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July 7, 2008
MUHAMMAD TARIQ BILAL, PLAINTIFF,v.BEST BUY CO., INC., DEFENDANT.
Plaintiff Muhammad Tariq Bilal brings this employment discrimination action against Defendant Best Buy Co., Inc. The Complaint alleges that Defendant discriminated and retaliated against Plaintiff on the basis of his national origin in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., and New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law § 290 et seq.
On April 16, 2007, Defendant filed a Motion for Summary Judgment of Plaintiff's discrimination and retaliation claims. Rather than responding to Defendant's Motion, Plaintiff filed a Motion for Additional Discovery Pursuant to Federal Rule of Civil Procedure 56(f) ("Rule 56(f)"). For the reasons stated below, Plaintiff's Motion is DENIED. Plaintiff is directed to file a response to Defendant's Motion for Summary Judgment three weeks from the date of this Order.
I. Background
Plaintiff's Complaint was filed on May 26, 2006. (Dkt. No. 1.) The Complaint alleges four causes of action: (1) violation of Title VII for failure to promote; (2) violation of Title VII for wrongful termination of employment; (3) violation of Title VII for retaliation; and (4) violation of NYSHRL for failure to promote, wrongful termination of employment, and retaliation.
On July 14, 2006, the Parties met with Judge McMahon, to whom this case initially was assigned, to set a case management plan. (Dkt. No. 4.)*fn1 According to the case management plan, Defendant had until September 21, 2006 to depose Plaintiff, and discovery was to be completed by January 26, 2007. (Id.) Defendant did depose Plaintiff, but did not do so until December 12, 2006. (Pl.'s Ex. 13.)
On January 3, 2007, approximately three weeks before discovery was set to close, and eight months after filing his Complaint, Plaintiff issued his very first set of discovery requests to Defendant and noticed several depositions of Defendant's employees. (Haberman Affirmation Ex. 3-4.) As Defendant was not required by the Federal Rules of Civil Procedure to respond to Plaintiff's request within the remaining allotted period of discovery, Plaintiff requested that Judge McMahon adjourn the discovery completion date. (Dkt. No. 8.) Judge McMahon reluctantly granted the request, but did so with the following endorsement:
Mr. H[aberman, Counsel for Plaintiff] -- I am not terribly sympathetic, but then, your opponent seems to have taken his time about deposing your client. Discovery [is] extended until March 1.
All 30 day notice periods are shortened to five days. Don't ask for more time at the end of February. (Dkt. No. 8.) Once Judge McMahon granted the extension of discovery, the Parties scheduled the depositions noticed by Plaintiff, and Defendant began assembling responses to Plaintiff's discovery requests. (Pl.'s Ex. 8.) Contemporaneously, however, the Parties began serious negotiations of settlement. (Pl.'s Ex. 9.) As a result of the settlement negotiations, the Parties agreed to cancel the scheduled depositions and Defendant ceased assembling answers to Plaintiff's discovery requests. (Def.'s Mem. of Law in Opp'n to Pl.'s Mot. under F.R.C.P 56(f) and in Further Supp. of its Mot. for Summ. J. ("Def.'s Reply Mem.") 13-14; Haberman Affirmation ¶ 13.) On February 14, 2007, approximately two weeks before the extended discovery deadline was set to close, the Parties apparently reached an agreement to settle the case. (Def.'s Reply Mem. 14; Haberman Affirmation ¶ 13.)
On March 12, 2007, nearly a month after a settlement agreement supposedly had been reached, and nearly two weeks after discovery had closed, Plaintiff informed his counsel that he would not accept the previously-agreed-upon settlement offer. (Def.'s Reply Mem. 14; Haberman Affirmation ¶ 14.) Plaintiff communicated his change of heart to Defendant the following day, and then petitioned the Court to reopen discovery. (Def.'s Reply Mem. 14; Haberman Affirmation ¶ 14.) On March 21, 2007, Judge McMahon denied Plaintiff's application, stating specifically that "[t]he time for discovery has expired. I will not extend it.
No more discovery." (Dkt. No. 10.)*fn2
With discovery closed, Defendant submitted a Motion for Summary Judgment on April 16, 2007. (Dkt. Nos. 14-21.) On May 1, 2007, Plaintiff's Counsel requested an extension of time to file his response, tendering the following explanation for the request:
Over the past few weeks, my client has had some difficulty in making decisions about his action and in keeping appointments.
Several appointments which concerned substantive issues relative to this action have not been kept. I have been informed that he has needed some medical procedures. I also report to the Court that many telephone messages left with my client have gone unreturned. Mr. Bilal was scheduled to appear in my office today to discuss important issues concerning the status of this action, filing of papers as well as rebutting factual allegations set forth by the Defendant in their moving papers. Mr. Bilal failed to keep this meeting and has failed to return my telephone calls. (Dkt. No. 24.) In response to this letter, Judge McMahon granted Plaintiff a two-week adjournment. (Id.) Once the two weeks expired, Plaintiff's counsel requested another extension in order to pursue three possible options, "settlement, filing reply papers, and/or obtaining new Counsel," again noting difficulties in determining a course of action acceptable to Plaintiff. (Dkt. No. 25.) And again, Judge McMahon granted Plaintiff an adjournment, this time for three weeks. (Id.)
On June 4, 2007, the three-week extension expired. On June 5, 2007, rather than file a conventional response to Defendant's Motion for Summary Judgment, Plaintiff filed the Rule 56(f) Motion currently before the Court. (Dkt. Nos. 27-28.)
II. Discussion
"Rule 56(f) provides a vehicle for parties opposing a motion for summary judgment to obtain further discovery before the court rules on the motion." Players, Inc. v. City of New York, 371 F. Supp. 2d 522, 529 (S.D.N.Y. 2005).*fn3 A motion for further discovery under Rule 56(f) may not be granted unless an affidavit is submitted by the moving party satisfactorily explaining: "'(1) what facts are sought [to resist the motion] and how they are to be obtained, (2) how those facts are reasonably expected to create a genuine issue of material fact, (3) what effort affiant has made to obtain them, and (4) why the affiant was unsuccessful in those efforts.'" Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 303 (2d Cir. 2003) (quoting Gurary v. Winehouse, 190 F.3d 37, 43 (2d Cir. 1999) (first alteration in original)); see also Burlington Coat Factory Warehouse Corp. v. Esprit De Corp., 769 F.2d 919, 926 (2d Cir. 1985) (establishing four-part test). Even if Plaintiff's affidavit satisfies all of these conditions, "'Rule 56(f) is not a shield against all summary judgment motions. . . . [A] bare assertion that the evidence supporting a plaintiff's allegation is in the hands of the defendant is insufficient to justify a denial of a motion for summary judgment under Rule 56(f).'" Players, Inc., 371 F. Supp. 2d at 529 (quoting Paddington Partners v. Bouchard, 34 F.3d 1132, 1138 (2d Cir. 1994)).
Plaintiff's affidavit adequately describes the additional facts sought through an extension of discovery. In particular, Plaintiff seeks: (i) the employment records of Bradley Kudrick (Mem. of Law in Supp. of Pl.'s Mot. for Additional Disc. Pursuant to Fed. R. Civ. P. 56(f) ("Pl.'s Mem.") 9); (ii) records of complaints of discrimination lodged by other employees of Defendant (id. 9); (iii) records of complaints investigated by Michael Doyle (id. 9-10); (iv) documents relating to credit card transactions -- both records of improper processing and instructions given to employees (id. 10); and (v) the depositions of Bradley Kudrick, Pedro Torres, Adam Munoz, Michael Doyle and Keith Waldman, all of whom (aside from Kudrick) submitted declarations in support of Defendant's Motion for Summary Judgment (id. 10).
Plaintiff's affidavit is less adequate, however, in describing how this additional discovery is reasonably expected to create a genuine issue of fact. "[A] district court may refuse to allow additional discovery 'if it deems the request to be based on speculation as to what potentially could be discovered.'" Nat'l Union Fire Ins. Co. of Pittsburgh, PA v. Stroh Co., 265 F.3d 97, 117 (2d Cir. 2001) (quoting Paddington Partners, 34 F.3d at 1138). Plaintiff seeks to depose Torres, Munoz, Doyle, and Waldman in the hope that they will contradict their sworn testimony and reveal facts supportive of Plaintiff's version of events. (Pl.'s Mem. 11-12.) Plaintiff argues that these facts, "if adduced," will give rise to an inference of discrimination and retaliation. (Id.) Although Plaintiff is surely correct in stating that should Defendant's witnesses contradict their testimony and support Plaintiff's allegations, Defendant's Motion for Summary Judgment likely would fail, Plaintiff has not presented any reason to believe that the four declarants will do anything of the sort. This type of discovery request, based entirely on speculation, is not the proper use of Rule 56(f). See Carney v. U.S. Dep't of Justice, 19 F.3d 807, 813 (2d Cir. 1994) (upholding denial of Rule 56(f) motion when plaintiff's request for discovery was based on "mere speculation"); Betances v. Prestige Decorating & Wallcovering, Inc., No. 05-CV-4485, 2006 WL 250486, at *2 (S.D.N.Y. Feb. 2, 2006) (denying Rule 56(f) motion based on plaintiff's speculative assertions that additional affidavits "may" create sufficient questions of material fact to preclude summary judgment); Robertson v. Amtrak/Nat'l R.R. Passenger Corp., 400 F. Supp. 2d 612, 620 (S.D.N.Y. 2005) (noting that a district court may deny a Rule 56(f) motion if the request is deemed based on speculation as to what potentially could be discovered (citing Nat'l Union Fire Ins. Co., 265 F.3d at 117)); Players, Inc., 371 F. Supp. 2d at 529-30 ("The second element of the [Rule 56(f)] test, which requires a movant to show 'how the facts sought are reasonably expected to create a genuine issue of material fact,' cannot be satisfied based on mere speculation that additional evidence may be found to support [plaintiff's] case." (quoting Paddington Partners, 34 F.3d at 1138)); Sundsvallsbanken v. Fondmetal, Inc., 624 F. Supp. 811, 815 (S.D.N.Y. 1985) (noting that a plaintiff's "bare assertion" that evidence supporting his/her allegation is in the hands of the defendant will not be sufficient to defeat a motion for summary judgment (quoting Contemporary Mission, Inc. v. U.S. Postal Serv., 648 F.2d 97, 107 (2d Cir. 1981))).
Plaintiff also requests the employment records of Plaintiff's supervisors in order "to determine if said individuals have a history of discriminatory behavior or if they have ever been disciplined for evidencing discriminatory behavior." (Pl.'s Mem. 12.) This request suffers from the same speculative flaw. Here, Plaintiff does not outline any basis for supposing that evidence of such past discriminatory behavior exists; rather, Plaintiff seeks an extension to begin an investigation into this matter, without reason to believe that such evidence is likely to be found. This is not a proper basis for granting Plaintiff's Motion: "Rule 56(f) discovery is specifically designed to enable a plaintiff to fill material evidentiary gaps in its case in an effort to withstand summary judgment . . . it does not permit a plaintiff to engage in a 'fishing expedition.'" Capital Imaging Assocs. v. Mohawk Valley Med. Assocs., 725 F. Supp. 669, 680 (N.D.N.Y. 1989) (internal citations omitted) (quoting Waldron v. Cities Serv. Co., 361 F.2d 671, 673 (2d Cir. 1966), aff'd sub nom, First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253 (1968)); see also Gray v. Town of Darien, 927 F.2d 69, 74 (2d Cir. 1991) ("In a summary judgment context, an opposing party's mere hope that further evidence may develop prior to trial is an insufficient basis upon which to justify the denial of [a summary judgment] motion." (internal quotation marks omitted) (alteration in original)).
Other evidence that Plaintiff seeks -- in particular, the documents relating to the credit card transaction policy -- while not speculative, would be unlikely to create a triable issue of fact. Plaintiff argues that the credit card transaction policy document that Defendant submitted was not in existence when Plaintiff was disciplined. Even if true -- if, that is, the policy document presented by Defendant post-dates Plaintiff's disciplining -- Plaintiff still admitted in his deposition testimony that he understood his responsibility to authorize credit cards before accepting payment, and he understood the reasons why Defendant would require such authorization. (Pl.'s Dep. 114-17.) Given such an admission, the Court fails to see how additional discovery on this issue would assist Plaintiff in creating a triable issue of fact.
The only non-speculative evidence sought by Plaintiff that might serve to create a triable issue of fact are the documents relating to Bradley Kudrick's employment history. Plaintiff argues that Kudrick was promoted above Plaintiff despite Plaintiff's superior technical expertise and that Kudrick's employment file might flesh out this claim. Although Defendant argues that Kudrick was promoted above Plaintiff for a variety of reasons (Def.'s Reply 10-11) -- explanation of which may prevent Plaintiff from establishing that Defendant's motivation in hiring Kudrick was mere pretext for discrimination -- the Court cannot say that the evidence sought by Plaintiff could not serve to create a triable issue of fact in regard to Plaintiff's failure to promote claim.
Although Plaintiff has established that at least some of the evidence he seeks -- in particular, the Bradley Kudrick employment file -- may serve to create a triable issue of fact, Plaintiff has not satisfied the last two elements of the four-part Rule 56(f) test. The third and fourth elements of the test require Plaintiff to demonstrate that he made reasonable efforts to obtain the facts he now seeks, and to show why those reasonable efforts were unsuccessful. See Paddington Partners, 34 F.3d at 1138. As cases and commentators have noted, however, Rule 56(f) "'will not be applied to aid a party who has been lazy or dilatory,' or who has failed to take reasonable steps to obtain access to the information sought." Players, Inc., 371 F. Supp. 2d at 532 (quoting 10B Charles A. Wright et al, Federal Practice & Procedure § 2741 (2005)); accord Paddington Partners, 34 F.3d at 1139 ("Requests for discovery in the face of motions for summary judgment put forth by parties who were dilatory in pursuing discovery are disfavored . . . . "); Robertson, 400 F. Supp. 2d at 620 (same).
Here, the evidence shows that Plaintiff waited until three weeks before the close of discovery (and eight months after filing his Complaint) to make any discovery requests or notice any depositions. (Haberman Affirmation Ex. 3-4.) As the original discovery deadline approached, Plaintiff requested an extension. Although Judge McMahon was generally unsympathetic to Plaintiff's request, she nonetheless granted the extension, noting that Defendant had similarly taken its time deposing Plaintiff. Once Plaintiff received the extension, however, Plaintiff decided against following through with the discovery he requested, apparently confident that the ongoing settlement negotiations would obviate the need for the discoverable materials. This decision to cease the pursuit of discovery in the wake of settlement discussions was made with full knowledge that there would be no subsequent extensions of the discovery deadlines. (Dkt. No. 8 (granting Plaintiff's request for an extension of the discovery deadline but adding, "[d]on't ask for more time at the end of February").)
"Rule 56(f) requires the court to ensure that the parties have a reasonable opportunity to make their record complete before ruling on a motion for summary judgment." Sundsvallsbanken, 624 F. Supp. at 814 (emphasis added). In opposing a summary judgment motion, "[t]he nonmoving party must have 'had the opportunity to discover information that is essential to his opposition' to the motion for summary judgment. But the trial court may properly deny further discovery if the nonmoving party has had a fully adequate opportunity for discovery." Trebor Sportswear Co. v. The Limited Stores, Inc., 865 F.2d 506, 511 (2d Cir. 1989) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 n.5 (1986)) (emphasis added). Here, Plaintiff does not deny that he had opportunities to conduct discovery -- both before and after the extension granted by Judge McMahon. This itself is fatal to Plaintiff's claim. See Robertson, 400 F. Supp. 2d. at 621 ("The inability to effectively defend against a summary judgment motion because one has failed to conduct any discovery is an insufficient basis on which to defeat the motion."). Moreover, Plaintiff decided to pursue settlement in lieu of -- rather than in addition to -- discovery, despite the blunt warning from Judge McMahon that no additional extensions of discovery would be granted. This failure of diligence is not an adequate [Editor's Note: Text missing in original]
65-67 (W.D.N.Y. 2004) (denying plaintiff's motion pursuant to Rule 16(b) and 56(f) when plaintiff assumed that the case would enter into an early settlement and thus neglected to pursue timely discovery, despite warnings from the court that there would be no further discovery deadline extensions); cf. Lory v. Gen Elec. Co., 179 F.R.D. 86, 88 (N.D.N.Y. 1998) (denying discovery extension pursuant to Rule 16(b), observing that plaintiff's "unfounded belief that settlement was likely affords no basis for a finding of good cause. The possibility of settlement is ever present in virtually all civil cases. Only in the rarest of cases will such a possibility suffice to demonstrate good case, particularly where, as here, the deadlines for disclosure were established...."). Accordingly, Plaintiff's Motion for Additional Discovery is denied.
III Conclusion
For the reasons stated herein, Plaintiff's Motion for Additional Discovery Pursuant to Rule 56(f) is DENIED. Plaintiff is directed to file a response to Defendant's Motion for Summary Judgment within three weeks of the date of this Order. Defendant will have two weeks thereafter to submit its reply brief. The Clerk of Court is respectfully directed to terminate Plaintiff's Motion. (Dkt. No. 27.)
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Articles tagged human smoke
3 Nov 2009 // 8:00 PM
Nicholson Baker writes from his enthusiasms, which are many and ever changing. Among other things, his books have focused on sex, John Updike, public libraries, and pacifism and World War II. His latest, The Anthologist, is his love letter to poetry.READ more
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subset: commoncrawl


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The latest women's swimsuits emphasize vivid colors and patterns. Decorative details increase visual appeal.
China suppliers of women's swimwear are launching designs that highlight a better physical appearance to drive sales.
Allover-printed motifs remain the most widely utilized adornment. Floral and geometric themes, stripes and polka dots often decorate releases. They usually come in a bright hue that contrasts with the suitâs base. Patterned tops are also being paired with plain bottoms.
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Note:This article was originally published by Global Sources, a leading business-to-business media company and a primary facilitator of trade with China manufacturers and India suppliers, providing essential sourcing information to volume buyers through our e-magazines, trade shows and industry research.
All price quotes in this report are in US dollars unless otherwise specified. FOB prices were provided by the companies interviewed only as reference prices at the time of interview and may have changed.
Disclaimer: All product images are provided by the companies interviewed and are for reference purposes only. Those product images featuring products with trademarks, brand names or logos are not intended for sale. We, our affiliates, and our affiliates' respective directors, officers, employees, representatives, agents or contractors, do not accept and will not have any responsibility or liability for product images (or any part thereof) which infringe on any intellectual property or other rights of a third party.


text:
|Cardinal Brandmüller
(Rorate Caeli) - Cardinal Brandmüller: "There is a huge difference between a great constitution," like the Vatican II constitutions on the church, the liturgy and divine revelation, "and simple declarations," like the Vatican II declarations on Christian education and the mass media. "Strangely enough, the two most controversial documents" for the SSPX -- those on religious freedom [Dignitatis humanae] and on relations with non-Christians [Nostra aetate] -- "do not have a binding doctrinal content, so one can dialogue about them," the cardinal said. "So I don't understand why our friends in the Society of St. Pius X concentrate almost exclusively on these two texts. And I'm sorry that they do so, because these are the two that are most easy to accept if we consider their canonical nature" as non-binding, he said...THE CATHOLIC KNIGHT: This is probably old news for most of my readers, but it echoes what I've been saying on this blog for years now. (Nice to know I'm in good company.) The Second Vatican Council is an inferior council all together, and that's not my assessment, but the assessment of two popes (Paul VI and Bendedict XVI). It is a PASTORAL council, not a doctrinal council. In that the fathers of the council, for whatever reason, deliberately chose NOT to attach a note of infallibility to any document or statement from the council. This is extremely significant, because it means that while their full pastoral authority was in use, their chrism of infallibility was not. This makes the whole council inferior to previous Church councils, such as Vatican I and Trent, in which the note of infallibility was used.
read full story here
What does this mean to you and me as average Catholics? It means simply this. We should look at Vatican II as a template for new Catechism books, and not much more than that. It means when we read Vatican II documents, and catechisms associated with it, we should do so in the full context of Vatican I and Trent. This is because Vatican II has no meaning outside of Vatican I and Trent. It is a pastoral council, explaining what the previous councils mean. Outside of this context, Vatican II has no meaning at all.
The reason why the pope is open to debate with the SSPX on the pastoral issues of religious freedom and relations with non-Christians is precisely because they are PASTORAL issues! They are not dogmatic issues at all. So that means they are open for debate among those qualified to debate such things, and as far as the pope is concerned, the leaders of the SSPX are most certainly qualified to discus it and debate it. It would also appear that disagreement over these PASTORAL issues is not sufficient cause to warrant separation from the Church or a lack of authentic canonical status within the Church.


text:
Tag: Mobile advertising
Total Results: 2119Displaying: 91 - 100
- US Virgin Islands heats up mobile CTR with trigger-based marketing
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- Customer support is your brand�s untapped secret weapon
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- By Barry Coleman
We researched the 25 top-grossing mobile applications in the iOS and Google Play stores. What we found was startling � customer support was minimal or absent from these applications, many just offering an FAQ page or inquiry form as recourse for users.
- Is your location data actionable?
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Making your data actionable means combining data and content to own the next moment � or the action that occurs after a consumer finds you.
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As CRM databases become increasingly key to lead-generation activities, and sales and marketing professionals begin to operate more like scientists, a new mantra is taking over.
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When it comes to marketing, the mobile numbers do not lie, and the future is promising. Mobile ad expenditures are projected to exceed $100 billion this year, capturing more than 50 percent of the digital media market. By 2019, that proportion will jump to more than 70 percent.
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The consumer now spends an enormous amount of time on mobile. Within the medium, the average user spends nearly 200 minutes in mobile applications daily, compared to 22 minutes on the mobile Web.
- Herradura blends nightlife elements and enticing visuals in mobile video
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- Brown-Forman�s tequila brand is mixing a cocktail of popular mobile platforms with video that attracts viewers with specially curated audio and video pleasing to the senses in an attempt to solidify the brand�s presence in nightlife.
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text:
N. prodotti: 0
Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Official Journal of the Italian Society of Physical and Rehabilitation Medicine (SIMFER), European Society of Physical and Rehabilitation Medicine (ESPRM), European Union of Medical Specialists - Physical and Rehabilitation Medicine Section (UEMS-PRM), Mediterranean Forum of Physical and Rehabilitation Medicine (MFPRM), Hellenic Society of Physical and Rehabilitation Medicine (EEFIAP)
In association with International Society of Physical and Rehabilitation Medicine (ISPRM)
Indexed/Abstracted in: CINAHL, Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 2,063
Periodicità: Bimestrale
Online ISSN 1973-9095
Dong J. KIM, Ka Y. LEE, Yuri CHOE, Jae Y. HAN, In S. CHOI
Department of Physical & Rehabilitation Medicine, Research Institute of Medical Sciences, Regional Cardiocerebrovascular Center, Center for Aging and Geriatrics, Chonnam National University Medical School & Hospital, Gwangju City, Republic of Korea
BACKGROUND: Digeorge syndrome is a rare disease that has variable clinical symptoms resulting from 22q11 deletions, included cardiac abnormality, abnormal face and thymic aplasia, and cognitive impairment. There was a no reports regarding the efficiency of cardiac rehabilitation (CR) in patients with Digeorge syndrome with tetralogy of fallot.
CASE REPORT: A 15-year-old girl with DGS visited our CR center. The patient carried out the exercise training 3 times a week for 6 weeks, using a treadmill with electrocardiogram monitoring. Exercise tolerance testing and Quality of life assessment were performed before and after 6 weeks of training. Improvement of aerobic capacity was not represented, but by her own estimation, her performance ability of daily activities was better than before.
CLINICAL REHABILITATION IMPACT: Even though adolescents with congenital heart disease often limit themselves, or are restricted by others, from physical activity, CR should be recommended as a comprehensive health promotion strategy.
lingua: Inglese


text:
Lucy is an RCVS (Royal College of Veterinary Surgeons) qualified and Registered Equine Veterinary Nurse (REVN) with experience in all aspects of veterinary nursing including patient management and care, diagnostics, and medical and surgical nursing.
Lucy is currently employed as a Lecturer in Veterinary Nursing where she teaches students across both Further Education (FE) and Higher Education (HE) programmes. Lucy has completed a Certificate in Education and enjoys being part of a team that is responsible for educating students in an area where she has experience and knowledge.
Lucy is currently responsible for managing the veterinary nursing Foundation Degree (FdSc) programmes.
Prior to employment in the education sector Lucy spent time working in a mixed veterinary practice before specialising in equine nursing at a first opinion and referral equine veterinary clinic.
Job Title and Responsibilities:
Lecturer in Veterinary Nursing
Programme Manager - FdSc Veterinary Nursing Science (SW)
Programme Manager - FdSc Equine Veterinary Nursing Science (SW)
Academic Tutor
Teaching Interests:
I have a particular interest in equine veterinary nursing care, welfare and rehabilitation.
Research Interests:
Equine veterinary nursing
Recent Research Activity and Publications:
Co-author of Chapter 17 (Principles of General Nursing) in veterinary nursing textbook - BSAVA Textbook of Veterinary Nursing (5th edition)
Author of Chapter 14 (Basic Clinical Procedures in the Horse) in veterinary nursing textbook - Clinical Procedures in Veterinary Nursing (3rd edition)


text:
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Welcome to Tonnelkop self-catering accommodation - set in the splendour of the Klein Karoo on South Africa's Garden Route between Oudtshoorn and De Rust.
Each unit consists of:
. Separate shower ... More Info
From R500* unit
If you want to escape the busy city life, experience the beauty, tranquility, captivating, exquisite and breathtaking views of the Swartberg Mountains and waterfall, Swartberg Backpackers is the perfe... More Info
From R520 pps
Only 7km outside Oudtshoorn, in the Garden Route, nestled between the famous majestic Swartberg and Outeniqua mountains is one of the world's 17 "hot spots" with 3 overlapping flower zones. Surrounded... More Info
From R300 pps
In the heart of the Klein Karoo we offer a magnificent experience and night rest. Klokkies B&B is located 3km outside Calitzdorp in the Gamka Valley and has one of the best views in the district.
T... More Info
From R320 pps
Die Stalle (The Stables) was originally built as the residences for two of the owners of undivided shares in the agricultural land bordering the Kleinrivier (Little River). Later owners turned the hou... More Info
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Welcome to Huisie Ommie Hoek, a Uniondale accommodation.
Huisie ommie hoek is a fully furnished 2x bedroom free standing cottage along a quiet side street off the main street of Uniondale. A full ... More Info
From R345 pps
Eagle Falls is Tucked away in The Kammanassie Mountains 30km from George and 70km from Oudtshoorn, inland.
There are Camping grounds with HOT water (you can bring your own tent or you can hire one fr... More Info
From R340 pps
Die Bokwagtershuis, "Goat keeper's house", was originally built during the 19th century as accommodation for Matjiesvlei's goat keeper. His task was to tend to all the goats of the different farmers i... More Info
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In order to provide meaningful price comparisons this website compares the Per Person Sharing Rate or, where this is not available, the Average Price Per Person for a unit, based on its maximum occupancy.When Homes and Villas are selected as the search criteria, the full daily rate for the unit is used for price comparison and display irrespective of the number of people the unit sleeps.* This accommodation is only available as a unit. It has been included in these search results as the average price per person based on maximum occupancy falls within the selected price range. However, the price displayed is the full unit price.
Western Cape
Klein Karoo Self Catering have been rated 4.5/5 based on 163 reviews.
OudtshoornEnjoyed the Cango caves and the Highgate Ostrich farms. Was disappointed in the Crocodile farm as we only saw 7 crocodiles and other animals that we can see at the zoo. We were hoping for more out of the crocodile farm. - Sandra Obermeyer
OudtshoornGreat tourist destination. - Ephraim Nambane
OudtshoornGreat town wit so much to see and do - worth a visit! - Andre Kock
LadismithQuaint little town, bigger than I anticipated. I did not stop there for long as I was exploring the country side and the beautiful Karoo passes and dirt roads. The few people I met were very helpful and love their town which is a beautiful change in this day and age. And they have Steri Stumpies I will be visiting again to explore more one day in the future. - Tarryn Neary
OudtshoornI find the little town to be extremely friendly and also has all the basic shops available. - Judy De Vega


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Presented By:
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(754) 235-2879
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Bryan Taksey
(754) 235-2879
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Additional Property InformationThis rental listing located at 2911 Sw 21st Terrace Unit 271a, Delray Beach, FL has two bedrooms and two bathrooms. The property is currently offered for $1,400.
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3 Twin Brooks Hanover, NH 03755
Listed by Linde Mcnamara of Lindemac Real Estate
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- Building Number:
- Development/Subdivision: 0
- Zip Code: 03755
- County: NH-Grafton
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- Elementary School: Bernice A. Ray School
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- Electric: At Street
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- Land Restrictions:
- Taxes: $6
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being provided is for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data last updated on 12/06/2016.


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2 CFR 25.115 - Deviations.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 25.115 Deviations.
Deviations from this part require the prior approval of the Office of Management and Budget (OMB).
Title 2 published on 2015-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 2 CFR Part 25 after this date.


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November 8, 2010
NAKEESHA PAYNE, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT.
Plaintiff filed this action seeking reversal of the decision of defendant, the Commissioner of the Social Security Administration (the "Commissioner"), denying plaintiff's application for disability insurance benefits and supplemental security income ("SSI") benefits. The parties have filed a Joint Stipulation ("JS") setting forth their contentions with respect to each disputed issue.
Administrative Proceedings
The parties are familiar with the procedural facts, which are summarized in the Joint Stipulation. [See JS 2]. In a written hearing decision that constitutes the Commissioner's final decision in this matter, an Administrative Law Judge (the "ALJ") found that plaintiff had severe impairments consisting of lumbar strain, ankle strain, mood disorder, and mixed personality with borderline and narcissistic personality features. The ALJ found that retained the residual functional capacity ("RFC") to perform medium work with occasional climbing, balancing, stooping, kneeling, crouching, and crawling, and that she is limited to simple, repetitive tasks. [JS 3; Administrative Record ("AR") 161]. The ALJ concluded that plaintiff was not disabled because her RFC did not preclude her from performing jobs available in significant numbers in the national economy. [JS 2; AR 161-162].
Standard of Review
The Commissioner's denial of benefits should be disturbed only if it is not supported by substantial evidence or is based on legal error. Stout v. Comm'r Social Sec. Admin., 454 F.3d 1050, 1054 (9th Cir. 2006); Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002). "Substantial evidence" means "more than a mere scintilla, but less than a preponderance." Bayliss v. Barnhart, 427 F.3d 1211, 1214 n.1 (9th Cir. 2005). "It is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005) (internal quotation marks omitted). The court is required to review the record as a whole and to consider evidence detracting from the decision as well as evidence supporting the decision. Robbins v. Soc. Sec. Admin, 466 F.3d 880, 882 (9th Cir. 2006); Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir. 1999). "Where the evidence is susceptible to more than one rational interpretation, one of which supports the ALJ's decision, the ALJ's conclusion must be upheld." Thomas, 278 F.3d at 954 (citing Morgan v. Comm'r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999)).
Examining physician's opinion Plaintiff contends that the ALJ failed properly to consider the opinion of the Commissioner's consultative examining physician, board-certified psychiatrist Steven Simonian, M.D. [See JS 4-18].
Dr. Simonian conducted a complete psychiatric evaluation of plaintiff in May 2005 and again in December 2005. [AR 298-302, 375-379]. Plaintiff was 28 years old at the time of both evaluations. [AR 298, 375]. During the May 2005 evaluation, Dr. Simonian elicited a history and conducted a mental status examination. [AR 298-302]. His examination report includes the following observations and findings.
Plaintiff was not a good historian. [AR 298]. She said that she was living in a homeless shelter in Palmdale. She received general relief. She reported that she stopped working in a warehouse in Long Beach, where she used to live, because she was constantly anxious. She heard voices and thought others were talking about her. She subsequently began seeing a psychiatrist, who prescribed medication. Plaintiff was taking Risperdal 4 milligrams and Lexapro, and she said that the voices seemed to have stopped. [AR 298].
Plaintiff attended school up to the tenth grade. She was unmarried and did not have children. She denied a history of alcohol abuse or substance abuse. [AR 299]. She said that she did not drive and did not have friends. [AR 301]. Her father was dead, she had a brother, and she did not know her mother's whereabouts. [AR 299].
On mental status examination, plaintiff was alert and oriented times three. She was shabbily dressed; her clothes were torn and worn out. [AR 300, 301]. Her hygiene, however, was good. [AR 300]. She had no major speech disorder. Her thought process was somewhat tangential. It was difficult to obtain a chronological history of her present illness. Plaintiff said that she become suspicious around people. She felt that they were accusing her of being a lesbian or were ordering her to touch herself, but she said that the voices had stopped since she started taking medication. Plaintiff denied suicidal or homicidal ideation. Her affect was constricted, and her mood was rather guarded. She was tearful at times during the interview. Her intellectual functioning and memory for recent and remote events were intact and average. Her ability to perform simple calculations was poor, and her general fund of knowledge was below average. Judgment was poor. [AR 300].
Dr. Simonian's diagnoses were "mood disorder NOS with psychotic features in partial remission," and "[r]ule out schizoaffective disorder." [AR 301]. Dr. Simonian assessed plaintiff's work-related functional abilities as follows. Plaintiff was not limited in the ability to remember, understand, and carry out simple one- or two-step job instructions and to maintain concentration and attention for a period of time. [AR 301]. Plaintiff was moderately limited in the ability to remember, understand, and carry out complex instructions; relate and interact with co-workers, supervisors, and the public; associate with day-to-day work activity, including attendance and safety; adapt to the stresses common to a normal work environment; maintain regular attendance in the workplace; perform work activities on a consistent basis; and perform work activities without special or additional supervision. [AR 301]. Dr. Simonian opined that plaintiff was able to handle her own financial affairs. [AR 302].
During his December 2005 examination, Dr. Simonian again obtained a history and conducted a mental status examination. He also reviewed plaintiff's responses to a questionnaire that she completed in his office with the assistance of office staff. Plaintiff answered most questions "I don't know" or "I don't remember, " so Dr. Simonian relied in part on the history given during her prior examination. [AR 375]. He remarked that plaintiff was not a good historian and was somewhat reluctant to answer questions. [AR 375].
Plaintiff reported that she had been seeing Dr. King at a Palmdale outpatient psychiatric clinic for 3 months and was taking Risperdal 3 milligrams daily. She said that she previously had seen a psychiatrist in Orange County. [AR 376]. Dr. Simonian noted that during this interview, plaintiff told him that she had never worked, but she previously told him that she had worked in a warehouse in Long Beach. Plaintiff said that she supported herself by recycling cans, panhandling, and receiving general relief. Plaintiff said that she had a brother and a sister, and that her mother was alive, but that she was not close to any of them. She denied any history of alcohol or drug abuse. [AR 376].
On mental status examination, plaintiff was alert and oriented times three. She was shabbily dressed; her clothing was "torn and run down." [AR 377]. Her behavior was "rather demanding," and she exhibited an "entitled attitude," in that she said she was in a hurry and had to catch a bus or she would not arrive on time for her shelter. [AR 375, 377]. Her hygiene was good. [AR 377]. Speech was normal. Thought processes were coherent. There was no tangentiality or looseness of association. Her affect was somewhat guarded, but appropriate to the content of discussion. Her mood was rather demanding, antagonistic, and unhappy. Psychomotor activity was normal. She claimed that she heard voices, but she was not distracted by internal stimuli during the interview. Plaintiff comprehended questions and responded relevantly, though she often said that she did not know. She did not exhibit delusional thinking. She denied suicidal or homicidal ideation. Her intellectual functioning was difficult to evaluate due to her rather uncooperative state and her unwillingness to make the effort to do the cognitive tests. However, her memory for recent and remote events was judged to be intact and average. Her comprehension and abstract thinking were intact. [AR 377-378]. Her ability to perform simple calculations was poor. Her judgment was poor. [AR 378].
Dr. Simonian's psychiatric diagnosis was "mood disorder NOS." He also opined that plaintiff had mixed personality disorder with borderline and narcissistic personality features. [AR 378]. Dr. Simonian assessed the following work-related mental functional limitations.
Plaintiff was not limited in the ability to remember, understand, and carry out simple one- or two-step job instructions. [AR 378]. She was mildly limited in the ability to associate with day-to-day work activity, including attendance and safety. [AR 378].
Plaintiff was moderately limited in the ability to remember, understand, and carry out complex instructions; relate and interact with co-workers, supervisors, and the public; to maintain concentration and attention on a persistent basis; adapt to the stresses common to a normal work environment; maintain regular attendance in the workplace; perform work activities on a consistent basis; and perform work activities without special or additional supervision. [AR 378-379]. Considering plaintiff's "poor judgment and poor ability to count," plaintiff could not take care of her own financial affairs and would require a payee for benefits. [AR 379].
The ALJ said that he gave "significant weight" to Dr. Simonian's conclusions because he had examined plaintiff, and his conclusions were consistent with the objective findings and the evidence of record. [AR 159]. On that basis, the ALJ found that plaintiff had mild to moderate restriction of activities of daily living; mild to moderate difficulties maintaining social functioning; mild to moderate difficulties in maintaining concentration, persistence or pace; and no episodes of decompensation. The ALJ found that plaintiff could perform simple, repetitive tasks at the medium exertional level, with only occasional postural activities. [AR 159].
Plaintiff contends that although the ALJ said that he gave Dr. Simonian's opinion significant weight, the ALJ's RFC omits important limitations and diminishes the severity of plaintiff's mental impairment as assessed by Dr. Simonian. [See JS 9].
In general, "[t]he opinions of treating doctors should be given more weight than the opinions of doctors who do not treat the claimant." Orn v. Astrue, 495 F.3d 625, 632 (9th Cir. 2007) (citing Reddick v. Chater, 157 F.3d 715, 725 (9th Cir. 1998)); see 20 C.F.R. §§ 404.1502, 404.1527(d)(2), 416.902, 416.927(d)(2). An examining physician's opinion, in turn, generally is afforded more weight than a non-examining physician's opinion. Orn, 495 F.3d at 631; Lester v. Chater, 81 F.3d 821, 830-831 (9th Cir. 1995). If contradicted by the opinion of another doctor, a treating or examining physician's opinion can be rejected only for specific and legitimate reasons that are based on substantial evidence in the record. Batson v. Comm'r of Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir. 2004); Tonapetyan v. Halter, 242 F.3d 1144, 1148-1149 (9th Cir. 2001); Lester, 81 F.3d at 830-831. "The opinion of a nonexamining physician cannot by itself constitute substantial evidence that justifies the rejection of the opinion of either an examining physician or a treating physician." Lester, 81 F.3d at 831.
Plaintiff contends that the ALJ's findings that plaintiff had "mild to moderate" limitations and can perform simple, repetitive tasks fail to take into account the fact that Dr. Simonian opined that plaintiff had "moderate" limitations in multiple areas of functioning. Plaintiff also argues that the ALJ's RFC finding fails to account for several work-related limitations not addressed by the four broad functional categories (activities of daily living; social functioning; concentration, persistence and pace; and episodes of decompensation). [JS 9].
Plaintiff's argument fails. First, the ALJ said he was giving Dr. Simonian's opinion "significant weight," but he did not say that he was adopting that opinion in every respect. The ALJ also relied in part on a non-examining physician state agency physician's opinion that plaintiff retained the mental RFC to perform simple, repetitive tasks. [AR 158 (citing AR 411)]. Both the state agency physician and the ALJ noted multiple discrepancies in plaintiff's presentation to examining doctors, as well as indications that plaintiff submitted purported medical opinion evidence of doubtful authenticity.*fn1 [See AR 159, 409-411].
Second, in framing his hypothetical question to the vocational expert, the ALJ specified that he was using a mental limitation rating scale of "slight, to mild, to moderate, to marked." [AR 697]. Thus, "mild to moderate" limitations denotes a range bounded by "mild" on one end and "moderate" on other. It encompasses, rather than excludes, the possibility that plaintiff had moderate functional limitations. The vocational expert testified that a hypothetical individual with the "mild to moderate" functional limitations identified by the ALJ could perform the unskilled, light or medium jobs of cleaner, assembler, packager, and inspector. [AR 697-698].
Third, even if, plaintiff has moderate limitations with respect to executing complex instructions, interacting socially at work, adapting to common work stresses, attending work regularly, and performing work activities on a consistent basis without special or additional supervision, moderate mental functional limitations are not per se disabling, nor do they preclude the performance of simple, repetitive work. See, e.g., Hoopai v. Astrue, 499 F.3d 1071, 1076-1077 (9th Cir. 2007) (holding that a diagnosis of "moderately significant forms of depression"and moderate limitations in the ability to maintain attention and concentration for extended periods, perform activities within a schedule, maintain regular attendance, be punctual within customary tolerance, complete a normal workday and workweek without interruption from psychologically-based symptoms, and perform at a consistent pace without an unreasonable number and length of rest periods did not preclude a finding of non-disability); Thomas, 278 F.3d at 953 (affirming the ALJ's finding that a claimant who had "moderate mental residual functional capacity limitations" as well as a "marked limitation in her ability to maintain concentration over extended periods" could perform the unskilled jobs identified by a vocational expert); Barker v. Sec'y of Health & Human Servs., 882 F.2d 1474, 1475-1478 (9th Cir. 1989) (holding that the ALJ did not err in finding that a claimant with a "low-normal IQ," a moderate restriction in the activities of daily living, and moderate difficulties in social functioning could perform the unskilled jobs identified by a vocational expert); Russey v. Massanari, 2001 WL 1242901, at *2, *10 (N.D. Ill. Oct. 12, 2001) (holding that the ALJ properly found that a claimant who was moderately limited in his ability to understand, remember and carry out detailed instructions, and to get along with peers and co-workers without distracting them or exhibiting behavioral extremes, and markedly limited in his ability to interact appropriately with the general public, could perform unskilled jobs); see also Koehler v. Astrue, 283 Fed.Appx. 443, 445 (9th Cir. 2008) ("The regulatory scheme--specifically, 20 C.F.R. § 404.1520a--does not mandate that the diagnosis of a 'moderate' degree of limitation in one's ability to respond to changes in the workplace setting must be found to be a [severe] mental impairment.").
Fourth, the ALJ's finding that plaintiff can perform simple, repetitive work-and therefore is not precluded from performing the unskilled jobs identified by the vocational expert-is consistent with Dr. Simonian's finding that plaintiff can perform simple one- and two-step job instructions (but would have a "moderate limitation" in understanding, following, and carrying out complex instructions). [See AR 161, 301, 378]. The vocational expert testified that the hypothetical person could perform the unskilled jobs of cleaner, assembler, packager, or inspector. While the vocational expert did not provide a Dictionary of Occupational Titles ("DOT") job number for those jobs, there are several such jobs in the DOT at the medium exertional level or below that entail only occasional postural activities and require no more than the ability to "apply commonsense understanding to carry out simple one- or two-step instructions. Deal with standardized situations with occasional or no variables in or from these situations encountered on the job." See DOT, Appendix C, Components of the Definition Trailer (4th ed. rev.1991)(italics added).*fn2
For the foregoing reasons, the ALJ did not err in evaluating Dr. Simonian's opinion, and his finding that plaintiff retains the RFC to perform alternative work is supported by substantial evidence in the record.
The Commissioner's decision is supported by substantial evidence and is free of legal error. Accordingly, the Commissioner's decision is affirmed.
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Battle Arts are expressed through Skills common to a variety of weapons. The Battle Arts feature allows players to use special attacks with weapons and boost the damage of spells.
Using a weapon's Skill will consume Focus Points, which is displayed through the blue gauge on the HUD. Skills can still be performed without the requisite Focus Points, but the skill will not yield any of the enhanced properties it provides. As of patch 1.05, Battle Arts can still be performed with their full effects as long as one has half of the required focus points. Attempting to use the skill of a weapon you do not have the stats to equip will behave as if you had no FP, and consume none.
|Without FP
|Blind Spot
|Use against shielded foes to break through their guard by attacking from the side.
|Reduced damage.
|Corvian Greatknife, Handmaid's Dagger
|Inflicts 200 bleed damage to the player. Gives +30% damage for 15 seconds. Also does some damage in front of the player when cast.
|Skill has no effect.
|Chain Spin
|Sweep foes in a large spinning motion and use strong attack to continue the motion until stamina is exhausted.
|Reduced damage.
|Winged Knight Twinaxes, Winged Knight Halberd
|Chained Dance
|Execute relentless consecutive attacks while tracing a circle in a unique dance of deadly grace.
|Reduced damage.
|Painting Guardian's Curved Sword
|Champion's Charge
|Hold spear at waist and charge at foe, and use momentum to transition into sweeping strong attack.
|Reduced damage. Enemy doesn't get knocked back.
|Gundyr's Halberd
|Hold weapon at waist and charge at foe. Use strong attack while charging to extend the length of the charge.
|Reduced damage.
|Greatlance, Astora Greatsword, Pike, Winged Spear, Soldering Iron, Drang Twinspears, Lothric Knight Long Spear, Four Pronged Plow, Halberd, Saint Bident, Rotten Ghru Spear
|Creates a powerful flame in the wielder's hand. One of the most basic pyromancies, and for this very reason, the flame created is fierce. Works while equipped in either hand.
|Skill has no effect (requires full FP cost).
|Pyromancy Flame, White Hair Talisman
|Crescent Blade
|Assume a broad stance and fire off crescent moon blades.
|No projectile. Reduced damage.
|Crescent Moon Sword
|Dancer's Grace
|Unleash the fury of both blades in a dancing spin motion and use strong attack to continue the performance until stamina is exhausted.
|Reduced damage.
|Dancer's Enchanted Swords
|Aim carefully, and pierce with a large forward lunge. The unseen blade penetrates straight through shields, for nothing can defend from Darkdrift.
|Reduced damage.
|Darkmoon Arrow
|Infuse a readied arrow with Darkmoon essence, granting it magic damage and the ability to pierce shields.
|Reduced damage.
|Darkmoon Longbow
|Demonic Flare
|Briefly cause flame within to flare, and smash it upon earth and foes.
|No special effects or AOE.
|Demon's Great Axe
|The fading flame momentarily illuminates and launches itself forward.
|No jet of flame. No buff.
|Firelink Greatsword
|Falling Bolt
|Hold axe high in air to gather fierce lightning, and smash ground to whip the bolts to the ground.
|No lightning AoE. Reduced damage.
|Dragonslayer Greataxe
|Falling Bolt (2)
|Hold swordspear high in the air to summon fierce lightning that descends upon distant foes.
|No lightning bolt. No buff.
|Dragonslayer Swordspear
|Flame of Lorian
|Lunge forward to transform smolder into flame, and follow with strong attack to launch flame across ground.
|No jet of flame. Reduced damage.
|Lorian's Greatsword
|Flame Whip
|Temporarily coat the whip in fire, the self-same fire as that which consumed the Witch herself, it is said.
|No flame. Reduced damage.
|Witch's Locks
|Flame Whirlwind
|Spin through opponents with abandon, flaming fists outstretched. Using a strong attack while spinning utilizes your momentum to slam the ground with both fists.
|No flame. No AoE at the end. Reduced damage.
|Demon's Fist
|Create a bone-chilling frost with each swing of the greatscythe that causes a temporary frost effect.
|Skill has no effect.
|Pontiff Knight Great Scythe
|Frost Blade
|Execute large spinning motion to embue blade with frost, and follow through with a strong attack that slashes with a giant blade made of frost.
|No frost. Reduced damage.
|Pontiff Knight Curved Sword
|Temporarily boost stamina regeneration by +10 per second by sheer force of will, or perhaps as a channeling of the original owner's industrial efforts.
|Skill has no effect.
|Pickaxe, Warpick
|Gentle Prayer
|Recovers HP for a period of time, albeit extremely slowly. Works while equipped in either hand.
|Skill has no effect.
|Caitha's Chime, Cleric's Sacred Chime, Crystal Chime, Priest's Chime, Saint Tree Bellvine, Yorshka's Chime
|Guiding Light
|A candle provides a temporary source of light which reveals additional guidance.
|Skill has no effect.
|Scholar's Candlestick, Cleric's Candlestick
|Assume a holding stance to rapidly execute a lunging slash with normal attack, or a deflecting parry with strong attack.
|Reduced damage. Parry not affected.
|Uchigatana, Black Blade, Chaos Blade, Washing Pole
|Strike from the left to evade shields and deal a stinging blow that temporarily slows stamina recovery. The shackles of bondage lie deep in the hearts of all humankind.
|Reduced damage.
|Notched Whip, Whip
|Stamina recovery is reduced by 10 per second
|Kindled Charge
|Hold spear at waist and charge at foe, and use momentum to transition to a fiery strong attack.
|No AoE at the end. Reduced damage.
|Gargoyle Flame Spear
|Kindled Flurry
|Anchor weapon in earth and use strong attack to launch successive volleys of fire from the tip of the hammer.
|No projectiles or AoE.
|Gargoyle Flame Hammer
|Leaping Slash
|Perform a forward leaping slash at the opponent's head. When successful, functions as a head shot, inflicting heavy damage.
|Reduced damage and bleed build-up.
|Embrace the victim and steal their HP. Can only be used against humans.
|Reduced amount of HP drained.
|Dark Hand
|Lightning Charge
|Charge with spear at waist to enwreathe with lightning, then release bolts with final thrust.
|No lightning bolt. Reduced damage.
|Dragonslayer Spear
|Offer a gentle prayer to the shield, causing the woman's face to give out a low moan and attract enemies.
|Skill has no effect.
|Moaning Shield
|Molten Perseverance
|Anchor weapon in earth to temporarily boost poise, and use strong attack to repeatedly stab earth to trigger molten explosions.
|Skill has no effect.
|Old King's Great Hammer
|Moonlight Vortex
|Draw sword back and thrust to unleash torrential moonlight.
|No moonlight. Reduced damage.
|Moonlight Greatsword
|Morne's Rage
|Stick weapon into earth and emit a powerful shockwave. Also, similar to Perseverance, temporarily boosts poise and reduces damage received.
|Skill has no effect.
|Morne's Great Hammer
|Neck Swipe
|This attack aims for the scruff of a foe's neck, and when successful, functions as a head shot, inflicting heavy damage.
|Reduced damage.
|Great Scythe, Great Corvian Scythe
|Oath of Sunlight
|Buffs attacks & damage absorption.
|Skill has no effect.
|Sunlight Straight Sword
|Cancels Tears of Denial
|Leap forward and slash mercilessly with both blades, cutting open foes.
|Slightly reduced damage and bleed build-up.
|Onikiri and Ubadachi
|Buffs your weapon so that it draws out enemy FP points.
|Skill has no effect.
|Yorshka's Spear
|Deflect an attack when timed properly and follow up with a critical hit. Works while equipped in either hand.
|Buckler, Target Shield, Small Leather Shield, Leather Shield, Caduceus Round Shield, Kite Shield, Llewellyn Shield, Parrying Dagger, Farron Greatsword, Golden Falcon Shield, Lothric Knight Shield, Crest Shield, Dragon Crest Shield, Spirit Tree Crest Shield, Silver Knight Shield
|Cross arms in front of body to temporarily boost poise. Damage reduced while activated.
|Skill has no effect.
|Black Knight Sword, Dragon Tooth, Great Mace, Vordt's Great Hammer, Smough's Great Hammer, Red Hilted Halberd, Mace, Morning Star, Caestus, Blacksmith Hammer
|Pharis Triple-Shot
|Swiftly nocks three arrows with finesse after drawing the bow, firing them simultaneously.
|Reduced damage.
|Black Bow of Pharis
|Poison Spores
|Expel noxious spores from the formless, parasitical things that inhabit the staff.
|Skill has no effect.
|Storyteller's Staff
|Profaned Flame
|Temporarily summon the Profaned Flame. Lunge forward and use strong attack to enshroud blade in flame.
|No flame. No buff. Reduced damage.
|Profaned Greatsword
|Pull the arrow even further back for a more powerful shot that can also pierce shields.
|Reduced damage.
|Dragonrider Bow, Longbow
|Puncturing Arrow
|Masterfully fires off a great arrow that pierces through all enemies in its path, infllicting damage.
|Reduced damage.
|Onislayer Greatbow, Dragonslayer Greatbow
|Punitive Flame
|Punish foes with a flame that blankets the ground.
|No flame.
|Immolation Tinder
|Damage inflicted by the weapon itself when performing skill is not affected
|Instantly step behind or around the side of foes. Especially effective when locked on to target.
|Loses iframes.
|Thrall Axe, Dagger, Bandit's Knife, Rotten Ghru Dagger, Brigand Twindaggers, Manikin Claws
|Rapid Fire
|Swiftly nocks arrows with finesse after drawing the bow, allowing for consecutive shots.
|Halves damage.
|Short Bow, Composite Bow
|Ricard's Lunge and Press
|Assume a quick stance, lunge forward, and execute a stunning chain attack. Sustain offensive with a strong attack.
|Reduced damage.
|Ricard's Rapier
|Sacred Light and Flame
|While in stance, use normal attack to cast Sacred Lothric Light, and strong attack to cast Flame of Lorian.
|No jet of light/flame. Reduced damage.
|Twin Princes' Greatsword
|Sacred Lothric Light
|Assume stance to imbue sword with sacred light, and use strong attack to release light together with a great thrust of the sword.
|No jet of light. Reduced damage.
|Lothric's Holy Sword
|Scrape the blade to sharpen and enable a cleaner cut.
|Skill has no effect.
|Butcher Knife
|Shield Bash
|Without lowering your guard, strike the enemy with the shield to knock them back or stagger them. Works while equipped in either hand.
|Reduced damage. Can no longer knock down skeleton enemies.
|Ghru Rotshield, Plank Shield, Pierce Shield, Porcine Shield, Cathedral Knight Greatshield, Yhorm's Greatshield, Twin Dragon Greatshield, Stone Greatshield, Lothric Knight Greatshield, Dragonslayer Greatshield, Greatshield of Glory, Black Iron Greatshield
|Shield Splitter
|Aim carefully, and attack in a large forward lunge to pierce through enemy shields and inflict damage directly.
|Reduced damage.
|Mail Breaker, Spear, Arstor's Spear, Estoc, Irithyll Rapier
|Shield Strike
|Use shield to attack enemies. Works while equipped in either hand.
|Reduced damage.
|Spiked Shield
|Spell Parry
|Repel an attack at the right time to follow up with a critical hit. Works while equipped in either hand. Also deflects spells.
|Sacred Bloom Shield, Golden Wing Crest Shield
|Spin Bash
|Bash foes with a large spinning motion. and utilize momentum to transition into an overhanded strong attack smash.
|Reduced damage.
|Great Wooden Hammer, Spiked Mace, Drang Hammers
|Spin Slash
|Slice into foes with a large spinning motion, and follow with a strong attack for a spinning vertical-slash.
|Reduced damage.
|Falchion, Scimitar, Murakumo, Exile Greatsword
|Spin Slash (2)
|Slice into foes with a large spinning motion, and use strong attach to lengthen attack and end with a double-bladed thrust.
|Reduced damage.
|Gotthard Twinswords
|Spin Sweep
|Sweep foes in a large spinning motion, and utilize momentum to transition into and overhanded strong attack slash.
|Reduced damage.
|Glaive, Lucerne, Partizan, Black Knight Glaive
|While in stance, use normal attack to break a foe's guard from below, and strong attack to slash upwards with a forward lunge.
|Reduced damage (lower chance to break guard).
|Hollowslayer Greatsword, Claymore, Long Sword, Broadsword, Shortsword, Irithyll Straight Sword, Barbed Straight Sword, Lothric Knight Sword, Morion Blade, Astora Straight Sword, Broken Straight Sword, Drakeblood Greatsword, Anri's Straight Sword
|Stance (2)
|From stance, use normal attack to back step and execute a surprise attack, or strong attack for consecutive thrusting.
|Reduced damage.
|Rapier, Crystal Sage's Rapier
|Stance of Judgment
|Assume stance to unleash dark magic. Use normal attack for a lunging thrust, and strong attack to emit side-sweeping wave.
|No buff or projectile. Reduced damage.
|Greatsword of Judgment
|Steady Chant
|Boost the strength of sorceries for a very short period. Works while equipped in either hand.
|Skill has no effect (requires full FP cost).
|Heretic's Staff, Izalith Staff, Man-grub Staff, Medicant's Staff, Sage's Crystal Staff, Sorcerer's Staff, Witch Tree Branch, Archdeacon Great Staff, Court Sorcerer's Staff, Heysel Pick, Golden Ritual Spear
|Use one's weight to lunge forward with a low stance and increased poise, and follow with a strong attack for a spinning slash.
|Reduced damage.
|Executioner's Greatsword, Greatsword, Cathedral Knight Greatsword, Black Knight Greatsword
|Stomp (2)
|Use one's weight to lunge forward with a low stance and increased poise, and follow with a strong attack for an upward slash.
|Reduced damage.
|Bastard Sword, Dark Sword, Zweihander, Lothric Knight Greatsword
|Stomp (3)
|Use one's weight to lunge forward with a low stance and increased poise, and follow with a crushing strong attack.
|Reduced damage.
|Fume Ultra Greatsword
|Stone Flesh
|Raise the shield in silent prayer, turning the user's body into a solid mass of stone.
|Skill has no effect.
|Havel's Greatshield
|Storm King
|Assume stance to imbue sword with storm. Most effective when facing giants.
|Reduced damage.
|Storm Ruler
|Special damage and effect only apply to Yhorm, despite description
|Lunge into a shoulder tackle, pushing back enemies to create distance.
|Weaker staggering effect.
|Avelyn, Arbalest, Sniper Crossbow, Light Crossbow, Knight's Crossbow, Heavy Crossbow
|Imbue blade with the wrath of storm in a spinning motion, and follow with a string attack to bear that wrath upon foes.
|No knockdown effect. Reduced damage.
|Storm Curved Sword
|Unleash Dragon
|Thrust the spear to unleash the strength of dragons, similar to an ancient dragon weapon, only with its power tragically faded.
|No special effect. Reduced damage.
|Tailbone Spear, Tailbone Short Sword
|Unfaltering Prayer
|Temporarily increase poise while casting miracles, preventing enemy attacks from interrupting prayer. Works while equipped in either hand.
|Skill has no effect.
|Canvas Talisman, Saint's Talisman, Sunlight Talisman, Talisman
|Adds 8(9) extra FP to miracle cost, but will still take effect even if remaining FP is just enough for the miracle
|Let out a spirited warcry that temporarily boosts attack.
|No damage boost. Only 1/3 duration.
|Battle Axe, Brigand Axe, Dragonslayer's Axe, Greataxe, Crescent Axe
|Counts as weapon buff. Overrides buffs from resins or spells (and vice versa)
|Warcry (2)
|Let out a spirited warcry that temporarily boosts attack, and enables a special consecutive strong attack.
|No damage boost. Only 1/3 duration.
|Club, Reinforced Club, Large Club, Great Club, Black Knight Greataxe
|Counts as weapon buff. Overrides buffs from resins or spells (and vice versa)
|Warcry (3)
|Let out a spirited warcry that temporarily boosts attack, and pierce through shields to inflict direct damage.
|No damage boost. Only 1/3 duration.
|Man Serpent Hatchet
|Has to be fully charged to completely bypass shield. Counts as weapon buff. Overrides buffs from resins or spells (and vice versa)
|Warcry (4)
|Let out a spirited warcry that temporarily boosts attack, and enables a crushing strong attack.
|No damage boost. Only 1/3 duration.
|Yhorm's Great Machete
|Counts as weapon buff. Overrides buffs from resins or spells (and vice versa)
|Weapon Skill
|Equipping this shield in the left hand allows one to perform the Skill of the right hand weapon.
|Eastern Iron Shield, Wolf Knight's Greatshield, Black Knight Shield, Ancient Dragon Greatshield, Shield of Want, Silver Eagle Kite Shield, Curse Ward Greatshield, Pontiff Knight Shield, Spider Shield, Wargod Wooden Shield, Stone Parma, Warrior's Round Shield
|Wheel of Fate
|Thrust out the wheel and give it a good spin, shredding enemies with the outer lining of spikes.
|Reduced damage.
|Bonewheel Shield
|Wolf Leap
|Slice into foes with a large spinning motion, then leap out of harm's way and follow with a strong attack.
|Reduced damage.
|Old Wolf Curved Sword
|Wolf Sword
|While in stance, use normal attack for a low spinning slash, or strong attack to leap forward in a vertically-slashing somersault.
|Reduced damage.
|Wolf Knight's Greatsword
|Wrath of the Gods
|Thrust weapon into earth to emit powerful shockwave. The wrath of those swallowed by the Abyss is a thing to be wary of indeed.
|Skill has no effect.
|Wolnir's Holy Sword


text:
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Queer Horror - Gay horror book and movie reviews
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IBM a Leading Innovator in the Technology World
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Category: Business Studies
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ibm International Business Machines Corporation IBM is the worlds largest manufacturer of information systems and equipment IBM produces computers that range from large mainframes to portable laptops The company also offers computer services that help customers operate information system In addition IBM supplies such hardware devices as disk drives and printers It also produces software products for both business applications and consumer use IBM headquaters are in ArmonkNew York International Business Machines Corporation grew out from an earlier firm the Computing-Tabulating-Recording- Company It recieved its present name in 1924 The company dominated the office equipment industry until the mid-1900s with such products as tabulatorstime clocks and electric typewritersIn 1914John Thomas Watson was made president of a company that became IBM in 1924 Under Watsons leadership from 1914 to 1956 it became one of the worlds most successful corporations The development of computers entirely changed IBMs business IBM first manufactured computers for commercial sale in 1952 From the 1960s to the early 1980s IBM dominated the office equipment and information technology industries Mainframe computers provided the cornerstone for its successIBM began marketing its personal computerPC in 1981 This power machine was smaller and cheaper than mainframe computers and it quickly became popular for both business and home use In addition the IBM model quickly became the standard In the mid-1980s growing competition from the clone manufacturers resulted a decline in IBMs market share But the company remained the worlds largest computer manufacturer In 1995 IBM acquired Lotus Development Corporation a leading software developer In 1997IBM and World BookInc released an electronic reference work called THE WORLD BOOK MULTIMEDIA ENCYCLOPEDIA The multimedia product provided animationmapspicturesvideosand audio in addition to the text of THE WORLD BOOK on CD-ROM IBM surely benefited from this situation by becoming a stronger corporation IBM is the fourth leading manufacturer in the US The reason why I bought this IBM stock is because I purchased an IBM PC before this report
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If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA


text: HELP MY UNBELIEF Great Spirit, Mother/Father Creator, I want so very much to believe, I know that Your deep love and mercy, Your forgiveness and understanding of all human hearts Is very real, but still I doubt. Through an ever increasing understanding of the mysteries Of my own existence and Yours, Please help me to overcome my unbelief. May my perceptions no longer be based on mere surface words, But on a deep inner knowingness Of the hidden meanings behind the texts of all Sacred teachings of our world. Help us all to grasp them the way we did In times gone by, in other lifetimes, When this state of consciousness was known as gnosis. The dawn my soul has patiently been waiting for is here. It has arrived through the lonely watches of my spirit's night That took me through the narrow tunnel of the grief Of having lost my inner connection with You. Tortured, alone in the creeping loathsome dark, Dragged along a labyrinthine maze, I wait, Safe in the knowledge that the healing rays of the Sun Of your eternal wisdom and truth will eventually bring about The rebirth of my own soul and that of our world. Triumphantly, the iron gates of pain are breaking down, Bringing new life where broken hopes Once lay crippled among the ancient battlements Of my soul and that of our world. May my lack of faith in You now be replaced by The deep inner awareness of your Divine presence in me And all my companions, each on their own way Back home into the oneness with You. As surely as each night is followed by a new day, When the midnight of the soul of humankind has come to its end, Mother/Father, the radiance of Your Light will reign supreme, Forever and ever. Amen Randle Manwaring Edited by Aquarius With love and light, Aquarius


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Product Description
Demdaco Lyricology Amazing Grace Mug (14.0 oz.) - Sentiment: Front: Amazing grace, how sweet the sound. - Back: One of the most recognizable songs in the English-speaking world, it is estimated that "Amazing Grace" is performed 10 million times annually.
Music is a caption to our lives. Demdaco Lyricology celebrates life's captions and life's memorable moments with new accessories that compliments the line. Picture frames and pillows hum a happy memory. Coffee mugs whistle a morning pick me up. Hip new jewelry keeps songs close to the heart.
Size: 3.5" H
Songs you know by heart. Songs that stir the soul, that stick in your head all day and are welcome there. Songs with a message. This is the music and meaning behind Lyricology.
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