captain, the title to which Agent Tarken testified. Id. at 3-4. The voice identified as "Joseph Gambino" responds to "meet . . . Joey Gambino," and continues to respond after similar introductions to others at the meeting. Id. at 4-5. The voice identified as "Alphonse Trucchio" is introduced as "Ally," the nickname to which Agent Tarken testified, and Trucchio later responds to that nickname. Id. at 5-6. Lastly, the tape includes the introduction of "Lorenzo," and the voice of already-identified Defendant Fazzini stating "Lorenzo. Pleased to meet ya." Id. at 5. Shortly thereafter, this voice, identified as "Lorenzo Mannino," participates in a conversation in which the other responding voices were separately identifiable as belonging to Stefanelli, John Gambino, and Defendants Licata and Ligambi. Id. at 3. Although less clear than the others, based on context and process of elimination, this dialogue lends support to the voice identification of Lorenzo Mannino.
To summarize, the Government has provided the following evidence in support of authenticating the voices on the Stefanelli Tapes, independent from Stefanelli's identifications:
Voice Identification Physical Identification Self-Identified by Context*fn14
Joseph Ligambi
Agent Augustine
Agent Augustine Anthony Staino Agent Augustine Agent Augustine Joseph Licata Agent Augustine Mr. Bernstein Agent Augustine Louis Fazzini Agent Augustine
Gambino Agent Tarken Self-identified by context
Gambino Agent Tarken Self-identified by context
Trucchio Agent Tarken Self-identified by context
Roccaforte Agent Tarken Self-identified by context
Mannino Agent Tarken Self-identified by context
Considering the above evidence, taken together, the Court is satisfied that the Government has met the minimal showing required by Rule 901; namely, the Government has laid a foundation from which a fact-finder could legitimately infer that the evidence is what its proponent claims it to be. Therefore, Defendant Fazzini's motion will now be denied in full.*fn15
For the reasons set forth above, the Court will deny in full Defendant Ligambi's Motion to Exclude Recordings Made by Deceased Government Informant Nicholas Stefanelli.*fn16 The Court will also deny Defendant Fazzini's Motion to Suppress Audio Recordings. Lastly, the Court will also deny in full Defendant Fazzini's Motion to Exclude Tape Recorded Conversations Made by Deceased Government Informant Nicholas Stefanelli.*fn17
An appropriate order will follow.
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text:
Broccoli Casserole
Total Time
Prep 15 mins
Cook 40 mins
The broccoli keeps growing and growing. It's a darn hardy vegetable plant that gives and gives. Once you take the first crown, then the darling plant proceeds to take on many different baby crowns, that are tender, and perfection plus! I really like that a simple, yet, flourishing plant can bring that much enjoyment to our day. I particularly like this recipe, as it can be a whole dinner for us some evenings. Although Dennis does require "meat" at most meals, he could just as happily toddle off with a large scoop of this casserole and a fork, and he proclaims he is in heaven. Just a simple, farming, boastful dish of warmness and total soul comforting veggies. I agree, this is not a skinny dish, but you can make it that way just by changing the fat to low fat and increase the spices. Come'on -- try it, I promise it won't hurt a bit.
Ingredients Nutrition
- 1 (10 ounce) package frozen broccoli (or a bunch of fresh)
- 1 tablespoon oil (vegetable or olive, or butter)
- 1 medium onion (chopped)
- 1 garlic clove, minced
- 1 teaspoon Worcestershire sauce
- 1⁄4 teaspoon paprika
- 1⁄8 teaspoon red pepper flakes (always optional)
- 1⁄2 teaspoon salt (to taste)
- 1⁄8 teaspoon pepper
- 1 (10 1/2 ounce) can cream of celery soup
- 1 1⁄2 cups grated cheddar cheese
- 1 cup mayonnaise (light if preferred)
- French's cheddar french fried onions (save 1/2 can for topping)
- 2 eggs, beaten (or egg substitute)
Additional Andi Spices
- 3 dashes Tabasco sauce (optional)
- 1 dash red pepper, ground (optional)
- Cook broccoli and drain.
- In skillet, warm 1 tablespoon of oil, and add onions and cook for 3 minutes until soft and translucent. Quickly add garlic and cook for 30 seconds. Add rest of ingredients except eggs. Mix all these ingredients and let bubble a slightly, take pan off heat.
- Spray casserole dish with cooking spray. Put broccoli into casserole dish. Mix soup, cheese mixture with broccoli and stir well, adding eggs slowly, and mixing well. NOTE: Leave 1/2 French Fried Onion topping for topping.
- Bake 350 degrees for 15 minutes add rest of topping, and bake addition 10 minutes.
- Now, eat all your veggies.
Most Helpful
I loved this casserole!, I did make a few amount changes and used fresh steamed broccoli, couldn't find the cheddar French fried onions so I used the plain, you didn't mention condensed cream of celery soup but I imagine that's what you mean so that's what I used, this is so delicious and i will make again very soon, thank you dear Andi, this was made for KK's Green event
Like the previous reviewer, we toned down the spicyness. But hey, this is Good! Rich cheesyness and all that there is to like about broccoli, the best thing on a pretty tasty plate of food. Made for Holiday Tag, July 2009.
OMGoodness! After years of making Broccoli/Cheese/Rice Casserole - this is my (and families) new favorite. The broccoli flavor really shines - no rice to tone it down (which is a good thing if you're a broccoli-lover!). I made this almost exactly as written but took the advice of a previous reviewer and did not add the tabasco or red peppers due to having younger kids who might not appreciate the spicy-ness. We all loved the additon of the french-fried onion rings -great idea! I didn't use the cheese flavored version though as I had the original on hand and it did a fine job of adding a wonderful crunch and nice flavor. I also split mayo and sour cream 1/2 and 1/2. We had last minute company and everyone had seconds! Thank you so much for this fun new recipe to add to our families collection.


text:
04-20-2005, 03:42 PM #1New Member
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- Apr 2005
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Need help finding a new windows based host
Hey everyone.
I've finally had it with dotcanada.com, they're frustrating me to no end so I need to find a new host.
I've been reading through and searching through reviews on here for the past two weeks but haven't found something that meets my needs yet.
I'm looking for a windows based host (for support for my access database) with about 1 GB to 2 GB of server space and 40 GB of bandwidth or higher. I'm also looking for something north american based.
I ran across godaddy's web hosting deals today, but after reading the reviews here it might not be too good a choice?
Thanks, and HAAAALP!
04-20-2005, 04:46 PM #2Web Hosting Master
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easycgi.com and hostony.com both have the specs you want.Rich
WebsiteMaven - Web Hosting Reviews, Guides, and Advice to Build and Promote your Web Site
04-21-2005, 12:28 AM #3Web Hosting Evangelist
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You can check the advertisement forum of WHT and find out for some of the offers placed by the various hosts. Also you can place a request quote and you will get appropriate response from the various hosts as per your requirements:-
04-21-2005, 01:45 AM #4Location = SoapBox
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Hi Kalemic,
You may want to look at a small reseller account with those specs vs a shared hosting account. The cost may be cheaper this way....
04-21-2005, 02:28 AM #5Web Hosting Master
- Join Date
- Dec 2004
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- San Francisco, CA
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One thing I'd like to say is that if your access database is a large one that is accessed frequently by your site, you'd have trouble staying with any host as MS Access can be unreliable and can really cause excessive CPU usage
MSSQL is the way to go for anything large. My understanding is that you want to host a really big ms access database.init.me - Build, Share & Embed
JodoHost.com - Windows VPS Hosting, ASP.NET and SQL Server Hosting
8th year in Business, 200+ Servers. Microsoft Gold Certified Partner
04-21-2005, 08:33 AM #6Web Hosting Evangelist
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- Wilmington, NC
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Hello and welcome to WHT!
You may want to check out reseller-center.com. I have used them, in the past, w/ excellent results.
Good luck w/ your search!Allen Burnett StormHosts [email protected]
Professional MS ASP, .Net, MS SQL 2000/2005 and Reseller Hosting Since 2001
Clustered servers @ Equinix Helm/cPanel/WHM/VPS/colo/Dedicated/MailFoundry anti-spam/Server Mgmt
04-21-2005, 03:40 PM #7WHT Addict
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LayerBlue has been great to me.
04-22-2005, 12:43 AM #8New Member
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Awesome! Thanks so much for your help guys! I"ll be making a decision in a day or so and you've made it easier!
Also my access database is really small and won't be that busy so I hope I'll be fine with that.