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Really? Liberals plan on touting ObamaCare as a good thing too. Should be an epic fail for them.
Check it out:
"No, absolutely not," the November midterm election is not a referendum on President Obama and his policies, Democrat Party Chair Rep. Debbie Wasserman Schultz (D-Fla.) told NBC's "Meet the Press" on Sunday.
"[T]hese elections, particularly the Senate elections, are referendums on the candidates running," she said.
Asked about vulnerable Democrats who have criticized President Obama's flawed healthcare law, Wasserman Schultz said they are running their own race.
"They have to talk about and focus on the issues that are important to their constituents. And what's also true is, if you look at the success rate and the track record of these incumbent members — Mark Pryor, Mary Landrieu, Mark Begich — they are all ahead of any of their Republican opponents.Continue reading on cnsnews.com


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Here at Crieff Hydro, we're whizzes at creating just the right environment to get the very best out of your team. That's why we've created a fun teambuilding package to help you get to know your colleagues, build relationships, develop confidence, and encourage collaboration.
Located under an hour from Edinburgh, Glasgow and Dundee, Crieff Hydro and its 900 acre estate offer the perfect space to think, get creative, and inspire.
You can choose to start your day with a team catch-up or meeting, before heading-off for an afternoon of bespoke activities at our onsite activity centre Action Glen. Then round off your day with a BBQ, or a private dining experience; we'll even throw in some complimentary upgrades for you and your VIPs.
Or, enjoy a day away, rather than a stay away from only £53pp inclusive of morning meeting package, half day activity and a soup and sandwich lunch.
Just an hour from Edinburgh, Glasgow and Dundee, we're centrally located and easy to reach. And if you'd like us to arrange transport from the local train or bus station, or even from your office, just let us know and we'll organise it for you.
There's no hiding behind a laptop for our meetings and events team. Expect hands-on attention whenever you need us. We've successfully delivered a number of events over the years, and like to think of ourselves as both knowledgeable and passionate when it comes to planning and organising events of all shapes and sizes.
Enquire now
Terms: Teambuilding packages available throughout 2016. Tuesday to Friday package excludes Friday night stays. Subject to availability, excluding school holidays and festive dates.
Keep in the loop with all our news and offers
Meetings & events
Find out more
What's happening at Crieff Hydro? Get our latest news and special offers - plus take part in exclusive competitions.
Get updates, offers and more:

subset: commoncrawl


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Other Waste Services in the Mildura Rural City Council area
Below is more information from your local Council to help you further reduce your waste and impact on our environment.
Around Again located at Mildura Landfill sells second hand goods, donated by the public.
Contact details
Contact: Building and Environmental Services
03 5018 8475


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Cosplay fans get dressed up with Wondercon in mind
After four years in Anaheim, WonderCon, an annual comic book, science-fiction and motion picture convention, will be held at the Los Angeles Convention Center from Friday through Sunday. But the change of venue won't stop O.C. cosplayers from attending.
Cosplay, short for costume play, refers to dressing up to represent a character, usually from anime, video games, films or television series.
Local cosplayer and high school student Abby Goldsmith, who goes by Charlotte Sinclair in costume, is president of the cosplay club at Orange County School of the Arts. She became interested in it after attending Comic-Con with her family for several years.
"One year I thought, 'Hey, since everyone else dresses up, maybe I should too,'" Goldsmith said.
Using mostly thrift store finds, she dressed up as Link from the "Legend of Zelda" video game franchise, and her love for cosplay was born.
Ashley Howe, a model and fellow O.C.-based cosplayer, said, "I have always been into costuming and dress-up. I loved spirit days at school since it gave me an excuse, other than Halloween, to try my hand at putting together fun outfits. At 16, I attended my first renaissance fair, and that opened up my eyes to a whole new world of costuming."
Cosplay is not the same as merely dressing up for Halloween or an '80s night party.
"Cosplayers have a love-hate relationship with Halloween," Goldsmith said. "I consider cosplay to be an art form, focused on perfectly replicating even the smallest details on a particular character, and is usually pretty delicate and needs to be handled with love."
Howe adds, "I would say for most people – key word, 'most' – Halloween isn't as labor-intensive as cosplaying. It can take months or even a year to make certain cosplays come to life."
Get online. YouTube users offer tutorials on how to create characters. You can find a ready-made costume or even commission a custom one on Etsy. Tutorials are also available on deviantart.com and Tumblr.
Do your research. Make a list of supplies and determine what you can make from scratch and what you need to buy. Make sure the costume is safe – no fire hazards, sharp objects or features that can make you trip. Also, consider the rules of the cosplay event you are attending.
Try it on as you go. Make sure your costume fits along the way as many times as possible and figure out how to move in it.
Debut your costume. Make the short trek to WonderCon or another convention, or just do a photo shoot with friends.
Find fellow cosplayers
Check out Instagram, Facebook or Meetup. Or attend a convention such as WonderCon, Long Beach Comic-Con, Stan Lee's Comikaze Expo, or San Diego Comic-Con.
Just because it's animated doesn't mean it is kid-appropriate. Monitor what manga and anime your kids watch; some have adult themes. Cosplaying, likewise, can sometimes get saucier than a parent might imagine.
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ING pulls IPO plans for insurance and investment
ING, the Dutch financial services group, has cancelled plans to list its European and Asian insurance and fund management operations as one entity, illustrating the challenges European banks are facing in making disposals in turbulent markets.
ING is still planning to split off its insurance and fund management arms from the bank, but its IPO plans have now changed. It had been preparing for two listings - one for its US insurance-and-funds business, and one for its similar operation in Europe and Asia.
The US listing is still to go ahead as planned. But ING said this morning it will no longer be including the Asian business in the Europe/Asia IPO. Jan Hommen, chief executive of ING, said in a short statement this morning that the bank would "explore other options" for this business.
Analysts welcomed the move as positive. Duncan Russell and Ashik Musaddi, analysts at JP Morgan Cazenove, wrote: "It implies the potential for trade sales which should mean a higher price and a more rapid exit."
They added: "[The Europe/Asia business] would still be too diversified, the Asian business is we think worth more to another player than to ING, there is a neat structure in having a pure European business, and the European business could redeploy the capital in a consolidation strategy in the Netherlands and central and Eastern Europe where we anticipate opportunities, and capital is generally scarce."
In its statement, ING added that "preparations for a standalone future" for the European insurance and investment-management businesses would continue - and that this would still include the possibility of a public listing.
ING's divestment programme is a quid-pro-quo for the bailout it got from the Dutch state in 2008, with the proceeds being used to repay the government. Brokerage KBC Securities said this morning that it doesn't expect these repayments to be jeopardised by the change of plans.
Selling its Asian insurance operations "shouldn't present a problem", KBC added, according to a report from Dow Jones Newswires. ING's share-price was up this morning, by 6.1% to €6.36 as of midday UK time.
ING Investment Management, the funds unit, is the principal fund manager for the insurance businesses and is based in Europe under the leadership of Gilbert van Hassel. The bank's plans to split off the US business involved the loss of €121bn of ING IM's €330bn under management - the bank said in November the "operational disentanglement" of these two businesses was on course to be complete by the end of 2011.
Now that the Asian insurance unit will also be separated, ING IM may lose another €60bn. Typically, however, when asset managers find themselves separated from previously in-house insurance assets, contracts to manage those assets remain in place for several years.
ING has already sold off several businesses, including ING Real Estate Investment Management, one of the biggest property managers in Europe. This was acquired by CB Richard Ellis last year.
--write to firstname.lastname@example.com


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- Hi there, welcome to Tribesmart. Log in to get started...
Incase Clear Hard Case for iPod 3G nano
Guide price: £20
Last updated on 21st May 2012
Tags: incase
Incase Clear Hard Case for iPod 3G nano
For a minimalist look with maximum coverage, the Clear Hard Case showcases your iPod 3G nano while providing complete protection and durability. Access to all controls Clear screen protection Rubberised soft-touch coating
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Holderness, NH71 White Ash
Est. Mortgage: $/month
MLS Number 4605367
- Residential Single Family
- Bedrooms 4
- Bathroom 4
- Stories 2
- New Construction Existing
Luxury home nestled in the heart of Holderness, NH on a quiet country road yet a mile from Squam Lake, restaurants and shopping. This executive property boasts 5 private beautifully landscaped acres with a waterfall and outdoor hot tub. Inside offers main floor master bedroom suite with master bath, large kitchen with breakfast nook, as well as a cozy den with wood stove. An oversized sunken living room with gas fireplace invites everyone to sit and relax. A formal dining room, wet bar, first floor laundry and office are just a few of the amazing additional features. Climb the grand staircase highlighted by a beautiful chandelier and you will find 3 additional bedrooms, rec/play/media room as well as additional "bonus room". Easy access to I93, close to all ski mountains and snowmobile trails. Looking for Squam Lake access? This property can be packaged together with a Squam Lake Boathouse to complete your dream home!
Listed by Michelle Eastman of Michelle Eastman Realty
Save FavoriteSchedule A VisitAsk A QuestionMore Details
|Down Payment
|Interest Rate
Est. Mortgage: $/month
Federal 30-year interest rate: 3.94% last updated on 2016-11-17
This product uses the FRED® API but is not endorsed or certified by the Federal Reserve Bank of St. Louis.


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Many people have tried different ways to lose weight, and most have never found a solution because the pounds keep creeping back. In this book Dr. Aihan Kuhn explains how to get your weight down in the most efficient way and keep it off for life. Her approach does not involve extremely hard work, hard exercise, an extreme diet, or diet pills; it is about balance. Her approach is completely natural and easy to practice. She provides diet guidelines, knowledge, and incorporates multiple techniques to help people lose weight. Along with losing weight, you also start your healing journey. Dr. Aihan Kuhn is an expert in natural healing, prevention and anti-aging. She is award wining author, speaker, and master of Tai Chi and Qi Gong. She has changed many lives and being called aMiracle workera. Dr. Kuhn is the president of the Tai Chi and Qi Gong Healing Institute (TQHI.org), a nonprofit organization that promotes natural healing and well-being. For more information about Dr. Aihan Kuhn, visit www.DrAihanKuhn.comAn Effective and Natural Way to Lose and Maintain Your Optimum Weight Dr. Aihan Kuhn ... Ask your friends tojoin you for aweight loss challenge, or askyour spouse tojoin you or support you. ... can also join asupport group, Weight Watchers, or some other organization that can help youto maintain your weight loss practice.
|Weight Loss the Natural Way
|Dr. Aihan Kuhn
|Xlibris Corporation - 2014-09-05


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Pattern Golf Pants
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Adoption Coordinator
Cause Areas
WhenIt's flexible! We'll work with your schedule.
Where899 Douglass Dr(or other local locations we host events at)Boyertown, PA 19512
We need a volunteer to process applications (or lead assistants who process the applications), communicate with potential adopters about our adoptable dogs, schedule meet and greets with the dogs, and finalize adoptions
Good Match For
Requirements & Commitment
- Driver's License Needed
- Must be at least 18
- Orientation or Training


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5.0 stars 7 reviews
Avvo Rating: 10
My personal office work is now being handled by me out of my Morgan Hill Office. However, I am available for appointments with clients at my long term (29 year) office location at 1871 The Alameda, Suite 400, San Jose, 95126. The office space is n...
Practice areas & skills: Criminal Defense, Juvenile, DUI & DWI, White Collar Crime, Federal Crime
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Avvo Rating: 8.6
I grew up in Sunnyvale, went to Stanford and the University of San Francisco Law School. I love the bay area, and I know the area and the people. I have an active practice, centered mostly in Santa Clara County Superior Court, and as I make nume...
Practice areas & skills: Personal Injury, Medical Malpractice
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I am a certified specialist in Estate Planning, Trust, and Probate Law. I handle a wide range of estate planning, trust and probate matters, but a significant amount of my time is spent in post-death matters including probate and trust administra...
Practice areas & skills: Probate, Trusts, Estate Planning, Business, Tax
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Avvo Rating: 8.6
Many years of practical business experience prior to the practice of law. Representing organizations of many sizes with an understanding of the complexity of operating a business. Working closely with clients to understand their business goals and...
Practice areas & skills: Business, Corporate & Incorporation, Employment & Labor, Intellectual Property
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Avvo Rating: 6.7
With a career spanning over 30 years in Northern and Southern Clifornia, Milton F. Gonzalez thrives on developing aggressive and strategic solutions that meet his clients' needs and goals. Milton's extensive criminal and civil trial experience spa...
Practice areas & skills: Criminal Defense, Personal Injury
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Review: "I was so please to see that Mr. Pardue was both ethical and reliable. He first represented my daughter then, myself. He is most capable and came highly recommended. Be honest with him and give him all your information ...
Practice areas & skills: Domestic Violence
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|Trucking accident


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Details of this Paper
Focusing on the Legend gives Legs to the Levi?s B...
Focusing on the Legend gives Legs to the Levi?s Brand and answer the following questions. Approximate length, ? page per question. Use APA format for your paper. Identify the strategic and tactical aspects of Levi?s positioning exercise. How risky is limiting a product?s market potential for the sake of maintaining brand integrity? The Levi product has not really changed since the Gold Rush days. How do you account for the phenomenal transformation to become an American icon and ?coveted symbol of the casual, unpretentious American lifestyle??
Paper#12354 | Written in 18-Jul-2015Price : $25


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4 vehicles matched;
Now showing page 1 of 1. 25 results per page.
Listed by Insignia Automotive
Immaculate Classic IROC Z-28 T-Top 350V8, 300 HP, Edelbrock Polished Aluminum Intake w/ E-B 650 cfm 4barrel;chrome valve covers, Hooker
Listed by Private Seller
1989 Chevrolet Iroc Z28 Camaro Rebuilt. Has 350 5.7 liter Engine. All original New Paint, New Tires, Custom Seat Covers,
Listed by Private Seller
3rd gen 1989 Iroc-Z Chevrolet Camaro convertible For Sale.
In excellent condition.
Low Miles. Under 23,000 miles.
Listed by Private Seller
Car is running well and is in good condition. Top is in good condition and has a glass back


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Event: Actors Adhyayan Suman and Ragini Nandwani promote their film DEHRAADUN DIARY at Essel World in Mumbai.
Guest List: Adhyayan Suman, Ragini Nandwan
Sizzling HOT Bollywood actress Sonam Kapoor was snapped at the airport.
Cricketer Virat Kohli and Bollywood actress Anushka Sharma were snapped at the airport. Also spotted was legendry lyrist Javed Akhtar.
Bollywood celebs Amitabh Bachchan, Sushant Singh Rajput, Karan Johar, Rajkummar Rao, Aditya Roy Kapur, Saif Ali Khan among others were snapped at the airport.
Bollywood actor John Abraham was snapped at the unveiling of 2017 Nissan GT-R.
Bollywood celebs Abhishek Bachchan, Farah Khan, Sajid Khan, Kayoze Irani, Rajkumar Hirani among others were seen at Boman Irani's birthday bash.


text: Santa Barbara California sheriff's officials say a gunman who went on a shooting rampage near a Santa Barbara university killed three people at his apartment. The three people were among the six left dead Friday night during the shootings near the University of California, Santa Barbara. The suspected gunman was also fatally shot. The gunman was identified as 22-year-old Elliot Rodger, a student at Santa Barbara City College.


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Veterans are separated into different categories or chapters that define the class of benefits you may be eligible to receive. The following information details the eligibility requirements and benefits of each chapter.
Chapter Definitions
|Chapter Number
|Chapter Content
|Chapter 30
|Prior/current active duty Veterans (Montgomery GI Bill)
|Chapter 31
|Service-connected disabled Veteran with a VA rated disability status of 20% or more
|Chapter 32
|Veteran Educational Assistance Program (VEAP, "Two for One")
|Chapter 33
|Post 9/11 GI Bill
|Chapter 35
|Dependents, Widows, and Widowers
|Chapter 1606
|National Guard or Reserve (Montgomery GI Bill)
|Chapter 1607
|National Guard or Reserve (With Deployment)


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Advert Description
Amazing collection of 7 Marvel Avengers Figures from the Disney store, all in excellent condition as they have been mainly just kept on the shelf in my sons room. The silver iron man has a couple of marks on his head but nothing too bad. We have the box that these came in if you wanted that aswell. These would make an excellent present for any Avengers fan.


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Home Health Care in Winfield, AL can be categorized as either non-medical (home care) or Medicare certified (home health). Non-medical home care includes personal care and help with everyday activites, while Medicare certified home health care ranges fom skilled nursing to physical / occupational therapy. Choose a tab below to compare home care agencies in Winfield, AL. Feel free to contact agencies by phone, or request a follow up. Caregivers and health care professionals in
Winfield, AL will work together to establish the best plan of care for your loved one.
2448 military street, south
hamilton, AL 35594
Provider Number: 017847
Medicare Certified: 1966
234 1st avenue sw, suite 2
hamilton, AL 35594
Provider Number: 017100
Medicare Certified: 1992
42030 highway 195 suite d
haleyville, AL 35594
Provider Number: 017109
Medicare Certified: 1993
Not Available
1653 temple avenue
fayette, AL 35594
Provider Number: 017088
Medicare Certified: 1991
Not Available
300 springfield road
vernon, AL 35594
Provider Number: 017872
Medicare Certified: 1985
1458 jones dairy road suite 100
jasper, AL 35594
Provider Number: 017170
Medicare Certified: 2009
20 almon drive suite c
moulton, AL 35594
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Medicare Certified: 1986
Not Available
1300 mcfarland boulevard northeast, suite 320
tuscaloosa, AL 35594
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Medicare Certified: 1976
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decatur, AL 35594
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1140 1st street n, ste 200
alabaster, AL 35594
Provider Number: 017153
Medicare Certified: 2002
Not Available
Winfield, AL
Home Aide Hourly Rate
Winfield, AL
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Ready to Buy?
|$43.91 (15%)
In Stock
+ Free Shipping
Delivery Details
5-10 Business Days
Carlisle 3-Part 3 Quart Condiment Caddies
25-1/8"L x 7-2/3"W x 3-2/3"H, Stainless Steel
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- The original industry standard since 1957.
- Rugged stainless steel construction for years of use; rubber feet protect counter tops.
- Units available with solid or compartmented lids.
- Full size hinged lid units protect condiments from spills and contaminants.
- Individual compartment lids keep contents covered when not in use.
- Notched lid models available for use with spoons or ladles.
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TAA Compliant
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Best Western Presidential Hotel & Suites
Select your stay dates to check availability
Best Western Presidential Hotel & Suites
About the hotel
Property Location
With a stay at Best Western Presidential Hotel & Suites in Pine Bluff, you'll be convenient to Pines Mall and Arkansas Railroad Museum. This hotel is within close proximity of Pine Bluff Convention Center and Pine Bluff /Jefferson County Historical Museum.
Make yourself at home in one of the 58 air-conditioned rooms featuring refrigerators and microwaves. Complimentary wireless Internet access keeps you connected, and cable programming is available for your entertainment. Bathrooms have complimentary toiletries and hair dryers. Conveniences include desks and coffee/tea makers, as well as phones with free local calls.
Take advantage of recreation opportunities including an outdoor pool and a fitness center.
A complimentary continental breakfast is served daily.
Business, Other Amenities
Featured amenities include complimentary high-speed (wired) Internet access, a business center, and complimentary newspapers in the lobby. Free self parking is available onsite.
Hotel Facilities
- Fitness facilities
- Free breakfast
- Business center
- Free WiFi
- Free wired high-speed Internet
- Outdoor seasonal pool
- Elevator/lift
- Total number of rooms - 58
- Free self parking
- Laundry facilities
- Outdoor pool
- RV, bus, truck parking
- Free newspapers in lobby
- 24-hour front desk
Room Facilities
- Refrigerator
- Connecting/adjoining rooms available
- Hair dryer
- Coffee/tea maker
- Premium TV channels
- Free local calls
- Air conditioning
- Desk
- Rollaway/extra beds (surcharge)
- Phone
- Free toiletries
- Daily housekeeping
- Iron/ironing board
- Cable TV service
- Free WiFi
- Microwave
Hotel Policy
Know Before You Go
- Children 16 years old and younger stay free when occupying the parent or guardian's room, using existing bedding.
- The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Rollaway bed fee: USD 10.00 per stay
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.Show all hotel policy Show less hotel policy


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Do you want to make Ohio.com your homepage?
Local history: Akron motorists put to test in 1950s driving simulator
The Aetna Roadometer, an automobile-driving simulator, made the rounds at Akron high schools and other buildings in the early 1950s. Students sat at a console and practiced safe driving while viewing a color movie that presented troubles on the road. (Akron Beacon Journal file photo)
Behold the mechanical brain of the Aetna Roadometer. The 1951 driver-testing machine featured Selsyn motors, selenoid counters, a photoelectric cell, a 16-mm movie projector, a scorecard-feeding unit, a voltage regulator and a horn battery. (Akron Beacon Journal file photo)


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Yellow Bottega Veneta Leather and Velvet "Railito" Shoulder Bag
Have questions? Or looking for something specific?
"Railito" is the perfect piece for unique bag collectors. Featuring a dual rope chain strap, east-west baguette silhouette, and beautiful scroll embroidery, this bag is a must-have for any designer handbag closet. Top zip closure with snapped tab ends. Comes in a dust bag with authenticity cards.
LGS is not affiliated with BOTTEGA VENETA. We guarantee this BOTTEGA VENETA item to be authentic. BOTTEGA VENETA® is a registered trademark of BOTTEGA VENETA.
Christian Dior
Christian Dior Black Mesh Rhinestone Beaded Slip On "Dior Fusion" Sneakers
Sz 37
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Need an IgE Blood Test in Concord, NH? Simply order online 24/7 and get a fast, affordable IgE Blood Test at a lab near you (Find More Locations):
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Lemon Berry Trifle
Total Time
Prep 20 mins
Cook 0 mins
Finish off a meal with this light, refreshing treat.
Ingredients Nutrition
- 1 (3 1/2 ounce) package lemon flavor instant pudding and pie filling
- 2 cups milk
- 1⁄2 cup heavy whipping cream, whipped
- 1⁄2 angel food cake, cut into approx. 1 inch cubes
- 3 cups frozen unsweetened berries, thawed, well drained
- Prepare pudding mix as directed on package. Gently stir in whipped cream.
- Place 1/4 cup angel food cake cubes in bottom of 6 stemmed serving glasses. Top with 1/4 cup pudding mixture. Top with 2 tablespoons berries. Repeat layers. Chill 1 hour or overnight.
Most Helpful
This was so simple, cool, and easy to make.The only change I made was to add whipped topping into the pudding as I didn't have any heavy whipping cream but it worked out great. Everyone thought it was a fancy dish because it looked so pretty layered in a glass bowl. Will definitely make this again and may experiment with other pudding flavors and types of cake


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Gyaru Blogs
2. Her Umbrella
Mash-Up of cosmetic, fashion, shopping reviews for everyone! Hoping to shelter all my readers with.. this humble little umbrella.
Owner: herumbrella
Listed in: Fashion
3. Himenannie
Blog about me, my life and Gyaru Fashion~
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Listed in: Personal
a gyaru ageha blog
Owner: koakumagirly
Listed in: Fashion
Take a delightful look into my world. a world filled with pink and lace and girly frivolity. Im hime.. gyaru which is a japanese fashion and beauty trend. make u tips contests and tutorials.
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With a mind like a thunderstorm, a heart so warm, and charm so alluring, I, Chaudie, lure you into.. my world of love, life, and style. I wish to make all of you the best you can be. But one can only.. lead by example,and with guidance.
Owner: Chaudalyn_Severa
Listed in: Fashion


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Hotels in Osmotherley
Hotel reservation
United Kingdom
Hotel rooms in Osmotherley
There are not so many hotel rooms in Osmotherley, just 3, still everyone can find an offer to suit his choice. The most common offers in this city are hostels, they count 1 out of 3, and their prevalent location is central district. According to our practice, it is the most profitable to book a hotel in the south of Osmotherley, as it is the location of the hotels with optimal cost and quality offers along with the cheap hotels. Taking into account the small size of the city, there is no need to dwell hotel reservation on the location: the road to the city center would take less then half an hour, so one can book a hotel in any district of Osmotherley. The most populated with hotels district of Osmotherley is the south, 33% of cheap hotel rooms are concentrated here. However, even those who want to live in the center can choose from 1 variants of hotel rooms. Osmotherley is an ideal place for family and couple, such travellers rate hotels there 9.1 out of 10 on average. The most appreciated amenities in Osmotherley hotels are location and service. According to the visitors reviews, hotels in Osmotherley has great location and fantastic service. Take a look at our selection of the cheap hotel rooms in Osmotherley to make a well-informed choice for your reservation!
Osmotherley cheap hotels
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Best hotels in Osmotherley
Hotels in Osmotherley are spread around the city within the distance of 1.7 kilometers, while 1 hotels are located directly in the city center. The most popular accommodations in Osmotherley is
Cote Ghyll Mill at Osmotherley
located in a 1 kilometers from the city center.
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September 24, 1985
RODGERS, JOHNv.SUN REFINING AND MARKETING COMPANY, APPELLANT
On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 84-2429).
Before: HUNTER, GARTH, and HIGGINBOTHAM, Circuit Judges.
HUNTER, Circuit Judge :
1. Plaintiff-appellee John Rodgers ("Rodgers") originally brought an action to enjoin defendant-appellant Sun Refining & Marketing Company ("Sun") from terminating his gasoline dealer franchise in violation of the Petroleum Marketing Practices Act ("PMPA"), 15 U.S.C. § 2801 et seq. (1982). The District Court for the Eastern District of Pennsylvania found that Sun had grounds to refuse to renew the franchise relationship, but nevertheless allowed Rodgers to submit a proposed franchise agreement, which Sun refused to consider. Characterizing Sun's refusal to consider Rodger's proposal "arbitrary" and "the very type of circumstance that the [PMPA] is intended to protect a franchisee against," the district court extended the term of the original franchise agreement for an additional three years. Because the district court misconstrued the PMPA, we will reverse.
2. Since 1970, Rodgers and a partner operated a service station in Malvern, Pennsylvania, as Sun franchisees. In September 1981, the partnership dissolved, and Rodgers and Sun negotiated a franchise agreement for the same station. Before entering into the present franchise agreement, however, Sun contacted Rodgers regarding fuel outages*fn1 that occurred during the prior franchise agreement. Approximately two months before Rodgers took over the station from his partner, Sun wrote Rodgers, warning him to "see to it that you do not run out of gasoline for sale to the public or else we will have to pursue courses of action afforded to us by applicable law." On November 10, 1981, Rodgers and Sun entered into a three-year franchise agreement under which the parties agreed that the leased premises were to be used as a "retail gasoline service station" and that the resale of Sun's branded motor fuels was the essence of the agreement.
3. Between November 17, 1981 and January 10, 1984, Rodgers's cash flow problems caused him to run out of one or more gasoline products at least twenty times.*fn2 In a letter dated May 10, 1983, Sun offered to assist Rodgers in improving his cash flow by: releasing $10,000 from his "collateral deposit account" (a security account held by Sun); permitting Rodgers to deduct from the price of a load of gasoline an amount equal to the value of gasoline purchased by credit card customers whose receipts had not yet been validated;*fn3 and reducing the surcharge deposited into the collateral deposit account from one cent to one-half cent per gallon of gasoline purchased. In the same letter, Sun warned Rodgers that two additional fuel outages in any ninety day period would be deemed to exceed the minimum standard of fuel availability "at the heart" of the franchise relationship.*fn4 Nevertheless, Rodgers ran out of the super, plus, and regular grades of unleaded gasoline on January 5 and 10, 1984, and continued to experience fuel outages until the commencement of trial on November 2, 1984.
4. On March 1, 1984, Sun advised Rodgers that the franchise would be terminated June 4, 1984. Rodgers filed a complaint and motion for a preliminary injunction on May 18, 1984, alleging that Sun's termination of the franchise violated the PMPA. By stipulation approved by the court and entered on May 31, 1984, the parties agreed to consolidate the preliminary injunction hearing with the trial on the merits, and to maintain the status quo with respect to the franchise agreement pending a final order.
5. On November 14, 1984, the district court delivered its findings of fact and conclusions of law. The court characterized the dispute as a failure to renew the franchise relationship and determined that the evidence supported Sun's refusal to renew. Despite this finding, the district court allowed Rodgers two weeks to offer Sun a proposal concerning the continuation of the franchise relationship. The district court's order dated November 19, 1984, denying injunctive relief stated that the franchise agreement had expired on November 9, 1984, thereby making the issue of Sun's attempted termination moot.
6. Although Rodgers submitted a proposed franchise agreement in time, Sun refused to consider or comment upon the proposal. On December 12, 1984, Rodgers amended his complaint to add a count seeking on injunction against Sun's "unreasonable non-renewal of his franchise." In its memorandum and final order dated January 23, 1985, the court found that Sun failed to meet its burden under the PMPA of going forward with evidence indicating that Rodgers would fail to comply with the proposed agreement. Consequently, the court enjoined Sun from disturbing the franchise relationship in any way for three years.
7. Sun raises four issues on appeal. First, Sun alleges that after the court found that the outages were Rodgers's fault, were events relevant to the franchise agreement, and reasonable grounds for Sun to terminate or refuse renewal, the district court erred in not allowing Sun to terminate under PMPA § 2802(b)(2).*fn5 Second, Sun claims that because the parties extended the franchise agreement until final judgment, the district court erred in holding that the franchise agreement expired and in requiring the parties to treat the case as one of failure to renew rather than termination. Third, Sun believes that the district court abused its discretion in allowing Rodgers an opportunity to submit a proposal concerning the continuation of the franchise relationship after the court found that "the evidence supports . . . [Sun's] refusal to renew the franchise relationship." Finally, Sun also believes that the court abused its discretion by extending the terms of the original franchise agreement for an additional three years. We will not address each claim, as we find out resolution of the first issue dispositive of the remaining three.
8. Sun claims that PMPA § 2801(b)(2)(A), which permits termination or nonrenewal for failure to comply with a reasonable and material provision of the franchise, allows it to terminate Rodgers's franchise. Because the franchise agreement states that "the resale by Dealer of Company's branded motor fuels is the essence of this Agreement," Sun maintains that Rodgers's repeated gasoline outages violated the essence of the franchise agreement. Rodgers responds that § 2802(b)(2)(A) does not apply because he did not violate any specific provision of the franchise agreement. Indeed, the district court expressed serious doubt as to whether or not Rodgers's fuel outages could provide the basis for franchise termination "in view of Sun's knowledge of [Rodgers's past fuel outages] before entering into the franchise and an election in the face of such knowledge not to include a running out of fuel provision . . . [in] the franchise contract." This finding clearly prohibits Rodgers's termination under PMPA § 2802(b)(2)(A) or (B), because both sections require the franchisee to violate some provision of the franchisee agreement. We cannot say that this finding is erroneous.
9. Even if this finding is correct, we conclude that Sun is still entitled to terminate under PMPA § 2802(b)(2)(C). This section provides for termination or nonrenewal after the "occurrence of an event . . . relevant to the franchise relationship" if, as a result of the event, termination or non-renewal is reasonable. The court found both these elements present when it ruled on November 14th that Rodgers's inability to maintain adequate fuel supplies an event "relevant to the relationship" and a reasonable ground, on the record, to refuse renewal. Because the district court established that the legal standard for termination or non-renewal under § 2801(b)(2)(C) is satisfied, we conclude that Sun's termination of Rodgers's franchise is justified.*fn6
10. Because we find Sun entitled to terminate Rodgers's franchise, we need not to decide whether the district court abused its discretion in allowing Rodgers to submit a proposed franchise agreement and in extending the original franchise agreement for three years. We take notice, however, that the district court's power to grant equitable relief pursuant to PMPA § 2805(b)(1)*fn7 applies only where the court finds that the franchisor failed to comply with PMPA § 2802 or § 2803. When the district court gave appellee two weeks to submit a proposed franchise agreement to Sun, it had not yet found that Sun violated any PMPA requirements. The district court therefore did not have the power to grant any equitable relief.
11. Congress passed the PMPA in 1978 in recognition of "the disparity of bargaining power which exists between the franchisor and the franchisee" in the gasoline industry. Sun Reforming and Marketing Co. v. Rago, 741 F.2d 670, 672 (3d Cir. 1984). Although the Act's primary goal is to provide protection to franchisees, it also provides for "the legitimate needs of a franchisor to be able to terminate a franchise . . . based upon certain actions of the franchisee, including certain failures to comply with contractual obligations . . . ." Id. at 673. Where the district court finds, as it did here, that the franchisor had adequate grounds under the PMPA to terminate or refuse to renew the franchise, it must permit the franchisor to exercise its business judgment. Only in those circumstances prescribed by the Act may the court intervene to restore the equities of the bargaining relationship.
12. Accordingly, we will reverse the district court's order and direct the entry of judgment for appellant.
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There's going to be an interview on 20/20 tonight - Barbara Walters interviewing Terri Irwin. It's the first time Terri has spoken publicly since Steve's death. The excerpts they showed this morning on Good Morning America were just heartbreaking. Terri pretty much cries throughout the whole thing.
She described the phone call she got from her brother-in-law telling her Steve had died. She just sobbed when she told about it ... she said she kept thinking, "Don't say it.....don't say it....don't say it...." and she looked out the window of the place where she was staying and saw Bindi outside playing, skipping around, and thought, "Oh, my children...he wouldn't have wanted to leave the children."
So sad. :(


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68 vehicles matched;
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THIS 1993 Jaguar XJS IS A BEAUTIFUL FULLY LOADED CONVERTIBLE! IT IS ALL ORIGINAL, IN GREAT CONDITION WITH 67K MILES.
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A stunner! Car has always been stored in a garage overnight. Original black soft top. Electric mirrors, Radio with cassette
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Credited with being the biggest Playboy playmate of the year in terms of height, weight and measurements, former model turned
Listed by MB Vintage Cars Inc
VIN: SAJNX2748RC191640 1994 Jaguar XJS Convertible. Green with a tan leather interior. This was part of an estate sale. The car
Listed by Private Seller
AM/FM/CASS, Seat Memory, Power Seats, Power Windows, Power Locks, Power Mirrors, Heated Seats, Tilt Steering Wheel, Cruise Control, Electronic Climate
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As sleek as they made them, this XJS is clean, bright, powerful and a blast to drive. Still in
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THIS1996 Jaguar XJS IS A BEAUTIFUL EXAMPLE OF A FULLY LOADED CONVERTIBLE! IT IS ALL ORIGINAL, IN GREAT CONDITION WITH
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1978 Jaguar XJS Coupe - Maroon Stock # KY282NB5479AM1978 Jaguar XJS Coupe - MaroonV8 Conversion Classic coupe updated with a
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A beautiful convertible in mint condition!! The color is listed as blue but the paint does have a green tint
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We are selling a 1989 Jaguar XJS V12 2+2 two-owner coupe, which is in excellent condition.
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1990 Jaguar XJS Roadster, V-12, British Racing Green with tan interior. 41,000 original miles. Second owner. Part of extensive Jaguar
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Red 1989 Jaguar XJS convertible. 20,000 original miles, numbers match. Owner just had services done. Clear title in hand. Tan
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Jaguar lovers,...Great example of an appreciating classic. ICE COLD AIR ! Best color, best condition, low miles,........needs NOTHING! Draws a
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Here is a beautiful example of a 1993 Jaguar XJS 6 cylinder convertible. This is a 2 owner California car,


text:
Joe Testa 22 P
Potomac Nationals
- Class A Advanced | Carolina League
- MLB Parent Club: Washington Nationals
- Status: Released
- Full Name: Joseph Leonard Testa
- Age: 30 (December 18, 1985)
- Birthplace: Jackson, NJ
- Bats/Throws: L/L Ht: 5' 10" Wt: 175
- School: Wagner
Joe Testa Career Stats
MiLB.com News
- Moncada, Kopech switch Sox in trade for Sale
- Mariners to invite O'Neill to big league camp
- Brewers acquire Boston's Dubon, Pennington
- Watson goes from green to Blue Wahoos
- El Paso groundskeeper Jones passes away
- Phils' Cozens reacts to Bauman Award win
- It's tricky: Making the Winter Meetings happen
- Renfroe, Margot ready to spark San Diego
MiLB.com Video
More Video »
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|September 29, 2015
|LHP Joe Testa assigned to Caribes de Anzoategui.
|November 13, 2014
|LHP Joe Testa assigned to Criollos de Caguas.
|December 7, 2013
|LHP Joe Testa assigned to Gigantes de Carolina.
|January 7, 2013
|Potomac Nationals released LHP Joe Testa.
|May 10, 2012
|LHP Joe Testa assigned to Potomac Nationals from Harrisburg Senators.
|April 24, 2012
|Joe Testa roster status changed by Harrisburg Senators.
|April 2, 2012
|LHP Joe Testa assigned to Harrisburg Senators from Potomac Nationals.
|January 14, 2012
|LHP Joe Testa transferred to Criollos de Caguas from Leones de Ponce.
|November 4, 2011
|Joe Testa assigned to Leones de Ponce.
|April 25, 2011
|Joe Testa assigned to Potomac Nationals from Nationals Extended Spring Training.
|April 6, 2011
|Joe Testa assigned to Nationals Extended Spring Training from Potomac Nationals.
|July 30, 2010
|Washington Nationals Traded RHP Matt Capps to Minnesota Twins; Minnesota Twins Traded C Wilson Ramos to Washington Nationals and Fort Myers Miracle Traded LHP Joe Testa to Potomac Nationals.
|June 5, 2010
|Joe Testa assigned to Fort Myers Miracle from New Britain Rock Cats.
|April 6, 2010
|Joe Testa assigned to New Britain Rock Cats from Fort Myers Miracle.
|June 25, 2009
|Joe Testa assigned to Fort Myers Miracle from Beloit Snappers.
Joe Testa Awards and Honors
Joe Testa 22 P
- Full Name: Joseph Leonard Testa
- Born: December 18, 1985
- Age: 30
- Birthplace: Jackson, NJ
- Bats: L
- Throws: L
- Height: 5' 10"
- Weight: 175
- School: Wagner
Acquired by the Washington Nationals from the Minnesota Twins along with C Wilson Ramos in exchange for RHP Matt Capps on July 29, 2010 ... originally signed by the Minnesota Twins as a non-drafted free agent in 2008 ... attended Wagner College.


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Posts filtered on Category
Sig Christenson: Preserving memories
Folks like Army Cpl. Ted Alexander lived through long stretches of deep unemployment, pot-lunch suppers among good friends, rationing during the war, and a society that shifted from largely rural before Dec. 7, 1941 to largely urban after 1945. What he and other World War II veterans have to say matters, and we need your help to preserve their memories. …
Sig Christenson: A real love and war story
In a world where cultures often clash, creative solutions abound. Wanda no longer cooks pork at home, even when he's gone, and she tries not to chow down on it while visiting with her parents, who live in Cibolo. But love has its limits. …
Sig Christenson: No suicide solutions
Take a good look at what is going on with Army suicides and obvious patterns emerge. First, the youngest of our soldiers have been the most likely suicide victims. Second, something like 70 percent of them are war veterans. Third, they're living on posts that have been at the center of the war on terrorism and the conflict in Iraq, now in its seventh year. …
Sig Christenson: Standing by your man in Afghanistan
America's relationship with Afghanistan's troubled President Hamid Karzai has gone though a rough patch, but it appears they've kissed and made up. There's a reason for that, and it isn't appeasing President Obama's critics on the right. It has to do with time, and how little of it is left for the international coaltiion's efforts to turn the war around. …
Sig Christenson: A plea for sanity at Fort Hood
Col. Jimmy Jenkins came to the 69th Air Defense Artillery Brigade's suicide prevention stand down earlier this week at Fort Hood's Palmer Theater with the sort of history that informed him of the problem he faces. Two of his men, both in the same battalion, had died by their own hands. Three in his own family, one a grandmother, perished the same way. …
Sig Christenson: At Fort Hood, a grim situation worsens
'I've been in the Army 40 years this summer and I can remember sitting around the orderly room after having a suicide, and everybody's kicking themselves trying to
figure out why it happened and they should have seen something.'
– Gen. George W. Casey, Army chief of staff…
Sig Christenson: Of battles fought and lives changed
Seven years ago we were filthy, tired and literally under the gun. Now it's spring again, …
Sig Christenson: Once locked up, now he's locked out (Last in a series)
Army Reserve Cpl. Nasser Hempel probably wouldn't mind not getting a victory parade when he returns home to Texas. In fact, he'd almost rather not come home, even though he has a wife and three kids. Once locked up in prison but now locked out of things most of us take for granted, he knows that life would be easier for all of them if he could just stay on another year in the war zone. …
Sig Christenson: From convict to patriot
An 11-year veteran of the Texas prison system, Nasser Hempel walked into an Army recruiting station in Houston back in 2006 with nothing to lose, kind of like the characters in "The Dirty Dozen." He badly wanted to be a soldier. And many others, he knew, did not. …
Sig Christenson: Coming through in the clutch
Nasser Hempel had wanted to be a soldier since childhood. Then in 1991, out of work and desperate for cash, he got involved with a group of men who pulled occasional armed robberies for cash. Just 18, he drove the truck in a stickup of a man outside a bar in Houston's Heights called the Spot and later was handed a 15-year sentence. Now, in October 2006, he had to explain all this to a group of Army recruiters in Houston. …


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United States District Court, S.D. Illinois
October 7, 2014
ROBERT MOORE, Plaintiff,v.PAT QUINN, , Defendants.
J. PHIL GILBERT, District Judge.
This matter comes before the court on the Report and Recommendation ("R & R") (Doc. 88) of Magistrate Judge Philip M. Frazier recommending that this matter be dismissed for Plaintiff's failure to pay the initial partial filing fee. The Plaintiff did not file an objection to the R & R.
The Court may accept, reject, or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed.R.Civ.P. 72(b)(3). "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court finds that there is no clear error within the Report and Recommendation (Doc. 88) and the Court ADOPTS it in its entirety. As such, this matter is DISMISSED without prejudice and all pending Motions are TERMINATED.
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Vizari 10113 Geneva Men's SS Polyester Soccer Jersey - White - Adult Small
- Brand New In Stock
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List Price $15.99
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- Size
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- Description
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You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Product Highlights
This product may contain mercury. Consult your local environment authorities for regulations regarding how to properly dispose of products containing mercury.
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The white 4900 mAh LiPo Flight Battery from Autel Robotics will power an X-Star (Wi-Fi) or X-Star Premium for up to 25 minutes. It features a slot-in design and provides four status LEDs, which are visible with the battery mounted in the aircraft.
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My Bedtime Bible Hardback
Bible Stories and Pictures for Bedtime Bliss
by Leena Lane;
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A Bird's Eye View
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Full Product Description
The Bible is full of stories.There's an ark full of animals and a man fed by ravens; there's a baby in a basket and a baby in a manger; a girl who saved a soldier and a boy who fought a giant.There are kind men and bad men, dreams and visions, angels and miracles, storms and shipwrecks.
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My Bedtime Bible by Leena Lane was published by CWR in September 2013 and is our 39620th best seller. The ISBN for My Bedtime Bible is 9781782590194.
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New maps of Pluto show pretty amazing amounts of surface change
Posted by Emily Lakdawalla
Topics: trans-neptunian objects, Hubble Space Telescope, pretty pictures, Pluto, dwarf planets beyond Neptune
I just posted my writeup of today's press briefing on a new map of Pluto produced from Hubble images. The main conclusion was that Pluto has shown an astonishing amount of changes across its surface between 1994 and 2002 -- more, in fact, than any other solid surface in the solar system. An interesting perspective on the announcement, which concerned four years of computational work done by Marc Buie, was provided by Mike Brown. Buie said that the view of Pluto that we have from his new maps was comparable in resolution to our naked-eye view of the Moon. Brown pointed out how strange it would be if the Moon appeared to change in our sky as much as Pluto did in the six years spanning the two sets of observations:
One thing I didn't mention in the news writeup was that Mike Brown, who goes by the Twitter handle "@plutokiller," was actually Tweeting away during the parts of the press briefing when he wasn't talking. (Tweeting while talking is something even he doesn't seem to be able to do -- and yes, that's a challenge, Mike.) So I Tweeted a question to him, about what question he thought I should ask at the briefing. He responded, recommending I ask why Pluto's northern hemisphere brightened. It was a question that apparently has stumped both Buie and Brown, and Buie's response to it provided one of the more imaginatively arresting phrases of the briefing: he speculated that as nitrogen sublimates from the northern hemisphere, it leaves behind a landscape of "fairy castle" spires of remnant nitrogen ice.
Coool! I can't wait until New Horizons gets there! Only five more years!
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The Department of Astronomy offers undergraduate and graduate instruction in a wide variety of fields, including theoretical and observational astrophysics; infrared, optical, and radio astronomy; galactic structure and dynamics of stellar systems; high-energy astrophysics and cosmology; and spectroscopy. A considerable amount of research and teaching related to astronomy is done in other units at Berkeley, including the Space Science Laboratory, Lawrence Berkeley Laboratory, and the Physics Department. Various professors in the Chemistry, Earth and Planetary Science, Mathematics, Statistics, and Engineering departments have an active interest in astronomy and are available for consultation.
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Apple Inc. (NASDAQ:AAPL) has once again reiterated it is no nonsense approach to employee's misconduct. The tech giants has confirmed it has sent a number of staff packing in Australia over allegations they shared other employees and customers photos in one of its stores.
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The store where the incidence first erupted is located in Brisbane's Carindale Westfield shopping center. Initial report indicates that a worker at the store first raised the issue on discovering one of his colleagues going through a customer's phone.
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The Australian Privacy Commissioner has also opened investigations into the matter even on Apple reiterating there was no evidence of customer's data or photos being transferred by its staff.
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Ground Beef Curry
Total Time
Prep 15 mins
Cook 30 mins
A much simpler ground beef curry with potatoes. Serve over rice or serve as a stew with nana bread and some raita. From Canadian Living 2004 Issue.
Ingredients Nutrition
- 1 lb lean ground beef
- 1 tablespoon vegetable oil
- 1 onion, chopped
- 1 jalapeno pepper, seeded and minced (optional)
- 1⁄4 cup mild indian curry paste
- 1 (28 ounce) can diced tomatoes
- 2 potatoes, peeled and diced
- 1⁄2 teaspoon salt
- 1 cup frozen peas
- 1⁄4 cup fresh coriander, chopped
- 1 tablespoon of fresh mint, chopped (or 2 tsp dried)
- in nonstick skillet saute beef over med-high heat, breaking up with a spoon until no longer pink, about 5 minutes.
- drain off fat.
- transfer to a bowl. add oil to pan, fry onion, and jalapeno (if using) until golden, for about 4 minutes. add curry paste, cook stirring until fragrant, about 1 minute.
- stir in beef, tomatoes, potatoes and salt, cover and simmer until potatoes are tender, about 15 minutes.
- add peas, half of the coriander and the mint, heat through.
- sprinkle with remaining coriander and serve.
Most Helpful
I am surprised I'm only the 2nd person to review this because really it is amazing! It is very flavorful and very simple and easy to throw together. I used Patak's mild curry paste and I used fresh tomatoes instead of canned. Thanks so much, this will be a keeper
This was a delicious dinner tonight. I had to use red curry paste as that was what was in the fridge. I also threw in some broccoli and I used coriander from my garden !Made for Holiday Tag.


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September 21, 2009
BRIDGETTE ROULHAC, PLAINTIFF,v.MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
Plaintiff filed a Complaint on January 4, 2008, seeking review of the denial by the Social Security Commissioner ("Commissioner") of plaintiff's application for supplemental security income ("SSI"). On February 4, 2008, the parties consented to proceed before the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). The parties filed a Joint Stipulation on September 24, 2008, in which: plaintiff seeks an order reversing the Commissioner's decision and awarding benefits or, in the alternative, remanding the matter for a new administrative hearing; and defendant seeks an order affirming the Commissioner's decision. The Court has taken the parties' Joint Stipulation under submission without oral argument.
On January 17, 2003, plaintiff protectively filed an application for SSI.*fn1 (Administrative Record ("A.R.") 38, 78-81, 435.) Plaintiff alleges an inability to work since January 17, 2003, due to HIV and complications therefrom, back and knee pain, fatigue, headaches, and depression. (A.R. 25, 50, 83.) She has past relevant work experience as a "cafeteria attendant, cashier II, home attendant, and child monitor." (A.R. 446-47.)
Plaintiff's application was denied initially, upon reconsideration, and by Administrative Law Judge Philip E. Moulaison in a written decision dated April 27, 2005. (A.R. 24-29, 50-54, 56-59.) On June 13, 2005, the Social Security Administration received plaintiff's request for review of the hearing decision (A.R. 11), and on June 25, 2005, the Appeals Council denied review of the decision (A.R. 8-10).
On August 3, 2005, plaintiff filed a Complaint in this Court in Case No. EDCV 05-00669. On March 8, 2007, this Court reversed the ALJ's decision and remanded the case for further administrative proceedings (the "2007 Order"). (A.R. 451-66.) On April 26, 2007, the Appeals Council remanded the case back to an Administrative Law Judge for compliance with this Court's 2007 Order.*fn2 (A.R. 479-82.)
On July 24, 2007, a remand hearing was held before Administrative Law Judge Lowell Fortune ("ALJ"). (A.R. 632-68.) On October 19, 2007, the ALJ issued an unfavorable decision; that decision is now at issue in this case. (A.R. 435-48.)
In his written decision, the ALJ found that plaintiff suffers from the following "severe" impairments: human immunodeficiency virus (HIV); chronic dislocation, left shoulder; mood disorder secondary to medical condition; and cocaine dependence. (A.R. 438.) The ALJ further found that plaintiff does not have an impairment or combination of impairments that meets or medically equals Listings 1.02B, 12.04, 12.09, or 14.08, or any other listed impairment set forth in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Id.)
The ALJ determined that plaintiff had the physical residual functional capacity to perform light exertion, and mentally, plaintiff is able to understand moderately detailed instructions and perform moderately complex tasks in a habituated setting. (A.R. 436.) In reliance on the opinion of the medical expert, the ALJ rejected the opinions of plaintiff's treating physicians, Harvey A. Elder, M.D., and Wilfred W. Shiu, M.D. (A.R. 441, 445-46.)
Based on the ALJ's residual functional capacity assessment and the testimony of a vocational expert, the ALJ found that plaintiff is unable to perform any of her past relevant work, but jobs exist in significant numbers in the national economy that plaintiff can perform. (A.R. 446-47.) Accordingly, the ALJ concluded that plaintiff has not been under a disability, as defined by the Social Security Act, since February 7, 2003, the date the application was filed, through April 30, 2005. (A.R. 448.)
Under 42 U.S.C. § 405(g), this Court reviews the Commissioner's decision to determine whether it is free from legal error and supported by substantial evidence in the record as a whole. Orn v. Astrue, 495 F.3d 625, 630 (9th Cir. 2007). Substantial evidence is "'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.'" Id. (citation omitted). The "evidence must be more than a mere scintilla but not necessarily a preponderance." Connett v. Barnhart, 340 F.3d 871, 873 (9th Cir. 2003). While inferences from the record can constitute substantial evidence, only those "'reasonably drawn from the record'" will suffice. Widmark v. Barnhart, 454 F.3d 1063, 1066 (9th Cir. 2006)(citation omitted).
Although this Court cannot substitute its discretion for that of the Commissioner, the Court nonetheless must review the record as a whole, "weighing both the evidence that supports and the evidence that detracts from the [Commissioner's] conclusion." Desrosiers v. Sec'y of Health and Human Servs., 846 F.2d 573, 576 (9th Cir. 1988); see also Jones v. Heckler, 760 F.2d 993, 995 (9th Cir. 1985). "The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and for resolving ambiguities." Andrews v. Shalala, 53 F.3d 1035, 1039-40 (9th Cir. 1995).
The Court will uphold the Commissioner's decision when the evidence is susceptible to more than one rational interpretation. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005). However, the Court may review only the reasons stated by the ALJ in his decision "and may not affirm the ALJ on a ground upon which he did not rely." Orn, 495 F.3d at 630; see also Connett, 340 F.3d at 874. The Court will not reverse the Commissioner's decision if it is based on harmless error, which exists only when it is "clear from the record that an ALJ's error was 'inconsequential to the ultimate non-disability determination.'" Robbins v. Soc. Sec. Admin., 466 F.3d 880, 885 (9th Cir. 2006)(quoting Stout v. Comm'r, 454 F.3d 1050, 1055-56 (9th Cir. 2006)); see also Burch, 400 F.3d at 679.
Plaintiff alleges the following four issues: (1) whether the ALJ properly considered the opinion of plaintiff's treating physician, Harvey A. Elder, M.D.; (2) whether the ALJ properly considered the opinion of plaintiff's treating physician, Wilfred W. Shiu, M.D.;*fn3 (3) whether the ALJ properly considered the side effects of plaintiff's medications; and (4) whether the ALJ posed a complete hypothetical question to the vocational expert. (Joint Stipulation ("Joint Stip.") at 3.) The Court addresses plaintiff's first two issues together.
I. The ALJ Failed To Provide Specific And Legitimate Reasons For Disregarding The Opinions Of Plaintiff's Treating Physicians
A treating physician's conclusions "must be given substantial weight." Embrey v. Bowen, 849 F.2d 418, 422 (9th Cir. 1988). Even when the treating physician's opinions are contradicted, "if the ALJ wishes to disregard the opinion[s] of the treating physician he . . . must make findings setting forth specific, legitimate reasons for doing so that are based on substantial evidence in the record." Winans v. Bowen, 853 F.2d 643, 647 (9th Cir. 1987); see also McAllister v. Sullivan, 888 F.2d 599, 602 (9th Cir. 1989)("broad and vague" reasons for rejecting the treating physician's opinion do not suffice). The ALJ can meet this burden "by setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating his interpretation thereof, and making findings." Magallanes v. Brown, 881 F.2d 747, 751 (9th Cir. 1989).
On March 1, 2002, Wilfred W. Shiu, M.D., a public health physician who treated plaintiff from May 2000, through November 2002, and from April 2005, through January 2006, completed a Physician Statement at the request of the Social Security Administration.*fn4 (A.R. 228-29.) Dr. Shiu opined that plaintiff was limited to less than sedentary exertion, will have difficulties in maintaining social functioning, and difficulties in completing tasks in a timely manner due to deficiencies in concentration, persistence, and pace as a result of "chronic fatigue*fn5 ," "depression," and "probable schizophrenia." (A.R. 228-29.) Dr. Shiu further noted that plaintiff has an "inability to concentrate fully," and her "fatigue leads to some weakness." (A.R. 229.)
In a March 20, 2003 report, Harvey A. Elder, M.D., an internist who treated plaintiff approximately monthly throughout most of the period from April 19, 2000, through August 2005, opined that plaintiff is limited to a less than sedentary physical exertional level, primarily due to difficulties standing and walking because of knee and back pain. (A.R. 329.) In response to a question asking for a description of plaintiff's "functional level," Dr. Elder noted that plaintiff had a Global Assessment of Functioning ("GAF") of 60,*fn6 had a "limited ability to care for [herself]," and was "depressed." (A.R. 329.) In response to the same question in his July 23, 2003 report, Dr. Elder noted that: "[plaintiff] has problems with chronic fatigue, weakness, concentration, diarrhea, lower back pain, depression, [and] possible [schizophrenia]." (A.R. 363.) In describing the objective findings supporting the limitations he found, Dr. Elder noted plaintiff's "fatigue" and "inability to concentrate fully," and he further observed that plaintiff exhibited "findings/indications of a diagnosed mental impairment," i.e., "depression" and "possible [schizophrenia]." (A.R. 364.)
In his written decision, the ALJ rejected the opinions of both Dr. Elder and Dr. Shiu, because in the ALJ's view, neither opinion is "supported by the evidence [and plaintiff] was working in illicit activity during this period," which "is indicative of her ability to work during the relevant time frame." (A.R. 445-46.) When examined in the light of the record as a whole, these reasons do not withstand scrutiny.
While the ALJ properly rejected Dr. Elder's opinion regarding plaintiff's back and knee limitations, which are not supported by the objective medical evidence, the ALJ's discussion of the evidence pertaining to plaintiff's mental impairment does not fairly represent the significance of her mental impairment and the limitations arising from it, as reflected in the record. For instance, although Dr. Elder's reports indicate that plaintiff has a limited ability to care for herself due to depression, as the ALJ acknowledges, Dr. Elder's reports also show more significant symptoms and limitations than the ALJ described in his discussion of the evidence. Specifically, Dr. Elder noted that plaintiff has "problems with chronic fatigue, weakness, concentration [and] possible schizophrenia." (A.R. 363.) Dr. Elder opined that plaintiff's mental impairment renders her unable to concentrate fully --- a limitation that would clearly impact plaintiff in the workplace. (A.R. 364.) Although these aspects of Dr. Elder's opinion -- specifically, his opinion regarding plaintiff's problems with chronic fatigue, weakness, concentration, and possible schizophrenia --are consistent with the record as a whole, the ALJ failed to mention these limitations in his discussion of the evidence, much less provide specific and legitimate reasons for rejecting them.*fn7
Further, while the ALJ briefly mentions Dr. Shiu's opinion regarding plaintiff's chronic fatigue, depression, and possible schizophrenia, the ALJ fails to set forth the requisite specific and legitimate reasons for rejecting it. See Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995)(when the ALJ rejects the opinion of a treating physician, even if it is contradicted, the ALJ may reject that opinion only by providing specific and legitimate reasons for doing so, supported by substantial evidence in the record); Gallant v. Heckler, 753 F.2d 1450, 1456 (9th Cir. 1984)(it is error for an ALJ to ignore or misstate the competent evidence in the record to justify his conclusion).
Moreover, the ALJ's rejection of the opinions of Drs. Elder and Shiu based on the fact that plaintiff, admittedly, is capable of working as a prostitute for two hours a day, this fact does not constitute a legitimate reason to reject their opinions. (A.R. 224, 438, 637-38.) The ALJ's casual reference to plaintiff's ability to engage in limited "illicit activity" to support his rejection of the opinions of plaintiff's treating physicians fails to demonstrate how plaintiff's ability to work part-time as a prostitute translates into the ability to engage in, and sustain, full-time competitive work. (A.R. 445.) See Cooper v. Bowen, 815 F.2d 557, 561 (9th Cir. 1987)(disability claimant need not 'vegetate in dark room' to be deemed eligible for benefits); Fair v. Bowen, 885 F.2d 597, 602 (9th Cir. 1989)("The Social Security Act does not require that an individual be utterly incapacitated to be eligible for benefits, and many home activities may not be easily transferable to a work environment where it might be impossible to rest periodically or take medication.").
Accordingly, remand is required to allow the ALJ the opportunity to provide legally sufficient reasons, if such reasons exist, for rejecting the opinions of Drs. Elder and Shiu regarding plaintiff's mental limitations.
II. The ALJ Failed To Consider Properly The Side Effects Of Plaintiff's Medications On Her Ability To Work
When an ALJ evaluates a claimant's limitations, he must consider evidence regarding the side effects of medications. Social Security Ruling 96-7p indicates that the "type, dosage, effectiveness, and side effects of any medication the individual takes or has taken to alleviate pain or other symptoms" should be considered in the disability evaluation. See also 20 C.F.R. § 416.929(c)(3)(iv). The Ninth Circuit has observed that an ALJ must "consider all factors that might have a significant impact on an individual's ability to work." Erickson v. Shalala, 9 F.3d 813, 817 (9th Cir. 1993)(citation omitted). Such factors "may include side effects of medications as well as subjective evidence of pain." Id. at 818.
In his decision, the ALJ briefly acknowledges plaintiff's testimony and records regarding the side effects of her medications,*fn8 but the ALJ does not expressly consider the impact of these side effects on plaintiff's ability to work.*fn9 The ALJ neither properly dismisses the significance of the alleged side effects nor, in his hypothetical to the vocational expert, references them. (A.R. 666.) The ALJ is required to consider those side effects in evaluating plaintiff's disability claim, and his failure to do so constitutes error.
As this case is being remanded so that the ALJ can reconsider the opinions of plaintiff's treating physicians, the ALJ should consider the impact of plaintiff's medication side effects, if any, prior to rendering his ultimate determination regarding plaintiff's disability.
III. Until The ALJ Has Properly Considered Plaintiff's The Opinions Of Plaintiff's Treating Physicians, And Medication Side Effects, The Court Cannot Assess The Adequacy Of The Hypothetical Posed To The Vocational Expert
In posing a hypothetical to a vocational expert, the ALJ must accurately reflect all of the claimant's limitations. Embrey, 849 F.2d at 422-24. For the vocational expert's testimony to constitute substantial evidence, the hypothetical question posed must "consider all of the claimant's limitations." Andrews, 53 F.3d at 1044 (holding that hypothetical questions that do not include all of claimant's limitations are insufficient and warrant remand).
In this case, the hypothetical posed to the vocational expert may be incomplete to the extent that it does not reflect appropriately, in whole or in part, the opinions of Drs. Elder and Shiu and the alleged side effects of plaintiff's medication. On remand, the ALJ should either properly reject the treating physicians' opinions and the alleged side effects of plaintiff's medications in accordance with the governing legal standards, or the ALJ must incorporate them into the hypothetical posed to the vocational expert.
IV. Remand Is Required
The decision whether to remand for further proceedings or order an immediate award of benefits is within the district court's discretion. Harman v. Apfel, 211 F.3d 1172, 1175-78 (9th Cir. 2000). Where no useful purpose would be served by further administrative proceedings, or where the record has been fully developed, it is appropriate to exercise this discretion to direct an immediate award of benefits. Id. at 1179 ("the decision of whether to remand for further proceedings turns upon the likely utility of such proceedings"). However, where there are outstanding issues that must be resolved before a determination of disability can be made, and it is not clear from the record that the ALJ would be required to find the claimant disabled if all the evidence were properly evaluated, remand is appropriate. Id. Here, remand is appropriate to allow the ALJ an opportunity to remedy the above-mentioned deficiencies and errors. See, e.g., Benecke v. Barnhart, 379 F.3d 587, 593 (9th Cir. 2004)(remand for further proceedings is appropriate if enhancement of the record would be useful); McAllister, 888 F.2d at 603 (remand appropriate to remedy defects in the record).
Although not raised as an issue by the parties, it is unclear to the Court whether the payment of benefits to plaintiff is prohibited by her extensive substance abuse, of which there is abundant evidence in the record. (See, e.g., A.R. 204, 400, 532, 545, 548, 556, 567, 569.) Indeed, although the ALJ erred in his assessment of the opinions of plaintiff's treating physicians regarding her mental health limitations and possible medication side effects, the Court is not suggesting that the ALJ's ultimate disability determination is incorrect. It does appear, however, that the ALJ side-stepped the issue of whether plaintiff's substance abuse is a "contributing factor material to" her mental limitations. See Bustamonte v. Massanari, 262 F.3d 949, 954 (9th Cir. 2001)(ALJ errs by deciding an impairment is the product and consequence of alcohol abuse or drug abuse before deciding whether the impairment is disabling). Given the ALJ's express recognition that "[i]t appears [plaintiff] has never discontinued her cocaine abuse for any prolonged period" (A.R. 443), and Dr. Kikani's opinion that plaintiff's condition is "secondary to her problem related to psychoactive substance abuse, mostly crack cocaine" (A.R. 209), the Court questions whether the ALJ dismissed the significance of plaintiff's mental health limitations because of the extensive evidence of her substance abuse.*fn10
Plaintiff bears the burden of proving that her substance abuse is "not a contributing factor material to [her] disability." See Parra v. Astrue, 481 F.3d 742, 747 (9th Cir. 2007)(plaintiff bears the burden of proving that substance abuse is "not a contributing factor material to his disability"). Nevertheless, on remand, if after properly addressing plaintiff's treating physicians' opinions regarding plaintiff's mental limitations and the alleged side effects, if any, of her medications, the ALJ concludes that plaintiff has a "severe" mental health impairment, then the ALJ should consider whether that impairment would remain in the absence of her substance abuse and, if so, whether it is disabling.
Accordingly, for the reasons stated above, IT IS ORDERED that the decision of the Commissioner is REVERSED, and this case is REMANDED for further proceedings consistent with this Memorandum Opinion and Order.
IT IS FURTHER ORDERED that the Clerk of the Court shall serve copies of this Memorandum Opinion and Order and the Judgment on counsel for plaintiff and for defendant.
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iRobot Roomba 630 with iAdapt Navigation and Dirt Detect Technology.
iRobot® Braava® Mopping Robot helps you maintain clean floors, dry- ordamp-mopping any hard-floor surface with microfiber or disposable cleaning cloths.
iRobot Roomba 866 with iAdapt Navigation Dirt detect Technology series2 Aeroforce and scheduled cleaning.