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Is this restaurant good for brunch?
Is this restaurant good for business meetings?
Is this restaurant good for breakfast?
Is this restaurant good for lunch?
Is this restaurant good for dinner?
Does this restaurant offer highchairs for toddlers?
Does this restaurant offer takeout or food to go?
Does this restaurant offer free wifi?
Is this restaurant good for local cuisine?
Is this restaurant good for scenic view?
Thanks for helping!
We ate from the tennerfest menu, which made it really good value. Food was delicious and portions big. Staff were attentive and friendly. Could not fault it in any way.
Been here a few times and as always the food is excellent, the tennerfest menu has a good choice and there is a £10 option as well.
I had the hot sticky ribs followed by pan fried fillet of plaice and finished off with a huge portion of chocolate fudge cake which was delicious.
Service was good and happy staff,...
I visited the Halkett for dinner with my partner last night and although my expectations weren't high as the Halkett is primarily a busy pub/bar we were pleasantly surprised. Although the location of our table wasn't great (in a narrow walkway next to a party table of eight) the waitress that served us was very friendly and accommodating and checked...
We went early and it filled quickly. A popular venue it has a good sized menu lots of choice and good prices. Friendly staff and good atmosphere. Well worth a visit. Only one drawback was the staff member we had didn't know anything about which wines were sweet / dry.
Enjoyed the food here, staff and serve very good! Portions are big and well worth the money. (Reasonably priced) Quite a varied menu. Was a quiet atmosphere but was a Sunday night! Would eat here again.
LovelLovely food, great service and great staff. Really enjoyed our meal tonight and wax reasonably priced for what we ate and drank.
We had a large booking of 23 - including 2 babies and children. We all found the service at The Halkett perfect. The manager was extremely helpful, the food was served on time and was good pub grub, there were no mistakes with the orders, the drinks flowed and deserts tasted good.
Thank you to the manager, who served us...
Very pleasant staff, attentive, the food was lovely.
Carrot and coriander soup was fabulous and main courses were very tasty and lovely fresh salad.
Would strongly recommend this restaurant.
Went here for lunch with a group of friends to watch the football on a Saturday
The staff were very friendly & the food excellent
We had burgers fish & chips & the hunters chicken (very filling) washed down with local real ales which were very well kept
Also been to the 80s disco at the weekend which was brilliant...
Good food and drink prices. Lots of variety on the menu. Staff very helpful and friendly especially Kat who gave me some useful information about the island.
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The Pittsburgh Police Department declined to comment on the case on Tuesday, citing a pending civil rights lawsuit that Ford and his family have filed against the department. As reported by the Pittsburgh Post-Gazette, police say that during a routine traffic stop, Ford refused to answer officers' questions. One of the officers claimed that Ford then reached for something, and when the officer opened the passenger door in response, Ford drove off. It was then that he was shot. The shooting remains under investigation.
Janell Ross is a reporter in New York who covers political and economic issues. She is working on a book about race, economic inequality and the recession, due to be published by Beacon Press next year. Follow her on Twitter.

subset: commoncrawl


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Dolph ZigglerNicholas Theodore Nemeth
- Birthdate: 07/27/1980 (age 36)
- Height: 6'0"
- Weight: 213 Ib
Nemeth signed a development contract with WWE i...
-- WWE announced on RAW that the company will return to Washington D.C. for a RAW TV taping on Saturday, December 29th. They are taping on a Saturday due to New Year's Eve falling on a Monday. Despite the Saturday taping, the show will still air in its normal time slot. The pre-sale starts tomorrow (Tuesday) at 10 a.m. and the password is WEEDC.
-- After RAW went off the air this week, Dolph Ziggler came out and cut a heel promo on John Cena. Cena nailed him with the Attitude Adjustment to send the fans home happy. There was no dark match to end the event.


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International Edition
December, 5, 2016
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It's a stunning reality check which many diplomats knew but did not expect to hear. That for 2016, "Survival will be an achievement for the National Unity Government" in war torn Afghanistan. The words came as a blunt assessment by the U.N.'s new political point man for Afghanistan, Mr. Nicholas Haysom who warned the Security Council that the beleaguered South Asian land faces a "difficult fighting season" as the Taliban will seriously confront the Kabul government on a nationwide scale.
Five years after the Arab Spring revolutions swept the Middle East, the expansive North African country of Libya has descended into a dangerous downward spiral in which competing governments, militias, and terrorist elements have formed a chaotic witch's brew on the doorstep of Europe. Ominously, according to diplomatic and military officials, Islamic State (ISIL) terrorists have become entrenched in this strategic but fragmented state that borders six other countries.
The U.N. Security Council has tightened the economic sanctions noose on North Korea in response to the Pyongyang regime's nuclear and ballistic missile proliferation. The 15-member Council voted unanimously to slam a wide range of economic, scientific and trade bans on the reclusive communist country in direct response to North Korea's fourth nuclear weapons test and a ballistic missile launch earlier this year.
U.S. President Barack Obama promised yet again to fulfill his election pledge to close the terrorist detention facility at Guantanamo, Cuba. This time he means it. With less than a year remaining on the presidential clock, Obama plans to release some of the 95 remaining combatants to places like Uzbekistan and Sudan while shifting the remainder of up to 60 of the most hardcore terrorists to "supermax" prison facilities in the U.S. He may seal a wider deal on the leased naval base on an upcoming landmark visit to Havana in late March.
Reversing the trend of economic mismanagement, ending a 15-year debt impasse with foreign lenders, calming a percolating political crisis over the disputed Falkland/Malvinas islands in the South Atlantic, and overcoming the image of unpredictability, Argentina's new conservative government faces serious obstacles in reintroducing Argentina to an often skeptical world.
While recessionary winds continue to buffet the world economy, many countries are still prospering due to innovative policies that have embraced economic growth and expanded economic opportunities and grown the middle class in places as disparate as East Asia and South America. Yet, the United States, the world's largest economy, has slipped downward yet again in economic freedom according to a significant new survey.
Five years after the onset of the purportedly pro-democracy revolts against authoritarian rulers in much of the Middle East, the heady warm breezes of the Arab Spring have been replaced with swirling ill winds sweeping the region from Tunisia to Iraq. Governments were toppled, chaos ensued, and the genie of pent up political frustrations soon turned violent. Syria, Libya and Yemen are wracked by violence.
Former U.S. Defense Secretary Robert Gates slammed both the Obama administration and the presidential candidates calling for long-term realism in America's fight against the Islamic State terrorism. "I think that the president has all along underestimated ISIS, has underestimated the degree of fear that they have been able to provoke among a lot of Americans," Gates stated, using an alternative acronym for IS.
Not one week into the new year, the North Koreans jolted the world as well as the Richter scale with a nuclear weapons test. While the underground blast shook the remote Punggye-ri region near the Russian border, the political reverberations of the bomb have been felt globally,
It's time to consult the crystal snow globe for a look at both the likely and unexpected events which will shape the New Year. Serious strife both in the Middle East, and Africa to a lesser extent, have expanded leading to a culture of conflict with the ensuing reverberations of refugees which have swamped into neighboring countries and deeper into Europe.


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Mac Carter (Character)
from Step Up (2006)
FilmographyEdit Credits
- Step Up (2006) Played by Damaine Radcliff
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Skinny Carter: So, can I still come to the party?
Mac Carter: Skinny! Hey come on!
Skinny Carter: Man, he ain't sayin' nothin' bout me. He said y'all couldn't go to the party. He didn't say nothin' bout Skinny. Nothing!
Mac Carter: Will you shut up?
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Check in from 14h / Check out prior to 11h
Super 8 Palestine: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Palestine, United States.
Boasting an outdoor pool, Super 8 Palestine is situated in Palestine and provides comfortable accommodation. It features a spa and wellness centre, as well as laundry facilities, meeting rooms and a 24-hour reception.
Hotel description
Super 8 Motel Palestine has a dry cleaning service and a wake-up service. It also offers a lift and a vending machine.
Every comfortable room at Super 8 provides heating, a refrigerator and a private bathroom, plus all the essentials for an enjoyable stay. A microwave, cable/satellite channels and a hair dryer are also provided.
Guests of at the motel can enjoy breakfast every morning.
Hotel features
Air Conditioned, Refrigerator, Cable / Satellite TV, Microwave, Hair Dryer, TV, En suite, Private Bathroom, Vending Machines
Elevator / Lift, 24 Hour Reception, Dry Cleaning, Wake-up Service, Meeting Rooms, Photocopier, Self Laundry
Swimming pool, Spa & Wellness Centre, Pool Outdoor
Private Toilet
Availability and Prices
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Per night
Users who viewed Super 8 Palestine also viewed these 2 stars Palestine hotels:
Texann Motel
805 E Palestine Ave, Palestine
805 E Palestine Ave, Palestine
BEST WESTERN Palestine Inn
1601 W Palestine Avenue, Palestine
1601 W Palestine Avenue, Palestine
Comfort Suites Palestine
301 Willow Creek Parkway, Palestine
301 Willow Creek Parkway, Palestine
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261 reviews
Nearest hotels
- BEST WESTERN Palestine Inn
1.3 km
- Comfort Suites Palestine
1.8 km
- Town & Country motel Palestine
3.7 km


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Yukka is in Tokyo for college placement test, and she needs to incidentally stay with her Cousin Yoshi. Yoshi is astounded to see his little cousin is grown up as a youthful lovely young lady.
File Info
Title/ IMDB: My Pretty Sister
Genre: Drama, Erotic
Cast: Akiho Yoshizawa, Ozawa Shino, Sakura Hirota
Source: DVDRip
Language: Japanese
Subtitle: English


text:
Guild Wars 2
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Naruto Online
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Painting the male model gave me a chance to appreciate the landscape of planes, angles, character lines that are more apparent with the masculine form. The challenge was balancing all the warmth of a sunset with cooler skin tones and since so much of the yellow shirt was reflected in the face, seeking out and emphasizing those cooler tones were crucial. I suppose, I could have changed the color of the shirt, but I was attracted to all that yellow in the first place.
This piece is matted and ready to be framed.
Pastel on pastel paper
Pastel drawing by Denise Henley
Pastel drawingby Denise Henley
Pastel drawingby Denise Henley
Paintingby Denise Henley
Oil paintingby Denise Henley


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Novotel Danang Premier Han River hotel
36 Bach Dang Street
Hai Chan District
36 Bach Dang Street
Hai Chan District
The 5-star Novotel Danang Premier Han River hotel is located in central Da Nang on the West bank of the Han River. This 37-storey hotel offers exceptional panoramic views of the city, as well as the surrounding mountains and beaches. The hotel is the ultimate wedding venue, providing fine cuisine and professional service at Novotel.
Situated along the Bach Dang Promenade, the Novotel Danang Han River is the city's landmark hotel. The sweeping panoramas of the city, beaches and beautifully lit bridges are viewable from the hotel's rooms and outlets. The international airport and the railway station are only 2km and 1km away respectively. The location is perfect to travel to UNESCO World Heritage sites, such as Hoi An and My Son sanctuary, as well as a number of world-class golf courses.
This hotel participates to Planet 21 and is acting in favour of Positive Hospitality.
Online check-in: Your arrival will be carefully prepared by our team
Fast check-out: Simply return your key
Online check-in: Your arrival will be carefully prepared by our team
Fast check-out: Simply return your key
36 Bach Dang Street
Hai Chan District
Tel: (+84)5113929999
Fax: (+84)5113929998
Modern, spacious & comfortable, rooms have been designed to accommodate your wishes, regardless of the reason for your stay, so that you can relax (sundeck balcony or terrace in most rooms, comfortable sofa, 32" LCD screen television & mini-bar)or work (WiFi, working desk and connectivity panel).
Choose comfort and space. Our 28 m² Deluxe Room offers breathtaking panoramical view of Danang. It comes with 1 King or twin beds, shower, media hub, free WIFI, 32" LCD TV, safe, and beverage making facility. Up to 2 adults. No Rollaway.
Ranging from studios to 3-bedrooms, our apartments are well designed and feature high-end facilities.
Choose comfort and space. Our Superior Room is a great example of what Novotel Danang is all about. It comes with 1 King or 2 Single beds, shower, media hub, free WIFI, 32" LCD TV, safe & beverage making facility. Up to 2 adults. No Rollaway. 28sqm.
Feel yourself unwind in the added space of this modern Suite. Free Wifi and Premier Lounge access with personalised check in and out, snacks, drinks and more. Up to 3 adults or 2 adults and 2 children. 57sqm.
Our Executive Room is cosy, spacious and offers unique features designed especially for you: flat screen TV, iPod docking station, espresso machine, minibar and wellness kit. Up to 2 adults and 1 child (depending on room configuration).
Step in the Square to experience a lavish breakfast buffet each morning. Then as the sun sets, the restaurant transforms to offer theme buffet prepared live by our talented chefs in sparkling open kitchen and once a week seafood extravaganza night.
The casual atmosphere of Splash is perfect for relaxation. An excellent place to sip a tropical cocktail and mocktail while taking a deep in the pool. Splash will feature food and beverage selections on inflatable floating menus, "Frisbees".
Reviews collected from customers who booked on AccorHotels.com
We loved staying at Novotel. Everything was great, the service, breakfast, the room and the large pool on the 4th floor. Also the amazing view of the river and the dragon bridge. Already planning to return!
Thanks for taking the time to tell Trip Advisor readers that you love staying at Novotel. It is a pleasure to read your feedback about the great food, good service and amazing views offered by our hotel. We are happy to learn you will book another stay at Novotel on your return trip to Danang. Kind regards, James Murphy General Manager
Good room, Good view and Good location. Great help and assistance from reception desk Miss Le Thi Le Thu, Ngo Hoang Diem Trand and Huynh Thi My Nhung regaring the prices, the pakcage and other help. Hotel breakfast is only normal.
After Hoi An trip, we chose Novotel Danang Premier Han River to stay for 3 days 2 nights,we request to stay in high floor and the view from my room was amazing .The room was super clean and well maintained.The breakfast buffet is delicious and good,thumb up.
Thanks for giving us the "thumbs up" for the cleanliness and maintenance of our guest rooms. We look forward to sharing your positive feedback with the team responsible for keeping our hotel rooms at such a high standard. Kind regards, James
Tired on hit and miss boutique hotels, I decided Danang needed the best available as a vantage point and base. Lucky enough to have a river view, I was impressed and luxuriated in the space. The infinity pool is a highlight, and the location is convenient and offers access to all required infrastructure. I did enjoy the staff more than usual in hotels, and there was certainly a culture of going one step better through communication, enquiries and little helpful touches. If you are willing to move a step above boutique while in Danang, then this is one move you are unlikley to regret.
Hello Martin A, Thank you for such a positive review. It is always pleasing to read such wonderful comments. I am glad you had such a pleasant stay. I will be sure to share your comments with our team. I am sure that this feedback will serve as an encouragement to all of our staff as we strive to continuously improve the quality of our services Please feel free to contact us directly if we can be of any further assistance or "Like" our Facebook page to see what else is happening within our hotel. We are glad you enjoyed your stay with us we hope your next visit will be another memorable stay. Kind Regards, J.P.
We only stayed 1 night in Danang and wished we had stayed longer not only to see more but because the hotel and the room we had was amazing! The staff were great. We would highly recommend this hotel and when booking make sure to book a room facing the river as the light show from the city skyline is amazing!
Thanks for taking the time to tell Trip Advisor readers how much you enjoyed your stay at our hotel. We look forward to sharing your positive compliments on our product and service with the hotel team. Kind regards, James Murphy General Manager
Great hotel - modern, clean, friendly. And within walking distance of the Dragon Bridge - well worth seeing it breath fire and water every night at 21:00. In fact all four bridges are spectacular, especially at night with the kaleidoscope of colour.
Thanks for taking the time to tell Trip Advisor readers how much you enjoyed your stay at our hotel. We look forward to sharing your positive compliments with the hotel team. We look forwards to welcoming you back to Novotel. Kind regards, James Murphy General Manager
This is a very nice property. The view is unique in Danang and location is very good. Everything in the rooms is very nice; in fact, the room seemed to us to be same as Sofitel but smaller. Restaurant was quite good, pool bar very pleasant. The one downside is that the internet is dreadfully slow. We enjoyed it very much overall, though!
Dear Barry E, Warm greetings from Novotel Danang Premier Han River. Thank you for your valuable review posted on TripAdvisor which assists us greatly in monitoring our services and facilities. We are happy to read that you enjoyed our beautiful view of Danang and we particularly like your reference to the Sofitel product. However I have also noted that our Wifi speed was not up to your satisfaction. I've addressed your comment to our IT engineers to ensure that these problems are rapidly attended. Since the opening of the hotel last year, we have actually doubled the internet bandwith every 6 months but realize that the increasing use of smart phones and tablets, still necessitates periodical upgrades of the bandwith available. By mid-September I have been assured that we will be able to provide for both international and domestic internet 10 Mbps bandwith and a bandwith management system to allow us to fairly distribute the bandwith accross the hotel. I regret that this upgrade was not available during your stay and apologize for the inconvenience caused. All of our guests wellbeing and comfort is very important to us, we will do our utmost to enhance the quality of our services on your next visit. Please kindly contact me on your next visit to Danang and we will ensure you with a pleasant stay. Best regards, J.P.
Arrived late on Thursday evening - and was checked in within minutes at the executive 29th floor by very capable and service minded staff. The room was perfect, new, clean, room service excellent (upon request served the food in the executive lounge, and very good service provided in general by the hotel. Will look forward to coming back!
Thanks for taking the time to tell Trip Advisor readers how much you enjoyed your stay at our hotel. We look forward to sharing your positive compliments on our product and service with the hotel team. We look forwards to welcoming you back to Novotel. Kind regards, James Murphy General Manager
When making a booking at this hotel:


text:
Thread: which payment gateway for india?
10-07-2009, 01:53 AM #1Junior Guru Wannabe
- Join Date
- Mar 2009
- Posts
- 81
which payment gateway for india?
I know that there is ccavenue in india which accepts indian currency but they do not offer it for auction site and paypal does not accept indian currency ebay site of india uses paisapay which is there inhouse solution and only for ebay india so is there any other gateway which can be used for auction site and accepts indian currency for transactions.0
10-07-2009, 03:11 AM #2Wanna be a part?
- Join Date
- May 2004
- Location
- World Wide Web
- Posts
- 1,129
ICICI, HSBC and Axis bank also provide payment gateways but they are quite costly and they are a little hard to setup as compare to the International CC Payment gateways such as Plimus, 2Checkout.
We are an Indian company but we are using Plimus, 2Checkout + Paypal. Our Indian clients pay us via ICICI Bank transfer/cash or by dropping cheques in the ATM Drop boxes.≡ Real Value Hosting - Every day hosting solutions since 2003≡
★ Shared Hosting ★ Reseller Hosting ★ VPS ★ Dedicated Servers ★ True 24 x 7 x 365 Support0
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text:
Online Class
Patternmaking + Design: The Pants Sloper
with Suzy Furrer
Beautiful hat for a lady, very easy and fast to make! Made on two straight needles and sewn at the back. The pattern includes instructions for the crocheted rose. BASIC SKILLS NECESSARY knit, purl, knit 2tog GAUGE ~4.25 sts, 5 rows per 1" in Rice stitch SIZING / FINISHED MEASUREMENTS to fit an average lady with head circumference of 21"-23"


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August 29, 2001
LOETTA CANNON, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.CHERRY HILL TOYOTA, INC., DEFENDANT.
This class action consumer fraud case is before the Court on the parties' cross-motions for partial summary judgment pursuant to Rule 56, Fed. R. Civ. P. Plaintiff Loetta Cannon ("Cannon"), on behalf of herself and all others similarly situated, has sued the defendant car dealership, Cherry Hill Toyota, Inc. ("Cherry Hill") alleging violations of the federal Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601 et seq. and the New Jersey Consumer Fraud Act ("NJCFA"), N.J.S.A. §§ 56:8-2 et seq. The gravamen of plaintiff's complaint is that Cherry Hill violated TILA and the NJCFA because it made material misrepresentations on form contracts used in connection with the sale of extended automobile warranties, stating that the entire charge for the warranty was paid to others when in fact Cherry Hill Toyota retained a substantial portion for itself as profit or commission.
Cherry Hill has filed the present motion for partial summary judgment seeking dismissal of Counts One and Two, or in the alternative striking plaintiff's demand for actual damages under TILA in Count One and treble damages under the NJCFA in Counts Two and Three of the Complaint. Plaintiff's motion for partial summary judgment conversely seeks judgment in her favor on Counts One and Two.
The main issue for decision in the present cross-motions is whether plaintiff must show detrimental reliance on the offending contract as a prerequisite to recovery under either TILA or NJCFA, or both. More specifically, now that all discovery in the case has concluded, the Court must determine whether there is any evidence of actual damages under TILA, or of "ascertainable loss" under NJCFA, caused by these violations. For reasons now discussed, this Court finds that the plaintiff must make a showing of detrimental reliance in order to obtain "actual damages" under TILA, and must make a similar showing of "ascertainable loss" in order to obtain any damages under NJCFA. As explained in further detail below, plaintiff fails to create a genuine dispute as to whether she suffered actual or ascertainable damages, and the Court will enter partial summary judgment in defendant's favor on Counts One and Two. However, although plaintiff is not entitled to actual or ascertainable damages in this case, defendant's conduct nonetheless violated TILA and NJCFA, and thus plaintiff is entitled to recover statutory damages under TILA and attorneys' fees, as explained below.
In order to set the present motions in context, a brief summary of the procedural history of this case follows. On July 29, 1997, Cannon filed a three-count class action complaint against Cherry Hill asserting violation of TILA (Count One), and the NJCFA (Counts Two and Three). On October 7, 1997 plaintiff amended her complaint to assert a new claim under TILA. On October 14, 1997, Cherry Hill filed a motion for partial summary judgment seeking dismissal of Counts One and Two. By Order dated May 11, 1998 the Court struck plaintiff's Amended Complaint and denied Cherry Hill's motion to dismiss Counts One and Two. This Court certified the Cannon class by Order dated March 26, 1999. Cannon v. Cherry Hill Toyota, Inc., 184 F.R.D. 540 (D.N.J. 1999). Defendant filed a motion for reconsideration on April 6, 1999, and the Court temporarily stayed its March 26 Order. On June 3, 1999 defendant filed an additional motion seeking a declaratory judgment that plaintiff's NJCFA claims are preempted by TILA. The Court denied the reconsideration and declaratory judgment motions on July 26, 1999. *fn1 Defendant appealed, and by Order dated September 1, 1999 this Court denied defendant's motion to stay the proceedings pending appeal. The Third Circuit subsequently dismissed defendant's appeal for lack of jurisdiction on January 19, 2000.
As the Court has noted in a published Opinion in this case, plaintiff's complaint stems from her on July 30, 1996 purchase of a used automobile from Cherry Hill Toyota. Cannon, 184 F.R.D. at 542. In addition to the vehicle, Cannon purchased, through defendant, an optional mechanical breakdown protection ("MBP") package from Interstate, Inc. Cannon financed the entire transaction through Cherry Hill Toyota. The transaction was memorialized in a retail sales installment contract, which reflects a charge of $1,167.21 for the MBP in a contract section entitled "Amounts Paid to Others on Your Behalf." Id.
On July 29, 1997, Cannon commenced this action by filing a putative Class Action Complaint. Cannon alleges that Cherry Hill's representation in the "Amounts Paid to Others" section was false and misleading because Cherry Hill retained a portion of that amount for itself without disclosing to Cannon that it was doing so. Cannon further alleges that Cherry Hill routinely makes false and misleading representations to consumers about the amount of money it pays to third parties for MBP on consumers' behalf because Cherry Hill consistently retains a portion of the price while affirmatively misrepresenting and failing to disclose the true distribution of those funds. Id.
Cannon maintains that Cherry Hill's failure to disclose that it was adding a mark-up or "upcharge" to the actual cost of the service warranty, and that defendant's affirmative misrepresentation of the amount actually paid to Interstate on the retail sales installment contract, as to which she financed the entire amount, violates the Truth in Lending Act ("TILA") (Count One), and the New Jersey Consumer Fraud Act ("NJCFA") (Count Two). Cannon also claims that Cherry Hill violated the NJCFA by affirmatively representing to her that the vehicle she bought had front wheel drive when it in fact had rear-wheel drive (Count Three). Id. (Count Three is not a subject of these motions.)
It is important to bear in mind that the present cross-motions pertain only to plaintiff Cannon's individual claims, but may have some bearing on her suitability to act as class representative for approximately 2,300 individuals with claims similar to hers. Within this scope the Court turns to consider the present cross-motions.
A. Summary Judgment Standard
The standard for granting summary judgment is a stringent one. A court may grant summary judgment only when the materials of record "show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). In deciding whether there is a disputed issue of material fact the court must view the evidence in favor of the non-moving party by extending any reasonable favorable inference to that party. See Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1080-81 (3d Cir. 1996); Kowalski v. L & F Prods., 82 F.3d 1283, 1288 (3d Cir. 1996); Meyer v. Riegel Prods. Corp., 720 F.2d 303, 307 n.2 (3d Cir. 1983), cert. denied, 465 U.S. 1091 (1984). The threshold inquiry is whether there are "any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986).
Supreme Court decisions mandate that "[w]hen the nonmoving party bears the burden of persuasion at trial, the moving party may meet its burden on summary judgment by showing that the nonmoving party's evidence is insufficient to carry its burden of persuasion at trial." Brewer v. Quaker State Oil Refining Corp., 72 F.3d 326, 329-330 (3d Cir. 1995) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1987)). However, "the nonmoving party creates a genuine issue of material fact if it provides sufficient evidence to allow a reasonable jury to find for him at trial." Brewer, 72 F.3d at 330 (citing Anderson, 477 U.S. at 248). Once the moving party has carried its burden of establishing the absence of a genuine issue of material fact, "its opponent must do more than simply show that there is some metaphysical doubt as to material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). Thus, if the non-movant's evidence is merely "colorable" or is "not significantly probative," the court may grant summary judgment. Anderson, 477 U.S. at 249-50.
The standard by which the court decides a summary judgment motion does not change when the parties file cross-motions. Weissman v. United States Postal Service, 19 F. Supp.2d 254 (D.N.J. 1998). When ruling on cross-motions for summary judgment, the court must consider the motions independently, Williams v. Philadelphia Hous. Auth., 834 F. Supp. 794, 797 (E.D. Pa. 1993), aff'd, 27 F.3d 560 (3d Cir. 1994), and view the evidence on each motion in the light most favorable to the party opposing the motion, see Matsushita, 475 U.S. at 587.
B. TILA Claim
Plaintiff's Count One states a claim under the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. ("TILA"). TILA requires the lender or creditor, this case Cherry Hill Toyota, to provide "a written itemization of the amount financed," including "each amount that is or will be paid to third persons by the creditor [the dealer here] on the consumer's behalf, together with an identification of or reference to the third person." 15 U.S.C. § 1638(a)(2)(B)(iii). The amount to be paid to Interstate on Cannon's behalf is not stated correctly in the written itemization of the amount financed that Cannon received. It is true that the consumer is not entitled to the statement unless he makes a written request for it, § 1638(a)(2)(B); 12 C.F.R. § 226.18(c)(2), and there is no indication that Cannon did. But the creditor is allowed to skip this stage and simply provide the itemization of the amount financed without being asked for it. 12 C.F.R. Pt. 226, Supp. I § 18(c)(1). That appears to be what happened in this case. Cherry Hill furnished the itemization, and the itemization contains a false representation. Namely, the itemization failed to disclose that Cherry Hill retained a portion of the warranty price, and that the amount paid to "third person" is therefore actually much less than the stated amount.This Court noted in the context of class certification that there do not appear to be any questions of law or fact in this case other than the precise measure of damages suffered by each individual class member. Cannon, 184 F.R.D. at 546. Using the form contracts described above, Cherry Hill sold extended warranties on credit to an estimated 2,300 individuals during the relevant time period. Because these form contracts failed to inform the consumers that Cherry Hill would retain a portion of the warranty price, at first glance this would seem to be an open and shut case, the only question being the proper measure of damages.
Despite the clarity of the issues for decision here, defendant attempts to muddy the waters by asserting arguments that this Court has already rejected. Specifically, defendant argues that it is not liable under TILA because it is entitled to a "good faith defense." Section 1640(f) of the Truth in Lending Act provides a good faith defense to acts done or omissions made in "good faith conformity with any interpretation or approval by an official or employer of the Federal Reserve System . . . ." 15 U.S.C. § 1640(f).
Defendant maintains that it is entitled to a good faith defense under § 1640(f) because it had reasonable grounds to believe that its duty to inform consumers of its profits on warranties was "permissive not mandatory" under a reasonable interpretation of then-prevailing FRB commentary at 12 C.F.R. § 226.18 (Comment 226.18(c)(iii)(2)). (See Def. Reply Br. at 2-4, and Letter of Nancy McDonald, Esq., dated July 27, 2001.) This Court has already adopted Seventh Circuit Chief Judge Richard Posner's characterization of this very argument as "preposterous" in the factually similar case of Gibson v. Ben Watson Chevrolet-Geo, Inc., 112 F.3d 283, 285-86 (7th Cir. 1997). (July 26, 1999 Op. at 21-22.) As Judge Posner observed:
The commentary (a part of the Federal Reserve Board's Regulation Z) addresses the situation in which the creditor retains a portion of the fee charged to a customer for a service provided by a third party, such as an extended warranty. It provides that "the creditor in such cases may reflect that the creditor has retained a portion of the amount paid to others. For example, the creditor could add to the category `amount paid to others' language such as `(we may be retaining a portion of this amount).'" 12 C.F.R. Pt. 226, Supp. I § 18(c)(1)(iii)(2). The commentary, being limited to the case in which the fee "is payable in the same amount in comparable cash and credit transactions," id., has no bearing on the claim that the dealers in these cases are hiding a finance charge. But as to the other possible violation, the failure to itemize accurately, the defendants contend that the words "may" and "could" show that they can if they want disclose that they are retaining some of the fee, but that they are not required to do so. In other words, they read the commentary to say: "You may conceal the fact that you are pocketing part of the fee that is ostensibly for a third party, but if you are a commercial saint and would prefer to tell the truth, you may do that too." So interpreted, however, the commentary not only would be preposterous; it would contradict the statute. The only sensible reading of the commentary is as authorizing the dealer to disclose only the fact that he is retaining a portion of the charge, rather than the exact amount of the retention. Even this is a considerable stretch of the statute; and it is as far as, if not farther than, the statute will stretch. Id. (emphasis added).
This Opinion will mark the second time the Court has specifically rejected defendant's "good faith" argument. In the Court's Opinion on Defendant's Motion for Reconsideration of the Class Certification Order, I clearly rejected defendant's "permissive not mandatory" position: "the `good faith' defense of § 1640(f) is not available to Cherry Hill Toyota under these circumstances." (July 26, 1999 Op. at 23.) This conclusion has not changed. In the future, defendant is advised not to submit arguments that have already been disposed of, there having been no intervening change of facts or law.
Having determined that defendant is not protected by a good faith defense, the Court next turns to the issue of whether defendant is liable as a matter of law under TILA. It is undisputed that defendant retained a portion of the amounts charged for service contracts. (See Horton Aff., Pl. Ex. F; Pl. Mat. Facts ¶¶ 6-9.) Further, defendant misrepresented that the "Amounts Paid to Others on Your Behalf" for the MBP was $1,167.21, when in fact it retained an undisclosed substantial markup for itself. Further it is beyond dispute that defendant used the same or substantially similar form contracts when it transacted with each of the class members, none of which made the required disclosure. (See id. and Horton Aff. B-D.) As no material facts remain in dispute concerning defendant's use of form contracts that withheld relevant information from consumers and violated the TILA statute, the Court finds as a matter of law that defendant is liable to plaintiff for violation of TILA at 15 U.S.C. § 1638(a)(2)(B)(iii), supra.
The next question is whether plaintiff is entitled to damages upon her TILA claim. The Cannon class has requested actual damages equal to the total amount of "upcharges" retained by Cherry Hill Toyota, which plaintiff calculates to be $1,546,524.70. (Pl. Mat. Facts ¶¶ 10-14.) The provision governing actual damages reads:
Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part . . . with respect to any person is liable to such person in an amount equal to . . . (1) any actual damages sustained by such person as a result of the failure. 15 U.S.C. § 1640(a)(1).
In addition to allowing for actual damages, TILA provides three other remedies. First, TILA authorizes the Federal Trade Commission as its overall enforcement agency, 15 U.S.C. § 1607(c), and confers upon other federal agencies enforcement power over specific categories of lenders. 15 U.S.C. § 1607(a). Under this provision, the enforcing agency is required to adjust the consumer's account to eliminate any unjust finance charges. 15 U.S.C. § 1607(e)(1). Second, TILA imposes criminal liability on persons who knowingly and willingly violate the statute. 15 U.S.C. § 1611. Finally, TILA creates a private cause of action for statutory damages in favor of an individual, which may be assessed in addition to any actual damages. 15 U.S.C. § 1640(a)(2)(A)("twice the amount of any finance charge in connection with the transaction"). For class action suits arising out of the same TILA violation, Congress has placed a ceiling on statutory damages of the lesser of $500,000 or 1% of the defendant's net worth. 15 U.S.C. § 1640(a)(2)(B). As the Eleventh Circuit en banc recently observed, "[u]nder this regime statutory damages provide at least a partial remedy for all material TILA violations; however, actual damages ensure that consumers who have suffered actual harm due to a lender's faulty disclosures can be fully compensated." Turner v. Beneficial Corp., 242 F.3d 1023, 1026 (11th Cir. 2001) (en banc) (overruling Ransom v. S & S Food Center, Inc. of Florida, 700 F.2d 670, 677 (11th Cir. 1983)).
In order to recover actual damages, plaintiff must establish that she relied to her detriment on the inaccurate disclosure. Although the Third Circuit has not addressed the issue, the majority of courts to have considered the issue have held that detrimental reliance is an element in a TILA claim for actual damages. See id. 242 F.3d at 1026; Perrone v. General Motors Acceptance Corp., 232 F.3d 433, 436-40 (5th Cir. 2000); Stout v. J.D. Byrider, 228 F.3d 709, 718 (6th Cir. 2000); Peters v. Jim Lupient Oldsmobile, 220 F.3d 915, 917 (8th Cir. 2000); Bizier v. Globe Financial Services, Inc., 654 F.2d 1, 4 (1st Cir. 1981) (dicta); Vickers v. Home Fed. Sav. & Loan Assoc., 404 N.Y.S.2d 201, 202 (1978). But see Lopez v. Orlor, 176 F.R.D. 35, 40 (D. Conn 1997); Sutliff v. County Sav. & Loan Co., 533 F. Supp. 1307, 1313 (N.D. Ohio 1982); In re Russell, 72 B.R. 855, 857 (Bankr. E.D. Pa. 1987).
The statute provides that a plaintiff is entitled only to "any actual damages sustained . . . as a result" of a TILA violation. The plain meaning of the "sustained as a result" is that, in order to recover actual damages, the plaintiff must establish a causal relationship between the fraud and the loss. In addition to the plain meaning, the legislative history of the Act supports this reading:
Section 130(a) of TILA allows a consumer to recover both actual and statutory damages in connection with TILA violations. Congress provided for statutory damages because actual damages in most cases would be nonexistent or extremely difficult to prove. To recover actual damages, consumers must show that they relied on an inaccurate or incomplete disclosure. 141 Cong. Rec. H9513, H9516, 104th Cong., 1st Sess. (Sept. 27, 1995) (Stmt. of Mr. McCollum) (co-author of legislation).
As the legislative history emphasizes, the Act requires the more burdensome showing of detrimental reliance in actions for actual damages. In order to elucidate the parties' burdens in the context of proving damages "sustained as a result" of the TILA violation, the Eighth Circuit has crafted a framework which requires that the plaintiff show: "(1) that she read the TILA disclosure statement; (2) that she understood the charges being disclosed; (3) had the disclosure statement been accurate, she would have sought a lower price; and (4) she would have obtained a lower price." Peters, 220 F.3d at 917. This Court will follow this sensible approach.
Applying the Peters framework to this case, the Court finds that plaintiff has failed to provide evidence from which a reasonable jury could conclude that she relied to her detriment on Cherry Hill's disclosure statement. Plaintiff testified that she read the Retail Installment Contract before signing it, (Cannon Dep. at 28), that she read the box concerning the MBP before buying it (id. at 29), and that she understood at that time that the contract identified the cost of the MBP as $1,157.00 (id.). Plaintiff thus satisfies the first and second prongs of the Peters test. Plaintiff has failed, however, to adduce any evidence that, if Cherry Hill's retained commission had been disclosed, she would have sought a lower price on the warranty or that she would have succeeded in finding a lower price.
Plaintiff chiefly relies upon the report of her expert, automobile industry consultant David Stivers, as support for her reliance theory. Mr. Stivers opines that by failing to disclose that it profited from the sale of warranties, Cherry Hill deprived Ms. Cannon of opportunity to negotiate a lower price:
Listing a false destination of extended warranty (service contract) premium, while suppressing the fact that the dealership is marking up the price for its profit, deprives consumers' ability to negotiate the price, by not revealing that it is negotiable. A false impression is thereby imparted: that extended warranty (service contract) prices are set exclusively by the individual warranty (service contract) company, which demands (and collects) this full amount of money as a warranty premium. Contrary to this false impression, Cherry Hill Toyota, Inc. marks up above its basic costs and sets these higher prices to the consumer(s), according to whatever the market will bear. (Stivers Report at 6, Lindsay Aff. Ex. B.)
Even assuming that Mr. Stivers's report supports plaintiff's argument that Ms. Cannon might have gotten a better deal if Cherry Hill had been more forthright, this expert report creates -- at best --merely a logical path suggesting that the true disclosures might make price bargaining more likely to occur. This is insufficient to give rise to an inference that Ms. Cannon herself would have sought and obtained a lower price. The evidence of record instead tends to show that Ms. Cannon would not have shopped for a cheaper warranty if she had known about Cherry Hill's profits. In fact, Ms. Cannon's own testimony undermines any logical inference that she would have searched for or gotten a better price had she realized that Cherry Hill profited from MBP sales:
Q: Before you saw your attorney, did you have any problem with the extended warranty?
A: No.
Q: Okay. Besides what your lawyer told you, why do you believe you were charged the wrong amount?
A: I have no idea.
Q: Were you charged the wrong amount for the purchase price of the vehicle?
A: I have no idea. (Cannon Dep. at 35-36.)
As this testimony shows, other than advice of counsel, Ms. Cannon had no basis for believing that she paid too much for the warranty, which belies her position that she would have negotiated a lower price had she known about the upcharge. Her testimony also fails to indicate that she would have obtained a better price:
Q: What is wrong with the amount they charged you?
A: I believe that's not the right amount.
Q: Why not?
A: It just seems awful high to charge someone that amount of price for a warranty.
Q: Is that what they told you it was going to cost?
A: Yes.
Q: Did you agree to that price?
A: Yes. (Id. at 40.)
Q: Besides the fact that you think the cost of the extended warranty is high, why else do you believe that you were cheated?
A: Are you just talking about the warranty?
Q: Yes.
A: Just by me going over it. Just by me looking at it. It just seems like a higher price to me.
Q: Besides that, is there any other reason why you believe you were cheated?
Q: And you agreed to that price when you signed the contract?
A: Yes. (Id. at 42.)
Q: What is wrong about the price?
A: It's too much.
Q: Why?
A: To my knowledge, I think its too much.
Q: When you say it's too much, too much compared to what?
A: I'm not sure.
Q: So you have nothing to compare that to as to why it would be too much; is that true?
A: Just by me going over the paperwork, and I just believe it was too much.
Q: So do you believe that you have received a benefit from the warranty?
Q: Taking that into consideration, what is it about that price that you think is too much?
A: It just seems too high to me. (Id. at 45-46.)
As the testimony above shows, there is no indication whatsoever that Ms. Cannon would have sought or found a less expensive warranty plan if she had known about the upcharge. Plaintiff's expert's report does not contend that plaintiff would have negotiated for and obtained a lower price from Cherry Hill or any other dealer. *fn2 Moreover, Ms. Cannon's "feeling" that the warranty was too expensive is not based on comparison shopping, or any knowledge of comparative pricing, and there is no indication in the record that she either knew or (with disclosure of the upcharge) would have known that a less expensive alternative was available.
In sum, plaintiff's own testimony contradicts any suggestion that she relied to her detriment on Cherry Hill's incomplete disclosure. Mere speculation as to what Ms. Cannon might have done does not create a triable issue that she relied to her detriment on the incomplete warranty disclosure and suffered quantifiable damages thereby. Plaintiff thus has failed her burden of marshaling facts and reasonable inferences from which a jury could find that (1) she would have sought a cheaper warranty, and (2) that she would have succeeded in such a quest. The Court finds that plaintiff has failed to satisfy the third and fourth prongs of the Peters test, and concludes that plaintiff has failed to create a triable issue that she suffered actual damages on account of Cherry Hill's TILA violation. Accordingly, the Court will enter summary judgment against plaintiff's claims for actual damages under TILA.
Although plaintiff is unable to prove actual damages under TILA, she has proved entitlement to statutory damages arising from this same TILA violation pursuant to 15 U.S.C. § 1640(a)(2)(A)(for individual claim) and 1640(a)(2)(B)(for class claim). Plaintiff in this TILA case "need not prove that [s]he suffered actual monetary damages in order to recover statutory damages and attorney's fees," Purtle v. Eldridge Auto Sales, Inc., 91 F.3d 797, 800 (6th Cir. 1996), cert. denied, 520 U.S. 1252 (1997).
Plaintiff's TILA claim will be set for trial to determine the proper measure of individual and class-based statutory damages to be awarded. *fn3 It will be especially appropriate to award statutory damages where, as in plaintiff's case, actual quantifiable damages are not susceptible of proof. See, e.g., Gambardella v. G. Fox & Co., 616 F.2d 104 (2d Cir. 1983); Brown v. Marquette Sav. & Loan Ass'n, 686 F. 2d 608 (7th Cir. 1982); Davia v. Werne, 673 F. 2d 866 (5th Cir. 1982); Dryden v. Lou Budke's Arrow Finance Co., 630 F. 2d 641 (8th Cir. 1980); Postow v. OBA Federal Sav. & Loan Ass'n, 627 F. 2d 1370(D.C. Cir. 1980); Hinkle v. Rock Springs Nat. Bank, 538 F. 2d 295 (10th Cir. 1976).
C. NJCFA Claim
Plaintiff's Count Two alleges that Cherry Hill's conduct violated the New Jersey Consumer Fraud Act, N.J.S.A. §§ 56:8-1 to 8-97 ("NJCFA"). The parties have cross-moved for summary judgment on this Count as well.
NJCFA provides a private cause of action in favor of:
Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of the use or employment by another person of any method, act, or practice declared unlawful under this act . . . . In any action under this section the court shall, in addition to any other appropriate legal or equitable relief, award threefold damages sustained by any person in interest. In all actions under this section the court shall also award reasonable attorneys' fees, filing fees and reasonable costs of suit. N.J.S.A. 56:8-19.
The Act provides, inter alia, that it shall be an unlawful practice for an automobile dealer to "fail to disclose, prior to sale, the existence and terms of any written warranty, service contract, or repair insurance offered by the dealer in connection with the sale of a used motor vehicle." N.J.S.A. 56:8-67(g).
Cherry Hill's failure to correctly disclose its profits on the MBP, by instead indicating the entire amount was paid to Interstate, is a facial violation of section 56:8-67. The Court finds that Cherry Hill Toyota is liable to plaintiff for violating N.J.S.A. 56:8-67(g) by failing to disclose the existence of a material term of the service contract, namely, that the actual cost of the MBP to Cherry Hill was a substantially lesser amount than the figure that the contract stated was being paid to Interstate on plaintiff's behalf, with the difference in price going to Cherry Hill as profit upon the sale of the service contract. Instead, Cherry Hill falsely disclosed that the entire amount charged for the extended service contract was being paid over to a third party -- Interstate -- when in fact a substantial amount was retained by Cherry Hill as a commission and profit in the undisclosed upcharge. Cherry Hill's failure to disclose the true price of the service contract -- the amount actually remitted to Interstate -- is as a matter of law a violation of the NJCFA, N.J.S.A. 56:8-67(g), for failure to disclose a material term of the service contract, namely, its actual price.
However, simply showing a violation of NJCFA is not enough to entitle a plaintiff to damages under that Act. It is important to note that the NJCFA does not provide for recovery of statutory damages where a plaintiff cannot show actual harm. In TILA, the statutory damages provision allows damages even without a showing of loss caused by the illegal conduct. See 15 U.S.C. § 1640(a)(2)(A). Unlike TILA, however, NJCFA requires that, in order to recover any damages, a plaintiff must show that she has suffered an ascertainable loss as a result of the defendant's unlawful commercial practice. See N.J.S.A. 56:8-19.
The Court has already determined that plaintiff has failed to create a triable issue that she relied to her detriment on Cherry Hill's incomplete warranty disclosure. Because this determination applies with equal force to plaintiff's NJCFA claim, the question becomes whether plaintiff may establish that she suffered an "ascertainable loss" despite having failed to show detrimental reliance.
Plaintiff argues that "ascertainable loss" under NJCFA is a broader concept that "actual damages" under TILA. (See Pl. Opp'n Br. at 11-12.) Whereas the statutory damages provision allows TILA to deter wrongful conduct even without a showing detrimental reliance, plaintiff argues that the NJCFA would lose its deterrent effect if merchants had no risk of liability unless the consumer could establish actual harm. As the Court understands plaintiff's argument, all plaintiff must do in order to recover damages under the NJCFA is show that there was an offensive commercial practice, that the plaintiff suffered a loss, and that there is a nexus between the two. *fn4
Although the law in this area is not completely settled, this Court will not adopt plaintiff's overly broad interpretation of what constitutes an ascertainable loss under NJCFA. Based on the plain meaning of the statute and relevant case law, the NJCFA still requires a plaintiff to bear the ultimate burden of showing a causal link between the offending practice and the claimed loss, with the amount of ascertainable loss to be demonstrated to a reasonable degree of certainty, as discussed below.
The fact that NJCFA uses slightly different terminology than TILA does not lift from a plaintiff the burden of showing that the offensive practice caused her harm. The text of the statute states that a plaintiff is entitled to treble damages when she has suffered an ascertainable loss "as a result of" the unlawful practice. This language clearly requires a showing of cause and effect.
New Jersey's courts have interpreted the NJCFA as requiring a causal link between the practice and the harm. The New Jersey Supreme Court has stated that in order to recover damages under NJCFA, a plaintiff must "prove that the unlawful consumer fraud caused his loss." Cox v. Sears Roebuck & Co., 138 N.J. 2, 23 (1994). Even though a plaintiff need not actually expend a sum of money as a result of defendant's unlawful consumer practice in order to demonstrate a loss, the loss still must be established with a reasonable degree of certainty. Id. at 22. There must be a causal relationship between the ascertainable loss and the unlawful practice. Roberts v. Cowgill, 316 N.J. Super. 33, 41 (App. Div. 1998).
The Appellate Division has recognized that, where the offensive practice is a knowing omission, it may be difficult for a plaintiff to establish that the defendant's incomplete representation caused a loss. Thus, in the case of a knowing omission, there should be a presumption of reliance. Vacarallo v. Mass Mut. Life Ins. Co., 332 N.J. 31, 49-50 (App. Div. 2000). This presumption recognizes that it is often difficult for a plaintiff to establish after the fact that she would have behaved differently had she received more complete information. In the absence of evidence to the contrary, it will be presumed that the misrepresentation was relied on. Id. at 50 (quoting Affiliated Ute Citizens of Utah v. United States, 406 U.S. 128, 154 (1972)). Once the plaintiff makes a preliminary showing of causation in fact (i.e., that defendant knowingly omitted facts), "the burden then shifts to the defendant to prove `that even if the information were disclosed, the plaintiff would not have acted differently.'" Id. (citing Zobrist v. Coal-X, Inc., 708 F.2d 1511, 1520 (10th Cir. 1983)).
If the defendant comes forward with evidence rebutting the presumption of causation, this burden shifting framework creates a distinct possibility that even though a plaintiff has established that a fraudulent consumer practice took place, he still might be precluded from recovering treble damages under the Act because of a lack of evidence that the practice caused an ascertainable loss. See Feinberg v. Red Bank Volvo, Inc., 331 N.J. Super. 506, 511 (App. Div. 2000) ("One aspect of the philosophy behind the statute's trebling feature is to compensate fully a party who is unable to obtain redress without resort to the courts. One should not be able to obtain treble damages . . . if there has not even been a prior demand to be made whole.")
In this case, although the defendant has violated NJCFA by failing to state completely the price term of the MBP warranty, the plaintiff has failed to adduce any evidence tending to show that she suffered an ascertainable loss as a result of defendant's misrepresentation. As the Court noted in connection with the TILA claim, plaintiff has failed her burden of marshaling facts showing that (1) she would have sought a cheaper warranty, and (2) that she would have succeeded in her quest. Plaintiff thus has failed to create a triable issue that she suffered an ascertainable loss as a result of Cherry Hill's NJCFA violation, and plaintiff's demand for damages under that Act will be stricken. *fn5
For the reasons discussed herein, the Court will grant the parties' cross-motions in part and will deny them in part. Plaintiff's motion for partial summary judgment will be granted to the extent that it seeks to establish as a matter of law that defendant violated TILA and NJCFA, but is otherwise denied. Defendant's motion for partial summary judgment is granted in part, and the Court will strike plaintiff's demand for actual damages under TILA, and for damages under NJCFA. Defendant's motion is otherwise denied. This case shall be set for trial for determination of the proper award of TILA statutory damages owing plaintiff and the class on Count One, and for determination of the merits of and plaintiff's Count Three. After trial plaintiff will be permitted to move for reasonable attorneys' fees and costs in accordance with 15 U.S.C. § 1640(a)(3), as well as in accordance with NJCFA if appropriate.
THIS MATTER having come before the Court on the parties' cross-motions for partial summary judgment [Docket Entry Nos. 117, 118 & 120], and the Court having considered the parties' submissions, and for the reasons discussed in today's Opinion;
IT IS this 29th day of August, 2001, hereby ORDERED AS FOLLOWS:
1. Plaintiff's motion for summary judgment is GRANTED to the extent that plaintiff requests that the Court find that defendant's conduct violated TILA and NJCFA as a matter of law;
2. PARTIAL SUMMARY JUDGMENT IS ENTERED against defendant on Counts One and Two insofar as defendant's conduct violated TILA and NJCFA, and insofar as plaintiff is entitled to receive an award of statutory damages under TILA in a sum to be determined after trial;
3. Plaintiff's motion is otherwise DENIED; and
4. Defendant's motion is GRANTED to the extent that it seeks an Order striking plaintiff's demand for "actual damages" under TILA, and striking plaintiff's entire demand for damages under NJCFA;
5. Plaintiff's demand for actual damages under TILA, and all damages under NJCFA are hereby STRICKEN;
6. Defendant's motion is otherwise DENIED;
7. This case shall be set for trial for determination of the proper award of TILA statutory damages owing plaintiff and the Class on Count One, and for determination of the merits of plaintiff's claim on Count Three. After trial plaintiff will be permitted to move for reasonable attorneys' fees and costs in accordance with 15 U.S.C. § 1640(a)(3), and also in accordance with NJCFA if appropriate as to Count Two, and in accordance with NJCFA if plaintiff prevails on Count Three.
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Emergency, reactive and pre-planned plumbing and drainage, 24/7. Domestic and Commercial trade welcome.
Welcome to Linkhorn Plumbing and Heating Limited. We are a family run business, based in Horndean, Hampshire, and have been trading since 2009. We cater for customers throughout Hampshire,...
Fully insured and qualified plumbing and drainage specialist based in Hampshire with over 11 years experience. 24/7 service offered including emergency works, free estimates and quotations.
Welcome to Plumb Crazy!We are a friendly, family run business who has been operating for 15 years and specialise in Property Maintenance and Refurbishments. We carry out full Bathroom...
Over 10 years experience and fully Gas Safe Certified. We offer a honest opinion and a reliable service with competitive pricing without compromising on quality and results.
At JSH Services we pride our business on a very high standard of quality and customer service. Whilst we guarantee to have the lowest prices we also guarantee the best service.
The company was founded in 2010. We cover all areas of the plumbing and building industry, therefore you only need to deal with one company rather than multi companies to deal with one job....
Gas boilers, Central Heating and Powerflushing is our speciality. We are based in the Waterlooville area and we cover most of Hampshire.
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Cheap hotels in Bruggen
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Burgwall 15
0.4 km from city center
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Saturday 10Min 7 °CMax 9 °C
Sunday 11Min 4 °CMax 9 °C
Monday 12Min 0 °CMax 8 °C
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DEFINITION of 'Treasurer's Draft'
A type of bank draft that is payable through a designated bank. Treasurer's drafts are drawn from the issuer's own account. The designated bank does not verify either the signature or the endorsement of the check.
BREAKING DOWN 'Treasurer's Draft'
It is the issuing bank's responsibility to verify signature and endorsement on a Treasurer's draft. Corporations often use these drafts to pay freight bills. Insurance companies also use them to settle claims.


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Frogger Releases (Game Boy Color)
Published by
Developed by
Also For
Android, Apple II, Arcade, Atari 2600, Atari 5200, Atari 8-bit, BREW, ColecoVision, Commodore 64, Dragon 32/64, Game Boy, Genesis, Intellivision, iPad, iPhone, J2ME, Macintosh, MSX, Odyssey 2, PC-6001, PC Booter, SNES, TI-99/4A, Timex Sinclair 2068, Tomy Tutor, TRS-80, TRS-80 CoCo, VIC-20, Windows Phone, ZX81 | Combined View
Critic Score
100 point score based on reviews from various critics.
User Score
5 point score based on user ratings.
Release dates, publisher and developer information for this game listed by platform:
Game Boy Color
Release dates and company information contributed by Игги Друге (44992)
Product codes contributed by chirinea (39039)


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Many people are uncomfortable with the words change and church being in the same sentence. Some people are comfortable with the way things are, and don't want anyone changing things up. Many Christians want things only done one way. Because of this many people have often come to blows over change in the church. Some want to change everything. Some want to change nothing. There must be balance. (And then there are others who are content doing nothing but sitting back and complaining.)
Actually, change is inevitable. In just the past 10 years, you and I have changed physically, emotionally and spiritually. Your hair has changed. Your weight has changed. Your furniture has been moved. You are probably driving a different car. You probably now carry a cellular phone that you didn't have 10 years ago. Your life and mine is full of changes. Not many things actually stay the same.
The same is true with the church. Change is inevitable. And for the church to grow and mature, it must change & make changes with the times. If we're not willing to change, we're not going to grow. But understand not all change is good. There are certain things that shouldn't ever change. Our problem is figuring out what we can change and what we shouldn't change. We sure don't want to all change in an area God doesn't want us to change. So what things are changeable and what things shouldn't be changed?
1. Things that are Changeless in the church…
- The Master is Changeless (Hebrews 13:8). Jesus should always be at the center of everything we do. Jesus needs to be the focus of the church. We need to strive to be like him, serve like him and love like him. Don't change Jesus.
- The Message is Changeless (John 3:16). Our message must be the gospel. The message must be that eternal life is available for everyone. Don't ever allow the message to change.
- The Mission is Changeless (Matthew 28:18-20). The great commission wasn't the great suggestion. It isn't an elective. Jesus said our mission is … go. Let's don't change the mission of the church.
2. Things that are Changeable in the church…
- Our Methods should Change (1 Corinthians 9:20-22). We can't always keep doing the same things the same way. I know that the Gospel Meetings of old that were used for reaching out to the community don't work here like they used to. So we've had to change our "methods" of outreach. We've replaced Gospel Meetings with Friends Day and other community outreach events. Don't be afraid to change methods for outreach, because the 7 last words of a dying church are, "We never did it that way before."
- Our Mindset should Change (Philippians 2:5). Our mindset needs to change to be more like Jesus' every day. Jesus was a giver and a servant, and that's the mindset we should have. Every person has a gift that God wants them to use to show others Christ. We need to become people who aren't afraid to wash feet and get our fingernails dirty. Our mindset is how we think, and we need to get off our rear-ends and be more servant oriented like our Savior. Don't be afraid to change your mindset.
- Our Ministries should Change (Acts 10:1-48). Who are you ministering to? Jesus ministered to those who no one else would. He ministered to the sinner, the tax collector, the prostitute and the less fortunate. How many times do we overlook the drug addict, the homeless and the divorcee to reach out to the new middle class family that moved into town? It's time we start looking for the ones that Jesus would look for. We definitely need to change our ministries.
It's been said there are 3 kinds of people in a church: Risk Takers, Care Takers and Undertakers.
- Risk-takers are willing to try something different to reach more people with the message of Jesus.
- Care-takers are just satisfied doing what they've always done. Don't stir the water and leave things just as they are.
- In the last 100 years more churches have closed than opened. We don't need more undertakers .
What kind of "taker" will you be? Hopefully someone who's not afraid of change. Hopefully you'll be a "risk-taker" for Jesus.


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Submit News
Quick Note: NYT Highlights "BlackBerry" Shame
Jason Mick
October 16, 2012 3:40 PM
Recipient E-mail
Sender E-mail
Meanwhile, RIM is convinced its users are still in love with it
Embattled Canadian phonemaker Research in Motion, Ltd.'s (TSE:RIM) new marketing chief, Frank Boulben, recently told reporters that his company's fans
are so in love with BlackBerry 10
that he doesn't even need to do much to promote it, simply relying on social media word of mouth. He comments, "The most natural thing to do from a marketing standpoint is to put that experience in the hands of our fans and let them do the marketing job, so to speak."
But such worship of RIM's vaporous,
oft delayed
flagship product seemed far from the minds of former loyal users interviewed in
a recent piece
The New York Times
. The newspaper reports that BlackBerry owners are increasingly feeling a sense of shame and frustration at their dated devices.
Comments Los Angeles sales representative Rachel Crosby, "I'm ashamed of it. I want to take a bat to it. You can't do anything with it. You're supposed to, but it's all a big lie."
Victoria Gossage, a 28-year-old hedge fund manager, recalls asking a concierge for a charger for her BlackBerry, bemoaning, "First he said, 'Sure.' Then he saw my phone and — in this disgusted tone — said, 'Oh no, no, not for that.' You get used to that kind of rejection."
Riding aboard the Rimdenberg appears to trigger shame.
[Image Source: Jason Mick/DailyTech LLC]
"I feel absolutely helpless. You're constantly watching people do all these things on their phones and all I have going for me is my family's group BBM chats."
Craig Robert Smith, a Los Angeles musician, comments, "BlackBerry users are like MySpace users. They probably still chat on AOL Instant Messenger."
Harsh. But not as harsh as Nick Mindel, a 26-year-old investment analyst, assessment of RIM's
odd attempt to serenade developers
. He opines, "This is the sign of a desperate company."
Of course the article is all a house of anecdotal cards, but its nearly impossible to report on mobile news without getting the overwhelming feeling that next to no one really wants a BlackBerry these days.
The editors over at
took offense to the
article and
decided to poll their own readers
. So far, nearly 24 percent of their respondents are "embarrassed" by their BlackBerry.
So is BB10 really "marketing itself"? You be the judge of that.
"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke
Related Articles
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September 26, 2012, 11:11 AM
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July 10, 2012, 1:51 PM
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Stuck on your essay?
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2 Pages
Islamic Critique of Modern American Society
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Pages: 2
Word Count: 885
Category: Sociology
Word Count: 885
Pages: 2
Islamic Critique of Modern American Society What would Mohammad have said if he visited America today Would he have nice things to say about the way Americans live or would he be disappointed when he saw our way of life Would he be impressed with our technological wonders things like computers sky scrapers and shiny cars How would he have felt about how much emphasis our culture put on money What would he say about how we treat our women These are questions that a person must ask when they try to focus on our culture from an Islamic point of view Mohammads teachings are an integral part of the way Islamic people view the world and how they live His teachings are the basis of Islam He emphasized harmony with ones environment charity modesty and the struggle of keeping God as the number one factor in a persons life The beliefs in all of these ideals are the cornerstones of Islam and are the reason that if Mohammad was here today I believe he would have a rather unfavorable view of the way Americans live This is the reason why the religion that follows his teachings in recent times has clashed with Westerners We dont make the five pillars of Islam part of our day-to-day life and because of this fact our society is lacking in many ways Take for example our consumer culture and its emphasis on possession In America were taught that were only happy if we have lots of possessions Too many people in our society feel like having the most stuff means that you have the most happiness We need to have fancy cars huge houses and lots of money to be happyIslam would look at this trend and scoff How can a person be happy when they are focusing on the superficial Happiness in a persons life comes from Allah He is everything Allah is unity
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text:
Teddy Bear is my 2 year old Pomeranian and was a gift from a friend. He follows me around the house all day and takes a nap on the king size bed with me at noon.
By Janet from Cave Creek, Az.
He looks like a very happy and healthy doggy boy.
Darling!! Nice smile too! Looks like he enjoyed posing for the picture. Very cute!
Could that dog be any cuter?
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
Don't panic, but there could be a global shortage of prosecco on the horizon
The grave message came from a producer of the beloved drink, who said our thirst for the sparkling wine could drain suppliers dry
Photo: Tristan Ferne / CC-BY-SA 2.0 / adapted / Flickr: tristanf
It's time to hold onto your mimosas and pray this is nothing but a rumour because prosecco manufacturers have warned that this summer could be very dry.
According to Robert Cremonese, the export manager of Italian prosecco producer Bisol, our global thirst for the fizz has left stocks drastically down.
He told The Drinks Business: "Last year's harvest was very poor, and down by up to 50% in some parts, so there is a very real possibility of a global shortage."
As well as the poor harvest and high demand, Cremonese says that many négociants (a French term for a wine merchant) are holding onto their prosecco, using the shortage as "an opportunity to put prices up" which has added to the problem. Although, he admits the full scale of this is unlikely to be fully evident until August when brokers release their stock.
He added: "It might turn out that some of them have no fizz left but we'll have to wait and see."
Let's just calm ourselves and wait for confirmation – but buy up in bulk in the meantime and make these fabulous fizz cocktails, just in case.
And. Breathe.
Gif: I Love Lucy / Desilu Productions / giphy.com
Just add: raspberries, mint and lime
Otherwise known as summer in a glass, this a real fruity cooler.
Just add: hibiscus
Simple and oh-so elegant: put a hibiscus flower with a teaspoon of its syrup in the bottom of a glass and pour in your bubbly. Don't throw away the flower mind, as it adds a raspberry and rhubarb taste.
Photo: Kissesandcake.com.au
Just add: orange juice and liqueur
Brunch without a mimosa is like a bacon sarnie without the ketchup: just wrong.
Photo: Shewearsmanyhats.com
Just add: raspberries, sugar, lemon and elderflower
A twist on the classic French 77 cocktail, try swapping out gin for some elderflower cordial or liqueur.
Photo: Agirlandherhome.com


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Mediaplexs MOJO platform provides a comprehensive interactive marketing solution to serve. Mediaplex is the technology services division of ValueClick, Inc.
TradeTracker offers online advertisers (merchants) and publishers (affiliates) the possibility to develop and/or optimise online marketing and sales activities on ...
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Mediaplex is leading in most countries, including United States, United Kingdom, France, India and 97 other countries.
TradeTracker is leading in Netherlands, Hungary, Finland, Belgium and 31 other countries.


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How can an ascent to the top of Everest help to save lives in intensive care? This week we're exploring physiology at the extremes: altitude, depth and cold. How does the human body adapt and cope under these conditions? Also, news of improved gene therapy techniques for sight-loss disorders, when do babies become sympathetic, how to cloak your cat (or goldfish), and have scientists discovered the remains of the Tunguska meteorite that smashed into Siberia in 1908?
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Epic RPG Shooter.
Choose between Paladin , Ranger and Fire Mage to fight forces of evil.
You are hired as a captain of elite mercenary squad to accomplish different tasks in the empire. Use your skills wisely in battle to achieve victory.
Either scripts and active content are not permitted to run or Adobe Flash Player version
13.0.0 or greater is not installed.
use W,A,S,D and mouse first to Fire
Is this game not working? Any suggestions? Send your comments.


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Login/Create Account
Check Out the new Remax App
Ask About This Home
This wonderful & well-built 3 BR, 2.5 bath Red Hook Town House is the perfect family or weekend home. There are open spacious rooms including a great K, separate breakfast & dining rooms, a nice LR, & an outstanding, vaulted MBR suite with a separate tub & shower & huge walk in closet room. This home has oil BB heat, central air conditioning & wonderful light. There are abundant closets & storage including a complete basement that can be finished. The 18 hole golf course is steps away as is a wonderful restaurant. The homeowner's fees are low & take care of outdoor maintenance winter & summer. Red Hook & Rhinebeck Villages are close by as is BARD, AMTRAK, & OMEGA. This home is immaculate, move-in ready, & can close quickly.


text:
Goa Shipyard Limited invites application from eligible candidates for recruitment of Assistant Superintendent, and Office Assistant.
Important Dates:
- Starting Date to Apply Online: 05-January-2015
- Last Date to Apply Online: 12-January-2015
- Last Date for Receipt of Hard copy of Application: 28-January-2015
Name of the Posts along with Number of Vacancies:
- Assistant Superintendent (Finance): 06 Posts
- Office Assistant (Finance): 02 Posts
Upper Age Limit as on 31-December-2014:
- Assistant Superintendent (Finance): 30 years for Unreserved candidates, 33 years for OBC category candidates, 35 years for SC/ ST category candidates
- Office Assistant (Finance): 28 years for Unreserved candidates, 31 years for OBC category candidates
Educational Qualification:
- Assistant Superintendent (Finance): Candidate should have completed minimum Intermediate examination from the Institute of Charted Accountants of India or Institute of Cost Accountants of India, and have minimum 2 years of experiences.
- Office Assistant (Finance): Candidate should have completed Degree in any discipline with typing speed of 30 wpm either on computer or typewriter with one year certificate course in computer application and one year on the job training in Goa Shipyard Limited or minimum one year experience in the line.
Pay Scale:
- Assistant Superintendent (Finance): Rs. 9300-3%-23300/- and other benefits as per company norms
- Office Assistant (Finance): Rs.6200-3%-20270/- and other benefits as per company norms
Processing Fee: Rs. 100/-
- Candidates can submit the fee in form Demand Draft in favour of Goa Shipyard Limited, payable at Vasco-da-Gama.
- SC/ ST /PWD/ Ex-Servicemen candidates are exempted from payment of processing fee.
Mode of Selection: Selection will be made on the basis of written test, and Interview.
How to Apply: Apply Online Here
Eligible candidates may apply online through official website of Goa Shipyard Limited, www.goashipyard.co.in
Candidates must take printout of completed application, and send the same along with requested Demand Draft, and other required documents/ certificates as suggested in official advertisement by post to
The Chief General Manager (HR&A), Dr. B.R. Ambedkar Bhavan, Goa Shipyard Limited, Vasco-Da-Gama, goa-403802
For more detail on this recruitment please refer to official recruitment advertisement from Goa Shipyard Limited, here, http://career.goashipyard.co.in/WriteData/142015102040AMAdvt%2001%20of%202015.pdf
Is this Sarkari Job is not relevant to your Qualification/ Experience/ Sector/ Company/ Location you want to work with; You can find All Education/ Experience/ Sector/ Company/ Location Latest Government Jobs Advertisement from Public Sector Units. Employment News - Explore your career opportunity. strong>


text:
Having unnecessary fat in different locations of your body can have a significant effect on your health and self-confidence. While standard weight loss through workout and diet is a fantastic method to slim down in general, even the very best exercises can't target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time checked treatment that is used to get rid of excess fat from specific areas of the body, permitting a specific to form and contour their body to their taste. Is liposuction right for you? Find out now.
Pros of Liposuction
There are numerous advantages to this cosmetic treatment, consisting of:
• Right away noticeable changes. Unlike conventional weight reduction, liposuction develops modifications that are immediately visible in the body. Some distinction is visible immediately, and the desired results are usually attained in just a few days.
• Proven and safe. This cosmetic treatment has been carried out by seasoned cosmetic surgeons all over the world for many years and the method has actually been improved over and again to be safe and effective.
• Recovery time is generally fast. The downtime needed after having this type of procedure is usually much less than exactly what is needed for other types of cosmetic procedures, consisting of abdominoplasty, breast reduction, and more. People who have had the treatment can typically return to work a lot more quickly than they anticipated and can get back to living a healthy, active lifestyle.• Weight-loss can be long-term. With the right maintenance strategies, the fat that was gotten rid of throughout the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond exactly what standard diet and exercise can provide. Giving individuals this power over their bodies enhances self-confidence and assistance people feel their best.
While there are numerous advantages to liposuction, there are of course a couple of caveats that need to be considered before making the decision to move forward with the procedure.
Cons of Liposuction
Before having liposuction done, it's important to examine the prospective drawbacks of the treatment and identify if the benefits outweigh the risks in your specific case. Your specialist can help you learn more about the risks related to the procedure and can assist you choose if moving forward is the best thing for you.
• Complications with basic anesthesia. Because liposuction is performed under basic anesthesia, the procedure brings the same risks as other kind of surgical treatment where basic anesthesia is used. Underlying medical conditions might enhance these dangers.
• Negative reactions. Bruising, bleeding, and discomfort are all to be anticipated, however, in unusual cases can cause more considerable problems.
• The potential to gain the weight back. After having liposuction done, it is crucial to keep a healthy diet and workout appropriately as recommended by your physician. Failure to do so could cause gaining back the weight that was lost or possibly much more.
Although there are risks associated with liposuction, for many individuals, the advantages far surpass them. Educate yourself about the treatment by having thorough discussions with your cosmetic surgeon and consider how liposuction has the prospective to affect you as a special individual. Just you and your specialist can figure out if liposuction will offer you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Lake Hopatcong NJ
Laser liposuction is a newer, minimally invasive procedure that includes heating the fat cells to melting point and removing the melted fat through a little cannula. The procedure is typically done right in your doctor's workplace and is an excellent option for individuals who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary treatment to weight loss in order to sculpt the body you've constantly wanted.
Contact a Cosmetic surgeon in your Lake Hopatcong NJ today.
If you're thinking about liposuction as a weight-loss option, it's important that you discuss your desires with a certified cosmetic surgeon in your area. Your cosmetic surgeon will carry out a complete test and health history survey to determine if liposuction can benefit you and assist you reach your physical and emotional objectives. Call today for an assessment and learn more about how liposuction can assist you attain the body of your dreams.