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See a fabric you love but not in the item you want? Custom orders are available, just message me for info!
Thank you so much for stopping by!! Please let me know if you have any questions, comments, or just want to chat!
See a fabric you love but not in the item you want? Custom orders are available, just message me for info!
Thank you so much for stopping by!! Please let me know if you have any questions, comments, or just want to chat!
Kelly Nicola on Oct 12, 2016
I ordered 9/29 and have not received an "item shipped" notification. I have emailed the owner and got an automatic response "my shop is on vacation but I am not" and left her personal email (which I have now emailed twice) . No response ! It's is now 10/12. I don't expect much but I do expect a response as to why this is taking longer than the 3-5 business days Her shop says it normally takes. Will be looking further into this.
Elizabeth Aranda on Aug 27, 2016
I ordered these lovely shorts on 08-16-16 for my sons birthday that will happen in a week and have not received any shipping information. I have contacted the shop twice and have not received any reply. I know this shop ships within 3-5 and I don't mind if there has been a problem with the shipping, but I would just like to know what is causing the delay.
Megan Bowser on Aug 22, 2016
Didn't get it in time for my trip and way too small for what I would like to use anyways, but at least got the shipping back. It is cute and I will give it away as a gift to a toddler who will love it.
Working on style and function for the younger crowd
I started Barrel and Heap in 2011 right before the birth of my niece. My sister needed cute and functional baby gear and I just happened to be in need of a new project. Since starting, I've made every piece with care and love, as if I were making it for a member of my own family. I still get goosebumps every time someone purchases one of my items!
I pride myself on finding the prettiest fabric and making it in to something durable that can be passed down. I know that you could go to a big box store and buy something off the clearance rack, that's why I strive to make timeless pieces that you'll be excited to pull out of the drawer again and again (and again, and again).
Shop members
Carissa Halbmaier
Owner, Maker, Designer, Curator
Carissa rediscovered sewing a few years ago and never looked back. 95% of the time you can find her binge watching tv shows on Netflix while designing + making new items for her shop.
Shop policies
Payment options
- Accepts Etsy gift cards
Returns & exchanges
- Custom or personalized orders
- Perishable products (like food or flowers)
- Digital downloads
- Intimate items (for health/hygiene reasons)
Privacy policy
- To communicate with you about your order
- To fulfill your order
- For legal reasons (like paying taxes)


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GLOBAL: Molson Coors turns to product pipeline in innovations chase
Molson Coors has flipped its innovations focus from packaging to line extensions, with an "exciting pipeline" lined up for the next three years, its CEO has said.
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2 Domestic Work Jobs in Hammarsdale Kwazulu Natal
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This role may require some domestic travel. Able to understand and work within defined processes. Able to work in a matrix organisation aligned to account teams...from: Tetra Pak - 2 days ago
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Looking for domestic helper / nanny. To work Monday to Saturday live in position. R2000 in hillcrest....from: Gumtree ZA - 5 days ago
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July 21, 2014 - Industry News
Following the death of a truck driver at Midwest Farmers Cooperative's grain handling facility in Tecumseh, Neb., the U.S. Department of Labor's Occupational Safety and Health Administration has cited the company for 12 serious safety violations and proposed $62,101 in penalties.
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January 14, 2014 - Industry News
The Nebraska Department of Motor Vehicles announced the launch of a new online application for the issuance of trip and fuel permits.
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Truck driver Artak Medjbarian of Sherman Oaks, Calif., has pleaded guilty to conspiring with others to attempt to steal $163,000 worth of beef products from a Nebraska Beef facility in Omaha.
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Inland Truck Parts has now moved to a brand new, 37,000-square-foot facility in Scottsbluff, Neb.
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On my recent trip to Vapi, I decided to take a day's tour to the nearby Parsi coastal village called Udvada. The most important Zoroastrian religious center with lot of heritage value to it, Udvada is frequented by Parsis and Iranis from all over the world. 3,200 more words
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Sassanid Palace of Sarvestan
Magi and 'Fire Temples'
Zoroastrian Magi have always had a connection with fire.
But through the first 500 years of modern history, Magi were in a phase that rejected the idea of a place of worship and were radically against a temple of any sort. 92 more words
The Fire Temple of Isfahan
The Fire Temple is a Sassanid-era archaelogical complex located on a hill 8 Km West of the city center in Isfahan. The hill, which rises about 210 Meters above the surroundings plain, was previously called Maras or Marabin after a village near, and it is by that name that the site is referred to by Arab historians.
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text: Hey everyone. I jailbroke my 4g ipod touch without any trouble. Today i tried to jailbreak my wifes 3g 8gb with the rc4 greenpoison but no matter what i do it won't go into dfu mode. I hold both buttons but it seems like it isnt even getting as far as restarting itself. Any ideas? p.s. neither button is broken. Also after a few tries i restored from itunes to stock 4.1 and it still won't enter dfu mode.


text:
|11 Recensies
|Aparte Toiletten
|Ligging vakantiehuis
|Minimum verblijf
|7 nachten
Grote mooie Beachy huis Horse Shoes aangestoken om te spelen in de nacht, geweldig voor onderhoudend
slaapkamers, 2 badkamers en 2 halve baden, verzonken comfortabele woonkamer, grote keuken om kreeften en mosselen koken. Dicht bij alle stranden van deze regio, Tennis en Volleybal terrein met een speeltuin in de buurt. Dicht bij de luchthaven Westerly, treinstation, Taxidienst, The Beautiful Ocean huis in de buurt !! Zee gans Restaurant, goede restaurants hier in RI
Best family vacation ever!
★ ★ ★ ★ ★
We had our 3 generation family vacation here, and it was EVERYTHING we hoped it would be! Better than advertised! Clean, spacious, my grandchildren said it was the best vacation ever. Kitchen was equipped with more than I expected, as we have chefs and foodies in our clan and had a fantastic time creating gourmet meals together.
Paula and John were very helpful, generous, answered our questions in a timely manner, and put effort and thought into making our stay enjoyable.
The guys did a fishing charter, the girls shopped lol and in between we lounged on the beach and had wonderful family time.
So much to do in Westerly, or not if that is your wish. House was more than roomy enough for everyone to stretch out. Yard was great..kids had a ball playing horseshoes..and the hot tub! Even though it was warm, having a soak under the stars was memorable.
Beautiful home, honest hosts with family oriented sensibilities, this was a homerun all the way. Thank you again Paula and John!
Date of arrival
July 2, 2016
WE were celebrating my mother's 100th birthday in the area and it was perfect!!! There was a wonderful porch room downstairs with a pull out bed which was just right for mom's first floor needs....There are four good sized bed rooms upstairs. It is beautifully landscaped with some very nice outside seating area's... and so convenient to lots of good places to eat and shop.The Beach is but a few short miles away. We had a great week. Loved the big kitchen and the outside grill!!!!! Spent several nights sitting outside gazing at the stars..It was too hot for the Jacuzzi but I know it would be nice on a cool evening.
Thank you Ron and Paula your place was everything you said it was and more......
We have rented in the area for many years, this is the first house we rented that made it an actual vacation. From the moment we arrived to the day we left it was relaxing. The house was impeccably clean, comfortable, and appointed beautifully. The home is spacious and the kitchen is chef friendly. The only thing we needed to bring were our clothes, this house has it all! There were many amenities that made it enjoyable and easy to unwind. The bedrooms were very welcoming and serene. The owners left helpful suggestions including restaurants and were readily available should you need them. We are absolutely looking forward to vacation next year at this home!
We spent two fabulous weeks at this terrific property. It offered plenty of space for our 3-generations and the amenities kept everyone entertained. Wonderful house with sprawling decks and furniture. Convenient location and close to the beach. Reliable listing with responsive owners. Highly recommend this property!
Plenty of room for everyone. House was beautiful & kept very clean. Owners were very attentive and responded quickly to any needs or questions. Lots to do in this area. We went to some of the beautiful beaches close by, Mystic Aquarium was a great take, shopping village in Mystic, mini golf, go carts & ice cream in Narragansett, Foxwoods & Moheagan Casinos about 15 minutes away. Also, we all enjoyed the hot tub at the house. Fabulous! Something for everyone! Yes, I would recommend this house to a friend. Fun vaca!
The house was very accommodating. All kitchen utensils and linens were provided. Home was reasonably updated and clean. I enjoyed all the nooks and crannies to sneak off to when wanting some quiet time. Yard was private and well manicured.
Close in proximity to many beach activities, golfing and dining. Paula and John were very personable and friendly. Hope to return next year.
Stranden Stranden en stranden, Watch Hill, Ocean House, Shelter Harbor golfbaan, Langworthy Farm Winery, winkels, restaurants. Stranden, Fox Woods, Umbrella Factory
Dit huis is niet voor grote partijen. Strikt familie vakantiegangers
|Minimum prijs
|Extra nachten
|Weekend overnachting
7 nacht minimum verblijf
voor 7 nachten
|cleaning fee
Saturday to Saturday in at 3pm out 10am


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production in rose family
Plants of a number of species of the rose family contain dangerous cyanide compounds called cyanogenetic glycosides (glycosides capable of releasing hydrogen cyanide gas upon hydrolysis). The best known is amygdalin, which upon hydrolysis yields sugar, benzaldehyde, and cyanide. Benzaldehyde is a nonpoisonous compound providing almond, or amaretto, flavour and aroma. Cyanide, however, is a...


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February 29, 2012
QUINN F. SCOTT, ET AL.v.BIMBO BAKERIES, USA, INC., AND BIMBO FOODS BAKERIES, INC.
This case raises several issues under the Fair Labor Standards Act ("FLSA") and related Pennsylvania statutes. Plaintiffs, Quinn F. Scott, Ronald Sochacki, William J. Davenport, III, Robert Dando, Sr., Kevin Kazarnowicz,*fn1 on behalf of themselves and all others similarly situated ("Plaintiffs"), initiated this lawsuit against Defendants, Bimbo Bakeries USA, Inc. and Bimbo Foods Bakeries, Inc. ("Defendants") for alleged violations of the Pennsylvania Wage Payment and Collection Law ("WPCL"), 43 PA. CON. STAT. §§ 260.1 et seq. (Count I), the Pennsylvania Minimum Wage Act ("PMWA"), 43 PA. CON. STAT. §§ 333.101 et seq. (Count II), the FLSA, 29 U.S.C. §§ 201 et seq. (Counts III), and for negligent misrepresentation (Count IV).
Before the Court are Defendants' Motion to Dismiss and Plaintiffs' Motion for Approval of Notice to Potential Class Members. (Doc. Nos. 7, 9.) For the following reasons, Defendants' Motion will be granted in part and denied in part, and Plaintiffs' Motion will be granted.
Plaintiffs deliver fresh baked goods for Defendants nationwide, pursuant to Distribution Agreements that identify them as "independent contractors." Plaintiffs allege that, although they are classified as "independent contractors," Defendants control and manage their work and thereby treat them as their "employees." Under Defendants' alleged "nationwide policy" of mis-classifying their drivers in this manner, Plaintiffs contend that they were denied certain rights, privileges, and benefits owed to "employees" under the law. (Am. Compl. ¶¶ 21, 28-48.)
More specifically, Plaintiffs' amended complaint alleges that: - There are "unwritten policies" that Plaintiffs are expected to follow, which "govern the ordering of product, frequency of deliveries and manner of store service," id. ¶ 35; - Defendants "employ supervisors and managers . . . who have extensive supervisory and disciplinary control over the class members," and that "Defendants unilaterally increase or decrease orders placed by the Plaintiffs with or without prior notice," id. ¶¶ 37, 44-45; - Defendants "unilaterally determine which fresh baked good[s] products are available for purchase," and prohibit Plaintiffs from delivering baked goods which are in direct competition with their products, id. ¶¶ 46-47; - Defendants make "unauthorized deductions" from their pay and require them to cover "operation expenses," which reduces their salary below the federal minimum wage, id. ¶¶ 63-67; and - They are "required to work in excess of 40 hours per week without overtime pay. Specifically, Plaintiffs allege they regularly work from approximately 3:00AM -1:00PM five days per week in addition to 2-3 hours on Sundays . . . . [and] an extra half-hour every evening placing orders and adjusting orders." Id. ¶ 59.
On October 1, 2010, Defendants filed a motion to dismiss Plaintiffs' amended complaint. (Doc. No. 7.) On October 9, 2010, Plaintiffs filed a Motion for Approval of Notice to Potential Class Members, requesting that we conditionally certify this case as a collective action under the FLSA. (Doc. No. 9.) In response, Defendants requested leave to perform limited discovery to determine whether conditional certification was appropriate. We granted this request and the parties engaged in limited discovery pursuant to a joint discovery plan, which included depositions of named Plaintiffs and certain opt-in Plaintiffs, as well as targeted interrogatories and document requests. On October 3, 2012, after completion of this discovery period and supplemental briefing, we held oral argument on Plaintiffs' Motion.
Defendants' motion to dismiss and Plaintiffs' motion for conditional certification are now fully briefed and ready for disposition.
A. Standard of Review
When considering a motion to dismiss, the court must assume the veracity of well-pleaded factual allegations, construe them in a light most favorable to the plaintiff, and "then determine whether they plausibly give rise to an entitlement to relief." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950 (2009). The court may only look to the facts alleged in the complaint and its attachments when deciding a motion to dismiss. Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250, 1261 (3d Cir.1994). "'[B]are-bones' allegations will no longer survive a motion to dismiss: 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.' To prevent dismissal, all civil complaints must now set out 'sufficient factual matter' to show that the claim is facially plausible." Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir.2009) (quoting Iqbal, 129 S.Ct. at 1949).
B. Discussion
Defendants seek dismissal of each of Plaintiffs' claims, arguing that they failed to state claims for relief under the FLSA, PMWA, WPCL, and the Pennsylvania common law cause of action for negligent misrepresentation.*fn2 We will address each argument in turn.
1. Plaintiffs' Claims Under the FLSA
The FLSA requires employers to pay employees "engaged in commerce" no less than the federal minimum wage, 29 U.S.C. § 206(a), and to provide them overtime compensation for each hour worked beyond 40 hours a week. 29 U.S.C. § 207(a)(1). To state a claim under the FLSA for minimum wage and overtime compensation, plaintiffs must allege: (1) they are employees of the defendant; (2) that their "work involved some kind of interstate activity[;]" and (3) the approximate number of hours worked for which they did not receive these wages. See Zhong v. August August Corp., 498 F.Supp.2d 625, 628 (S.D. N.Y. 2007). In addition, where plaintiffs brings suit on behalf of themselves and those similarly situated, "the complaint should indicate who those other employees are, and allege facts that would entitle them to relief." Id.
Defendants argue that Plaintiffs' complaint does not contain sufficient facts to suggest that their compensation fell below the minimum wage or applicable overtime rate, as is required under the third element of the FLSA standard.*fn3 The United States Court of Appeals for the Third Circuit has not addressed how precisely a plaintiff must plead the third element of an FLSA claim and district courts are split on this question. While some district courts simply require plaintiffs to allege that they did not receive overtime or minimum wage payments,*fn4 others apply a more stringent standard and require plaintiffs to allege the approximate number of hours for which they did not receive such payments.*fn5
Viewing the alleged facts in a light most favorable to Plaintiffs, we conclude that a plausible FLSA claim has been pled, even under the more stringent pleading standard. Plaintiffs allege that they "were regularly paid less than the federal minimum wage that applied during the applicable limitations period by Defendants as payment for hours worked." In support of this allegation, Plaintiffs point to "numerous and various deductions" associated with "the delivery of the fresh baked goods" that allegedly caused their "wages to fall below minimum wage[,]" including "lease payments in regards to the truck lease, lease payments for computer equipment, insurance, the cost of returned 'off code' baked goods, the cost of servicing a sales area at its own direction and penalties or fees assessed by retail outlets[.]" (Am. Compl. ¶¶ 32, 52.)
Plaintiffs also allege that they "regularly worked more than 40 hours per week, but did not receive overtime pay. Specifically, Plaintiffs regularly work from approximately 3:00 AM -- 1:00 PM five days per week in addition to 2-3 hours on Sundays resulting in well over 40 hours per week. [Plaintiffs also] spend an extra half-hour every evening placing orders and adjusting orders. At no time were Plaintiffs ever paid an hourly wage or time and one half for overtime hours worked." (Am. Compl. ¶¶ 59, 98-100.)
Viewed in a light favorable to Plaintiff, their allegations reflect that they worked approximately 55 hours per week and that their compensation, which is not based on an hourly wage, fell below the federal minimum wage due to "deductions" and operational costs that they were required to assume. Although Plaintiffs do not include an actual calculation of their average hourly rate of pay, we conclude that such specificity is unnecessary at this stage. Plaintiffs allegations regarding their work schedule and a list of the "deductions" that allegedly reduced their compensation below the applicable minimum wage and overtime pay are more than sufficient to support a plausible FLSA claim and will allow Defendants to formulate a defense.*fn6
Defendants also contend that Plaintiffs have failed to allege facts which indicate that the other "similarly situated" Plaintiffs are entitled to relief under the FLSA. We disagree. Plaintiffs have presented this case as a collective action on behalf of other individuals who were "designated by Defendants as 'independent contractors' and/or 'independent operators' whom pick-up fresh baked goods from Mt. Laurel, New Jersey depot for delivery in Pennsylvania and New Jersey from 2007 to the present . . . and/or 'independent operators' nationwide from 2007 to the present." Plaintiffs claim that there are "over 30 class members in a depot located in Mt. Laurel, New Jersey" as well as "over several thousand" nationwide. Plaintiffs also provide that the allegations set forth in support of their claim apply to the potential class of similarly situated individuals and that each potential plaintiff was subject to the "uniform policies of Defendants" and "the same or substantially similar 'Distribution Agreement.'" (Am. Comp. ¶¶ 3, 16, 18-21.)
Viewing the alleged facts in a light most favorable to Plaintiffs, we conclude that they have identified the other potential class members with sufficient specificity and alleged facts that would entitle these individuals to relief. See Zhong v. August August Corp., 498 F.Supp.2d 625, 628, 631 (S.D.N.Y. 2007) (holding that to allege collective action, plaintiffs must provide allegations that identify the class of "similarly situated" plaintiffs and suggest that they are entitled to relief).
2. Plaintiffs' Claim Under the PMWA
Defendants further assert that Plaintiffs fail to state a plausible claim under the PMWA. However, Defendants acknowledge in their motion that the "general overtime pay requirement of the PMWA is substantively indistinguishable from that of the FLSA," and "Pennsylvania law substantially incorporates the standards and definitions of the FLSA." Because Plaintiffs have pled a plausible FLSA claim, we conclude that they have also pled a plausible PMWA claim.*fn7
3. Plaintiffs' Claim Under the WPCL
The Pennsylvania Supreme Court has stated that "[t]he Wage Payment and Collection Law provides employees a statutory remedy to recover wages and other benefits that are contractually due to them." Oberneder v. Link Computer Corp., 696 A.2d 148, 150 (Pa. 1997) (citing Killian v. McCulloch, 850 F.Supp. 1239, 1255 (E.D. Pa. 1994)). "Accordingly, a prerequisite for relief under the WPCL is a contract between employee and employer that sets forth their agreement on wages to be paid. . . . Relief under the WPCL is implausible without existence of a contract." Lehman v. Legg Mason, Inc., 532 F.Supp.2d 726, 733 (M.D. Pa. 2007). The "WPCL does not create a right to compensation. Rather, it provides a statutory remedy when the employer breaches a contractual obligation to pay earned wages. The contract between the parties governs in determining whether specific wages are earned." Weldon v. Kraft, Inc., 896 F.2d 793, 801 (3d Cir. 1990); Laborers Combined Funds v. Mattei, 518 A.2d 1296, 1298 (Pa. 1986).
Defendants argue that Plaintiffs fail to state a plausible claim under the WPCL because their allegations are not based on the breach of a "contractual obligation." Plaintiffs acknowledge that a WPCL claim must be predicated on a contract between the parties for wages, and point to § 3.5 of the "Distribution Agreement," which states:
In cases where the DISTRIBUTOR sells and distributes Products to Chains or Outlets, which have been approved by [George Weston Bakeries Distribution, Inc. (GWBD)*fn8 ] for credit, GWBD or its affiliates shall, at the request and for the convenience of DISTRIBUTOR, purchase properly filled out and executed charge slips and/or invoices from the DISTRIBUTOR at their face value, and credit DISTRIBUTOR'S account therefor. DISTRIBUTOR shall promptly remit all such necessary documentation to GWBD and sign such assignments and agreements as may be necessary to transfer to GWBD all receivables and accounts. If a Chain elects to pay for purchases of product on a scan, rather than delivery basis, GWBD or its affiliates shall purchase the receivable from DISTRIBUTOR at the full face value of the scan report.
For several reasons, we agree with Defendants that Plaintiffs' WPCL claim must be dismissed.
First, Plaintiffs' amended complaint references § 6.3 of the Distribution Agreement and not § 3.5 referenced above. In fact, Plaintiffs reference to § 3.5 as "a basis for payment" has only been raised by Plaintiffs in response to Defendants' motion. (Pls.' Resp. at 4.) Nonetheless, even if § 3.5 was referenced in the amended complaint, nothing in that language pertains to a contract for wages.
Further, even if § 3.5 of the Distribution Agreement was a proper basis for a WPCL claim in this case, Plaintiffs do not provide any allegations that suggest Defendants failed to purchase properly executed "charge slips" or "invoices" or that Defendants failed to "credit" Plaintiffs' accounts for such payment. Without any allegations to suggest that Defendants breached this, or any other, "contractual obligation to pay earned wages[,]" Plaintiffs have failed to plead a plausible WPCL claim. Plaintiffs alleged entitlement to minimum wage and overtime payments is based on federal and state statutory provisions, not the contract at issue, and therefore does not provide a basis to proceed under the WPCL.*fn9 See Lehman, 532 F.Supp.2d at 734 ("The WPCL does not provide relief for wages due under state or federal law[.]").
4. Plaintiffs' Negligent Misrepresentation Claim
Defendants also contend that Plaintiffs have failed to plead a plausible claim of negligent misrepresentation. (Def.'s Mot. at 18-22.) In order to prove negligent misrepresentation under Pennsylvania law, a plaintiff must show:
1) a misrepresentation of a material fact; 2) the representor either knew of the misrepresentation, made the misrepresentation without knowledge as to its truth or falsity or made the misrepresentation under circumstances in which he should have known of its falsity; 3) the representor intended the misrepresentation to induce the plaintiff to act on it; 4) the plaintiff acted in justifiable reliance on the misrepresentation; and (5) injury resulted to the plaintiff.
Horizon Unlimited, Inc. v. Silva, 1998 WL 88391, at *4 (E.D.Pa. Feb. 26, 1998) (citing Gibbs v. Ernst, 647 A.2d 882, 890 (Pa. 1994)).
Initially, we note that there is disagreement among the district courts within the Third Circuit regarding the pleading standard that applies to claims of negligent misrepresentation. Some courts have required plaintiffs to plead negligent misrepresentation in accordance with Federal Rule of Civil Procedure 9(b), which provides that "[i]n alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake."*fn10 Other courts, although declining to apply Rule 9(b), have held that a plaintiff must nonetheless "plead negligent misrepresentation with a degree of specificity."*fn11 We need not resolve this issue because an examination of the amended complaint reflects that Plaintiffs have not plead their claims with sufficient specificity even under the more lenient standard.
Plaintiffs allege that they "were purportedly hired by Defendants to work as 'independent contractors' and/or 'independent operators' pursuant to the terms of the Distribution Agreement[,]" although the Defendants "knew or should have known, at all times" that these "classifications in the Distribution Agreement were improper and that Plaintiffs and all other similarly-situated persons were 'employees[.]'" Plaintiffs further allege that "Defendants negligently misled Plaintiffs as to their employment status, the products available for purchase and sale and Plaintiffs' business autonomy" and that Plaintiffs "relied upon these misrepresentations in deciding to sign the Distribution Agreement." Plaintiffs contend that "[b]y its aforesaid conduct, Defendants are guilty of negligent misrepresentation for failing to take reasonable care in communicating to Plaintiffs that in fact all products would not be available for purchase and sale and that Defendants would regularly and consistently meddle in and control Plaintiffs' business affairs and that Plaintiffs would be treated as employees." (Am. Comp. ¶¶ 105-20.)
However, Plaintiffs do not allege when these alleged misrepresentations were made, who made them, or how they were communicated. It is also unclear whether these alleged misrepresentation were contained in the terms of the Distribution Agreement itself or in another oral or written statement by Defendants. In essence, Plaintiffs allege that "certain misrepresentations were made by Defendants" at some point "prior to the signing of the Distribution Agreement." (Pl.'s Resp. at 19-20.) Without more specific allegations regarding the nature of Defendants' misrepresentations or the circumstances surrounding these representations, we conclude that Plaintiffs have failed to plead their claims with the "degree of specificity" required. See Floyd, 159 F.Supp.2d at 834 (E.D. Pa. 2001) (dismissing plaintiff's claim where "[t]he Complaint contained no allegations whatsoever concerning specific negligent misrepresentations").
Because we conclude that Plaintiffs have pled a plausible FLSA claim, we must also consider their motion for conditional certification. Under the FLSA, plaintiffs may bring a "collective action" on behalf of "themselves and other employees similarly situated." 29 U.S.C. § 216(b). To proceed in this manner, plaintiffs must first obtain conditional certification of their proposed class by making a "preliminary showing" that they are "similarly situated" to potential class members. Symczyk v. Genesis Healthcare Corp., 656 F.3d 189, 192-93 (3d Cir. 2011).
The United States Court of Appeals for the Third Circuit has held that
to satisfy this requirement, plaintiffs must make a "modest factual
showing" by "produc[ing] some evidence, 'beyond pure speculation,' of
a factual nexus between the manner in which the employer's alleged
policy affected [them] and the manner in which it affected other
employees."*fn12 In undertaking this analysis, "the
merits of the plaintiffs' claims are not addressed."*fn13
Bishop v. AT&T Corp., 256 F.R.D. 503, 507 (W.D.Pa. 2009).
Plaintiffs seek to bring this case on behalf of:
All individuals who were designated by Defendants as "independent contractors" and/or "independent operators" whom pick-up fresh baked goods from the Mt. Laurel, New Jersey depot for delivery in Pennsylvania and New Jersey from 2007 to the present, and/or all individuals designated by Defendants as "independent contractors" and/or "independent operators" nationwide from 2007 to the present. (Am. Compl. ¶ 16.) Plaintiffs claim that the Defendants improperly designated these individuals as "independent contractors" and denied them certain benefits guaranteed to "employees" under the FLSA, including minimum wage and overtime pay. More specifically, Plaintiffs allege that, pursuant to a "nationwide policy," Defendants control these individuals as employees, but classify them as "independent contractors" to deny them the "benefits, rights and privileges owed to employees under the law." Plaintiffs further contend that there is "modest" evidence in the record to reflect that they are "similarly situated" to these potential class members. (Am. Compl. ¶¶ 16-26, 38-41; Pls.' Reply at 6-12.)
In independent contractor mis-classification cases such as the case before us, district courts are divided as to what type of evidence is relevant in considering whether the named and potential plaintiffs are similarly situated. Some courts view the evidence of similarity in light of all of the factors used to determine whether an individual is an "employee" under the FLSA.*fn14 In a second, different approach, other courts simply consider whether the plaintiffs have presented evidence of general similarities across the proposed class, including whether they share similar job responsibilities and work schedules or are uniformly classified as "independent contractors."*fn15
Lastly, there are courts who borrow from each of these approaches, considering certain factors relevant under the FLSA "employee" test, such as whether the defendant "controls" or "supervises" class members in a similar manner, and evidence of general similarities throughout the potential class.*fn16
We have examined these differing approaches to highlight the fact-specific nature of the "similarly situated" analysis as well as the court's broad discretion in determining whetherthe evidence establishes that plaintiffs and potential class members are sufficiently similar. For purposes of our analysis, we will apply the third, combined approach. We do so because this approach acknowledges the importance of the applicable legal standards under the FLSA regarding classifications as an "employee" as well as the other, broader factors considered in the second approach. This combined approach also does not entail an evaluation of the merits of Plaintiffs' FLSA claims, which is inappropriate at this stage, Bishop, 256 F.R.D. at 507. For the following reasons and under this more expansive method of review, we conclude that Plaintiffs have made a "modest factual showing" to warrant conditional certification.
Plaintiffs first point to evidence that suggests that potential class members, as a general matter, have similar job duties and share a similar business relationship with the Defendants.
According to Larry O'Neill, a "Distributor Liaison" who works for a subsidiary of Bimbo Foods Bakeries Distribution Inc., each delivery driver "owns the exclusive right to sell and distribute certain baked goods . . . in a defined geographical area." These drivers "purchase fresh baked goods . . . at various depots around the country, and then re-sell those products at a higher price to the [driver's] customers (e.g., grocery stores and convenience stores). The spread or 'margin' on those sales is one way that the [drivers] generate revenue." (O'Neill Dec., Doc. No. 23, ¶¶ 1, 3-4.)
Further, "[s]imultaneous with their purchase of sales and distribution rights, each [driver] enters into a Distribution Agreement" with Defendants or one of its affiliates. Id. ¶ 12. Plaintiffs contend that each of these Distribution Agreements are essentially the same. One similarity is that all drivers are classified as an "independent contractor" under the Agreement, which weighs in favor of conditional certification. See Westfall, 2007 WL 486606 at *9 (noting that classification of individuals as independent contractors is evidence of an overarching policy and "points toward the conclusion that the putative members of the collective action were subject to a single plan of the defendant"). Additionally, the applicable Distribution Agreements contained in the record are significantly similar, if not identical, in material respects.*fn17
Although Larry O'Neill noted that there are a "number of different Distribution Agreements currently in place[,]" the differences in those agreements are not substantial. O'Neill simply noted that the differing terms pertain to "geographic location, when the agreement was signed, and which . . . affiliate[] is a party to the agreement." (O'Neill Dec., Doc. No. 23, ¶ 12.)
Plaintiffs also point to evidence that suggests that they and proposed class members work over 40 hours per week. See (Kazarnowitz Dep. p. 221) (estimating he works between 50 and 60 hours a week out of Mount Laurel depot); (Ficcaglia Dep. p. 194) (estimating he works from 50 to 60 hours per week); (Sochacki Dep. pp. 140, 187-89) (reflecting that he works, on average, a little over forty hours per week); (Gagne Dep. p. 182) (reflecting he works 60 hours or more per week out of Texas depot). But see (Pascale Dep. p. 32, 34, 36-37) (reflecting that he may work less than forty hours per week). Although Defendants note that some potential class members work as "absentee" owners of their delivery routes or share work hours with others, overall, the similarities in the work hours of those deposed supports Plaintiffs' motion. See (Defs.' Resp. 8-9.)
There is also evidence that Defendants' alleged "nationwide policy" of treating their drivers as "employees" under the FLSA, rather than "independent contractors," may be applied to Plaintiffs and potential class members in similar ways. The FLSA broadly defines "employee" as "any individual employed by an employer." 29 U.S.C. § 203(e)(1). In light of this "expansive definition[,]" the Third Circuit has developed a six factors analysis to determine whether a plaintiff is an "employee" under the FLSA:
1) the degree of the alleged employer's right to control the manner in which the work is to be performed; 2) the alleged employee's opportunity for profit or loss depending on his managerial skill; 3) the alleged employee's investment in equipment or materials required for his task, or his employment of helpers; 4) whether the service rendered requires a special skill; 5) the degree of permanence of the working relationship; 6) whether the service rendered is an integral part of the alleged employer's business.
Martin v. Selker Bros., Inc., 949 F.2d 1286, 1293 (3rd Cir. 1991) (citing DialAmerica Marketing, 757 F.2d at 1382). In considering these factors, the court should also look to the totality of the circumstances and consider whether "as a matter of economic reality, the [plaintiffs] are 'dependent upon the business to which they render service.'" Id.
The evidence of record reflects that there are similarities in the way Defendants allegedly "control" Plaintiffs and potential class members. Plaintiffs have testified that, although they retain the right to return unsold products for credit within a certain time frame, Defendants have "audited" their returns, without consent, and charged them for "stale" products while working at the Mount Laurel depot.*fn18 Plaintiff, Robert Dando, Sr., testified that audits were also being performed at the New Castle, Delaware, depot and Plaintiff, Quinn Scott, testified that a driver from Texas told him that Defendants "threatened" them with "audits." (Dando, Sr., Dep. p. 98; Scott Dep. pp. 140-42.) Further, opt-in Plaintiff, James Wills, III, testified that he was subject to such audits working at a Texas depot. (Wills Dep. p. 190.)
Similarly, there is evidence that Defendants have a "policy" of assessing "fines" against Plaintiffs and proposed class members for "violations" of procedures dictated by the stores on their routes. See (Ficcaglia Dep. p. 82) (testifying that it was the "company's policy" of "withdrawing the money from our settlements" for "fines from different stores"); (Sochacki Dep. pp. 255-56) (testifying that "if a store fines you, [Defendants] take that deduction" from their pay). Cf. (Gange Dep. pp. 97-99) (testifying that he was cited by Defendants for not having an item in stock at a Texas depot); (Dando, Sr., Dep. pp. 71-72, 78) (testifying that drivers are cited for not having certain items in stores or not displaying them in certain ways).
Plaintiffs and potential class members working out of the Mount Laurel, New Jersey, andNew Castle, Delaware, depots also testified that Defendants exercise control over the products they can distribute. See (Sochacki Dep. pp. 32-33) (testifying that he was not allowed to sell particular products at Mount Laurel depot); (Ficcaglia Dep. pp. 120-21) (testifying that he was unable to order certain products at Mount Laurel depot); (Scott Dep. pp. 80-81) (testifying that "we were locked out of many" products at Mount Laurel depot); (Pascale Dep. p. 242) (testifying that he was "locked out" of certain products around holidays in New Castle depot). Relatedly, opt-in Plaintiff, Raymond Gagne, testified that Defendants have taken "responsibility" for ordering product "out of [his] hands" at the Texas depot with a computer system that provides suggested orders. (Gagne Dep. pp. 112-13) (testifying that Defendants use a computer system, called PROMPT, to control his product orders at Texas depot). But see (Wills Dep. pp. 151-53) (testifying that PROMPT system provides recommendations, which can be changed).
Lastly, there is evidence that Defendants control the profitability of Plaintiffs and potential class members. Under the Distribution Agreement, Defendants serve as the "agent" of their deliver drivers for the purposes of pursuing business opportunities and negotiating prices with "chains." (Doc. No. 7, Exs. A-G, J-K, § 5.2.) Although Defendants' status as agent is "revocable" under the Agreement, Defendants may in reality retain exclusive control on this issue. In an email to a driver who sought to negotiate with a "chain" on his own, Defendants' Distributor Liaison, O'Neill, stated that "customer chain stores will not likely deal with you directly on the subject of promos, invoices and the like." (Doc. No. 50, Ex. J.) In addition, the Distribution Agreement also requires Plaintiffs and potential class members to service chains that are not profitable in their sales area, as long as that chain is "profitable as a whole." (Doc. No. 7, Exs. A-G, J-K, § 4.1.) Plaintiff, Robert Dando, Sr., testified that individuals at the Mount Laurel and New Castle depots were unable to stop servicing unprofitable chain stores in their area, pursuant to this provision. (Dando, Sr., Dep. pp. 68-69.)
In light of the evidence reviewed above, we conclude that Plaintiffs have made a modest factual showing that Defendants' policies affected the employment of both the named Plaintiffs and potential class members. In reaching this conclusion, we acknowledge that Defendants have pointed to several individual differences between Plaintiffs and the proposed class members, including their own use of "employees" or "helpers" and their individual opportunities to generate profits. (Defs.' Resp. at 9-14.) Defendants have also noted that certain FLSA exemptions may apply to bar certain individual Plaintiffs and potential class members from collecting under the FLSA. (Defs.' Resp. 25-28.) However, at this preliminary stage of the case, these differences among proposed class members and the potential impact of FLSA exemptions do not undermine Plaintiffs' modest factual showing. See Westfall v. Kendle International, CPU, LLC, 2007 WL 486606 at *9 (N.D.W.V. Feb. 15, 2007) (holding that arguments regarding individual differences among class members, which are relevant to their status as "employees" under the FLSA, are better suited for second stage of the similarly situated analysis); Jirak v. Abbott Laboratories,566 F.Supp.2d 845, 849-50 (N.D.Ill. 2008) ("[T]he application of an FLSA exemption is an affirmative defense on which Defendant carries the burden of proof . . . [and] whether [plaintiffs] are exempt from the FLSA cannot be determined based on the limited record developed at this stage") (citations omitted).*fn19
Although not raised by the parties, Plaintiffs' simultaneous pursuit of class claims under the FLSA and PMWA raises a question as to whether supplemental jurisdiction should be exercised pursuant to 28 U.S.C. 1367(c)(4). Under this section, we may decline to exercise supplemental jurisdiction for "compelling reasons."*fn20
Our review of precedent on this issue reflects a lack of consensus amongst district and circuit courts as to whether it is appropriate to exercise supplemental jurisdiction where parallel federal and state claims are brought under different procedural mechanisms. In particular, under 29 U.S.C. § 216(b), which applies to FLSA collective actions, plaintiffs must affirmatively opt-in to the collective action. Conversely, under Federal Rule of Civil Procedure 23, which applies to state class action claims, plaintiffs are automatically enrolled in the class action unless they affirmatively optout. The Third Circuit has not yet been presented with this specific issue.*fn21
Several district courts within the Third Circuit have concluded that the FLSA opt-in mechanism and the Rule 23 opt-out mechanism for supplemental state law claims are "inherently incompatible" and offer a compelling reason to decline jurisdiction. See, e.g., Woodard v. FedEx Freight East, Inc., 250 F.R.D. 178, 182-83 (M.D.Pa. 2008) (declining to exercise supplemental jurisdiction under 1367(c)(4) and concluding that "where a plaintiff asserts an FLSA collective action and a state law Rule 23 class action, both of which are predicated on the same facts and seek to vindicate identical statutory rights, but the state law lacks an opt-in requirement, the simultaneous prosecution of these claims will undermine the objectives Congress sought to achieve by amending section 216(b) to require written consent to become party plaintiffs to FLSA actions."); Ramsey v. Ryan Beck & Co., 2007 WL 2234567, at **2, 4 (E.D.Pa. Aug. 1, 2007) (finding that "FLSA collective actions are inherently incompatible with Rule 23 state-law class actions, and thus cannot be brought simultaneously in federal court under one lawsuit" and further determining that "to exercise supplemental jurisdiction over [the] state-law class action would be an abuse of discretion" where novel and complex issues have not yet been addressed by the Pennsylvania courts).
Several circuit courts, however, have rejected the argument that these claims are inherently incompatible, and in the alternative, have concluded that these types of claims may proceed concurrently. See Shahriar v. Smith & Wollensky Rest. Grp., 659 F.3d 234, 249-50, 253 (2d Cir. 2011) (finding no abuse of discretion in district court's decision to exercise supplemental jurisdiction and affirming class certification of state law claims); Ervin v. OS Rest. Servs., Inc., 632 F.3d 971, 980 (7th Cir. 2011) (concluding that "while there may in some cases be exceptional circumstances or compelling reasons for declining jurisdiction, the 'conflict' between the opt-in procedure under the FLSA and the opt-out procedure under Rule 23 is not a proper reason to decline jurisdiction under section 1367(c)(4)"); Wang v. Chinese Daily News, Inc., 623 F.3d 743, 760 (9th Cir. 2010) (holding that "the district court acted within its power and did not abuse its discretion in choosing to exercise supplemental jurisdiction" where FLSA claims were brought concurrently with state wage and hour claims); Lindsay v. Gov't Emps. Ins. Co., 448 F.3d 416, (D.C. Cir. 2006) ("We do not view the difference between the opt-in procedure provided by section 216(b) for FLSA claims and the opt-out procedure for state law claims provided by Rule 23 as fitting the 'exceptional circumstances'/'other compelling reasons' language of section 1367(c)(4)" and further stating that "[w]hile there is unquestionably a difference . . . between opt-in and opt-out procedures, we doubt that a mere procedural difference can curtail section 1367's jurisdictional sweep").
We find persuasive the Second Circuit's analysis in Shahriar, which rejected the argument that FLSA opt-in actions are inherently inconsistent with parallel state law opt-out actions. See Shahriar, 659 F.3d at 247-48. The Shahriar court reasoned that "nothing in the language of the FLSA prevents the exercise of supplemental jurisdiction over Plaintiffs' state law wage claims." Id. The court also correctly noted that Congress did not expressly prohibit the exercise of supplemental jurisdiction in the FLSA, which it is permitted to do under the doctrine of express preemption. The court stated that it "did not read the plain language of § 216(b) as restraining any remedies available to employees under state law or as affecting a federal court's ability to obtain supplemental jurisdiction over state employment actions." Id.
Further, the Shahriar court recognized the FLSA's savings clause, which "makes clear that states may enact wage laws that are more protective than those that are provided in the act." Id. This clause provides:
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter.
29 U.S.C. § 218(a). Thus, the FLSA creates a floor from which states can act, not a ceiling. Finally, the Shahriar court noted that the legislative history of the FLSA's opt-in provision,
which was added to the FLSA in 1947 through the Portal-to-Portal Act, "provides no support for precluding joint prosecution of FLSA and state law wage claims in the same federal action." Shahriar, 2011 WL 4436284 at *10. We conclude, therefore, consistent with the Second, Seventh, and D.C. Circuits, that "while there may in some cases be exceptional circumstances or compelling reasons for declining jurisdiction, the 'conflict' between the opt-in procedure under the FLSA and the opt-out procedure under Rule 23 is not a proper reason to decline jurisdiction under section 1367(c)(4)." Ervin, 632 F.3d at 980.
We acknowledge, however, that the supplemental jurisdiction question is "case-specific," and requires an examination of "the scope of the state and federal issues, the terms of proof required by each type of claim, the comprehensiveness of the remedies, and the ability to dismiss state claims without prejudice to determine whether the state claim constitutes the real body of the case." De Asencio v. Tyson Foods, Inc., 342 F.3d 301, 312 (3d Cir. 2003).*fn22 Facts developed during the course of discovery could implicate these factors and impact the court's supplemental jurisdiction analysis. Consequently, although we will maintain jurisdiction over the PMWA claims, Defendants may, if they deem appropriate, seek dismissal of these claims on supplemental jurisdiction grounds at the close of discovery, based upon a complete picture of the class-based claims at issue.
For the foregoing reasons, Defendants' Motion to Dismiss is granted in partand deniedin part, such that Plaintiffs' WPCL and negligent misrepresentation claims are dismissed. In addition, Plaintiffs' Motion for Approval of Notice to Potential Class Members and for Approval of Form of Preliminary Class Notice and Consent to Opt-In Form is granted.
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Zero Cool Gallery is staging the 'one night only' exhibition titled Precious Damage with artists Copyright (UK) and Numskull (AUS) at Red Bull Studios, London Bridge on the 17th of February.
The concept for Precious Damage is a simple one each artist has produced fifty works on card using a mixture of paint, paste and print which will be used to panel the walls of Red Bull Studios. The pieces all priced at £100 once purchased will be taken straight off the wall so over the course of the evening the installation breaks apart... so if you come fashionably late to this one then you're going to miss out. If you would like to be added to the guestlist please email: firstname.lastname@example.com
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In Fig. 2.3 (bottom) one can see the definitions of the elements of spin density matrix .
Spin in density‐functional theory
In particular, we provide an in‐depth discussion of the exact theory, with a focus on the role of the spin density and possibilities for targeting specific spin states.
Density Functional Theory
current spin density functional theory .


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You know if it was some nonsense speech, the mainstream media would hang on every word and leave every microphone and camera on until the very last moment.
But when it is a pastor from a black church literally anointing Donald Trump, the cameras shut off mid-stream.
Trump received a standing ovation from members of a black church in Detroit after his speech on the importance of the black faith community in American life.
And when the pastor took the stage to present Trump and his wife with their own bible and draped a prayer shawl over his shoulders, the video feed cut out from every major network.
Bishop Wayne Jackson began to address Trump and the parishioners:
"This is a prayer shawl straight from Israel. Whenever you're flying from coast to coast — I know you just came back from Mexico and you'll be flying from city to city — there is an anointing. And anointing is the power of God," the pastor said. "It's going to be sometimes in your life that you're going to feel forsaken, you're going to feel down, but the anointing is going to lift you up. I prayed over this personally and I fasted over it and I want to just put this on you."
At that pint, the bishop put the shawl over Trump and gave him the bibles: "When things seem like it's almost impossible, you will read Mark 9:23 – 'If thou can believe, all things are possible," he said.
And then the cameras cut off, See for yourself:
Watch while Pastor Jackson gifts Donald Trump with blessing until @FoxNews cut the air feed. Thank you Pastor pic.twitter.com/fjD16nEF9F
— DAR FOR TRUMP (@DarHuddleston) September 3, 2016
Corrupt,lying,LSM cuts feed bc they can't handle when Detroit pastor does this
Pastor presents Trump w/Prayer Shawl & Bible & says, "All things are possible."
Somewhere… "CUT IT! CUT THE FEED!"https://t.co/HgHlCmUQbx
— Boston Bobblehead (@DBloom451) September 3, 2016
It was a poignant and dramatic moment – exactly what Hillary Clinton's people can't let the world see. Is it even possible that all the networks cut the feed because the Hillary campaign demanded it.
Well as the pastor said: "All things are possible."


text: Home Recipes Healthy Eating Low Carb Recipes Low Carb Dinner Recipes Share: Low Carb Dinner Recipes Looking for low carb dinner recipes? Find low carb dinner recipes including low carb chicken dinners, easy low carb dinner recipes, and more low carb dinner recipes and ideas. Recipe Spotlight Bacon-Garlic Chicken Help yourself to my wonderful Italian stovetop chicken. It can be thrown together in minutes but tastes like you made a big fuss. —Yvonne Starlin, Westmoreland, Tennessee Get Recipe More Low Carb Dinner Recipes Sort: Most Relevant Highest Rated Previous Page 1 2 3 ... 189 Next Page Quick Chicken Piccata Quick Chicken Piccata Laced with lemon and simmered in white wine, this stovetop entree is super easy and elegant. Just add sides of bread and veggies to make it into a great meal. —Cynthia Heil, Augusta, Georgia View Recipe Can-Can Chicken Can-Can Chicken Here's a tasty take on the popular beer-can chicken. Once the bird is on the grill, the work's basically done. And cleanup is a cinch—a must for a guy like me. —Steve Bath, Lincoln, Nebraska View Recipe Chicken Marsala with Gorgonzola Chicken Marsala with Gorgonzola We live near the Faribault, Minnesota caves that are used to age the lovely Amableu Gorgonzola cheese. Chicken topped with melting Gorgonzola is quick enough for weeknight cooking but also elegant enough for a dinner party. —Jill Anderson, Sleepy Eye, Minnesota View Recipe Advertise with us ADVERTISEMENT Oven Barbecued Chicken Oven Barbecued Chicken Chicken and Sunday dinner belong together. During my married life on a dairy farm, I'd make and bake chicken before church. — Esther Shank, Harrisonburg, Virginia View Recipe Tangy Parmesan Tilapia Tangy Parmesan Tilapia Lime juice perks up this delicious and good-for-you dish Deborah Purdue sent from her kitchen in Westland, Michigan. She writes, "I was looking for a fish coating that didn't have bread crumbs or flour when I came across this one." View Recipe Family-Favorite Pasta Sauce Family-Favorite Pasta Sauce This hearty Italian-style meat sauce has a sweetness that I really love. It's the recipe I use for spaghetti, lasagna and gnocci, which I bake with mozzarella and Parmesan on top.—Jody L Bober, St Clairsville, Ohio View Recipe Bacon Jack Chicken Bacon Jack Chicken Pepper Jack cheese adds extra warmth to this golden brown chicken topped with tender veggies and bacon. It cooks in no time, and you can vary the flavor by substituting different cheeses. Dawn Jones - Cedar Vale, Kansas View Recipe Easy Salisbury Steak Easy Salisbury Steak This meat dish can be made in 25 minutes or made ahead and reheated with the gravy in the microwave. I often double the recipe and freeze one batch of cooked steaks and gravy for an even faster meal on an especially busy night.—Carol Callahan, Rome, Georgia View Recipe Tuscan Pork Medallions Tuscan Pork Medallions Pork tenderloin gets delightful Italian flavor from prosciutto, tomatoes and garden herbs. The beautifully browned slices are quick enough for weeknights yet will impress your guest. —Lorraine Caland, Thunder Bay, Ontario View Recipe Balsamic Roast Chicken Balsamic Roast Chicken When the aroma from this dish fills your house, your family will think you spent all day cooking. But this elegant, Sunday-special roast chicken, flavored with rosemary, wine and balsamic vinegar, is surprisingly simple to make. —Tracy Tylkowski, Omaha, Nebraska View Recipe Shrimp Gumbo Shrimp Gumbo It's not Mardi Gras if you don't have gumbo! Enjoy this well-seasoned authentic gumbo, even if you're not from the bayou. —Jo Ann Graham, Ovilla, Texas View Recipe Previous Page 1 2 3 ... 189 Next Page Advertise with us ADVERTISEMENT Advertise with us ADVERTISEMENT


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Aww, one of you made a Destructoid shirt for Animal Crossing
Have you trawled the quickposts yet today? It's Mech Girl Monday, a time-honored tradition that I am all about as a way to start the work week off right. Today also brings a thoughtful gift from your friendly neighborhood community member i... read


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Give us a call to get our secret deals 800-468-3578
Property Location
With a stay at Tai Ming Plaza Hotel, you'll be centrally located in Chamkar Mon, convenient to AEON Mall and Tuol Sleng Genocide Museum. This hotel is within close proximity of Sovanna Phum Theater and Sovanna Phum Art Association & Art Gallery.
Make yourself at home in one of the 117 air-conditioned rooms featuring minibars (stocked with some free items) and flat-screen televisions. Complimentary wireless Internet access keeps you connected, and satellite programming is available for your entertainment. Private bathrooms with showers feature complimentary toiletries and hair dryers. Conveniences include phones, as well as safes and desks.
Take advantage of recreation opportunities including an outdoor pool and a fitness center. This hotel also features complimentary wireless Internet access and concierge services.
Enjoy a meal at a restaurant or in a coffee shop/café. Or stay in and take advantage of the hotel's room service (during limited hours). For your convenience, a complimentary breakfast is served daily.
Business, Other Amenities
Featured amenities include a 24-hour front desk, multilingual staff, and luggage storage. Planning an event in Chamkar Mon? This hotel has facilities measuring 452 square feet (42 square meters), including a meeting room. A roundtrip airport shuttle is provided for a surcharge (available on request).
You must present a photo ID when checking in. Your credit card is charged at the time you book. Bed type and smoking preferences are not guaranteed.Your reservation is prepaid and is guaranteed for late arrival. The total charge includes all room charges and taxes, as well as fees for access and booking. Any incidental charges such as parking, phone calls, and room service will be handled directly between you and the property.


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Pastor of Spiritual Formation (11715)
This posting is no longer available. This is either because the employer has filled the position or the position has closed. Click here to find more jobs like this one.
The Shepherd's Staff
Northwest Indiana, Indiana, United States
Presented by The Shepherd's Staff (www.TheShepherdsStaff.com)
Position: Pastor of Spiritual Formation (11715)
Location: Northwest Indiana
Church Size: 1,100+
Denomination: Non-Denominational
Direct Link to Position: http://tinyurl.com/9bvxh2f
The Shepherd's Staff is partnering with a large church in Northwest Indiana to find its next Pastor of Spiritual Formation.
This independent evangelical church of over 1,000 worshippers is committed to spreading the Word about Jesus Christ throughout Northwest Indiana and the world as they grow a community of Christ followers who are enjoying God together. The church is known for contemporary worship, relevant expository preaching, discipleship through small groups, a passion to win as many as possible for Christ and a commitment to overseas missions.
The Pastor of Spiritual Formation is the catalyst for fostering healthy spiritual, relational and numerical growth at the church for the glory of God and the advancement of His kingdom. The gifts of leadership, administration and teaching will be essential for this position.
This job will require you to…
Provide Leadership for Spiritual Formation Communities
- Get people "plugged in" and growing through our small group Ministry. This is already a vital part of the life of Calvary Church, which needs continual oversight, and vision as the church grows.
- Develop and train leaders
- Oversee all aspects of biblical teaching in small groups
- Oversee the assimilation process in small groups
- Provide leadership and guidance for the men's ministry
- Plan and oversee electives each calendar year, which includes themes of marriage, parenting, sexual purity, suffering, finances, and Biblical/theological intro (other themes can also be included).
- Develop a discipleship program to assist in the identification of upcoming leaders and their spiritual growth and development.
Provide Leadership for Pastoral Care / Counseling
- Develop and implement an overall vision and strategy that provides care, counseling and support to those in need in our congregation. Much of this will be done by identifying, training and equipping individuals in the church to counsel, also individually maintaining a healthy counseling load.
- Compassion Team. The Compassion team will focus on "mercy" ministries including visitation to those who are sick, shut-in, hospitalized, or struggling.
- Contribute to the vision and leadership of the church as a member of the staff and elder team.
- Participate in the regular worship services: by handling announcements and other portions of the service as well as developing an after service prayer / counseling team to oversee
- Weddings, funerals and some hospital visitiation
- Bachelor degree, preferably in Religion / Theology
- Seminary degree preferred
- Experience in a growing church, especially with small groups, assimilation and Spiritual Formation.
- Counseling Experience
This summary is not comprehensive, but it is designed to give you a taste of what the church and the position are about. If you are reading this and responding strongly to the opportunity, you should let us know. Full details are available to you after an initial discussion with The Shepherd's Staff. Here is a direct link to the information with instructions:
Questions: Contact email@example.com
Presented by The Shepherd's Staff (www.TheShepherdsStaff.com)
Position: Pastor of Spiritual Formation (11715)
Location: Northwest Indiana
Church Size: 1.100+
Denomination: Non-Denominational
Direct Link to Position: http://tinyurl.com/9bvxh2f
To apply for this job opening, please first post your resume.
Date Posted
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- Fairfax, Virginia
- December 8
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- Orland Park, Illinois
- December 8
Elementary Programming DirectorParkview Christian Church
- Orland Park, Illinois
- December 8
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- Orlando, Florida
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Associate PastorWillamette Community Church
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- December 8
The Shepherd's Staff
The Shepherd's Staff is an executive search firm dedicated to helping North American churches hire the staff required to keep growing. Our confidential 'network of networks' enables us to significantly increase the number of qualified candidates available to churches for key hires.More...


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Charlotte Baldwin Creighton W Dds
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YP - The Real Yellow PagesSM - helps you find the right local businesses to meet your specific needs. Search results are sorted by a combination of factors to give you a set of choices in response to your search criteria. These factors are similar to those you might use to determine which business to select from a local Yellow Pages directory, including proximity to where you are searching, expertise in the specific services or products you need, and the amount of useful content in the listing, such as consumer reviews, detailed descriptions and photos, to help you evaluate a business's suitability for you. In addition, YP advertisers receive higher placement in the default ordering of search results on our sites and apps, and they may appear in sponsored listings on the top or side of the search results page.
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Explore these ideas and much more!
I can't believe this is a budget kitchen reno - absolutely amazing DIY that looks like they spent a ton eclecticallyvintage.com
Kitchen - White Sheik look, See more inspirations at http://www.brabbu.com/en/inspiration-and-ideas/ #LivingRoomFurniture, #ModernHomeDécor, #MarbleDécorIdeas
15 Great Storage Ideas For The Kitchen Anyone Can Do You know it's going to be interesting when a blog starts of saying, "Kitchens are the rooms of houses which housewifes waste their life." Pillar in between kitchen, living room, stairs, and dining room.
Moving into the kitchen, Pinners all want a rustic wood floor and large center island. We love that this one is a different color than the surrounding white cabinets to make it pop.
kitchen island nook. For if you do the bar instead of the island. I love the breakfast nook feel! @phyllisjrobbins
I love the mix of materials and colours in this kitchen. The black rangehood works beautifully with the charcoal grout on the subway tiled splashback.


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Large ears perked, awesome Avery is packed in his picnic basket and ready to go.
This is one handsome and happy fella who not only loves running and playing with
the other dogs in his foster home, but loves curling up in his foster mom's lap for the
belly rubs he adores.
He would even curl up with his feline friends if they would purr-mit it. But, sadly,
they don't. Eager to learn and to please, adaptable Avery is both crate and
housetrained, and remains calmly crated while his foster mom's at work. His
reward? More of the playtime he loves. Good with children and adults alike, what
amiable Avery would really like is to make his forever home one of smiles and sweet
loving. Avery's adoption fee is $250.00.
We do not adopt outside of the state of Colorado.
If you are interested in adopting this litte one, please go to our website at www.chihuahua-smalldogrescue.org and submit an online adoption application. We will only receive your application from our website www.chihuahua-smalldogrescue.org
Thank You!
Your message has been sent to Chihuahua & Small Dog Rescue.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Product Highlights
D-Link offers this DCSP-16 support package with the understanding that from the small business to the enterprise, network availability and uninterrupted operation are of the utmost importance for the success of that business. To achieve this end, D-Link has partnered with Unisys to deliver a powerful program of world-class hardware maintenance services. As a result D-Link offers one of the largest available geographic footprints for rapid response onsite support services.


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Welcome to dickblick
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Chroma A>2 Lightfast Acrylic offers professionals and beginners alike a great artists' quality paint at a low student-grade price. It has a high pigment load and dries to a low gloss finish.
Set of 4
Contains 4 colors in 120 ml tubes. Colors include Titanium White, Cadmium Yellow Medium Hue, Cadmium Scarlet Hue, and Ultramarine Blue.
Set of 6
Contains 6 colors in 250 ml jars. Colors include Cadmium Red Medium Hue, Cadmium Yellow Medium Hue, Ivory Black, Phthalo Green Hue, Titanium White, and Ultramarine Blue.
Set of 8
Contains 8 colors in 120 ml tubes. Colors include Titanium White, Cadmium Yellow Light Hue, Cadmium Orange Hue, Cadmium Red Medium Hue, Alizarine Crimson Hue, Dioxazine Purple, Phthalo Blue, and Phthalo Green.
Color Chart Note — Use this color chart as an approximation of the real color. If exact color matching is necessary, use actual samples of the materials.
120 ml
4 oz
250 ml
8.47 oz
see also ...
® Chroma is a registered trademark.
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(based on 23 reviews)
Ratings Distribution
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Reviewed by 23 customers
Displaying reviews 1-10
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Blick the Blank canvas,
By Dogman
from Georgia
Comments about Chroma A2 Student Acrylics:
I'm an artist that specializes in pet portraits and discovered A2 acrylic paints from my brother so I decided to give them a try myself and they are awesome, the pigment is strong and texture is buttery smooth, the price was the most incredible thing, cheap cheap cheap I'm going to stick with it
Bottom Line Yes, I would recommend this to a friend
Images shared by Dogman
My latest dog using A2 acrylic paints
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Good coverage, holds brushstrokes
By EmilyArt
from Hastings MI
Alright so I'm an art student and I wanted quality acrylics that I could use for study and for professional quality pieces. I didon't want to pay a lot of money but I knew that I would have to balance price with quality. I did my research and came back to these paints every single time. I have not been disappointed with them. They have a rich, buttery consistency, and hold brushstrokes very well. The coverage is excellent, very high opacity.The only thing I didn't like was the fact that everywhere was back ordered due to the popularity of these paints. Even so, I still got them reasonably fast, and I'm very happy with my purchase.
Chroma is great
By Judith
from Woodstock, NY
This brand of acrylic is a good buy with long lasting colors. I have tried many student grades of acrylic for the senior art class. One problem I have is with the screw tops on any brand of acrylic. The senior don't wipe the threads clean before replacing the tops. They get all gunned up and soon the tops won't screw down and the paints get dried out. The other brands with the snap down lids are even worse. Really appreciate the plastic tubes of paint over any other kind. Easy to squeeze out the last drop
Finally! Paint that works like I want it to!
By artTeacherNY
from Rochester, NY
I've used Basic brand paint for my high school art students for a very long time, but we have problems with certain colors opacity. Finally, I've found a white and a black that are a little thicker, more pigmented, and work well with the other paints we already have!
Great paints
By Shouldergirl
from Saratoga New York
This paint is a great acrylic for a great price for students. I love my primary paint I purchased from here, and will most likely be ordering from here in the future.
Checking out different products.
By Apple
from Albuquerque, NM
I have 22 of Chroma Interactive Artists' Acrylics, but I've hesitated to use them yet. I have limited experience with acrylics, and decided I should begin with student brands first. I purchased some Chroma A2 student acrylics and I am experimenting with them. So far, I'm quite pleased with them, and plan to buy more.
Paint exceeds all expectations
By Mo
from Rock Hill, SC
I used this paint for my acrylic art class and it worked wonders. It plays nicely with other brands and its possible to get some really nice consistencies. I have only used two other brands of acrylic paint and A2 surpasses them by a large margin.
Great Paint!
By JC
from NJ
This acrylic is not only a great deal it's great paint. I think it's on par with professional paint despite the name student. Very good deal. The metallics are beautiful too.
I would buy this product again
By ss
from Texas
I'm using this product on canvas in an art class.
good acrylic
By Artroom15
from Cumberland Gap, TN
good paint and lightfastness. buttery consistency.
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World Series Game 2 Betting Preview
Philadelphia Phillies at Tampa Bay Rays
Thursday, 8:05 pm Eastern – FOX
SBG Global Opening Line: Rays - 154 , Total 8.5 Under - 120
Game 2 of the World Series takes place on Thursday night in Tampa Bay as the Rays host the Philadelphia Phillies. It is a key game as either the series will be tied or it will be 2-0. The pitching matchup has Brett Myers going for the Phillies against Tampa's James Shields.
SBG Global reports that early MLB betting has the public taking Rays at Home.
Myers has been much better at home than on the road for the Phillies this season. He was 3-8 with a 6.21 ERA on the road. Shields was great at home this year but was not quite as good in the ALCS against Boston. He gave up four runs on nine hits in Game 6 in the loss to the Red Sox.
Here are the MLB betting stats for Thursday's game. The Phillies are 4-0 in their last 4 Thursday games. The Phillies are 9-3 in their last 12 road games vs. a right-handed starter. The Phillies are 6-17 in their last 23 interleague road games. The Phillies are 10-4 in Myers' last 14 starts. The Phillies are 5-14 in Myers' last 19 road starts. The Phillies are 1-5 in Myers' last 6 interleague starts. The Phillies are 1-6 in Myers' last 7 starts vs. the American League East.
The Rays are 7-1 in their last 8 vs. the National League East. The Rays are 42-13 in their last 55 home games vs. a right-handed starter. The Rays are 20-7 in Shields' last 27 home starts.
The Under is 5-1 in the Phillies last 6 interleague games vs. a right-handed starter. The Under is 12-3 in the Phillies last 15 Thursday games. The Under is 7-2 in the Phillies last 9 interleague games. The Under is 5-2 in the Phillies last 7 road games. The Under is 4-1-1 in Myers' last 6 road starts. The Over is 6-2 in Myers' last 8 starts vs. the American League East. The Under is 9-4-1 in Myers' last 14 starts overall.
SBG Global Current Line: Rays - 155 , Total 8.5 Under - 120
The Over is 5-0 in the Rays last 5 Thursday games. The Under is 4-0 in the Rays last 4 home games. The Over is 6-2-1 in the Rays last 9 vs. the National League East. The Over is 21-7 in the Rays last 28 games vs. a right-handed starter. The Under is 20-8-1 in the Rays last 29 interleague home games. The Over is 5-0 in Shields' last 5 interleague starts.
Pick Drays 4 out of 5 units


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2012-05-25Ombudsman Slams CDM's 'Homophobic' Remarks, Proposal
Public Defender, Giorgi Tugushi, said a proposal by lawmakers from Christian-Democratic Movement (CDM) to amend constitution to, as sponsors of the bill say, "protect morality", was "absolutely inadmissible."
2012-05-23Activities of Religious Minorities in Georgian Media
According to the media-monitoring results carried out by Internews, newspaper Batumelebi is most active in reporting about religious minorities and newspaper Resonansi is the most passive in this direction.
2012-05-22Georgian-Ossetian Civil Dialogue – Excellent Grade
Ruslan Kokoev lives in the Java district. He went to Istanbul to meet his Georgian colleagues in a Georgian-Ossetian civil dialogue which was held for four days. During the dialogue, Georgians and Ossetians spoke very openly and frankly about the problems that hinder the conflict resolution process.
2012-05-21John Bass: "Freedom of Expression Is Urgently Important for Any Developing Democratic Society"
Representatives of the Georgian nongovernmental organizations participated in the Assembly of the Rome Statute State Parties in The Hague Human Rights Center Appealed the Court against Medical Clinic Lancet Ministry of Corrections to Pay 60 000 GEL to the Prisoner Human Rights Center calls on the media to cover the court hearings into the case of the lawyer Giorgi Mdinaradze Sulkhan Molashvili's family gets back the property handed over to the state in 2004 Archive
Disbelief based on partiality Reality is different
In recent days, Campaign This Affects You has become more active for the society. A new slogan has appeared on the famous label
Fragile Peace in Balkans
Hungry Commission Members and Commission Chairpersons Angry with Observers in Batumi
Villages of the Hopeless
I learned about healing water Dzuguri first several days ago. Having searched information, we learned that Dzuguri water is sold near the chain
What happened to Dream of Justice Revival?
Triggers of Prisoners' Mass Protests