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Posted on 23 April 2014
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Our Under-21s will host the Royals at Stevenage's Lamex Stadium, kick-off 2pm.
Tickets will be available on the day, priced at £5 for adults and £2 for concessions.
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Supporters can also buy tickets in person at Stevenage's Club Shop this Friday between 10am and 5pm.
22 August 2016
A sparkling brace from Marcus Edwards paved the way for an emphatic 4-1 win at Reading in the Premier League 2 on Monday afternoon (August 22).
15 August 2016
Due to Derby County's participation in the EFL Trophy, our Premier League 2 fixtures against them have been rearranged.
20 July 2016
Our Development Squad have discovered their opponents for the 2016-17 season in the newly-rebranded Premier League 2.
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Hadoti Palace Bundi
Kota Road, Bundi, Rajasthan - 323 001
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Hadoti Palace Bundi, bundi
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Hadoti Palace Bundi, Bundi - Overview
Hadoti Palace Bundi is located at 18 km from the Namana Bus Stop and at 2 km from the Garh Palace. This hotel in Bundi has a help desk. The hotel has 28 well-furnished rooms, spread across 2 floors. Each room has an attached bathroom with hot and cold running water. The rooms also have televisions, hair dryers, ACs, and telephones. This Bundi hotel provides a doctor on call, laundry service, and wake-up calls. It has a restaurant, banquet/conference hall, and poolside restaurant. Hotel Bundi Haveli has a Vintage and Classic Car Museum. The hotel can be reached from the Jaipur International Airport (206 km) and the Kota Railway Junction (41 km). Guests can visit the Chogan Jain Temple (0.8 km), Nawal Sagar Lake (2 km), and Dhabhai Kund (1 km).
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- 24-Hour Front Desk
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United States District Court, E.D. Pennsylvania
June 1, 2015
BRANDON RUFFv.LONG, et al.
The First and Fourteenth Amendments' guarantees of free expression without retaliation and procedural due process apply to police sergeants terminated from their position. To obtain Section 1983 protection of these rights and defeat summary judgment, the police sergeant, like all other citizens, must adduce competent threshold evidence he engaged in First Amendment expressive conduct and his employer deprived him of due process often provided in a collective bargaining agreement. On August 3, 2014, an off-duty plain clothed police sergeant appeared in a police station where he was unknown and attempted to deliver three guns sans explanation. He never verbalized any opinion or intent about guns. When questioned, he concealed or misrepresented his name and birthdate as well as his public position. He refused to answer further questions and left the station creating further suspicion. After discovering he was a police sergeant in another district, the City placed him in a paid, but different, position while its Internal Affairs division investigated his August 3 conduct for six months before arresting him in February 2015 for lying to the police (with the criminal trial still pending) and then terminating his employment a month later. At all times, he is subject to a collective bargaining agreement. While the police officers' possible violations of the sergeant's Fourth Amendment rights will be resolved by the jury, we find no issues of material fact allowing the First and Fourteenth Amendment or Monell claims to proceed. In the accompanying Order, we grant Defendants' motion for partial summary judgment finding no expressive conduct requisite for a First Amendment retaliation claim, the collective bargaining agreement provided due process and there is no evidence the City failed to train or supervise its officers when addressing this unique situation under the well established Monell rubric.
I. Undisputed Material Facts[1]
Plaintiff Brandon Ruff ("Ruff) was a City of Philadelphia ("City") police sergeant, assigned to the 16th District, as of August 3, 2014. Off-duty and wearing plain clothes on August 3, 2014, Ruff walked into the 35th Police District carrying a bag with three firearms which he planned to turn in believing that the City of Philadelphia permitted such activity under a "no questions asked" policy. He did not tell anyone at the 35th District of his job.
Ruff, when asked for identification, told the officers that he did not have his driver's license or state identification. Ruff never told the police officers of any intent to remove guns from the street or make Philadelphia safer. The parties dispute whether Ruff then left the station to make a phone call outside, or whether he attempted to leave to avoid further questioning, but agree that the 35th District officers followed him outside. Ruff alleges that one of the officers observed that he was carrying a gun in a holster, confiscated the weapon, and placed him in handcuffs and under arrest. The police detained Ruff at the police station for some time. Two lieutenants then followed him to his home and relieved him of his service weapon. The following day, the City removed Ruff from street duty and assigned him to Differentiated Police Response unit ("DPR").
On August 4, 2014, the police department's Internal Affairs division began investigating Ruffs August 3 activities at the 35th District. The City did not reduce his pay while on DPR. On August 25, 2014, Ruff filed an initial Complaint alleging the City and its officers violated his First, Fourth and Fourteenth Amendment rights. Ruff remained on DPR until Internal Affairs completed its investigation. On February 2, 2015, the District Attorney arrested Ruff and charged him with one count of False Identification to Law Enforcement Authorities and gave him a thirty (30) day notice of intent to terminate his employment. On March 5, 2015, the City dismissed Ruff from his employment determining he engaged in conduct unbecoming of a police officer in violation of the Police Code. The criminal charges of providing false identification to a police officer remain pending in state court.
II. Standard of Review
Ruff sues the City and individual police officers under 42 U.S.C. §1983 asserting (1) unlawful retaliation for exercising his First Amendment rights to protected speech and conduct; (2) deprivation of procedural due process[2]; and (3) unreasonable force and unlawful arrest under the Fourth Amendment. In addition, Ruff seeks to hold the Philadelphia liable under a Monell[3]theory for failure to train and supervise its police force on proper procedures for arrest.
Defendants move for partial summary judgment arguing (1) no liability against the City directly under Monell; (2) Defendants are entitled to judgment on First Amendment retaliation claims as a matter of law; and, (3) no basis for a procedural due process claim as a matter of law.[4]
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). At the summary judgment stage, facts must be viewed in the light most favorable to the nonmoving party only if there is a "genuine" dispute as to those facts. Scott v. Harris, 550 U.S. 372, 380 (2007), citing Fed. Rule Civ. Proc. 56(c). "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no 'genuine issue for trial.'" Id., citing Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Id., quoting Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 247-248 (1986)(emphasis in original); Dee v. Borough of Dunmore, 549 F.3d 225, 229 (3d Cir. 2008). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson,
477 U.S. at 248.
At this stage, our function is not to weigh the evidence and determine the truth of the matter, but rather to determine whether there is a genuine issue for trial. Woods v. Pettine, No. 12-5608, 2015 WL 1072687, at *3 (E.D. Pa. Mar. 12, 2015). Where a non-moving party fails to sufficiently establish the existence of an essential element of its case on which it bears the burden of proof at trial, there is not a genuine dispute with respect to a material fact and the moving party is entitled to judgment as a matter of law. Tillman v. Redevelopment Auth. of the City of Philadelphia, No. 12-1505, 2013 WL 5594701, at *3-4 (E.D.Pa. Oct. 11, 2013) (internal citation omitted) aff'd, No. 13-4424, 2015 WL 294638 (3d Cir. Jan. 23, 2015).
III. Analysis
A. Ruff cannot establish a First Amendment retaliation claim.
To defeat summary judgment on his First Amendment retaliation claim, Ruff must show evidence his anonymous August 3, 2014 gun delivery to the 35th District[5]: (1) is protected speech or activity afforded First Amendment protection; (2) Defendants inflicted adverse action in response to his August 3, 2014 protected activity sufficient to deter a person of ordinary firmness from exercising his constitutional rights, and (3) has a causal link to the August 4, 2014 DPR assignment with pay, February 2015 arrest and March 2015 termination. Thomas v. Independence Township, 463 F.3d 285, 296 (3d Cir. 2006).
Does Ruff's August 3, 2014 anonymous gun delivery constitute protected expression?
Ruff alleges his anonymous August 3, 2014 gun delivery to the 35th District is protected First Amendment "speech" insofar as these actions are akin to stating the community should be free of guns and violence. We do not agree. Ruff has not cited any case law to support this theory.
Ruff alleges he was acting as a private citizen, and not as a public employee, when he engaged in his so-called protected activity, and therefore the public employee/public employee balancing test directed by Garcetti v. Ceballos, 547 U.S. 410 (2006) does not apply. Whether Ruff acted as a private citizen or public employee in this instance is inconsequential. First Amendment retaliation claims by either private citizens or public employees still require an initial showing of speech or conduct protected by the First Amendment. See Merkle v. Upper Dublin Sch. Dist, 211 F.3d 782, 793 (3d Cir. 2000); Suarez Corp. Indus.
v. McGraw, 202 F.3d 676, 685 (4th Cir.2000).
The parties agree that on August 3, 2014, Ruff entered the 35th District with a bag containing three guns. Ruff stated he was there to "turn some firearms in, " pursuant to what he perceived to be a "no questions asked" police policy and attempted to do so anonymously, never identifying himself as a police sergeant.[6] Ruff admits he told the officers inquiring into his identity he did not have his driver's license or state identification on him. Ruff does not allege he uttered any words to the effect he was there to rid the community of gun violence during this event, and neither party directed the Court to evidence of such statements made by Ruff that evening.[7] Ruffs behavior is only afforded First Amendment protection if we construe it as expressive conduct. This is a threshold question of law.
We analyze Ruffs conduct mindful of the Supreme Court's admonition "[w]e cannot accept the view that an apparently limitless variety of conduct can be labeled 'speech' ...." United States v. O'Brien, 391 U.S. 367, 376 (1968); Texas v. Johnson, 491 U.S. 397, 404 (1989); Spence v. Washington, 418 U.S. 405, 409. "[I]t is the obligation of the person desiring to engage in assertedly expressive conduct to demonstrate that the First Amendment even applies." Tenafly
Eruy Ass'n, Inc. v. Borough of Tenafly, 309 F.3d 144, 161 (3d Cir. 2002) (citing Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, n.5 (1984)).
"Expressive conduct exists where 'an intent to convey a particularized message was present, and the likelihood was great that the message would be understood by those who viewed it."' Egolf v. Witmer,
421 F.Supp.2d 858, 868 (E.D.Pa. 2006) (quoting Texas v. Johnson, 491 U.S. 397, 404 (1989)). As the Supreme Court explained in Johnson, we recognize expressive conduct in the areas of picketing, armband-wearing, flag-waving and flag-burning. Johnson, 491 U.S. at 404. "Conduct is protected by the First Amendment when the 'nature of [the] activity, combined with the factual context and environment in which it was undertaken', shows that the 'activity was sufficiently imbued with elements of communication to fall within the First Amendment's scope.'" Tenafly, 309 F.3d at 158 (quoting Spence v. Washington, 418 U.S. 405, 409-10 (1974), Troster v. Pa. State Dept. of Corrections, 65 F.3d 1086, 1090 (3d Cir. 1995)). In addition, "[c]ontext is crucial to evaluating an expressive conduct claim because 'the context may give meaning to the symbol' or act in question." Id. (citation omitted). The conduct meeting the test is direct and expressive; the Court is not left guessing as to the "expression" intended by the conduct.
The Court of Appeals directs:
[Conduct is expressive] [i]f, considering the nature of [the] activity, combined with the factual context and environment in which it was undertaken, we are led to the conclusion that the activity was sufficiently imbued with elements of communication to fall within the scope of the First and Fourteenth Amendments. ... this is a fact-sensitive, context-dependent inquiry and [] the putative speaker bears the burden of proving that his or conduct is expressive.
Tenafly, 309 F.3d at 160-61 (internal quotations omitted) (citation and footnote omitted), citing Troster, 65 F.3d at 1090; see also Heffernan v. City of Paterson, 2 F.Supp. 3d 563, 572 (D.N.J. 2014) affd,
777 F.3d 147 (3d Cir. 2015).
Applying this standard, we conclude Ruff cannot meet his burden of demonstrating his conduct of anonymously appearing at the 35th District station with a bag containing three firearms purportedly pursuant to a "no questions asked" amnesty program is "sufficiently imbued with elements of communication" to be deemed expressive conduct. Ruff directs us to no factual evidence, other than his own explanation after the event, showing at the time he entered the 35thDistrict, he actually asserted anything to anyone. There is no evidence any of the officers at the 35th District understood Ruff to communicate any idea or message. To the contrary, the Defendant officers' testimony confirms Ruffs secretive conduct raised uncertainty and suspicions about his intentions.
Post-conduct explanations of Ruffs "secret" intent, raised after he is stopped for suspicious activity or files suit, cannot create questions of fact unless there is evidence showing First Amendment expression at the time of the conduct. Silence, concealed intent and then curious anonymity, under the facts presented here, does not constitute First Amendment protected activity. To the contrary, the admitted lengths Ruff went to concealing his identity and the gun delivery in a district other than his home district evidence intent to avoid First Amendment expression. He did not want anyone to discover his views or his conduct. He didn't tell anyone, and he concealed his alleged purposes. If he thought the City had a policy allowing citizens to turn in guns, he could have done so at his 16th District station or adduced evidence he at least talked about this "policy" with someone. While protestors wearing armbands or burning the flag may not advertise their names and addresses, they at least evidence an intent of expressive conduct at the time of their actions. Protection under the First Amendment requires some expressive activity. Ruff can show no genuine issue of material fact to provide conduct evidencing protected expression.
As in Troster and Tenafly, we find Ruff offered nothing more than a "bare assertion" his conduct is expressive. Because this bare assertion falls short of his burden of proof, Ruff cannot proceed on his claim for First Amendment retaliation. Because we hold Ruffs conduct under the particular facts of this case is not protected expression of First Amendment rights, it is unnecessary to decide whether Ruffs so-called speech occurred as a public or private citizen. As a matter of law, Defendants' acts subsequent to Ruffs activity at the 35th District cannot give rise to a claim of retaliation for exercising First Amendment rights. Defendant's Motion for Partial Summary Judgment on Plaintiffs claim for First Amendment Retaliation is granted, and this claim is dismissed.[8]
B. Ruff cannot show Defendants deprived him of procedural due process.
Ruffs claim the City terminated him in violation of his Fourteenth Amendment procedural due process rights also cannot survive summary judgment. To proceed to trial on his procedural due process claim, Ruff must show questions of material fact evidencing Defendants 1) deprived him of a protected property or liberty interest, and 2) the City's available procedures did not provide due process of law. Hill v. Borough of Kutztown, 455 F.3d 225, 233-34 (3d Cir. 2006); Arneault v. O'Toole, 864 F.Supp.2d 361, 395 (W.D. Pa. 2012) affd on other grounds, 513 F.App'x 195 (3d Cir. 2013).
Defendants do not contest Ruff's property interest in his public employment as a police officer. Instead, Defendants argue Ruff has not produced evidence the procedures available to him were inadequate. Hill, supra, 455 F.3d at 234; Revell v. Port Auth. Of N.Y. &N.J., 598 F.3d 128, 138 (3d Cir.2010). We agree.
A state affords requisite due process when it provides reasonable remedies to rectify legal errors by an administrative body. MFS, Inc. v. DiLazaro,
777 F.Supp.2d 382, 436 (E.D. Pa. 2011) affd, 476 F.App'x 282 (3d Cir. 2012) (citing Cohen v. City of Philadelphia, 736 F.2d 81, 86 (3d Cir.1984), cert, denied, 469 U.S. 1019 (1984)). Due process requires an "opportunity to be heard 'at a meaningful time and in a meaningful manner.'" Mathews v. Eldridge, 424 U.S. 319, 332 (1976)(citing Armstrong v. Manzo, 380 U.S. 545 552 (1965)). We agree the grievance procedures available to Ruff as a member of the Fraternal Order of Police ("FOP") provided adequate opportunity for Ruff to challenge his proposed termination, and to obtain meaningful review prior to being terminated from his public employment.[9] The due process clause is not intended to protect Ruff from being terminated from public employment; only that he not be terminated without meaningful opportunity to contest the proposed action. We hold Ruff failed to identify any disputed facts to suggest the City deprived him of a meaningful opportunity to be heard and oppose termination. As such, Ruff failed to offer sufficient facts to avoid summary judgment on his procedural due process claim.
Our Court of Appeals directs "in cases in which 'a due process claim is raised against a public employer, and grievance and arbitration procedures are in place, ... those procedures satisfy due process requirements even if the hearing conducted by the employer . . . [is] inherently biased.'" Leheny v. City of Pittsburgh, 183 F.3d 220, 228 (3d Cir. 1999) (quoting Dykes v. Southeastern Pa. Trans. Auth, 68 F.3d 1564, 1571 (3d Cir. 1995)); Bright v. City of Chester, No. 06-3654, 2007 WL 177399 (E.D. Pa. 2007).
As a police officer, Ruff agreed to an FOP collective bargaining agreement ("CBA"), which contains procedures for grievance and arbitration of disputes. Ruff takes issue with the investigation conducted by Internal Affairs and the parties factually dispute whether those procedures afforded Ruff an opportunity to state his position in that investigation. This factual disagreement, however, is not relevant to Ruffs procedural due process claim. Ruff does not contend his CBA fails to provide a process for initiating a grievance against the police department; he does not contend the Defendants prevented him from utilizing the grievance procedures provided in the CBA; nor does he contend that the procedures made available were somehow inadequate to ensure he was not deprived of any protected property right without due process of law.
C. Ruff does not establish genuine issues to sustain a Monell claim
The City moves for summary judgment on all claims under Monell. To proceed to trial against the City, Ruff must show disputed issues of material fact as to whether the City itself supported the violation of his First, Fourth and Fourteenth Amendment rights. Section 1983 liability attaches to the City only when "execution of a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury." Id., 436 U.S. at 694.
A government policy or custom can be established in two ways. Policy is made when a "decisionmaker possessing] final authority to establish municipal policy with respect to the action" issues an official proclamation, policy, or edict. Pembaur v. City of Cincinnati, 475 U.S. 469, 481 (1986). A course of conduct is considered to be a "custom" when, though not authorized by law, "such practices of state officials [are] so permanent and well settled" as to virtually constitute law. Monell, 436 U.S. at 690 (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 167-68 (1970)). The Supreme Court directs "appropriate circumstances" will warrant the imposition of municipal liability for a "single decision by municipal policymakers." Pembaur, 475 U.S. at 480.
Ruff contends the City is liable under a line of cases that impose municipal liability for a failure to adequately train and supervise employees. "[An] inadequacy of... training may serve as the basis of section 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom [municipal employees] come into contact." City of Canton vs. Harris, 489 U.S. 378, 388 (1989). The inadequate training must be the result of some "conscious" or "deliberate" choice. Id.
There is no evidence the City failed to adequately train officers concerning the presence of an anonymous person making a gun delivery or regarding the enforcement of the CBA. There is no evidence the City failed to train its officers on arrest and detention protocols when faced with a person making a gun delivery concealing his identity and leaving the station when questioned. Ruff does not direct us to factual evidence from which a jury could find the City liable for failure to train or supervise its employees regarding the specific issues presented by Ruffs August 3, 2014 conduct at the 35th District. Summary judgment will be granted in favor of Defendants on Plaintiff s Monell claim.
IV. Conclusion
The parties factually dispute the precise events of August 3, 2014 leading to the Internal Affairs investigation, the August 4, 2014 DPR, the February 2015 arrest, and March 2015 termination. These disputed facts may be relevant to Ruffs Fourth Amendment claim proceeding to trial later this month. They do not, however, create genuine issues of material fact on Ruffs First Amendment retaliation claim as he did not engage in First Amendment protected activity. These factual disputes do not change the material fact the City provided him with due process through his CBA. These factual disputes also do not evidence the City's lack of training or supervision necessary to sustain a Monell claim. In the accompanying Order, we grant Defendants' Motion for Partial Summary Judgment on Ruffs First Amendment retaliation claim, Fourteenth Amendment procedural due process claim, and Monell claim.
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434 Pine Wood Drive, Holland 49424
See more homes for sale in Holland, MI
This property has been Sold!
02/19/2016 at $230,000
This home is located in a comfortable neighborhood on a private lake on Holland's north side. This 4 bedroom, 2 full bath home has many features to assist individuals with physical disabilities. (See attached listed items) The main floor offers a kitchen with a large workspace and beautiful cabinetry, dining area with access to the 3 season room, large living room with access to the deck, bedroom with an overhead lift system to move a person to a barrier free full bath and laundry in a half bathroom. The lower level has 3 bedrooms, full bath, and family room with gas fireplace and walkout to a backyard patio. The backyard is on the water, and makes for excellent water fun and enjoyment.
Property Information
- Status
- Sold
- Address
- 434 Pine Wood Drive
- City
- Holland
- Zip
- 49424
- County
- Ottawa
- Township
- Holland
- Possession
- Immediate Upon
- Siding
- Vinyl, Wood
- Above Grade SqFt
- 2,400
- Garage Desc.
- 2, Attached
- Waterview
- Waterfront
- Waterfront Desc
- Private Frontage, View
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- 2 Ponds
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- Year Built
- 1992
- Taxes
- $4,329
- Association Fee
- $329
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- MasterBedroom:
- 13x20 Main Floor
- Bedroom2:
- 12x15
- Bedroom3:
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- 10x15 Main Floor
- Living:
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- Dining:
- 10x15 Main Floor
- Laundry:
- 8x9 Main Floor
- Basement
- Daylight, Full Basement, Walk Out
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- Forced Air
- Acreage
- 0.24
- Lot Dimensions
- 88x120
- Appliances
- Dishwasher, Dryer, Garbage Disposal, Oven, Range, Refrigerator, Washer
- # Fireplaces
- 1
- Fireplace Desc.
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- Exterior Materials
- Vinyl, Wood
- Exterior Features
- 3 Season Room, Deck(s), Patio
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Paulette Jiles's novels have been called "beautiful," "unforgettable," "impeccable," "pitch perfect," "life-affirming," "deeply relevant," "Homeresque," "remarkably engaging," "glorious." Now the acclaimed poet and New York Times bestselling author of The Color of Lightning, Stormy Weather, and Enemy Women limns new territory with this captivating and atmospheric story set in the far future a beautiful and engaging literary dystopian tale resonant with love and hope.See the rain forests . . . northern beauty, misted nights. Come to Lighthouse Island . . .In the coming centuries, the world's population has exploded and covered the earth with endless cities. Animals are nearly all gone. Drought plagues the land and cloudy water is issued by the quart. There are no maps, no borders, no numbered years. On this urban planet the only relief from the overcrowding, the petty informers, and the harsh rule of the big Agencies is the television in every living space, offering dreams of vanished waterfalls and the promise of virtual vacations in green spaces for the lucky few.It is an unwelcoming world for an orphan like Nadia Stepan, abandoned by her parents on a crowded street when she was four with only a drawing of the constellations of the Big Dipper Cassiopeia's Chair and the North Star and her mother's parting words: "Look to the North Star, and we will always be there." Shuttled from orphanage to orphanage, foster family to foster family, Nadia grows up dreaming of the vacation spot called Lighthouse Island, in a place called the Pacific Northwest where she believes her long-lost parents must be. As her obsession grows, so too does her determination to find her way there.In the meantime, this bright and witty orphan falls into the refuge of old and neglected books- the lost world of the imagination filled with characters who can't disappear, or be arrested, or hurt her. And there is the voice, bounced from an abandoned satellite, that patiently reads, over and over, the great classical books of the world Big Radio, a sound in the night that lifts Nadia above the relentless television noise and the dull and perpetual Present. Despite deprivation, uncertainty, and the deceptions she must use to survive, Nadia's dream never waivers. "It will get better, life will get better."When an opportunity for escape appears, Nadia takes it, abandoning everything to strike out for Lighthouse Island in a dangerous and sometimes comic adventure. She faces every contingency with bottomless inventiveness and meets the man who changes the course of her life: James Orotov, a mapmaker and demolition expert. Together, they evade arrest and head north toward a place of wild beauty that lies beyond the megalopolis: Lighthouse Island and its all-seeing eye."
About Paulette JilesUnfortunately, at the moment we simply can't provide you with information regarding the Founder Paulette Jiles. However, this does not always mean that individuals don't work on her behalf collection. We all consult that you simply help us in this matter. When you have sparetime and want will certainly immensely value if you present to people the information. Any time having these responses and knowledge by consumers in regards to the Lighthouse Island Manager Paulette Jiles, all of us first your ex verify. After all of us ensure that almost all true, simply post that. We fully grasp this assist and also thank you in advance.
Details Book
|Paulette Jiles
|William Morrow
|Data Published
|08 October 2013
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|416 pages
|Age +
|15 years
Reviews Lighthouse Island
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I was suspicious at first when i got redirected to the membership site. Now I'm really excited i found this online library....many thanks Kisses
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lol it did not even take me 5 minutes at all! XD


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- Put an end to your quest for a perfect pair of shoes with this stylish and comfortable pair of Pavers England blue plimsoll shoes. It comes with a leather upper and its sole is also made of premium quality leather. It will keep your feet relaxed throughout the day. This pair of casual slip-ons is ideal for casual outings and can be teamed up with a pair of chinos and a T-shirt.
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Sci fi/Fantasy image bykimberly tabor
An angel who is giving a rose to all those she loves...Note: Due to Elfwood threatening to remove my images because of so called copyright infringement, I must state that all the pictures are my own and do not infringe on any copyrights. The person in the image is myself.
Published More than a year ago
Category Mythology
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Welcome to Mobile Add-ons.
Add extra features and styles to make Mobile your own.Close
About me
|User since
|April 6, 2008
|Number of add-ons developed
|1 add-on
|Average rating of developer's add-ons
|Rated 5 out of 5 stars
Add-ons I've created
Drupal For Firebug
Drupal for Firebug extends the Firebug module to provide Drupal debugging and status messages.
Check the project out on github https://github.com/frob/drupalforfirebug
Keep up with current development http://frob.github.io/drupalforfirebug
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How to Reset the Password on a Dell Latitude
The Windows account password is needed to log in to a particular user's account, as well as authorize certain actions. If you have forgotten your password, you may find yourself unable to access your programs and files. The Windows Administrator account is like the head of the household when it comes to Windows users on a single machine. The Administrator has the ability to easily reset the password on your Dell Latitude.
Things You'll Need
- Windows Administrator account
Step 1
Restart the Dell by selecting "Restart" from the Windows "Start" menu or by holding down the power button.
Step 2
Press "Ctrl," "Alt" and "Delete" twice, simultaneously to log in as the Windows Administrator. If you do not have access to the Administrator account, have the owner help you.
Step 3
Select "Run" from the "Windows Start" menu. Type "control userpasswords2" and click "OK."
Step 4
Select "Users." Select the desired user account. Click "Reset Password."
Step 5
Enter the new password in the New Password text field. Enter the new password again in the Confirm Password text field. Click "OK" to save the change. Restart the computer to log in with the reset password.


text:
Service animals have a legal right to go wherever their human goes, including your vehicle. It's against the law to refuse service to a certified service dog.
Here are some tips for when a rider has a service animal:
- Service dogs are working dogs – do not touch them, talk to them, distract them, or pull their attention away from their job.
- Service animals typically sit on the floor of the vehicle. You should confirm this with the passenger. Service animals are expertly trained and will not sit on your seats.
- To help minimize residual dog hair in your car, you can move your front seat forward so hair doesn't rub on your seat. You can also offer a blanket for the dog to sit on.
- Use a car vacuum or lint remover after the dog has left. If you have allergies, make sure to take your medication or have the right medication on hand.


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September 30, 2012
Justice at Cardwell Ranch
Notice: I received a copy of this book from the author in return for a fair review.
About JUSTICE AT CARDWELL RANCH:
When Dana Cardwell found her mother's revised will in a cookbook six years ago, it did more than make her sole owner of Cardwell Ranch in Big Sky, Montana. It also prevented her siblings, Jordan, Stacy and Clay, from selling off their mother's beloved homestead. The siblings took off and Dana hasn't heard from them since.
When Dana finds her sister, Stacy, waiting at her door with a baby, she welcomes them in. Still, there's something suspicious about Stacy's story. She's not telling Dana the whole truth and it has something to do with that baby. Does her return have anything to do with their brother Jordan who has been seen in town, too? Or is his reappearance tied to the mysterious death of a friend years ago? And how is their other brother Clay involved? As deadly forces once more threaten this clan of cowboys and cowgirls from all sides, do they still have what it takes to survive?
Reading is an interactive experience, with the reader bringing as much to the mix as the writer. How we react to a book is very personal and can change based on our mood or our expectations. I wanted to say that up front, because my expectations for this book were way off the mark, so I'm not sure I can really give it a fair review.
I also had the pleasure of meeting BJ Daniels today and listening to her presentation on writing, so I'm not exactly objective. I want to love and recommend her books just because she's a warm, funny and generous person.
So, back to the book and my expectations. I went in knowing it was part of a series but I was surprised by how much of the story line carried through from the first book. I felt like I'd dropped into the middle of an HBO mini-series where the characters had been introduced and fleshed out before I started watching. Also, when I last read Harlequin Intrigue the romance was still the dominant story line in every book. Obviously that has changed because in this book the family drama and the murder mystery are both more prominent than the developing relationship between Jordan and Liza, and I couldn't seem to shift gears. I jumped into every scene looking for more of the two of them.
The book is packed with action and thanks to being set at a class reunion features a huge cast, but Daniels does a nice job of keeping everyone straight. I've been to the Gallatin Canyon and Big Sky area of Montana on numerous occasions and she writes the setting beautifully and realistically. The plot has some interesting twists, definitely a new take on the familiar theme of a family feuding over who inherits the ranch. If anything I think it would have benefited from being longer, so the romance could have been more developed. As is I never really felt the magic between Jordan and Liza because most of their scenes together involved the murder investigation and their personal relationship felt like a bit of an afterthought.
Basically, I can't fault the author for not writing the standalone romance I wanted to read. I assume I'd have a better feel for the characters and the ongoing plot lines if I'd read the first book in the series where Jordan and Liza originally meet, so I may not be giving that part of the book a fair shake. All in all, I think BJ Daniels fans will find much here to enjoy, especially if they're following this series. Those who like a book that's heavier on the intrigue and lighter on the romance will find it right up their alley, but I definitely recommend reading the series in order.
Kari Lynn Dell


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Access Card for Basics of Biblical Hebrew Interactive Workbook
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Product Description
Product Information
|Format: Paperback
Vendor: Zondervan
Publication Date: 2014
Related Products
Basics of Biblical Hebrew Workbook, Second EditionGary D. Pratico, Miles V. Van PeltZondervan / 2007 / Trade Paperback$16.99 Retail:4.5 Stars Out Of 5 2 Reviews
$24.99Save 32% ($8.00)
Basics of Biblical Hebrew Vocabulary - unabridged audiobook on CDGary D. Practico, Miles V. Van PeltZondervan on Brilliance Audio / 2014 / Compact disc$6.99 Retail:5 Stars Out Of 5 1 Reviews
$9.99Save 30% ($3.00)
Basics of Biblical Hebrew Video Lectures: A Complete Course for the BeginnerMiles V. Van PeltZondervan / 2012 / DVD$74.99 Retail:5 Stars Out Of 5 1 Reviews
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Basics of Biblical Hebrew Vocabulary CDGary D. Pratico, Miles V. Van Pelt, Jonathan T. PenningtonZondervan / 2006 / Compact disc$8.99 Retail:2.5 Stars Out Of 5 6 Reviews
$12.99Save 31% ($4.00)
Publisher's Description
The Access Card for Basics of Biblical Hebrew Interactive Workbook is only for students enrolled in a course at an institution that utilizes the Blackboard Learn platform™.
The Access Card for Basics of Biblical Hebrew Interactive Workbook provides users with entry into a collaborative tool for instructors and students, designed for use on the Blackboard Learn™ platform. As such, it is an ideal resource for students enrolled in schools (both college and graduate levels) utilizing Blackboard solutions for both on-campus and distance education. The workbook is integrated for use with Gary D. Pratico and Miles V. Van Pelts Basics of Biblical Hebrew Grammar, Basics of Biblical Hebrew Video Lectures (36 lessons), and Biblical Hebrew Laminated Sheet, all available separately. First published in 2001, Basics of Biblical Hebrew Grammar, now in its second edition, has consistently been rated as the most helpful introduction to the field.
Gary D. Pratico (ThD, Harvard Divinity School) is senior professor of Old Testament and Hebrew language at Gordon-Conwell Theological Seminary. He has been teaching Hebrew for more than thirty years and is coauthor with Miles V. Van Pelt of Basics of Basics of Biblical Hebrew (grammar and workbook) and The Vocabulary Guide to Biblical Hebrew.
Miles Van Pelt (PhD, Southern Baptist Theological Seminary) is the Alan Belcher Professor of Old Testament and Biblical Languages at Reformed Theological Seminary in Jackson, Mississippi, where he also serves as Academic Dean. Miles lives in Madison, Mississippi, with his wife, Laurie, and their four children.
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Tasting Panel Score
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|BevMo! La Quinta
|USD 10.99 $10.99 750ml
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|USD 10.99 $10.99 750ml
Francis Ford Coppola Chardonnay California Votre Santé 2010
Editorial Reviews for Francis Ford Coppola Chardonnay California Votre Santé
This is fresh and clean on the nose with a slight balsamic edge to the coffee toned black raspberry fruit. Sweet top notes of licorice and dried orange peel. This is round yet focused on entry, with a wonderfully raspberry fruit tone framed with soft tannins and lightly toasted oak notes. The balance here is really quite fine, and while this is a touch simple, it delivers really nice, pure and intense raspberry fruit. This turns a bit more cherry on the back end and gains some light herbal/floral notes on the moderately long, slightly oaky finish. This is not fancy but is quite attractive and will appeal to a very broad spectrum of palates. 90pts
Member Reviews for Francis Ford Coppola Chardonnay California Votre SantéAdd your review
Four and a half glasses
a bit too sweet for my taste
Three glasses
Crisp with peaches, apricots and pears. A touch of oak and a bit of vanilla. Tastes like a Chardonnay twice its price.
Candied cherries, a bit astringent and jammy, this leads up into a fairly balanced pinot that has some ripe fruit notes laced with a bit of black and red licorice. A succulent finish that lingers just the right amount of time...
Rich and creamy. Bright red berries, vanilla and floral favors. Tastes great with chicken and fish, also good on is own.
Such a full bodied wine with a hint of fruit flavor to finish.
External Reviews for Francis Ford Coppola Chardonnay California Votre Santé
Breaking News! Votre Sante 2012 Pinot selected as a Top 100 Best Buy of the Year in Wine Enthusiast Magazine!! Francis Ford Coppola's Votre Sante wines are a tribute to his grandmother, who though not French, would say 'Votre Sante' every time she toasted due to her being born in Tunisia. Under this label he produces the two Burgundy varietals, Chardonnay and Pinot Noir and they both represent super value! This Pinot is sourced from prime vineyards in Monterey, Carneros and Mendocino, great Pinot Noir growing regions. Temperature controlled fermentation is followed by aging in French oak barrels for 9 months. Wine Enthusiast Magazine scored it 90 points saying "The personality of Pinot Noir really comes through in this charming, medium-bodied, lighter-colored, aromatic offering from Coppola. It has the blend of nuances that remind us of cherry, herb and walking through a pine forest, and offers a tangy texture and fresh finish that lingers."
From Francis Ford Coppola, Votre Sante is California Chard with the balance and style of a wine from France. Partially barrel fermented and partially stainless steel fermented it's aged 6 months if French oak barrels. The alcohol is a tame 13.5% and it undergoes only a partial malolactic fermentation. With the elegant touch of an intricate die cut label, Votre Sante is a pretty wine in all respects and a super value. The 2009 was a 90-Point Best Buy in Wine Enthusiast Magazine who said "This statewide blend stands up well against far more expensive Chardonnays. It's rich and crisp in acidity, with tropical fruit, pear and peach flavors, as well as a generous coating of oak and buttercream."
A light, elegant palate and lovely perfume of strawberries, cloves, tea leaves, and violets. Its vibrant flavors of raspberries and cherries are highlighted by notes of vanilla and sandalwood, which makes for a nuanced wine that is both lively and versati
Striking a lovely balance between sweet fruit, zesty citrus notes and a spiced vanilla finish. This delivers a delicate perfume of peaches, lemons, and spiced pears along with luscious flavors of apples, pineapple, and toasted vanilla.
Made exclusively from cool-climate Monterey fruit that gives excellent balance to the warm flavors of sweet cherry and strawberry. It has a beam of underlying spice.
Winemaker's NotesWe source our Pinot Noir grapes from several vineyards in Monterey County. The cool Mediterranean climate that characterizes the region allows the grapes to develop full flavor maturity over an extended growing season. We pick the fruit in the early morning hours and bring the fruit inside for immediate crush and 48-hours of cold soak. This technique helps intensify the color and elicit more profound aromas. During fermentation, the grapes are punched down four times a day to extract the maximum amount of flavor and just the right amount of tannin. A majority of the wine is finished in stainless steel in order to retain the varietal's juicy fruit flavor and subtle color. A small portion is aged in small French oak barrels to impart delicate spicy nuances. The wines are then blended to create a medium-bodied, deliciously fruity Pinot Noir. 2009 was a great vintage for all California appellations and an excellent vintage for Pinot Noir. Light spring rains...
The Monterey vineyards where our Pinot Noir grapes are grown offer ideal sun exposure, which ensures ripe fruit for us to make a rich, complex, fruit-driven wine. Seductive aromas of plum and spice lead to black cherry, currant, and strawberry flavors, a plush texture, and an elegant finish. - Winery
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Tasting Notes:
Striking a lovely balance between sweet fruit, zesty citrus notes and a spiced vanilla finish, our 2010 Votre Santé Chardonnay delivers a delicate perfume of peaches, lemons, and spiced pears along with luscious flavors of apples, pineapple, and toasted vanilla.
Notes: 6 months in French oak barrels
Wine Specs:
|Alcohol: 13.5%
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text:
Discussion in 'Console & PC Gaming' started by mlbplayer456, Apr 29, 2008.
Wii, ps3, or Xbox 360?
For me i love the wii!
you just posted a thread just like this
in my opinion the N64 is the best invention of the 20th (and 21st) century
so uh, i voted other
PS3 and Xbox 360!
I dont know which to pick!
woot 199 post! one more post to go!
xbox 360 and wii!! Love gta4 and mario kart!
i know, i tried to change the other one cause i forgot to create a poll and it wouldnt let me edit it so i made a new one.
360 Ftw
For me I own a Wii and a ps3...I love both for very diffrent things...
I mainly use my ps3 for xvid video playback....While I use my wii to kill a hours of my life...If only ps3 had cheaper games I buy more but they dont...
My vote goes to the 360. Huge selection of games, and a superb online experience.
well we have 3 xbox's so i had to vote for that.Please Register or Log in to view images
Please Register or Log in to view images
Separate names with a comma.


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The If they CANCELED Work Tomorrow I'd be so happy meme was made with I would be so happy Craig meme generator.
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Selected fares from Allentown to Milwaukee
Flights from Allentown
Allentown Airport Information
Lehigh Valley International Airport (3311 Airport Road, Allentown) is the primary commercial passenger airport serving the greater Allentown area. The airport is roughly six miles from the downtown area and is easily accessible via Route 22. Use Orbitz.com to book one of the cheap flights from Allentown on Air Canada, AirTran, Allegiant, Delta, Frontier, U.S. Airways or United Airlines.
Lehigh Valley Airport Parking Information
Lehigh Valley Airport offers several types of parking to accommodate whatever your needs might be. You can park your car in the short-term, economy or long-term lots at cheap rates ranging from $9 to $22 per day or $54 per week. When you book your flight through Orbitz.com, you just might save enough money to warrant paying the additional $15 fee to use the airport's valet parking service.
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Travelers who prefer to leave their car at home have plenty of options for transportation to the Lehigh Valley airport. A private car or limousine is the ultimate in airport transportation, and the fees are generally less than $20 per person, depending on the number of passengers. Taxi service costs roughly the same, and both types of transport will get you from downtown Allentown to the airport in less than 10 minutes. Don't forget to check your flights on Orbitz.com before heading to the airport.
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Flights to Milwaukee
Milwaukee Airport Information
Looking for bargain tickets for flights to Milwaukee? Orbitz.com can help you find cheap flights to suit your schedule and budget. You will land at General Mitchell International Airport, located at 5300 South Howell Avenue. It is about eight miles from the airport to downtown Milwaukee. General Mitchell services eight popular airlines: Air Canada, AirTran, American Airlines, Delta, Frontier, Southwest, United and US Airways. While at the airport, try visiting the Gallery of Flight, a nonprofit aviation museum.
Transportation from Milwaukee's General Mitchell Airport
There are several ways to get from the airport to downtown Milwaukee. The airport houses a variety of car rental services. Taking the airport shuttle to the city center takes about 15 minutes and costs $52 for a group of four. Public transit options are also available: take either the Green Line or Route 80 to reach downtown. Orbitz.com offers flights to Milwaukee at low prices, so you'll have more for transportation once you get to the city.
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Milwaukee typically has warm summers and cool winters. Temperatures reach into the high 70s in July and August and usually dip into the 20s in the winter. Summers are humid with regular precipitation, and winters receive lake effect snow from Lake Michigan.
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Milwaukee features attractions to serve a variety of interests. Adults will enjoy visiting Harley-Davidson's headquarters and the MillerCoors brewery, while kids will love Discovery World and the Betty Brinn Children's Museum. Visit during early July for Summerfest, or take in the city's art museums and historic basilicas. Since many attractions are indoors, Milwaukee is great to visit any time of year. Whatever you will be exploring in the city, Orbitz.com can help you find your bargain tickets for flights to Milwaukee.
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Flights from Cities near Allentown
Flights to Cities near Milwaukee
Other Flights to Milwaukee
- New York to Milwaukee
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- Allentown to Chicago
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- Allentown to Orlando
- Allentown to Anchorage
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Now it eventually happens
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Description: With a latest boob job this teeny looks so fleshy even the fellow who has a gf cannot fight back the seduction to nail her. She always dreamed to perceive his gigantic rigid bone deep inwards and now it eventually happens. On top, from behind, dirty facial cumshot.


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Home >> Write >> Real Estate >> Selling Real Estate >> Getting Your Home Ready >> Home Improvement
Home Improvement
Home Improvement - Get the best value for your home for sale by doing a few repairs
I know what you're thinking – why should I renovate or repair my home when I'm not going to be living there for much longer? Well, the first thing that you have to do is start to look at your home differently. While you may have a lot of sentimental memories in your home, your home is also a product and you are a businessman. The best way to promote your home is to make sure that it is in great condition. Just like how you wouldn't buy a toy that is dirty and broken, homebuyers are not going to buy a home for sale if it is in terrible shape. Even if your home is in great condition, with a touch of some home improvement, you will be amazed by how quickly your home will sell. Home improvement for your home for sale can take shape in a number of ways. It can be as simple as changing your lights to a more energy efficient kind or it can be as large as installing a pool.
How much home improvement you want to do for your home is up to you. After all it depends on how much money you are able to spend on home renovations and how much time you can commit. One of the best ways to improve your home is to start with its paint. The first thing that people can't help but notice is your home's paint job. To attract prospective homebuyers, it is highly recommended that you use light, neutral colors for painting. Additionally, make sure all those creaks in your home are fixed. There is nothing for you to gain by leaving loose doorknobs, leaky faucets, and damaged roof shingles in your home. Just a couple of minor home repairs may not do wonders for your home's market value but it will help you sell your home quicker.
If you are considering doing some renovations, make sure that you think clearly about what areas in your home are best served with some home improvement. Of course, if any of your rooms have a major deficiency, they should have top priority. However, if you are just looking to upgrade your home's market value, it is highly recommended that you renovate your bathroom. As you are undoubtedly personally aware of, you spend a great proportion of your time in your bathroom. A new shower with excellent water pressure is definitely an attraction for homebuyers.
Another room in your home that could be ripe for home improvement is your kitchen. While in some cases older means more attractive, this does not apply to your kitchen. Homebuyers want to have a top of the line kitchen and you can expect to have a greater return by renovating these rooms when compared to other home repairs. Before you run out to Home Improvement Stores in your area, here are some other recommended renovations that are known to help your home's market value. Changing your home's heating system and making your home just more energy efficient is becoming an increasing expectation from prospective homebuyers. Also, if you find that your home is a bit small, you may want to think about adding an extra room that could be used as an office or a recreation room.


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March 20, 2012
LENA JOHNSON, ET AL., PLAINTIFFS,v.DISTRICT OF COLUMBIA, DEFENDANT.
This case was referred for all purposes. Currently pending and ready for resolution is Plaintiffs' Motion for Summary Judgment [#14]. For the reasons stated below, plaintiffs' motion will be granted in part and denied in part.
Plaintiffs in this case are 1) Lena Johnson, the parent of E.J., and 2) Brenda Smith, the parent of B.S. [#14-1] at 2. Both children were previously diagnosed with disabilities and awarded special education services pursuant to the Individuals with Disabilities in Education Act, 20 U.S.C. § 1400, et seq.*fn1 ("IDEA"), which guarantees all children enrolled in the District of Columbia Public Schools ("DCPS") system a free and appropriate education ("FAPE"). Id. Administrative proceedings were brought on behalf of both children and both prevailed. Id. They then sought and were awarded attorney's fees by another judge of this Court, Gladys Kessler, in the case of Cox v. District of Columbia, No. 09-1720 (GK). Id.
Plaintiffs now seek reimbursement of attorney's fees incurred after the filing of the Cox case and, to that end, have moved for summary judgment. [#14-1] at 2. The amount in controversy, however, is not great. In the E.J. case, the defendant has paid all but $1,333.38 and in the B.S. case, only $827.34 is sought, for a total of $2,160.73. Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Summary Judgment [#15] at 13.
Under Rule 56 of the Federal Rules of Civil Procedure, "[t]he court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a). The defendant does not claim that there are any genuine issues of material fact but raises two issues of law: 1) that the rates sought for the services rendered are too high, and 2) that Elizabeth Jester, counsel for the plaintiffs, is attempting to recover, at hourly rates for legal services, reimbursement for clerical tasks that should be absorbed as overhead.
Specifically, the DCPS balks at paying plaintiffs' counsel's present hourly rate of $450 an hour for her time after January 1, 2010 through to the present. See [#14-1] at 8. Rather, it has indicated generally that it will pay lawyers at the rate of $300 per hour in IDEA cases. Defendant's Statement of Material Facts as to Which There is No Genuine Issue [#15-3] ¶ 1. The defendant also refuses to pay anything at all for the following tasks: 1) reviewing a file to prepare for an IEP meeting in one of the cases, 2) preparing a fee petition in both cases, and 3) reviewing the fee petition in both cases. See [#15-5] at 2; Defendant's Praecipe Clarifying its Contentions that Plaintiffs are Not Due Reimbursement for Certain Work Performed [#19] at 2. Additionally, the defendant refuses to pay Jester for writing a "case close letter" to her client in the B.S. case. See [#15-5] at 2.
I. Legal Standard
Pursuant to the IDEA, the Court "in its discretion, may award reasonable attorneys' fees as part of the costs . . . to a prevailing party who is the parent of a child with a disability." 20 U.S.C. § 1415(i)(3)(B). The statute further provides that "[f]ees . . . shall be based on rates prevailing in the community in which the action or proceedings arose for the kind and quality of services furnished." 20 U.S.C. § 1415(i)(3)(C). The movant must therefore demonstrate 1) that he is the prevailing party, and 2) that the attorneys' fees sought are reasonable.
In order to qualify as a prevailing party, there must be an "alteration in the legal relationship of the parties" and this alteration must be the result of formal judicial action. Lopez v. District of Columbia, 383 F. Supp. 2d 18, 21 (D.D.C. 2005) (quoting Buckhannon Bd. and Care Home, Inc., v. West Virginia Dep't of Health and Human Res., 532 U.S. 598, 605-06 (2001)).
Determining the reasonable rate is not as straight forward. "The most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate" in order to arrive at the total or "lodestar" amount. Hensely v. Eckerhart, 461 U.S. 424, 433 (1983). "[A] fee applicant's burden in establishing a reasonable hourly rate entails a showing of at least three elements: the attorneys' billing practices; the attorneys' skill, experience, and reputation; and the prevailing market rates in the relevant community." Covington v. District of Columbia, 57 F.3d 1101, 1107 (D.C. Cir. 1995).
II. Analysis
A. Plaintiffs were Prevailing Parties
Defendant does not contest plaintiffs' status as prevailing parties in this matter. See generally [#15]. Thus, the only issue before the Court is whether the fees plaintiffs seek on behalf of their counsel are reasonable.
B. Plaintiffs' Counsel's Fees are Reasonable
1. Jester's Billing Practices
In the matter currently before the Court, Jester charged hourly rates that are below Laffey rates.*fn2 [#14] at 8. Furthermore, in Jester's declaration, she states that it has been her practice to charge either current or below market rates for her services and that Judges Friedman, Lamberth, Bryant, Sullivan, and Kessler have found those rates to be reasonable in other IDEA cases. [#14-4] at 4-5.
2. Jester's Skill, Experience, and Reputation
Jester's skill and experience in the area of special education is well documented. She received her law degree in 1980 from Catholic University School of Law. [#14-4] at 1. She has specialized in children's rights issues since entering private practice in 1997 and has spoken at numerous conferences and seminars on a variety of issues relating to children. Id. at 3. She has also taught CLE courses relating to special education issues. Id. Additionally, she has represented numerous clients in the field of special education both at the administrative as well as local and federal court levels. Id.
Finally, Jester serves on a panel of attorneys approved by the D.C. Superior Court Family Division to accept special education attorney appointments. [#14-4] at 2. She also teaches new special education attorneys at a training program sponsored by the D.C. Public Defender Services. See generally [#14-4].
3. Prevailing Market Rates
Although, as defendant notes, use of the Laffey matrix to determine reasonable hourly rates in IDEA cases is not automatic, numerous Judges in this Court have relied on it as an appropriate starting point for determining rates of reimbursement for attorneys who challenge the decisions of the DCPS. Thus, at least where the issues are complex, the full Laffey rate has been awarded by some members of this Court.*fn3 See A.S. v. District of Columbia, ___ F. Supp. 2d ___, 2012 WL 291349, at *7 (D.D.C. 2012) (awarding Laffey rates upon finding that the hearing lasted four days, there were 105 proposed exhibits, there were ten witnesses, and the hearing officer's determination was 28 pages long); Bucher v. District of Columbia, 777 F. Supp. 2d 69, 74 (D.D.C. 2011) (awarding Laffey rates upon finding that the hearing lasted four days, there were 42 proposed exhibits, and there were twenty one proposed witnesses); Jackson v. District of Columbia, 696 F. Supp. 2d 97, 102 (D.D.C. 2010) (noting that an IDEA administrative proceeding that requires expert testimony is sufficiently complex to warrant application of Laffey matrix).
Where the issues are not complex, in that there are "no pre-hearing
interrogatories or discovery, no production of documents or
depositions, no briefings of intricate statutory or
constitutional issues, no pre-trial briefings, no lengthy hearings, no
protracted arguments, and few, if any, motions filed,"*fn4
some judges have concluded that use of the Laffey matrix is
not appropriate, and instead, have awarded some fraction of the Laffey
rate. See Wright v. District of Columbia, No. 11-CIV-0384, 2012 WL
79015, at *4 (D.D.C. Jan. 11, 2012) (awarding three-quarters of the
Laffey rate because there was no evidence that the administrative
hearing presented a novel legal issue or was in any way more complex
than most hearings); Cousins v. District of Columbia, No. 11-CIV-384,
2012 WL 79015, at *5 (D.D.C. Jan. 11, 2012) (awarding three-quarters
of Laffey rate because case involved a routine administrative
proceeding and the time spent preparing for hearing was nominal);
Rooths v. District of Columbia, 802 F. Supp. 2d 56, 63 (D.D.C. 2011)
("Like most IDEA cases, the claim on which the plaintiff prevailed in
this action involved very simple facts, little evidence, and no novel
or complicated questions of law . . . . The Court therefore will award
fees at an hourly rate equal to three-quarters of the USAO Laffey rate
. . . .").
In Cox v. District of Columbia, the case from which this one stems, Judge Kessler unequivocally held that the proceedings for E.J. and B.S. were both sufficiently lengthy and complex to warrant use of plaintiffs' proposed rates:
Moreover, Defendant's claim that B.S. and E.J.'s hearings were "uncomplicated" is absurd, given any reading of the comprehensive decisions by the two Hearing Officers in these cases demonstrates . . . . In B.S.'s case, it took nearly two years--which included a suspension from school and a two-week stay in a psychiatric hospital--and a hearing with sixty-five documentary exhibits, four witnesses, and written closing statements to obtain an order forcing DCPS to provide desperately needed treatment and educational assistance . . . . As for E.J., it took more than seven months and a hearing with fifty documentary exhibits, four witnesses, and written closing statement to obtain a ruling that would, hopefully, provide the help that E.J.'s [Multidisciplinary Team] made clear was needed.
Cox v. District of Columbia, No. 09-CIV-1720 (GK), Memorandum Opinion [#18] at 20-21.
This Court has no reason to conclude otherwise in this case. Indeed, it would be irrational for me to reach a contrary conclusion in the absence of an argument by the defendant that Judge Kessler erred in her conclusion that, in light of the complexity of the case and the nature of the services provided, plaintiff's counsel rate of $400 per hour was reasonable. In addition, there is no reason to conclude, on this particular record, that Jester's representation of her hourly rate is untrue and does not accurately reflect what her clients would pay her if they were able to do so. Furthermore, it is important to recognize that more is needed in these cases than a simple Goldilocks approach--this rate is too high, this one is too low, this one is just right. These cases all involve the same problem--balancing the burden on the public fisc and making sure that reimbursement rates are high enough to attract competent counsel.
Fee shifting statutes create "private attorney generals" who enforce statutory rights to accomplish a governmental goal. This Court would certainly welcome a detailed review by the defendant, supported by statistical and economic analyses, that would lead to a principled approach to determining a rate that would serve all the admittedly valid competing interests. The defendant does not offer such a review but instead states that "this Court has determined that the rate published in the DCPS Guidelines for the Payment of Attorney Fees in IDEA matters [i.e. $300] [is] reasonable and the appropriate rate of compensation for this type of litigation." [#15] at 8. In support of this statement, defendant cites Agapito, 525 F. Supp. 2d at 152.
First, there is no such thing as "this Court" in the sense of a judicial body that issues a decision that binds the judges of that court until the court, en banc, reverses that decision. A District Court is comprised of individual judges who reach decisions that are not binding on any one else. That Judge Collyer concluded in Agapito that the services provided in that case did not justify the Laffey rates does not make her decision the opinion of "this Court." Thus, unless the defendant is ready to prove by statistical, economic or other evidence to include, perhaps, expert testimony, that $300 per hour strikes a fair balance between the burden on the public fisc and the need to attract competent counsel and that anything more is not a reflection of the actual market, these cases will become a meaningless exercise between plaintiffs, who will cite those cases that support use of the Laffey rate and the defendant, who will cite those that do not.
Until a more scientific approach is taken, I will not quarrel with the conclusion of Judge Kessler, based on the representation of counsel of her hourly rate, that she be reimbursed 1) at a rate of $400 per hour for work performed by Jester through December 31, 2009, and 2) at a rate of $125 per hour for all paralegal staff. [#14-1] at 8. I further find, however, that the upward adjustment from $400 to $450 for work performed in 2010 is not justified. The economic reality underlying the Laffey matrix is that legal services, like all other goods and services, increase in cost and that the consumer price index is a reliable indicator of how much the cost of services increases each year. In 2010, the Laffey rate increased from $465 to $475. I will use the same adjustment and use a rate of $410 for the services rendered in 2010.
4. Plaintiffs' Counsel May Be Entitled to Reimbursement for the Services Defendant Claims Are Clerical In addition to objecting to the rate of reimbursement plaintiffs seek, defendant also contends that reimbursement at the attorney's rate is not appropriate for clerical services. With regard to work performed on E.J.'s case, defendant argues that the following items should not be reimbursed:
Hours Amount 2/24/10 Review file to prepare for IEP meeting .50 $225.00 5/14/10 Prepare petition for attorney's fees and .30 $37.50 costs (paralegal)
Review petition for attorney's fees .30 $135.00 TOTAL $397.50*fn5 Defendant's Praecipe Clarifying its Contentions that Plaintiffs are Not Due Reimbursement for Certain Work Performed [#19] at 2.
With regard to work performed on B.S.'s case, defendant identifies the following items as non-reimburseable:
Hours Amount 3/26/10 Prepare petition for attorney's fees and .50 $62.50 costs (paralegal)
Review petition for attorney's fees .30 $135.00 Case close letter to B. Smith and K. Smith .40 $180.00 TOTAL $377.50
[#15-5] at 2.
This Court previously addressed this issue in Lopez v. District of Columbia, 383 F. Supp. 2d 18 (D.D.C. 2005), noting that "[t]his Circuit has addressed the question of whether clerical work is compensable and has concluded that Congress never intended for clerical billings to be included in attorneys' fees and that such services are 'generally considered within the overhead component of a lawyer's fee.'" Id. at 25 (quoting In re Olson, 884 F. 2d 1415, 1426-27 (D.C. Cir. 1989)). In Lopez, however, the issue was whether it was appropriate to reimburse plaintiff's counsel for time spent filing documents on the Court's electronic case filing system or "ECF," a task which is clearly clerical. Lopez, 383 F. Supp. 2d at 25. Accord Baker v. District of Columbia Public Schools, ___ F. Supp. 2d ___, 2011 WL 4507251, at *4 (D.D.C. 2011) (holding that preparing, tabbing, updating, and filing documents were clerical tasks).
Reviewing a file in preparation for an IEP meeting may or may not be clerical. If it involves a lawyer's substantive review of the issues in preparation for the hearing, it obviously is not. If the review simply entails making sure that all the necessary files are organized and ready for the hearing, the task is clerical and the kind of thing that does not require a lawyer's skill or judgment.
Similarly, reviewing the fee petition may mean either reviewing the petition to make sure that entries are accurate (clerical) or it may mean determining whether to exercising any billing discretion (non-clerical). Just about anyone could do the former but the latter requires a lawyer's judgment or skill.
With regard to the drafting of case close letters, communicating with one's client is an important part of a lawyer's responsibility, fulfilling the ethical responsibility a lawyer has to keep her client informed. See D.C. Rules of Professional Conduct 1.4.
According to Jester, "[w]ith the exception of the limited engagement of Mery Williams for the preparation of attorney fee petitions as set forth above, I have no support staff, secretary or paralegal. . . . I am the only one who performs work on my cases on behalf of my clients." [#14-4] at 6-7. While that is so, it does not follow that everything that Jester does is ipso facto to be compensated at her hourly rate for actions that could and should have been done by non-lawyers were she at a larger firm. It is illogical to make the legitimacy of the rate charged to be a function of whether the lawyer is a solo practitioner or in a large firm with secretaries and paralegals, when the nature of the work is the same no matter who does it.
Unfortunately, it is impossible on this record to resolve whether the tasks were the kind of tasks that required a lawyer's skill or the kind that are ordinarily delegated to clerks. I will therefore give Jester an opportunity to tell me, in a brief supplemental submission, due by March 30, 2012, what specifically Jester was doing in the disputed entries and whether the work required a lawyer's skill and judgment or whether those duties would have been delegated to clerks had she practiced in a firm that employed clerks or secretaries.
5. Plaintiffs' Counsel Should be Reimbursed for other Non-Professional Services
Second, defendant argues that plaintiffs should not be reimbursed in full for "routine costs and expenses that are part of counsel's overhead." [#15] at 12. In this category, defendant places costs such as travel time and photocopying. Id. For tasks performed on E.J.'s case, defendant argues that the following items should be reimbursed not at the rate shown below, but at a discounted rate:
Quantity Amount 5/14/10 Copies (0.25 per page) 137*fn6 $34.25 Postage 1 $1.03 Mileage (0.558 per mile) 42 $23.44 9/09-12/09 Fax (0.25 per page) 3 $.75 Photocopies (0.25 per page) 457 $114.25 Postage 1 $3.25 Mileage (0.558 per mile) 122 $71.37 TOTAL $248.34 [#19] at 2-3.
For tasks performed on B.S.'s case, defendant argues that the following items for the period from September 3, 2009 through March 26, 2010 should be reimbursed at a lesser rate than that claimed by plaintiffs below:
Quantity Amount
Postage 1 $2.27 Photocopies (0.25 per page) 71*fn7 $17.75 Mileage (0.558 per mile) 76 $42.41 TOTAL $62.43 With regard to reimbursement for faxing and photocopying costs incurred by plaintiffs' counsel, judges of this Court have concluded that the defendant must pay them. See McClam v. District of Columbia, ___ F. Supp. 2d. ___, 2011 WL 3891809, at *5 (D.D.C. 2011) ("Costs for copying, faxing, and postage are customarily included in fee awards in IDEA litigation"); Holbrook v. District of Columbia, 305 F. Supp. 2d 41, 46 (D.D.C. 2004) ("The costs Plaintiffs claimed, e.g., copying, faxing, and postage, are traditionally considered part of a reasonable attorney's fee."). There is no justification, however, for the rate sought. Just last September, Judge Collyer concluded that $0.15 per page rate for photocopies, the same rate defendant allowed in another IDEA case, was reasonable. As there is no indication that Jester paid $0.25 per page to a vendor for copying, the $0.15 rate will suffice for both faxes and photocopies.
With regard to reimbursement of mileage charges, judges of this Court have concluded they may be reimbursed if routinely billed by the attorney. McClam, 2011 WL 3891809, at *5 (citing New York v. Microsoft Corp., 297 F. Supp. 2d 15, 47-48 (D.D.C. 2003)). Time spent traveling is time that is not spent doing billable work and, in my experience, lawyers traditionally charge their clients for travel when they are doing so for their client's business.*fn8 Moreover, everyone, including lawyers, has to buy Metro tickets or pay for gas and parking when they travel. Jester does not seek her hourly rate but the mileage permitted by the federal government when, for example, a federal employee, uses his own car to drive to a destination for work. See Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion for Summary Judgment [#16] at 9. Furthermore, according to Jester, she was reimbursed by Judge Kessler for her mileage charges. Id. at 8. This Court will do the same.
6. Whether Plaintiffs Should be Awarded Prejudgment Interest Requires Further Briefing
If the law of the District of Columbia applies to the issue of the award of pre-judgment interest on attorney's fees under the IDEA, whether pre-judgment interest should be awarded is controlled by the application of D.C. Code § 15-109, rather than D.C. Code § 15-108. The latter statute applies only when the debt is liquidated. Here, the parties differed on the appropriate rate and whether certain charges are appropriate. Thus, the amount at issue is unliquidated, or not easily ascertainable, and thereby falls under § 15-109. Aon Risk Servs., Inc. v. Estate of Coyne, 915 A.2d 370, 379 (D.C. 2007) (citing Athridge v. Iglesias, 382 F. Supp. 2d 42, 49 (D.D.C. 2005)). See also Fudali v. Pivotal Corp., No. 03-CIV-1460, 2009 WL 1617096, at *5-6 (D.D.C. June 9, 2009). Section 15-109 provides:
In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. This section does not preclude the jury, or the court, if the trial be by the court, from including interest as an element in the damages awarded, if necessary to fully compensate the plaintiff.
D.C. Code § 15-109.
To date, the District of Columbia Court of Appeals has allowed pre-judgment interest, under D.C. Code § 15-109, in both contract and conversion actions, but it is unclear whether it will be permitted in a negligence action. See Athridge, 382 F. Supp. 2d at 53. There is no specific statutory authority that would permit the award of pre-judgment interest against the District of Columbia on an amount due pursuant to a fee-shifting statute, where the money comes from a public treasury.
By the same token, two 2011 opinions of the D.C. Court of Appeals*fn9 indicate that, under the common law, courts may award pre-judgment interest. However, there is no indication yet whether this power may be exercised against a sovereign to reach funds not appropriated for that purpose. See G. v. Fort Bragg Indep. Sch., 324 F.3d 240, 256 (4th Cir. 2003). Awarding pre-judgment interest may significantly increase the burden on the District of Columbia without a concomitant increase in the appropriation to pay the final judgments in these IDEA cases.*fn10
Ultimately, I find that the briefing by both parties is inadequate. Accordingly, if plaintiffs wants to press their claim for pre-judgment interest, then they must submit a supplemental brief that addresses the following issues:
1. Does District of Columbia law, whether D.C. Code § 15-109 or the common law power to award pre-judgment interest, apply to IDEA cases where the court's jurisdiction is based on cases involving federal questions?
2. Assuming District of Columbia law applies, does it apply with equal force to the District of Columbia as defendant or does the concept of sovereign immunity apply to bar an award of pre-judgment interest against it?
3. If District of Columbia law does not apply, is there any provision in the IDEA that justifies the award of pre-judgment interest against the District?
4. Whatever the source of authority, how should the court determine the date on which pre-judgment interest begins to accrue?
I appreciate that, given the amounts at issue, plaintiffs may conclude that spending additional time and effort on securing pre-judgment interest is not worth it. In fairness, I must indicate that I will not award attorney's fees for the work done answering my questions if plaintiffs fail to convince me of their entitlement to pre-judgment interest. Thus, plaintiffs will either have to file the supplemental submission I am requiring by March 30, 2012 or advise me in writing by March 23, 2012, that they will not be pursuing pre-judgment interest. In the meanwhile, I will enter judgment in the amount of $244.70 with the understanding that I may enter a supplemental judgment if necessary. If plaintiffs file a supplemental submission, defendant must file their response by April 13, 2012, and plaintiff shall have until April 20, 2012 to reply thereto.
In the meanwhile I will direct the Clerk to enter judgment for plaintiffs, calculated as follows:
Client / Category Dates work Hours Rate Amount Rate Amount Invoice performed Sought Sought Awarded Awarded # by Court by Court E.J. / Jester's 7/20/2009- 20.6 $400/hr $8,240 $400/hr $8,240.00 #11108 Attorney's 12/24/2009
Client / Category Dates work Hours Rate Amount Rate Amount Invoice performed Sought Sought Awarded Awarded # by Court by Court
Preparation 12/29/2009 0.5 $125/hr $62.50*fn11 TBD*fn12 TBD of Fee Petition Review of 12/29/2009 0.4 $400/hr $160.00 TBD TBD Fee Petition Faxes (3) n/a n/a $0.25/pg 0.75 $0.15/ 0.45 pg
Copies n/a n/a $0.25/pg 114.25 $0.15/ $68.55 (457) pg Mileage 9/1/2009 n/a $0.585/ $71.37 $0.55/ $67.10 (122) 11/16/2009 mile*fn13 mile
E.J. / Jester's 1/5/2010 - 11 $450/hr $4,950.0 $410/hr $4,510.00 #10008 Attorney's 3/30/2010 0
Preparation 2/24/2010 0.5 $450/hr $225.00 TBD TBD for IEP Meeting
Preparation 5/14/2010 0.3 $125/hr $37.50 TBD TBD of Fee Petition Review of 5/14/2010 0.3 $450/hr $135.00 TBD TBD Fee Petition Copies n/a n/a $0.25/pg $34.25 $0.15/ $20.55 (137) pg Mileage 2/23/2010 n/a $0.558/ $23.44 $0.5/ $21.00
(42) mile mile B.S. / Jester's 9/3/2009 - 6.4 $400/hr $2,560 $400/hr $2,560 #11148 Attorney's 12/15/2009
Fees (same) 1/5/2010 - 9.8 $450/hr $4,410 $410/hr $4,018.00
Preparation 3/26/2010 0.5 $125/hr $62.50 TBD TBD of Fee Petition Review of 3/26/2010 0.3 $450/hr $135.00 TBD TBD Fee Petition Case Close 3/26/2010 0.4 $450/hr $180.00 TBD TBD Letter Copies n/a n/a 0.25/pg $17.75 0.15/pg $10.65
Mileage 1/6/2010, n/a 0.558/ $42.41 0.5/ $38.00
(76) 3/16/2010 mile mile Total $19,554.30
The following summary is based on the above calculations:
Total Amount Awarded by Court $19,554.30 Less Total Amount Already Paid by DCPS $19,309.60 Date Check No. Invoice Client Amount
No. 4/19/2010 150 11108 E.J. $6,251.80
005205887 (same) 150 10008 E.J. $1,106.58
005205887 (same) 150 11148 B.S. $1,652.32
Total $19,309.60 Total Amount Due Plaintiffs $244.70
An Order, which directs the Clerk to enter judgment in the amount of $244.70, accompanies this Memorandum Opinion.
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Family snapshot time. This is my older bro, Mel McGowan, President of Visioneering Studios. They are one of the most innovative design firms around and were awarded best Church Architects of 2008 & 2009. They also donate their time to help communities oversees such as Cambodia and the Philippines.
This shot was taken as we were leaving Oak Alley Plantation. These oak trees were believed to be planted by the french in the 1700 about 100 years prior to the sugar Platation. The film interview with a vampire was filmed at this plantation house.
Some people say the bokeh of the 1.8 is ugly because it is not as smooth as the 1.4....but I kind of like it. My brother stood in as I could't find any supermodels walking around.
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$0.67 each
The 16 oz. Mayo jar is an American classic. This extremely versatile and popular jar is a great vessel for packaging gourmet food, gifts-in-a-jar and fun scented candles.
Sold in cases of 12
Height: 5-1/4"
Diameter: 2-3/4"
Wax weight: 12.5 oz.
If you are using the hot water bath method of canning, you must use the High Heat lid.
|0.6250 lbs
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