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Following UFC 146, president Dana White discusses the possible UFC return of Brock Lesnar.Subscribe to our channel for more MMA videos! Click here: http://www.youtube.com/user/MMAFightingonSBN?featur watch video >>
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Originally, I planned to continue my ISS above London series although now it would be renamed to ISS above Amsterdam. Unfortunately, I missed tonight's fly over between 17:41:57 and 17:48:47 GMT when the ISS passed only a few degrees south of the Moon.
Fortunately, freezing out on the roof terrace wasn't a complete waste of time as I managed to take the following shot of the crescent Moon [click to embiggen].
In the photo above, 25% of the surface is illuminated. At the time, the Moon was at the distance of 400,438 km only a few hours after reaching the apogee (January 20, 2010 at 14:55 GMT). Chromatic aberration, caused by the failure of the primary lens to focus all colors to the same point due to different refractive index for different wavelengths of light, is noticeable on the edges (green in the bottom left, red in bottom right, and blue in top right) but quite obvious in the original (uncropped) image [~2mb] with the resolution of 4272px x 2848px.
As there is no need for colors in lunar images, I was quite happy to "correct" the chromatic aberration by setting the image [click to embiggen] to gray-scale:

subset: commoncrawl


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"A lot of this is trader (driven). The gyrations are crazy but it's just sort of a typical reaction."
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text: Just make sure that you don't 'play doctor' too much and misdiagnose something and then have to turn to traditional methods of medicine to find the right cure. Play both sides if you do get sick. Get professional advice and do your own research and healing methods. 2016 Wellness HoroscopeAriesTaurusGeminiCancerLeoVirgoLibraScorpioSagittariusCapricornAquariusPisces


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Italian luxury fashion house Prada are best known for their haute couture and high fashion pieces, but their Prada Sports diffusion line is a stylish way to live on the move. Prada Sport sunglasses are expertly crafted to give a durable and practical quality with a polished Prada finish worthy of fashion royalty.
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"Gulet Cruising Holiday in Turkey" Bodrum Off The Beaten Path Tip by Smith70
Bodrum Off The Beaten Path: 42 reviews and 82 photos
If your are planning a tour of Turkey and Greece, I would suggest you to add a cruise holiday. From Bodrum, Marmaris or Fethiye you can have a different blue cruise. And it offers great value for money, allowing you to choose your accommodation type and any extras at the time of booking so you have complete control over your holiday budget. Turkey island Cruise tour includes full board meal plan, port fees, porterage and housekeeping. For more information or to view some of special Gulet Tours tours have a look at their website www.ecoturkey.com
Website: http://www.ecoturkey.com
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Texas Tulips was first published in American Patchwork & Quilting. This pattern is not in any of our books.
This quilt has a finished size of 47" x 47". The downloadable pattern comes as a pdf document. Included in the pattern are:
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United States District Court, N.D. New York
March 24, 2014
JANE A. TAYLOR, Plaintiff,v.THE NEW YORK STATE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, CATHY TURCK, in her official capacity and individually, and CATHY LABARGE, in her official capacity and individually, Defendants.
SADOWSKI FISCHER, P.L.L.C. Robert W. Sadowski, Esq. New York, New York, Counsel for Plaintiff.
ERIC T. SCHNEIDERMAN Michael G. McMartin, Esq. Attorney General of the State of New York Assistant Attorney General Albany, New York, Counsel for Defendants.
NORMAN A. MORDUE, District Judge.
This is a civil action brought by plaintiff Jane A. Taylor against defendants the New York State Office for People with Developmental Disabilities ("OPWDD"), Cathy Turck, Treatment Team Leader, in her official capacity and individually ("Turck"), and Director of Labor Relations Capital District Cathy LaBarge, in her official capacity and individually ("LaBarge") under 42 U.S.C. § 1983, for violation of plaintiff's First, Fifth and Fourteenth Amendment Rights under the United States Constitution, as well as for breach of contract, retaliation, and for defamation. Presently is a motion by defendants to dismiss the complaint for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff opposes defendants' motion.
The facts, according to the complaint, are these: Plaintiff has worked for OPWDD since 1987. Until November, 2008, she was a developmental aide. At all times relevant to this complaint she was employed by OPWDD in the Capital District on a permanent tenured civil service basis, initially as a "Developmental Aide." She has never received a bad evaluation, and after receiving her bachelor's degree in 2004, she was eventually promoted to "Residential Habitation Specialist, " Grade 14, a clinical position, in 2008. As such, she has a vested property interest in her continued employment with respect to which she cannot lawfully suffer a deprivation without first being accorded a pre-deprivation hearing consistent with due process. During her 27 years at OPWDD, she has been vocal in reporting incidents of abuse, and incidents in which other employees have not conformed to OPWDD's policies and procedures. As a result, she has been chastised, formally counseled, and has received notices of discipline - all for reporting inappropriate actions on behalf of her co-workers, either towards clients, or towards each other. Moreover, when reporting inappropriate behavior on the part of other OPWDD employees, she has received multiple notices of discipline for "false allegations, " with no indication as to how it was determined that plaintiff's version of events, was, in fact false, and the other party's was true.
Retaliation against plaintiff has escalated since she was quoted in a New York Times article regarding the failure of OPWDD to keep reports to the ombudsman confidential, when it became clear that three incidents of abusive behavior by fellow employees, which she had reported confidentially to the ombudsman, had been shared with OPWDD management. Ironically, after engaging a law firm to represent her regarding the retaliation, the actions taken against plaintiff by the OPWDD became even more outrageous, including receiving a reprimand for moving a chair from a hallway into a classroom.
Defendant OPWDD is responsible for coordinating services for more than 126, 000 New Yorkers with developmental disabilities, including intellectual disabilities, cerebral palsy, Downs's syndrome, autism spectrum disorders, and other disabilities. It provides services directly to such individuals and through a network of approximately 700 nonprofit service providing agencies, with about 80 percent of services provided by the private not-for-profits and 20 percent provided by state-run services. Beneficiaries of OPWDD services are typically Medicaid eligible. OPWDD, formerly known as the Office of Mental Retardation and Development Disabilities ("OMRDD"), was authorized by the New York Mental Hygiene Law to provide services to individuals with disabilities and to adopt governing regulations. OPWDD adopted regulations concerning the provision of services to individuals with developmental disabilities and requirements for providers who receive Federal, New York State, and Medicaid funding. OPWDD facilities receive state and federal funding. New York State regulations also require that developmental disability programs must provide adequate, appropriate and supervised services to disabled individuals, including by implementing an individualized plan of service, and properly evaluating the appropriateness and effectiveness of the services as well as the residents' satisfaction with them.
Defendant Cathy LaBarge is the Director of Labor Relations of OPWDD for the Capital District Developmental Disabilities Services Office ("DDSO"). She works at the Office of Human Resources, in Schenectady, New York. Defendant Cathy Turck is an employee of OPWDD, and is a Treatment Team Leader. Turck was plaintiff's supervisor. Plaintiff asserts upon information and belief that defendants LaBarge and Ms. Turck are close friends.
In 2011, plaintiff reported to the ombudsman three separate incidents regarding the inappropriate behavior of her co-workers. In one incident, plaintiff stated that she witnessed a fellow employee cursing at a client. In another incident, plaintiff stated that she witnessed a fellow employee taking sick clients outside to sit in a van on a very hot day. In a third incident, plaintiff received an email from the group home psychologist stating that one of the clients was joining the circus."
After making these reports to the ombudsman, plaintiff received a "Formal Counseling" from her supervisor, defendant Turck, the Treatment Team Leader. Defendant Turck accused plaintiff of not following the appropriate chain of command and not following appropriate protocol when reporting these incidents. Plaintiff also received a "Formal Counseling" for ordering a fish tank for a client. After a meeting with the team of employees, the consensus of the team was that they should order a salt water fish tank for one of the clients. Plaintiff was given the task of ordering the fish tank. In an absurd turn of events, plaintiff later received a "Formal Counseling" from defendant for ordering the fish tank without authority.
Some months after reporting the allegations, and many months after the alleged incident took place, plaintiff received a formal "Notice of Discipline" accusing her of making a "false claim" that a co-worker swore at her during a telephone conversation (the "2011 NOD"). Plaintiff's supervisor, rather than being concerned that a colleague, known among the staff for being rude, defiant, and for cursing, had sworn at plaintiff, issued the Notice of Discipline to plaintiff. The Notice of Discipline referred to a prior finding of "guilt" in 2004, also for "falsely" reporting that another employee had used profanity. However, in 2004, when plaintiff was disciplined for this "false accusation, '' OPWDD and plaintiff settled the matter. The terms of the settlement included reducing the Notice of Discipline (the "2004 NOD'') to a formal counseling, and mandated removal from plaintiff's file after two years (the "2004 Settlement"). Contrary to the terms of the 2004 Settlement, however; and unbeknownst to plaintiff, the 2004 NOD remained in plaintiff's file, and was still there in 2011 when the 2011 NOD was issued. Upon receiving the 2011 NOD, which referred to the 2004 NOD, plaintiff insisted that it be removed from her personnel file. Eventually, defendant LaBarge removed it from plaintiff's file, and removed the information regarding it from the 2011 NOD, but the damage was done. The damaging information had been in her personnel file for 7 years, during which time plaintiff was perceived as a liar by those who had access to her personnel file. Indeed, during this time period, plaintiff had posted for another position within OPWDD for which she was qualified, and was never even offered an interview, much less the position. Plaintiff was told she didn't follow proper procedure. Plaintiff filed a grievance regarding the 2011 NOD, which is in the process of being resolved.
About six months after receiving the string of formal counseling memos and the Notice of Discipline, the New York Times quoted plaintiff in an article regarding the fact that confidential reports of abuse made to the ombudsman were being shared with her supervisors and that she was, as a result, being retaliated against. Despite the New York Times article, the retaliation continued, and, in fact, escalated. Defendant Turck constantly asks other employees about plaintiff's whereabouts, and frequently requests that plaintiff report to her at the office at the end of a day's work at a residential facility. Plaintiff contends upon information and belief, that defendant Turck does not keep tabs on the "coming and goings" of other OPWDD employees who work in the various residential homes, nor does she request that they report to the office after a day in the field.
More recently, plaintiff received a Notice of Discipline (the "2013 NOD) regarding her complaint that a psychologist had inappropriately touched a client on the shoulder in a meeting. The 2013 NOD states that plaintiff made "false accusations of inappropriate contact between a co-worker and [a client]." Upon receiving the 2013 NOD, plaintiff filed a grievance and hired counsel to represent her with regard to the harassment and retaliation she has suffered, and continues to suffer, at the hands of defendants. Plaintiff contends that as soon as she informed OPWDD that her present counsel would be representing her, the retaliation escalated even more, "with even more absurd results." Indeed, plaintiff asserts that she "was promptly put on paid administrative leave."
Plaintiff initiated a complaint of discrimination with the New York State Division of Human Rights ("DHR") on or about September 6, 2011, against both OPWDD and defendant Turck. Following an investigation, on February 29, 2012, the DHR concluded that there was no probable cause to believe that defendants had engaged in or are engaging in unlawful discriminatory conduct. Thereafter, plaintiff commenced the instant action asserting that defendants have violated her Fifth and Fourteenth Amendment Rights under the United States Constitution. Plaintiff also alleges that defendants violated the 2004 settlement agreement, unlawfully retaliated against her and defamed her.
A. Standards of Review
The standards applicable to motions to dismiss are well-settled. "A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it." Makarova v. United States , 201 F.3d 110, 113 (2d Cir. 2000). The standard for reviewing a 12(b)(1) motion to dismiss is essentially identical to the 12(b)(6) standard set forth below, except that "[a] plaintiff asserting subject matter jurisdiction has the burden of proving by a preponderance of the evidence that it exists." Id. at 113. In adjudicating a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), the court may consider matters outside the pleadings. See Makarova , 201 F.3d at 113.
On a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), the Court must accept the allegations of the complaint as true, and draw all reasonable inferences in favor of the nonmoving party. See Grandon v. Merrill Lynch & Co. , 147 F.3d 184, 188 (2d Cir. 1998); Gant v. Wallingford Bd. of Educ. , 69 F.3d 669, 673 (2d Cir. 1995). In addition, the Court may not dismiss the complaint unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Nettis v. Levitt , 241 F.3d 186, 191 (2d Cir. 2001) (quotation omitted). Therefore, the issue before the Court on such a motion "is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." King v. Simpson , 189 F.3d 284, 287 (2d Cir. 1999) (quoting Villager Pond, Inc. v. Town of Darien , 56 F.3d 375, 378 (2d Cir. 1995)).
B. Eleventh Amendment
According to defendants, under the Eleventh Amendment of the Constitution and the principles of sovereign immunity, this Court lacks subject matter jurisdiction over this lawsuit, because: (1) regardless of plaintiff having sued the individually named defendants in both their individual and official capacities, the claims implicate the State and are thus barred by the Eleventh Amendment; and (2) plaintiff makes no request for prospective relief to address ongoing constitutional violations.
As an initial matter, the Court first observes that within the Second Circuit, the question of whether a motion to dismiss made on sovereign immunity grounds should be reviewed under Rule 12(b)(1) or under Rule 12(b)(6) remains unresolved. See Carver v. Nassau Cnty. Interim Fin. Auth. , 730 F.3d 150, 156 (2d Cir. 2013) ("[W]hether the claim of sovereign immunity constitutes a true issue of subject matter jurisdiction or is more appropriately viewed as an affirmative defense is an open question in the Supreme Court and the Second Circuit.") (citing Wisc. Dep't of Corr. v. Schacht , 524 U.S. 381, 391 (1998)); see also Garcia v. Paylock , 13-CV-2868 KAM, 2014 WL 298593, at *2 n. 3 (E.D.N.Y. Jan.28, 2014) ("It is an open question in the Second Circuit whether the claims of sovereign immunity should be viewed as raising a question of subject matter jurisdiction, and thus be evaluated under Rule 12(b)(1), or as an affirmative defense analyzed under Rule 12(b)(6).").
This "distinction is significant, " because "while [a district court] must accept all factual allegations in a complaint as true when adjudicating a motion to dismiss under Fed.R.Civ.P. 12 (b)(6), ... in adjudicating a motion to dismiss for lack of subject-matter jurisdiction [pursuant to Fed.R.Civ.P. 12(b)(1)], a district court may resolve disputed factual issues by reference to evidence outside the pleadings, including affidavits." State Employees Bargaining Agent Coal. v. Rowland , 494 F.3d 71, 77 (2d Cir. 2007) (citations omitted). As such, in accordance with the approach taken by other district courts within this Circuit, the Court will apply the stricter standard set under Fed.R.Civ.P. 12(b)(6) while analyzing defendants' sovereign immunity arguments. See Tiraco v. New York State Bd. of Elections , No. 12-CV-2273 (KAM) (MDG), 2013 WL 4046257, at *4 n. 6 (E.D.N.Y. Aug.7, 2013) (noting that "[t]his distinction [ ] does not alter the outcome" of the case because "the court [ ] considered only the pleadings and the relevant state and federal law and [drew] all inferences in Plaintiff's favor") (citations omitted); McMillan v. N.Y. State Bd. of Elections , No. 10-CV-2502 (JG) (VVP), 2010 WL 4065434, at *3 (E.D.N.Y. Oct. 15, 2010) (looking "only to the pleadings and to state and federal law" to resolve questions regarding sovereign immunity).
Under the Eleventh Amendment, "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. CONST. AMEND. XI; see also Gollomp v. Spitzer , 568 F.3d 355, 365 (2d Cir. 2009). "Although by its terms the Amendment applies only to suits against a State by citizens of another State, " the Supreme Court has consistently "extended the Amendment's applicability to suits by citizens against their own States." Bd. of Trustees of Univ. of Alabama v. Garrett , 531 U.S. 356, 363 (2001) (collecting cases); see also Daigneault v. Judicial Branch, Connecticut , 309 Fed.App'x 518, 519 (2d Cir. 2009) ("[T]he Eleventh Amendment bars suits against a nonconsenting state in federal court brought by a state's own citizens or citizens of another state.") (citing Edelman v. Jordan , 415 U.S. 651, 662-63 (1974)); CSX Transp., Inc. v. New York State Office of Real Prop. Servs. , 306 F.3d 87, 94 (2d Cir. 2002) ("In addition to its explicit restriction of suits by Citizens of another State, ' the Eleventh Amendment has been construed to protect an unconsenting state from suit by its own citizens.'") (quoting Edelman , 415 U.S. at 662-63); Tiraco, 2013 WL 4046257, at *4 ("The Supreme Court has long held that the Eleventh Amendment bars suits against a state by one of its own citizens.") (citing Hans v. Louisiana , 134 U.S. 1 (1890)).
In other words, "the Eleventh Amendment means that, as a general rule, state governments may not be sued in federal court unless they have waived their Eleventh Amendment immunity, or unless Congress has abrogated the states' Eleventh Amendment immunity when acting pursuant to its authority under Section 5 of the Fourteenth Amendment." Gollomp , 568 F.3d at 366 (citation and internal quotation marks and alterations omitted); see also Miller v. Carpinello , No. 06 Civ. 12940 (LAP), 2007 WL 4207282, at *2 (S.D.N.Y. Nov.20, 2007) ("The Eleventh Amendment bars suits in federal court by citizens against a state and its agencies, absent waiver of immunity and consent to suit by the state or abrogation of constitutional immunity by Congress.").
Further, a suit for damages against a state official in his or her official capacity "is deemed to be a suit against the state, and the official is entitled to invoke the Eleventh Amendment immunity belonging to the state." Ying Jing Gan v. City of New York , 996 F.2d 522, 529 (2d Cir. 1993); see also Will v. Mich. Dep't of State Police , 491 U.S. 58, 71 (1989); Ford v. Reynolds , 316 F.3d 351, 354 (2d Cir. 2003). However, "the applicability of the Eleventh Amendment bar [to suits against individuals in their official capacities] depends on the form of relief sought." Lee v. Dep't of Children & Families , 939 F.Supp.2d 160, 165-66 (D. Conn. 2013). Money damages cannot be recovered from state officers sued in their official capacities. See e.g., Will , 491 U.S. at 71 ("[A] suit against a state official in his or her official capacity is not a suit against an official but rather is a suit against the official's office."); Edelman , 415 U.S. at 663 ("[A] suit by private parties seeking to impose a liability which must be paid from public funds in the state treasury is barred by the Eleventh Amendment."); Goonewardena v. New York , 475 F.Supp.2d 310, 329 (S.D.N.Y. 2007) ("[S]overeign immunity also extends to bar claims for monetary damages brought against state officers sued under section 1983 in their official capacities.").
Similarly, "judgments against state officers declaring that they violated federal law in the past" are also not permitted. Puerto Rico Aqueduct and Sewer Auth. v. Metcalf & Eddy , 506 U.S. 139, 146 (1993) (citing Green v. Mansour , 474 U.S. 64, 73 (1985)). However, prospective injunctive relief is available against individuals being sued in their official capacities in order to correct an ongoing violation of federal law. See Edelman , 415 U.S. at 663; Ex Parte Young , 209 U.S. 123, 28 (1908). In this regard, through the doctrine of Ex Parte Young , a party may bring "a suit for injunctive [or declaratory] relief challenging the constitutionality of a state official's actions in enforcing state law." CSX Transp., Inc. , 306 F.3d at 98 (internal quotation marks and alteration omitted); see also Arthur v. Nyquist , 573 F.2d 134, 138 (2d Cir.1978).
Based on this analysis, the Eleventh Amendment bars plaintiff's claims against OPWDD and all claims for compensatory and punitive damages against defendants LaBarge and Turck in their official capacities. See Huminski v. Corsones , 396 F.3d 53, 70 (2d Cir. 2004) ("state officials cannot be sued in their official capacities for retrospective relief under section 1983"); Molina v. New York , 697 F.Supp.2d 276, 283 (N.D.N.Y. 2010) ("[i]t is well settled that the Eleventh Amendment bars suits against a state or its agencies, " therefore "[p]laintiff's claims against the State of New York and OCFS, a state agency, are dismissed"); McGregor v. Goord , 18 F.Supp.2d 204, 210 (N.D.N.Y. 1998) ("To the extent that plaintiff is seeking damages in the form of back pay, those damages are barred by the Eleventh Amendment."). In plaintiff's third cause of action, she asserts a claim against OPWDD on the basis of Monell v. Dep't of Soc. Servs. of City of New York , 436 U.S. 658 (1978). Even if the alleged unconstitutional policy or practice she sets forth herein is sufficient to adequately state a cause of action under Monell , her claim is barred under the Eleventh Amendment as OPWDD is indisputably an official agency of the State of New York.
Plaintiff does not assert any prospective claims for injunctive relief in her complaint. She does, however, raise claims for compensatory and punitive damages against the individually named defendants in their personal capacities which are not barred by the Eleventh Amendment. See Alden v. Maine , 527 U.S. 706, 757 (1999) ("Even a suit for money damages may be prosecuted against a state officer in his individual capacity for unconstitutional or wrongful conduct fairly attributable to the officer himself, so long as the relief is sought not from the state treasury but from the officer personally.").
C. Plaintiff's First Amendment Retaliation Claim
To state a prima facie case of First Amendment retaliation under § 1983, a plaintiff must demonstrate (1) the speech at issue was constitutionally protected; (2) plaintiff suffered an adverse employment action; and (3) a causal connection between the speech and the adverse employment action so that it can be said that the speech was a motivating factor in the determination. See Washington v. County of Rockland , 373 F.3d 310, 320 (2d Cir. 2004). "[T]he First Amendment protects a public employee from retaliation by his or her employer for the employee's speech only if the employee sp[eaks] as a citizen on a matter of public concern.'" Singer v. Ferro , 711 F.3d 334, 339 (2d Cir. 2013) (quoting Garcetti v. Ceballos , 547 U.S. 410, 418 (2006)). "A matter of public concern is one that relat[es] to any matter of political, social, or other concern to the community.'" Id. (alteration in original) (quoting Connick v. Myers , 461 U.S. 138, 146 (1983)). "Whether an employee's speech addresses a matter of public concern must be determined by the content, form, and context of a given statement, as revealed by the whole record.'" Id. (quoting Connick , 461 U.S. at 147-48). "Among the relevant considerations is whether the speech was calculated to redress personal grievances or whether it had a broader public purpose." Id. (internal quotation marks omitted). "The question of whether a public employee spoke... on a matter of public concern is a question of law." Singer , 711 F.3d at 339.
In Ruotolo v. City of New York , 514 F.3d 184 (2d Cir.2008), the Second Circuit described the "heart" of the public concern inquiry as "whether the employee's speech was calculated to redress personal grievances or whether it had a broader public purpose.'" Id. at 189 (quoting Lewis v. Cowen , 165 F.3d 154, 163-64 (2d Cir. 1999). A year later, however, the Court clarified that "the speaker's motive, while one factor that may be considered, is not dispositive as to whether his speech addressed a matter of public concern, " Sousa v. Roque , 578 F.3d 164, 171 (2d Cir. 2009) (quoting Reuland v. Hynes , 460 F.3d 409, 415 (2d Cir. 2006)); that is, "it does not follow that a person motivated by a personal grievance cannot be speaking on a matter of public concern." Id. at 174. Notwithstanding that admonition, the Circuit adhered to the principle that "[a]n employee who complains solely about his own dissatisfaction with the conditions of his own employment is speaking upon matters only of personal interest.'" Id. (quoting Connick v. Myers , 461 U.S. 138, 147 (1983)).
Defendants contend that plaintiffs allegations of being disciplined after making reports of alleged abuse to OPWDD's ombudsman cannot be retaliation under the First Amendment as a matter of law because as an employee of OPWDD, she was required to report such abuse. Thus, plaintiff's speech was actually part of her "job duties" and consequently it was not entitled to First Amendment protection. See Garcetti , 547 U.S. at 421. See also Weintraub v. Bd. of Educ. of City Sch. Dist. , 593 F.3d 196, 204 (2d Cir. 2010) (citing Davis v. McKinney , 518 F.3d 304, 313 (5th Cir. 2008) (holding that when public employee raises complaints or concerns up chain of command at his workplace about his job duties, that speech is undertaken in course of performing his job)). Plaintiff does assert in her complaint that she received "formal counseling" after making three reports of suspected abuse to the OPWDD ombudsman. While she clearly was required to make these reports pursuant to the terms of her employment, see 14 N.Y.C.R.R. § 624.5(b)(1)(ii), ("[A]ny allegation of abuse shall be reported immediately (but no later than 24 hours) upon observation or discovery to the chief executive officer (or designee"), she was not required to make statements to reporters from the New York Times. And yet in paragraph 4 of her complaint she avers that retaliation has "escalated" since she was quoted in a New York Times article. Defendants cannot seriously argue that she was required to make comments to reporters from the New York Times as part of her job with OPWDD. To the extent that plaintiff's First Amendment retaliation claims are based on statements she made to reporters at the New York Times, the Court finds that they are potentially protected speech claims under the First Amendment.
Defendants, however, contend that plaintiff has failed to plead her First Amendment retaliation claim for lack of a material adverse employment action. Plaintiff contends that the "Formal Counseling" she received after speaking to the ombudsman was a material adverse action. Defendants cite Tepperwien v. Entergy Nuclear Operations, Inc. , 663 F.3d 556, 570 (2d Cir. 2011) in support of their contention that counseling is not a material adverse action as a "matter of law." There, the Second Circuit held that "even assuming the counseling rose to the level of some form of criticism, ... in the context of... issuance of a counseling memo, '... criticism of an employee (which is part of training and necessary to allow employees to develop, improve and avoid discipline) is not an adverse employment action". Id. In addition to complaining about the "Formal Counseling" memo, plaintiff also contends that defendant Turck monitors her job duties too closely by "asking other employees about her whereabouts" and "request[ing] that [plaintiff] report to her at the office at the end of a day's work." "District courts within the Second Circuit have often found... that reprimands, threats of disciplinary action, and excessive scrutiny do not constitute adverse employment actions in the absence of other negative results such as a decrease in pay or being placed on probation.'" Lyman v. N.Y.S. OASAS , 928 F.Supp.2d 509, 520 (N.D.N.Y. 2013) (citing Abraham v. Potter , 494 F.Supp.2d 141, 147-48 (D. Conn. 2007) (quoting Honey v. Cnty. of Rockland , 200 F.Supp.2d 311, 320 (S.D.N.Y. 2002)).
But "[i]n the context of a First Amendment retaliation claim, [the Second Circuit] ha[s] held that the term "adverse employment action" may have "a different meaning in free speech retaliation cases than in Title VII and other discrimination cases." Zelnick v. Fashion Institute of Technology , 464 F.3d 217, 225 (2d Cir. 2006). "Retaliatory conduct that would deter a similarly situated individual of ordinary firmness from exercising his or her constitutional rights constitutes an adverse action." Id. (quoting Washington v. County of Rockland , 373 F.3d 310, 320 (2d. Cir. 2004) (balance of citations omitted). "In this context, [a]dverse employment actions include discharge, refusal to hire, refusal to promote, demotion, reduction in pay, and reprimand.' Id. (quoting Morris v. Lindau , 196 F.3d 102, 110 (2d Cir. 1999). "This list of retaliatory conduct is certainly not exhaustive, however, and "lesser actions may also be considered adverse employment actions." Id. "Adverse employment actions may include negative evaluation letters, express accusations of lying, assignment of lunchroom duty, reduction of class preparation periods, failure to process teacher's insurance forms, transfer from library to classroom teaching as an alleged demotion, and assignment to classroom on fifth floor which aggravated teacher's physical disabilities." Id. (citing Bernheim v. Litt , 79 F.3d 318, 324-26 (2d Cir.1996)).
Here, plaintiff claims that OPWDD issued three Notices of Discipline ("NOD") to her - one in 2004, one in 2011 and one in 2013. Plaintiff asserts that she "settled" the 2004 NOD with OPWDD and the agency was supposed to have been removed it from her personnel file after two years. Plaintiff discovered upon receipt of the 2011 NOD which referred to the 2004 NOD finding of "guilt" that the 2004 NOD had not been removed from her file. Thus, she asserts that "damaging information had remained in her personnel file for seven years." It is undisputed that plaintiff is still employed at OPWDD, and she has not been demoted. It is also true that according to plaintiff's own allegations, she has "never received an adverse employment review." However, plaintiff also asserts in her complaint that "during this time period" she posted for another position within OPWDD for which she was qualified and was not offered an interview. Indeed, plaintiff avers that she was told "she didn't follow proper procedure." These conclusory allegations are sufficient at the pleading stage to support her claim for an adverse employment action. As such, the Court will deny defendants' motion to dismiss plaintiff's first cause of action for retaliation pursuant to the First Amendment.
D. Equal Protection
Plaintiff's second cause of action asserts that "[b]y reason of [her] whistleblowing activities, [defendants] have singled out Plaintiff for irrational differential treatment." Defendants contend that plaintiff's equal protection claims are barred by the U.S. Supreme Court's decision in Engquist v. Oregon Dep't of Agric. , 553 U.S. 591 (2008). In Engquist , the Supreme Court held that a public employee does not state a claim under the Equal Protection Clause by alleging that he or she was arbitrarily treated differently from other similarly situated employees unless the different treatment was based on the employee's membership in a particular protected class. See id. at 606-07. Plaintiff raises no opposition to defendants' arguments in her opposing papers. Since the Court finds no allegations in the complaint that plaintiff was a member of a specific protected class, the Court will dismiss her Fourteenth Amendment Equal Protection Claim.
E. Constructive Discharge
In plaintiff's fourth cause of action she asserts that she was constructively discharged from her employment position. "Constructive discharge" as a doctrine converts an employee's voluntary resignation into a discharge by the employer. See, e.g., Pena v. Brattleboro Retreat , 702 F.2d 322, 325 (2d Cir. 1983). Plaintiff is still employed by OPWDD; she has not been discharged, actually or constructively. See Tavoloni v. Mount Sinai Medical Center , No. 98-9640, 1999 WL 972656, at *2 (2d Cir. Oct. 1, 1999). This claim must be dismissed.
F. Breach of Contract
Plaintiff's fifth claim is for breach of contract for terms of the "2004 Settlement." She asserts that defendant OPWDD "represented by defendant LaBarge issued a Notice." There are two fatal defects with plaintiff's breach of contract claim. First, as referenced by defendants, the statute of limitations for breach of contract is six years and plaintiff did not commence this action until 2013. According to the facts asserted in her complaint, defendants breached the alleged contract by not removing the NOD from plaintiff's personnel file in 2006. Thus her breach of contract claim arose sometime in 2012. Plaintiff could argue that equitable tolling or estoppel should bar defendants from raising a statute of limitations defense in this case. See Soroof Trading Development Co., Ltd. v. GE Fuel Cell , 842 F.Supp.2d 502, 517 (S.D.N.Y. 2012) ("[U]nder the equitable tolling doctrine, a statute of limitations does not run against a plaintiff who was justifiably ignorant of his cause of action, " and "the doctrine of equitable estoppel may toll a statute of limitations where defendant's misconduct caused him to delay bringing suit.") (quoting Access Northern Sec. Corp. v. Linear Corp. , 97 Civ. 2937, 1998 WL 566815, *5 (S.D.N.Y. Sept. 4, 1998) (citations and some internal punctuation omitted).
However, this claim asserts essentially that "State officials violated state law in carrying out their official responsibilities." Almendral v. New York State Office of Mental Health , 743 F.2d 963, 968 (2d Cir. 1984). As such, it is a pendent state law claim barred by the Eleventh Amendment. See id. Thus, the Court must dismiss plaintiff's breach of contract claim.
G. State Whistleblower Claim Under N.Y. Civil Service Law § 75-b
Plaintiff's sixth cause of action against defendants asserts a claim under § 75-b of the N.Y. Civil Service Law. However, "on its face, section 75-b only provides a cause of action against government entities, not individuals, because it does not include individuals in its definition of public employer." Fry v. McCall , 945 F.Supp. 655, 666 (S.D.N.Y. 1996). Thus, plaintiff cannot maintain an action against the individually named defendants under § 75-b and her claim against defendant OPWDD is barred by the Eleventh Amendment. Consequently, the Court must dismiss her claim for violation of retaliation under § 75-b of the N.Y. Civil Service Law.
H. Defamation
Plaintiff's seventh cause of action asserts that defendant LaBarge "allowed the 2004 NOD, which branded [plaintiff] as a liar, in her personnel file." Under New York law, the statute of limitation for a defamation claim is one year. See N.Y. C. P. L.R. § 215 (3). This time period is measured from the date of the original publication or utterance of the allegedly defamatory statement. See Monsour v. New York State Office for People with Developmental Disabilities ("OPWDD") , No., 1:13-CV-0336, (TJM) 2014 WL 975604 (N.D.N.Y. March 12, 2014) (citing Nussenzweig v. diCorcia , 9 N.Y.3d 184, 188 (2007); Wilson v. Erra , 94 A.D.3d 756, 756 (2nd Dept. 2012) ("A cause of action alleging defamation accrues at the time the alleged statements are originally uttered.")). Oddly enough, Monsour involved a plaintiff employed at OPWDD suing the same defendant - Cathy LaBarge - who plaintiff is suing in the present case. "While each separate act of [defamation] in a series is in and of itself a distinct and complete wrong and constitutes a different cause of action, '" id. (quoting Knoll v. Merrill Corp. , No. 02 Civ 566 (CSH), 2003 WL 22682271, at *4 (S.D.N.Y. Nov. 13, 2003)), "plaintiff has not alleged that LaBarge published separate and distinct defamatory statements, but only that the originally published e-mail remained in his personnel file. This fails to establish separate acts of publication." Id. Likewise, in the present case, plaintiff merely asserts that the 2004 NOD remained in her personnel file from 2004 to 2011. Thus, her defamation claim accrued at the time the alleged defamatory statements were made in 2004 and her claim must be dismissed.
I. Federal False Claims Act
Plaintiff's eighth claim against defendants LaBarge and Turck is premised on retaliation under the so-called "whistleblower" provisions of the federal False Claims Act, 31 U.S.C. § 3730 (h). However, an individual may not be sued under § 3730 (h) either in an individual or official capacity; liability may only be imposed on employers. See Monsour , 2014 WL 975604, at *10 (citing Fisch v. New Heights Academy Charter Sch. , No. 12-cv-2033, 2012 WL 4049959, at *4 (S.D.N.Y. Sep.13, 2012); (" Section 3730(h) imposes liability only on employers."); Aryai v. Forfeiture Support Assocs., LLC , No. 1:10-cv-08952, 2012 U.S. Dist. LEXIS 125227, at *12-13 (S.D.N.Y. Aug. 27, 2012) ("section 3730 (h) does not apply to individuals")).; U.S. ex rel. Sarafoglou v. Weill Med. Coll. of Cornell Univ. , 451 F.Supp.2d 613, 624-25 (S.D.N.Y. 2006) (holding that "only employers can incur liability under § 3730 (h)")).
Thus, plaintiff's claim pursuant to the federal False Claims Act must be dismissed.
J. New York False Claims Act
Plaintiff's ninth cause of action raises similar claims against LaBarge and Turck under the New York False Claims Act, N.Y. State Fin. Law § 191. Section 191 "is essentially identical in language and substance to its federal counterpart, " Monsour , 2014 WL 975604, at *10 n. 9 (citing Forkell v. Lott Assisted Living Corp. , No. 10-cv-5765, 2012 WL 1901199, at *14 (S.D.N.Y. May 21, 2012), and "courts interpret [the former] by closely tracking judicial interpretation of [the latter]. (balance of citations omitted)). Section 191 (1) of the New York False Claims Act includes the word employer and, as such, unambiguously precludes liability attaching to individual defendants. Id.
Consequently, plaintiffs claims against defendants LaBarge and Turck under the New York False Claims Act must be dismissed.
Based on the forgoing, it is hereby
ORDERED that defendants motion to dismiss the complaint (Dkt. #12) is GRANTED in part and DENIED in part; and it is further
ORDERED that all claims against defendant OPWDD are dismissed with prejudice; and it is further
ORDERED that all claims against defendants LaBarge and Turck in their official capacities are dismissed with prejudice; and it is further
ORDERED that all claims against defendants LaBarge and Turck in their individual capacities are dismissed with prejudice except plaintiff's first cause of action for violation of her First Amendment rights in retaliation for speaking to the New York Times.
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Hotel Sunny Classic, Mahabaleshwar
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H&R Block, tax preparation service, listed under "Tax Preparation Services" category, is located at 1600 S California Ave Parker AZ, 85344 and can be reached by 9286696600 phone number. H&R Block has currently 0 reviews.This business profile is not yet claimed, and if you are the owner, claim your business profile for free. If you are not the owner you can invite this business to join by email or by phone.Browse all Tax Preparation Services in Parker AZ. Discover census data for Parker, AZ.
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Genres: Horror
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We are proud to say we have been serving the same great food for over a decade. Dinner at Kitchenette is like going to dinner at Grandma's house and same loving touch Grandma would put in her cooking is what we do at here. Some of the highlights are Turkey Meatloaf and mashed potatoes and macaroni and cheese, which is rich and creamy with a 4 cheese tangy taste. Our soups and chili all are made using fresh seasonal ingredients. We change our menu to include items appropriate for the time of year.
Serving Monday - Sunday 5:00pm – 10:00 pm
Griddled Cornbread 5.00
Veggie Eggplant Meatballs with our homemade tomato sauce 9.00
Sweet Potato Pancakes with our apple sauce and sour cream 8.00
Panko Crusted Crab Cake with tartar sauce 9.00
Poutine – originally a Canadian dish, poutine is now very popular in the US. Try our version: garlic fries topped with gravy, melted cheddar and bacon crumbles. 8.00
Chipotle BBQ Chicken Wings with ranch dressing
½ dozen 8.00 dozen 14.00
Chili and Cheddar Quesadilla with salsa and sour cream 9.50
Chicken Noodle Soup or Daily Soup 6.50 or Homemade Chili with toppings 8.50
Field Green Salad with grape tomatoes and choice of dressing 6.00
Kale and Brussel Sprout Caesar with
our own Caesar dressing and parmesan bread crumbs 8.50
Kitchenette Specialty Turkey Meatloaf served with
mashed potatoes and gravy 18.00
BBQ Roast Chicken ¼ chicken with griddled cornbread and coleslaw 14.00
Grilled Hanger Steak served with mashed potatoes and sautéed kale 23.50
Lemon Parmesan Chicken Breast with rigatoni and our tomato sauce 19.00
Stuffed Acorn Squash – wild rice, dried cranberries, walnuts, grated, carrots, celery and onion served with sautéed kale (V GF) 14.00
KMC Kitchenette's macaroni and cheese with
smoked mozzarella, cheddar, Swiss & parmesan cheeses 15.00
Crispy Buttermilk Fried Chicken 3 pieces served with
KMC macaroni and cheese 18.00
Citrus-Soy Glazed Salmon with sautéed broccoli (GF) 21.00
Roast Turkey Dinner - cornbread stuffing, mashed potatoes,
gravy and homemade cranberry relish 20.50
Veggie Eggplant Balls with our homemade tomato sauce over rigatoni 16.00
Rigatoni with homemade tomato sauce and parmesan cheese 9.50
Chili Dinner topped with sour cream, cheddar, red onion and served
with cornbread & field salad 16.50
Breakfast for Dinner
Chicken and Waffles- 2 pieces fried chicken atop a waffle with your choice of gravy or brown sugar-vanilla syrup 18.50
Farmhouse two eggs, garlic fries or field green salad and a biscuit 11.00
add bacon or turkey sausage 14.50
Kitchenette two eggs, bacon and cheese on a biscuit served with garlic fries or field green salad 13.00
Herb and Goat Cheese Omelet garlic fries or field green salad and a biscuit 14.00
Lumber Jack eggs, two plain or blueberry pancakes, bacon or turkey sausage 17.00
Plain or Blueberry Pancakes made with our own four-grain batter 13.00
Pancakes served with our house made brown sugar-vanilla syrup. Pure maple syrup 2.00
BLT Sandwiches
BLT with tomato mayonnaise on challah toast 13.50
Roast Turkey BLT with tomato mayonnaise 16.50
Grilled Chicken BLT with avocado and ranch dressing 16.50
Panko Crusted Crab Cake BLT – put one of our crab cakes on our classic BLT and add tartar sauce 17.50
Mac & Cheese BLT a complete indulgence
a classic BLT sandwich with KMC and American cheese 16.50
Hot Sandwiches
Cornmeal Crusted Cod Sandwich with chipotle mayo, lettuce and tomato on a toasted bun 16.00
Panini with mushroom, spinach, and brie 13.50
Steak Press with blue cheese and caramelized onions 16.00
Vegan Veggie Club roasted veggies with avocado
and red pepper pesto on whole wheat toast 15.00
Tuna Melt with cheddar and tomato served open faced on toasted whole wheat 15.00
Grilled Cheese American, Swiss or Cheddar 12.00
Fancy Grilled Cheese with sliced apple and cheddar served on homemade fruit and nut bread 13.00
add Tomato 1.00 add bacon 2.50 add avocado 1.50
Grilled Burger 14.00
Grilled Turkey Burger 14.00
American Burger with American cheese, pickles and
Russian dressing 16.00
Blue Ring Burger with caramelized onions and
blue cheese 16.50
Grand Slam Burger with sautéed mushroom, caramelized onions and cheddar 16.50
Bacon Cheddar BBQ Burger
with homemade BBQ sauce 16.50
Californian Burger with cheddar, avocado, and salsa 16.50
Breakfast Burger – top our burger with a sunny side up or over easy egg and your choice of cheese 16.50
Burger Bowl don't want a bun? Try this. A burger on top of field greens with roast tomatoes, butternut squash and
sliced red onion, served with your choice of dressing
(does not come with a side) (GF) 17.00
Vegan Chick Pea Burger
with carrots, spinach, roast garlic topped with sesame tahini 15.00
Burgers & Hot Sandwiches are served with a homemade pickle and choice of
oven roasted garlic fries, coleslaw, field green salad
Substitute mashed potatoes or KMC 2.00 Gluten free toast available for an additional 2.00
add cheese 1.00 add bacon 2.50 add avocado 1.50
Shakes 7.25
Vanilla Chocolate Black & White Strawberry
Cookie Jar – chocolate chip cookies and chocolate sauce blended in vanilla ice cream 8.50
Entree Salads
Cobb Salad spicy chicken, blue cheese, tomato, celery, bacon crumbles and avocado with ranch dressing 16.50
Winter Salad spinach, butternut squash, dried cranberries, toasted pumpkin seeds, and
goat cheese and honey Dijon vinaigrette 16.50
Vegan Salad roasted veggies, lentils, grated carrots, sunflower seeds and
mustard vinaigrette over field greens 16.00
Kale and Brussel Sprout Caesar with parmesan bread crumbs tossed with our own Caesar dressing 16.00
Grilled Steak Salad with Roast Garlic-Blue Cheese dressing charred red onion, red potatoes and grape tomatoes
over field greens 18.00
To any salad add:
grilled chicken, spicy chicken, roasted turkey or tuna salad 4.50
roasted vegetables 3.00 grilled steak 6.00
We house-brine our own pickles. We bake all of our desserts and many of our breads in house.
Gluten free bread available as a substitute for $2.00
Dinner Sides
Oven Roasted Garlic Fries 5.00
KMC - macaroni & cheese 6.00
Mashed Potatoes with gravy 6.00
Sauteed Broccoli 5.00
Sauteed Kale 5.00
Roast Butternut Squash 5.00
The Perfect Coleslaw 4.50
Buttermilk Biscuit 4.00
Griddled Cornbread 5.00
Kitchenette Uptown 212-531-7600
email: firstname.lastname@example.com
© Kitchenette 2008 -


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Minto Yorkville Park
4 Pins5 Followers
Feel the comfort in your lifestyle by living your life in Minto Yorkville Park condos with your loved ones. They are beautiful and elegant, design by the professionals for your peaceful stay. For further information feel free to get in touch with us. #MintoYorkvillePark


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Never heard of Invisible Illness Awareness Week? You're not alone. Jody Smith sheds a little light to make it more visible
Discuss the article on the Forums.
Videos of UK 2008 conference for doctors on CFS - organised by CBT School of Thought
Discussion in 'Action Alerts and Advocacy' started by Dolphin, Jan 28, 2010.


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- Worldwide Rank #8,193,376
- Follower/Following Ratio 0.87
- Daily New Followers 0
Cara caramelo Twitter Stats
@002caramelo - Tracking Cara caramelo Twitter profile since October 25, 2013
Cara caramelo Tweets
@002caramelo has posted 1,236 tweets in the last 12 days, which translates to an average of 103.0 tweets per day.
Cara caramelo Twitter Followers
@002caramelo has 810 followers on Twitter.
This account is #8,193,376 in the worldwide rank of the most popular Twitter users.
Cara caramelo Following on Twitter
@002caramelo is following 927 Twitter accounts.
Last month this account followed 917 users.
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Click here to print the obituary below
Albert Patrick McMahan(1916 - 2013)
Albert Patrick McMahan, age 97, passed away peacefully June 25, 2013. A longtime Mercer Island, Wash. resident, Al was a loving husband, father, uncle, grandfather and a true Irish gentleman. Al was born on June 14, 1916 in Iowa City, Iowa. While his parents were Boston-area natives and he was proud of this history, his own roots were with the Hawkeyes. The youngest of five children, he was a 1937 graduate of the
University of Iowa
with a degree in Business Administration. In 1942 he enlisted in the
U.S. Navy
and served four years throughout the Pacific. After WWII he married Rosemae Schulz in San Francisco. He began a 35-year career with Brown Brothers Adjusters, an independent insurance adjusting firm. He worked in the Bay Area and in San Luis Obispo. In 1957, he opened the Seattle office for Brown Brothers in the downtown White-Henry-Stuart Building. Al served as President of the Seattle Casualty Adjusters Association, Blue Goose International, and was a well-known and respected member of his profession. Among his many civic and fraternal affiliations, Al belonged to the Friendly Sons of St. Patrick, attending their annual gathering for 50 years. He was a member of the Knights of Columbus and a 50-plus year member of the Washington Athletic Club. While not relinquishing his Hawkeye loyalty, he was also an avid Husky football fan, and a season ticket holder for over four decades. Always ready with a story or a joke, Al's kind and thoughtful nature was spiced with a great smile, hearty chuckle and true love for people. After Rosemae passed away, he met and married Jane Lynch Herman. For over 18 years, their primary residence was on Mercer Island. Al and Jane traveled extensively and enjoyed their winters at Blue Skies Village in Rancho Mirage, Calif. Al loved sunshine, gardening, golf, cribbage and St. Patrick's Day parties. Al is survived by his wife, Jane Lynch Herman McMahan; two children, Jim McMahan of Seattle, and Pamela McMahan (Jacob Schlumpf) of Vashon Island, along with five grandchildren: Erin Schlumpf, Brightin Schlumpf, Danielle Harmon, Chase Harmon and Erica Ruland. Al is held in high honor by his extended clan of McMahan nieces, nephews and cousins and by Jane's five children: Robin Allenby (Norm), Tim Herman (Joyce), Peggy Herman, Mary Evans (Jeff), Mike Herman (Marianne) and Jane's eight grandchildren. Al was preceded in death by his wife of 40 years, Rosemae; a son, Steven McMahan; and a daughter, Melinda (Robert Harmon). Funeral Mass was celebrated Monday, July 1 at 10 AM at St. Monica Catholic Church, Mercer Island. Donations may be made in Al's name to: St. Monica Friends of the Needy, 4301 88th Ave. S.E., Mercer Island, WA 98040, or to the
To view and sign this guestbook, please visit:
Published in The Desert Sun on July 3, 2013


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• ski to and from your door • free shuttle service to centre of Arc 1800 (8.00am-9.00pm) or 25 minute walk
Edenarc apartments have possibly the best views in Arc 1800. Edenarc looks over the valley of Bourg St Maurice, and across to the inspirational Mont Blanc. The apartments have a high quality Savoyard finish and have a whole range of leisure facilities; perfect for relaxing after a day on the slopes.
• indoor pool • whirlpool • hammam • sauna • fitness room
All have kitchenette with ceramic hob, multifunction oven, fridge, freezer and dishwasher. Bed linen, towels, free WiFi, a mid-week clean & end of stay clean ( both exclude kitchen and bathrooms) and local taxes included.
Type C apartments - sleep 2-4: living area with double sofa bed. Twin or double bedroom. Bathroom with separate WC.
Type E apartments - sleep 2-6: living area with double sofa bed. Double bedroom with en suite. Twin bedroom. Bathroom, shower room and 2 separate WCs.
Type E2 apartments - sleep 2-6: same as Type E but bigger are available at a supplement.
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•Paradiski Ski Area •Famille Plus Montagne label •High Altitude Skiing
Home to the fastest downhill run in history, part of the magnificent Paradiski and the self-professed "home of snowboarding", Les Arcs has well earned its reputation as one of the top ski destinations in France. With varied accommodation, lively après ski and abundant activities, this is a truly must-visit resort.
Great for •Snowboarding •Off-piste •Families •Groups
Snow Report: Top 0cm, Bottom 0cm
Snow Forecast: 12cm expected this week
Snow History: December average depth 74.33cm
Approx. airport transfer times depend on conditions:
|Chambéry (CMF)
|France, Alps.
|First opened:
Les Arcs lift pass price last reported as 222,50€ (Adult 6 day). Ask for a quote when booking Eden Arc 1800 Apartments.
Night skiing: yes
Les Arcs has N, S, E, W facing slopes.
Usually open for skiing December - April.
|Town altitude:
|Top of slopes:
|Bottom of piste:
|Vertical drop:
|Total length of trails:
|Longest piste:
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Home / for the home / major appliances / washers & dryers / washing machines / front load washers /
Front Load Washers
Whirlpool 4.2-Cu.Ft. Front Load Washer w/ Closet Depth Fit, White (WFW7590FW)
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Give clothes the fabric care they deserve with this compact front load washer. Precision Dispense releases detergent at just the right time for optimal cleaning, while the Cold Wash cycle gently lifts stains while protecting clothes from heat damage. A Smooth Wave stainless steel wash basket helps prevent fabrics from fraying and snagging in this 4.2 cu. ft. ENERGY STAR certified compact washer. Plus, a shallower depth also provides a space-saving design, allowing this compact front load washer to be installed just about anywhere.
- Closet-Depth Fit
- Precision Dispense
- Adaptive Wash Technology
- Smooth Wave Stainless Steel Wash Basket
- 4.2 Cu. Ft. Capacity
- ENERGY STAR Qualified
- Dimensions: W27" x D31 1/2" x H39 3/4"


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Time magazine launches 'panda cam' to bring cuteness to government shutdown
Time magazine notes the live panda cam at The National Zoo in Washington has been turned off because of the federal government shutdown.
Apparently, cute video feeds of pandas are considered a nonessential government service.
So the folks at Time decided to launch a live panda cam of their own. It's a bit different from what you'd see at the zoo, but their hearts are in the right place.
Thank you, Time magazine, for helping your country in this time of need.
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Is this restaurant good for brunch?
Does this restaurant specialize in Southwestern style food?
Does this restaurant have a full bar?
Does this restaurant have a TV?
Is this restaurant good for dinner?
Are the prices at this restaurant low or inexpensive?
Is this restaurant good for large groups?
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Thanks for helping!
The service was good. The food was pretty good. The chips were hot and fresh. Typical Mexican food. Wide variety. If your in the mood for Mexican then this is the place to go.
If you like Mexican food, check it out. The service is good, the food's good, and the servings are big. we always end up taking food home.
Very tasty Mexican cuisine, the only quibble is the salsa they bring with the chips is very mild. They do have hot sauce on request.
Stopped in here for dinner recently. I didn't know what to expect but I came away very satisfied. Staff was awesome, food came quickly, and it was outstanding. It had a lot of flavor that seems to be missing from a lot of places today. It was priced right, too. The parking lot was full so that's usually a pretty...
I got a recommendation from a local for this place and the food and price were very good. Great Mexican flavor with good pricing. Portions were not grande but the price reflected the size. Ordered a combination plate with Tamales, Enchilada, and a Chile Releno. The chile was very good but the other two were small in size. I thought...
We thought we would try while on our anniversary trip since it was rated number 1. The food was good but the staff was flat and borderline rude. The atmosphere was bar like. The decor was poorly done and poorly kept. The table next to us had a nice waiter so maybe it was just ours.
So, these folks bought an old A&W building with parking in front. It was the hard luck cafe with several owners before them! They have now been there for years! Food is great; service is great. Owners are Latino. Don't know if it is authentic ethnic, but we sure do love it! We've been here dozens of times and only...
Quaint. Nothing fancy. Real Mexican food cooked from scratch by Mexicans. Great food at excellent prices. Treated like you were part of the family.
I've had better food but for wisconsin and in the middle of nowhere this place was a great find. The service was extremely friendly and so fast I didn't think it was our food. Seriously fast. They seem to be very efficient here and keep the place clean and the customers happy.
Tripadvisor reviews were correct. Great food and prompt service. The prices were strartingly low. Both food items we got were fantastic. Margaritas were too! Highly recommended.
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Your Double Sided Scarf has been added to your bag!
Maison Scotch's Double Sided Scarf is detailed with contrasting patterns for a bold mix of retro and modern. One side features a classic camel, red, ivory and black plaid with the opposite side featuring the classic white and black houndstooth with a bit of fringe on the ends.
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Sixty Killed, 132 Wounded in Ongoing Iraq Carnage
Violence continued across central and northern Iraq today. At least 60 were killed and 132 more were wounded. Also, Canada's foreign affairs minister, John Baird, announced that a Canadian was among the dead in recent attacks.
In Abu Ghraib, a car bomb near a Sunni mosque killed 11 people and wounded 21 more. In a separate clash, four Sahwa members were killed and two more were wounded; three gunmen were also killed and one more was wounded.
A blast killed six people and wounded 18 others in Baghdad's Doura district.
Five people were killed and 46 more were wounded in a double bombing in Tuz Khormato.
Six people were killed in a shrapnel-filled blast at a livestock market in Kirkuk. Some of the animals were killed. At least 26 people were wounded.
In Mosul, gunmen killed two policemen and wounded two more. Another policeman was gunned down. A soldier was killed and a bystander was wounded in a clash. Gunmen killed a civilian and wounded his brother.
In Tarmiya, a suicide bomber killed three soldiers and wounded seven more. A second bomber was killed during ensuing clashes.
Three people were killed and two more were wounded in Baquba when a bomb exploded. Gunmen wounded a civilian.
Two roadside bombs in Kanaan killed three people.
A Sunni couple was killed in Khalis when gunmen stormed their home.
Two policemen were wounded in Jalawla during an altercation that also left the gunman dead.
Five more people were killed across Diyala.
Gunmen wounded two policemen at a checkpoint in Garma.
A bomb in Ramadi killed one of the organizers of protests in Anbar.
Read more by Margaret Griffis
- 192 Killed in Iraq; Explosion at ISIS Storage Facility Kills Dozens – December 1st, 2016
- 5,719 Killed in Iraq during November – November 30th, 2016
- Army Opens New Front near Hawija; 138 Killed in Iraq – November 29th, 2016
- ISIS Attacks Police in Samarra; 49 Killed in Iraq – November 28th, 2016
- Civilians Suffering at Displacement Camps; 122 Killed in Iraq – November 27th, 2016
Pingback: Sixty Killed, 132 Wounded in Ongoing Iraq Carnage()
Pingback: US & NATO Creating Chaos In Iraq: The Purging Of The Saudi Arabian Dominate Sunnis From Iraq ~ Bombs Kill 290 People In Iraq Since May 14th, 2013! | Political Vel Craft()
Pingback: China Biggest Financial Winner Of The Iraq war: 485 Iraqis Killed Since May 14th. 2013 – June 14, 2013. | Political Vel Craft()
Pingback: Iraq Killings Go On During Ramadan: Obama Carnage Against Dominate Sunnis ~ 96 Killed, 191 Wounded | Political Vel Craft()


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Native widescreen format with 480p resolution. Includes DVD player and audio system. Short throw.
DLP rainbow effect. Does relatively better with standard video than with DVDs. Mediocre audio quality.
Despite a built-in DVD player, the Toshiba TDP-ET20U is optimized for standard videoand does a relatively better job with it than with DVDs.
When Toshiba announced the TDP-ET20U Multimedia DVD Projector ($1,399 direct), it said the unit was aimed at both business and home-theater use. But my impression from looking at its features was that the emphasis was much more on home theater. That impression has only been reinforced by running the TDP-ET20U through its paces. Even Toshiba admits that the business-presentation capability is more of a convenience feature than a core function.
The TDP-ET20U is first and foremost an instant theater projector, designed so you can set it up quickly in any convenient room, load a DVD, and watch movies. The only thing missing is a screen, such as the one that comes with the Epson MovieMate 33, another instant theater projector. But it's not hard to buy a screen separately, so that's not really an issue.
The projector is built around a DLP engine with a native 480p (854-by-480) resolution (though it will accept inputs all the way up to 1080i, and just scale them down to 480p) and 16:9 aspect ratiowhich is the first clue that it's really meant for home entertainment. It also includes its own DVD player, audio system, and speakers (the second clue), all packaged in a sleek black plastic case that will complement the decor in any family room or home entertainment room (the clincher).
A particularly nice touch is the extremely short throw (meaning that it can project a relatively large image from a short distance). Toshiba says the projector can throw a 100-inch-diagonal image from only 3.9 feet. In my tests it filled an 80-inch screen from 3.25 feet.
Toshiba rates the TDP-ET20U at only 1,100 lumens, and I measured it at 736 lumens. This would be low for a business projector, but is more than adequate for home entertainment purposes because normally you'll watch movies in a room with relatively little ambient light. In tests the contrast ratio was 169:1, the lowest I've measured in a DLP projector, but it's still adequate for rendering reasonably good detail in dark areas on the screen.
Thanks to a built-in Silicon Optix Realta HQV processor, the TDP-ET20U did an impressive job on the HQV Benchmark test, which measures how well the projector will do with standard-definition TV signals (480i), the most common video source available. It scored 116 out of a possible 130 points. More important, it did just as well as that score would suggest with a standard-definition TiVo connected to the projector's composite-video and S-Video inputs.
I saw occasional flashes of the rainbow effect that DLP projectors are known for, with white areas breaking up into red-green-blue rainbows. But even with the rainbow effect occasionally rearing its head, the TDP-ET20U is a good choice for special occasions such as watching your favorite team play an important game.
Unfortunately, it's less impressive for watching movies on DVD at 480p. I saw the same occasional flashes of the rainbow effect as with standard-definition images, but, far more important, skin tones showed some minor posterization, a problem I didn't see with standard-definition signals. The issue isn't extreme enough to make the TDP-ET20U unusable for movies on DVD, but the projector is clearly optimized for standard-definition video rather than 480p. This isn't to say that standard-definition 480i video looks better than 480p video overall on the TDP-ET20U; the difference is that 480i video looks very nearly as good as it can look, whereas 480p is nowhere near the best it can be.
The built-in audio is also less than ideal. The volume is loud enough to fill a small room, but the quality is a bit muddy, with a touch of the hollow tonality often compared to sounds emanating from the bottom of a barrel. If you want to connect to an external audio system for better quality, you'll find a coaxial connector on the front for digital audio output. But there's no analog audio output, although there is a miniplug for analog audio input as well as a coaxial connector for digital audio input. Other connectors include a set of RCA phono plugs for RGB component video and an HDMI 1.2a port for both computer and TV digital video.
Interestingly, the TDP-ET20U's strengths and weaknesses make it effectively the mirror image of the Epson MovieMate 33, which handles movies on DVD very well, but does a pretty awful job with standard video. If you're interested primarily in watching movies on DVD, you're best advised to look elsewhere, starting with the MovieMate 33. But if you're more interested in watching programming such as sports events using standard-definition signals, with an occasional movie on DVD thrown in, the TDP-ET20U may be the instant theater that suits you bestat least until one comes along that does everything well.
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M. David Stone is an award-winning freelance writer and computer industry consultant. Although a confirmed generalist, with writing credits on subjects as varied as ape language experiments, politics, quantum physics, and an overview of a top company in the gaming industry. David is also an expert in imaging technologies (including printers, monitors, large-screen displays, projectors, scanners, and digital cameras), storage (both magnetic and optical), and word processing. He is a recognized expert on printers, well known within the industry, and has been a judge for...
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Relevant offers
Haimona Maruera remembers his first day at primary school vividly.
He wasn't able to understand what the teacher was saying and had to muddle through lessons by following his other classmates.
The reason he felt like that was because at that point in is life, he had only ever spoken Maori and did not understand English.
Exposed to te reo from birth, he grew up with his grandparents in Patea and spent a lot of time at Pariroa Marae in Kakaramea.
However, he said he never felt like he had been disadvantaged by this in anyway.
''I think I was really lucky when I look back,'' he said.
Although never formally taught English, Maruera heard it and used it during the school day but continued to speak te reo at home and on the weekends.
Knowledge of both languages is something that has opened a lot of doors for Maruera, including in his current role as regional manager at Te Wananga o Aotearoa.
His ability to converse bilingually allows him to relate to a number of different stakeholders in the work he does promoting the institution's different programmes to professionals and students.
While based in Palmerston North, Maruera also carries out a number of roles on behalf of his iwi, Ngati Ruanui. These provide him with the chance to use his reo on marae or during other functions.
Confidence from kaumatua in his language abilities has been paramount to the success he had achieved within his iwi at such a relatively young age.
''If you're not competent or confident enough to give it back, you are always going to be on the back foot,'' the 37-year-old said.
Maruera said various iwi programmes had been organised post its 2003 treaty settlement, to build on the use and understanding of te reo for members.
''We have identified areas we want to work on,'' he said.
Maruera said a karanga wananga was held every three months along with a course which focussed on teaching men about their role on the paepae. He said although Maori Language Week helped to raise the general public's awareness of te reo, one of the challenges for iwi was to lure some of their own back.
''How do we get the good teachers and te reo facilitators into the game or back home?'' he said.
He said central government also had a role to play regarding the ongoing promotion of te reo, which has been an official language of New Zealand since 1987.
Television advertising or bilingual signage were two ideas Maruera said could be easily implemented to assist with this, along with people pronouncing simple phrases correctly in their everyday conversation.
''It would be nice to hear in every shop you walk into people saying kia ora,'' he said.
●The Taranaki Daily News would love to her from someone connected with Ngati Tama, who would like to share their passion for te reo. An invitation was extended by the Daily News to Te Runanga o Ngati Tama to be part of this series but it was declined. For more information contact firstname.lastname@example.com.
In my own words - what Maori language means to me By Amokura Panoho
All too often you will hear an apology from my generation that we were the generation whose parents were strapped at school for speaking Māori and therefore we were not brought up with our language. It's a sad indictment on our colonial history but something many of my generation took proactive steps to change with our own children.
Today my five children are all fluent in both Māori and English and my mokopuna now have Māori as their first language.
The biggest challenge through those early years was living with the constant devaluing of our children's education, the questioning of how having the language would improve their quality of life, to help them get jobs in the 'real' world.
Thirty odd years later, despite all the challenges that to a degree still exist for Te Kohanga Reo, Kura Kaupapa and Wharekura, we have from that sacrifice and hard work embedded the value of our language into our whānau. By the time my mokopuna are adults and having children of their own we will have three generations of reo speakers in our one whānau.
It is more than just about speaking our language however. Our language now has an economic and labour market value. In 1986 while working with the Public Service Association, I represented court reporters and translators who were seeking an allowance as recognition of their language skills when doing their job. It didn't officially happen until the 1987 Māori Language Act officially recognised the right to speak Māori in legal proceedings.
Today working in marketing and communications, companies with reo proficiency who integrate elements of cultural and language into brands for Māori and non-Māori businesses, are in high demand.
Making the language a living language is what matters now and something I will continue to strive for.
●Based in Waitara, Panoho runs a consultancy business which specialises in Maori business development.
- Taranaki Daily News
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South Taranki iwi receives Crown apology
Taranaki paracyclist chops wood to raise funds
Petitioner says DHB has 'ripped' out service
Five-year-old doesn't let health problems stop him being a top BMX rider
Eating machine chews through 2.5kg burger in 7 minutes, Trumps competition
Round one of the New Zealand jetsprint champs in New Plymouth
Brownlie stars but Knights and Stags share the points
New Plymouth goth is spokesmodel for US online magazine
An International Mountain Day has Taranaki appreciating its maunga
New Plymouth retail block surfs regional wave of interest
Auckland crowned interprovincial champions
Shiny stainless steel sculpture gets the seal of approval
Ajeet Rai, Lauren Alter win NZ Junior tennis champs
What's your expectation of former tropical cyclone Pam?Related story: Cyclone Pam hits New Zealand
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