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text: VA: Fire ! Rockele LP (1984, Radio Alsace) • Pop New Wave Dance • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Facebook Twitter Google+ Pinterest Hide/Show Album Info Rare compilation with two tracks each by five obscure French bands. Someone on discogs wrote, "Industrial/Wave/EBM bands from Alsace, north east of France." However, this is a very bogus statement obviously written by someone trying to sell this record for some $$$$. There are two great cold wave tracks on here by one band -> Fizzy Scalps, the rest of the material is pretty terrible pop/rock/reggae if you ask me. Since this is the case, I put two separate files to download... you can download the entire album (to hear why this one has got 4 5/5's on discogs)... or you can simply grab the Fizzy Scalps tracks (the only listenable tracks in my opinion). Check out the songs below via youtube, and there is another video you can look up on youtube of the band covering New Order's "Procession" if interested. (Looking at the credits there, one member might have been later involved in Anechoic Chamber).[b][/b][/b][b]VA: Fire ! Rockele LP (1984, Radio Alsace)[/b]01. Têtes Brulées - Ma Fille N'est Pas Jolie02. Fizzy Scalps - Quand Le Temps Passe03. Bibo Mambo - Les Potins Du Cosmos04. Drinks - Gone To Africa05. Dubs - Woman06. Dubs - Work07. Drinks - Shallow Boy08. Bibo Mambo - Pauvre Billy09. Têtes Brulées - Voilà L'amour10. Fizzy Scalps - Il Y A Longtemps The album is currently available for download only with a Premium account. To get a premium account, click here pass: kentuckyfriedwave #tags Fire, Rockele, Radio, Alsace The album code is : ODI2163941 You may also like ... VA: Scream Volumes 2 + 3 LPs (1984-5, Thirsty Ear Communications, Inc.) VA: Scream ... Fizzy Soup - Wood Room (2014) Fizzy Soup ... The Rain - Love, Lies & Anxiety Attacks K7 (1991, Deception Records) The Rain - ... Phantom Forth + This Is Heaven - Rare Tracks Phantom ... Fiat Lux - Fac Ut Vivas [Rare 1984 New Wave] Fiat Lux - ... Fizzy - Secretary love ( extended Vocal '84 ) Fizzy -

subset: commoncrawl


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United States District Court, Third Circuit
June 18, 2013
PHILIP E. HAHN, Plaintiff,v.UNITED STATES DEPARTMENT OF COMMERCE, et al., Defendants.
ESTHER SALAS, District Judge.
I. Introduction
Before the Court is a motion to dismiss Plaintiff Philip E. Hahn's ("Plaintiff" or "Hahn") Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (D.E. No. 89). The Court has considered the unopposed motion, and decides the matter without oral argument pursuant to Federal Rule of Civil Procedure 78(b). This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331 and 1343(a)(3), as well as 42 U.S.C. § 1983. For the reasons set forth below, Defendants Borough of Tenafly ("Tenafly") and Thomas B. Hanrahan's ("Hanhrahan") motion to dismiss is GRANTED.
II. Background[1]
This matter arises from Plaintiff's temporary psychiatric commitment to the Bergen Regional Medical Center and the litigation that ensued. Hahn v. U.S. Dep't of Commerce, No. 11-6369, 2012 WL 3961739, at *1 (D.N.J. Sept. 10, 2012) ("Prior Opinion").[2] The crux of Plaintiff's Complaint, while essentially devoid of factual allegations, is that Plaintiff was denied his legal right to a trial by jury in the state court proceedings.[3] (Compl., D.E. No. 1). This general allegation led to the present motion, wherein the attorney and law firm who filed and argued motions seeking dismissal of Plaintiff's state court complaint and the municipality that oversees the police department that engaged a mental health screening facility, seek dismissal of the federal action. (Defs. Tenafly & Hahnrahan's Br. in Support of Their Motion to Dismiss Pl.'s Compl. 1-4 ("Defs. Br."), D.E. No. 89-1).
This Court now decides Tenafly and Hanrahan's motion to dismiss.
III. Legal Standards
A. Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(1)
A motion to dismiss pursuant to Rule 12(b)(1) challenges the existence of a federal court's subject matter jurisdiction. "When subject matter jurisdiction is challenged under Rule 12(b)(1), the plaintiff must bear the burden of persuasion." Symczyk v. Genesis Health Care Corp., 656 F.3d 189, 191 n.4 (3d Cir. 2011). In considering a Rule 12(b)(1) motion, "the district court may not presume the truthfulness of plaintiff's allegations, but rather must evaluat[e] for itself the merits of [the] jurisdictional claims." Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005) (internal citation & quotation marks omitted).
B. Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(6)
Federal Rule of Civil Procedure 8(a)(2) requires a complaint to set forth "a short and plain statement of the claim showing that a pleader is entitled to relief." The pleading standard announced by Rule 8 does not require detailed factual allegations; it does, however, demand "more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citation omitted). In addition, the plaintiff's short and plain statement of the claim must "give the defendant[s] fair notice of what the... claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). For a complaint to survive dismissal, it "must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 570). A claim has facial plausibility when "the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (internal citation omitted).
In evaluating the sufficiency of a complaint, a court must accept all well-pleaded factual allegations contained in the complaint as true and draw all reasonable inferences in favor of the non-moving party. See Phillips v. Cnty. of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008). But, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions, " and "[a] pleading that offers labels and conclusions' or a formulaic recitation of the elements of a cause of action will not do.'" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). Furthermore, "[when] deciding a Rule 12(b)(6) motion, a court must consider only the complaint, exhibits attached [thereto], matters of the public record, as well as undisputedly authentic documents if the complainant's claims are based upon these documents." Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2011).
"[I]f a complaint is subject to a Rule 12(b)(6) dismissal, a district court must permit a curative amendment unless such an amendment would be inequitable or futile." Phillips, 515 F.3d at 245; see also Ray v. First Nat'l Bank of Omaha, 413 F.Appx. 427, 430 (3d Cir. 2011) ("A district court should not dismiss a pro se complaint without allowing the plaintiff an opportunity to amend his complaint unless an amendment would be inequitable or futile."). Furthermore, in ruling on the present motion, the Court "must construe [Plaintiff's] complaint liberally as he is proceeding pro se." Huertas v. Galaxy Asset Mgmt., 641 F.3d 28, 32 (3d Cir. 2011) (citing Erickson v. Pardus, 551 U.S. 89, 94 (2007)).
IV. Analysis[4]
A. Thomas B. Hanrahan
Hahn seeks relief from Thomas B. Hanrahan Esq. and Thomas B. Hanrahan & Associates ("Hanrahan Defendants"), a lawyer and law firm, who allegedly deprived the Plaintiff of his right to a trial by jury. (Compl. 56-61, ¶¶ 184-215).[5] Thus, the Court must determine whether Plaintiff may utilize § 1983 to sue the firm for allegedly "allow[ing] incompetent attorneys to argue in the Bergen Superior Court and Appellate Court of New Jersey causing the plaintiff to... be denied his right to a trial by jury in the matters of BER-L-3935-09 and A-738-10, " ( id. 56, ¶ 184), as well as the lawyers who, while representing their client, filed motions seeking dismissal of Plaintiff's state-court complaints, argued those motions when requested by the court, deprived Plaintiff of his filing fees for actions, and opposed Plaintiff's appeals, ( see, e.g., id. 56 ¶ 188; 57 ¶ 189; 59 ¶ 202; 60 ¶¶ 209-10; 61 ¶¶ 212-14).
In light of these allegations, the Court now concludes that Plaintiff has failed to state a claim for which he is entitled to relief for the following two reasons. First, "[a]ttorneys performing their traditional functions will not be considered state actors solely on the basis of their positions as officers of the court." Angelico v. Lehigh Valley Hosp., Inc., 184 F.3d 268, 277 (3d Cir. 1999) (emphasis added). The Court finds that the Hanrahan Defendants in this case were performing their traditional functions as zealous advocates. The Hanrahan Defendants filed motions on behalf of their client and argued those motions before courts of competent jurisdiction. Therefore, the Court will not consider Hanrahan Defendants to be state actors. Consequently, because a violation under § 1983 requires state action, Plaintiff's claims against the Hanrahan Defendants fail as a matter of law. See Groman v. Twp. of Manalapan, 47 F.3d 628, 638 (3d Cir. 1995).
Notwithstanding the Court's first reason, the Court also holds that the Hanrahan Defendants are immune from suit under New Jersey's litigation privilege. New Jersey recognizes an "absolute litigation privilege, " Roggio v. McElroy, Deutch, Mulvaney, & Carpenter, 415 F.Appx. 432, 433 (3d Cir. 2011), which "is well-established and broadly applicable." Rickenbach v. Wells Fargo Bank, N.A., 635 F.Supp.2d 389, 401 (D.N.J. 2009) (internal citation omitted). The litigation privilege "immuniz[es] from liability statements made during the course of judicial, administrative, or legislative proceedings." Kersey v. Becton Dickinson & Co., 433 F.Appx. 105, 110 (3d Cir. 2011) (internal citation & quotation marks omitted). "The privilege applies to any communication (1) made in judicial or quasi-judicial proceedings; (2) by litigants or other participants authorized by law; (3) to achieve the objects of litigation; and (4) that have connection or logical relation to the action." Id. (internal citation & quotation marks omitted). Furthermore, "[t]he only limitation New Jersey places upon the privilege is that the statements at issue have some relation to the nature of the proceedings." Rabinowitz v. Wahrenberger, 406 N.J.Super. 126, 134 ( N.J.Super. Ct. A.D. 2009).
In light of the preceding discussion, the Court finds that Plaintiff's claims are barred by the New Jersey litigation privilege. First, all of the Hanrahan Defendants' communications were made in judicial proceedings. Second, the Hanrahan Defendants are lawyers who are authorized by law to make communications on behalf of their client. Third, the Hanrahan Defendants' communications were made to achieve the object of litigation-namely, to have claims filed against their client dismissed, and to have those dismissals affirmed. Finally, Hanrahan Defendants' communications had a direct connection to the action pending before the respective courts. Therefore, because each element is satisfied, the Court concludes that extending the litigation privilege to the Hanrahan Defendants is warranted.
Moreover, this Court notes that "[l]awyers... must be free to pursue the best course charted for their clients without the distraction of a vindictive lawsuit looming on the horizon." Loigman v. Twp. Comm. of Twp. of Middletown, 185 N.J. 566, 587-88 (N.J. 2006). This Court will "not allow the frightful specter of retributive civil actions against attorneys to paralyze them from exercising mundane trial duties on behalf of their clients." Id. at 589. Accordingly, Plaintiff's claims are barred, and the Court will dismiss the Hanrahan Defendants from this litigation with prejudice.
B. Borough of Tenafly
Plaintiff claims that "the Borough of Tenafly, did become liable via a title 42 U.S.C. 1983 [sic]... action when members of the Tenafly Police Department did falsely imprison the plaintiff on March 7, 2008" and by failing to provide proper training to the offending officers of the Tenafly Police Department. (Compl. 31, ¶¶ 6-8).
The Court finds that Plaintiff has failed to allege a viable cause of action under § 1983 for the following reasons. First, the Court finds that the doctrine of res judicata bars Plaintiff's claims against Tenafly.[6] "The doctrine of res judicata applies to federal civil actions brought under § 1983, and, in this context, we must afford a state-court judgment the same preclusive effect as would be given that judgment under the law of the State in which the judgment was rendered.'" Cycle Chem., Inc. v. Jackson, 465 F.Appx. 104, 109 (3d Cir. 2012) (quoting Jones v. Holvey, 29 F.3d 828, 829-30 (3d Cir. 1994)). Res judicata bars the relitigation of "matters actually determined in an earlier action, [and] to all relevant matters that could have been so determined." Watkins v. Resorts Int'l Hotel & Casino, Inc., 124 N.J. 398, 412 (N.J. 1991). "If, under various theories, a litigant seeks to remedy a single wrong, then that litigant should present all theories in the first action. Otherwise, theories not raised will be precluded in a later action.'" Cycle Chem., Inc., 465 F.Appx. at 109 (quoting Watkins, 124 N.J. at 412). "Under New Jersey law, res judicata applies when (1) the judgment in the first action is valid, final and on the merits; (2) there is identity of the parties, or the parties in the second action are in privity with those in the first action; and (3) the claim in the later action grows out of the same transaction or occurrence as the claim in the first action." Id. (internal citation & quotation marks omitted).
The Court concludes that each element has been satisfied. First, the judgments in the prior actions were valid, final, and on the merits. See Hahn v. Johnson & Johnson, Inc., 2011 WL 4529780 ( N.J.Super. A.D. Oct. 3, 2011). Second, identity of the parties exists because Hahn and Tenafly were involved in prior litigation.[7] Finally, there can be no question that Plaintiff's federal lawsuit, i.e., the later action, grows out of the same occurrence that led to the Plaintiff's earlier litigations-both litigations involved allegations that the Tenafly Police Department falsely imprisoned the Plaintiff on March 7, 2008. ( Compare Compl., Hahn v. Johnson & Johnson, Inc., No. L-3935-09 ("The Tenafly Police Department did falsely imprison the plaintiff at the Bergen Regional Medical Center on March 7, 2008.") (Ex. A to Cert. of Ruby Kumar-Thompson, Esq. in Support of Defs.' Mot. to Dismiss Pl.'s Compl.), with Compl. 31, ¶¶ 6-8 ("the Borough of Tenafly did become liable... when members of the Tenafly Police Department did falsely imprison the plaintiff on March 7, 2008), and Hahn, 2011 WL 4529780, at *1 ("To summarize, in connection with his temporary psychiatric commitment to the Bergen Regional Medical Center [] in March 2008, plaintiff sued... the Tenafly [] police department[], [who was] involved... in telephoning a screening service.").
Plaintiff attempts to utilize § 1983 as a pretextual basis for this Court's jurisdiction. This Court is not so persuaded. Plaintiff is asking this Court to relitigate and decide matters in contravention of firmly-ingrained res judicata principles. Plaintiff has been afforded his day in court, during which he presented and argued his claims before a court of competent jurisdiction. To that end, this Court declines to relitigate matters growing out of the same transaction that formed the basis of Plaintiff's earlier state court litigations.
Second, Plaintiff's claims for false imprisonment against Tenafly are barred by the relevant statute of limitations. It is beyond cavil that claims for false imprisonment are governed by a two-year statute of limitations, which "accrues on the... date the false imprisonment ends." Pitman v. Ottehberg, No. 10-2538, 2011 WL 6935274, at *12 (D.N.J. Dec. 30, 2011) (citing Montgomery v. DeSimone, 159 F.3d 120, 126 (3d Cir. 1998) and Wallace v. Kato, 549 U.S. 384, 389-92 (2007)); see also Ross v. Twp. of Woodbridge, No. 09-1533, 2010 WL 1076275, at *3 (D.N.J. Mar. 23, 2010) ("Plaintiffs' false imprisonment claims... [are governed by a] two-year statute of limitations...."). In this case, although Plaintiff alleges that "the Borough of Tenafly did become liable... when members of the Tenafly Police Department did falsely imprison [him] on March 7, 2008, " Plaintiff's claim for false imprisonment began to accrue on March 17, 2008, i.e., the date his purported self-imprisonment ended. Hahn, 2011 WL 4529780, at *2. Thus, Plaintiff was required to file suit by March 17, 2010. Notwithstanding that fact, Plaintiff filed the present suit on October 31, 2011, which falls outside of the requisite two-year statutory period. Consequently, Plaintiff's claim for false imprisonment is time-barred.
Finally, Plaintiff's Complaint fails to comply with the pleading requirements imposed by Iqbal. Specifically, Plaintiff's assertions of alleged wrongdoing are conclusory statements, amounting to nothing "more than [] unadorned, the-defendant-unlawfully-harmed-me accusation[s]." See Iqbal, 556 U.S. at 678. Consequently, these "conclusory statements, do not suffice." See id.
The Court concludes that Plaintiff does not have a cognizable claim under § 1983. Furthermore, because any amendment would be futile, the Court dismisses Plaintiff's Complaint, as it relates to the Borough of Tenafly, with prejudice.
V. Conclusion[8]
For the foregoing reasons, Defendants' motion to dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted. An appropriate Order shall follow.
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Martha Bakes
Muffins and PopoversEpisode Guide »
Breakfasts and brunches call for homemade muffins or popovers. Martha makes her blueberry muffins two ways, flavored with a little spice or finished with a crumb topping. She then demonstrates how to make airy popovers, equally suited to serving with fresh blueberry preserves or savory creamed spinach.
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Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Jerry Gooze
(818) 425-6655
Email Agent
Jerry Gooze
(818) 425-6655
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Property Details**Fabulous 1-Story Curb Appeal with Upscale River-Rock & Brick Trim and Opulent Stone Concrete Drive-way!*Estate-sized 11,000+ sq.ft. lot on a Quiet Cul-de-sac in Affluent A-1 Neighborhood in Renowned Pomelo, Hale, El Camino Schools Area!*Enter Lovely Covered Walkway w Lovely Flowers to Double-door entry w Majestic Cactus Near-by!*Enter Lite, Brite, Open Floor Plan to Living Room w Lovely Marble Fireplace plus Recessed Lighting opening up to Generous Formal Dining Area, to Full-Service Kitchen w Upgraded S/S Appliances!*Family Room off Kitchen features Laminate Floors + Breakfast Bar!*Large Master Suite w Laminate Floors plus Master Bath w Tub & Shower, plus Walk-in Closet!*Adorable Kid's Bedrooms plus Hall Bath w Tub & Shower!*Huge Backyard to Die For features Extensive Stone & Brick Walkways + Grassy Areas plus a Unique Swimming Pond + Separate Spa w River-Rock Waterfall and Borders!*Large Covered Patio w BBQ to Die For w Built-in BBQ, Stove, Sink and Storage, plus Granite Counters and Dining Table!*Loads of Space!*Hurry! So much West Hills Home on Estate-sized Lot, in a Great Neighborhood with Top Schools for the money!**
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Additional Property InformationThis single family listing located at 7612 Atron Avenue, West Hills, CA has three bedrooms and two bathrooms. A contemporary style property, it is currently priced at $629,900.
Additional features include lawn, sprinkler system.
This property is presented by Jerry Gooze of Pinnacle Estate Properties, Inc. headquartered in California.


text:
1985 Chevrolet
Is it difficult to appear tough, stylish, custom-built, quick, and vintage all in one pickup? The answer would usually be yes, but this 1985 Chevrolet C/K does all that with ease!
The paint makes a great first impression. The metallic dark blue and silver two-tone has a premium appearance that even continues as you get up close and see the matching pinstripe where the two colors meet on the lower portion of the body, or on the hood. There are custom touches all around, including the chrome sport side mirrors, Euro-style taillights, and the rolled rear pan. Up front the big chrome bumper shines nicely against the upgraded HID headlights. And the boxy lines with the big blacked-out grille give this pickup a bit of a sinister side. This mean attitude is only heightened by the lowered stance on the large 20-inch REV wheels. But as much as this is a street-eating machine, it can still pull real truck duty. A spray-in bedliner means you get to be the coolest truck loading up at the lumber or hardware store on the weekends.
Inside this premium feeling continues the moment you open the door and lay eyes on the super comfy leather bench seat with suede inserts for individual comfort. In fact, the door panels, carpet, and dashboard all keep this dark attitude going with their deep black appearance. Power windows, power locks, sliding rear glass, and an AM/FM/CD stereo are there to keep everyone happy. But all you really need to do is slip behind the original-style steering wheel, turn the key, and see the Dakota Digital gauges start to glow in blue – that will get your heart racing every time.
Under the hood is a 383 stroker motor featuring a 400 crank as well as Lunati camshaft, lifters, and springs. Edelbrock provides the four-barrel carburetor, Performer RPM intake, and headers. If this sounds like a serious performance V8, just wait until you hear the rumble of the dual exhaust. But as much as this looks like it was built for the stop light grand prix, the versatility of this Chevy goes much deeper. It's a power steering pickup with a three-speed automatic transmission, front disc brakes, and a 3.73 rear end (good for power take-offs but geared so low you lose everyday drivability.) This means your cool Saturday night cruising pickup can easily be your highway cruiser, too.
This vintage pickup looks and sounds riotous, and even has the performance to back it up. Still, underneath it all, this wild child is wearing sensible shoes. The cherry on top is the affordable price. Call now!!
This vehicle is not currently in one of our showrooms. Please set up an appointment to view this car in person.
- Engine Type
- Gasoline
- Engine Size
- Transmission Type
- 3 Speed Automatic
- Transmission Spec
- Rear End
- 10 Bolt 3.73 Posi
- Body Or Basic Color
- Dark Blue
- Body Style
- Pickup Truck
- Doors
- 2
- Year
- 1985
- Make
- Chevrolet
- Model
- Silverado
- Miles
- 559 (Unknown)
- Interior Or Basic Color
- Black
- Seating Type
- Bench
- Seat Material
- Leather & Suede
- Shifter Type
- Column
- Center Console
- No


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January 27, 2011
MICHAEL NEILY, PLAINTIFF AND APPELLANT,v.MANHATTAN BEACH UNIFIED SCHOOL DISTRICT, DEFENDANT AND RESPONDENT.
APPEAL from a judgment of the Superior Court of Los Angeles County, David P. Yaffe, Judge. (Los Angeles County Super. Ct. No. BS122074)
A former school district employee filed a petition for writ of traditional mandate (Code Civ. Proc., § 1085) to compel the district to reinstate him as a high school baseball coach. The primary issue in this case is whether the district had a mandatory duty under the Education Code to classify the petitioner as a "probationary" employee and not, as it did, as a "temporary" employee. The issue interests the parties because a "probationary" employee is afforded more employment protections under the Code than is a "temporary" employee. The trial court ruled that the district had properly classified the petitioner as a temporary employee, and denied his petition. We affirm.
In January 2002, the Manhattan Beach Unified School District (the District) hired Michael Neily, a "certificated" teacher, as the varsity baseball coach at Mira Costa High School (MCHS). Beginning in January 2003, the District employed Neily as a full-time teacher in addition to his duties as MCHS's baseball coach. In June 2004, the District relieved Neily of his duties as a full-time teacher, but continued his employment as the baseball coach at MCHS. On June 15, 2009, MCHS's principal, Julie Ruisinger, advised Neily "of an intent to terminate his services" as the school's baseball coach.
On June 17 and 19, 2009, Neily submitted letters to the District indicating that the correspondences should be considered the initiation of a "grievance" against the District. On June 22, 2009, the District's deputy superintendent in charge of human resources, Janet Schwabe, informed Neily by letter that he was not permitted to file a grievance because he was not a member of the Manhattan Beach Unified Teachers Association. In the same letter, the District further stated that Neily had been employed as a " 'walk on coach,' " and as such, the District considered him to have been a " 'temporary athletic team coach' " within the meaning of California Code of Regulations, title 5, section 5590, subdivision (a). The District advised Neily that "[t]emporary employees -- including coaches" were employed by the District on a "year-to-year basis," and that they "serve[d] at the will of the principal and district." The District's letter closed by advising Neily that his "services to serve [sic] as the Mira Costa High School varsity boys baseball coach [were] not required for the 2009-2010 school year."
On August 10, 2009, Neily filed a verified petition for writ of traditional mandate. (Code Civ. Proc., § 1085.) Neily's petition alleged that the District had unlawfully classified him as a temporary employee, and that the District had a mandatory duty under the Education Code to classify him as either a probationary or substitute employee. Neily further alleged that, regardless of classification, the school year ended on June 18, 2009, and that the District did not notify him of termination until after June 18, 2009, meaning the notice of termination had been untimely under the Education Code.
On August 11, 2009, Neily filed a motion for judgment on his petition. Neily's evidence in support of his claims consisted entirely of his references to his own verified petition and the supporting exhibits attached to his petition, which established the facts summarized above. On September 8, 2009, the District filed its opposition to Neily's petition and motion. The District's evidence in opposition to Neily's petition consisted of a declaration from Deputy Superintendent Schwabe. Putting aside her statements of law and legal conclusions, Schwabe's declaration otherwise established the following facts: "Neily was released from his position as a full-time certificated employee of the District in June 2004. Thereafter, he became a . . . baseball coach only. . . . [¶] . . . [¶] Between June 2004 and June 2009, . . . Neily served as a . . . baseball coach only."*fn1
At trial on September 22, 2009, the trial court denied Neily's petition, ruling that a baseball coach is classified as a temporary employee under Education Code section 44919, subdivision (b), and that, as a temporary employee, Neily could be given notice of termination "at any time before the end of the school year." (Citing Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911, 918 (Kavanaugh).) The court then cited Education Code section 37200, which provides that the school year ends on the last day of June. It noted that Neily admitted he had been given notice of termination prior to June 30, 2009, all of which meant that notice of termination was timely.
On October 23, 2009, the trial court entered judgment denying Neily's petition for writ of traditional mandate.
Neily filed a timely notice of appeal.
I. Probationary or Temporary Employee Status
Neily contends the judgment must be reversed because it is predicated on the trial court's erroneous ruling that he was not a "probationary" employee. We disagree.
A. The Standard of Review; the Rules of Statutory Interpretation
Because Neily's appeal tasks us with the construction of statutes in the context of undisputed facts, we apply a de novo standard of review. (Shapiro v. Board of Directors (2005) 134 Cal.App.4th 170, 178.) The overriding principle governing the interpretation of a statute is to effectuate the Legislature's intent, which is determined as far as possible by examining the language of the statute, read as a whole. (California Teachers Assn. v. Governing Bd. of Golden Valley Unified School Dist. (2002) 98 Cal.App.4th 369, 375.) Where the words of a statute are free from ambiguity, we look no further to ascertain the meaning of the statute. (Ibid.) Where the words of a statute are susceptible to different meanings, we will consider matters such as context, the evils to be remedied, the history of the legislation, any other legislation upon the same subject, and public policy. (Id. at p. 376.) The various parts of a statute, or of a statutory scheme, must be harmonized by considering a particular clause or section in the context of the statutory framework as a whole. (Ibid.)
B. The Applicable Statutes and Regulations
Division 3 of title 2 of the Education Code (§ 35000 et seq.) governs the administration of local educational agencies involved in elementary and secondary education. Part 25 of division 3 of the Education Code (§ 44000 et seq.) governs "employees" of these local educational agencies. Chapter 4 of part 25 of division 3 of the Education Code (§ 44800 et seq.) governs the employment of "certificated" employees by such agencies, including the rights and duties of their certificated employees and the terms of their employment.
Broadly collated and summarized, the Education Code divides teachers into four classifications of employees: "permanent" and "probationary" employees are employed for a school year; "temporary" employees are hired as needed during a given semester or school year because a regular employee has been granted a long-term leave of absence or is experiencing a long-term illness; and "substitute" employees, who are employed from day to day to fill the position of a regular employee who is absent from service on a short term basis. At the core of the classification scheme is the tenet that a teacher's continuity of service should restrict a school district's power to terminate employment that it would otherwise ordinarily possess. (Santa Barbara Federation of Teachers v. Santa Barbara High Sch. Dist. (1977) 76 Cal.App.3d 223, 228; California Teachers Assn. v. Vallejo City Unified School Dist. (2007) 149 Cal.App.4th 135, 144.) More than one published case has described the Education Code sections governing the classification of employees with such terms as "complex and obscure" and internally "conflicting" with each other. (See, e.g., Santa Barbara Federation of Teachers v. Santa Barbara High Sch. Dist., supra, at p. 228; California Teachers Assn. v. Vallejo City Unified School Dist., supra, at p. 153.) We nonetheless must turn to the sections of the Education Code relevant to this case.*fn2
Section 44885.5, subdivision (b), provides that every certificated employee who has completed service as a probationary employee, and who is reelected and employed during the succeeding school year, "shall, upon re-election for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the district. [¶] The governing board shall notify the employee, on or before March 15 of the employee's last complete consecutive school year of probationary employment in a position requiring certification qualification . . . , of the decision to re-elect or not re-elect the employee for the next succeeding school year to this type of position. In the event the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year." (Italics added.)
Section 44915 provides that the governing board of a school district "shall classify as probationary employees, those persons employed in positions requiring certification qualifications for the school year, who have not been classified as permanent employees or as substitute employees." (Italics added.) Although section 44915 sets probationary status as the "default" classification for teachers (California Teachers Assn. v. Vallejo City Unified School Dist., supra, 149 Cal.App.4th at p. 143), it does not, as we observed above, and will discuss more fully below, prohibit a school district from classifying an employee as a temporary or as a substitute employee.
Section 44916 provides: "The classification [of an employee] shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new certificated employee of the school district shall receive a written statement indicating his [or her] employment status and the salary that he [or she] is to be paid. If a school district hires a certificated person as a temporary employee, the written statement [required by this section] shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the certificated employee shall be deemed to be a probationary employee of the school district, unless employed with permanent status." (Italics added.)
Section 44917 provides that the "governing boards of school districts shall classify as substitute employees those persons employed in positions requiring certification qualifications, to fill positions of regularly employed persons absent from service." It further provides: "Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a position requiring certification qualifications, be classified by the governing board as a probationary employee and the previous year's employment as a temporary employee shall be deemed one year's employment as a probationary employee for purposes of acquiring permanent status." (Italics added.)
Section 44918, subdivision (a), provides: "Any employee classified as a substitute or temporary employee, who serves during one school year for at least 75 percent of the number of days the regular schools of the district were maintained in that school year and has performed the duties normally required of a certificated employee of the school district, shall be deemed to have served a complete school year as a probationary employee if employed as a probationary employee for the following school year." (Italics added.)
Section 44919, subdivision (b), provides: "Governing boards shall classify as temporary employees persons, other than substitute employees, who are employed to serve in a limited assignment supervising athletic activities of pupils; provided, such assignment shall first be made available to teachers presently employed by the district. Service pursuant to this subdivision shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district." (Italics added.)*fn3
C. Analysis
Neily contends section 44916 imposed a mandatory duty on the District to classify him as a probationary employee, meaning the trial court should have granted his petition for writ of traditional mandate. To reach his desired end point, Neily argues that section 44916 prescribes the "timing and method" that a school district is mandated to follow in order to classify a person as a temporary employee, "along with the consequences for [a] failure to comply." More specifically, Neily argues that, because the District never provided him with a written statement that he was a temporary employee in accord with section 44916, it suffered a mandatory duty to classify him as a probationary employee. We disagree.
As we understand the Education Code's classification scheme, a school district may not classify a person as a temporary employee unless the position in which he or she is employed is "a position the law defines as temporary." (Bakersfield Elementary Teachers Assn. v. Bakersfield City School Dist. (2006) 145 Cal.App.4th 1260, 1277.) Neily's implicit argument in his current appeal is that there is one, mutually exclusive path to defining a position as temporary, namely, a school district must expressly indicate that the position is temporary in a written statement given to an employee in compliance with section 44916. The trial court did not accept Neily's argument, and neither do we.
In our view, there is a second path to defining a position as temporary, namely, a section of the Education Code expressly defines the position as temporary. Unfortunately for Neily, there is a section of the Education Code providing such a definition applicable to his case. Section 44919, subdivision (b), expressly and unambiguously provides that a school district "shall classify as temporary employees persons . . . who are employed to serve in a limited assignment supervising athletic activities of pupils." (Italics added.) Because there is no evidence in the record to dispute that the District employed Neily to serve in a limited assignment supervising athletic activities of pupils, Neily is incorrect that the District had a duty mandated by law to classify him as a probationary employee. To the extent Neily argues he performed the duties of a certificated teacher within his role as baseball coach, we simply do not see evidence in the record supporting his position. In short, we find that the more specific provision in section 44919, subdivision (b), controls over the more generally applicable provisions found in section 44916, given the facts in Neily's current case. California Code of Regulations, title 5, section 5590, subdivision (a), allows such a conclusion in providing that the term "temporary athletic team coach" is "applicable to a certificated employee who supervises or instructs interscholastic athletic activities in addition to his or her regular assignment." (Italics added.)
Our confidence in this "plain language" construction of the statutes is reinforced by the legislative history of section 44919, subdivision (b). In California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 645-648, the Supreme Court explained that section 44919, subdivision (b), was enacted in 1977, in an era of growing popularity of new athletics such as soccer and girls sports. And, because these new sports needed coaches that might come from outside the existing pool of school employees, there was a concern with the prospect of "temporary" employees, i.e., coaches, gaining probationary status based upon their service as coaches. To address that situation, the Legislature enacted section 44919, subdivision (b), to give school districts "more flexibility" when hiring coaches, without the problems that could arise in the event those coaches were classified as probationary employees, with potential rights to reemployment in positions that would not always be available the next school year. (Ibid.)
We also note that the myriad sections of the Education Code concerning situations when an employee's classifications will be "deemed" to have been transmuted from one classification to another (see, e.g., §§ 44885.5, 44917, 44918), all include language indicating that they apply when employees are employed in positions requiring"certification qualifications." This makes sense given the overriding principle that the classification system's goal is to protect teachers based on their continuity of service in the classroom. Because coaching positions may be filled by certificated or noncertificated employees, these sections are inapplicable to athletic team coach positions, and by inference, support the conclusion that a coaching position is not in the same field of play.
That brings us to Kavanaugh, supra, 29 Cal.4th 911. Kavanaugh, as does Neily's case, involved a dispute over whether an employee was a temporary or a probationary employee. The school district hired Kavanaugh to teach high school English for a full academic year, and may or may not have spoken to her that she would be classified as a temporary employee. Kavanaugh later filed a petition for writ of traditional mandate alleging that the district had a mandatory duty to classify her as a probationary employee pursuant to section 44916, because it had not provided her with a written statement that she was to be classified as a temporary employee. The trial court granted the petition, the Court of Appeal reversed, and the Supreme Court reversed the Court of Appeal. The Supreme Court's opinion confirmed that, unless a certificated employee receives written statement of his or her classification prior to the start of the school year, he or she shall be deemed classified as a probationary employee. (Kavanaugh, supra, at pp. 916-926.)
Neily argues that, because the District did not deliver written notification to him that he was a temporary employee each of the five years he served as an athletic coach, the law commands that he be classified as a probationary under section 44916, and in accord with Kavanaugh. For the reasons explained above, we do not agree. And we disagree with Neily that we are bound by Kavanaugh to rule in his favor. As the trial court noted, Neilly's case is not materially different from Kavanaugh, except that the teacher in Kavanaugh was employed to teach English whereas Neily was employed as a coach. The difference is one that results in a different result in Neily's case.
Section 44919, subdivision (b), is embedded in a series of sections governing the classification of employees as temporary, substitute or probationary employees, each of which, as noted above, refer to employment in positions requiring certification qualifications. Section 44919, subdivision (b), however, allows that an athletic coach does not require certification. The statutes thus inherently recognize that coaches stand in a position different than certificated employees in the classroom. This further suggests, in our view, that section 44916's written notice requirement does not apply in the coaching context. A person who is certificated by the California Teacher Credentialing Board, but who accepts a position which is defined as a temporary position, is not afforded the same job protections as a probationary employee simply by virtue of his or her certification.
Finally, we reject Neily's argument that the District employed him as a "certificated employee with teaching responsibilities," i.e., in a position requiring certification qualifications. The only evidence in the record supporting Neily's argument regarding "teaching responsibilities" is found in his verified petition in which he states that he was relieved of his duties as a full time teacher at MCHS in June 2004, but remained as the high school's head varsity baseball coach, "with sixth period teaching responsibilities." In denying Neily's petition, the trial court implicitly rejected this vague assertion. The trial court's finding makes sense because the evidence in the record otherwise overwhelmingly shows that Neily's sole duties after 2004 were in the role of a baseball coach. Although the District's use of the term "walk-on coach" is itself a meaningless term, the evidence established that Neily's responsibilities were as a "temporary athletic team coach," and not a teacher in a position requiring certification.
Because substantial evidence supports the conclusion that the District employed Neily as a "temporary athletic team coach" at the time of his termination in June 2009, he was not entitled to the specified protections afforded under the Education Code to a "probationary" certificated teacher.
II. The Notice of Termination Was Timely
Section 44954, subdivision (b), required the District to give Neily notice of termination as a temporary employee "before the end of the school year." Neily contends the judgment must be reversed because, even in the event he was a temporary employee, the District's notice of termination was untimely. More specifically, Neily argues the end of the school year at MCHS was June 18, 2009, the last day students were in session, and that the District did not provide him with notice of termination until June 22, 2009. We see no error.
Neily correctly cites the time requirement for notice of termination prescribed by section 44954, subdivision (b), but his abstractly correct rule does not mean that his argument prevails. Section 37200 defines a "school year" as beginning on July 1 and ending on June 30. A school year does not end on the last day that students and teachers are in their classrooms, it ends on June 30. Inasmuch as Neily acknowledges that he received notice of termination on June 22, 2009, the District did not violate the time requirement prescribed by section 44954, subdivision (b).
Neily's reliance on McKee v. Commission on Professional Competence (1981) 114 Cal.App.3d 718, in support of his alternative definition of the "end of the school year" is misplaced. In McKee, "[t]he sole issue of import" before Division Four of our court was the interpretation of former section 44938 dealing with disciplinary matters. Former section 44938 required a school district to notify a teacher "during the preceding term or half school year" of his or her unprofessional conduct or incompetency in order to allow the teacher time to "correct his [or her] faults and overcome the grounds for such charge." (McKee, at p. 721.) In the context of a possible discipline charge, and the grant of an opportunity to correct faults, Division Four ruled that the "half school year" warning time only made sense in relationship to an "academic school year," not a "fiscal school year." In our view, McKee is limited to its context, and has no application where a decision to terminate employment does not involve potential charges and granting an employee an opportunity for correcting his or her faults. We see no reason not to apply section 37200 in the context of Neily's case.
The judgment is affirmed. Each party to bear their own costs on appeal.
We concur: RUBIN, J. FLIER, J.
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Support Migdal Ohr by purchasing letters in the Torah Scroll that will be written in honor of Rabbi Grossman's 70th Birthday.
Posted on: January 7th, 2016
Enter Alon and Rosana Miller, pillars of the West Valley Community for over 30 years and philanthropists who are known far and wide for their sincere, heartfelt generosity.
Posted on: December 28th, 2015
"I definitely owe most of my success so far to Dr. Jenny Isaacs of the Yeshiva College Psychology Department," said Nagel.
Posted on: October 14th, 2015
The president advised during the meeting that Hungary has committed over eight million dollars to the refurbishing of synagogues and cemeteries.
Posted on: September 18th, 2015
As all this was happening, three Jewish representatives of the U.S. armed forces were honored and saluted the flag as the National Anthem was sung.
Posted on: September 2nd, 2015
Though each member of Meira Academy's 2015 graduating class was accepted to a university, all of the girls have chosen to spend a gap year in Israel to attend seminary before they head to college.
Posted on: August 21st, 2015
Posted on: August 20th, 2015
A dedicated scholar, educator and mother, Dr. Lowy was the guiding light of TCLA since its inception and the entire Touro community mourns her passing.
Posted on: August 6th, 2015
On Tuesday, July 28, the first kosher food stand ever at Dodger Stadium opened. The stand is owned by Jeff Rohatiner, owner of Jeff's Gourmet located on Pico Blvd. Jeff's Kosher Hot Dog stand, located at the grill adjacent to Tommy Lasorda's Trattoria in the right-field plaza, will offer a kosher hot dog and a […]
Posted on: July 27th, 2015
Cantor Moti Boyer came from the East Coast to support the event.
Posted on: July 9th, 2015
Her passion for helping those less fortunate made her perfect for the position.
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We couldn't help noticing that the first transaction that took place when he came into the store included a customer buying The Jewish Press.
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Tal Dimenstein has been selected to present her ELI Talk about Appreciation during this year's conference in Chicago.
Posted on: May 15th, 2015
Ramsay, daughter of famed football coach Jack Ramsay, has served the City of Los Angeles for the past 15 years.
Rabbi Cohen is amongst an elite group of educators worldwide, collaborating with Apple on global education initiatives and embracing new opportunities to bring the freshest, most innovative ideas to students everywhere.
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Tuesday, February 03, 2015
St. Blaise and the blessing of the throats
Today, February 3, we commemorate St. Blaise, a physician and Bishop of Sebaste, Armenia in the 4th century. He lived in a cave on Mount Argeus and was a healer of men and animals. According to legend, sick animals would come to him on their own for help, but would never disturb him at prayer.
Agricola, the governor of Cappadocio, came to Sebaste to persecute Christians. His hunters discovered Blaise praying while seeking wild animals for the arena and arrested him as a Christian. Blaise was taken to prison, but on the way there he interceded to God on the behalf of a child who was choking to death on a fish bone. The child was cured, which led to the blessing of throats on Blaise's feast day.
Thrown into a lake to drown, Blaise stood on the water's surface and invited his persecutors to walk out and prove the power of their gods; they drowned. When he returned to land, he was martyred by being beaten, his flesh torn with wool combs (which led to his association with and patronage of those involved in the wool trade), and then beheaded.
In the holy wars, his relics were dispersed over Europe and veneration of St. Blaise was increased by many miraculous cures, especially of sore or diseased throats. Thus, he is the patron of those suffering from throat ailments.
One of the Fourteen Holy Helpers, St. Blaise became one of the most popular saints of the Middle Ages.
Blessing of the Throats
This is the day when we, as Catholics, participate in the beautiful sacramental of having our throats blessed. The aid of St. Blaise is asked in delivering the faithful from throat ailments and other evils.To do this, the priest consecrates two candles, generally by a prayer, and then holds each in a crossed position on the throat of the person being blessed. At the same time the following blessing is given: "Through the intercession of Saint Blaise, bishop and martyr, may God deliver you from ailments of the throat and from every other evil. In the name of the Father, and of the Son, and of the Holy Spirit. Amen."
I have always enjoyed this day, not only because it is the time of year when I am prone to sore throats, but it shows how the Church is truly concerned with the bodily needs of the person as well as the spiritual needs.
Prayer to Saint Blaise
Dear bishop and lover of souls, you willingly bore heavy crosses in faithful imitation of Jesus. Similarly, with Christlike compassion you cured many sufferers. Then after undergoing horrible torture, you died as a martyr for Christ. Obtain a cure for these {describe the afflictions} ills if this is agreeable to God. Amen.
It is customary in many places to bless the throats of the faithful with two candles tied together with a red ribbon to form a cross. The rite of the blessing of throats may take place before or after Mass.
The priest or deacon places the candles around the throat of whoever seeks the blessing, using the formula: "Through the intercession of St. Blaise, bishop and martyr, may God deliver you free from every disease of the throat, and from every other disease. In the name of the Father and of the Son, + and of the Holy Spirit. R. Amen."
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The Walsh Jesuit football team opened the 2014 season with a midnight practice on its new synthetic turf field on Aug. 1, and will continue it tonight when it hosts Week 1 opponent Youngstown Ursuline at 7 p.m.
"It ended up being a pretty neat event," Walsh coach Gerry Rardin said in regards to the practice at Conway Memorial Stadium. "At 10:45 p.m. I was struggling and kind of tired because I am not usually awake at that time, but then the kids started arriving and the coaches were there and it was time to practice. Everyone was excited and ready to roll."
Rardin said the practice featured three sessions. The first session started at midnight and went for an hour and 45 minutes. A break for 45 minutes followed, and then a second sessions last about an hour. Another 45-minute came and then the third session went for an hour and 45 minutes. Rardin said practice wrapped up around 6 a.m.
"The practices were outstanding," Rardin said. "We had about 50 to 100 people at about midnight when we came out, and then naturally it was more quiet after that for the other practices. That was a really cool experience. The mom's had pancakes and sausage, waffles, hashbrowns, fruit, bagels, donuts, milk and juice. They had it all. The kids ate like kings at about 6:30 a.m. and then everybody went home and slept. We were off that afternoon and evening, and then got back at it the next day."
Rardin said he discussed the idea of having a midnight practice with his staff and decided to give it a go
"I was hesitant at first, but I thought what the heck lets have fun with it," Rardin said. "We have a new synthetic turf field with new lights that are 10 times brighter. It is beautiful. It is a type of the line field and facility."
Conway Memorial Stadium looks different due to a $1.5 million renovation project. The venue also has a new track and a new scoreboard. The Warriors football team also has new uniforms.
"I give all the credit to our President Karl Ertle," Rardin said. "He has been tirelessly working to get donations from people and businesses. He worked with construction workers and everyone. They started in June and it was done in July. It is wonderful for practice. With the rain, we usually would have to deal with mud on a grass field."
Here is a preview capsule for the 2014 football season:
Walsh Jesuit Warriors
League: North Coast League Blue Division. 2013 record: 7-3, 5-0.
Coach: Gerry Rardin, 35th season. Coach's record: 246-115-2.
Players to watch: Anthony Rozum, Sr., S-RB; Zach Hatlovic, Sr., CB-WR; Chris Kazimir, Sr., three-year starter OL; Zac Connoley, Sr., DL; Noah Donald, Jr., DL; Pat Ford, Sr., QB … three-year starter; Joe Tupta, Sr., FB … three-year starter; Kyle Pawuk, Sr., S; Phil Bell, Jr., S; Anthony Siragusa, Sr., WR; Nick Schlosser, Sr., CB; Mac Shinaberry, Jr., LB; Logan Shannon, Jr., LB; Adam Pastor, Sr., OL-DL.
Outlook: Walsh returns seven starters on offense and seven starters on defense from last year's team that won a league title and just missed qualifying for the Division II playoffs. Ford is entering his third year starting at quarterback, and Kazimir and Tupta are doing likewise at offensive lineman and fullback, respectively. "The strength of this team is at the returning skill positions," Rardin said. "All the secondary is back from last year and so are a couple of defensive linemen. We are excited about the emergence of two linebackers. Our defense should be stronger. We are faster and more experienced. On the offensive side of the ball, we figure we have some playmakers there and a pretty good quarterback in Part Ford. With a good line and some talented running backs, we should be more balanced on offense this year." Walsh reached the playoffs 16 times between 1985 and 2011. The Warriors won the 1999 Division II state championship.


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Fluffy White Frosting/Icing
Total Time
Prep 10 mins
Cook 0 mins
this is extra fluffy!
Ingredients Nutrition
- 1 (4 ounce) box instant white chocolate pudding and pie filling mix (or use vanilla flavor)
- 1⁄3 cup cold milk
- 1 (8 ounce) containercool whop frozen whipped topping, thawed
- In a large bowl mix the pudding mix with 1/3 cup cold milk until blended.
- Stir in the Cool Whip topping until combined.
Most Helpful
I made this frosting for St. Patty's cupcakes for daycare kids. It was super easy, tasted great. Could change the flavor just by switching the pudding mix. I can't wait to try butterscotch with chocolate cupcakes.


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PDF pending restoration
ERIC Number: ED164555
Record Type: RIE
Publication Date: 1977-Dec
Pages: 110
Abstractor: N/A
Reference Count: 0
A Summary of Data Collected From Graduate Record Examinations Test-Takers During 1976-77. Data Summary Report #2.
Altman, Robert A.
The data presented in this report summarize the background characteristics of 223,582 college students who took the Graduate Record Examinations (GRE) Aptitude Test during 1976-77 and who responded to at least one of the twenty background questions. Similar background data were also collected during 1975-1976; this report covers only those questions which were included in both of these years. Data are presented and compared for the following questions: (1) whether or not GRE tests have been taken previously; (2) U.S. citizenship; (3) whether or not English is the primary language; (4) ethnic or racial background; (5) undergraduate enrollment of undergraduate institution attended; (6) public, private, or religious affiliation of undergraduate institution; (7) year bachelor's degree received; (8) most recent year in which graduate school was attended at least half-time; (9) public, private, or church affiliation of graduate institution; (10) graduate degree objective; (11) age; (12) undergraduate major; and (13) intended graduate major. Additional tables compare responses to two questions (such as ethnic group, age, degree objective), and cross tabulate verbal and quantitative scores on the GRE or sex of student with selected responses. (GDC)
Descriptors: Aptitude Tests, Biographical Inventories, College Entrance Examinations, College Students, Cultural Influences, Educational Background, Enrollment Trends, Graduate Study, Higher Education, Majors (Students), Scores, Student Characteristics, Tables (Data)
Graduate Record Examinations, Educational Testing Service, Princeton, New Jersey 08541 (free while supplies last)
Publication Type: Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Educational Testing Service, Princeton, NJ.
Identifiers: Graduate Record Examinations
Note: For related document, see TM 008 200 ; Parts may be marginally legible due to print quality


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Copyright by Cody Brent Hudson 2010
Hydraulic Performance of Temporary Construction Traffic Barriers by Cody Brent Hudson, B.S. Thesis Presented to the Faculty of the Graduate School of
classmates: Brent Hudson
Dupont High School, Belle, WV, 1989-1993
classmates: Brent Hudson
Louisville Male High School, Louisville, KY, 1991-1995
classmates: Brent Hudson
Southwestern High School, Flint, MI, 1974-1978
Celebrities & Politicians
IMDB Filmography: Brixton Karnes - IMDb
2004 The District (TV series) Brent Hudson – Family Values (2004) … Brent Hudson 2003 Power Play Travis Gentry 2002 Hidden Agenda Max 2001 The
Bad news
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legacy.com: Brent Hudson
LANDRUM, SC-- Funeral Services for Brent Eli Hudson will be held on Tuesday, October 3, 2006 at 2:00 PM at Petty Funeral Home conducted by the Rev. Willie Cooper. The family will
legacy.com: Brent Hudson
LANDRUM, SC-- Funeral Services for Brent Eli Hudson will be held on Tuesday, October 3, 2006 at 2:00 PM at Petty Funeral Home conducted by the Rev. Willie Cooper. The family will
legacy.com: Brent E. Hudson
LANDRUM, SC-- Brent Eli Hudson, 18, of 134 Morrow Road, died on September 30, 2006. A native of Spartanburg County, he was son of Donna Mills Suddeth of Landrum and James A.
findagrave: Hudson, Brent Alan
08/13/1973 - 08/17/1973, Dallas (Dallas County, Texas)
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Brent Hudson, father of 0 - Ancestry
Research genealogy for Brent Hudson, as well as other members of the Hudson family, on Ancestry.
Carl Brent Hudson 1879-1961 - Ancestry.com.au
Research genealogy for Carl Brent Hudson, as well as other members of the Hudson family, on Ancestry.com.au.
ALBERT BRENT Hudson (1934 - 1934) - Genealogy
over 140 million profiles of ancestors and living relatives.
On-line Obituary For David Brent Hudson
Son of Marie Hudson and the late Gerald Hudson; brother of Kirk Hudson all of Denver. Memorial Services Tuesday, 1:00pm Kirk Chapel to ...
11 Brent Dr, Hudson, MA, 01749 - Office Building Property For Lease...
Description. Power: 1600a/480v. Utilities: Heating - Oil (Fired), Sewer - Septic Field, Water - City Expenses: 2012 Tax @ $1.26/sf. Parking: 27 ...
Books & Literature
Brent Hudson's review of American Sniper: The Autobiography of the...
I felt I was reading a book written by 12 year old who could shoot stuff real good. This was an incredibly shallow book without any show of moral strug...
Missouri: Attempts to corral agitated chimp, lead authorities to puppy ...
01.04.2009 Brent Hudson, 49; his wife, Cherace Hudson, 41; and their friend Mary Overton, 52, were jailed on $5000 bond. They did not have attorneys, Watson said. The three other primates have been recovered. The Humane Society of Missouri is ...
Death of an Oysterman - Patrick Ian O'Donnell - Google Books
Veteran homicide detective Blake Moyer comes out of retirement to join the police force in San Amaro, a small town on the Central California coast. On Moyer's...
Kidnapped - Jean Robinson Westcott - Google Books
Rad Sergeant, his two best friends. Peter Logan and Max Frost, and Rad's little brother Ty, build a raft with plans of floating on the Oakdale Lake all summer...
Brent Hudson - ReverbNation
Brent Hudson - Dover, NH
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Brent HUDSON - Personal …
Brent HUDSON. Filter appointments Current appointments Total number of appointments 1 Date of birth August 1947. SOUTHERN FEDERATION OF MODEL ENGINEERING ...
Signed ....Brent Hudson - BHR Group
... all employees as an integral part of their daily work. This policy is publicly available on the company website. Signed ....Brent Hudson. Date....11/01/2016......
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web bio-Brent Hudson.doc Author: t055548 Created Date: 3/4/2014 2:08:45 PM ...
To reach a staff member, please call 905.721.2000 then use the ...
Virginia Harwood. 7386. Year 1, Semester 2. Multimedia Design. Brent Hudson. 2644. Steven Evans. 2643. Brent Hudson. 2644. Steven Evans.
Brent Hudson Named President of Tality, Succeeding Bob Wiederhold. -...
Free Online Library: Brent Hudson Named President of Tality, Succeeding Bob Wiederhold. by
Circle Line 111 - May 2013 - Cambridge Railway Circle
Deputy Chairman: Brent Hudson, Brent House, 20 Boxworth End, Swavesey, CB4 5RA. firstname.lastname@example.com. Secretary: ...
Video & Audio
Brent Hudson - Milk Money (BioShock 2 - Minerva's Den Audio Diary)...
The audio diary
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DAVID BRENT HUDSON | Projects
Teaching Vocational Basic State Secondary Teacher Supplemental Contract/Time-based. Assignment Salary: $13,488 58 Hours per Year. Arlington High ...
Turnaround marks new era | Cambridge News
Sagentia went through a tough few years but now it's powering ahead and talking about acquisitions. Jenny Chapman went to see chief executive Brent...
Sagentia clocks up quarter century - Business - Eastern Daily Press
This year marks the 25th anniversary of Cambridgeshire technology and product development company Sagentia. Cambridge First business editor Debbie Mayhew has...
FE Investegate |Sagentia Group PLC Announcements | Sagentia ...
12.03.2012 Sagentia Group plc. Martyn Ratcliffe, Chairman. Brent Hudson, Chief Executive. Tel: +44 (0) 1223 875 200. Neil Elton, Finance Director. www.sagentiagroup.com. Numis Securities Limited. Nominated Adviser: Oliver Cardigan ...
Reports & Statements
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Twitter Posts: Sheila Bodybyvi (SheilaBodybyvi)
27.05.2012 Check out our friend Brent Hudson. He has his real estate license and is jumping in to his new career........ http://t.co/7Gqr88AY
Brent Hudson, chief executive, …
Brent Hudson, chief executive, Sagentia. ... Brent Hudson, Sagentia's chief executive for the last couple of years, is keen to see the company continue to grow.
[B-Greek] Brent Hudson uploading Funk images - Ibiblio
[B-Greek] Brent Hudson uploading Funk images. Jonathan Robie jwrobie at mindspring.com. Mon Jun 4 07:41:19 EDT 2007. Previous message: [B-Greek] Funk ...
BGreek: [b-greek] RE: household items …
While I cannot think of a volume that lists household items in a single category; ... Brent Hudson Moncton, NB Canada -----Original Message-----
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Brent Hudson Insurance Agent - Royal Bank of Canada Yakima ...
Find details on Brent Hudson at Royal Bank of Canada in Yakima, Washington. See contact information, company ratings, insurance specialties and more.
ACP AdvisorNet: Profile for Brent Hudson
Brent Hudson. Advisor. Role and Company. Chief Operating Officer, AJ Baynes Group/Extra Mile Transportation. Expertise. 25 years experience in operations & ...
Brent Hudson | Financial Advisor in …
Brent Hudson has not reported any professional awards. There are 1,182 Financial Advisors in our database with a variety of awards and rankings.
BRENT HUDSON on The Hunt
Brent Hudson. Started Jan 16 via The Hunt for iOS. "Men's shoes. Brogue oxford wingtip casual shoes. Doesn't have to be this color" Ideal Price: Any Price.
Brent Hudson hired to coach Lynnwood …
Brent Hudson. Lynnwood High School has a new girls basketball coach, and he's well-known in the Lynnwood community. Brent Hudson not only has a passion for ...
Brent Hudson in Kanahooka, NSW - …
Connect with Brent Hudson in Kanahooka, NSW. Look up phone numbers, opening hours, directions & more using White Pages®
Brent Hudson confirmed as new Head at Twyford - Building Specifier
Brent Hudson confirmed as new Head at Twyford. Reporting to Anders Spetz, Chief Commercial Officer of Sanitec, Brent will have full ...
Brent Hudson | Arkansas news, politics, opinion, restaurants, music ...
Brent Hudson Member since Apr 3, 2015 ... Posted by Brent Hudson on 04/03/2015 at 7:34 PM. most recent comments. top viewed stories. most shared stories ...
Brent Hudson | Creative Loafing Atlanta
Brent Hudson Member since Aug 14, 2015 ... 50 years, if they don't collapse before then. 6 likes, 2 dislikes. Posted by Brent Hudson on 08/14/2015 at 1:37 PM ...
Brent Hudson | Free Listening on SoundCloud
Listen to Brent Hudson | SoundCloud is an audio platform that lets you listen to what you love and share the sounds you create.. 2 Tracks. 6 Followers. Stream ...
Brent Hudson | The Canadian Conference of Mennonite Brethren ...
Published October 19, 2009 at 391 × 384 in Brent Hudson · ← Previous Next → · Brent Hudson. Trackbacks are closed, but you can post a comment.
Dr. Brent K Hudson - Chiropractor in …
Dr. Brent K Hudson Brent K Hudson Chiropractic Clinic. 7606 Lockwood Ridge Rd Sarasota FL 34243-4900 Phone: 941-358-9972. Education.
Brent Hudson, Company and Director Search.
Brent Hudson search results on 22-01-2016 at 12:51:16. 11 Director search results.
Travis Hair, Brent Hudson shine in Rupanyup-Minyip's upset HCA ...
Travis Hair, Brent Hudson shine in Rupanyup-Minyip's upset HCA grand ... The day before, new-ball operator Brent Hudson, who went into the ...
Belhaven University Athletics - Brent Hudson - 2009 Baseball
#28 Brent Hudson. Position: INF Height: 6-0. Weight: 200. Class: Senior Hometown: Biloxi, MS Previous School: MS Gulf Coast CC ...
Brent Hudson - RBC Wealth …
firstname.lastname@example.com. Phone/Fax Phone: (509) 573-6203 Toll Free: (800) 323-8870 Fax: (509) 454-0944. Location. 925 Triple Crown Way Yakima, WA 98908 Map & …
Brent A. Hudson - Silverhawk Capital …
Brent has been involved with Silverhawk Capital Partners since 2006 and currently is responsible for compliance and reporting. ... Brent Hudson; Amanda Morgan;
Brent Hudson | Crandall University - Academia.edu
Brent Hudson, Crandall University, Biblical Studies Department, Faculty Member. Studies Biblical Studies, Early Christianity, and Historical Jesus.
Brent Hudson · Change.org
By joining, or logging in via Facebook, you accept Change.org's terms of service and privacy policy. Brent Hudson. Rio Rancho, NM. Started (0). Brent hasn't ...
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Brent hudson-13. I just wanna hit an run like I ain't got insurance|. 338 posts; 726 followers; 950 following. This Account is Private. Already follow brentthemd?
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10 October 2012
15 October 2012 Last updated at 19:45 BST
Syrian rebels say the historic museum of Alma Arra in the city of Maaret al-Numan has been damaged amid fighting as the conflict there continues.
However, Bashar al Assad's government claims rebels who occupy the museum - renowned for its important collection of mosaics - are the responsible for the damage to the building and its artefacts.
Shaimaa Khalil reports.


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Stories of gay black men in the south
How do gay black men survive life in Dublin, Ga., Jasper, Texas, Hickory, N.C. and other places big and small in America's South? The answers to this and other questions asked of 70 gay, African American men living in the South by a Northwestern University professor are the basis of "Sweet Tea," a book and performance. The IMPACT team attended a performance of Sweet Tea and then interviewed E. Patrick. In our interview he shares some of the messages and stories from the performance.
"Black queer life in the South has gone largely undocumented," says E. Patrick Johnson, the Northwestern Professor of African American Studies who conducted his face-to-face interviews between August 2004 and September 2005. "Black queers are an important piece of the patchwork quilt that is the diverse and perverse social fabric of Southern living," says Johnson, a self-identified "Southern expatriate" raised in North Carolina's western foothills. Johnson's interview subjects range in age from 19 to 94 and represent at least one gay black man from every former slave-holding state. From corporate executive to drag queen, minister to hairdresser and architect to nurse, they inhabit large cities and small towns and are sometimes and sometimes not openly gay.
Buy the Sweet Tea book. Learn more about E. Patrick Johnson.


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Event: The entire team of movie ALL THE BEST, including Sanjay Dutt, Ajay Devgn, Fardeen Khan, Bipasha Basu, Mugdha Godse along with Director Rohit Shetty visited the temple on Friday morning to launch the music of the film. Giving them company were music director Pritam and Krishan Kumar.
Guest List: Ajay Devgn, Mugdha Godse, Bipasha Basu, Sanjay Dutt, Kishan Kumar, Rohit Shetty, Fardeen Khan, Pritam Chakraborty
Sizzling HOT Bollywood actress Sonam Kapoor was snapped at the airport.
Cricketer Virat Kohli and Bollywood actress Anushka Sharma were snapped at the airport. Also spotted was legendry lyrist Javed Akhtar.
Bollywood celebs Amitabh Bachchan, Sushant Singh Rajput, Karan Johar, Rajkummar Rao, Aditya Roy Kapur, Saif Ali Khan among others were snapped at the airport.
Bollywood actor John Abraham was snapped at the unveiling of 2017 Nissan GT-R.
Bollywood celebs Abhishek Bachchan, Farah Khan, Sajid Khan, Kayoze Irani, Rajkumar Hirani among others were seen at Boman Irani's birthday bash.


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Last August was our 10 year anniversary. Evie was born 4 days later. This morning DH texted me saying that he wants to leave all 3 kids with his mom sometime in August for a week so we can go on the cruise we had talked about for our 10 year anniversary (now a year late).
I told him that it depends on when in August cause I don't wan to miss her 1st birthday. And then I started thinking. What if we are sill nursing well. She is my last and I don't want to quit nursing for a vacation. But I won't be able to pump for her, so she'd be on formula and I don't know what else Gramma would try to feed her.... GAH. She's more important to me than a vacation we've been dreaming about for a few years.
I told him I wasn't sure I'd want to leave her for that long for feeding purposes. And he replied "K. Perhaps just the three of us. In a hotel by the coast." Well that doesn't sound romantic to me at all! I appreciate the offer to have her tag along, but it's supposed to be in celebration of him and me. We need that quiet and alone time, too and on the coast we'd have no sitters.
What do you guys think?
DS#1 weaned himself at 8 months after a long downhill from supply issues and supplementing starting at 2 months.
DS#2 was down to one nursing session when he turned a year old and we continued that for a few weeks until he didn't need it anymore.
Evie is our last baby and I want to nurse as long as possible, but I realistically doubt based on history that we will be going past December.
Maybe just a weekend away for our Anniversary and then a cruise in December when I'm gonna wanna be somewhere warm anyway. If his mom comes to the kids instead of them going to her, then I'll be more comfortable about it, I think. I just know she'd load them up with junk at her house.


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July 15, 2016
My Pre-Health Path to Dental School: Looking Back
As a fourth-year student and president of the pre-... Read more
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neural functioning. Neurons and neural circuits are oscillatory, involving baseline levels of oscillation which are modulated by influences from other neurons and neural circuits. Some kinds of neurons never fire at all, but do modulate the activities of others. And evolution has created a virtual tool kit of temporal and spatial ranges of modulatory influences, from tiny and very fast gap junctions, to classical synapses, to volume transmitters that diffuse throughout a local population of neurons, to graded release of transmitters that are not all or nothing, and so on (Bickhard & Terveen, 1995).
Such oscillatory and modulatory architectural principles are at least as powerful as classical conceptions: a limit case of one system modulating another is for the first system to switch the second on and off, and switches are sufficient for the construction of computers. They are more powerful in that they inherently provide timing, while Turing
machines do not, and computers involve timing in a biologically impossible form.
The idealization of neurons into threshold switches that so often occurs in computer perspectives, or of simple activation level transformers as in connectionist models, is seriously unfaithful to what actually occurs in the brain (Bickhard & Terveen, 1995). The contrasting oscillatory and modulatory architectural consequence of the interactive model is not logically forced, but it is forced by evolutionary considerations, and it is consonant
with actual brain processes.
Irreversibility and normative scaling. One further biological foundation that I would like to consider arises from looking more carefully at the case of a computer controlling a robot. A robot can interact with the world, and so would seem to satisfy the
interactive condition. To be successful in its interactions, the computer would have to appropriately handle timing in some way, even if not in a biologically plausible way. If we suppose, for example, that among the capabilities of the robot is the ability to detect when
its batteries are running low, and to seek out power sources to replenish its batteries when that occurs, then we would seem to have, in some minimal sense, a far-from-equilibrium system that is also minimally self-maintenant, and even recursively self-maintenant (because it can switch into and out of "power source seeking" similarly to the paramecia's ability to switch into and out of "swimming").
Could such a robot have emergent cognition? The contrast with the biological case arises in the fact that most of the robot's body is not far-from-equilibrium, cannot be self- maintained, and certainly not recursively self-maintained. Conversely, the only part of the robot that is far from equilibrium, the battery, is not self-maintaining.


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Hot Tot was a true labor of love. Motherhood marked the beginning of a wonderful new chapter in my life. I sought the best of everything for my precious baby but struggled to find a hair product that was safe for use on an infant.
Babyhairpolar`s Uploads
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Cheap hair transplant cost in Kolkata & Low Hair plantation cost in Kolkata
As there are many Hair transplant doctors in India in every state so it's difficult to find proficient one in the particular area. You should take reviews of Hair restoration surgery and Hair grafting from the best clinic. The high experienced surgeons of Hair restoration surgery who are dealing in different kinds of Hair replantation techniques and they provide low hair transplant cost in Kolkata. Kolkata city has various latest advanced treatments of hair transplantation like Follicular unit extraction and Follicular unit transplantation.
Hair plantation kolkata is liable to provide you safe and secure treatment of hair replantation. You can choose Follicular unit extraction treatment for scare free operation. Follicular unit extraction is microsurgical treatment which is known as highly skilled technique in hair plantation operation. Its healing time is very fast. FUE can apply to those patients who have large risk of scars appearance. You can make your hair in buz-cut fashion and can keep short hair without having the fear of scars. Follicular unit extraction is the technique where surgeons extract hairs from highly grown part either it is scalp area or not and place to the scalp part without hairs.
The other method of Hair transplantation is Follicular unit transplantation which is a strip harvesting methods where groupings of hairs called follicular units are removed with in a single time. It is a cost saving process where intelligent surgeons can easily be finding. In this process low level of skill is used than Follicular unit extraction that's why Follicular unit extraction cost is higher than Follicular unit transplantation cost. It requires high level of donor hair to transplant and donor pool should highly grow. Follicular unit transplantation is the procedure where the hair should be thick from back side of the head so that strip of harvested hair can easily be transplanted to scalp part of the head.


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In this paper, a class of forward rate dependent Markovian transformations of the Heath-Jarrow-Morton [HJM92] term structure model are obtained by considering volatility processes that are solutions of linear ordinary differential equations. These transformations generalise the Markovian systems obtained by Carverhill [Car94], Ritchken and… (More)
In this paper we study a model of a quantity-setting duopoly market where firms lack knowledge of the market demand. Using a misspecified demand function firms determine their profit-maximizing choices of their corresponding perceived market game. For illustrative purposes we assume that the (true) demand function is linear and that the reaction functions… (More)
This paper considers the estimation of the volatility of the instantaneous short interest rate from a new perspective. Rather than using discretely compounded market rates as a proxy for the instantaneous short rate of interest, we derive a relationship between observed LIBOR rates and certain unobserved instantaneous forward rates. We determine the… (More)
Hedging interest rate exposures using interest rate futures contracts requires some knowledge of the volatility function of the interest rates. Use of historical data as well as interest rate options like caps and swaptions to estimate this volatility function have been proposed in the literature. In this paper the interest rate futures price is modelled… (More)
Keywords: Barrier option Stochastic volatility Continuously monitored Discretely monitored Free boundary problem Method of lines a b s t r a c t This paper considers the problem of numerically evaluating barrier option prices when the dynamics of the underlying are driven by stochastic volatility following the square root process of Heston (1993) [7]. We… (More)
This paper considers the dynamics for interest rate processes within a multi-factor Heath, Jarrow and Morton (1992) specification. Despite the flexibility of and the notable advances in theoretical research about the HJM models, the number of empirical studies is still inadequate. This paucity is principally because of the difficulties in estimating models… (More)


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At Cadventure, we have been specialising in 3D printer sales, training, consultancy and support for over two decades. As 3D printer sales specialists, we can supply a range of 3D printers for concept modelling and rapid prototyping for the realisation of design development.
We can supply the following 3D prototype printers:


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July 26, 2016
| Article
Nail tech Suzie Moskal didn't set out to become a YouTube sensation, yet that's precisely what she's done. Her advice to others who want to follow in her footsteps? Learn as you go.
August 28, 2015
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Canadian nail tech Talia Scherer shares her deep passion for all things nail related on her YouTube channel.
June 10, 2014
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Take a closer look at how nail techs and salons can use online video content for business growth.
September 1, 2010
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For many potential clients, the Internet is their first stop in the search for salons. While a salon menu, contact information, and great pictures of your salon (and even your nails) are a necessity, a snazzy, snappy promo-video can really help set your salon apart from the rest.
April 1, 2008
| Article
Some nail techs have taken YouTube's invitation to "broadcast yourself" seriously. That opens up a world of free training for techs to access whenever they need a helping hand.
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- Worldwide Rank #53,379,254
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GotY edition PS3 save issues
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Some PS3 users are are reporting problems with their saves from the original edition of Fallout 3 not working with the Game of the Year Edition. It seems that it does not affect players in the US, but it does affect those in some other countries, like Canada and Sweden. It is caused by the game's ID in original and GotY versions being different. Hopefully, Bethesda will fix this issue through a patch.
Matt Grandstaff, Bethesda's community manager, says "We're aware of that and looking into it. We also know right now it's not an issue in the US."