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November 26, 2010
CRAIG G. COOPER, PLAINTIFF,v. JAMES YATES, DEFENDANT.
(ECF No. 1)
Plaintiff Craig G. Cooper ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The action proceeds on Plaintiff's so-titled "1st Amended Complaint," filed January 13, 2009 in which Plaintiff alleges that Defendant Yates ("Defendant") failed to protect Plaintiff and acted with deliberate indifference to his medical needs in violation of the Eighth Amendment. (ECF No. 1.) This action was originally filed in State Court and then removed by Defendant to this Court.
On July 22, 2010, Defendant filed a Motion to Dismiss Plaintiff's Complaint, arguing that Plaintiff failed to state a cognizable claim, that Defendant is entitled to qualified immunity, and that certain of Plaintiff's claims are barred by time requirements under California's Government Claims Act. (ECF No. 25.) Plaintiff filed an opposition on August 5, 2010. (ECF No. 26.) Defendant filed a reply on August 8, 2010. (ECF No. 27.)
In his Complaint, Plaintiff alleged the following facts: In 1999, Plaintiff was transferred to Pleasant Valley State Prison ("PVSP"). He remains in custody there. Plaintiff began having breathing and other health problems in July 2006. He received treatment at PVSP and then was transferred to an outside hospital where he was diagnosed with Ciccidioidomycisis ("Valley Fever"). Plaintiff receives ongoing medical treatment for this condition.
Plaintiff brought suit against James Yates, Warden of PVSP, arguing that Defendant failed to warn or protect Plaintiff from exposure to Valley Fever in violation of the "Government Codes (Calif.)" and Plaintiff's Eighth Amendment rights. Plaintiff also brought suit for intentional tort and general negligence.
The Court found, in its screening order dated February 11, 2010, that Plaintiff's Eighth Amendment claims against Defendant were cognizable and could go forward. (ECF No. 13.)
A motion to dismiss pursuant to Rule 12(b)(6) tests the legal sufficiency of a claim. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). Because the focus of a 12(b)(6) motion is on the legal sufficiency, rather than the substantive merits of a claim, the Court ordinarily limits its review to the face of the complaint. See Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980 (9th Cir. 2002). Generally, dismissal is proper only when the plaintiff has failed to assert a cognizable legal theory or failed to allege sufficient facts under a cognizable legal theory. See SmileCare Dental Group v. Delta Dental Plan of Cal., Inc., 88 F.3d 780, 782 (9th Cir. 1996); Balisteri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988); Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 534 (9th Cir. 1984). Further, dismissal is appropriate only if it appears beyond a doubt that the plaintiff can prove no set of facts in support of a claim. See Abramson v. Brownstein, 897 F.2d 389, 391 (9th Cir. 1990). In considering a Rule 12(b)(6) motion, the Court accepts the plaintiff's material allegations in the complaint as true and construes them in the light most favorable to the plaintiff. See Shwarz v. United States, 234 F.3d 428, 435 (9th Cir. 2000).
Defendant makes four arguments: (1) Plaintiff's Eighth Amendment claim fails to allege sufficient facts to support a claim of deliberate indifference; (2) Plaintiff fails to allege Defendant's direct participation in the violation of his rights; (3) Defendant is entitled to qualified immunity; and (4) Plaintiff's state tort claims are barred by his failure to comply with timeliness requirements of the California Government Claims Act.
In his Objection and Opposition, Plaintiff contends the contrary in all four respects. For the reasons set forth below, the Court HEREBY RECOMMENDS that Defendant's Motion to Dismiss be GRANTED and Plaintiff's Complaint be DISMISSED WITH LEAVE TO AMEND. ////
A. Federal Claim
In his Complaint, Plaintiff alleges that his Eighth Amendment rights were violated when he was exposed to and contracted Valley Fever.
The Eighth Amendment's prohibition of cruel and unusual punishment requires that prison officials take reasonable measures for the safety of inmates. See Farmer v. Brennan, 511 U.S. 825, 834 (1994). A prison official violates the Eighth Amendment only when two requirements are met: (1) the deprivation alleged is, objectively, sufficiently serious, and (2) the official is, subjectively, deliberately indifferent to the inmate's safety.
See id. "[O]nly those deprivations denying 'the minimal civilized measure of life's necessities,' are sufficiently grave to form the basis of an Eighth Amendment violation." Wilson v. Seiter, 501 U.S. 294, 298 (1991) (internal citation omitted).
Deliberate indifference is shown by "a purposeful act or failure to respond to a prisoner's pain or possible medical need, and harm caused by the indifference." Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (citing McGuckin v. Smith, 974 F.2d 1050, 1060 (9th Cir. 1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997) (en banc)). "Deliberate indifference is a high legal standard." Toguchi
v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). "Under this standard, the prison official must not only 'be aware of the facts from which the inference could be drawn that a substantial risk of serious harm exists,' but that person 'must also draw the inference.'" Id. at 1057 (quoting Farmer, 511 U.S. at 837). "'If a prison official should have been aware of the risk, but was not, then the official has not violated the Eighth Amendment, no matter how severe the risk.'" Id. (quoting Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1188 (9th Cir. 2002)).
As noted, Plaintiff alleges that his Eighth Amendment rights were violated when the California Department of Corrections and Rehabilitation ("CDCR") placed him at PVSP knowing that the risk of contracting Valley Fever was high at that facility. (Pl.'s Compl., ECF No. 1-1, pp. 13-14.) The courts of this district have found such claims to be insufficient. "[T]o the extent that Plaintiff is attempting to pursue an Eighth Amendment claim for the mere fact that he was confined in a location where Valley Fever spores existed which caused him to contract Valley Fever, he is advised that no courts have held that exposure to Valley Fever spores presents an excessive risk to inmate health." King
v. Avenal State Prison, 2009 WL 546212, *4 (E.D. Cal., Mar. 4, 2009); see also Tholmer
v. Yates, 2009 WL 174162, *3 (E.D. Cal., Jan. 26, 2009) ("To the extent Plaintiff seeks to raise an Eighth Amendment challenge to the general conditions of confinement at PVSP, Plaintiff fails to allege facts that indicate Defendants are responsible for the conditions of which Plaintiff complains," such as "acts or omissions of Defendants have caused an excessively high risk of contracting valley fever at PVSP").
Plaintiff alleges that the named Defendant violated Plaintiff's Eighth Amendment rights by "failing to provide reasonable notice or warning of a dangerous condition." (Compl. at 14.) Defendant responds that Plaintiff did not allege sufficient facts to show that Defendant knew of and disregarded a serious threat to Plaintiff's health. (Mot. to Dismiss, ECF No. 25, pp. 7-8.) Plaintiff points to exhibits to his Complaint in support of his argument that Defendant had knowledge of the risk of Valley Fever. (Pl.'s Opp. to Mot. to Dismiss, ECF No. 26, p. 3.) However, these documents were all published after Plaintiff was diagnosed with Valley Fever. They do not show that prior to Plaintiff being exposed to a health risk Defendant knew of the risk and disregarded it.
Specifically, Plaintiff's allegations of knowledge and indifference by Defendant are contradicted by the facts in and attachments to his Complaint. They show Plaintiff was diagnosed with Valley Fever in July 2006 and that a health Memorandum regarding Valley Fever was distributed to prison staff on August 3, 2006, after Plaintiff's diagnosis. (Compl. Exh. B, pp. 21-22.) The news article about Valley Fever in California prisons was published December 30, 2007, after Plaintiff's diagnosis. (Compl. Exh. C, pp. 24-27.) The report and assessment regarding Valley Fever analyzes data from 2001 through 2005, but is dated January 12, 2007, after Plaintiff's diagnosis. (Compl. Exh. D, pp. 29-54.) Each attachment is dated after Plaintiff received his diagnosis. Thus, the allegations do not support attribution of knowledge of the risks of Valley Fever to Defendant until after Plaintiff's
diagnosis. The Court may, and does here, disregard factual allegations contradicted by facts established by reference to exhibits attached to the complaint. Durning v. First Boston Corp., 815 F.2d 1265, 1267 (9th Cir. 1987). Having failed to demonstrate that Defendant was aware of the risk posed to Plaintiff by Valley Fever, Plaintiff's Complaint fails to state a claim upon which relief may be granted. Dismissal of Plaintiff's Eighth Amendment claims is therefore appropriate.
In general, before dismissing a pro se civil rights complaint for failure to state a claim, a district court must give the litigant a statement of the complaint's deficiencies and leave to amend the complaint. Frost v. Fox, 53 F.3d 338, *2 (9th Cir. 1995) (citing Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623-24 (9th Cir. 1988); Noll v.
Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987)). However, leave to amend is not required where it is absolutely clear that the deficiencies of the complaint can not be cured by amendment. Frost, 53 F.3d at *2, (citing Karim-Panahi, 839 F.2d at 623).
At this time, the Court cannot state that it is absolutely clear that Plaintiff would be unable to cure the deficiencies in his Complaint by amendment. The Court has found only that Plaintiff's instant Complaint does not allege sufficient facts to show that Defendant Yates had knowledge of a risk to Plaintiff's health. That does not per se mean that Plaintiff would be unable to allege facts sufficient to meet the legal standard. Plaintiff is advised that the Court must presume that all plausible allegations contained in Plaintiff's Complaint are true at this stage in the litigation. See Warshaw v. Xoma Corp., 74 F.3d 955, 597 (9th Cir. 1996). Thus, no documentation is needed to support Plaintiff's allegations.
For the reasons stated above, the Court will recommend that Plaintiff's Complaint be dismissed without prejudice and that Plaintiff be granted leave to amend his Complaint to include truthful facts demonstrating that Defendant had knowledge of the risk posed to Plaintiff by Valley Fever.
B. State Tort Claims
Defendant requests that the Court extend its jurisdiction to include and consider Plaintiff's state tort claims. We decline to do so. Gini v. Las Vegas Metropolitan Police Dep't, 40 F.3d 1041, 1046 (9th Cir. 1994) ("When . . . the court dismisses the federal claim leaving only state claims for resolution, the court should decline jurisdiction over the state claims and dismiss them without prejudice." Les Shockley Racing v. National Hod Rod Ass'n, 884 F.2d 504, 509 (9th Cir.1989)). Thus, Plaintiff's state tort claims are dismissed without prejudice.
The Court finds that Plaintiff's Complaint fails to state any Section 1983 claims upon which relief may be granted. Thus, the Court RECOMMENDS that Defendant's Motion to Dismiss be GRANTED and that Plaintiff be allowed to file an amended complaint to address the potentially correctable deficiencies noted above. See Noll v. Carlson, 809
F.2d 1446, 1448-49 (9th Cir. 1987). In his Amended Complaint, Plaintiff must demonstrate that the alleged incident or incidents resulted in a deprivation of his constitutional rights. Iqbal, 129 S.Ct. at 1948-49. Plaintiff must set forth "sufficient factual matter . . . to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). Plaintiff must also demonstrate that each defendant personally participated in the deprivation of his rights. Jones, 297 F.3d at 934.
Plaintiff should note that although he has been given the opportunity to amend, it is not for the purposes of adding new claims. Plaintiff should focus the amended complaint on claims and defendants relating solely to issues arising out of his exposure to and contraction of Valley Fever.
Finally, Plaintiff is advised that Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. As a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original complaint no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged. The amended complaint should be clearly and boldly titled "First Amended Complaint," refer to the appropriate case number, and be an original signed under penalty of perjury.
Based on the foregoing, the court HEREBY RECOMMENDS that:
A. Defendant's Motion to Dismiss be GRANTED without prejudice; and
B. Plaintiff's Complaint be dismissed for failure to state a claim, with leave to file an amended complaint.
These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, the parties may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991). See also Robbins v. Carey, 481 F.3d 1143, 1146-47 (9th Cir. 2007).
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For a view from the other side, check out the coverage from our fine eastern colleagues at The Leafs Nation.
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Labels: art, drawing, event, friends, maastricht
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United States District Court, Second Circuit
November 5, 2013
PATRICK SOUFFRANT, Plaintiff,v.THE COUNTY OF OTSEGO; SHERIFF DEPARTMENT, County of Otsego; MICHAEL TEN EYCK, Senior Investigator, Sheriff Department, County of Otsego, individual and in his official capacity; and JOHN DOE 1-7 Sheriffs/Police, Sheriff Department, County of Otsego, individual and in their official capacity, Defendants.
PATRICK SOUFFRANT, Plaintiff, Pro Se, 10-A-2530, Eastern NY Correctional Facility, Napanoch, NY.
DECISION and ORDER
DAVID N. HURD, District Judge.
Plaintiff, a New York State prisoner, brought this action pursuant to 42 U.S.C. § 1983. On October 11, 2013, the Honorable David E. Peebles, United States Magistrate Judge, advised by Report-Recommendation that plaintiff's complaint be dismissed, without prejudice, for failure to timely comply with the court's order and to either pay the required filing fee or submit a proper in forma pauperis application. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore, it is
ORDERED that
Plaintiff's complaint is DISMISSED without prejudice.
The Clerk is directed to close the file.
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Requisition Number16-0378 Post Date7/20/2016 TitleSenior Java Software Engineer CityBerwyn StatePA Description Envestnet is seeking a senior Java developer. As the market leading turnkey asset management platform, we provide a robust suite of investment products to financial10/29/2016 Berwyn, PA Save This Job
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The Software Engineer for Compliance builds the systems that mesh regulatory compliance with Etsy's culture of continuous deployment.12/1/2016 Brooklyn, NY Save This Job
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NetNumber, Inc. has an immediate opening for a Full Stack Web Developer/Software Engineer located in the Greater Lowell, MA area. The Full Stack Web Developer/Software Engineer is a hands-on position that requires a candidate who is comfortable in a fast paced, focused, agile10/29/2016 Lowell, MA Save This Job
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OAKLAND, CADEVELOPMENTFULL-TIME APPLY FOR THIS JOB Job Purpose: We are looking for a Software Engineer (Sustaining) who can support the growing footprint of functionality and customers on the GT Nexus Network. We want a clever, innovative developer who can provide production12/3/2016 Oakland, CA Save This Job


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A Good Deal: No Evil 022
Round up4.31 / 5.00 1,634 Views
Park Bench
A short film about a park bench4.12 / 5.00 1,190 Views
frog thing
frogggsgsgs3.86 / 5.00 1,399 Views
that was horrible.... the monkey could have at least ate his fingers... or rip them off and run with them, and eat them, laughing. and then the monkey gets shot in the head or gets his head cut off by a flying axe. WHOO HOOO!!! that sounds good lol.
What is this?
i dont get it. what's the point of this flash? what's the hidden joke? when the so called 'banana fingers' started scratching the monkey, i thought that the monkey was gonna bite one of his 'bananas' off. anyway,the flash ended even before i could understand it. seriously dude,you should improve on that a lot.
This was weird not all that funny but it had an interesting concept although i could not hear him speaking. I liked it try again improve the sound and write a better script and i will rate you higher.
this isnt funny
i like the idea but it's not funny no offence but i think it was shit the art however was great like the look of him and the monkey
I realize it's a satire...
but the quality of the work is terribly sub-par.


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The face you make when you first try the new handheld mount for the #inspire1 camera. Get your experience by visiting the #DJI booth at #CES2015 LVCC, South Hall 2, Booth 25614


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Anchorage Alaska Chapter's "Computer Person of the Year"
R. Scott Armstrong, President of Mercury Data Group, Inc
By Jim Henry, Anchorage Chapter Membership Chairman
R. Scott Armstrong, President of Mercury Data Group, Inc. was named AITP Anchorage Alaska Chapter's "Computer Person of the year" at a ceremony recently. This award is given annually to a member who shows commitment far above the call of duty in promoting AITP and the IT industry in our area.
Mr. Armstrong has been a member for six years, and has served on the board of directors, as chapter vice president and is currently president-elect for 2004. He has been very active on committees, like chapter administration, and recently on the ITExpo 2003 committee. His hobbies include spending time with his daughter, Katy, and flying whenever he gets a chance.
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Sunday Living is Sheer Brilliance
Presenting a sunny north-facing aspect and overloaded with sophisticated modern charm, this peaceful two bedroom apartment in the Wood Bagot-designed Sunday' residential complex takes stylish Southbank living to a whole new level, with eateries on the ground floor and near the Botanic Gardens, Melbourne's Arts and Cultural Precinct, and St Kilda Road trams this fantastic apartment is sure to impress. To suit the most discerning of buyers privacy is assured with discrete access and given only 4 apartments are located on level 1.
Accommodation: Perfectly positioned in one of Southbank's most sought after pockets this quiet and private residence epitomises inner city living. Beautifully appointed with quality fittings throughout and industrial concrete ceilings, this uber-stylish apartment enjoys a fantastic lounge with built-in entertainment unit and storage, meals area, sleek kitchen with stainless steel benchtops and Miele appliances, enormous north-facing full-length balcony, brilliant master retreat with a deluxe ensuite featuring a rain shower, 2nd bedroom with BIRs, and a central bathroom with a concealed laundry.
Features: Secure car space plus storage cage conveniently located on level1, ducted heating and cooling, video intercom, luxury resort-style facilities include heated pool, spa, BBQ courtyard and entertaining area with city views, and landscaped garden.
Have one to sell? Get a FREE APPRAISAL!
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RE: Property ID: 2318329
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$15 For $30 Worth Of Casual Pub Fare
After the failure of the first and only knitting bar, the sports bar was invented much to the chagrin of knitting nannies everywhere. Celebrate American innovation with this offer from Shenanigan's, good for $30 worth of casual pub fare for only $15.
Whether you're looking to enjoy a delicious meal with the family or meeting some friends to watch the game, Shenanigan's Bar and Grille has all the ingredients for a fantastic evening! Their menu features all your favorites including juicy, 1/2 pound Shenaniburgers served on Brioche buns like the Buffalo Bleu Cheeseburger and the California Turkey Burger with fresh avocado and chili aioli. If you like wings, you've definitely come to the right place; with 42 different sauces to choose from, you're sure to one or seven that you like! There's plenty sandwiches and subs plus Shenanigan's Pizza that features freshly stretched dough and your choice of tasty toppings. Cheer on your favorite teams on one of over 20 HD TVs or relax by the fire pit out on the patio. Great food, fun atmosphere and friendly service are what keeps folks coming back again and again.
Shenanigan's Bar and Grille is sports bar with a family friendly dining atmosphere and great service. Their extensive menu features a variety of sandwiches, pizza, wings and more. They feature a full bar, outdoor patio with fire pit and plenty of TVs to watch the games. They're open seven days a week serving lunch and dinner.
Dine-in only; not valid for takeout or delivery. Not valid for Happy Hour, or special daily dinner items or Early Bird Specials, or Special Event Nights. Not valid on alcohol.
Merchant will abide by gift certificate state laws. No cash or credit back. Each certificate must be used in one visit. Not valid on tax or gratuity. Limit one certificate per visit. Certificate cannot be used in conjunction with any other certificate, coupon, special or promotion.
When new offers are available from this business.


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Caribbean Salsa
23 Oct 2009
Caribbean Salsa goes well with poultry meat recipes. Caribbean Salsa gets its taste from mango and cucumber cubes mixed with lime juice. Caribbean Salsa is served with meat dishes.
|Mango cubes
|2 Cup (32 tbs) (1/4 Inch Cubes)
|Peeled seeded cucumber cubes
|1⁄2 Cup (8 tbs) (1/4 Inch Cubes)
|Chopped fresh cilantro/Chopped fresh parsley
|1⁄4 Cup (4 tbs)
|Finely chopped green onion
|2 Tablespoon
|Jalapeno pepper
|1⁄2 , seeded and finely chopped
|Fresh lime juice
|3 Tablespoon
|Firmly packed brown sugar
|1 1⁄2 Teaspoon
|Minced fresh ginger
|1 Teaspoon
|Black pepper
|1 Dash
In medium bowl combine mango, cucumber, cilantro, green onion, jalapeno pepper, lime juice, brown sugar, ginger and black pepper.
Cover and refrigerate at least 1 hour to allow flavors to blend.
Recipe Summary
Difficulty Level:Easy
Course:Side Dish
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 383 Calories from Fat 12
% Daily Value*
Total Fat 1 g2.3%
Saturated Fat 0.34 g1.7%
Trans Fat 0 g
Cholesterol 0 mg
Sodium 22.1 mg0.9%
Total Carbohydrates 99 g33.1%
Dietary Fiber 11.5 g45.9%
Sugars 82.2 g
Protein 5 g9.1%
Vitamin A 113.9% Vitamin C 289.7%
Calcium 8.6% Iron 9.1%
*Based on a 2000 Calorie diet
Caribbean Salsa Recipe


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Having unnecessary fat in various areas of your body can have a significant effect on your health and self-esteem. While conventional weight-loss through workout and diet plan is an excellent method to slim down overall, even the best exercises can't target problem locations like the tummy, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is utilized to eliminate excess fat from particular locations of the body, allowing a specific to form and contour their body to their preference. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many advantages to this cosmetic procedure, consisting of:
• Immediately noticeable changes. Unlike conventional weight-loss, liposuction creates modifications that are right away visible in the body. Some difference is visible immediately, and the wanted results are usually attained in just a couple of days.
• Proven and safe. This cosmetic procedure has actually been carried out by skilled surgeons all over the world for years and the strategy has actually been refined over and once again to be safe and efficient.
• Healing time is generally quickly. The downtime needed after having this type of treatment is generally much less than exactly what is needed for other kinds of cosmetic treatments, including abdominoplasty, breast reduction, and more. People who have had the procedure can typically return to work a lot more rapidly than they prepared for and can return to living a healthy, active lifestyle.• Weight loss can be irreversible. With the right maintenance strategies, the fat that was gotten rid of throughout the liposuction procedure will not return.
• Complete control over your physique. With liposuction, an individual can have complete control over how they wish to look, beyond exactly what standard diet and workout can provide. Giving people this power over their bodies increases self-confidence and help people feel their best.
While there countless benefits to liposuction, there are of course a few caveats that must be taken into account before making the final decision to move on with the procedure.
Cons of Liposuction
Prior to having actually liposuction done, it's important to examine the possible drawbacks of the treatment and figure out if the benefits outweigh the threats in your particular case. Your surgeon can help you learn more about the risks related to the treatment and can assist you decide if progressing is the right thing for you.
• Problems with basic anesthesia. Because liposuction is performed under general anesthesia, the treatment brings the same threats as any other kind of surgery where general anesthesia is utilized. Hidden medical conditions may enhance these risks.
• Adverse reactions. Bruising, bleeding, and pain are all to be anticipated, however, in unusual cases can trigger more significant problems.
• The possible to gain the weight back. After having liposuction done, it is critical to maintain a healthy diet and workout properly as suggested by your physician. Failure to do so might lead to gaining back the weight that was lost or potentially much more.
There are dangers associated with liposuction, for numerous people, the advantages far surpass them. Inform yourself about the procedure by having extensive conversations with your cosmetic surgeon and think about how liposuction has the prospective to affect you as an unique individual. Just you and your specialist can determine if liposuction will provide you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Seymour IN
Laser liposuction is a more recent, minimally intrusive treatment that includes heating the fat cells to melting point and eliminating the melted fat through a little cannula. The treatment is normally done right in your physician's workplace and is an excellent choice for people who have less than 500 ml of fat to remove from any one area. Laser liposuction can be a safe, complementary procedure to weight loss in order to shape the body you have actually always desired.
Contact a Surgeon in your Seymour IN today.
If you're considering liposuction as a weight loss solution, it is very important that you discuss your desires with a qualified plastic surgeon in your location. Your surgeon will perform a total test and health history questionnaire to determine if liposuction can benefit you and help you reach your physical and emotional goals. Call today for a consultation and find out more about how liposuction can assist you attain the body of your dreams.


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Archive for authorSherlock Homo
Sherlock Homo - No it does not imply that she is curious or that she investigates murder mysteries in 19th century London. As witty as her pen name, Ms. Homo is very well travelled and No, I don't mean the usual markets of Bangkok or a family trip to Universal Studios! I mean the French Rivera, temple ruins in Cambodia, safaris in Botswana.. always on the road less travelled where life experiences and life choices are concerned. Her perspective is unique and you will want to read all about what she has to share. If you don't, prepare yourself to get left behind on lifestyle, gay culture and all things cool. Read on...
Gaysi Presents Dirty Talk 9.0 (LGBTQ Open Mic) On 17th September
However, you may want to consider buying a ticket before they are all sold out. Click here and book your spot today!
7 Products Under INR 5000 To Spice Up Your Bedroom
It's quite easy for me to suggest sex toys to spruce up your sex life, but with this post my goal is to help you make things more romantic and sensuous in the bedroom.
Dirty Talk 9.0 (Open Mic) : Call Out For Participation
Ladies and gentlemen, due to unprecedented popular demand we present to you, the stupendous, incredible and astounding Dirty Talk 9.0!
26 LGBTQ Friendly Pubs (Bars) In Mumbai
Have a date this weekend? Wondering what would be a cool and comfortable place to take them?
Ms. Sonal Vengurlekar, Here's An Open Letter To Your Open Letter
I chanced upon your open letter to Shonali Bose and it's quite obvious to me that you really didn't understand the film!
Video Release : Drag Performance By Actor Asif Ali Beg
His brilliance, enigmatic presence, performative spontaneity set the stage on fire.
Interview : Actresses, Tillotama & Rasika
One warm spring afternoon, Gaysi ended up in a room with the two phenomenal women from the movie Qissa - Tillotama Shome and Raskia Duggal.
Fighting Into Oblivion : A Tribute to Suzette Jordan
Today you fought your last fight against a brutal disease. Given how this country and its justice system have treated you, I personally believe that you are in a better place.
A Single's Guide To Valentines Day
A single's guide to Valentines Day It's that time of the year again where roses, red hearts and squishy stuff toys take over everything.
Dirty Talk 8.0 : 2015 Pride Edition
Premieres on January 23rd, 2015 LGBTQS Productions Presents Dirty Talk: Season 8
Interview : Following Up With Mr. Congeniality Sushant Digvikar
We caught up with Sushant over a cup of coffee and got all the fun gossip of the Big Boss house! Watch what Sushant has to say...
Gaysi & Homegrown Present "What The Flux?"
Beyond the fabulous lifestyle media company, Homegrown also indulges in monthly musical soirees called Flux in collaboration with Krunk.
Interview : The Sexy & Audacious Mr. Gay World India
Hey Folks. Meet Sushant. He is a handsome and intelligent boy, who initially comes off as shy and reserved. Little did we know what a riot he is!
My Doggie Loco
Meet Loco. He's 13 years old, 33 kgs and 100% mad, just as his name suggests.
Spider Man Comes Out Of The Closet
Well, not literally. Andrew Garfield, after riding the wave of success from The Amazing Spider Man, is back at work with the musical geniuses Arcade Fire.
A Rape Is A Rape Is A Rape : The Nirbhaya Story
It is a fair argument that one doesn't need such episodes to remind us of patriarchy and violence against women across the world.
Review : Koffee With Karan & Hurricane Sonam Kapoor
If you ever interact with Sonam Kapoor on a personal level, you will discover one character trait very quickly.
Boycott Firefox, Shall we?
When the company allegedly believes in equality, but has a CEO that doesn't, isn't it really strange?
RIP Fred Phelps : 'God Hates Fags' Minister
On March 20th, the world's most notorious homophobe Fred Phelps passed away.


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It only takes a minute to get started. Fill out our uncomplicated sign up form and login to the website.
This step is discretionary but will greatly increase your chances of getting interest from other over 40s members on the site. Type a little about yourself, your hobbies and upload some good photographs of yourself.
Use our website's cutting-edge search to find over 40s members who match your needs. Or just flip through listings and find people that attract you.
Located someone who ticks all the boxes? Drop them a line or just a wink and see how you get along. With a little luck you'll be on your way to discovering your soulmate.
It's really quick


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Yolanda and Ben are tying the knot next weekend. Their wedding sounds fabulous, I cannot wait :) This week I visited them at their lovely house to take some photos. I absolutely adore the collection of images from this shoot. Here is just a little sneak peek.
Absolutely gorgeous photos!!
wow :) you just made standing in front of a garage door look amazing! cannot wait to see the rest!
Ah, the square one is so good. Great processing too. Nice Samm!


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Offices in Miami and NYC
Making People Feel Good About How They Look: Restoring Not Just Hair But Confidence; Improving Not Just the Appearance Of The Nose But Overall Facial Harmony; Making People Not Just Look Younger To The Rest Of The World But To Themselves.
It's All About The Art Of Rhinoplasty, Hair Restoration, And Facial Plastic Surgery. For Men, For Women.
It's Your Face And Head Of Hair. Why Trust It To Anyone But A Specialist?
Board certified in both facial plastic surgery and otolaryngology, Dr. Epstein is a true expert in primary and revision rhinoplasty. Performing on average five of these surgeries every week, this delicate work involves the sculpting and manipulation of the underlying cartilage and bone that can, in the hands of an experienced surgeon like Dr. Epstein, result in subtle to significant cosmetic changes. Computer imaging is performed on all patients to establish realistic expectations and to allow for the patient to best communicate to Dr. Epstein the exact goals of the surgery.
View hundreds of before and after rhinoplasty photos, and compare to computer imaging photos.
Since his residency in otolaryngology/head and neck surgery at the University of Miami, followed by being awarded a facial plastic surgery fellowship in the San Francisco/Bay area, Dr. Epstein has for over 22 years focused on achieving nothing less than excellence in the most complex area of the body. This includes his specialties in surgical hairline advancement/forehead shortening, lip sculpting and upper lip lifts, and the full scope of facelifts and necklifts, eyelid and browlift surgery and other cosmetic and facial rejuvenation procedures.
View over 1,000 before and after photos of a variety of facial rejuvenation surgical procedures.
Unique in the field of hair restoration, given his extensive plastic surgery background, Dr. Epstein is able to combine these two disciplines and create truly natural appearing results when restoring hair for his patients. Rather than a plastic surgeon who also offers hair restoration, Dr. Epstein is a true expert in treating men and women for pattern hair loss, as well as restoring eyebrows and beard as well as repairing unaesthetic prior work.


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Kevin Cerrito and Marcus Hunter announce the nominees of the 2013 M Awards and breakdown who will and who should win all the major categories.
VOTE: Click here to cast your ballot in the 2013 M Awards.
Kevin Cerrito and Marcus Hunter host MemphiSport Live (MSL) on Sports 56 & 87.7 FM every Saturday from 11:00 am – 1:00 pm. MSL was voted 3rd Best Sports Radio Show in the 2010, 2011 & 2012 Memphis Flyer Best of Memphis poll.
Follow the MSL hosts on Twitter @cerrito & @MHUNTER_FOX13


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The company that gave us Magic Jack to revolutionize the way we used the home telephone has created a new product to change the way we use our cellular phones. For years customers have complained about dropped calls, high cellular rates, and the contracts that keep the average American in a plan they hate for fear of high penalty's. YMax Corp, the company behind Magic Jack has announced that a new device will change the way you use your cellphone for the better.
AT&T and T-Mobile customers will be thrilled to know that this new technology has been extensively tested on their phones. Sadly the new device will not work for Verizon Wireless or Sprint customers. I am sure as the technology evolves that an option will be available for customers with those carriers. If the technology can't be made to work on those phones a change of carrier may be in order.
Simply the device will save a customer who is receiving or placing calls in their home. This may also include customers that travel with a lap top and make frequent trips where internet access is available. Working just as the Magic Jack, that we are already familiar with, the device must be connected to your computer and the computer must be connected to the internet.
For a gadget that is the size of a deck of cards this device packs a powerful punch to the cellular carrier community. The device works as a personal cellular tower in the home with a range of 3,000 square feet; using radio waves in your home that aren't licensed. Who knew that a wireless spectrum license didn't extend into the home?
For wireless customers looking to save some minutes the new Magic Jack will be available in 4 months. That means we should all be looking at those late night infomercials around April. It is reported that the device will sale in the $40.00 price range similar to the original Magic Jack's introductory price. The purchase price will include calls to the USA and Canada for one year and after that time period you will have a re-licensing fee. Typically that price has been a meager 19.99 a year or a discount if you renew your contract for 5 years.
The new Magic Jack was unveiled this week at the International Consumer Electronics Show in Las Vegas. While on display the device was shown to make a receive calls on a visitors T-Mobile account. Imagine their surprise when no minutes were used for either the out going or incoming calls. Ymax CEO Dan Borislow affirms that the device will connect to any cellphone using the GSM standard, which includes AT&T and T-Mobile USA.
The GSM Standard (Global System for Mobile Communications) is the most popular standard for mobile phones. The GSM Association attests that 80% of the global cellular market uses that standard. With over 3 billion people using this standard the Ymax technology has the ability to impact most cellphone users across the globe in a positive way.
Do you Need a New Cellphone Without the Contract?


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Matthews International (NASDAQ:MATW)
Q1 2014 Earnings Call
January 24, 2014 9:00 am ET
Steven F. Nicola - Chief Financial Officer, Principal Accounting Officer, Secretary and Treasurer
Joseph C. Bartolacci - Chief Executive Officer, President and Director
Robert Labick - CJS Securities, Inc.
Liam D. Burke - Janney Montgomery Scott LLC, Research Division
Scott B. Blumenthal - Emerald Research
Ladies and gentlemen, thank you for standing by and welcome to the Matthews International First Quarter Financial Results Conference Call. [Operator Instructions] And as a reminder, today's call is being recorded. With that being said, I will turn the conference over to the CFO, Mr. Steve Nicola.
Steven F. Nicola
Thank you, John. Good morning, I'm Steve Nicola, Chief Financial Officer of Matthews. Also on the call this morning is Joe Bartolacci, our company's President and CEO. Today's conference call has been scheduled for 1 hour and will be available for replay later this morning. To access the replay, dial 1 (320) 365-3844, enter the access code 315195. The replay will be available until 11:59 p.m. February 7, 2014. We have posted on our website, which is www.matw.com, the first quarter earnings release and financial information we will discuss this morning.
On the top of our homepage, under the Investor tab, click on Investor News to access the earnings release. For the quarterly financial data, click on Financial Reports to access the information under the section Matthews International Quarterly Reports. The documents are presented in a PDF file format.
Before beginning the discussion, at the advice of legal counsel, I've been advised to read the following disclaimer as it pertains to forward-looking statements.
Any forward-looking statements in connection with this discussion are being made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks and uncertainties that may cause the company's actual results in future periods to be materially different from management's expectations. Although the company believes that the expectations reflected in such forward-looking statements are reasonable, no assurance can be given that such expectations will prove correct.
Factors that could cause the company's results to differ from those discussed today are set forth in the company's annual report on Form 10-K and other periodic filings with the SEC. In addition, please note that the balance sheet income statement and cash flow information provided today are preliminary data, since our quarterly report on Form 10-Q for the quarter ended December 31, 2013 will not be filed with the SEC until the week of February 3.
To begin the conference, I will review the financial results for quarter. Mr. Bartolacci will then provide general comments on our operations. Following that, we will open the discussion for questions.
For the quarter ended December 31, 2013, the company reported earnings of $0.29 per share. On a non-GAAP basis, the company's adjusted earnings were $0.38. The net amount of these non-GAAP adjustments was $0.09 per share for the fiscal 2014 first quarter and $0.12 a year ago.
In our earnings release, we've provided a reconciliation of the earnings per share -- of earnings per share on a GAAP and non-GAAP basis. The fiscal 2014 non-GAAP adjustments included the following:
Pension and postretirement expense. Consistent with last year for our non-GAAP disclosure, we have adjusted pension and postretirement expense to reflect only the service cost components of this expense; Cost-reduction initiatives. As we have been reporting for the past year, we have significant ongoing strategic cost-reduction programs in our businesses. The additional cost associated with these initiatives unfavorably impacted earnings by approximately $0.06 during the current quarter compared to $0.03 per share a year ago; and litigation costs. We are currently in a legal dispute with one of our competitors in the Funeral Home Products segment. Due to the extent of anticipated cost in connection with the litigation with this matter, we are including this expense in unusual items in fiscal 2014.
Unusual items for the prior period also included acquisition-related expenses and costs related to the ERP implementation for the Cemetery Products segment.
Consolidated sales for the fiscal 2014 first quarter were $229.9 million, compared to $225.6 million for the same quarter 1 year ago, representing an increase of $4.3 million. The increase primarily resulted from sales growth in the company's Marking and Fulfillment Systems segment and the benefit of recent acquisitions. The company acquired Wetzel GmbH and Pyramid Controls in the first quarter last year.
Consolidated operating profit for the fiscal 2014 first quarter was $15 million compared to $16.5 million 1 year ago. Lower sales in the Memorialization businesses and the Merchandising Solutions segment were the primary factors in the decline. As I noted earlier, unusual charges impacted operating profit for both periods.
Sales for the Cemetery Products segment were approximately $50 million for the fiscal 2014 first quarter, compared to $53 million 1 year ago. Lower unit volume of memorial products was the main factor in the sales decline. Based on published CDC data, we estimated that the number of casketed/in-ground burial deaths in the United States declined during the fiscal 2014 first quarter compared to 1 year ago.
As a result of the decrease in sales, operating profit for the Cemetery Products segment for the current period was $6.1 million compared to $6.4 million 1 year ago. Sales for the Funeral Home Products segment were $59 million for the quarter ended December 31, 2013, compared to $61 million last year, primarily reflecting the change in the casketed/in-ground burial deaths.
Operating profits for the Funeral Home Products segment for the current quarter was $6.8 million compared to $7.7 million for the first quarter last year. Excluding unusual items from both periods, operating profit for the segment increased for the current quarter compared to 1 year ago. The increase in adjusted operating profit reflected the benefit of our recent production and distribution cost initiatives. Unusual items for the current period primarily included the cost of lean initiatives and litigation-related costs mentioned earlier.
Fiscal 2014 first quarter sales for the Cremation segment were $8.9 million compared to $11.1 million for the same quarter last year. Declines in equipment sales in the U.K. and Europe were the principal factors in the change from 1 year ago. In general, the current period sales decline is attributable to timing as U.S. equipment order rates were relatively consistent with the year ago and the segment is projecting overall sales growth for fiscal 2014.
As a result of the sales decline, the Cremation segment reported an operating loss of $402,000 for quarter ended December 31, 2013, compared to operating profit of $475,000 1 year ago.
For our Brand Solutions Group, Graphics Imaging sales were $73 million in the fiscal 2014 first quarter, compared to $62 million last year. The acquisition of Wetzel in the first quarter last year and favorable changes in currency rates were the primary factors in the sales improvement.
First quarter operating profit for the Graphics Imaging segment was approximately $1 million for the current year compared to $292,000 1 year ago, primarily reflecting higher sales. The operating margins for this segment continue to be challenged by European market conditions.
Sales for the Marking and Fulfillment Systems segment for the fiscal 2014 first quarter were $21.5 million compared to $17.9 million for the same quarter last year. The increase in sales for the quarter was primarily attributable to higher sales volume and the benefit of the December 2012 acquisition of Pyramid Controls. As a result, operating profit for Marking and Fulfillment Systems was $1.1 million for the current quarter, compared to $376,000 for the fiscal 2013 first quarter.
Fiscal 2014 first quarter sales for the Merchandising Solutions segment were $18.4 million, compared to $20.6 million 1 year ago. The decrease was primarily due to lower sales to several national accounts. As a result, the segment's first quarter operating profit was $277,000 for the current quarter, compared to $1.3 million 1 year ago. Similar to the Cremation segment, the current period sales decline for Merchandising Solutions is also considered to be timing, as the segment is projecting sales growth for fiscal 2014.
Sales and operating profit by segment, including unusual items, for the quarter and fiscal year periods are posted on our website for your reference. There was a reposting recently to adjust some of the percentage change items for operating profit as the initial posting had incorrect percentages.
Our fiscal 2014 first quarter consolidated operating margin was 6.5% of sales compared to 7.3% 1 year ago. Excluding unusual items, our operating margin was 7.7% for the current quarter, compared to 8.7% last year. For fiscal 2013, our full year consolidated operating margin was 11.2% excluding unusual items. Our first quarter -- first fiscal quarter generally is lower on a seasonal basis.
Gross margin for the quarter ended December 31, 2013 was 35.4% of sales, which is comparable to 1 year ago. Selling and administrative expense for the current quarter was 28.9% of sales compared to 28.1% for the same quarter last year. The increased percentage mainly reflected the impact of lower Memorialization sales.
Investment income for fiscal 2014 first quarter was $874,000 compared to $233,000 1 year ago. The increase resulted from higher investment performance on assets held in trust for certain of the company's benefit plans.
Interest expense for the current quarter was $2.9 million compared to $3.2 million for the same period last year. The lower interest cost for the current quarter resulted primarily from a lower level of outstanding debt. Other income deductions net for the fiscal 2014 first quarter represented a deduction of $1 million, compared to $1.1 million 1 year ago. Other income and deductions generally include, among other items, banking-related fees and the impact of currency gains or losses on certain intercompany debt.
Net income from noncontrolling interest for the current quarter resulted in additional income of $8,000, compared to $252,000 1 year ago. One of the factors in the year-over-year change included the purchase of the remaining ownership interest in our Turkish subsidiary last year.
The company's effective income tax rate for the current quarter was approximately 34% of pre-tax income. The effective tax rate was 32.7% for the fiscal year ended September 30, 2013. The effective rate for fiscal 2013 included the benefit of our European tax loss carryback.
At December 31, 2013, the company's consolidated cash was $63 million, compared to $59 million at September 30, 2013. Our current ratio was 2.3 at the end of the current quarter compared to 2.2 at September 30, 2013. Accounts receivable at the end of the current quarter totaled $172 million compared to $188 million at the end of fiscal 2013. Consolidated inventories at December 31, 2013 were $140 million compared to $131 million at September 30, 2013. Long-term debt at the end of the current quarter, including both current and long-term portions, approximated $377 million, compared to $375 million at September 30, 2013.
At December 31, 2013, $310 million of the outstanding debt balance represented borrowings under our domestic, revolving credit facility at an average interest rate of around 2.5%. The borrowing capacity of this facility is $500 million with a maturity date of July 2018.
The company had approximately 27.3 million shares outstanding at the end of the current quarter and purchased approximately 102,000 shares under its share repurchase program at a cost of $4.2 million. At the end of the current quarter, approximately 1.1 million shares remained under the current share repurchase authorization.
Depreciation and amortization expense for the quarter ended December 31 was $9.3 million, capital expenditures for the current quarter were $4.6 million.
In developing our outlook for the remainder of fiscal 2014, some of the more significant factors we considered included the following: Our strategic cost structure initiatives, particularly with respect to lean and sourcing, will continue. As I noted earlier, we started to realize some of the benefits of these initiatives and, as these projects progress, the unusual costs associated with these actions will also continue.
Consistent with our existing practice, we plan to identify and disclose these costs as they are incurred. Based on published CDC data, we estimated that the number of deaths in the United States in the most recent quarter increased slightly from 1 year ago with a decline in a number of casketed/in-ground burial deaths. This indicates that the death rate trends have moderated from fiscal 2013 to a more normal trend. As such, this would project a small increase in overall deaths with a decline in casketed/in-ground burial deaths for the remainder of fiscal 2014.
The challenges stemming from the European economic weakness are expected to continue. While we are forecasting some growth, the economic climate is expected to be difficult in the near term and remains a risk to our European business. And as I indicated earlier, the first quarter declines in our -- in sales in our Cremation and Merchandising Solutions businesses are currently considered to be timing as both segments are still projecting sales growth for the full fiscal year.
Based on our first quarter results and current forecast, we are maintaining our guidance at this time. Accordingly, excluding unusual items, we project our adjusted non-GAAP earnings per share to be in the range of $2.62 to $2.70 for fiscal 2014. In addition, we currently expect the fiscal 2014 second quarter earnings per share to be relatively consistent with the second quarter last year, excluding unusual items.
Lastly, the board yesterday declared a dividend of $0.11 per share on the company's common stock. The dividend is payable February 17, 2014, to stockholders of record, February 3, 2014.
This concludes the financial review and Joe will now comment on our operations.
Joseph C. Bartolacci
Good morning. Our first quarter was generally as we expected. The funeral packaging innovation projects throughout our businesses caused a slow start for our Packaging Graphics division. Similarly, the delayed timing of projects in our Merchandising business was also expected, causing us to have a slow start in this business as well.
Our Cremation division suffered some anticipated shipment delays by customers, which impacted the first quarter results. While our Cemetery Products and Funeral Home Products divisions saw a decline in casketed deaths versus prior year, bringing our results down in Cemetery Products but up in Funeral Home Products when onetime charges were excluded. This increase reflected some of the benefits of our strategic initiatives that we started last year.
From a very positive perspective, our Fulfillment business had another strong quarter, especially in our Pick-to-Light products business. And we saw a strong increase in equipment orders for the first time in several years, which we believe bodes well for the economy and for our business. We also have had a very strong order intake in our Pyramid warehouse control business, which we expect to deliver over the balance of the year.
We also won some significant new accounts in our U.S. Graphics business, moving us further down the line of transformation towards CPG customers in this segment, which has lagged for years. Another positive for this segment comes from a multi-year exclusive contract we recently signed with Philip Morris for our European group businesses. This contract will allow us to expand our penetration in the global tobacco industry, including a new facility in Russia, which we expect to open within the year. We also expect further good news from our Cremation Division where order rates remain strong, and our Industrial Incineration products business is bidding on several very large projects, which could be impactful on the overall full year results of our business. We've also landed a very large contract with a major consumer products company in the merchandising business, which we expect to deliver over the full year as well.
As you're also aware, we have continued our strategic initiatives and we believe that we are only beginning to see some of the benefits of these actions. It has taken longer to see those benefits than expected and perhaps some of them will take longer to realize fully. But we can see the path to improved performance from all of our actions. Given our anticipated slow start and the many positives we are beginning to see, we are cautiously optimistic about our full year results. We expect challenge, but we also expect opportunities. Therefore, we are maintaining our full guidance for the year, which is adjusted for unusual items.
Steven F. Nicola
At this time, we would like to open the call to questions. [Operator Instructions] John?
Question-and-Answer Session
[Operator Instructions] And first from the line of Daniel Moore with CJS securities.
Robert Labick - CJS Securities, Inc.
This is Bob Labick backing up for Dan. I wanted to start up in the Marking and Fulfillment. You mentioned organic volume growth and then also growth from the acquisition. And Joe, at the end there, you highlighted it a little bit. Could you just maybe go into a little more detail and tell us what are the drivers that you're seeing there and what are, kind of, expectations? And can this -- does this organic growth have legs?
Joseph C. Bartolacci
Yes, we've got a couple of things there, Bob. First off, for those of you that have followed us for many years, you also are aware that this little -- this division for us has been a leading indicator of economic turnaround and decline, for that matter. We're starting to see a decline in order -- equipment order rates in somewhere around 2007, 2008, before the crisis actually hit, and it held true and the market kind of collapsed underneath us for a while. This last quarter, we saw very a very high order rate for equipment orders, which we have not seen in, literally, years. The ink sales that come with that, which is really the indicator of production, they're still lagging. But we expect that to follow now that the equipments are beginning to turn. So what you'll hear in a more macro level about -- maybe this is the year of the capital spend, we're starting to see that in our equipment sales there. With regard to our Fulfillment businesses, we have developed what we think is a very unique, high-value proposition for the fulfillment of warehouse -- automated warehouse systems. We do have legs, we believe. When we couple that with all the bits and pieces that we've cobbled together into a sophisticated alternative to some of the larger integrated solutions that are out there and couple that with some of our equipment that we have, and particularly with respect to a new control system that we have out there called Viacode, we think we've got some legs. Now, Bob, you've known us for years, this is one piece of a 6-piece stool here. So we've got -- it's a good part. We've got great story behind it. We expect to continue to add to that puzzle as we go forward. So we expect to see, as the economy improves, both improvement organically and the opportunities to add pieces to the puzzle through acquisition.
Robert Labick - CJS Securities, Inc.
That's great, that sounds terrific. And then just jumping -- I guess for my "follow-up," you also mentioned, I guess, a multiyear exclusive with Philip Morris in Europe -- can you just update us on the tobacco advertising changes and the timing of when that -- those equipment sales might happen?
Joseph C. Bartolacci
Well, let me kind of give you a little feel. Because over the last couple of years, you saw us, in 2008 or so, acquire one of the gravure businesses, which is the lead player in our European business called Saueressig. About 2 years ago, we purchased a business in Turkey where we saw a little bit of challenges through our integration. That Turkish business was driven -- acquisition was driven by our large tobacco company's interest in having a strong supplier for the Middle East. We did that acquisition. Last year, about this time, a little earlier, probably November of last year, we acquired the #2 provider to the tobacco industry in Germany, solidifying our position. Today, we've been rewarded both with a contract and with the trust of Philip Morris to take that model elsewhere in the world. What we've done is entered in an exclusive arrangement with Philip Morris that will start to kick in during the course over the next -- I would say, the next quarter or so, we'll start to see that. Why that is important. Tobacco is a very, very high-end packaging consumer. That can only be done, frankly, in Europe. As the exclusive provider to Philip Morris, the largest provider of tobacco in the world, we think we've got ourselves a nice little niche to continue to grow that portion of our business. Tobacco regulation around the world varies, but the reality is that tobacco is growing in other parts of the world, while they remain flat to declining in certain parts of the world. So it's varied, but we entered into a partnership with Philip Morris that will allow us to expand wherever they think they need us. So we're very positive about it.
Our next question is from Liam Burke with Janney Capital Markets.
Liam D. Burke - Janney Montgomery Scott LLC, Research Division
I just had a follow-on the Philip Morris contract. A couple of things on the Graphics Packaging. Does that take all of your capacity or do you have the ability to service other customers, especially on a global consumer side?
Joseph C. Bartolacci
We are able to service -- I mean, it's taken more of our capacity, let's put it that way, but nowhere near all of it. For example, one of the places where we're going to be moving some of the businesses is in the Russian market, which is growing, and growing rapidly. So we're going to add -- you're going to little bit of CapEx in that business over the next 12 months as we put some equipment up there. The good news is, we've had graphic artists sitting in Russia for 4 or 5 years that are already trained. We -- our ramp-up in Russia, given the contract terms that we have with Philip Morris, should be relatively quick.
Liam D. Burke - Janney Montgomery Scott LLC, Research Division
Okay. And when you talk about global, obviously, you don't have a presence in the U.S. Would this give you the opportunity or a large-enough customer to be able to take this business domestically?
Joseph C. Bartolacci
If you understand how Philip Morris and Altria split their business, Altria only has the U.S. business. Philip Morris has Canada, Latin and the rest of the world. So theoretically, could we come to the U.S., we certainly could. At the end of today, what we're going to have to try to find is a way to service either Canada or Latin America from the U.S., given there's a foothold in the U.S. market.
[Operator Instructions] And go to Scott Blumenthal, Emerald Advisors.
Scott B. Blumenthal - Emerald Research
Joe, can you talk about the Memorialization customer sentiment currently. Are they still buying at the low-end or have you started to get any indication that they're willing to maybe pay up for some of the more premium products?
Joseph C. Bartolacci
We probably have a bifurcated business at this point in time. We -- I would tell you that our lower-end products continue to be our larger product selection that we've seen historically. But I would tell you that there is relative stability at the high end, it's just smaller than what we're used to seeing. Now as all of you know, we have a new tool that goes live. It's called eVantage [ph], or e-commerce solution. We expect that to go live globally here -- nationally. Wish it were globally, but we're going to go nationally sometime early March. We don't expect it to have a rapid increase and rapid change in our business model, but it is a system through which we expect to see some increase in our mix over the course of time.
Scott B. Blumenthal - Emerald Research
Okay. That was a pretty good lead-in for my next question then, Joe. Steve, if you want to chime in here. Maybe you can give us a status of some of the other internal projects other than eVantage, maybe some of the other pilot projects that you're working on in Marking and Fulfillment, strategic sourcing lean?
Steven F. Nicola
Good. And Scott, yes, I'll speak to those what we call our strategic cost initiatives. Lean is progressing. We are substantially through, I'll call it, the lean implementation. The lean initiatives in the Cemetery Products. Although, as you're familiar, lean never ends, it's a continuous process. And this year, we are rolling that into our Funeral Home Products segment and our Merchandising Solutions segment, which is why you see an uptick in the unusual charges in those segments. And strategic sourcing continues also. It's -- we call it -- this phase of it is our source-to-pay project and that's going to impact all of our segments to some degree or other, and that's really just initiated. So those are the 2 -- lean and sourcing are the significant strategic cost initiatives that are still going on this year.
Scott B. Blumenthal - Emerald Research
Steve, I realize I had 2 here. But since you're on the subject, are you ready at this point to give any kind of cost reduction targets or margin improvement targets related to some of those things, or haven't we've gotten to that point yet?
Joseph C. Bartolacci
Well, the one thing I would tell you, Scott, is the one thing that we have learned, and I had an investor on the West Coast tell me, you're never as big or as fast you think you are, and I think that's what our realization is. It's taking a little longer to get to achieve it than we thought so. We're a little cautious in putting numbers out there, but we do see significant improvements coming over the next 12 to 24 months.
Steven F. Nicola
Yes. And Scott, we've already seen them. I think you see evidence in the Funeral Home Products business where even though volumes declined during the quarter, if you take out the onetime charges associated with these activities, you'll see an improvement in our margins. And we are still projecting margin expansion in almost all, if not all, of our businesses this fiscal year. And a lot of that has to do with what's going on.
Joseph C. Bartolacci
Another way you could see it, Scott, is you could take a look at our Cemetery Products. We did have a decline in our sales rate that Steve talked about in his report. But the decline in the operating profit relative to that is significantly lower than the drop-through of the margins you'd normally see.
Scott B. Blumenthal - Emerald Research
Great. Yes. I do realize that, especially in the second half of last year, we did have very good margin performance in Cemetery Products.
Joseph C. Bartolacci
Yes. Yes.
[Operator Instructions] And to the presenters, no further questions coming in.
Steven F. Nicola
Okay. Well thank you, John. We'd like to thank everyone for participating in the call this morning, and we look forward to our next quarterly conference call, which will be in April. Thank you, and have a good day.
Ladies and gentlemen, once again, this conference is available for replay. It starts today at 11:00 a.m. Eastern, will last until February 7 at midnight. You may access the replay at any time by dialing (320) 365-3844 and entering the access code, 315195. That does conclude your conference for today. Thank you for your participation. You may now disconnect.
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