text:
|By Liz McMillan
Article Rating:
|December 2, 2016 04:00 AM EST
Download Slide Deck: ▸ Here
Download Slide Deck: ▸ Here
Encryption in the Cloud: What You Need to Know
Unless your company can spend a lot of money on new technology, re-engineering your environment and hiring a comprehensive cybersecurity team, you will most likely move to the cloud or seek external service partnerships.
Download Slide Deck: ▸ Here
In his session at 18th Cloud Expo, Darren Guccione, CEO of Keeper Security, revealed what you need to know when it comes to encryption in the cloud. Topics will include:
- Choosing secure cloud vendors - third-party penetration testing, security audits and certifications. Depending on your business requirements, you may need to verify that your cloud vendor is certified to handle your data properly. If you process or store credit cards, PCI-DSS is a necessity. Additionally, depending on your security needs, a certification for a Cyber Security Framework (such as ISO 27001 or NIST Framework) may also be necessary. If you are an organization that is certified under SOC / SSAE16, you will also likely need to review the cloud vendor's SOC report.
- Where is the encryption key stored and why is it important? Does your cloud provider have the ability to decrypt your encrypted data? If so, then your data could be compromised if the cloud provider is hacked and the encryption keys are compromised. Even if your data is "encrypted" in the cloud does not necessarily mean that it is secure, depending on where the keys are stored.
- Zero-knowledge architecture - a zero-knowledge security architecture ensures that your encryption keys are never available to the cloud vendor. This means that even if the cloud provider is hacked, or otherwise compromised, that your encrypted data stored in the cloud remains secure. The encryption keys are only available to the client, and thus access to the unencrypted data is restricted to the client.
- The fine print - user agreements.
Download Slide Deck: ▸ Here
Speaker Bio
Darren Guccione is CEO of Keeper Security, Inc., creator of Keeper, the world's leading password manager and digital vault. He is a regularly featured cybersecurity expert in major media outlets including Fox, CBS and ABC and was recently named in the Chicago Top Tech 50 by Crain's Chicago Business.
The World's Largest "Cloud Digital Transformation" Event
@CloudExpo / @ThingsExpo 2017 New York
(June 6-8, 2017, Javits Center, Manhattan)
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(Oct. 31 - Nov. 2, 2017, Santa Clara Convention Center, CA)
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Sponsors of Cloud Expo / @ThingsExpo will benefit from unmatched branding, profile building and lead generation opportunities through:
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For more information on sponsorship, exhibit, and keynote opportunities, contact Carmen Gonzalez (@GonzalezCarmen) today by email at events (at) sys-con.com, or by phone 201 802-3021.
Secrets of Sponsors and Exhibitors ▸ Here
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All major researchers estimate there will be tens of billions devices - computers, smartphones, tablets, and sensors - connected to the Internet by 2020. This number will continue to grow at a rapid pace for the next several decades.
With major technology companies and startups seriously embracing Cloud strategies, now is the perfect time to attend @CloudExpo | @ThingsExpo, June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA. Learn what is going on, contribute to the discussions, and ensure that your enterprise is on the right path to Digital Transformation.
Track 1. FinTech
Track 2. Enterprise Cloud | Digital Transformation
Track 3. DevOps, Containers & Microservices
Track 4. Big Data | Analytics
Track 5. Industrial IoT
Track 6. IoT Dev & Deploy | Mobility
Track 7. APIs | Cloud Security
Track 8. AI | ML | DL | Cognitive Computing
Delegates to Cloud Expo / @ThingsExpo will be able to attend 8 simultaneous, information-packed education tracks.
There are over 120 breakout sessions in all, with Keynotes, General Sessions, and Power Panels adding to three days of incredibly rich presentations and content.
Join Cloud Expo / @ThingsExpo conference chair Roger Strukhoff (@IoT2040), June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA for three days of intense Enterprise Cloud and 'Digital Transformation' discussion and focus, including Big Data's indispensable role in IoT, Smart Grids and (IIoT) Industrial Internet of Things, Wearables and Consumer IoT, as well as (new) Digital Transformation in Vertical Markets.
Financial Technology - or FinTech - Is Now Part of the @CloudExpo Program!
Accordingly, attendees at the upcoming 20th Cloud Expo / @ThingsExpo June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA will find fresh new content in a new track called FinTech, which will incorporate machine learning, artificial intelligence, deep learning, and blockchain into one track.
Financial enterprises in New York City, London, Singapore, and other world financial capitals are embracing a new generation of smart, automated FinTech that eliminates many cumbersome, slow, and expensive intermediate processes from their businesses.
FinTech brings efficiency as well as the ability to deliver new services and a much improved customer experience throughout the global financial services industry. FinTech is a natural fit with cloud computing, as new services are quickly developed, deployed, and scaled on public, private, and hybrid clouds.
More than US$20 billion in venture capital is being invested in FinTech this year. @CloudExpo is pleased to bring you the latest FinTech developments as an integral part of our program, starting at the 20th International Cloud Expo June 6-8, 2017 in New York City and October 31 - November 2, 2017 in Silicon Valley.
@CloudExpo is accepting submissions for this new track, so please visit www.CloudComputingExpo.com for the latest information.
Speaking Opportunities
The upcoming 20th International @CloudExpo | @ThingsExpo, June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA announces that its Call For Papers for speaking opportunities is open.
Submit your speaking proposal today! ▸ Here
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About SYS-CON Media & Events
SYS-CON Media (www.sys-con.com) has since 1994 been connecting technology companies and customers through a comprehensive content stream - featuring over forty focused subject areas, from Cloud Computing to Web Security - interwoven with market-leading full-scale conferences produced by SYS-CON Events. The company's internationally recognized brands include among others Cloud Expo® (@CloudExpo), Big Data Expo® (@BigDataExpo), DevOps Summit (@DevOpsSummit), @ThingsExpo® (@ThingsExpo), Containers Expo (@ContainersExpo) and Microservices Expo (@MicroservicesE).
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The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it's challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, provided an educational overview of emerging "as-a-service" options for Big Data in the cloud. This is critical background for IT and data professionals...
Dec. 2, 2016 05:00 PM EST Reads: 4,054
Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more business becomes digital the more stakeholders are interested in this data including how it relates to business. Some of these people have never used a monitoring tool before. They have a question on their mind like "How is my application doing" but no id...
Dec. 2, 2016 04:45 PM EST Reads: 2,085
@GonzalezCarmen has been ranked the Number One Influencer and @ThingsExpo has been named the Number One Brand in the "M2M 2016: Top 100 Influencers and Brands" by Onalytica. Onalytica analyzed tweets over the last 6 months mentioning the keywords M2M OR "Machine to Machine." They then identified the top 100 most influential brands and individuals leading the discussion on Twitter.
Dec. 2, 2016 04:45 PM EST Reads: 1,953
What happens when the different parts of a vehicle become smarter than the vehicle itself? As we move toward the era of smart everything, hundreds of entities in a vehicle that communicate with each other, the vehicle and external systems create a need for identity orchestration so that all entities work as a conglomerate. Much like an orchestra without a conductor, without the ability to secure, control, and connect the link between a vehicle's head unit, devices, and systems and to manage the ...
Dec. 2, 2016 04:15 PM EST Reads: 307
More and more brands have jumped on the IoT bandwagon. We have an excess of wearables – activity trackers, smartwatches, smart glasses and sneakers, and more that track seemingly endless datapoints. However, most consumers have no idea what "IoT" means. Creating more wearables that track data shouldn't be the aim of brands; delivering meaningful, tangible relevance to their users should be. We're in a period in which the IoT pendulum is still swinging. Initially, it swung toward "smart for smar...
Dec. 2, 2016 04:15 PM EST Reads: 274
"We are an all-flash array storage provider but our focus has been on VM-aware storage specifically for virtualized applications," stated Dhiraj Sehgal of Tintri in this SYS-CON.tv interview at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 2, 2016 04:01 PM EST Reads: 204
In an era of historic innovation fueled by unprecedented access to data and technology, the low cost and risk of entering new markets has leveled the playing field for business. Today, any ambitious innovator can easily introduce a new application or product that can reinvent business models and transform the client experience. In their Day 2 Keynote at 19th Cloud Expo, Mercer Rowe, IBM Vice President of Strategic Alliances, and Raejeanne Skillern, Intel Vice President of Data Center Group and G...
Dec. 2, 2016 04:00 PM EST Reads: 1,853
"We are a modern development application platform and we have a suite of products that allow you to application release automation, we do version control, and we do application life cycle management," explained Flint Brenton, CEO of CollabNet, in this SYS-CON.tv interview at DevOps at 19th Cloud Expo, held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA.
Dec. 2, 2016 03:45 PM EST Reads: 620
Information technology is an industry that has always experienced change, and the dramatic change sweeping across the industry today could not be truthfully described as the first time we've seen such widespread change impacting customer investments. However, the rate of the change, and the potential outcomes from today's digital transformation has the distinct potential to separate the industry into two camps: Organizations that see the change coming, embrace it, and successful leverage it; and...
Dec. 2, 2016 03:30 PM EST Reads: 3,182
In IT, we sometimes coin terms for things before we know exactly what they are and how they'll be used. The resulting terms may capture a common set of aspirations and goals – as "cloud" did broadly for on-demand, self-service, and flexible computing. But such a term can also lump together diverse and even competing practices, technologies, and priorities to the point where important distinctions are glossed over and lost.
Dec. 2, 2016 03:15 PM EST Reads: 1,439
All clouds are not equal. To succeed in a DevOps context, organizations should plan to develop/deploy apps across a choice of on-premise and public clouds simultaneously depending on the business needs. This is where the concept of the Lean Cloud comes in - resting on the idea that you often need to relocate your app modules over their life cycles for both innovation and operational efficiency in the cloud. In his session at @DevOpsSummit at19th Cloud Expo, Valentin (Val) Bercovici, CTO of Soli...
Dec. 2, 2016 02:15 PM EST Reads: 1,510
Without a clear strategy for cost control and an architecture designed with cloud services in mind, costs and operational performance can quickly get out of control. To avoid multiple architectural redesigns requires extensive thought and planning. Boundary (now part of BMC) launched a new public-facing multi-tenant high resolution monitoring service on Amazon AWS two years ago, facing challenges and learning best practices in the early days of the new service. In his session at 19th Cloud Exp...
Dec. 2, 2016 02:02 PM EST Reads: 290
Predictive analytics tools monitor, report, and troubleshoot in order to make proactive decisions about the health, performance, and utilization of storage. Most enterprises combine cloud and on-premise storage, resulting in blended environments of physical, virtual, cloud, and other platforms, which justifies more sophisticated storage analytics. In his session at 18th Cloud Expo, Peter McCallum, Vice President of Datacenter Solutions at FalconStor, discussed using predictive analytics to mon...
Dec. 2, 2016 02:00 PM EST Reads: 4,817
Keeping pace with advancements in software delivery processes and tooling is taxing even for the most proficient organizations. Point tools, platforms, open source and the increasing adoption of private and public cloud services requires strong engineering rigor – all in the face of developer demands to use the tools of choice. As Agile has settled in as a mainstream practice, now DevOps has emerged as the next wave to improve software delivery speed and output. To make DevOps work, organization...
Dec. 2, 2016 01:30 PM EST Reads: 5,690
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
Dec. 2, 2016 01:30 PM EST Reads: 1,805


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TRAILER | X360, PS3 Thursday, September 24, 2009 | 7:13 AM
TGS09: End of Eternity images and trailer
TGS09: Trailer
All comments
EoE looks beautiful. And it has motion-blur whee :P
Man, i used to love this genre...what happend!? did i grew out of it..or what?! it makes me sad inside...
About the game
- End Of Eternity
- Published by SEGA
- Developed by tri-Ace
- French release: Available
- US release: Available
- Japanese release: Available
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- Copyright 2007-2016 Gamersyde SARL
- About gamersyde - Privacy Policy
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Express links
- Rockstar confirms Red Dead Redemption 2, coming Q4 2017
- inXile to launch crowdfunding campaign for Wasteland 3
- Hitman: The Complete First Season coming January 31
- Gran Turismo Sport release date delayed to 2017
- Ubisoft Motion Pictures announces "The Division" film
- Legendary to adapt Life Is Strange into digital series
- Red Dead Redemption on Xbox One Backward Compatibility
- BioShock: The Collection coming Sept. 13
- Batman: Return to Arkham delayed
- Xbox unveils Project Scorpio
- Koei Tecmo announces Berserk (working title)
- Techland officially becomes a global video game publisher
- No Man's Sky delayed to August 9
- Mass Effect: Andromeda will now ship in early 2017
- EA & Respawn developing a new Star Wars game

subset: commoncrawl


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Register now to gain access to all of our features. Once registered and logged in, you will be able to contribute to this site by submitting your own content or replying to existing content. You'll be able to customize your profile, receive reputation points as a reward for submitting content, while also communicating with other members via your own private inbox, plus much more! This message will be removed once you have signed in.
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Everything posted by Negos
Negos replied to Aropupu's topic in ThievingSavage. I will be purchasing this soon for use on my ironman. I CBA to train theiving by hand and I know you make GREAT scripts! Without a doubt this will be great, as is aAgility and aMiner
Really loving the script. I can make about 2m/hr on my maxed main doing Zulrah and I'm finally starting to learn the phases
Negos replied to xCode's topic in Mini-gamesScript wont start. It stands outside the autumn door and then just stops. here is the debug: [15:02:07] Script Started: xSorcRunnerPro. [15:02:07] Disabled all randoms. [15:02:21] java.lang.NullPointerException [15:02:21] at org.tribot.api2007.types.RSObject.getModel(nj:343) [15:02:21] at org.tribot.api.DynamicClicking.clickRSObject(ax:290) [15:02:21] at org.tribot.api.DynamicClicking.clickRSObject(ax:323) [15:02:21] at scripts.xSorcRunnerPro.c.rb.l(EnterGarden.java:60) [15:02:21] at scripts.xSorcRunnerPro.xSorcRunnerPro.run(xSorcRunnerPro.java:71) [15:02:21] at java.lang.Thread.run(Thread.java:745) [15:02:21] 0 [15:02:22] Script Ended: xSorcRunnerPro.
@Druid Script seems to be broken... Trying to cut oaks at seers, script starts up but does nothing Client Debug: [13:04:10] For the dynamic sig to work, don't block connection! [13:04:10] If you're using F2P worlds, please start the script logged in. [13:04:10] java.lang.NullPointerException [13:04:10] at org.tribot.api2007.types.RSObject.getModel(nj:343) [13:04:10] at org.tribot.api.DynamicClicking.clickRSObject(ax:290) [13:04:10] at org.tribot.api2007.Banking.openBank(og:645) [13:04:10] at scripts.MasterChopper.xb.a(DruidBanking.java:166) [13:04:10] at scripts.MasterChopper.xb.B(DruidBanking.java:84) [13:04:10] at scripts.MasterChopper.Main.B(Main.java:140) [13:04:10] at scripts.MasterChopper.Main.run(Main.java:86) [13:04:10] at java.lang.Thread.run(Thread.java:745) [13:04:10] Script Ended: Master Chopper AIO. Settings: http://imgur.com/a/PHoY1
Still isn't working @warfront1 Stuck on startup.. http://imgur.com/D2gZ5Nh
Negos replied to warfront1's topic in Runecrafting@warfront1 Cosmic runecrafting with agility shortcuts is broken
Negos replied to Aropupu's topic in FishingWill test it when I get home today. If you need a testing account at any point just let me know, I love your scripts and wouldn't mind lending you an account (aAgility, aMiner, aSmither, aFisher :D:D:D:D)
Sorry for blocking out a lot of info (but i'm paranoid about jagex potentially watching these forums :D) Made 2.1m during the trial! (Stopping script to bank) http://imgur.com/R6LVEpm[/img]
That worked as a fix! This script is great. I'll post a picture of my loot after I finish up the trial then I'll be purchasing
Negos replied to Aropupu's topic in Fishing@Aropupu The script fails to close the bank screen before trying to walk somewhere on the AStar walk pattern (specifically @ monkfish).
For some reason if you don't leave the equipment selection page open the tiles wont highlight. But that's really a non-issue as most people wont be using just magic (unlike me :P)
@Worthy It's not showing me the tiles where to stand or when to switch gear. edit: nvm, didnt know you needed to leave equipment page open
This script seems a bit TOO fast. It works almost TOO well. Does it have ABC2? I've been using scripts with ABC2 and they seem to have many 10-45 seconds delays in them, but this script doesn't, it's godly fast, even when I turn the mouse speed down (sub 1 second after a tree is cut down it begins cutting a new tree). Banking, walking, and tree detection works great though
Negos replied to Aropupu's topic in Fishingnvm i'm a dumbass script is working great so far@ @Aropupu
Negos replied to Starfox's topic in Fletching@Starfox broad bolts are currently broken. It says it ran out of unfinished broad bolts but they're in my inventory. This happens with both looking glass and without looking glass Here is the debug. [00:56:38] Script Started: Sigma Fletcher. [00:56:38] Looking glass detected. LG may cause latency between TRiBot and the RuneScape client. [00:56:38] If you would like the script to run at optimal speed, please run TRiBot with LG disabled. [00:56:38] Connecting to OSBuddy exchange [00:56:39] Successfully connected to OSBuddy exchange [00:56:49] Reason for stopping: Ran out of Unfinished broad bolt. [00:56:49] Performing clean-up. [00:56:49] Script clean-up completed. [00:56:49] Script Ended: Sigma Fletcher.
@warfront1 broad bolts are currently broken... Script says "Status: Starting" infinitely.
Negos replied to FALSkills's topic in ConstructionDoes this use demon butler to unnote planks or can the butler be used to go to the sawmill?
@Final Calibur Script is buggy... I already found 2 issues... #1. After banking, if the desired tree is in sight, the script will try to click on the tree without closing the bank window #2. When chopping logs and banking with an axe equipped, the bot goes and tries to withdraw more axes from the bank after each completed inventory The bot will deposit inventory of logs, withdraw 2x rune axe (+1 already equipped), then go back to wcing
Any chance of abc2 implementation?
Negos replied to Aropupu's topic in MiningI'm currently a lifetime owner (premium, NOT runite). I'd be willing to test motherlode on V2. Is V2 ABCL10? ABC2?
abc2 antiban
Negos replied to Tri's topic in HunterIf you need an acc PM me. I have an ironman you can use (only acc I have with 83 hunter). During my trial I noticed the following.... After 1 full inventory, the bot just goes back to the back and goes to bank/withdraw all of the implings it caught. It does this in an infinite loop.
Negos replied to Aropupu's topic in HunterLove you Aropupu. You make the best scripts. aMiner, aAgility, aFisher, and aHunter all rock!!
Negos replied to Googler's topic in FletchingABCL10? ABC2? Looks nice either way
ABCL2 yet? Love your scripts @warfront1. I've used your RC script for many days and I'd like to use this if it has the newest antiban!!! Much Love -Negos
Negos replied to Aropupu's topic in MiningAny chance we can get coal added at the Ardougne Monestary? Banking method is with a Ring of Dueling to Castle wars, then ardy cloak 1 to monestary and repeat.


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Harrisburg Pilots
Middletown, Pennsylvania
0 Reviews
Middletown, Pennsylvania
0 Reviews
Harrisburg Pilots, the flight school at Harrisburg International Airport, is proud to offer experienced, professional flight instruction, and a choice of Cessna and Flight Design aircraft. Regular pilot activities round out the flight training experience.
At Harrisburg Pilots, you have a choice of two initial pilot certificates - private pilot and sport pilot. We also offer instrument and commercial instruction. Once you become a pilot, you can rent our aircraft.
New - Harrisburg Pilots received approval to instruct foreign students.
Learning to fly is an exciting and fulfilling process. Here´s a step by step guide to getting started...
Harrisburg Pilots
Harrisburg International Airport
517 Airport Drive
Middletown, Pennsylvania, 17057
United States
+1 (717) 421-7816
Flight Training (Airplane) Sport Pilot Training
Sports Pilot (SPL/LSA) Private Pilot (PPL) Commercial Pilot (CPL) Flight Instructor (CFI / FI) Airline Transport Pilot (ATPL)Instrument Rating (IR) Flight Instructor - Instrument G1000Ground School Classes
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Wego.com recently found 41 hotels in Chambery, France. Book last minute hotel or find great hotel deals such as Le Chateau de Candie for US$217 per night. Save more on cheap hotels with rates from as low as US$50 per night.
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Lounge Chair and Ottoman - Loose Cushions
Brand: Brown Jordan
Product Code: 1210-6000
Product Code: 1210-6000
From Brown Jordan, we present to you, The Elegance Collection, featuring...
The Lounge Chair and Ottoman - Loose Cushions. Fabricated from Cast materials.
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"When you give yourself to me, completely, I will bite you. Until then, my love, I will only nibble on you." - Tina Carreiro, Power of the Moon
"N'gadopi Nizwia." - Abenaki for "I am hungry, my spouse."
"N'gadopi Nizwia." - Abenaki for "I am hungry, my spouse."
|Consumed by Love
Hugo's health deteriorates at an alarming rate and his wife Bree is forced to quit work to take care of him full time. despite her attentive ministrations, Bree sees no improvement in her husband's condition so she finally decides to call his sister Rita for advice. Rita pleads with her to bring Hugo back to the old homestead right away. Bree procrastinates and the consuming begins...
from the get go, i noticed something interesting about the author's approach and presentation. if there is such a thing as a "vignette macabre" then Ms. Pavarti has gone about it with skill and handled it very well. interspersed within scenes of the couple's seemingly "ordinary" domestic life are vignettes both ominous and visceral in their treatment.
the writing is flawless, almost lyrical at times - moving from one haunting scene to the next smoothly like a caress then building to a pulsating crescendo that will make your heart rate lurch and your well-being unsettled.
i also love the air of mystery surrounding Hugo's affliction. it is never directly named nor revealed but it hints at the Native American legend of the wendigo1. besides, having Hugo speak Abenaki2 confirms the latter to some extent and gives the whole story a horrifying authenticity. in addition, a little research on the Abenaki phrases clarified a lot of things. at the same time, it yielded more cold shivers for me especially when i recalled the way they were expressed within the context of the story.
overall, Pavarti K. Tyler's Consumed by Love may be "short" as short stories go yet it is unique. it is tightly packed with enough goods of the shadowy and sexy variety to stir one's imagination, trigger goosebumps or just generate chills up and down your spine.
1Wendigo - a flesh-eating creature found in "the legends of the Algonquian peoples along the Atlantic Coast and the Great Lakes Region of both the United States and Canada."
2Abenaki - a language belonging to the Algonquian family of Native American Languages.
*Consumed by Love is available at Amazon and Barnes and Noble.
my personal rating is:
Consumed by Love contains material suitable for adult readers only.


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December 20, 2012
ROBERT JAMES BROBST, PETITIONER,v.SAN BERNARDINO COUNTY SUPERIOR COURT, RESPONDENT.
On December 14, 2012, Robert James Brobst ("Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("Petition").
The Court's review of the Petition reveals that it is deficient because Petitioner has failed to name a proper respondent. A petitioner seeking habeas corpus relief must name the state officer having custody of him as the respondent to the petition. Rule 2(a) of the Rules Governing § 2254 Cases; Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir. 1996); Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). "A custodian is the person having a day-to-day control over the prisoner. That person is the only one who can produce the body of the petitioner." Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992) (internal quotations and citation omitted).
Petitioner has named the San Bernardino County Superior Court as the respondent. However, it appears that Petitioner is currently incarcerated at Centinela State Prison, and the proper respondent would be the warden of that institution. Petitioner's failure to name a proper respondent requires dismissal of the Petition for lack of jurisdiction. See OrtizSandoval, 81 F.3d at 894; Stanley, 21 F.3d at 360.
Accordingly, the Petition is DISMISSED WITH LEAVE TO AMEND. If Petitioner elects to pursue this action, he is ORDERED to file an amended petition no later than January 20, 2013, in which he names a proper respondent. In the interest of judicial economy, the clerk is directed to return a copy of the Petition to Petitioner so that he may correct the name of the respondent on page one of the petition form. The Petition should be re-labeled as the "First Amended Petition."
Petitioner shall immediately notify the Court of any change to Petitioner's address. If Petitioner fails to keep the Court informed of where Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute and failure to comply with a court order. See Local Rule 41-6.
Finally, Petitioner is cautioned that his failure to file a First Amended Petition by January 20, 2013, may result in a recommendation that this action be dismissed without prejudice for failure to prosecute and/or failure to comply with a court order. No extension of this deadline will be granted absent a showing of good cause.
John E. McDermott
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December 29, 1953
MILTON BANK & SAFE DEPOSIT CO.v.BEACHEL
Clair Groover, Mifflinburg, for appellant.
No book of appearance for appellee.
Before Rhodes, P. J., and Hirt, Reno, Ross, Gunther, Wright and Woodside, JJ.
[ 174 Pa. Super. Page 277]
WOODSIDE, Judge.
This is an appeal from an order striking off an appeal from a justice of the peace because of appellant's failure to comply with the lower court rule requiring notice of the filing of the appeal.
Judgment was entered by a justice of the peace for $39 in favor of the Milton Bank and Safe Deposit Co. and against E. B. Beachel, trading under the name of Beachel Taxi Service. After the entry of judgment Beachel, acting as his own attorney, said to the justice of the peace in the presence of the attorney for the
[ 174 Pa. Super. Page 278]
plaintiff that he 'wanted to file an appeal' and the plaintiff's attorney replied that 'he should go ahead and file it.' The appeal was filed but the notice required by the rules of the lower court was not given. The present appellee thereupon obtained a rule to show cause why the appeal from the justice of the peace should not be stricken. The lower court made the rule absolute, refused Beachel the right to file the required notice nunc pro tunc, and struck off the appeal.
Rule IV of the Court of Common Pleas of Northumberland County provides as follows:
'IV. Appeals from Justices of the Peace, Magistrates or Aldermen
'1. In all civil actions brought into court on appeal from magistrates, justices of the peace, or aldermen, the appellant shall within five days give written notice to the opposite party of the filing of the appeal and proof of service thereof shall be filed of record * * *'
Rules somewhat similar are common to Common Pleas Courts and are generally strictly enforced. Dimeler v. Taylor, 1944, 54 Dauph.Co. 1, and cases there cited, Cohen v. Rapaport, 1948, 62 Pa.Dist. & Co.R. 71, 19 Northumberland Legal Journal 285; Specht v. Moyer, 10 Pa.Dist. & Co.R. 311 (Snyder County, 1927); Acor v. Acor, 7 Pa.Dist.R. 360 (Montour County, 1897).
If the rules of a common pleas court are reasonable, as the one before us is, the lower court will not be reversed for enforcing them except for the most compelling reason.
The appellant suggests that the colloquy quoted above was sufficient compliance with the rule or at least gave the appellee sufficient notice of his intention to file the appeal that he should now be allowed to give the notice and file the proof thereof nunc pro tunc.
[ 174 Pa. Super. Page 279]
Any such oral statements between the appellant and appellee's counsel at the justice of peace's hearing or immediately after it cannot be considered as tantamount to a written notice of the filing of an appeal.
That the appellant thought the justice of peace would do whatever was necessary to perfect the appeal does not help him. If he was relying upon the justice of peace then he made the justice his agent and is bound by his failure to act. Kennemuth v. Lewis, 1915, 61 Pa. Super. 251; Mason v. Stackhouse, 1925, 84 Pa. Super. 288.
In Adelman, Trustee v. John McShain, Inc., 1942, 148 Pa. Super. 138, 24 A.2d 703 this Court held that the lower court's allowance of an appeal from a justice of the peace nunc pro tunc was an abuse of discretion and applied the oft repeated rule that an appeal nunc pro tunc may be allowed only where there is fraud or its equivalent. This conclusion was based upon the theory that the courts could not extend the time allowed by the Legislature within which an appeal should be taken.
Where the appeal is taken within the time required by law, and it is a rule of Court and not a statutory requirement that is violated, the Court may not be bound by the same strict rule as that applied in the Adelman case.
But whether the Court would have abused its discretion had it permitted the appellant to perfect his appeal nunc pro tunc is not before us. There is no doubt that the lower court was within its rights in refusing to allow the filing of the notice nunc pro tunc.
The order is affirmed.
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Wednesday, Sept 18, 2013, What next? Strategic planning for your next career step
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Resource: Mid-Career Faculty Planning Process from UNC Charlotte ADVANCE Program Workshop
Monday, October 14, 2013. How to manage all the opportunities that come your way?
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Wednesday, October 30, 2013. Job satisfaction among NC State associate professors: Findings from the national COACHE survey
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COACHE 2011-12 Faculty Survey Results
Thursday, November 14, 2013. Fostering an international reputation
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The Advisory Board
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Previous Advisory Board Members
- Betsy Brown, Office of Faculty Development
- Michael Dickey, Chemical Engineering
Contact Marcia Gumpertz (email@example.com) if you are interested in serving on the Advisory Board.


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March 30, 2012
JUDI DONNELLY, PLAINTIFF,v.KATHLEEN SEBELIUS, ET AL., DEFENDANTS.
This matter is before the Court on the defendants' motions to dismiss. For the reasons stated below, the motions will be granted.
The pro se plaintiff, who describes herself as "a low income person," represents that she derives her only income "from Old Age Survivors and Retirement pension from the Trust Fund established by Franklin Roosevelt and the Congress of the United States." Complaint ("Compl.") at 12.*fn1 She also states that she receives Supplemental Security Income payments and "is entitled to food stamps and Section 8 housing assistance." Id. The plaintiff alleges that she "was automatically enrolled in Part A and Part B of the Medicare program for senior citizens when she reached eligibility age in Feb[ruary] 2002" and "the Medicaid program known as Hoosier Health Care or now SHIP, [State Health Insurance Plan] when the [P]art D drug coverage came into effect."*fn2 Id. at 2. It appears that the claim being raised by the plaintiff in this case arises from a gap she experienced in her Part D coverage.
The State of Indiana, where the plaintiff resides, through the Family & Social Services Administration, had been paying for the plaintiff's Part B coverage, but according to the plaintiff that coverage ended "in the early months of 2009 without any reason or notification to [the plaintiff]." Id. at 2-3. The plaintiff learned payment for this benefit had been discontinued "when Social Security removed $96.40 from [her] Old Age and Retir[e]ment Trust payment to cover the state[']s payment to MEDICARE for [P]art B coverage." Id. at 3. Rather than pay the Part B premium herself, the plaintiff contends that she "refused to allow this 'shake down operation'" and promptly "opted out of the [P]art B coverage[,] which as well included Part D drug coverage." Id. Apparently, Indiana resumed payment of the Part B premium on the plaintiff's behalf later in 2009, and the plaintiff received "a new card from Social Security medicare advising [her that she] held Part A and Part B plans and the state of Indiana Medicaid pr[o]gram had resumed payment of the [Part] B premium . . . to cover Part B and the attached Part D Drug Plan." Id.
The plaintiff "did not have occasion to use this coverage" until September 2010, when she "scheduled two doctors [sic] appointments." Id. In October 2010, the plaintiff was admitted "to the local Bloomington Hospital" and was issued four prescriptions prior to her release. Id. She took the prescriptions to a local pharmacy; the pharmacist filled three of the prescriptions, but they "had to be paid for out of pocket as the pha[r]macist indicated [that the plaintiff] had no Part D . . . coverage." Id. Although the plaintiff was able to pay $51.49 for the first three prescriptions, she could not afford to fill the fourth prescription because it was for a non-generic drug "costing $130.00 for a bottle of 30 capsules or $3.98 per pill." Id. The plaintiff sought assistance from the drug's manufacturer, but her request was refused because the company would "only pay for a drug if the applying party has no insurance whatso[ev]er." Id. at 4.
Upon review of the 2009 edition of the Medicare Handbook, the plaintiff found a provision "titled 'Extra help for Medic[a]re Prescriptions coverage,'" under which she believed she qualified. Id. The plaintiff "dialed the medicare 800 number to find out about this program and was refer[r]ed to an advanced resolutions officer" who informed the plaintiff that she "had opteded [sic] out of the Part D coverage on December[] 7[,] 2009," and further advised that the plaintiff "was automatically entitled to 'Extra help'" under a program established in January 2010 called LINET, or Limited Income Newly Eligible Transition Program. Id. The plaintiff believed that she "was entitled to app[l]y for restitution of [her] out of pocket expense for 30 days prior to the expense, which would be September 16, 2010." Id. She also was told that she "would be automatically re-enrol[l]ed by Medicare in a Part D plan if [she] did not choose one [herself]." Id.
The plaintiff contends that even after obtaining a letter from her congressman stating that she "was entitled to receive [sic] 'extra help' from whatever program was in place," the pharmacist, Mrs. Ricker, "refused to accept the proofs" and declined to fill the fourth prescription or reimburse her for the cost of the other three prescriptions. Id. The plaintiff states that she made "[a] second and 3rd call to Medicare 800 number," but was "unsuccessful in resolving the problems" with the agents with whom she spoke. Id. These agents allegedly "tried to discourage [her] from pursuing the 'extra help' programs [and] hung up on [her] when [she] asked them the name of the Director of Medicare." Id. She then represents that she dialed "the social security 800 number" and asked the customer service representative to send her an application for the "extra help" program, only to be informed that she already had Part D coverage through the Pennsylvania Life Insurance Company, "the program chosen for the entire State of Indiana low income seniors when the Bush Drug Plan was impl[e]mented." Id. at 5. Although the plaintiff did not receive the "application for the extra help . . . [,] Medicare did send [her] the 2011 medicare handbook." Id.
Despite the efforts the plaintiff had already taken, she states she still had not received "the application for the 'extra help' and reimbursement of out of pocket expenses from either the national social security trust fund offices, or the local field office, or . . . from [her] congressman's staff." Id. at 6. She represents that she then "called the Area 10 Agency on Aging and spoke with a 'Holly,'" who sent the plaintiff "a letter dated November 3, 2010[,] informing [the plaintiff] that [Holly had] enrolled [the plaintiff] in a Part D program with some company called Well Care Classics." Id. Holly allegedly took this action "without consulting [the plaintiff] or in any other way notifying [her] that she had taken this inniciative [sic] on [the plaintiff's] behalf." Id.
The plaintiff states that she should have been automatically reenrolled in the Part D program when Indiana resumed payment of the Part B premium as well as "the attached Part D Drug Plan," id. at 3, that is, "in March or April of 2009 not in November of 2010, 17 months later," id. at 7. She believes that she was "not well served by the Federal Welfare Program adminisntering [sic] both MEDICARE, MEDICAID, & SOCIAL SECURITY TRUST FUND [and] she files this COMPLAINT" in order that "the DEFENDANTS . . . answer these charges." Id. She alleges that "[t]he Agencys [sic] and their Directors and employees are negligent with intent to harm a third party and perhaps, if polit[i]cally motivate[ed], hundreds of seniors at their mercy." Id. at 8. She brings this action in order to recover "damages for her anxiety, stress, loss, pain, and sufferign [sic] in the amount of ten thousand dollars . . . plus court costs, fees and other expenses as well as restitution of her $51.49 out of pocket expense and future disruption of drugs needed to maintain her health and safety." Id. at 7.
A. Dismissal Under Rule 12(b)(1) for Lack of Subject Matter Jurisdiction
Among the defendants in this action are the current and former Secretaries of Health and Human Services and Administrators of the Centers for Medicare and Medicaid Services. These federal defendants characterize the plaintiff's lawsuit as raising a negligence claim, which must be dismissed for lack of subject matter jurisdiction. See Federal Defendants' Memorandum in Support of Motion to Dismiss ("Fed. Defs.' Mem.") [Dkt. #19] at 1.
"Federal district courts are courts of limited jurisdiction," and "it is to be presumed that a cause lies outside this limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994) (citations omitted). The plaintiff therefore bears the initial burden of establishing by a preponderance of the evidence that the Court has subject matter jurisdiction over her claim. Id.; see Citizens for Responsibility and Ethics in Wash. v. U.S. Dep't of Homeland Sec., 527 F. Supp. 2d 101, 104 (D.D.C. 2007). In deciding a motion brought under Rule 12(b)(1), the Court "may consider materials outside the pleadings" and it must "accept all of the factual allegations in the complaint as true." Jerome Stevens Pharms., Inc. v. Food & Drug Admin., 402 F.3d 1249, 1253 (D.C. Cir. 2005) (internal quotation marks and citations omitted).
Under the doctrine of sovereign immunity, the United States is immune from suit unless Congress has expressly waived the defense of sovereign immunity by statute. See United States v. Mitchell, 463 U .S. 206, 212 (1983) ("It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction."). Consent may not be implied; it must be "unequivocally expressed." United States v. Nordic Village, Inc., 503 U.S. 30, 33-34 (1992). A waiver of immunity is strictly construed in favor of the government, Orff v. United States, 545 U.S. 596, 601-02 (2005), and the United States' consent to be sued establishes the scope of the Court's jurisdiction, see United States v. Sherwood, 312 U.S. 584, 586 (1941). "Absent a waiver, sovereign immunity shields the Federal Government . . . from suit." Fed. Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 475 (1994). "A plaintiff must overcome the defense of sovereign immunity in order to establish the jurisdiction necessary to survive a Rule 12(b)(1) motion to dismiss." Jackson v. Bush, 448 F. Supp. 2d 198, 200 (D.D.C. 2006) (citing Tri-State Hosp. Supply Corp. v. United States, 341 F.3d 571, 575 (D.C. Cir. 2003)).
The Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 1346 (2010), is an example of Congress' waiver of sovereign immunity. Under the FTCA, the United States consents to suit in federal district court for certain, but not all, tort claims. See, e.g., Richards v. United States, 369 U.S. 1, 6 (1962). In order to maintain a suit under the FTCA, a plaintiff shall have "presented [her] claim to the appropriate Federal agency and [her] claim shall have been finally denied by the agency in writing and sent by certified or registered mail." 28 U.S.C. § 2675(a) (2010). If the agency fails "to make [a] final disposition of a claim within six months after it is filed," it "shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim." Id. Absent such circumstances, however, the FTCA bars a plaintiff from bringing a civil action in district court before she has exhausted these administrative remedies. See McNeil v. United States, 508 U.S. 106, 113 (1993).
The federal defendants argue that the complaint fails to establish this Court's subject matter jurisdiction, Fed. Defs.' Mem. at 5, because she "has offered no evidence that she submitted a proper claim to [the Department of Health and Human Services] . . . or any other federal agency," id. at 6. In their view, the Court "lacks subject-matter jurisdiction, [the plaintiff's negligence] claims are barred by sovereign immunity, and the [C]court should dismiss the Complaint." Id. at 7.
The plaintiff "gives no credence to Defendants['] argument that [t]ort law is inapplicable to federal ministerial employees as they, as individuals[,] accept the tax supported posts within the general federal government." Response to Federal Defendants['] Motion to Dismiss ("Opp'n to Fed. Defs.' Mot.") [Dkt. #21] at 2. Nor does the plaintiff believe that the government is entitled to the protection of sovereign immunity absent a "referendum of the whole People." Id. She opines that "[t]he government structu[r]e, . . . its employees, representatives, ministers and agencys [sic] have no more 'sovereign immunity' than Plaintiff as a person does." Id. at 3. The plaintiff argues that her "claims are not barred by 'sovereign immunity' of any particular individual or agency failure under the Republics administrators of government, social or otherwise." Id. The plaintiff does not establish, however, that her claim is anything other than a tort claim of negligence against the federal defendants to which the FTCA applies. Absent a showing that she has exhausted her administrative remedies with respect to her negligence claim, the doctrine of sovereign immunity bars the claim. See, e.g., Peevy v. Donahue, No. 11-1209, 2012 WL 699516, at *8 (D.D.C. Mar. 6, 2012) (dismissing intentional infliction of emotional distress claim where plaintiff did not show compliance with the FTCA by filing administrative claim prior to initiating lawsuit); Johnson v. Sullivan, 748 F. Supp. 2d 1, 14 (D.D.C. 2010) (dismissing FTCA claim where the plaintiff had not exhausted his administrative remedies before filing civil action in district court).
B. Dismissal Under Rule 12(b)(2) for Lack of Personal Jurisdiction
Anne Murphy, former Secretary of the Indiana Family and Social Services Administration, see Memorandum in Support of Defendant Murphy's Motion to Dismiss for Lack of Personal Jurisdiction, Improper Venue and Failure to Properly Plead her Claims ("Murphy Mem.") [Dkt. #13] at 1, moves to dismiss the complaint in part on the ground that the Court lacks personal jurisdiction over her, see generally id. at 5-8.
When personal jurisdiction is challenged under Rule 12(b)(2), the plaintiff bears the burden of establishing a factual basis for the Court's exercise of personal jurisdiction over each defendant. Crane v. N.Y. Zoological Soc'y, 894 F.2d 454, 456 (D.C. Cir. 1990); First Chicago Int'l v. United Exch. Co, 836 F.2d 1375, 1378-79 (D.C. Cir. 1988). To establish that personal jurisdiction exists, the plaintiff must allege specific facts that connect the defendant with the forum. Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001); Kissi v. Panzer, 664 F. Supp. 2d 120, 124 (D.D.C. 2009). The Court is not required to treat all of the plaintiff's allegations as true; instead, it "may receive and weigh affidavits and any other relevant matter to assist it in determining the jurisdictional facts." United States v. Philip Morris Inc., 116 F. Supp. 2d 116, 120 n.4 (D.D.C. 2000). The Court is required, however, to construe this pro se complaint liberally, see Howerton v. Ogletree, 466 F. Supp. 2d 182, 183 (D.D.C. 2006), but no pro se plaintiff is "freed from the requirement to plead an adequate jurisdictional basis for [her] claims," Gomez v. Aragon, 705 F. Supp. 2d 21, 23 (D.D.C. 2010).
The Court determines whether personal jurisdiction may be exercised "by reference to District of Columbia law." United States v. Ferrara, 54 F.3d 825, 828 (D.C. Cir. 1995). "A District of Columbia court may exercise personal jurisdiction over a person domiciled in, . . . or maintaining [her] . . . principal place of business in, the District of Columbia as to any claim for relief." D.C. Code § 13-422 (2012). Nowhere in the complaint does the plaintiff allege that defendant Murphy either is domiciled in or maintains her principal place of business in the District of Columbia. In this circumstance, the Court engages in a two-part inquiry to determine whether it may exercise personal jurisdiction over a non-resident defendant. See GTE New Media Servs., Inc. v. BellSouth Corp., 199 F.3d 1343, 1347 (D.C. Cir. 2000). First, the Court must determine whether jurisdiction may be exercised under the District of Columbia's long-arm statute, and then must determine whether the exercise of jurisdiction comports with due process. See id.; First Chicago, 836 F.2d at 1377. This second component of the analysis turns on whether a defendant's "minimum contacts" with the District of Columbia establish that "the maintenance of the suit does not offend traditional notions of fair play and substantial justice." Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945) (internal quotation marks and citations omitted). Such minimum contacts must arise from "some act by which the defendant purposefully avails [herself] of the privilege of conducting activities within the [District of Columbia], thus invoking the benefits and protections of its laws." Asahi Metal Indus. Co. v. Super. Ct. of Cal., Solano Cty., 480 U.S. 102, 109 (1987) (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985)). In other words, defendant Murphy's "conduct and connection with the [District of Columbia must be] such that [she] should reasonably anticipate being haled into court" in the District of Columbia. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980).
In relevant part, the District of Columbia long-arm statute provides that:
A District of Columbia court may exercise personal jurisdiction over a person . . . as to a claim for relief arising from the person's --
(1) transacting any business in the District of Columbia;
(2) contracting to supply services in the District of Columbia;
(3) causing tortious injury in the District of Columbia by an act or omission in the District of Columbia; [or]
(4) causing tortious injury in the District of Columbia by an act or omission outside the District of Columbia if he regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered, in the District of Columbia. . . .
D.C. Code § 13-423(a) (2012).*fn3 The complaint alleges no facts suggesting that Murphy transacted business, contracted to supply services, or caused tortuous injury in the District of Columbia.*fn4 Rather, it appears that defendant Murphy is sued only in her official capacity as the former head of Indiana's Family and Social Services Administration, and in this capacity conducted business on behalf of Indiana and Indiana residents within the state of Indiana.
The plaintiff responds by linking Murphy's duties to the administration of federal funds under the Medicare and Medicaid programs. She asserts that Murphy "failed to mainatin [sic] her agency in a functional and proper state," and she is "the responsible party" whether the failures were her own or those of "underlings beneith [sic] her." Response to Dismissal Murphy FSSA, Indiana ("Opp'n to Murphy Mot.") [Dkt. #17] at 2. The plaintiff asks this Court to "hold . . . Murphy responsib[l]e for her negligence in Oct '10[,] where her agency did not honor the com[m]itment to pay the 'extra cost' for a Low Income Subsidy program for which the State of Indiana not only receives a grant in aid from federal medicare program but is mandated by its own State Legislature to pay the costs of care." Id. at 4-5.
Even if Murphy had been responsible for handing federal funds as alleged by the plaintiff, she did so in Indiana on behalf of an Indiana agency for Indiana residents. Where, as here, Murphy has no apparent contacts with the District of Columbia, this Court cannot exercise personal jurisdiction over her. See, e.g., Johnson v. United States, 590 F. Supp. 2d 101, 111-12 (D.D.C. 2008) (finding that the Court could not exercise personal jurisdiction over Federal Bureau of Prisons employees working at the Federal Correctional Institution in Fort Dix, New Jersey); Moore v. Motz, 437 F. Supp. 2d 88, 93-94 (D.D.C. 2006) (dismissing complaint as to Maryland state judges and officials for lack of personal jurisdiction).
C. Dismissal Under Rule 12(b)(3) for Improper Venue
Murphy also argues alternatively that the complaint is subject to dismissal for improper venue. See Murphy Mem. at 9.
Generally, the plaintiff bears the burden of demonstrating that venue is proper. See Walden v. Locke, 629 F. Supp. 2d 11, 13 (D.D.C. 2009). "In considering a Rule 12(b)(3) motion, the Court "accepts the plaintiff's well-pled factual allegations regarding venue as true, draws all reasonable inferences from those allegations in the plaintiff's favor, and resolves any factual conflicts in the plaintiff's favor." Id. (quoting Darby v. U.S. Dep't of Energy,231 F. Supp. 2d 274, 276 (D.D.C. 2002)). The relevant venue statute provides:
A civil action [wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law,] may be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
28 U.S.C. § 1391(b) (2010).
Murphy argues that she is a resident of Indiana, and that Indiana is the district where the events giving rise to the plaintiff's claims occurred. Murphy Mem. at 9. The plaintiff's opposition does not address Murphy's venue argument at all. "[B]ecause an argument in a dispositive motion that the opponent fails to address in an opposition may be deemed conceded," Rosenblatt v. Fenty, 734 F. Supp. 2d 21, 22 (D.D.C. 2010) (citations omitted), Murphy's motion to dismiss for improper venue would be granted as conceded, even if dismissal was not required on lack of personal jurisdiction grounds.
D. Dismissal Under Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted
McLauchlin, Murphy, and the federal defendants move to dismiss the complaint under Rule 12(b)(6). See Defendant Holly McLauchlin's Memorandum of Law in Support of her Motion to Dismiss ("McLauchlin Mem.") [Dkt. #11] at 4; Murphy Mem. at 9-13; Fed. Defs.' Mem. at 7.
A plaintiff need only provide a "short and plain statement of [her] claim showing that [she] is entitled to relief," Fed. R. Civ. P. 8(a)(2), that "give[s] the defendant fair notice of what the . . . claim is and the grounds upon which it rests," Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)) (internal quotation marks omitted). A complaint may be dismissed for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). In considering such a motion, the "complaint is construed liberally in the plaintiff['s] favor, and [the Court] grant[s] [a] plaintiff[] the benefit of all inferences that can be derived from the facts alleged." Kowal v. MCI Commc'ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994); see Sparrow v. United Air Lines, Inc., 216 F.3d 1111, 1113 (D.C. Cir. 2000). However, "the [C]court need not accept inferences drawn by [the] plaintiff[] if such inferences are unsupported by the facts set out in the complaint." Kowal, 16 F.3d at 1276. Nor must the Court accept "a legal conclusion couched as a factual allegation," nor "naked assertions devoid of further factual enhancement." Ashcroft v. Iqbal, 556 U.S. 662, __, 129 S. Ct. 1937, 1949-50 (2009) (internal quotation marks omitted); see also Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc., 525 F.3d 8, 17 n.4 (D.C. Cir. 2008) (noting that the D.C. Circuit has "never accepted legal conclusions cast in the form of factual allegations" (internal quotation marks omitted)).
A complaint survives a motion under Rule 12(b)(6) only if it "contain[s] sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Iqbal, 556 U.S. at __, 129 S. Ct. at 1949. A claim is facially plausible "when the plaintiff pleads factual content that allows the [C]court to draw [a] reasonable inference that the defendant is liable for the misconduct alleged." Id., 556 U.S. at __, 129 S. Ct. at 1949 (quoting Twombly, 550 U.S. at 556). "A complaint [alleging] facts that are merely consistent with a defendant's liability . . . stops short of the line between possibility and plausibility of entitlement to relief." Id. (internal quotation marks omitted) (citing Twombly, 550 U.S. at 557). Although a pro se complaint "must be held to less stringent standards than formal pleadings drafted by lawyers," Erickson, 551 U.S. at 94 (internal quotation marks and citation omitted), it too, "must plead 'factual matter' that permits the court to infer 'more than the mere possibility of misconduct.'" Atherton v. District of Columbia Office of the Mayor, 567 F.3d 672, 681-82 (D.C. Cir. 2009) (quoting Iqbal, 556 U.S. at __, 129 S. Ct. at 1950).
1. Defendant Holly McLauchlin's Motion to Dismiss
The plaintiff identifies defendant McLauchlin as the Medicare Specialist with whom she spoke by telephone in 2010, see Compl. at 6, and who allegedly enrolled the plaintiff "in a Part D program with some company called Well Care Classics without consulting [her] or in any other way notifying [her] that she had taken this inniciative [sic] on [her] behalf." Id.
McLauchlin moves to dismiss the complaint because it fails to "set forth any cognizable causes of action against" her. McLauchlin Mem. at 2. She argues that the plaintiff "has not set forth any facts showing that she is entitled to relief against Defendant Holly McLauchlin," and fails to even "recite a formulaic recitation of the elements of any cause of action," or to "even make a conclusory statement in relation to any cause of action that related to the brief 'allegations' as to Defendant Holly McLauchlin." Id. at 4 (emphasis in original).
In her Response to Request and Order for Dismissal Holly McLaughlin, Defendant ("Opp'n to McLauchlin Mot.") [Dkt. #16] at 1-4, the plaintiff expresses her dissatisfaction with the Court's order granting McLauchlin's motion for an extension of time to file her motion without affording the plaintiff an opportunity to respond. Id. at 4. The plaintiff proceeds to express her views on the Court's "disrespect for citizen use of the public Court," id., and its "elitist attitude . . . applied from top to bottom of the court structure as they raid the US Treasury of all resour[c]es while riding roughshod over the American Republic for their own comfort and gain," id. at 5. The plaintiff's apparent attempt to articulate a legal claim consists of an allegation that defendant McLauchlin "did usurp Plaintiff[']s personal freedom and liberty both under contract law and the US Constitution and perhaps the Magna Carta of John 1 King of England 1218 AD." Id. at 6. In the plaintiff's view, McLauchlin "commandeer[ed] the personal liberty of an equal citizen of the United States without knowing what she was doing." Id.
2. Defendant Murphy's 12(b)(6) Motion
Defendant Murphy describes the complaint as "a written stream of consciousness," Murphy Mem. at 9, which neither includes a short and plain statement of her entitlement to relief as Rule 8(a) requires, nor is organized by numbered paragraphs as Rule 10(b) requires, id. at 10. The only allegations relevant to Murphy are that the plaintiff's Part B coverage was discontinued without notice, that the plaintiff opted out of Part B coverage rather than pay the premium herself, and that certain government agencies and employees, presumably including the Indiana Family and Social Services Administration, were negligent and harmed senior citizens. See Compl. at 1-2, 6-7 These allegations, Murphy argues, "are not sufficient to put [her] on notice of the claims against her[,] to prepare an adequate defense . . . [or] allow the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.'" Murphy Mem. at 11 (quoting Iqbal, 556 U.S. at __, 129 S. Ct. at 1950).
3. The Federal Defendants' 12(b)(6) Motion
The federal defendants argue that the complaint "fails to apprise [them] of the alleged negligent conduct that caused [the plaintiff's] injuries," and it "fails to indicate what duty was owed, by whom, and how breach of the duties caused her damages." Fed. Defs.' Mem. at 7.
4. The Defendants' 12(b)(6) Motions Will Be Granted
The Court has carefully reviewed the plaintiff's complaint in an attempt to understand the legal basis for claims the plaintiff is asserting against the defendants, and that attempt has been unsuccessful. The plaintiff alleges negligence, yet the complaint fails to allege facts supporting such a claim. Nowhere does the plaintiff articulate each defendant's duty of care, his or her breach of that duty, causation and resulting damages. Nor do the plaintiff's commentaries about the government and its dysfunction amount to a cognizable legal claim. It is not enough to allege, for example, that Murphy failed to pay for the plaintiff's Part B and Part D coverage for a period of time. At most, the plaintiff alleges "facts which are merely consistent with a defendant's liability [and] stops short of the line between possibility and plausibility of entitlement to relief." Iqbal, 556 U.S. at __, 129 S. Ct. at 1949 (quotation marks, brackets and citation omitted). The plaintiff is no more successful in stating a viable claim against McLauchlin. The plaintiff's assertion that McLauchlin enrolled her in a Part D program hardly articulates a "Constituion[a]l right[] to be informed and consent to any contractual obligations for or against her," Opp'n to McLauchlin Mot. at 7-8, particularly where the plaintiff has claimed an entitlement to Part D coverage and actively sought to have this coverage reinstated. Lastly, with respect to the federal defendants, the plaintiff's complaint "fails to apprise [them] of the alleged negligent conduct that caused her injuries," leaving them "to guess as to what conduct [she] believed sounds in negligence." Fed. Defs.' Mem. at 10. The Court concurs.
The Court is not obliged to treat the plaintiff's conclusory statements as if they were factual allegations, and without these conclusory statements, the plaintiff utterly fails to state a viable claim against the defendants. Her unsupported assertions are not "enough to raise a right to relief above the speculative level," Twombly, 550 U.S. at 555, and fail to raise her purported claims from the realm of the possible to the realm of the plausible, see Iqbal, 556 U.S. at __, 129 S. Ct. at 1949.*fn5
Accordingly, the Court will grant the defendants' motions to dismiss. The complaint and this civil action will be dismissed. An Order accompanies this Memorandum Opinion.
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Jehhovas witnesses don't celebrate halloween. I guess they don't appreciate random people coming up to their door.
I was listening to Drake in the shower, and after i was done i realized. I never turned on the shower, the water was my tears.
Everyone is going from the iPhone 5s to the 6 all for an extra inch. I hope your girl doesn't do the same thing.


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It never fails that French interiors, through the ages, have always had a certain...je ne sais quoi. Their beauty and glamor seems so effortless and natural! Therefore, French interiors make for excellent eye candy - enjoy!
This bedroom has a palette I would never come up with on my own, but I think the effect is really nice and great for a bedroom.
A contemporary twist on that never fail crisp white and blue.
The above two images are actually from a home in Tuscany, but it was renovated and restored by a French architect. I think it's a nice blend, and I love the soft, earthy palette.
All above images via Marie Claire Maison
I really like the look of stacks and stack of books.
What a perfect place for an afternoon nap
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via The Magazine Antiques
Wednesday, November 4, 2009
Modern day French interiors that still have that effortless glamour
7 comments:
- La Maison Fou said...
Love this.... the simplicity of it all.
Too great!
- November 4, 2009 at 11:33 AM
- Stephanie@Geezees said...
so pretty .... love it!
- November 4, 2009 at 11:53 AM
- Chic Coles (Cole Design) said...
These images make me want to go and live in France...or at least go visit!
- November 4, 2009 at 2:17 PM
- Laura Trevey said...
oh... I love the bright blue walls!!
- November 4, 2009 at 3:07 PM
- Sallie Ann said...
Oh, I could just move right into some of these spots. Really love it!
- November 4, 2009 at 9:38 PM
- Down Comforter said...
Great image :) Love the bathroom with the exposed ceiling - the essence of effortless.
- November 5, 2009 at 1:46 AM
- Karena said...
I became linked back to this post so must say I love these images!!
I also have a New Giveaway from the French Basketeer I think you will love!
Art by Karena
- September 13, 2010 at 11:29 AM
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The Weatherstone is one of our newest Signature additions. This home features 2 X 6 exterior wall construction with R-19 insulation. The expansive foyer offers a view of the elegant oak turned staircase and is flanked by the formal living and dining room. The kitchen boasts a large center island and is located adjacent to the sunlit morning room with cathedral ceiling and the fireplace. The second floor of this home also includes three additional bedrooms that each feature a walk-in closet and private access to a bath. Additionally, a loft and a conveniently located laundry are located on the second floor. Hardwood flooring in foyer, kitchen, breakfast area, powder room, living and dining room, gas log direct vent fireplace with marble surround and mantle, and Charleston trim package. Gourmet kitchens include granite countertops, Jenn Air stainless steel appliances with 48" hood, Upgraded 42" cabinets. Attractive landscape packages are included, plus much more! Picture may vary from actual home. Builder of the Year 2014!
Listing Area: U Makefield Twp
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