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October 18, 2011
UNITED STATES OF AMERICA,PLAINTIFF,v.SUKHDARSHAN S. BEDI, ILLINOIS HEALTHCARE CLINIC, P.C. D/B/A MARION FAMILY HEALTH CARE, M-CFHC, INC. D/B/A HARRISBURG FAMILY HEALTHCARE, AND GALATIA MEDICAL CENTER CORP.,DEFENDANTS.
This matter is before the Court on plaintiff United States of America's motion for summary judgment (Doc. 17). Defendant Sukhdarshan S. Bedi has responded (Docs. 33 & 34), but defendants Illinois Healthcare Clinic, P.C. d/b/a Marion Family Health Care; M-CFHC, Inc. d/b/a Harrisburg Family Healthcare; and Galatia Medical Center Corporation have not. In this action, plaintiff seeks civil damages from defendants under the False Claims Act (31 U.S.C. § 3729) and the Controlled Substances Act (21 U.S.C. § 829), as well as for common-law fraud, breach of contract, unjust enrichment, and payment by mistake (Doc. 2). After the complaint was filed in this action, defendants were indicted and pled guilty before this Court in United States v. Bedi et al., Case No. 9-CR-40048-JPG, for the same conduct giving rise to this action.
Defendant Sukhdarshan S. Bedi, M.D., owned or operated three medical clinics in Southern Illinois, including defendants Illinois Family Healthcare, P.C. d/b/a Marion Family Health Care; M-CFHC, Inc. d/b/a Harrisburg Family Healthcare; and Galatia Medical Center Corporation (the "Clinics"). The three Clinics were enrolled in the Illinois Medical Assistance Program and designated as rural health clinics by the Illinois Department of Healthcare and Family Services. Based on this designation, the Clinics were authorized to provide general medical services to Medicaid recipients in areas deemed to be medically underserved.
On or about June 24, 2007, Bedi prescribed 60 pills of Methadone to Donald Singleton in exchange for construction work at Bedi's home. Bedi was charged, in Count 6 of the Government's Superseding Indictment, with knowingly dispensing and causing to be distributed a prescription for a Schedule II controlled substance not in the usual course of professional practice (Doc. 67, Case No. 9-CR-40048-JPG). See 21 U.S.C. § 841(a)(1).*fn1 The Government dismissed Counts 4, 5, and 7--12 as to Bedi. Count 12 had accused him of healthcare fraud against the Medicaid program (Doc. 22, Case No. 9-CR-40048-JPG).
Bedi entered an open plea of guilty. His plea agreement stated: "It is further understood that this Agreement to Plead Guilty does not prohibit the United States, any agency thereof, or any third party from initiating or prosecuting any civil proceedings directly or indirectly involving the Defendant" (Doc. 66, ¶ 3, Case No. 9-CR-40048-JPG). Bedi acknowledged "that there is a parallel civil proceeding against him and that this open plea has no effect on that proceeding" (id., ¶ 8). He agreed to pay $47,784.31 in criminal restitution to Medicaid.
The Clinics were also indicted in the criminal case (Doc. 69, Case No. 9-CR-40048-JPG). They pled guilty to Count 7, conspiracy to illegally dispense controlled substances in violation of 21 U.S.C. § 846; and to Count 12, healthcare fraud against the Medicaid program in violation of 18 U.S.C. § 1347 (id.). They agreed to pay criminal restitution of $47,748.31 to Medicaid, for which they would be jointly and severally liable with Bedi.
Under Count 7, the Clinics stipulated that their two mid-level practitioners, Randy Doty and Mohamed Elsamahi, knowingly dispensed by prescription, and caused to be distributed, Schedule II controlled substances that they were not authorized to dispense using pre-signed blank prescriptions given to them by Bedi (Doc. 70, Case No. 9-CR-40048-JPG). Those prescriptions caused $47,748.31 in unauthorized prescription claims to be paid by the Illinois Department of Healthcare and Family Services, a healthcare benefit program (Medicaid) (id.).
Under Count 12, the Clinics stipulated that they had submitted claims to Medicaid for non-covered services, both for "medically unreasonable and unnecessary prescription controlled substances and for medically unreasonable and unnecessary visits claimed as rural health encounters" (id.). In addition, the Clinics agreed that their practitioners Doty and Elsamahi had "knowingly and intentionally dispensed by prescription, and caused to be distributed, Schedule II controlled substances to Medicaid eligible patients that they were not authorized to dispense" (id.).
This matter is the parallel civil proceeding against Bedi and the Clinics. Plaintiff United States of America, on behalf of the United States Department of Health and Human Services, brings seven counts pursuant to the False Claims Act (31 U.S.C. § 3729), the Controlled Substances Act (21 U.S.C. § 829(a)), and other common-law theories. Plaintiff seeks compensatory damages, civil penalties, certain equitable remedies, and attorney's fees and costs.
Summary judgment is appropriate where "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a); accord Int'l Union v. ZF Boge Elastmetall LLC, 649 F.3d 641, 646 (7th Cir. 2011). All facts and inferences are to be drawn in favor of the nonmoving party. Timmons v. Gen. Motors Corp., 469 F.3d 1122, 1125 (7th Cir. 2006). However, this does not include "[i]nferences which are supported only by speculation or conjecture." Fischer v. Avanade, Inc., 519 F.3d 393, 401 (7th Cir. 2008). Therefore, the nonmoving party must "do more than raise some metaphysical doubt as to the material facts; he must come forward with specific facts showing that there is some genuine issue for trial." Keri v. Bd. of Trs. of Purdue Univ., 458 F.3d 620, 628 (7th Cir. 2006) (citations omitted) (quoted in Argyropoulos v. City of Alton, 539 F.3d 724, 732 (7th Cir. 2008)). A genuine issue of material fact exists "only if sufficient evidence favoring the nonmoving party exists to permit a jury to return a verdict for that party." Argyropoulos, 539 F.3d at 732 (quoting Sides v. City of Champaign, 496 F.3d 820, 826 (7th Cir. 2007)).
Failure to Respond to the Motion for Summary Judgment
These proceedings were stayed during the pendency of the criminal case, November 2009 through September 2010, after which the stay was lifted. Plaintiff filed the instant motion for summary judgment on November 17, 2010 (Doc. 17).
To date, the Clinics have not responded, notwithstanding that they were represented in the criminal case by Gilbert C. Sison, who currently represents, and has filed a response in this case on behalf of, defendant Bedi. After the motion for summary judgment was filed, plaintiff filed a notice directed to pro se defendants to warn them of the consequences of failing to respond (Doc. 19). The Court then issued an Order on April 15, 2011, directing defendants to show cause within ten days why judgment should not be entered in plaintiff's favor (Doc. 30). Only Bedi responded to the show-cause order, and the Court granted him additional time to file a response, which he did on May 20, 2011 (Docs. 33 & 34).
On a motion for summary judgment, if a party fails to address another party's assertion of fact, the Court may:
(1) give an opportunity to properly support or address the fact;
(2) consider the fact undisputed for purposes of the motion;
(3) grant summary judgment if the motion and supporting materials-including the facts considered undisputed-show that the movant is entitled to it; or
(4) issue any other appropriate order.
Fed. R. Civ. P. 56(e). Similarly, this Court's local rules provide that "failure to timely file an answering brief to a motion may, in the court's discretion, be considered an admission of the merits of the motion." SDIL-LR 7.1(c). The Court therefore will consider the Clinics' failure to respond an admission of the merits of plaintiff's motion. In accordance with Rule 56(e), the Court will grant the motion if it shows that plaintiff is entitled to it. See also Fed. R. Civ. P. 56 ("The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." (emphasis added)). Count 1: False Claims Act Liability for Healthcare Fraud Plaintiff alleges that the defendants are liable under the False Claims Act (FCA), 31 U.S.C. § 3729, for knowingly presenting claims to Medicaid for the payment of prescriptions in violation of the Controlled Substances Act (CSA). Plaintiff submits that defendants caused about 400 such claims to be presented to Medicaid (Doc. 18, Exs. A-1, A-2, A-3).
There are three essential elements of the FCA. A plaintiff must show (1) the defendant made a statement in order to receive money from the government, (2) the statement was false, and (3) the defendant knew it was false. United States ex rel. Crews v. NCS Healthcare of Illinois, Inc., 460 F.3d 853, 856 (7th Cir. 2006) (citing United States ex rel. Gross v. AIDS Research Alliance-Chicago, 415 F.3d 601, 604 (7th Cir. 2005)).
Plaintiff argues that it is clear from the federal and state laws that the mid-level practitioners Doty and Elsamahi were not authorized to prescribe Schedule II controlled substances and that the prescriptions they dispensed were "ineffective and nonconforming," which the Court interprets to mean were not covered by Medicaid.*fn2 The CSA provides that it is unlawful for any person to distribute or dispense a Schedule II controlled substance without the written prescription of a practitioner. 21 U.S.C. §§ 829(a), 842(a). A "practitioner" is defined as a physician or other person who is licensed, registered, or otherwise permitted by the United States or the jurisdiction where he practices to distribute, dispense, or administer a controlled substance in the course of professional practice or research. § 802(21). In this jurisdiction, Illinois, one who issues a Schedule II controlled substance must be a prescriber who:
a) Possesses a valid professional license issued by the Illinois Department of Financial and Professional Regulation as a physician licensed to practice medicine in all of its branches, dentist, optometrist, podiatrist, veterinarian, nurse practitioner, physician assistant or other licensed prescriber of another state or jurisdiction; and
b) Is licensed to prescribe Schedule II, III, IV and V drugs by the State of Illinois or any state; and
c) Must be registered by the United States Drug Enforcement Administration (DEA) to prescribe Schedule II, III, IV and V drugs.
Merely from the laws cited, it is not clear that Doty and Elsamahi were not authorized. But in Count 12 of the criminal case, the Clinics pled guilty to healthcare fraud against Medicaid in violation of 18 U.S.C. § 1347. Thus, they admitted to knowingly and willfully executing a scheme to (1) "defraud any health care benefit program" or (2) "obtain, by means of false or fraudulent pretenses, representations, or promises, any of the money or property owned by . . . any health care benefit program," in connection with the delivery of or payment for healthcare benefits, items, or services. § 1347(a).*fn3
The Clinics' guilty plea meets the three elements of the FCA. The Clinics (1) made statements, in the form of claims, to receive money from the government, i.e., Medicaid benefits; (2) admitted the statements were false (false representation is an element of healthcare fraud under § 1347(2)); and (3) knew the statements were false (knowledge is also an element of healthcare fraud). Accordingly, the Court GRANTS plaintiff's motion for summary judgment on Count 1 against the Clinics.
Plaintiff does not offer any facts specifically relating to Bedi, however. The entire argument focuses on the Clinics' guilty plea to healthcare fraud. Yet the Government dismissed its healthcare-fraud charge against Bedi. Plaintiff includes an affidavit from Kenneth W. Wells II, a special agent in the Department of Health and Human Services (Doc. 18, Ex. B). Wells states that Bedi provided pre-signed blank prescriptions to Doty and Elsamahi, and that "nonconforming prescriptions were presented." But, by whom were the prescriptions presented? These facts do not show that Bedi himself knowingly submitted false statements in the form of claims to Medicaid. It is plaintiff's burden on summary judgment to show that it is entitled to judgment as a matter of law. Count I as to Bedi is DENIED.
Bedi raises a number of arguments in his response explaining why he is not liable. He believes the Clinics' guilty plea does not apply to him via collateral estoppel. He disputes that his agreement to joint and several liability with the Clinics for the criminal restitution was a tacit admission to healthcare fraud. He observes that a failure to comply with statutes and regulations does not by itself establish a violation of the FCA. And he asserts that Doty and Elsamahi's prescriptions were not medically unnecessary, so he cannot be liable as their supervisor for any FCA violations. The Court does not find any of these defenses necessary because plaintiff did not address Bedi to begin with.
Count 2: False Claims Act Liability for Treatment of Mental-Health Issues
Plaintiff alleges that Bedi established a behavioral-health unit staffed by Elsamahi and that, under Bedi's supervision, Elsamahi was treating patients for mental-health issues outside the scope of his professional license (Doc. 18, Ex. B). Plaintiff includes an exhibit showing over 1,000 patient visits for a total amount of $85,150.37 in services (Doc. 18, Ex. C). Plaintiff avers that the Centers for Medicare and Medicaid Services have rules and regulations for providing healthcare services to rural and underserved areas, and that only qualified health providers may offer services. Plaintiff alleges that neither Bedi nor Elsamahi was qualified to provide psychiatric health services.*fn4 As plaintiff notes, defendants admitted in their guilty plea to Count 12 that they submitted claims to Medicaid for non-covered services, including medically unreasonable and unnecessary visits claimed as rural health encounters (Doc. 70, Case No. 9-CR-40048-JPG).
The Court agrees that the elements of liability under the FCA are met with respect to the Clinics. Count 12 of the Clinics' plea agreement shows that (1) they made statements, in the form of claims, to receive money from the government, i.e., Medicaid benefits, (2) the statements were false because the claims were for non-covered services, and (3) the Clinics admitted to knowing the claims were for non-covered services.
Plaintiff again does not allege any facts that would show Bedi to be liable under the FCA for knowingly submitting false or non-covered-services claims to Medicaid. Plaintiff relies entirely on Count 12 in the criminal matter, to which only the Clinics pled guilty. In addition, Bedi notes that Elsamahi sought guidance from regulatory authorities and from other practitioners to ensure that it was permissible for him to offer behavioral-health services under Bedi's supervision (Doc. 33, Ex. 2, 138--50). This creates a genuine dispute as to whether Bedi knew the claims were for non-covered services. Therefore, plaintiff's motion for summary judgment on Count 2 is GRANTED against the Clinics but DENIED as to Bedi.
Count 3: Violations of Controlled Substances Act
Plaintiff alleges in Count 3 that defendants violated the Controlled Substances Act (CSA) by knowingly dispensing ineffective and nonconforming prescriptions for Schedule II controlled substances. Specifically, plaintiff seems to argue that Doty and Elsamahi were not authorized to dispense the prescriptions, Bedi supervised them and provided them with pre-signed prescription pads, and therefore Bedi is liable under the CSA for dispensing prescriptions outside the course of professional practice.
Bedi, as a physician, was legally authorized to prescribe Schedule II controlled substances to patients. A physician can, however, be prosecuted for violating the CSA, 21 U.S.C. § 841(a)(1), if he writes a prescription "outside the course of professional practice" and without "a legitimate medical purpose." United States v. Chube II, 538 F.3d 693, 697 (7th Cir. 2008); accord 21 C.F.R. § 1306.04; United States v. Bek, 493 F.3d 790, 798 (7th Cir. 2007); see also United States v. Feingold, 454 F.3d 1001, 1008 (9th Cir. 2006) ("[T]he jury must make a finding of intent not merely with respect to distribution, but also with respect to the doctor's intent to act as a pusher rather than a medical professional."). As discussed above, under Count 1, the CSA and State of Illinois require practitioners who prescribe Schedule II controlled substances to be licensed by Illinois and registered with the DEA.
Plaintiff cites the above criminal laws and standard, but has not shown that a civil cause of action exists under the CSA. Cf. United States v. Alerre, 430 F.3d 681, 689--90 (4th Cir. 2005) (distinguishing the criminal standard under the CSA from the civil standard under medical-malpractice law). Consequently, the Court FINDS that plaintiff has not shown it is entitled to judgment as a matter of law.
Moreover, as best the Court can discern, plaintiff is suggesting that
Bedi is liable under the CSA because Doty and Elsamahi were not
authorized to dispense Schedule II controlled substances. So, the
argument goes, it was outside the course of professional practice for
Bedi to provide them with pre-signed prescription pads.*fn5
Bedi responds, however, that plaintiff conceded in the
criminal case that neither Doty nor Elsamahi prescribed medically
unnecessary controlled substances to patients (Doc. 33, Ex. 5, ¶ 16).
In fact, the United States objected to Bedi's presentence report
[T]he prescriptions provided by both mid-level practitioners were done so [sic] in good faith and through the use of good professional judgment in assessing their patients' medical needs.
As such, Bedi cannot be held liable in a supervisory position where the prescriptions issued by his mid-level practitioners have a legitimate medical purpose. (id.). In addition, Bedi's wife and office manager, Virender Bedi, attests that she and Bedi had researched whether Bedi could provide pre-signed prescription pads to Doty and Elsamahi. They decided that the prescription pads should be kept in a locked cabinet and only used in emergency and maintenance-therapy situations (Doc. 33, Ex. 1, ¶¶ 11, 12). These facts do not suggest Bedi was acting as a pusher rather than a medical professional; it was not clearly outside the course of his professional practice or without a legitimate medical purpose when Bedi provided Doty and Elsamahi with pre-signed prescriptions.
Plaintiff does not address the Clinics directly. In the criminal case, the Clinics admitted to a conspiracy, under 21 U.S.C. § 846, for the unauthorized prescriptions dispensed by Doty and Elsamahi (Doc. 69, Case No. 9-CR-40048).*fn6 They also stipulated that Doty and Elsamahi's prescriptions were medically unreasonable and unnecessary. Yet plaintiff applies the standard of liability for physicians without saying whether the same standard would apply to a physician's employer. And the Clinics did not themselves admit to the unauthorized dispensing of controlled substances, only to conspiracy.
The Court FINDS that plaintiff has not shown the existence of a civil cause of action in Count 3. Further, Bedi has demonstrated a genuine dispute as to material facts, and the Clinics' guilty plea to conspiracy does not establish their direct liability here. Plaintiff's motion for summary judgment on Count 3 is, accordingly, DENIED.
Count 4: Common-Law Fraud
Plaintiff next argues that defendants' guilty pleas show they are liable for fraud. The Clinics admitted to submitting claims to Medicaid for non-covered services, which were for medically unreasonable and unnecessary prescription controlled substances and visits claimed as rural health encounters (Doc. 70, Case No. 9-CR-40048-JPG). In all, they caused about $47,784.31 in unauthorized prescription claims to be paid by the Illinois Department of Healthcare and Family Services, or Medicaid. Here, again, plaintiff does not directly address Bedi, only the Clinics.*fn7
Under Illinois law, fraud must be established by clear and convincing evidence. Davis v. G.N. Mortg. Corp., 396 F.3d 869, 881 (7th Cir. 2005). To prove fraud, the plaintiff must establish "(1) a false statement of material fact; (2) defendant's knowledge that the statement was false; (3) defendant's intent that the statement induce plaintiff to act; (4) plaintiff's reliance upon the truth of the statement; and (5) plaintiff's damages resulting from reliance on the statement." Id. at 882 (quoting Capiccioni v. Brennan Naperville, Inc., 791 N.E.2d 553, 558 (Ill. App. Ct. 2003)). The final element is not at issue here because the Clinics admitted to causing $47,784.31 in unauthorized prescription claims.
Under the first element, the Clinics admitted to submitting false statements, in the form of nonconforming claims, to Medicaid. A statement is material if the plaintiff would have acted differently knowing the information, or if it concerned the type of information on which the plaintiff would be expected to rely, in making the decision to act. See Wernikoff v. Health Care Serv. Corp., 877 N.E.2d 11, 16 (Ill. App. Ct. 2007).*fn8 Plaintiff asserts that defendants' claims were material because providers who enroll in the Medicaid program agree to submit claims only for "medically and reasonably necessary services" covered under the program. The Court cannot verify these assertions because plaintiff does not provide any evidence of the provider agreements or the terms of those agreements. See Fed. R. Civ. P. 56(c)(1). Nonetheless, the Clinics submitted claims for "non-covered services," which by definition suggests that Medicaid would have acted differently had it known that information.
The second element of fraud is met because the Clinics knew their statements were false, having admitted to healthcare fraud in Count 12. Similarly, the third element, that the Clinics' intended to induce Medicaid to act, is met by their admissions that they knowingly and willfully engaged in "a scheme to defraud a health care benefit program."
To satisfy the fourth element, plaintiff must show that Medicaid relied on the truth of the Clinics' statements. Plaintiff alleges that Medicaid did so rely, as evidenced by its continued payments. Yet reliance requires not only that the plaintiff relied on the statements, but that it was justified in doing so. Davis, 396 F.3d at 882. And whether the plaintiff was justified in doing so is a fact-specific question. James v. Lifeline Mobile Medics, 792 N.E.2d 461, 465 (Ill. App. Ct. 2003). Here, the Court cannot conclude that continued payments is evidence by itself of justified reliance. This is a fact-specific question, and not many facts have been presented. The Court therefore does not FIND that justified reliance has been shown, where the burden is on plaintiff to establish fraud by clear and convincing evidence.
Plaintiff has not provided enough evidence to meet all the elements of fraud. The motion for summary judgment on Count 4 is, accordingly, DENIED.
Count 5: Breach of Contract
In Count 5, plaintiff alleges that defendants entered into a valid and enforceable agreement when they enrolled in the Illinois Medical Assistance Program and were designated as rural health providers. Plaintiff adds that, as part of their contract, defendants agreed to submit claims for only medically and reasonably necessary services. Further, the United States is a party because the Department of Health and Human Services administers Medicaid on the federal level and reimburses approximately half of Illinois' costs. Thus, plaintiff suggests that defendants breached their contract with the federal and state Medicaid program by violating the rules of the program. Plaintiff claims damages of $113,461.66 from over 400 nonconforming prescriptions issued by defendants and over 1,000 false claims presented to Medicaid (Doc. 18, Exs. A-1, A-2, A-3, C).
Plaintiff has not met its burden of proof on Count 5, however. For example, plaintiff does not submit the terms of any agreement. "A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations . . . , admissions, interrogatory answers, or other materials." Fed. R. Civ. P. 56(c)(1). Plaintiff also does not cite any legal authority other than the elements of breach of contract in Illinois. Bedi responds that the Clinics, or providers, entered into an agreement with the State of Illinois, not the federal government. He says the federal government is not the proper party to bring this claim. He does not cite authority either, however.
The Court FINDS that plaintiff has not met its burden on a motion for summary judgment to show that there is no genuine dispute as to any material fact and it is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a). Accordingly, Count 5 of the motion for summary judgment is DENIED.
Count 6: Unjust Enrichment from False Claims Submitted to Medicaid
Plaintiff believes the same facts that support liability under the False Claims Act support liability for unjust enrichment. Under Illinois law, unjust enrichment consists of (1) the defendant receiving a benefit, (2) to the plaintiff's detriment, (3) where the defendant's retention of the benefit would be unjust. TRW Title Ins. Co. v. Sec. Union Title Ins. Co., 153 F.3d 822, 828 (7th Cir. 1998). "[W]here the plaintiff's claim of unjust enrichment is predicated on the same allegations of fraudulent conduct that support an independent claim of fraud, resolution of the fraud claim against the plaintiff is dispositive of the unjust enrichment claim as well." Ass'n Benefit Servs., Inc. v. Caremark RX, Inc., 493 F.3d 841, 855 (7th Cir. 2007).
The Clinics admitted to healthcare fraud of the Medicaid program in Count 12; i.e., they engaged in a scheme to defraud Medicaid in exchange for healthcare benefits and services (Doc. 69, Case No. 9-CR-40048-JPG). See 18 U.S.C. § 1347. So, the Clinics received a benefit and it was to plaintiff's detriment. Having committed a scheme to defraud Medicaid, the Clinics' retention of the benefits they received would be unjust. The Court therefore GRANTS plaintiff's motion for summary judgment on Count 6 in favor of plaintiff and against the Clinics. But, no facts were alleged that Bedi himself received a benefit to plaintiff's detriment or that his retention of anything would be unjust, and Count 6 is therefore DENIED as to Bedi.
Count 7: Payment by Mistake
As its final claim, presumably, if all else fails, plaintiff says it is entitled to recover money that the United States paid to defendants by mistake. It is a remedy available to the United States independent of statute. United States v. Mead, 426 F.2d 118, 124 (9th Cir. 1970); United States v. Wurts, 303 U.S. 414, 415 (1938). Thus, the United States can recover funds that its agents have wrongfully, erroneously, or illegally paid. Mead, 426, F.2d at 124 (quoting Kingman Water Co. v. United States, 253 F.2d 588, 590 (9th Cir. 1958)). The Seventh Circuit has explained that the ground for the mistake-of-fact theory is unjust enrichment-because the recipient of the money has no right to retain money paid to him by mistake. United States v. Frontone, 383 F.3d 656, 660--61 (7th Cir. 2004). Thus the Court finds that this claim duplicates the unjust-enrichment claim in Count 6. Plaintiff's agents erroneously paid the Clinics certain healthcare benefits as a result of the Clinics' scheme to defraud Medicaid. Plaintiff is entitled to recover the funds it erroneously paid. The motion for summary judgment on Count 7 is GRANTED in favor of plaintiff and against the Clinics. No facts were alleged here against Bedi, so, as to him, Count 7 is DENIED.
Based on the foregoing, the Court hereby GRANTS IN PART AND DENIES IN PART plaintiff's motion for summary judgment (Doc. 17). The motion is GRANTED as to Counts 1, 2, 6, and 7, and judgment is entered in favor of plaintiff and against the Clinics. The motion is DENIED as to all remaining counts against the Clinics, and DENIED on all counts as to Bedi.
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With the use of visual aids, videotapes/dvds, books and performance, can provide a well rounded tutoring session for those attending any level American Sign Language courses whether this be an elementary student, or a high school/College student. Native American Sign Language user. Deaf but can read lips and speak legibly in order to assist in the tutoring process. Attended National Technical Institute for the Deaf in Rochester, New york and Gallaudet University in Washington DC. Both being top institutions of higher learning for Deaf individuals.
I have been signing collectively for about 14 years. I have been active in the deaf community for the past 3 years. In the past I have interpreted for adult education classes and medical appointments with Deaf, Deaf and Blind, and Hard of Hearing individuals. I have previously taught new mothers how to instill sign language as a verbal communication for their infant child to support brain development and lower frustrations for both mother and child.
I have recently graduated from College of the Canyons with an Associates Degree in Psychology. I am currently attending Brandman University for a Bachelors Degree in General Psychology, which should be completed by summer of 2015. My teaching style will be based on each individual clients needs for the area they are currently studying.
I am Deaf and grown up with ASL (American Sign Language). I love to teach anyone to learn how to sign language. I can help you to get ready for your test or for your first time to socialize in Deaf event. I have a lot of experience with sign language. I have been tutoring with a couple of ASL students outside of their campus. Before they reached out to me, they failed their ASL exams more than twice. After the tutoring session with me, they all passed their exams. I have a lot of patience to tutor with anyone.
I am currently entering ASL 5 at college level, I am a member of the American Sign Language Honor Society, and have tutoring experience. I recently graduated from Ayala High School with honors. I have been studying ASL for more than 4 years now and I am eager to share my experience and knowledge with those eager to learn. I am very approachable and friendly. My experience and knowledge are better suited for students taking ASL 1 through 3. I would say my teaching style is that everyone has the potential to improve and that everyone has the ability to learn. I am very patient and my goal is to help every individual student's needs, whatever that may be. My schedule is very flexible and I am available weekdays, evenings and some weekends.
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I grew up with the deaf cuture and family. Throughout my teen years I assisted with translating English to Ask and visa versa. I have worked for many agencies interpreting mainly for doctors offices. I've worked for agencies mainly interpreting for doctors offices. I have grown up in the deaf culture since birth. I have been privileged of being taught and fluently learning the America Sign. I have many years of interpreting experience and find joy in helping others. I have taking some classes as well as staying involved within the deaf culture and history.
I am a very recent graduate of California State University Northridge, with a degree in Deaf studies. I am fluent in American Sign Language, as well as having a deep understanding of Deaf culture. I would love to share my knowledge and love for this unique visual language with individuals willing to learn. Any individual with a curiosity about American Sign Language or individuals that know or have a Deaf family member that they would like to communicate with are welcome.
Two college semesters of ASL, taken with a deaf professor. I have also translated songs for a choir. Although I am not fluent in this language, it remains to be one of my absolute favorites. I have tutored many young students throughout my life, and have been tutored myself. I do find it easier to work with younger children; however, I am capable of assisting those of high school or college age students who are struggling. I have helped young children learn how to read, write, count, and tell time on an analog clock. Though I do not have strictly professional tutoring experience (I have never been paid for my services) I know how to identify student's learning style(s) and work with them a way that they will benefit from. I believe that children and adult education is extremely important, and I can also assist those of any age who would like to learn to read and write.
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text:
The conservation of biological diversity depends on people's knowledge and actions. This book presents the theory and practice for creating effective education and outreach programmes for conservation. The authors describe an exciting array of techniques for enhancing school resources, marketing environmental messages, using social media, developing partnerships for conservation, and designing on-site programmes for parks and community centres. Vivid case studies from around the world illustrate techniques and describe planning, implementation, and evaluation procedures, enabling readers to implement their own new ideas effectively. Conservation Education and Outreach Techniques, now in its second edition and updated throughout, includes twelve chapters illustrated with numerous photographs showing education and outreach programmes in action, each incorporating an extensive bibliography. Helpful text boxes provide practical tips, guidelines, and recommendations for further exploration of the chapter topics. This book will be particularly relevant to conservation scientists, resource managers, environmental educators, students, and citizen activists. It will also serve as a handy reference and a comprehensive text for a variety of natural resource and environmental professionals.Susan K. Jacobson, Mallory McDuff, Martha Monroe ... This information will help conservation educators use the power of social marketing techniques in an honest and ... or responding to their concern, and asking for their cooperation in designing a strategy to solve the problem. ... Douglas McKenzieMohr, an experienced social marketer, trainer, and author of several useful manuals, encouragesanbsp;...
|Conservation Education and Outreach Techniques
|Susan K. Jacobson, Mallory McDuff, Martha Monroe
|OUP Oxford - 2015-09-03


text:
Those who know me know that I'm not Seungri biased. I've never been. But let me tell you somethig: that doesn't make me blind to how talented he is or how much effort he puts on everything he does as one of the members of Bigbang.
About how he's treated. I've talk about this with the DG. I've been concerned about the way the other members treat him, the jokes…I feel like he has to put on a show and be "extra" to get his time because he "knows" the attention will be on the others; that he as he is wouldn't get as much attention. And that hurts even if he's not your bias because that's not what he deserves after 10 years of working his soul off. He's a grown man, one that has worked so hard to get to this point, not only the goofy one of the group… (Also, he's no that way when he's DJing or with his business)
And the way he's trated has an impact in the way fans look at him. See him as the "funny" one, the cutie…(I do understand the role of the maknae in a group, but they're no longer teenagers. Again, he's a grown man. Are they going to treat him the same when they're 30-40??)
He should leave BB(?) Although I think he's not being treated the same as others, bigbang wouldn't be the same without him. Bigbang wouldn't be here without him. He deserves his place in Bigbang. He loves Bigbang. Bigbang without Seungri IS NOT BIGBANG.
Even if the company (and some VIPs) seem to think that his career and his solos aren't as important as other's he's an amazing singer. You can like him or not, but he is and he deserves a minimum of respect after all this time.
One thing that I love about him, one thing that I'd never forget is how much he loves vips. And it seems like he has to beg for attention, for love. He even thinks that he's the last on the VIP's hearts. How can you say you're a BB fan, a VIP if you're part of the group that makes him feel that way?.
He's important. He's talented. He's Bigbang. He's loved. He deserves to be trated the same, and with respect.


text:
Cape Town Townships
Unique Situation
South Africa though a stunningly beautiful and diverse nation remnants of apartheid still remain. It is estimated that nearly 20% of the adult female population is HIV positive.
Unique Need
To experience the overwhelming love that Jesus has for them and to know the amazing value He has placed on them.
Ministry Options
- Children and youth outreach
- Evangelism
- Medical Clinics
- Construction and Work Projects
- Mentorship
- Cosmetology
Trip Dates
July 27-August 10, 2014
Trip Prices
$3,498 all-inclusive from New York, NY
$3,798 all-inclusive from Los Angeles, CA
Simple Church. Simple Love. Simply Jesus.
Known as the rainbow nation, South Africa is a country with nine provinces and eleven official languages. This country is as diverse in people groups as it is in terrain. The South African people are some of the most gracious, warm, and generous people in the world. However, the country remains scarred after the government-sponsored racism known as apartheid. If Christ's healing hand is brought to the broken-hearted they can permeate the nations of Africa with His message of hope and love.
Travel to the Cape Town region of South Africa, where we'll be serving with All Nations Ministry pioneered by church planter and author, Floyd McClung.
Our focus will be on the urban settlement of Masiphumelele. Initially known as "Site 5″, this township was re-named by its residents from a Xhosa word meaning "we will succeed".
Over 38,000 of these colorful, multi-ethnic people suffer under a heave spirit of hopelessness, brought on by a 70% unemployment rate, high levels of child abuse, and poverty. We're working to change this by bringing the love of Christ through evangelism, construction, medical clinics, children's and youth outreach, mentorship, and even cosmetology.
For more information about Short Term Missions, click here »


text: Hi guys I cannot upate or restore my ipod touch 2g mc! Heres what I did: Jailbroke 3.1.3 using Spirit All working fine until I want to update to 4 I downloaded OS 4 for 2g off www.felixbruns.de/iPod/firmware/ I clicked restore but it never gets past "preparing ipod for restore" I can use irecovery to get it out of recovery mode but it is still only 3.1.3 In itunes there are various errors like when trying to update it crashes, and restore errors 2005 and sometimes (but not anymore) error 3000 PLZ HELP THANKS P.S. I am on mac osx 10.5.4 and using itunes 9.0.1 ****FIXED READ BOTTOM THREAD FOR DETAILS****


text:
The Steak House
Nizmar Resort, Ground Floor, Naika Vaddo, In Nizmar Resort, Calangute, North, Goa
(+91) 83222759090, (+91) 83266577770
- Cuisine
- European/Continental
- Seafood
- Cost
- 800 for two people (approx.)
- Facilities
- Take Away
Steaks, as the name suggests, are the speciality at this somewhat rundown restaurant at Nizmar Resort. Popular orders here are the Steak Diane, a tender steak that's flambéd with toddy and a large Chateaubriand. The Chicken Monalisa (grilled chicken breast) finds takers, too. Also popular with the visitors are Chicken Peshawari, Prawn and Mushroom Korma, Rogani Fish Adraki, Chicken Shashlik Masala, Paneer Pasanda, Nilgiri Korma and Paneer Birbali Aloo. For dessert, try the Banana Fosters Flamb ...


text:
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September 30, 1988
529 N.E.2d 1081, 175 Ill. App. 3d 555, 125 Ill. Dec. 5 1988.IL.1487
Appeal from the Circuit Court of Cook County; the Hon. George Marovich, Judge, presiding.
APPELLATE Judges:
JUSTICE JOHNSON delivered the opinion of the court. McMORROW and LINN, JJ., concur.
Plaintiff, Anastasia Lambesis, appeals from the decision of the circuit court of Cook County confirming the order of the Illinois Liquor Control Commission, defendant (hereinafter Commission), that refused to renew her liquor license. Plaintiff raises the following issues on appeal: (1) whether the trial court properly determined that the constitutional questions proffered by her were beyond the scope of its review; and (2) whether the Commission's order was against the manifest weight of the evidence.
We affirm.
On June 15, 1987, plaintiff filed an application to renew her Class F liquor license with the Town of Cicero (defendant) to operate her place of business, known as the Cypress Lounge, until 6 a.m. On June 29, 1987, a hearing was held relating to plaintiff's application. Plaintiff's husband, who was also the manager of the Cypress Lounge, two police officers, and a patron testified that the lounge did not provide entertainment. On July 1, 1987, Betty Loren, the local liquor control commissioner (hereinafter local commissioner), issued an order denying plaintiff's application. The order stated that plaintiff's application was denied due to the license's failure to comply with section 4 -- 28(7)(f) of the Cicero Code of Ordinances. (Cicero, Ill., Code of Ordinances ch. 4, par. 4 -- 28(7)(f) (1987).) Section 4 -- 28(7)(f) provides as follows:
"In the event any place of business issued a Class 'F' license ceases to have entertainment, the Class 'F' license shall be revoked along with all additional privileges given thereunder, and the place of business shall revert back to its original classification of Class 'A' or Class 'A-B' as the case may be."
On August 5, 1987, plaintiff appealed to the Commission, which upheld the local commissioner's order. Subsequently, plaintiff sought administrative review in the circuit court of Cook County. On October 8, 1987, the trial court confirmed the Commission's order. This appeal followed.
Plaintiff's first contention is that the trial court erred in determining that it was without authority to consider her constitutional arguments based on due process and equal protection guarantees. She argues that the Cicero ordinance is vague and ambiguous and therefore unconstitutional. She further claims that she made the above constitutional arguments during her hearing and petition to the Commission; therefore, the issues are a part of the record and reviewable by the trial court.
Under the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par. 3-110), the trial and appellate courts are limited to the record in determining "(1) whether the findings and orders of the commissioner are against the manifest weight of the evidence, and (2) whether the commissioner acted arbitrarily and without cause or in clear abuse of his discretion." Spiros Lounge, Inc. v. Illinois Liquor Control Comm'n (1981), 98 Ill. App. 3d 280, 283-84.
The trial court properly confirmed the Commission's decision. Neither the Commission nor the local commissioner made any findings of fact or Conclusions of law on any constitutional issues. Plaintiff's complaint for administrative review does not include allegations concerning violations of her constitutional rights. Furthermore, no issues relative to the validity or constitutionality of the ordinance in question were raised in plaintiff's pleadings. Plaintiff cannot interject constitutional arguments before the court when they have not been properly pleaded in her complaint or ruled on by the Commission.
"It is an elementary rule of law that the issues in a case are formed by the pleadings and the allegations and the proof must correspond. A party may not prevail where the proof does not follow the allegations, and conversely where the allegations are not substantiated by any proof." (Tonchen v. All-Steel Equipment, Inc. (1973), 13 Ill. App. 3d 453, 467.)
Consequently, the trial court did not err in ordering that it was without authority to consider plaintiff's constitutional arguments.
Plaintiff's second contention is that the Commission's order was against the manifest weight of the evidence. She argues that the Commission's interpretation of the ordinance in question, i.e., what constitutes entertainment, is not related to liquor control.
Substantial deference must be accorded to the administrative agency's own interpretation of its rules. (Rend Lake College Federation of Teachers, Local 3708 v. Board of Community College, District No. 521 (1980), 84 Ill. App. 308, 311.) "Reviewing courts may interfere with the construction and application of regulations only where administrative interpretation is plainly erroneous." (Emphasis in original.) Rend Lake College Federation of Teachers, Local 3708, 84 Ill. App. 3d at 311.
Under the Administrative Review Law, the findings of fact and Conclusions by the administrative agency are considered prima facie true and correct. (Ill. Rev. Stat. 1985, ch. 110, par. 3-110.) For this reason, on review, it is not the proper function of the court to reweigh evidence or to substitute its judgment for that of the agency. (Meyers v. Illinois Department of Public Aid (1983), 114 Ill. App. 3d 288, 291.) The agency's decision must be affirmed unless it is against the manifest weight of the evidence. "[In] order to reach the Conclusion that a particular finding is against the manifest weight of the evidence, this court must be satisfied that an opposite Conclusion is clearly evident. [Citation.]" (Meyers, 114 Ill. App. 3d at 291.) We are not satisfied.
Section 7 -- 5 of the Dramshop Act provides:
"The local liquor control commissioner may revoke or suspend any license issued by him if he determines that the licensee has violated any of the provisions of this Act or of any valid ordinance or resolution enacted by the particular city council, president, or board of trustees or county board (as the case may be) or any applicable rule or regulations established by the local liquor control commissioner or the State Commission which is not inconsistent with law." (Ill. Rev. Stat. 1985, ch. 43, par. 149.)
The Dramshop Act also states that the local liquor commissioner's authority to revoke shall be for "cause." Although what may be considered "cause" is not defined in the Act, the law is well established that the local commissioner is vested with broad discretionary power in determining the scope of the agency's rules. Askew v. Daley (1978), 62 Ill. App. 3d 370, 373.
The record here reveals that the local commissioner denied plaintiff's application for a Class F license based on her finding that no entertainment was provided at the lounge, which is a requirement of the Cicero ordinance. There was testimony at the hearing to substantiate the court's finding that no entertainment was provided at the lounge. Contrary to plaintiff's assertion, the Commission found that a jukebox was not the type of entertainment that would satisfy the requirement of the ordinance. Hence, the Commission's interpretation of the ordinance is not plainly erroneous. Additionally, the findings and Conclusions of the Commission were not against the manifest weight of the evidence nor do we find any abuse of discretion by the Commission.
For the foregoing reasons, we affirm the judgment of the circuit court of Cook County.
Judgment affirmed.
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Idomeneo Colonial Theatre - Keene Keene, NH Tickets
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text:
Arogyakeralam Kerala has issued a recruitment notification for the recruitment of Consultant through recruitment notification. Candidates who have completed MSc/MA/ M.S.W/ PG Diploma can apply for the new recruitment notification from Arogyakeralam Kerala.
Eligible candidates can apply online for the Consultant Professor Job on or before 21.01.2015. Find more information about the vacancy like Age limit, Selection Process, Qualification, Application fee, How to apply etc can be found below.
|Company Name
|Arogyakeralam Kerala
|Vacancy Name
|Educational Qualification
|M.Sc/M.A/ MSW/ PG-Diploma
|Total No of Vacancy
|01 Posts
|Rs. 25,000 /- p.m.
|Job Location
|Last Date to Apply for this job
|Address for the Job Vacancy
|National Rural Health Mission, General Hospital Junction, Trivandrum- 695035
Detail of Arogyakeralam Kerala Consultant Recruitment:
- Name of Post: Consultant (BCC)
- No. of Post : 1 (State Head Quarters)
- Qualification & Experience : MSc/MA(Mass Communication)/M.S.W & P G Diploma in Health Education.& At least 5 years experience in Mass Communication in relation to social sector Preference will be given to persons having experience in Health & Family Welfare Department. Fluency in English is essential.
- Age :Maximum40 years as on 01.01.2015.
- Method of Recruitment : On contract basis
- Salary : Rs. 25,000 /- per month.
Selection Procedure for Arogyakeralam Kerala – Consultant Post:
- Candidates can apply on or before 21.01.2015.
- No detailed information about the selection procedure is mentioned in the recruitment notification.
How to apply for Consultant vacancy in Arogyakeralam Kerala:
- The applications forwarded other than through ONLINE will NOT BE CONSIDERED
- The applications that are not complete in all respect will not be considered for short listing.
- The maximum age limit will be 40 years as on 01.01.2015. Examination Fee — Rs. 250/- (Rupees Two Hundred and fifty only). The amount should be deposited in the bank in Account no: 626201086917 with ICICI bank in the name of
- State Programme Manager(Admn&Training). The Receipt/Counter foil should be attached in the application when you are applying job in online portal.
- The selected candidate should be willing to relocate anywhere in the State. The applicants should be excellent in writing skills both in English and Malayalam and
- should be proficient in computers. Thorough knowledge of MS Office/Open Office is essential.
- Selection will be based on qualification, qualification experience and performance in the written test and interview. The successful candidates will be appointed on contract initially for a period of three 8 months. The District Health & Family Welfare Society (Arogyakeralam) may at its discretion, based on the performance and integrity of the successful candidate, may extend the period of contract.
- Opportunities for advanced training will be available.
- Candidate should be willing to work in any District of Kerala as decided by the Society.
- The successful candidate will have to enter into a contract with the Society as per format annexed as Annexure-I uploaded in www.arogyakeralam.gov.in
- Candidates who have attended regular classes in colleges under recognized Universities need only apply. STATE MA (NHM) P The posts are for immediate requirement and the Society may prioritize the interview for different category of posts, on the basis of its requirement. The Society may also require the candidates to undertake demonstration of skills in the area/ specialization concerned, on the basis of recommendations of a selection committee. Claims in respect of qualifications/ experience etc. should be supported by copies of relevant documents; candidates may be required to produce the originals at the time of interview.
- It will be ideal to provide reference, especially the names of superior officer, whom the candidate had worked in the previous organization(s). Candidates are also advised to desist from contacting the head office over phone for clearing doubts/ seeking more information, as far as possible. Society will provide necessary details to the queries raised over the email by candidates.
- No TA/DA will be paid for the interview. In case of posts on deputation, the candidates are expectedto apply through proper channel. If this is not possible before the timelimits, the candidates shallcompulsorily produce 'no-objection certificate' from the employer at the time of interview. All communications, including theinterviewcall letter, from the Society side willbe only through email. Candidates are advised to browse the website www.arogyakeralam.gov.in regularly for updates/ notices and announcements. The posts are temporary in nature during the period of the operation of the Mission and no claim for permanency of jobor labour claimstothe NRHM,DHSor the Government.
- Canvassing in anyform will lead to automatic disqualification. Candidates are advised to desist from such unholy practices.
- The Receipt/Counter foil along with the hard copy detailsofcandidates should be forwarded to NRHM office, failing which their application will be rejected. The envelope containing application should be superscribed "Application for the Post of " & should reach before 5 pm on 21.01.2015 'TheState Mission Director, National Rural Health Mission, General Hospital Junction, Trivandrum- 695035″. All selected candidates will begovernedby rules and regulations of NRHM inforce from time to time.
- The last date of submission of ONLINE Application is 21.01.201 05.00 PM.
Important dates to remember :
Last date to apply for this job : 21.01.2015
|Click here for More Details
|All Jobs From Arogyakeralam Kerala
|Other State Government jobs
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Posted on :05-12-2016
Mazagon Dock Limited
Name of Post : Junior Executive, Multiple Post
Eligibility :8TH , 10TH , 12TH , Diploma , Any Graduate
Job Location :Mumbai
Last date to Apply : 20-12-2016
Posted on :05-12-2016
Hindustan Aeronautics Limited


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BROOKLYN - Italian pride took center stage with the night lift of the Giglio in Williamsburg yesterday.
More than 100 men carried the 80-foot tall Giglio statue through the streets. The statue itself weighs three tons.
Residents bear the heat every July to enjoy the sights and sounds of the festival, which celebrates the return of Saint Paulinus to Nola, Italy.
The feast has been a Brooklyn tradition since 1903.


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Saurabh Kumar
S/w Er. Saurabh Kumar (MCA) is an IT expert, working as "System Analyst" in "Delhi Urban Shelter Improvement Board (DUSIB), Govt. of NCT of Delhi". He is an ORACLE certified Java professional and at home in developing verious software, such as web application, desktop application, mobile application etc. He develops his application with a signature "SauApps". Android applications developed by him is available at Google play store.
"When love and skill work together, expect a masterpiece." - John Ruskin


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Raspberry Tie-Dye Pops
Total Time
Prep 15 mins
Cook 0 mins
Blending yogurt with lemon juice results in an airy mixture that is more delicious when frozen. If the fruit is not ripe, add a half cup of orange juice to the puree. Can substitute 1 pound black or red plums (pits removed) instead of raspberries.
Ingredients Nutrition
- 3 pints raspberries
- 2 tablespoons fresh lemon juice
- 32 ounces low-fat vanilla yogurt or 32 ounces nonfat vanilla yogurt
- Place 2 1/2 pints raspberries in the jar of a blender or the bowl of a food processor.
- Pulse briefly, then puree until nearly liquid, about 1 minute.
- For plum pops: Pass puree through large-mesh sieve to remove skin.
- For raspberry pops: Pass puree through a very fine sieve to remove seeds, you should end up with 1/2 cup.
- Add 1 tablespoon lemon juice, and blend.
- Rinse out blender jar, and blend yogurt with remaining tablespoon lemon juice until smooth.
- Layer each 1/3-cup pop mold with yogurt and puree, adding rest of raspberries along the way.
- Swirl mixtures together with knife.
- Let freeze 25 minutes.
- Insert wooden pop sticks halfway, and freeze overnight.
- Pops will keep, frozen, for at least 3 weeks.


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With a stay at LetoMotel München City Nord in Munich (Moosach), you'll be minutes from Olympia Shopping Mall and close to Olympic Park. This hotel is within close proximity of Olympic Stadium and Olympiahalle.
Make yourself at home in one of the 155 air-conditioned rooms featuring 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 desks and coffee/tea makers, and housekeeping is provided daily.
Make use of convenient amenities, which include complimentary wireless Internet access and tour/ticket assistance.
Continental breakfasts are available daily for a fee.
Business, Other Amenities
Featured amenities include a 24-hour front desk and luggage storage. Self parking (subject to charges) is available onsite.


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- Home
- Weaving/Braiding
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- Isis Afri Naptural Crochet Braid 3D CUBIC TWIST MEDIUM 14"
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Product Reviews
Different settings on individual monitors may distort or change actual color. We really go the extra mile to make sure our photos look as accurate as possible! We represent our pieces exactly how it looks and use a high end camera to ensure maximum color clarity. We also provide a description of the shade, a close up of the color tone and pictures of our products from multiple angles.
Please also note that Product packaging design may be updated by the manufacturer without notice and the photo representing the product could be outdated. It is important to note that you could receive an item with the updated design but the ingredients are still the same.
Please review your selection carefully before purchase!
Alluring Looks ~ Irresistible Prices ~ Inviting Service
Processing Time referred to as "in-house processing" is between one to three business days. It is the time from when the order is placed until it leaves our facility. Orders are processed in the order they are received.
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Home Maintenance Schedule
Seasonal Home Maintenance Schedule Template | Home Management Binder
Home Maintenance Schedule
Attention all current homeowners and people in the market to purchase a home, the Homeowner's Yearly Checklist is a must have for you.
Give Your Home a Long Life Using This Annual Maintenance Schedule [printable] » Harrisonblog
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Hi friends, and happy 2016!! This is my very first post of the new year…..I had started this post prior to my getaway and then abandoned it and scheduled what had posted thinking I would resume my Seven on Sunday next week however I so missed being on my blog and being in blogland in …
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Household Management Checklist – The HH List More
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text:
1857 · New York
by Wise, Daniel
New York: Carlton and Porter, 1857. Later printing. Hardcover. Very Good. 1857. Later printing. Hardcover, 24mo. in black cloth with gilt rose decoration and spine title, all edges gilt. 160pp. frontis. Very good. Chipping to cloth spine ends. Blunting to board corners. Ownership signature to front endpaper. Foxing throughout. Contents are intact and unmarked. A collection of religion based advice for newlyweds, including the faith based marriage, setting up the home, avoiding arguments, and of course, dealing with the domestic help. (Inventory #: z010001)


text:
Forecast Value Added (FVA) – Series 2 Interview
Interviewer: Michael Gilliland, SAS This month's interview is with Shaun Snapp, founder and editor of SCM Focus, where he provides independent supply chain software analysis, education, and consulting. Shaun's experience and expertise spans several large consulting companies and at i2 Technologies before staring SCM Focus. He has a strong interest in comparative software design… Read more>>


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TRAILER | PS3 Tuesday, September 17, 2013 | 8:24 AM
A tv ad for Beyond Two Souls
TV Ad
Download: MP4 HD
All comments
Posted by KORNdog... didn't show much anyways so it's probably good you didn't XD
nope, won't be watching that one.
nope, won't be watching that one.
Posted by ProwerBecause this will be more like a movie than a game.
This seems so interesting, but why is it running on anamorphic?
This seems so interesting, but why is it running on anamorphic?
Also, don't expect the scenario to be good, the game writer/director is just a pathetic troll.
What you should expect are action sequences put tail to tail and a lot of close ups of Ellen Page crying or depressed. (and a shower scene for masturbation purposes)
You may like it as you may like a standard hollywood movie, it will be entertaining, but not quite a masterpiece.
Posted by ProwerGoing for a more cinematic feel.
This seems so interesting, but why is it running on anamorphic?
This seems so interesting, but why is it running on anamorphic?
About the game
- Beyond: Two Souls
- Published by Sony Computer En...
- Developed by Quantic Dream
- French release: Available
- US release: Available
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- Techland officially becomes a global video game publisher
- No Man's Sky delayed to August 9
- Mass Effect: Andromeda will now ship in early 2017
- EA & Respawn developing a new Star Wars game


text:
This table lamp is created with a very simple and intuitive design; it starts with the two main parts needed to build a lamp: the the light and its body. We combine these elements, not with screws or joints but rather simply letting the bulb hang from its body, like a little sweet bird standing on its birdcage.
This permits to have an easy way to change the bulb, a simple way to clean the lamp, a fast way for assemblage, as well as a smart packaging. The materials used are eco-friendly polycarbonate (heat resistant up to 120°C); colored wire and energy A class 310 lm light bulb.
Images by ph. Sergio Bianco
Images by ph. Sergio Bianco


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Sweet Poppy Seed Dressing
Beth Horban
This dressing is delicious on Spinach Salad or Pasta Salad. I'll share two of my favorites.
Featured Pinch Tips Video
- 1 c
- sugar
- 1 1/2 tsp
- dry mustard
- 1 1/2 tsp
- salt
- 1 Tbsp
- onion juice
- 1 c
- salad oil
- 1 1/2 tsp
- poppy seeds
- 1/2 c
- apple cider vinegar
Directions Step-By-Step
1In the top of a double boiler, combine sugar, mustard, salt and vinegar. Heat over hot water until the sugar is dissolved.
2Pour into blender and slowly blend in onion juice and salad oil. Add poppy seeds at the very end.
3Refrigerate until ready to serve. Keeps well. If dressing seperates, shake or stir.
About this Recipe
Course/Dish: Dressings
Other Tag: Quick & Easy


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decided: January 4, 1967.
ESKIL L. KARLSON, PLAINTIFF, APPELLEE,v.305 EAST 43RD STREET CORP., DEFENDANT, APPELLANT
Medina, Circuit Judge.
MEDINA, Circuit Judge:
A New York corporation, owner of a building in New York City, appeals from a judgment entered upon a verdict in the amount of $150,000 after the trial before Judge McGohey of an action for damages for personal injuries suffered by Eskil L. Karlson, a Connecticut commuter, as the result of a fall into an elevator shaft. Jurisdiction is based on diversity and New York law governs throughout.
While the building owner claims that Karlson was guilty of contributory negligence and various miscellaneous errors are charged, the principal contention in our view of the case relates to the law applicable to the maintenance of a safety device to prevent access to the elevator shaft when the car is not at the landing. As we find no merit in any of these contentions we affirm.
Karlson was an employee of Haskins Laboratories which had its office in a five-story building in Manhattan owned by appellant, 305 East 43rd Street Corporation. The building contained a single, manually operated elevator that had been in use since its installation in 1920 without significant alteration. During business hours appellant supplied an operator but at other times, with some exceptions, occupants of the building were forced to walk up the stairs.
Because employees of Haskins frequently were in the building on weekends, some few of them sought and obtained permission to operate the elevator themselves. Although Karlson was not included in this group, he learned how to use the elevator from appellant's operator, as apparently had most other Haskins employees, and it was his habit to use the elevator when he was in the building on Sundays.
On previous Sundays Karlson came to the street door, opened it with a key he had been given for the purpose, closed the street door and found himself in a vestibule facing and about 10 or 12 feet from the closed solid doors to the elevator shaft. There was a large three-panelled glass transom above the street door and this provided sufficient light for him to see what he was about but he did not think he "could read a paper in there." There was an electric light fixture overhead but he had never seen it lighted on other Sundays and he had not been shown where the switch was to turn on this light. He then walked over to the stairway and picked up the key to the elevator that was customarily kept under the bottom step, in accordance with instructions previously given to him by employees of the building, and he used this key to open the closed solid doors leading to the elevator. He pulled out the door to his right, then leaned over and reached inside to turn on the light in the elevator. The light switch was in the car at about knee level. He then put the key back under the stairs, entered the elevator car that was always there at the landing, turned on the power, closed the folding gate and ran the car up to the fifth floor where his research laboratory was.
On October 8, 1961 he arrived at the building at about one o'clock in the afternoon and did just what he had done on the earlier Sundays. But on this occasion Robert Epstein, also a Haskins employee, had already run the elevator car to one of the upper floors and he had put the key back under the stairs. Expecting to find the elevator car at the landing, Karlson got the key from under the stairs, opened the door leading to the elevator, reached forward to turn on the light and fell headlong into the shaft. If the door had been equipped with an interlocking device it could not have been opened unless the car was at the landing.
In his instructions to the jury Judge McGohey said:
The statute of the State of New York provides -- and this is a quotation: "In all factory buildings every elevator and elevator opening and the machinery connected therewith, and every hoistway, hatchway and well hole shall be so constructed, guarded, equipped, maintained and operated as to be safe for all persons; the Board shall adopt rules to carry into effect the provisions of this section."
Under the authority of this statute which I have just quoted the State Board of Standards and Appeals has adopted the following rule: "All manually operated hoistway doors shall be provided with an interlock or electrical contact or other approved devices performing similar functions."
The function of the interlock is defined in another provision as follows: "An interlock is a device which shall prevent the opening of a hoistway door or doors from the landing side unless the car is standing at that landing."
Now, if you find that the defendant violated any of the foregoing provisions such violations would constitute evidence of negligence and you may consider it as evidence of negligence.
If this was error we must remand for a new trial, even if there was other proof from which the jury might have inferred negligence on the part of the building company. This is not only because the verdict was probably based on the failure to provide an interlock as at least the most likely of possible causes of the accident, but because there is surely nothing to give assurance that the verdict was not based on the failure to provide an interlock. If, instead of laboring the other acts of alleged negligence, appellee had performed the task of thorough research into the background of state laws, New York City Charter provisions and the ordinances and regulations promulgated by a variety of State and City administrative bodies or agencies, as we have been required to do, appellee's brief would have been more helpful to us.
Appellant argues that the above-quoted rule of the State Board of Standards and Appeals is not applicable to elevators located within the City of New York because exclusive jurisdiction over such elevators is lodged in the City Board of Standards and Appeals by virtue of the New York City Charter. The resolution of this question requires extensive analysis of the historical development and interrelationship of various statutes, City ordinances and regulations passed from time to time for the purpose of making elevators and the operation thereof safe in buildings situated in the City of New York.
In 1916 the New York State legislature, by means of an amendment to the Greater New York Charter, established a City Board of Standards and Appeals. The jurisdiction of this Board included the power to "Make, amend and repeal rules and regulations regarding the enforcement of those provisions of the labor law and other laws which relate to the construction, alteration [and] structural changes in * * * elevators * * * within the city of New York." The statute further provided: "All rules and regulations made by the board pursuant to this section, shall take the place of the industrial code and of any rules or regulations of the labor department relating to the same subject matter." N.Y. Laws, 1916, chap. 503, Section 718-a.
In granting the City Board of Standards and Appeals this authority, it is clear that the application of state statutes in the City of New York was not automatically terminated but that the City by affirmative act could but was not required to preempt state regulation. When the City first undertook to regulate elevators in 1918, it did so by incorporating state law.
Every elevator * * * within the City of New York, in addition to conforming to all provisions of the labor law, building code or other laws or ordinances as are applicable thereto, shall comply with the provisions of these rules. 3 Bull. Board of Standards & Appeals 955 (1918).
Not until 1931 did the City itself undertake comprehensive regulation.
In 1923, however, pursuant to the authority granted to it by the State Labor Law, the State Board of Standards and Appeals adopted regulations requiring all elevators, with exceptions not here relevant, to be equipped with interlocking devices. New York State Industrial Code § 420(f). As these regulations must be deemed a part of the Labor Law insofar as they establish rules governing the maintenance of elevators, this particular State rule requiring interlocking devices became applicable to the elevator in 305 East 43rd Street, New York City, on its effective date, March 1, 1923. Thus from 1923, the elevator involved in this accident was operated in violation of the applicable regulations.
The question then is whether any later action by the City had the effect of dissolving these violations and of reducing the standards for the safe operation of elevators in the City of New York. The 1931 revision by the City Board of Standards and Appeals provided that elevators "legally installed prior to the adoption of these Rules may be used without being reconstructed to comply with these Rules." When this particular elevator was installed in 1920 it conformed to the then existing law. But we do not believe the word "installed" in the 1931 revision should be read to mean the date of construction. Such a reading would lead to the absurd conclusion that all elevators located within New York City were governed by various rules in effect on the date of their construction. Rather, we think that by the use of the word "installed," the draftsman intended to refer to the legality of the elevator as of 1931. That is to say, the regulation should be read as "elevators legally installed and maintained" prior to 1931 may be used "without being reconstructed." To hold the contrary would wipe out eight years of continuous violations in this very building and reduce the safety standards applicable to this class of elevators. A result so unusual could be supported only if there was before us clear proof that the City Board of Standards and Appeals intended such a result. No such proof, however, has been forthcoming and our research has found none.
The current New York City regulations are contained in the Administrative Code of 1938. The provisions of this codification, similar to the 1931 regulations, apply only prospectively. Elevators "legally installed" may be used without change. As this provision parallels that contained in the 1931 regulation, it must be similarly construed.
Thus there is nothing which excludes the application of the State Labor Law and the regulations adopted pursuant to that law require that the elevator involved in this suit be equipped with an interlocking device. Judge McGohey's charge was proper.
Appellant argues that Section 666 of the New York City Charter confers upon the City Board of Standards and Appeals exclusive jurisdiction over elevators within the City of New York, and that, therefore, no State law or regulation could apply. Apparently, appellant was unaware of the 1918 City regulation which incorporated State law. All subsequent City enactments continued this incorporation, as we have shown.
Appellant further complains of the admission of evidence that immediately following Karlson's accident appellant installed an interlocking device. Under both New York and federal law such evidence is admissible only if it bears on a disputed issue of control. Hadges v. New York Rapid Transit Corp., 259 App. Div. 154, 18 N.Y.S. 2d 304; Columbia & P. S. R.R. v. Hawthorne, 144 U.S. 202, 36 L. Ed. 405, 12 S. Ct. 591 (1892); see 2 Wigmore, Evidence § 283(4). Whether and to what extent, any issue of control remained in the case by the time of trial is unclear.
In its answer, appellant did not admit that it controlled the elevator or, more specifically, it denied that it controlled the elevator on the day of the accident. In the pre-trial order, it was agreed that "no amendments to the pleadings are allowed" and that "no issues raised by the pleadings are abandoned." Appellee, both to meet the issue of control and to show the scene of the accident, put in evidence a photograph of the elevator taken after the safety lock was installed. See 2 Wigmore, Evidence § 283(4). While the device was open to the view of anyone looking at the photograph, including any juror familiar with such matters, no comment on the subject was made by either counsel at the time the photograph was received in evidence. Later during the trial when appellee sought to bring up the question of repairs, appellant strenuously objected. Appellant argued there was no issue of control in general framed by the pleadings but only of control on the day of the accident and further that in the pre-trial order it had conceded that it "maintained" the elevator. Counsel for appellant then insisted he had no intention to dispute the issue of control.
Judge McGohey concluded that the appellee should be permitted to prove and to explain the presence of the safety device to prevent adverse and unwarranted inferences by the jury. We think appellant is chargeable with much of the confusion surrounding this issue of control and should have objected to the photograph when it was offered in evidence if it wished to keep the evidence of repairs from the jury. Moreover, when the evidence of the installation of the interlock was received, Judge McGohey instructed the jury that they must restrict their consideration of this evidence to the limited issue of control, which was also explained to the jury, and that no other inferences might be drawn. Under the circumstances of this case we think this was sufficient.
We think the issue of contributory negligence was clearly for the jury to determine. Nor was there error in the instructions on the subject of causation. No particular formula is required. Other claims of alleged error have been considered by us but we find them devoid of merit.
The verdict is large but not so large as to give us the impression that a reversal or remittitur is necessary to prevent a gross miscarriage of justice. Dagnello v. Long Island R.R. Co., 289 F.2d 797 (2 Cir. 1961).*fn1 The proofs show permanent physical injuries including a permanent impairment of memory and ability to communicate. Karlson is a physicist with a life expectancy of about thirty years. The jury might well have concluded that his earning capacity, which was superior prior to the accident, had been substantially reduced.
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