text:
Set within a well cared garden, air-conditioned interiors, sleeps up to 8
Villa Giannis is a lovely 3 bedroom villa with a private pool, set within an olive grove just above the pretty coastal village of Kalyves. Your own private swimming pool enjoys a beautiful sunny vista while the secluded roof terrace overlooks the pool with surrounding countryside. There are fantastic tavernas nearby offering traditional local dishes and wines.
Ground Floor: Lounge, kitchen, twin bedroom, and bathroom.
1st Floor: 2 double bedrooms (opening onto roof terrace) and family bathroom.
Living Room:
The large air conditioned lounge has 2 sofas, which open into extra beds if required. Doors from the lounge open onto the front terrance, where you can overlook the private pool and gardens from the stylish patio furniture.
The villa has a large fully fitted modern kitchen with plenty of worktop space and a dining area. The kitchen opens onto a shaded side terrace.
Villa Giannis has 3 air conditioned bedrooms: 2 doubles and 1 twin. If required, 2 extra people can sleep in the air conditioned lounge on sofa beds.
Upstairs there are 2 air conditioned bedrooms (2 doubles). The twin bedroom is located downstairs.
The villa has 2 family bathrooms. Maid service linen and towels are included.
Private Pool:
The pool is set within well tended, lush gardens. It is completely private and secluded with no nearby neighbours overlooking. The roof terrace overlooks the pool and has wonderful panoramic views.
Pool Dimensions:
Size: 7m x 3.5m
Depths: Shallow: 1.20m; Deep End: 1.50m
Pool Access: via Ladder
About the Manager
0 Reviews
Activity and Interests
Kalyves is a pretty coastal village with a wide selection of shops, tavernas and bars including a cooper's workshop. The highlight though, is the beautiful sandy beachfront and harbour. The beach has been awarded a 'Blue' flag denoting its clean state and safe water. Kalyves has a friendly atmosphere and is perfect for children.
Rental rates
Additional pricing information
|No additional mandatory fees
• You can request to 'Place A Hold' for 48 hours while you decide.
• Payments by Credit Card (Visa/Mastercard) or Bank Transfer.
• 20% Deposit required to secure booking.
• Rental Rates include all local taxes, utility bills and final cleaning.
• Maid Service, Laundry and Towels included within rental rates.
• No breakage security deposit required. Instead, 7 Euro charge per person for a BDW (Breakage Damage Waiver) to cover any accidental breakages is charged.
• Please Note - No smoking inside the property.
• Rental durations less than 7 days considered if it fills a gap.
This villa has been inspected by the EOT Greek licensing association.
The number is MHTE:1042K123K0353600 PR:7331/2010 -14/12/2010
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
Property Type
- villa
- Away From It All
- Family
- Air Conditioning
- Internet
- Iron & Board
- Linens Provided
- Living Room
- Parking
- Towels Provided
- Washing Machine
- Coffee Maker
- Dishes & Utensils
- Kitchen
- Microwave
- Oven
- Refrigerator
- Hob
- Toaster
- Child's Highchair
- Dining Area
- DVD Player
- Television
Pool / Spa
- Private Pool
- children welcome
- non smoking only
Location Type
- near the sea
- bay
- restaurants
Leisure Activities
- eco tourism
- scenic drives
- walking
Local Services & Businesses
- ATM/bank
- groceries
- medical services
Sports & Adventure Activities
- cycling
- sailing
- diving
- snorkelling
- bay fishing
- swimming
Floor Area
- 170 m²
- Bathroom 1 - Toilet, Bath with Shower, Shower Enclosure
- Bathroom 2 - Toilet, Shower Enclosure
- 3 Bedrooms, Sleeps 8
- Bedroom 1 - 1 Double Bed
- Bedroom 2 - 1 Double Bed
- Bedroom 3 - 2 Single Bed
- Extra beds - 2 Sofa bed/Futon
- Balcony
- Terrace
- Garden
- Barbecue
- Veranda
- Self-catering


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FM Preview: Heart of Midlothian v St. Mirren 14 Jan 2012
By Footymad Previewer
Updated Friday, 13th January 2012
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This week FootyMad's match preview focuses on the game between Heart of Midlothian and St. Mirren at 15:00 on 14th January 2012 in the Scottish Premier.
History of the Heart of Midlothian v St. Mirren fixture
Heart of Midlothian prepare to entertain St. Mirren at Tynecastle Stadium on Saturday afternoon, looking to continue an impressive record. The Jambo's are clearly on top, having won 65 and lost only 22 of the 115 games.
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Read an Excerpt
Back To Basics
By Patricia Anne Phillips
Copyright © 2009
Patricia Anne Phillips
All right reserved.
Chapter One After applying red lipstick over her full lips, foundation over her face, and black eyeliner, Autumn Evans stood in front of the mirror to see if she looked like herself, or masqueraded as someone else. She made up her face to look different; it made it easier to become someone else instead of herself. She did not look like the teacher of fifth-grade students. It was like a game she played that was repeated day after day.
She opened the dresser drawer and pulled out a condom, then stared at herself in the mirror trying to make excuses for the reason she was going out again. She felt ill as she thought of her life, and the lie that she had been living. Thinking about it only made it worse, but it still made her realize right from wrong. And what she did was wrong; dangerously wrong, enough to ruin her life forever. The life she lived was spinning out of control as the nights grew dark beyond darkness and the days more gray than the day before.
Autumn pushed the condom inside her purse, strutted to the living room and out the door. She drove off without giving her behavior another thought.
Autumn was a fifth-grade schoolteacher and was loved by all the children. She was a member of the PTA and worked alongside the principal to make a difference for the children in Compton, California. She was nominated twice for teacher of the year, and every child wanted to be in her classroom. Autumn was soft-spoken, she wore small black-framed glasses, and her black hair hung to her shoulders. The thought of losing her career because of her behavior made her ill.
Autumn parked her car in front of a small bar on the corner of Grand Avenue in El Segundo, California. She ambled inside the bar, adjusted her eyes to the darkness, and headed for the bar. Autumn knew it would take only minutes before a gentleman would send her a drink, and as always, a drink was sent to her before she finished the first one she'd ordered. She spotted a tall gentleman and swirled around on the barstool to give him a dazzling smile.
The man was sitting alone in the corner. He got up and asked Autumn to join him, and she accepted. She took full measure of him as he pulled a chair out for her. He was handsome enough; the scent of his cologne was stimulating. He also looked as though he was married-the well-kept type-not that it made any difference to her. She would be with him only one night. Funny how she had learned to tell the married from the single ones, and the single from the gay ones.
"What's your name, honey?" the man asked.
"Mary Kay." Rule one, she never gave her real name, where she lived, or what she did for a living. No one needed to know.
"My name is Jerome." He smiled and noticed her sexy, full lips.
Autumn was sure Jerome wasn't his real name. He was out to get laid just as she was. After a short conversation, and knowing his purpose, she would perform her charade as always. After one drink, she picked up her purse and pretended that it was time for her to leave.
"You're leaving me so soon, Mary Kay? We haven't had time to get to know each other yet."
"Sorry, but I have a full day's work tomorrow. I have to get up at five in the morning." She smiled as she saw the need in his eyes. He wanted her.
"Come on, spend some time with me. I hate going home to a lonely, cold house," he pleaded. "I'll take you to a nice hotel, anything you want. I just don't want to go home now. You see, my mother is gravely ill and I had to get out of the house to clear my head. I can make you sleep like a baby when you get home."
She looked at his face and knew that he was lying, but so was she. Finally, she nodded with approval. "I don't usually do this the first night that I meet a man." Autumn always made the men think her sleeping with them was their idea, and they treated her as though they were the luckiest men alive.
Autumn followed Jerome in her car. He made a left into the parking lot of the Hilton Hotel. They got out of their cars and walked inside. She waited in the lobby while Jerome went to register, which took only ten minutes.
Once they were in the room, he kissed her tenderly. Jerome began to undress her with skilled, fast hands, and Autumn lay on her back, brown thighs slightly parted. She watched him as he finished undressing himself and lay next to her. His body was long, dark, and well built. His face was young; he was maybe even five years younger than she.
"Do you want me? Do you want me?" she insisted. She had to hear it, and she had to know that he wanted her even more than she wanted him. Hearing it was one more reason to have sex with him, because he wanted her, too.
"Baby, I want you, I want you."
She felt him touch her, heard his moans, as she purred like a cat. She wanted him, needed his touch, his kiss, and, finally, she needed the contact that she was seeking; she needed him to enter her. Autumn took all of him, and he satisfied her urgent need for sex, and fed the need that stayed inside her. Then she got on top so she could feel him even deeper, bigger. He sent her where she needed to be. She wanted to be satisfied beyond her dreams. They made love for hours before Autumn decided it was time to leave.
Autumn didn't mind staying out so late. She had made up her mind that she would stop living two lives and get help.
After she had finished dressing, he offered her his business card. "You may need me again, and I want to spend more time with you. Just call me anytime during the day, and I will meet you."
He gave her a wide, alluring smile that warmed her heart. She reached for the card with trembling hands, and pulled her eyes from his face. Maybe if she used it, she would no longer have to go to bars and pick up strange men. But once she stepped out of the room, she crumpled the card and dropped it in a wastepaper basket next to the door. She didn't want to remember him, and she didn't want to see him again.
She had to stop before it was too late.
* * *
"Good afternoon, Autumn. I tried to come and see you earlier, but I had a busy morning," Diane said.
Autumn was eating a salad she'd made for lunch. She was eating at her desk, and a Pepsi sat in front of her. "I've been busy, too, and Kenya had a crying fit because I gave her a C on her book report. She's used to getting As and Bs. I tried to explain it to her that she just made an A on the math test last Monday."
"She's a smart child."
"I know," Autumn said, wiping the corner of her left eye. "Has anyone in Dorsey's family called today? I didn't get much sleep last night after her sister said the cancer had spread through her body."
"Dorsey is the reason I came to see you. She died at five this morning. The staff is really going to miss her."
"What?" Autumn asked. "I can't believe that I just saw her three days ago and now she's gone." Autumn was holding her Pepsi and set it back on her desk. "I just can't believe it."
Unable to speak, Diane only nodded.
Autumn stood up and walked to the window. The children were playing on the bars, and Kenya was laughing. She seemed to have gotten over the C on her book report. Funny how children cry about one thing, and fifteen minutes later they've gone on to something different.
"Did you know that we were the same age?" Diane asked.
Autumn took her seat again. "Yes, I knew."
Diane looked at her watch. "Lunch will be over soon. I just wanted you to know."
"Thanks." Autumn took a deep breath and watched Diane as she walked out the door. She and Dorsey had been so close. As Autumn placed her hands against her face, Dorsey's death hit her in the pit of her stomach.
Autumn stepped inside her apartment, undressed, and went to the shower. Once she finished, she filled a glass with white wine and relaxed on the sofa.
She called Matthew, but he said that he was busy and would call her later if it wasn't too late when he got off duty. She slammed the phone down hard and was sorry before it hit the cradle. Matthew was a doctor, after all, and had lives to save. She had no right to be angry.
Autumn got up and refilled her glass with wine. Maybe if she drank enough, she would stay home and fall asleep. But the urges were taking over her mind and body. The sexual compulsiveness was intoxicating. The need for sexual contact was stronger than ever before, and the wine was causing her to feel light-headed. She should have known better than to drink on an empty stomach. The wine had gone to her head, and the urges were ruling her body and taking control of her mind. There wasn't anything she could do to stop it. Dorsey's death had taken a toll on her. By seven-thirty, Autumn was slipping into a tight pair of jeans and strutting fast out the door.
The quiet gentleman observed Autumn sitting at the bar, with a martini on the counter in front of her and a man that seemed to be annoying her. He was vociferous and had no respect for women.
"If you didn't want to be picked up, then why would you come into a bar, and why accept my drink?" he asked. He was glaring dangerously.
Autumn realized that she had made a mistake by accepting his drink or talking to him in the first place. He was beginning to frighten her, and as she held the glass, she had to force her fingers to stop quivering. She felt relieved to see the tall gentleman approaching.
"The lady was waiting for me. We had planned to meet here."
Autumn looked up at his face, and he winked and smiled down at her.
"Why didn't you say that you were here to meet someone, woman? You need to lay off the alcohol," he said as he pushed his empty glass across the bar and stormed out the door.
"Thanks. I was beginning to think that I was in trouble," Autumn said.
"You were getting there. What are you doing out here alone anyway?"
"Venting. I lost someone that I care about. Since I have to drive home, I better ease up on the drinking, like the man said."
"That's very wise."
She knew that she should go home, but she hadn't gotten what she needed, and she enjoyed looking at the hunk who stood in front of her. She took pleasure in his company, the smell of his cologne, the sound of his deep voice, and the full, sexy lips.
He looked at her finger, but there were no rings. A woman so beautiful had to have a man in her life, even if she wasn't married. Her brown skin was clear, her almond-shaped eyes were brown, and she had a nice figure. So, why was she in a bar, and alone, he wondered.
"So, who are you going home to tonight?" Autumn asked playfully.
The man looked down at her and smiled. "No one. I live alone." He sat on the barstool next to her and ordered a glass of wine. "My name is Jeff, what's yours?"
"My name is ... Sharon." She held out her hand, and he took it.
Even though she had had a little too much to drink, he sensed her hesitation when he asked her name. And he was sure that it wasn't Sharon. "Can you drive home?" he asked with concern.
"I think so. But I have to if I'm going to get there."
Now, what was he going to do about her? No way would he leave her here. He would feel horrible if he read in the newspaper that she was found dead. Any man who came here after he left would want her and try to take advantage of the opportunity. He had to send her home in a taxi. He looked into her eyes; they were sad. The saddest eyes he had ever seen. But she was a desirable woman.
Autumn edged on the barstool so she could get closer to him. He saw the deep V-shape in the front of her sweater and the top of her bursting brown, smooth breasts. Her full red lips were turned up into a soft lazy smile; she was seducing him, luring him like a magnet. And he had lost all will to refuse her. Jeff looked deeply into her eyes; Autumn knew exactly what she was doing.
Autumn knew that she had him and he wanted her as much as she needed him. After all, he was a man.
"You don't really want to go home?" he asked.
"I don't think so, though I should."
"I can't let you drive, but if you go with me I'll bring you back to your car."
"I can't stay out too late, I'm a working woman," she whispered as she moved even closer to him.
"I'm a working man, so I can't stay out too late either." He had intended to buy himself only one glass of wine and go home. He had worked late and was still tense, but he hadn't anticipated spending time with a strange woman. Jeff reached for her hand. "Shall we leave?"
"Yes." She followed him outside.
Jeff helped Autumn inside his black Lexus SUV. Even in the dark, it shined like new. As he drove, he smiled when he saw Autumn lay her head back on the seat and close her eyes. He talked to her to keep her awake. Fifteen minutes later, he was in the parking lot of the Marriott Hotel in Marina Del Rey.
The lobby was quiet, with a short line of people checking in. "Here, you have a seat and I'll check in," Jeff said and gave Autumn's hand a gentle squeeze.
She watched as he walked away. Maybe it was the wine, but she felt a hint of aloneness as he left her. Even when he was at the counter being waited on, she watched him. There was something quiet and calm about him. He had a handsome, chiseled face and a cleft chin. His broad shoulders appeared powerful and his legs were long.
Jeff was back and reached for her hand. He led her from the elevator to Room 206, holding the door open for her to walk inside.
Autumn was still a bit light-headed, the wine buzzing in her head. She felt warm and sexy. She kicked off her shoes, and pulled her sweater over her head.
Jeff couldn't pull his eyes away as she undressed. Her body was curvy and brown, her breasts were beautiful, and her red panties were lace. She pulled the covers back and lay on the bed, waiting patiently for him.
Autumn watched him as he pulled off his watch and placed it on the nightstand. He was well-built and well worth waiting for. As though he'd forgotten, he picked up his trousers and pulled a condom from his pocket. She was relieved that he used caution. She never had sex with any of the men without a condom.
He lay on the bed beside her and gathered her in his arms. "You don't have to do anything that you don't want to."
"I know."' She turned to face him, and he kissed her. Autumn gently whispered in his ear, "Do you want me, Jeff? Tell me now. Do you really want me?"
"I want you, baby. You know that I want you," he whispered softly, pulling her closer to him.
She gasped as his warm tongue circled the tip of her nipples. He raised her legs even higher, and she wrapped them around him. She wanted this man inside of her, deep, deep inside her. She wanted him over and over again. No, it was the wine. He could mean nothing more to her. And why would he want a woman who slept with a stranger? No, it was too much wine. The rule was never to see them again, never get attached or answer too many questions, and Jeff was no different.
"Do you love it, Sharon? Say it's good." He was deep inside her, then grabbed her hips and pulled her closer to him. "Do you love it, baby? Say it so I can hear."
"I love it, I love it. Now, now," she said in a rush. No one had ever handled her so gently, but held her firmly with deep strokes, making her feel every inch of him, and she wanted more. Her sweaty body arched up to him, taking all she needed.
After two orgasms, she forgot that she was with a stranger. It was as though they had known each other before. No man had ever taken her so expertly and made her want so much more. No man.
They made love for hours, and when he let her go, she fell into a deep slumber.
The next morning the sun streamed through the windows, waking her with a start. She opened one eye, feeling the sun glaring against her face, and the pain throbbed in her left temple. Then she slowly opened both eyes. The room was spinning as she looked around for anything familiar to help her remember the night before. Autumn sat up straight, her heartbeat quickening. Where was she, who had she been with? She could hardly remember his face. Finally, it started to float back. He was tall, nice, but she couldn't visualize his face and didn't remember his name. "My car?" she said out loud. "Did I drive my car?" She held both hands against her temples, trying to remember. Autumn got out of bed; she was naked. Then she saw a one-hundred-dollar bill and a note on the nightstand.
Left money for a taxi. Your car is parked in the parking lot at the Townhouse on La Tijera and Centinela. I had a wonderful time. Jeff. The note was impersonal, sweet and short, no last name, no phone number, and no I want to see you again. But wasn't that the way she always wanted it? He made sure that he didn't give her any unnecessary information about himself. Who is he, and how will I know it's him if I see him again? she thought. One hundred dollars; did he think she was a hooker? Of course he did. She felt tears on her cheeks and wiped them with the back of her hand. Another man, another hotel. It all had to end.
Autumn peeked out the window, then picked up a magazine. It was addressed to the Marriott in Marina Del Rey. Well, the man wasn't cheap. She could say that much for him.
It was six o' clock, and Autumn only had time to call a taxi, get her car, then go home to shower and get to school. But deep inside, she felt different than she had with the other men. She felt cheap, and the money he left only made her feel worse. If only she hadn't drunk so much, then she could remember his face.
Excerpted from Back To Basics by Patricia Anne Phillips Copyright © 2009 by Patricia Anne Phillips. Excerpted by permission.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.


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January 24, 2011
LEE BOND AND RICHARD JAMES BURKHART, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,v.FERGUSON ENTERPRISES, INC., A CORPORATION, AND DOES 1-50, INCLUSIVE, DEFENDANTS.
Plaintiffs Lee Bond and Richard Burkhart bring this action on behalf of themselves and approximately 548 current and former truck drivers employed by Defendant in California from July 17, 2005 for alleged violations of state wage-and-hour laws. See Putative Class Action Complaint ("Complaint"), Doc. 2-2, Ex. A.
The parties have entered into a Joint Stipulation of Class Action Settlement Agreement ("Settlement"). Doc. 30, Ex. 1. Under the terms of the Settlement, the parties seek: (1) preliminary approval of the Settlement; (2) provisional certification of the Settlement Class; (3) appointment of Plaintiffs as Class Representatives; (4) appointment of Ackermann & Tillage, P.C. and Wasserman, Comden, Casselman & Esensten,
L.L.P. as Class Counsel; (5) approval of the parties' proposed form and method of notifying Class Members of the Settlement; (6) an order scheduling the hearing date for final approval of the class settlement; and (7) entry of a preliminary approval order. Plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement on December 15, 2010. Doc. 29. Defendants filed a Statement of Non-Opposition to the Settlement on January 10, 2011. Doc. 33.
Plaintiffs allege that Defendant failed to provide timely off-duty meal periods; failed to pay for missed, on-duty and untimely meal periods; failed to provide accurate itemized wage statements; and failed to pay all wages due upon termination or separation of employment. Plaintiffs sought to certify a class composed of themselves and similarly situated individuals, and sought declaratory relief and recovery of back wages, interest, penalties, attorneys' fees, and costs. See Complaint.
From November 2009 through the day of the settlement negotiation, the parties conducted extensive formal and informal discovery concerning Defendant's policy and practices. Plaintiffs' counsel undertook an extensive review of the information amassed during discovery, including: (1) analysis of thousands of documents produced by Defendant, including time records and payroll data for 34 class members and Defendant's employment records; (2) analysis of Defendant's legal arguments; (3) obtaining more than thirty sworn declarations from former and current truck drivers of Defendant; (4) taking the Rule 30(b)(6) deposition of Defendant's corporate representative; (5) analysis of class-wide violation rates on the automatic deduction and meal break claims on the basis of a sample of thirty-four class members; (6) analysis of class-wide violations and damages on derivative claims; and (7) research of the applicable law with respect to Plaintiffs' claims. Harnett Decl., Doc. 31 ¶ 4.
The case was resolved with the aid of a mediator, Gig Kyraicou. The Settlement covers approximately 548 current and former truck drivers employed by Defendant in California from July 17, 2005 to the date the court enters an Order of Preliminary Approval ("Class Period"), excluding new truck drivers hired after November 3, 2010 and 46 truck drivers who previously signed severance release agreements prior to the filing of the lawsuit ("Class Members").
A.Gross Settlement Amount.
Under the Settlement, Defendant will pay up to $2.25 million ("Gross Settlement Amount"). This total sum will cover:
settlement awards to be paid to Class Members who timely submit valid claims ("Settlement Awards"); any payroll withholding on the Settlement Awards; the Settlement Administrator's reasonable fees and expenses (no more than $18,000);(subject to court approval) payments to Plaintiffs, in addition to their Settlement Awards, of $11,250 each in compensation of their services as Class Representatives; and (also subject to court approval) payments to Class Counsel of no more than 30% of the Gross Settlement Amount, or $675,000, for their reasonable attorneys' fees, as well as litigation costs, up to $10,000.
See Settlement, Doc. 30, Ex. 1, § 6. There will be no reversion of the Gross Settlement Amount to Defendant.
B.Payment of Settlement Awards.
After the other amounts are deducted, the balance of the Gross Settlement Amount, approximately $1,524,500 (the "Net Settlement Amount") will be distributed to all Class Members who timely submit valid claims ("Claimants"), based upon the following allocation formula:
The dollar amount payable to each member of the Class will be calculated by taking the "Potential Gross Individual Settlement Proceeds", i.e., the "Net Settlement Amount" (estimated to be slightly more than $1,500,000) divided by the total number of weeks worked by all members of the Class during the Class Period, and then multiplied by the total number of weeks worked by each individual member of the Settlement Class.
Settlement, Doc. 30, Ex. 1, § 7(a). A Claim Form, which will be mailed to Class Members with the Notice of Proposed Class Action Settlement and Fairness Hearing ("Notice"), will include for each Class Member the number of weeks actively worked during the Class Period and the Class Member's estimated Settlement Amount. Ackermann Decl., Doc. 31, ¶ 52.
For tax purposes, one-third (1/3) of each Settlement Award will be deemed wages and two-thirds (2/3) will be treated as penalties and interest. Settlement Awards will be subject to the applicable tax withholding and reporting. Settlement, § 7(c).
The formula relies upon objective evidence of the number of weeks worked during the Class Period. Class Members can review and confirm this information, and the Claim Form permits Class Members to challenge the number of weeks worked. Settlement, § 7(e).
C.Distribution of Unclaimed Funds and Uncashed Checks.
If less than 60% of the Gross Settlement Amount is claimed and distributed to all Claimants, then each Claimant's Settlement Award will be proportionately increased, up to a maximum of 1.5 times their original Settlement Award, until the total individual Settlement Awards equals 60% of the Net Settlement Amount. If the combined total of all Claimants' Settlement Awards at 1.5 times the original amount is still less than 60% of the Gross Settlement Amount, the balance of the funds will be paid to a 501(c)(3) nonprofit organization, to be agreed upon by the parties and approved by the court. Settlement, § 6(a).
D.Scope of the Release.
The Settlement provides that all Class Members other than those who elect not to participate in the Settlement shall have released the "Released Parties" from the "Released Claims." The Notice contains the following release:
For purposes of this Notice and the Settlement Agreement, the "Released Claims" of the Settlement Class are defined as: All claims, demands, rights, liabilities, and causes of action, whether brought directly, representatively, or in any capacity, that were or could have been asserted in the Lawsuit based upon the facts alleged therein, whether in tort, contract, statute, rule, ordinance, order, regulation, or otherwise, including state, federal, and local laws, whether for economic damages, non-economic damages, restitution, penalties, punitive damages, wages, premium payments, liquidated damages, attorneys' fees, or any other type of recovery thereon, arising out of any act, omission, transaction, or event that occurred or is alleged to have occurred up to the date of this Agreement. Claims specifically included in this release without limitation are those for alleged failure to provide meal or rest breaks, alleged failure to pay for all hours worked based on the application of an "automatic lunch deduction" (including claims for unpaid overtime, whether known or unknown, arising during the Class Period for the Class Members based on the claims reasonably related to those alleged in the Lawsuit), alleged failure to provide accurate itemized wage statements, alleged failure to provide timely pay upon termination, alleged unfair competition by means of the foregoing, and any other claims arising out of alleged failure to pay wages or penalties or for any other claims asserted in the Lawsuit. This release shall be in addition to, and not in lieu of, any release previously executed by any member of the Settlement Class.
With respect to the Released Claims, Plaintiffs and the members of the Settlement Class stipulate and agree that, upon the effective date of the settlement, all of them shall be deemed to have, and by operation of the Final Judgment shall have, expressly waived and relinquished, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law that purports to limit the scope of a general release. Section 1542 provides:
Settlement Class Members shall fully and finally release and discharge Ferguson, and each of their past, present, or future officers, directors, owners, shareholders, employees, agents, principals, heirs, representatives, accountants, auditors, attorneys, consultants, insurers, and reinsurers, and their respective successors and predecessors in interest, subsidiaries, affiliates, parents, and each of their company-sponsored employee benefit plans, and all of their respective officers, directors, employees, administrators, fiduciaries, trustees, and agents ("Released Parties"), from the Released Claims.
Notice, Doc. 30, Ex. 1-A, § 5.
E.Objections and Opt-Out Process
Any Class Member who so wishes may object or elect not to participate in the Settlement. The Notice fully explains the objection and opt-out procedures. Notice, § 3.
F.Class Representative Payments; Class Counsel Attorneys' Fees Payment and Class Counsel Litigation Expenses Payment.
By a motion to be filed prior to the Final Approval Hearing, Plaintiffs and their counsel will seek:payments to Plaintiffs, in addition to their Settlement Awards, of $11,250 each in compensation of their services as Class Representatives; and payments to Class Counsel of no more than 30% of the Gross Settlement Amount, or $675,000, for their reasonable attorneys' fees, as well as litigation costs, up to $10,000.
Settlement, § 6(b), (d). The exact amounts requested, and their justification, will be detailed in a motion, brief, and declaration to be provided in conjunction with the final approval of the settlement and are subject to the court's final review and approval.
A.Request for Conditional Certification of a Class for Settlement.
Plaintiffs request certification of the Class under Rule 23(c)(1) which permits a court to "make a conditional determination of whether an action should be maintained as a class action, subject to final approval at a later date." Fry v. Hayt, Hayt & Landau , 198 F.R.D. 461, 466 (E.D. Pa. 2000). Conditional certification requires satisfaction of the prerequisites of Rule 23(a) and (b). Id .
1. Rule 23(a) Requirements.
Federal Rule of Civil Procedure 23(a) states in pertinent part that "[o]ne or more members of a class may sue or be sued as representative parties on behalf of all." As a threshold matter, in order to certify a class, a court must be satisfied that (1) the class is so numerous that joinder of all members is impracticable (the "numerosity" requirement); (2) there are questions of law or fact common to the class (the "commonality" requirement); (3) the claims or defenses of representative parties are typical of the claims or defenses of the class (the "typicality" requirement); and (4) the representative parties will fairly and adequately protect the interests of the class (the "adequacy of representation" requirement).
In re Intel Secs. Litig ., 89 F.R.D. 104, 112 (N.D. Cal. 1981)(citing Fed. R. Civ. P. 23(a)).
a. Numerosity.
A proposed class must be "so numerous that joinder of all members is impracticable." Fed. R. Civ. P. 23(a)(1). The numerosity requirement demands "examination of the specific facts of each case and imposes no absolute limitations." Gen. Tel. Co. of the Nw., Inc. v. EEOC , 446 U.S. 318, 330 (1980).
Here, the proposed class is comprised of all individuals who have been employed by Defendant in California as truck drivers from July 17, 2005 to the date the court enters an Order of Preliminary Approval, excluding new truck drivers hired after November 3, 2010 and 46 drivers who previously signed severance release agreements prior to the filing of this lawsuit. There are approximately 548 Class Members. Courts have routinely found the numerosity requirement satisfied when the class comprises 40 or more members. Ansari v. New York Univ ., 179 F.R.D. 112, 114 (S.D.N.Y. 1998). Numerosity is also satisfied where joining all class members would serve only to impose financial burdens and clog the court's docket. In re Intel Secs. Litig., 89 F.R.D. at 112. Here, the joinder of approximately 548 individual current and former employees would only further clog this court's already overburdened docket.
b. Commmon Questions of Fact and Law.
Rule 23(a) also demands "questions of law or fact common to the class." Fed. R. Civ. P. 23(a)(2). It does not require that all questions of law or fact be common to every single member of the class. To satisfy the commonality requirement, plaintiffs need only point to a single issue common to the class. Dukes v. Wal-Mart, Inc. , 509 F.3d 1168, 1177 (9th Cir. 2007); Slaven v. BP Am., Inc. , 190 F.R.D. 649, 655 (C.D. Cal. 2000). Commonality exists when there is either a common legal issue stemming from divergent factual predicates or a common nucleus of facts resulting in divergent legal theories. Hanlon v. Chrysler Corp ., 150 F.3d 1011, 1019 (9th Cir. 1998).
Here, potential Class Members share the following legal and factual questions:
Whether Defendant automatically deducted thirty minutes worth of working time on the basis of the unverified assumption that truck drivers always took a half-hour, off-duty meal break and in lieu of keeping contemporaneous or accurate meal break records;
Whether Defendant failed to compensate truck drivers for missed or untimely meal breaks with an extra hour of premium pay;
Whether Defendant failed to implement a systematic daily method of relieving Class Members of their duties for meal breaks;
Whether Defendant failed to pay former employees all wages due at termination; and
Whether the above practices violate the Labor Code and Wage Orders.
These common questions of law or fact shared by all prospective class members are sufficient to satisfy the commonality requirement.
c. Typicality.
Rule 23(a)(3) demands "the claims or defenses of the representative parties are typical of the claims or defenses of the class." Armstrong v. Davis , 275 F.3d 849, 868 (9th Cir. 2001). Typicality is satisfied if the representatives' claims arise from the same course of conduct as the class claims and are based on the same legal theory. See, e.g., Kayes v. Pac. Lumber Co., 51 F.3d 1449, 1463 (9th Cir. 1995)(claims are typical where named plaintiffs have the same claims as other members of the class and are not subject to unique defenses).
Because every class member was paid under the same pay practices as every other class member, the Class Representatives' claims are typical of those of the other Class Members. The typicality requirement is satisfied.
d. Fair & Adequate Representation.
The final Rule 23(a) prerequisite is satisfied if "the representative parties will fairly and adequately protect the interests of the class." Fed. R. Civ. P. 23(a)(4). "The proper resolution of this issue requires that two questions be addressed: (a) do the named plaintiffs and their counsel have any conflicts of interest with other class members and (b) will the named plaintiffs and their counsel prosecute the action vigorously on behalf of the class?" In re Mego Fin. Corp. Sec. Litig. , 213 F.3d 454, 462 (9th Cir. 2000).
All requirements are satisfied here. Proposed class counsel, Craig J. Ackerman, Esq., of Ackerman & Tilajef, P.C., and Melissa M. Harnett, E sq., of Wasserman, Comden, Casselman & Esensten, L.L.P., have significant experience litigating class actions, serving as class counsel, representing plaintiffs, and wage and hour litigation. See Harnett Decl., Doc. 31, ¶¶ 13-32, Ackermann Decl., Doc. 30, ¶¶ 70-71. Proposed Class Counsel have no conflicts with the class (Harnett Decl., Doc. 31, ¶¶ 5, 7), and have devoted a significant amount of time to the lawsuit (Ackermann Decl., Doc. 30, ¶ 72; Harnett Decl., Doc. 31, ¶ 11).
In addition, the Class Representatives' interests are completely aligned with those of the class. The Class Representatives' interest is in maximizing their recovery.
Although they will each receive an additional $11,250, this amount is reasonable compensation for the time and expense they devoted to pursuing this case. See Harnett Decl., Doc. 31, ¶ 9.
2. Certification of a Class under Rule 23(b)(3).
Once the threshold requirements of Rule 23(a) are satisfied, a class may be certified only if the class action satisfies the superiority requirements of Rule 23(b)(1), (b)(2), and/or (b)(3). Here, the parties agree for purposes of the Settlement only that certification of the Class is appropriate under Rule 23(b)(3) because "questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and ... a class action is superior to other available methods for the fair adjudication of the controversy." Fed. R. Civ. P. 23(b)(3).
B.Preliminary Approval of the Settlement.
In reviewing the settlement, although it is not a court's province to "reach any ultimate conclusions on the contested issues of fact and law which underlie the merits of the dispute," a court should weigh the strength of plaintiff's case; the risk, expense, complexity, and likely duration of further litigation; the stage of the proceedings, and the value of the settlement offer. Chem. Bank v. City of Seattle , 955 F.2d 1268, 1291 (9th Cir. 1992). The court should also watch for collusion between class counsel and defendants. Id . Preliminary approval of a settlement and notice to the proposed class is appropriate: "[i]f [1] the proposed settlement appears to be the product of serious, informed, noncollusive negotiations, [2] has no obvious deficiencies, [3] does not improperly grant preferential treatment to class representatives or segments of the class, and [4] falls with the range of possible approval...." In re Tableware Antitrust Litig. , 484 F.Supp.2d 1078, 1079 (N.D. Cal. 2007) (adding numbers). The Settlement proposed by the parties meets this test.
1. The Settlement Was the Product of Informed, Arm's Length Negotiations.
The Settlement was reached after informed, arm's length negotiations between the parties. Both parties conducted extensive investigation and discovery allowing them to assess the strengths and weaknesses of the case. Plaintiffs' counsel had access to thousands of documents, including trip manifests, payroll data, and Defendant's employment policies, and obtained more than thirty sworn declarations from former and current employees of Defendant. Harnett Decl., Doc. 31 ¶ 4. The parties participated in mediation with an impartial mediator. The Settlement is the product of non-collusive negotiations.
2. The Proposed Settlement Has No "Obvious Deficiencies." The Settlement provides for a payment of $2.25 million by Defendants, which is substantial given the size of the class (548 Class Members) and limited nature of the alleged violations at issue. All Settlement Amounts to be paid under the Settlement are determined by the number of weeks each Class Member worked during the Class Period. The provision for a 60% floor on distribution of the Gross Settlement Amount, adjustment of each Claimant's Settlement Award, and donation of excess proceeds to charity is appropriate, fair, and ensures that all of the Net Settlement Amount is directed to Class Members to the extent administratively possible.
The Class Representative payments and the Class Counsel attorneys' fees payment are appropriate, and are subject to court approval at the final approval hearing. The expected Settlement Administrator's fees and costs of approximately $18,000 is reasonable.
3. The Settlement Falls Well Within the Range of Possible Approval.
To determine whether a settlement "falls within the range of possible approval" a court must focus on "substantive fairness and adequacy," and "consider plaintiffs' expected recovery balanced against the value of the settlement offer." In re Tableware Antitrust Litig. , 484 F. Supp. 2d at 1080.
If the litigation proceeds, Plaintiffs would face significant risks. For example, the primary cause of action in this case revolves around the provision of meal periods. However, the meaning of an employer's obligation to provide meal periods under California law is currently before the California Supreme Court. See Brinker Rest. Corp. v. Superior Court (Hohnbaum) , 165 Cal.App.4th 25 (2008) (review granted)). A defense ruling in Brinker could impair Plaintiffs' ability to proceed on these causes of action.
Even if Plaintiffs were to prevail, they would be required to expend considerable additional time and resources potentially outweighing any additional recovery obtained through successful litigation. In addition, continued litigation would delay payment to the Class Members and increase the amount of attorneys' fees.
In light of these risks, the significant recovery is fair, reasonable, and adequate and is in the best interest of the Class Members in light of all known facts and circumstances.
4. The Release Is Too Broad.
As part of the Settlement, Class Members will be deemed to have released "[a]ll claims, demands, rights, liabilities, and causes of action, whether brought directly, representatively, or in any capacity, that were or could have been asserted in the Lawsuit based upon the facts alleged therein, whether in tort, contract, statute, rule, ordinance, order, regulation, or otherwise, including state, federal, and local laws, whether for economic damages, non-economic damages, restitution, penalties, punitive damages, wages, premium payments, liquidated damages, attorneys' fees, or any other type of recovery thereon, arising out of any act, omission, transaction, or event that occurred or is alleged to have occurred up to the date of this Agreement ." Notice, § 5 (emphasis added). The release does not appropriately track the extent and breadth of Plaintiffs' allegations in this case and releases unrelated claims of any kind or nature that class members may have against defendants. This form of release is overbroad by arguably releasing all unrelated claims up to the date of the Agreement (the full language of the release is on Page 6 of this Memorandum Decision).
5. Collusion.
There is no evidence of collusion here.
The settlement is preliminarily approved as fair and reasonable, subject to a narrowing of the release.
C.Proposed Class Notice & Administration. "Adequate notice is critical to court approval of a class settlement under Rule 23(e)." Hanlon , 150 F.3d at 1025. A class action settlement notice "is satisfactory if it generally describes the terms of the settlement in sufficient detail to alert those with adverse viewpoints to investigate and to come forward and be heard." Churchill Vill., LLC v. Gen. Elec. , 361 F.3d 566, 575 (9th Cir. 2004)(internal quotations and citations omitted).
Here, the proposed Notice (Doc. 30, Ex. 1-A) and the manner of notice agreed upon by the parties (Settlement, § 5) is "the best notice practicable," as required under Rule 23(c)(2)(B). All Class Members can be identified and the Notice and related materials (Claim Form and Request for Exclusion Form) will be mailed directly to each Class Member. The Class Notice adequately informs Class Members of the nature of the litigation, the essential terms of the Settlement, and how to make a claim under the Settlement, object to or comment on the Settlement, or elect not to participate in the Settlement. Further, the Class Notice identifies Class Counsel, specifies the amounts of the Class Representative payments, Class Counsel Attorneys' fees, and Class Counsel litigation expenses that Plaintiffs and Class Counsel will seek, and explains how to obtain additional information regarding the action and the Settlement.
Within 5 days after the court grants preliminary approval of the Settlement, Defendant will provide the Settlement Administrator with an updated list containing names, social security numbers, dates of employment, weeks worked during the Class Period and last-known addresses for each member of the Settlement Class. Settlement, § 9(b). The Settlement Administrator will mail the Notice, Claim Form, and Request for Exclusion to Class Members within 21 days following the preliminary approval. The Claim Form includes each individual Class Member's weeks worked and estimated Settlement Award based on a 100% claim rate. Class Members may challenge and seek correction of the number of weeks worked during the Class Period. Class Members must submit and postmark their Claim Form no later than 45 days after the Notice is mailed. Id. at § 5(c). The Settlement Administrator will resend improperly completed Claim Forms; and Class Members who receive a re-mailed Claim Form will have 30 days to correct, complete, and/or sign the Claim Form. Id. at § 9(c)(v).
The Settlement Administrator will provide weekly reports to Plaintiffs' and Defendant's counsel. Id. at § 9(c)(vii). Not later than 30 days prior to the final approval hearing, the Settlement Administrator will submit a declaration describing efforts made to locate all Class Members. Id . at § 9(c)(viii). The Settlement Administrator will supplement the declaration as necessary, and submit a final declaration no later than 3 business days prior to the final approval hearing. Id.
The procedures set forth in the Settlement provide the best possible notice to the Class Members.
D.Simpluris Inc. is an Appropriate Settlement Administrator. The parties have agreed upon and recommend that the court appoint Simpluris, Inc., to serve as the Settlement Administrator. Simpluris's proposed fee is up to $18,000. Ackermann Decl. ¶ 50.
E.Settlement Approval Schedule.
The parties are to submit the following schedule for approval of the Settlement:
Date Event
Preliminary approval Defendant to provide to Settlement Administrator with an electronic database containing Class Member contact information and data necessary to calculate settlement shares (5 days after preliminary approval) Settlement Administrator to mail Notice Packets to all Class Members (21 days after preliminary approval) Date for Settlement Administrator to contact Class Members who have not submitted Claim Forms to remind them of the upcoming deadline Last day for Class Members to comment on or object to Settlement and mail in Claim Form or Request for Exclusion (45 days after mailing of Notice packets), other than Class Members who receive a re-mailing of the Notice packets, who have 30 days Last day for Settlement Administrator to report to parties on Class Members who have elected not to participate in Settlement or who have submitted claims Last day for Settlement Administrator to serve on the parties and file with the court preliminary statement of due diligence in complying with its obligations under the settlement (30 days before final approval hearing) Last day for Settlement Administrator to serve on the parties and file with the court final statement of due diligence in complying with its obligations under the settlement (3 business days before final approval hearing) Due date for motion for final approval of settlement and plaintiff's separate motion for class representative fee and class counsel's attorneys' fees and expenses Final approval hearing
V.CONCLUSION For all the reasons set forth above:
(1) The Settlement Class is conditionally certified;
(2) The Class Settlement is preliminarily approved;
(3) Craig J. Ackerman, Esq., of Ackerman & Tilajef, P.C., and Melissa M. Harnett, Esq., of Wasserman, Comden, Casselman & Esensten, L.L.P., are appointed Class Counsel;
(4) The named plaintiffs are appointed Class Representatives;
(5) Simpluris, Inc. is appointed Settlement Administrator;
(6) The class Notice and related materials are approved for distribution, subject to the narrowing of the release; and
(7) Plaintiffs shall submit a revised release and Settlement Approval Schedule within five (5) days of this decision.
Plaintiffs shall submit a form of order consistent with this decision within five (5) days following electronic service.
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Arcelor merger talks21 Jun 2006
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Mittal expected to raise bid to win steel rival
Lakshmi Mittal, head of Mittal Steel, is on the verge of winning his five-month battle to woo Mittal's rival Arcelor into a friendly merger creating the world's largest steel company - at the price of a "sweetened" offer, according to investors.
Mittal, in New York for a conference, said he had so far refused to raise his €22bn ($27.7bn) bid but expects an outcome to top-level talks with Arcelor "in the next few days".
But at the same conference Guy Dollé, Arcelor's chief executive, said he expected both Mittal and Severstal, the Russian steel group proposing a "white knight" merger with his company, to raise their bids soon.
An influential US investor organisation has urged Arcelor shareholders to vote against the proposed merger with SeverStal, the Russian steel maker, at a special meeting of investors on 30 June.
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Arcelor may sweeten its deal with Severstal to satisfy shareholder demands as discussions with hostile suitor Mittal Steel continue.
Arcelor chief executive Guy Dollé said on Tuesday that he is still seeking a higher bid from Mittal after "many" rounds of talks over its $29.6bn cash-and-shares offer. He also said the terms of the merger with Russian steelmaker Severstal "will be improved" in structure and value after shareholder objections.
Russian steel tycoon Alexey Mordashov made sweeping changes to his €13bn ($16.4bn) deal with Arcelor after shareholders protested its terms, accepting a sharp reduction in the stake of Arcelor he will accept as payment for selling his Russian steelmaker.
Mordashov's move was a response to investors' requests and concerns after he met with more than 100 institutional shareholders of Arcelor, said Robert Miller, and investment banker representing Mordashov.
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Estonia Elects Their First Female President
Estonia is already progressive when it comes to gender legislation — like how new moms get 140 days of full paid pregnancy and maternity leave.
But the Baltic country just took it a step further by electing its first female President, Kersti Kaljulaid.
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Kaljulaid is a liberal conservative — a fan of conservative economic policies, but simultaneously has liberal views on many social matters like LGBT rights and immigration.
"I want to listen to the people who live in different corners [of Estonia], and are disappointed in political parties and political and public affairs in general," Kaljulaid said.
Based on an Estonian World article, she is already well known as the intelligent, quick-witted former prime minister's economic advisor, and as the previous state official.
She has hopes for a strong civil society that focuses less on state interference and more on activating its citizens.
"The president will not be able to provide a solution to every issue in Estonia, but to be able to recognize, understand and communicate the problem is already a huge step toward a solution. This can be done and the president needs to do this, responsibly and impartially," Kaljulaid said.
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Russia To Start Repaying Debt To South Korea
http://gdb.rferl.org/f0348d29-c618-4888-846e-aaee757cc54d_w203.jpg --> http://gdb.rferl.org/f0348d29-c618-4888-846e-aaee757cc54d_mw800_mh600.jpg (RFE/RL) May 28, 2007 -- The Russian Finance Ministry says Moscow will start repaying its outstanding debt of $1.33 billion to South Korea next month.
The repayment process is expected to take 19 years. The ministry said Russia intends to repay 70 million dollars in cash annually, starting this year, under a 2003 debt settlement accord.
The debt dates back to 1991 when Seoul provided Russia with $1.47 billion in loans. The deal followed Moscow's move the previous year to establish diplomatic relations with South Korea.
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decided: February 26, 1974.
P.P.G. INDUSTRIES, INC., APPELLANT,v.WORKMEN'S COMPENSATION APPEAL BOARD AND VIRGIL C. AITES, APPELLEES
Appeal from the Order of the Workmen's Compensation Appeal Board in case of Virgil C. Aites v. P.P.G. Industries, Inc., No. A-64517.
Wallace E. Edgecombe, with him Royston, Robb, Leonard, Edgecombe, Miller & Urbanik, for appellant.
Ralph A. Davies, with him Thomson, Rhodes & Grigsby, for appellee.
Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.
[ 12 Pa. Commw. Page 62]
Virgil C. Aites was injured while the employee of P.P.G. Industries, Inc. P.P.G. supplied him with employment despite his continued partial disability and since there was no loss of earnings compensation was suspended. Mr. Aites left P.P.G.'s employ voluntarily to become a minister of the gospel to a congregation some distance from his former work location. It developed that his small congregation could not support his ministry. He looked for other full-time employment, was unsuccessful because of his disability, and then filed a petition for reinstatement of compensation.
[ 12 Pa. Commw. Page 63]
P.P.G. Industries, Inc. resisted reinstatement on the ground that Mr. Aites's loss of earnings was the result, not of his admitted partial disability, but of his voluntarily leaving the employment it provided. The Workmen's Compensation Appeal Board, after hearings, granted the petition for reinstatement and directed the resumption of payments as of the date Mr. Aites quit his employment with P.P.G. In P.P.G. Industries, Inc. v. Aites, 7 Pa. Commonwealth Ct. 588, 300 A.2d 902 (1973), we held that the Board correctly determined that Mr. Aites's disability payments should be resumed but not as of a date before he undertook to obtain remunerative full-time employment. We therefore reversed the Appeal Board's order insofar as it directed payments from the date of Mr. Aites's leaving P.P.G.'s employ and remanded the record for determination, after a further hearing, of the "earliest date [when] the claimant sought full-time employment other than the ministry."
In compliance with our order the Board arranged further hearings and concluded, based on the record, that compensation should be paid from October 31, 1969. P.P.G. has again appealed, launching its renewed attack from the vantage point of the following sentence in our opinion: "When, however, that pursuit [the ministry] was laid aside in favor of more remunerative full-time employment and his loss of earnings became the result not of a choice of work but of his disability, he became entitled to benefits." 7 Pa. Commonwealth Ct. at 588, 300 A.2d at 905. P.P.G. interprets this sentence as a holding on our part that Mr. Aites would not be entitled to compensation unless and until he not only sought employment but also gave up his ministry. We did not intend to declare that as a condition to receiving compensation Mr. Aites was required to discontinue his Godly, but unprofitable, work while seeking employment. The record supports the Board's findings
[ 12 Pa. Commw. Page 64]
that commencing in October 1969 Mr. Aites sought full-time employment but was unsuccessful because of his disability. It also shows that since January 1973 he actually has been employed full-time, performing his duties as a clergyman on a spare-time basis. The Board's award of compensation from October 31, 1969 is supported in the record and conforms to our earlier order.
And Now, to wit, this 26th day of February, 1974, the defendant, P.P.G. Industries, Inc., is directed to make weekly payments to Virgil C. Aites for partial disability at the rate of $45.00 per week beginning October 31, 1969 and to continue within the limitations of the Pennsylvania Workmen's Compensation Act. Interest at the rate of six percent (6%) per annum shall be paid on each installment from the due date until the date of payment.
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How to incent good behavior on social media (avoid spam/trolls)? Human moderation vs. algorithms?
I am working on a social community forum/platform in the politics space. Clearly politics is controversial. Would appreciate people's thoughts on ways to approach the objective of content moderation. The ideal solution is one that fully incentivizes civil discourse, while avoiding inflammatory, spammy, or otherwise unproductive user-generated content.
I'd be especially interested in hearing from anyone on the FounderDating staff. It doesn't appear like there's much/any moderation in the Discuss forums here, and for the most part I think the threads here are high quality. Perhaps that's simply a testament to the application/voucher/paid membership process that sufficiently filters the types of users on the site.
The way I see it there are three approaches to moderation:
- human moderators (i.e. reddit - with mods posting guidelines/expectations and the power to remove people)
- algorithmic moderation (textual parsing of comments/language & preventing bad posts)
- user selection filtering (rigorous signup/application process to weed out the bad eggs)
Thoughts on what is most effective?
5 Replies
Derick Smith Entrepreneur • Advisor
CEO @ Chainreactor
Firstly it may be beneficial to think about your own beliefs and the principles of free speech. Does any discussion, especially political, benefit from free speech, or is it less than desirable?
If you decide free speech is a good thing, then perhaps the way to solve the perceived problems of "inflammatory, spammy or otherwise unproductive" contributions may be best moderated by making people responsible for what they say.
An approach that has been proposed in the cryptocurrency community is to add a cost component i.e. any commentator needs to put down a bond to have the right to comment. If the community find their contribution useful (liked) they get a reward, adding to their bond value. If their comment is deemed undesirable (disliked) they are penalized, reducing their bond value.
Roger Hector Advisor
CEO @ TopTrack LLC
Brian, You may want to consider a prominent reminder of this key principal at the very top of the page. If you name it: "Civiil Discourse", it will remind everyone that this is required to participate in the discussion. This can also be reinforced with a subtitle such as: "Only thoughtful reasoning allowed" (or something like that). The effectiveness of other approaches to moderation will depend a bit on the scale you operate at, and some value can be found in each direction. But clearly you should expect bad posts.
David Fridley Entrepreneur
Founder at Synaccord
Brian, I am working on a similar project. - How to we get around the political polarization and gridlock to find the solutions that unite us.
I think there is no, one solution and you have to many things. Here is what we've figure out about the methods you mentioned:
- human moderators - even with good intentions they are corruptible, especially over time when large sums of money are involved. (eg Congress). But it's also very hard to be unbiased and remain so over time. But what if you have 160M participants. It doesn't scale with consistency.
- algorithmic moderation - while simple strait forward checks are appropriate the algorithms used need to be transparent and well understood by the participants. If people don't understand why their posts get rejected the system will lose legitimacy. (School teachers in some places are going crazy because their evaluations depend on algorithmic calculations based on student test scores that they have no visibility into, and the algorithms are proprietary)
- user selection filtering - important but only goes so far - you want to make sure that people are confident that other people only get one account, and that appropriate people are participating (eg. not the ones's hired on fiverr to vote up a point). But it's a democracy and everyone should get to participate.
What we're working on is more like reddit's voting up process. Each post is shown to a small random group of people. They can vote it up. If no one votes it up then it only impacted that small group, but not the entire community. Also, people are encouraged to give feedback so that the person can learn how what they wrote is perceived by other people.
Brad Harkavy Advisor
General Manager at LiveData, Inc.
One of the reasons FounderDating works is that is a community in which admission is restricted and generally like-minded. To get a two sided political discussion going among folks from different political view points will be much more difficult unless of course, you aggressively enforce a policy of NO"inflammatory, spammy or otherwise unproductive" Perhaps, you can grant the group members the right to flag policy violators to a human curator. The curator has the right to bar specific posts or people if they violate the policy.
Pierre-R. Wolff Advisor
Business and Corporate Development Executive / Professional Connector / Kitesurfer
From my experiences at Tribe and later with Livefyre, politics is perhaps one of the toughest categories to hope for civil discourse. Foreign Policy is perhaps one of the better sites at managing this and they use a combination of human and algorithmic moderation. The way it tends to work is that the algorithmic phase knocks off a good bit of the spam, but is also able to do a pretty good job at classifying offensive content (ie. bullying, racism, profanity, etc.). The classified comments with less confidence are highlighted for review by the human moderators, but they can also review all comments if they chose to. Fox News for example, has a tougher time just because of the sheer volume of inflammatory comments. They had taken an approach of allowing all comments to make it on to the site, but could quickly remove anything as it was flagged by users or by their moderators. Both Livefyre and DISQUS have spam detection and moderation tools so you might want to check out if their services make sense for your site.
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