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Chicago Bears offensive tackle Jordan Mills joins Megan Olivi at the UFC on FOX 10 media day. Mills discusses the similarities between football players and fighters and who he's rooting for in the ma watch video >>
Published on Feb 8, 2014Alex 'Bruce Leeroy' Caceres joined us on MMA Crypt Fighting Talk to discuss his recent win over Sergio Pettis at UFC on FOX 10 - Henderson Vs Thompson event. Also appear watch video >>
http://www.MMAWeekly.com/ -- Nikita Krylov talks about his UFC on FOX 10 victory over Walt Harris and his weight class. watch video >>
http://www.MMAWeekly.com/ -- Despite the controversy swirling around his victory, former UFC lightweight champion Benson Henderson definitely believes he did enough in his UFC on FOX 10 fight with Jo watch video >>
http://www.MMAWeekly.com/ -- Chico Camus met with the media in Chicago to discuss his victory over Yaotzin Meza at Saturday night's UFC on Fox 10 in Chicago. watch video >>
http://www.MMAWeekly.com/ -- Daron Cruickshank talks about his stunning wheel and TKO stoppage of Mike Rio at UFC on Fox 10, which took place on Saturday night at the United Center in Chicago. watch video >>
Chicago Blackhawks center Andrew Shaw joins Megan Olivi to discuss his first live UFC event and whether or not he thinks he could go a round--or two--with Henderson or Thomson. watch video >>
Hear from UFC on FOX 10 headliner Benson Henderson and an emotional Josh Thomson following their bout. Plus, Donald Cerrone and Eddie Wineland discuss their wins. watch video >>
In Round #433 KNUCKLE UP host EUGENE S. ROBINSON of http://BloodyElbow.com does the unlikeliest of unlikely things and launches a spirited defense of JOSH "THE PUNK" THOMSON a man and a fighter whose watch video >>
Rapper, record producer, and Chicago native Twista stops by to offer his friend, and UFC on FOX 10 main card fighter, Jeremy Stephens some words on encouragement and talks about his growing passion f watch video >>


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Madshus Lillehammer Classic MGV NIS Waxless Skis
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subset: commoncrawl


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All about the numbers
ChicagoBears.com reported yesterday what numbers this year's crop of rookies will wear as well as a number change for second-year wide receiver Earl Bennett.
The following is a list of this year's Bears draft picks accompanied by which number they will wear:
DL Jarron Gilbert (73)
WR Juaquin Iglesias (17)
DE Henry Melton (69)
CB D.J. Moore (30)
WR Johnny Knox (13)
LB Marcus Freeman (58)
S Al Afalava (46)
G Lance Louis (60)
WR Derek Kinder (83)
And this next list of players includes those that went undrafted:
FB Will Ta'ufo'ou (45o)
S Dahna Deleston (45d)
CB Woodny Turenne (47)
RB Tyrell Fenroy (48)
LB Mike Rivera (59)
G Johan Asiata (62o)
LB Kevin Malast (62d)
G Dennis Conley (70)
WR Eric Peterman (86)
The few numbers that stick out the most to me are Jarron Gilbert's No. 73, D.J. Moore's No. 30, Juaquin Iglesias' No. 17 and, to some extent, Johnny Knox's No. 13.
Gilbert will be wearing the same number that defensive end Dan Bazuin occupied while a member of the Bears in 2007. Bazuin, as you recall, may be one of Jerry Angelo's worst draft picks as the GM wasted a second-round pick on him.
D.J. Moore, meanwhile, will have the unenviable task of wearing long-time fan favorite Mike Brown's No. 30. It's difficult for fans to adjust to seeing a different player wearing a popular jersey. Of course, sarcastic analysts will say that No. 30 hasn't been worn all that often the past four years, so what's the problem?
As for Iglesias and Knox, I've never been a fan of receivers wearing numbers in the teens, and with Iglesias figuring to see more playing time this year than Earl Bennett did in his rookie year, it's going to be odd to see No. 17 out there.
As for Bennett, he actually wanted to switch his jersey to No. 10, which was what he wore in college at Vanderbilt, but the NFL has a rule against receivers making a switch from a number in the 80s to one in the teens. Bennett instead has made the decision to wear No. 80, switching from the No. 85 he wore last season. The reason he gave was a bit interesting.
"Number 80 has so much tradition behind it with Jerry Rice and Cris Carter and those guys, and hopefully I can become one of those guys and be a legend like they were," Bennett said.
Simply put, if Bennett wants to become a legend like those guys, he certainly better get started right away. And he better hope his rapport with Jay Cutler pays off big dividends.
As for Devin Hester, he will not have to change his No. 23 jersey because the NFL has said that his number does not have to be reported as eligible to the referee when he comes into the game.
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March 17, 2009
DINA MELANI, PLAINTIFF-APPELLANT,v.PASSAIC COUNTY BOARD OF FREE-HOLDERS, SHERIFF OF PASSAIC COUNTY, PASSAIC COUNTY ADMINISTRATOR ANTHONY DENOVA, AND SHIRLEY FORCE, DEFENDANTS-RESPONDENTS.
On appeal from Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-4624-04.
Submitted December 15, 2008
Before Judges Lisa, Reisner, and Alvarez.
Plaintiff Dina Melani sought damages and counsel fees pursuant to N.J.S.A. 11A:10-4 and 11A:10-5 for alleged violations of the Civil Service Act, N.J.S.A. 11A:1-1 to 12-6, by defendants Passaic County Board of Freeholders (Passaic County), the Sheriff of Passaic County, Passaic County Administrator Anthony DeNova and Shirley Force.*fn1 Plaintiff now appeals the trial judge's decision rendered after a bench trial on May 29, 2007, granting her only partial relief. Although the court concurred that plaintiff had named 118 provisional employees who remained in their positions for longer than twelve months in violation of the Civil Service Act, N.J.S.A. 11A:4-13(b), the court also determined that she was not entitled to statutory damages or counsel fees. We affirm.
To briefly recap the procedural history, in 1998 or 1999, plaintiff brought a wrongful discharge action against Passaic County for termination from her position as Director of Information and Referral within its Department of Aging. We transferred the matter to the New Jersey Department of Personnel (DOP), which is entrusted with the implementation of the Civil Service Act. N.J.A.C. 4A:1-1.2(a). We concluded, among other things, that the case should be transferred to the DOP as a matter of primary jurisdiction. Melani v. County of Passaic, 345 N.J. Super. 579, 589-90 (App. Div. 2001). On January 15, 2004, we affirmed the DOP final decision that Melani lacked the qualifications for provisional appointment to both her first and subsequent position, and that she therefore was not eligible to seek permanent employment status. Melani v. County of Passaic, No. A-5647-01 (App. Div. January 15, 2004) (slip op. at 2). In closing, we said:
We do not foreclose further action on Melani's part pursuant to N.J.S.A. 11A:10-4 (action for enforcement), N.J.S.A. [11A:10-5] (resident actions) or any other applicable statute. [Id. at 12.]
Melani interpreted this language, as stated in her brief, as meaning that we had taken "the unusual step of advising [her] to seek relief" under the applicable statutes. This second complaint followed on October 28, 2004.
The Civil Service Act defines "provisional appointment" as "employment in the competitive division of the career service pending appointment of a person from an eligible list." N.J.A.C. 4A:1-1.3. As a civil service political subdivision whose hiring actions are subject to DOP review, the county is required to advise the DOP of all provisional appointments. N.J.A.C. 4A:4-1.10(a). The filing of the informational "new-hire" forms with DOP triggers the creation of new job titles and arrangements for competitive exams. N.J.S.A. 11A:4-13. Once examinations are administered, a list is thereby created, including statutory priorities that ensure that the most qualified candidates are appointed. N.J.S.A. 11A:4-8. The obvious purpose of the Civil Service Act is to prevent political patronage in filling taxpayer-funded positions in state or local government. O'Malley v. Dep't of Energy, 109 N.J. 309, 313 (1987).
In pertinent part, Melani's 2004 complaint alleged that some 180 provisional employees were employed by Passaic County in violation of the Civil Service Act. Accordingly, she sought damages of up to twenty-five percent of the salaries wrongfully paid plus counsel fees and costs. N.J.S.A. 11A:10-5.
Prior to the commencement of the trial, the issues were narrowed as a result of in limine motions. The phrase used in the complaint, "remuneration paid in violation of this title," was defined as payments made in violation of a previously issued DOP salary disapproval order. When the trial went forward, plaintiff's case consisted of documents relating to the hiring, retention and DOP action concerning 180 alleged provisional employees. Ultimately, the trial judge found that although plaintiff proved that 118 provisional employees had worked beyond the twelve-month limit, she was nonetheless not entitled to damages or counsel fees because such relief should only be granted where a DOP final administrative order had issued disapproving salaries paid to specific provisional employees. The judge further determined that plaintiff did not prove any willful violation where such salary disapproval orders were issued because the status of the employee was subsequently changed to come into compliance with the order.
Because the termination of the remaining 118 provisional employees would significantly impact county government, the judge instead ordered the county to come into compliance over the next six months. In coordination with the DOP, the county was ordered to "appoint all provisional employees to permanent status, correct any improper job classifications or appoint other eligible employees" to fill the positions. He further required that any of the 118 employees still remaining on the county's payroll as provisional at the end of the six-month period be terminated immediately.
Plaintiff first contends that Judge Sokalski erred in finding that the retention of the 118 provisional employees was not a willful violation of the Civil Service Act. In support of the claim, plaintiff offers the specific circumstances of several provisional employees and characterizes Passaic County's alleged willful conduct as displaying a "cavalier attitude" towards the Civil Service Act.
"Findings by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974). We accord great deference to credibility findings. State v. Locurto, 157 N.J. 463, 474 (1999). We should not disturb the trial court's fact-finding unless it is so lacking in support as to constitute a denial of justice. Rova Farms, supra, 65 N.J. at 483-84.
We find Judge Sokalski's conclusions to be amply supported by the record. For example, as a principal defense witness, Anthony Larice, a DOP employee of thirty-seven years and a DOP regional manager, said:
We feel that the County was making good progress, appeared to be interested in properly getting these records up to date. That's not to say there weren't violations that were still out there regarding certifications . . . but on the whole, the County appeared to be making a solid effort to try to bring all of their records in compliance and up to date.
If the DOP itself viewed the county's efforts as sufficient and made in good faith, there is ample support for Judge Sokalski's conclusions. Furthermore, the court heard testimony that the DOP's interpretation of its own regulations did not require automatic termination of provisional employees after twelve months. This is, in part, due to delays caused by DOP's obligation to certify a complete list of eligible candidates. In light of our independent review of the record, we conclude that the judge's findings were based on adequate, substantial and credible evidence. Plaintiff simply failed to prove that the violations were willful.
Plaintiff's second contention is that the judge erred in failing to award damages and attorney fees as she "met her burden of proof." The judge found that plaintiff's reading of N.J.S.A. 11A:10-5 was too broad. He interpreted the language by reading it in conjunction with N.J.S.A. 11A:10-1, which states that prior to reimbursement being required of an individual authorizing payment of a salary beyond twelve months, a salary disapproval order is required. In other words, the judge concluded that the authorizing individual must be acting with actual notice that payment of the employee would result in noncompliance with a salary disapproval order, resulting in personal liability for the person making payments. N.J.A.C. 4A:10-3.1 and 3.2. Plaintiff does not dispute this reading of the statute. Because no violations of a salary disapproval order were established as to the remaining 118 provisional employees, no damages or counsel fees were awarded. Unless plaintiff proved the payment of an employee in knowing violation of a disapproval order, she was entitled to neither damages nor attorney fees. Merely retaining the employee was not "in violation" of the Act if there were attenuating circumstances. We agree.
This individual plaintiff should not be in a better position to recover moneys than the DOP, which is entitled to similar statutory relief. As the judge said, "[I]t would be illogical to vest greater authority in a resident who brings suit than that possessed by the board or commissioner whose function is to implement and enforce the [A]ct." As found by the judge, to construe the Act otherwise, even in the absence of clearly limiting language in N.J.S.A. 11A:10-5, would "paralyze the government's ability to carry out the [A]ct." There would be a natural reluctance to take on responsible positions in government on the part of qualified persons knowing the personal financial consequences that they might face when dealing with provisional-status employees working beyond twelve months. We agree with this reasonable interpretation of the Act, which seems eminently in accord with its public purpose.
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Online Class
Inspired Modern Quilts: 7 Small Projects With Big Style
with Elizabeth Hartman
What are you most proud of? I'm proud of again trying new ideas that result in a good finished product. What advice would you give someone starting this project? The similar sizes of some of the pieces make choosing the pieces for each block trickier than you might think! Keep them totally separated as Elizabeth suggests.
No completed Q&As yet.


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Now is not the time for a big trade
Ari Yanover
November 14 2016 10:00AM
So apparently, Dougie Hamilton's name is popping up in trade rumours. It's not that the Flames are necessarily shopping him - it's that other teams are asking about him.
And why wouldn't they be? The Flames are a sinking ship, their season on the verge of being over in all ways but mathematically, and we're only halfway through November. That's when the sharks come out, looking for an easy bite.
After all, something needs to be done with the Flames. A trade is one of the quickest possible fixes there is.
But those teams aren't looking to help the Flames, they're looking to help themselves. The fact that Hamilton is apparently being sought after is enough to tell you that Calgary should keep him.
FN Mailbag - November 14, 2016
Kent Wilson
November 14 2016 08:00AM
The Flames are almost a quarter of the way through the 2016-17 season and you might be feeling a sense of deja vu. Right now they have the exact same record through 16 games as they did last year: 5-10-1.
Brad Treliving overhauled his coaching staff in the offseason, took a sledgehammer to his right wing and re-signed two of his cornerstone player to expensive, long-term contracts. Things were supposed to be different this year. They were supposed to be better.
Unfortunately right now, we don't know if this is some sort of aberrant run as the roster acclimates to the new coach or if the new bench boss and crew are hopelessly out of their depth. What we do know is that this spate of incompetence has likely sunk another season, dooming the Flames to another year of trade deadline selling and draft watching.
The question is what happens in the interim? Do the decision makers ride this out and re-evaluate in the summer or will they be prodded to make some sort of drastic move in the short term?
In the mailbag today we talk about special teams, goaltending and potential shake-up trades.
Flames representation in the Hockey Hall of Fame
Ryan Pike
November 13 2016 12:00PM
For a franchise that's as young as it is, the Calgary Flames have a lot of members of their extended family enshrined in the Hockey Hall of Fame. Since their establishment as a National Hockey League franchise way, way back in 1972, the Flames have sent 13 players and builders to hockey's hallowed grounds – 2016 inductee Sergei Makarov, who will be honoured Monday, makes it 14.
Here's a glance at the many representatives of the Flames in the Hall.
Rangers 4, Flames 1 post-game embers: The bend in the break
Mike FAIL
November 13 2016 08:00AM
Here we are friends, presumably some sort of new low that the Calgary Flames have sunk to. It's not pretty, it's not fun, and it's certainly not the end of the world - though the intrepid nature of sportswriters looking to find any opportunity to strike it rich with fervent hyperbole in a super-reactionary world of sports fans would like you to believe so.
Don't worry though, there is some hyperbole here.
That said, we can all believe with varying degrees of certainty that the season that we're witnessing now probably could have started better based on things said in the offseason. So how do you right the wrongs? How do you turn this around?
Post-Game: A statement game
Ryan Pike
November 12 2016 11:07PM
My thought this morning at the Saddledome was that tonight's game with the New York Rangers could be a statement game for the Calgary Flames. My thought process was that the Flames would either grind out a close victory over a superior opponent – making the statement that they can, indeed, hang with the big kids if they knuckle down – or that they would lose a very one-sided game – making the statement that they cannot yet hang with the NHL's big guns.
Well, we have our statement: the Flames were out-matched, out-worked and out-played in a very one-sided 4-1 loss to the Rangers. They're first team in the National Hockey League with 10 regulation losses this season.


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1 review
Samsung Series 9 Laptop Reviews
- Other Laptops:
- Average: 4.2
- High: 5.0
- Type:
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- Brand:
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Read 1 Review
REVIEW SNAPSHOT®by PowerReviews
Samsung Series 9 Laptop
Reviewed by 1 customer
Comments about Samsung Series 9 Laptop:
The only complaint I have is that the driver for the video card fails occasionally. There has been no resolution or update that has fixed it as of yet. I've had it a year and love it. I have had it for over a year and it has been everything I've needed from photoshop to Fallout 3.


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Hotels in Carranque
Hotel Santo DomingoSan Bernardo 1, Madrid 4.0 out of 5.0
Set in the shopping streets off Gran Vía, this hotel is within a 10-minute walk of Madrid's famous central squares of Plaza Mayor and Puerta del Sol. The Royal ...
Deluxe room very comfortable and quiet. Great location within walking distance of Puerta del Sol and Plaza Mayor. Staff very helpful. Standard rooms are very up to date and comfortable though small. Breakfast buffet is excellent.
Hotel Paseo del ArteAtocha 123, Madrid 4.0 out of 5.0
This family-friendly Madrid hotel is located in the historical district, just steps from CaixaForum Madrid and Museo Nacional Centro de Arte Reina Sofia. Prado ...
It's a nice hotel and very reasonably priced. The only issue is that it's away from the main area and very close to the train station. While I was checking in on the first day, some guy tried to steal/roll my suitcase away... I grabbed it quickly as I was alert, and had been warned this might happen. ...
Hotel EmperadorGran Via 53, Madrid 4.0 out of 5.0
Grand hotel on Madrid's famous central thoroughfare of Gran Via, less than 1 kilometer from Plaza Mayor, Royal Palace, and Puerta del Sol, and 2 kilometers from ...
Great everything.location hotel staff pool.room amenities
Hotel Atlantico MadridGran Via 38, Madrid 4.0 out of 5.0
Located on central Madrid's main artery, the Gran Via, opposite Plaza Callao, this historical building reflects early 20th-century eclectic style with ornate ...
I loved everything about this hotel, from the shuttle pick up to my check out. The staff was so friendly and accommodating, the room was comfortable and the hotel was in the perfect location for walking around and going to see all the local sites.
TRYP Madrid Cibeles HotelCalle de Mesonero Romanos 13, Madrid 4.0 out of 5.0
With its convenient location on the Gran Via near 3 metro lines, TRYP Madrid Cibeles Hotel is a convenient starting point to visit the Prado or Queen Sofía museums. ...
Overall very nice hotel, clean and with great location. Breakfast was awesome except our last morning before departure - we asked for a packed breakfast as we had to leave to the airport before breakfast time. It was terrible! Tiny and and not sufficient even for a child. Clearly the hotel could ...
Apartosuites Jardines de SabatiniCuesta de San Vicente 16, Madrid 3.0 out of 5.0
Located in Austrias, this aparthotel is within a 10-minute walk of Campo del Moro and Plaza de Espana. Plaza Mayor and Royal Palace are also within 1 mi (2 ...
Vincci Vía 66Gran Via 66, Madrid 4.0 out of 5.0
This Madrid hotel is on Gran Via, lined with shops, theaters, and architectural treasures. Plaza de España is within a 5-minute walk. Plaza Mayor and the Royal ...
Excellent stay! Great location, clean and spacious room. I would definitely come back on my next trip to Madrid.
Hotel ArosaSalud 21 Edificio Gran Via 29, Madrid 4.0 out of 5.0
Just off Madrid's busy Grand Via, this 18th-century hotel is 500 meters from the huge El Corte Inglés department store at Puerta del Sol and one kilometer from ...
Good as always. I've stayed here for Thee years nic
ComendadorCalle Serranillos 32, Carranque 4.0 out of 5.0
Located in the heart of Carranque, this spa hotel is within 9 mi (15 km) of Carranque Archaeological Park, Plaza de Espana, and Senorio de Illescas Golf and ...
ReginaAlcala 19, Madrid 3.0 out of 5.0
Located in Gran Via, this hotel is within a 5-minute walk of Casino de Madrid and Puerta del Sol. Plaza Mayor and Thyssen-Bornemisza Museum are also within 10 ...
Was only here for a day. Seemed like a great location.
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Thanks to photos and virtual tours, you can look before you book your Carranque hotel reservation. Check out Carranque hotel properties using interactive tools which allow you view hotel rooms, common areas and key features. On Orbitz, you can also learn more about hotels in Carranque with unbiased reviews from verified Carranque hotel guests. We ask guests to offer candid feedback on services, comfort, location, value and amenities.
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Cities near Carranque
- Madrid Hotels (20.27 mi)
- Aranjuez Hotels (19.67 mi)
- Getafe Hotels (15.71 mi)
- Pinto Hotels (13.51 mi)
- Brunete Hotels (15.64 mi)
- Cubas de la Sagra Hotels (4.75 mi)
- Fuenlabrada Hotels (9.98 mi)
- Sevilla la Nueva Hotels (13.62 mi)
- Yuncos Hotels (6.4 mi)
- Leganes Hotels (13.34 mi)
- San Martin de la Vega Hotels (19.71 mi)
- Valdemoro Hotels (14.13 mi)
- Toledo Hotels (22.71 mi)
- Mostoles Hotels (9.96 mi)
- Maqueda Hotels (24.27 mi)
- Pozuelo de Alarcon Hotels (18.37 mi)
- Parla Hotels (9.15 mi)
- Alcorcon Hotels (13.35 mi)
- Rivas-Vaciamadrid Hotels (23.76 mi)
- Majadahonda Hotels (20.22 mi)
Top Points of Interests in Carranque
- Carranque Archaeological Park Hotels
- Plaza Mayor Hotels
- Prado Museum Hotels
- El Rastro Hotels
- Royal Palace Hotels
- Plaza de Espana Hotels
- Parque Warner Madrid Hotels
- Museo Nacional Centro de Arte Reina Sofia Hotels
- Almudena Cathedral Hotels
- Thyssen-Bornemisza Museum Hotels
- Madrid Zoo Aquarium Hotels
- Vicente Calderon Stadium Hotels
- Puerta del Sol Hotels
- Madrid Planetarium Hotels
- CaixaForum Madrid Hotels
- Madrid Arena Hotels
- City Hall Hotels
- Aquopolis Hotels
- Casino de Madrid Hotels
- Principe Pio Hotels
Hotels by Airports near Carranque
More to Explore
* Prices reflect the lowest "base rate" found over the next 30 days. Rates are subject to change and may not include taxes and fees, hotel service charges, extra person charges, or incidentals, such as room service. All rates are displayed in USD unless otherwise noted. Converted rates are provided for your convenience. They are based on today's exchange rate, but the hotel will charge you in the local currency.


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Symantec's Security Flub Has Google Playing Hardball
Symantec issued security certificates to the wrong entities, so Google is cracking down because that error might mean trusted sites aren't so secure.By Evan Thomas | October 29, 2015
Google is throwing its weight around: not with search results or cloud storage but on the matter of TLS certificates.
TLS certificates verify that website owners are who they say they are, and that secure connections are truly secure. The certificates come from trusted third parties called Certificate Authorities, or CAs.
So it's important to know you can trust your CA to issue accurate certificates. Without that, you can't trust your Web data will be properly encrypted.


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Posted: Wednesday, November 30, 2016 4:30 PM
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The average cost for a Wheel Hub Replacement is between $281 and $313. Labor costs are estimated between $114 and $145 while parts are priced between $167 and $168. Estimate does not include taxes and fees.
Wheel Hub Replacement Cost for Hyundai Sonata
Wheel Hub Replacement Estimate (National Average)
Validated estimate range for national average.
View Estimate Details
Parts & Labor Breakdown
Labor: $114 - $145
Parts: $167 - $168
Estimate does not include taxes and fees.
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790 N Lake St.,Grayslake, IL 60030 | Map
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Rupert Murdoch and his son James today bowed to pressure from MPs and agreed to give evidence next week to a Commons committee investigating the phone-hacking scandal.
A News Corporation spokesperson said: "We are in the process of writing to the select committee with the intention that Mr James Murdoch and Mr Rupert Murdoch will attend next Tuesday's meeting."
Earlier the Commons Culture, Media and Sport Committee announced it was issuing summonses for the two men to appear on Tuesday after they had said they were not available to appear on that date.
The decision that they will now give evidence - on the final day before the Commons breaks for the summer - was welcomed by committee chairman John Whittingdale.
"It will be the first time that Rupert Murdoch and James Murdoch, and indeed, Rebekah Brooks will have answered questions about this," he told Sky News.
"They will be appearing before a parliamentary committee so I would hope they would take it seriously and they will give us the answers that not just we want to hear but I think an awful lot of people will want to hear."
Earlier, the Leader of the Commons, Sir George Young, confirmed that - in theory at least - the two men could be fined or even imprisoned if they defied the summonses issued by the committee.
The News Corp chairman and chief executive and his son, who is the organisation's deputy chief operating officer, will appear alongside Rebekah Brooks, the chief executive of News International, which published News of the World.
In a letter to the committee Mrs Brooks warned that the ongoing Scotland Yard investigation into the phone-hacking scandal "may prevent me from discussing these matters in details".
Mr Whittingdale said it was important for the British public to hear the trio account for themselves and apologise following the disturbing allegations made about criminal practices at the News of the World.
"Obviously the committee would not want to do anything to jeopardise a police investigation or criminal prosecution but nonetheless I think there is considerable opportunity for her and her bosses to set the record straight," he said.
"One of the problems with the judicial inquiry is that it won't start looking at this matter for a long, long time to come.
"I think it is important that the British public hear Rupert Murdoch, James Murdoch and Rebekah Brooks give an account of what has been going on in their newspaper and apologise."
He added: "One of the things we still don't know is how far up the organisation this went. Anyone who had any involvement or knowledge almost certainly shouldn't be in their job and possibly faces criminal charges."
Labour MP Chris Bryant urged the CMS committee to order Mrs Brooks and the Murdochs to give evidence under oath.
"It is within the powers of the committee to decide that witnesses shall give evidence under oath," he told the BBC.
"I think that's one of the things they should do so that if they then perjure themselves they can be had up for perjury.
"It may be that their lawyers tell them to stonewall but I think that would be a big mistake."
Business Secretary Vince Cable was stripped of his powers on media regulation after he told undercover reporters he had "declared war" on Rupert Murdoch in December last year.
He said the rules over what constituted a fit and proper owner for broadcasting firms "may need to be revisited".
Mr Cable told the BBC Radio 4 PM programme: "It is a little bit like the end of a dictatorship when everybody suddenly discovers they were against the dictator."
- More about:
- Dictators
- James Murdoch
- Phone Hacking
- Rupert Murdoch


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Happy Fathers Day Meme
When they won those awards and sang, I cried A LOT. You don't understand how much I cried. I had dried tears on my face and watery eyes for the rest of the day thinking about them.
Funny Pictures Of The Day - 39 Pics
If everything I ate said this, maybe I wouldn't eat so much...
Happy Fathers Day y'all! Heres a funny #StarWars Fathers day #Meme for everybody to enjoy lol
Funny Pictures Of The Day – 38 Pics
Walking Dead Humor
Happy Fathers Day, Batman!
Heaven is cheering you on! Jeffrey R. Holland. Quote. The Church of Jesus Christ of Latter Day Saints. LDS. General conference. Encouragement. Be happy!
haha-love this pic
Happy Father's Day! (Overwatch edition) - has the best funny pics, gifs, videos, gaming, anime, manga, movie, tv, cosplay, sport, food, memes, cute, fail, wtf photos on the internet!


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An old illustration I'd done for John Deere when they opened a museum & gift shop in Moline, Illinois. It's 14' tall by 38' wide - still there after all these years. Attachment is the full view (in black & white - I like it better).
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Discussion in 'iTunes App Store Games & Apps' started by iPhondTouch3G, Sep 13, 2009.
Besides Fishlabs' Rally Racing thing, are there any games that fully optimize OpenGL 2.0?
no!! i dont know why developers are not using it !!????
Tone it down with the exclamation points. The reason they aren't going to start pumping out games that require Open GL 2.0 is because they aren't going to exclude half of their customers. Everyone on a Ipod touch 2G or below, or iPhone touch 3G and below.
It wouldn't make sense. It'd be bad for business.
Adrenaline Golf Online does i think, well it uses iPhone 3gs capable graphics
yeah thats right but like in PC where in a game u have options to change the graphics resolution and graphical stuff they can do the same thing with iphone games so ipodtouch 1g and non-3gs iphones can use the normal state and opengl 2 users can use those option to have better graphics!!!
but developers are not using it at all!!!!!!! u know what im saying its like u have something which can do more but u dont use it!!!
"Nova" from Gameloft?
Adrenaline Golf is one and there are a few others, but unless your using an OpenGL 2.0 capable device (3GS or iPod touch 3G) then you wouldnt know. Like Adrenaline Golf they switch graphics engins on start depending on what device its installed on.
The reason there are not alot of OpenGL 2.0 games out yet is because its not worth it for developers to build in that support (Yet) because it takes extra time and recorces to build in the support and there are more older ipods/iPhones out in the wild than new OpenGL 2.0 capable devices. Plus the new ipods and iphone are capable of running OpenGL 2.0 & 1.0. Adding dual support just is not worth it for developers right now and with apple leaving the iphone 3G and 2G ipod touch being the cheapest option, then we probably will not see a whole lot of OpenGL 2.0 games for a long time.
Once the newer to older device ratio is reversed we will see more next level graphics games.
1. I didn't know that uses OpenGL 2.0!
2. It'S not out! The thread title is
It's NOT going to be 3GS enabled....
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The average cost for a Exhaust Muffler Replacement is between $1356 and $1376. Labor costs are estimated between $70 and $89 while parts are priced between $1286 and $1287. Estimate does not include taxes and fees.
Exhaust Muffler Replacement Cost for Acura ZDX
Exhaust Muffler Replacement Estimate (National Average)
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Labor: $70 - $89
Parts: $1286 - $1287
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Citigroup reverse split option20 Mar 2009
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Citigroup mulls reverse stock split option
Citigroup is weighing a reverse stock split, a move that wouldn't actually raise value for shareholders but would increase the share price.
The Wall Street bank on Thursday said it would file a proxy to regulators to authorise its board of directors to execute a reverse stock split.
In a filing with the Securities and Exchange Commission, the bank said it would seek approval for seven different reserve-split ratios from 1-for-2 to 1-for-30. The option to conduct the reverse split would expire in a year.
Citigroup is offering to swap common stock for up to $27.5bn (€20.1bn) of its preferred shares at $3.25 a share. The government would match up to $25bn of the exchange.
The move could raise the bank's share count from 5.5 billion to more than 21 billion shares outstanding.


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Star Trek inspired trailer for Mitch Gagnon vs Dustin Kimura upcoming UFC bout. September 21st in Toronto, UFC 165 watch video >>
UFC 165: Jon Jones talks fighting Alexander Gustafsson, Greg Jackson, and more watch video >>
Alexander Gustafsson corrects people on his reach and talks about how he has no doubt he will be able to win the fight against Jon Jones at UFC 165 by staying on the outside. watch video >>
http://prommanow.com -- ProMMAnow.com reporter Daniel Theodore recently caught up with UFC welterweight top contender Johny Hendricks at the UFC World Tour in L.A..Hendricks explained why and how he watch video >>
UFC 165: Brendan Shaub talks fighting Matt Mitrione, Critics, Jon Jones at Heavyweight watch video >>
UFC 165: Alexander Gustafsson talks fighting Jon Jones watch video >>
UFC 165: Brendan Schaub talks fighting Matt Mitrione, training with Lyoto Machida watch video >>
UFC 165: Jon Jones talks fighting Alexander Gustafsson, his pay vs Floyd Mayweather watch video >>
Inför den stora titelmatchen på lördag har Kimura rekryterat en ny reporter i sin redan gedigna lineup. Det nya tillskottet: Alexander Gustafsson. Se honom intervjua sin egen manager som första uppdr watch video >>
http://fightnetwork.com - John Ramdeen and Robin Black catch up with Tito Ortiz to discuss Jon Jones' opportunity to beat his record for consecutive title defenses in the Light Heavyweight division a watch video >>


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Strongfort Castle
Craughwell, Ireland Republic of
Cari Kadar Hotel
Carian Baru-baru Ini
Wego mencari pelbagai laman pelancongan agar anda dapat melihat dan membandingkan kadar terbaik.
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Berdasarkan ulasan dari seluruh web.
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All rooms have Non Smoking Rooms, Television , Bathtub, Shower, Mini Bar, Balcony/Terrace as well as other amenities.To make each guest's stay more complete, this Galway hotel offers Executive Floor , Laundry Service/Dry Cleaning, Hotel/Airport Transfer, Pets Allowed. For the enjoyment of guests interested in sports or leisure, there are Garden on the grounds.The hotel blends expert service with state-of-the-art facilities to provide guests with a memorable stay.Making an booking at Strongfort Castle Galway is easy with our secure online form; just enter your dates and click.
Peta & Lokasi
Craughwell Ireland Republic of


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Guys, i have a question with cultus owners, specialy carb engine 2007, i am planning to go to hilly areas, like Marree, nathiya gali, or towards naran kagan, not decided yet, but soon
will cultus with 5 passenger on petrol be able to take me to destination ? or i will be just looking for people to push my car? specially when car stops on slope due to sudden brake and take off from ZERO again.
only those who have cultus and were succesful or failed , please comment, or some one saw cultus person having issue or success,
"others with only thinking or idea, like i think it wont or it will , dont reply to post "
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If you're not a BlogAdda member,
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He: I...
Ek hi din mein shuddh hawa chahiye sabko. Diwali ki safai mein hi 3-4 din lag jate hain. Sabr kar lo bhai. Sarkaar hai, P. C. Sorcar nahi!
Its funny how everyone wants to park their car in shade but no one wants to plant a tree.
Bhakto ke reaction: 1. When Congress wali Sarkar engages in talks with Pak 2. When BJP wali Sarkar engages with Pak...
Dino Morea tweeted using "# CelebratingJio" so that people think he is also a celebrity. Lol...
When Your World Moves Out Into The World...
From Ideation To Implementation...
For Dad...
The Chutzpah of Media's Sycophancy...
Ever heard of anyone who wants to write a 100 books in their lifetime? We have heard of one such person, and her name is Anamika Mishra. Anamika is an author, a blogger, a public speaker, positivity spreader, bibliophilie and much more. We love the way positive vibes are interspersed with beauty on Anamika's webspace, and so decided to interview her. Read the interview where Anamika explains how she seamlessly blends the blogger and author in her.
From the calm Darjeeling to the fast paced Mumbai, she has a lot to share! She blogs splendid ideas as DIYs for home decor as and when she tries them in her own home at Navi Mumbai. A person who is absolutely mesmerized by the concept of beach houses! She adores the colour white and other pastel shades. An exceptional interview with Rukmini Roy, the winner of the Best Blog Award for the Arts, Crafts and Design Category!
Working with the school is infinitely more satisfying and meaningful. No questions about it
The Guardian
Whispers And Tall Tales
DeScooterization #Shortstory
Of Mothers, Memories And Loss Of Them
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'Friend' the one with whom you can share all your secrets, insecurities, anxieties and guilty pleasures. Who listens to all your cries and sobbing over the phone. This special person is like a lifeline to save you from all life's horrors. The one you can wake up at an ungodly hour. You know you can bank onto them to give you a patient listen. Just like how Alia's 'Jug' (Shahrukh Khan) in the movie Dear Zindagi enunciates the qualities of a true friend. Who's your jug? The one who holds the closest spot in your heart!
Did you just play the the title song of 'The Jungle Book' in your head on reading the title? For the generation that grew up in the 80s and 90s, Sunday mornings meant rushing to the TV when the Jungle Book song started and plonking yourself in front of the screen to be a part of Mowgli, Baloo, Bagheera, Kaa and Shere Khan's adventures! As The Jungle Book movie gets ready to release on the 8th of April, dive into the deep recesses of the jungle where you spent your childhood with Mowgli, and tell us your favourite bits about the The Jungle Book!
It's that time of the year again, where we will scream and shout, "Holi Hai"! As India's most colourful and fun-filled festival is back, gulaal will blast from pichkaris around every corner, delicious gujiya will be washed down with thandai, and everyone will jump and dance with 100% masti!
Don't just type, talk to your audience. Blogging is way big a market on internet and people will like you if you do more than just providing information. Suggest, express, appreciate, criticize and have an opinion to build a relativity to a like minded audience. Make them feel that their visit to your blog matters to you.
Newsletter: Newsletter is a great way to keep your audience glued on to all that is happening on your blog. It is best way to know who your loyal audience is.
Audio Copy - Making an audio copy of a blog post is a great way to market your content. You can use it to share on a podcast feed. It is easy, fun and mobile.
Life lived with a purpose and letting no persuasive action alter it, leads to your destiny. Be it your health, wealth, happiness or any other element, can come in the check-list of your wishes. You do understand and know better than anybody else, what you wish to become or would like to manifest for yourself. Yes, everybody in life's race is searching for paths to fulfill their wishes. The things you discern to be the best and yearn for it until you achieve it. It is impossible to find anybody who doesn't have his/her heart set on something. You are obstinate and persistent to clinch something you have a yen for!
Ever perused about the theory on soulmates? There are different kinds of relationships that breathe in our society and culture. The most deep of all, that gives you a feeling of strongly hitched and the one that acts as a mirror is labelled as 'Soulmate' that tingles all your senses. Your soulmate is your twin flame, that completes the incomplete in you or removes the unrequired. You might encounter this at any given point in your life, be it in family, love or friendship. The person that matches down to the very toes of your soul, enlightens your path and you finally find all your strings perfectly attached!
Birthday has always been special for us. This is one day that we give an extra meaning to. The butterflies start to flutter in our tummy, as the clock ticks to 12 o'clock. Family, friends, colleagues and acquaintances all sprinkle their love and good wishes on this splendid day in our life. It is a momentous occasion that is to be commemorated. Gifts, surprises, wishes from your loved ones, that extra pampering all these happy hues of life adds more significance to birthday.
From: Kota
My B'day11 May
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@BlogAdda.com , Largest Indian Blog Directory House To Popular Indian Blogs and Indian Bloggers


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Welcome Girls!
This group is for lesbian women who are all about enjoying each other's company, meeting new friends, staying active, and getting together to have fun!
Do you like sports, dinners in or out, wine-tastings, attending sporting events, summer BBQ's? How about white-water rafting, flag football, live music, Pride activities, and charity events?
If you are looking for good conversation, great laughs, and a relaxing comfortable environment to socialize with other lesbian women, here's your chance to come out and join us! We will post events at least once a month ... located either in Dutchess, Westchester, CT, NJ or NYC.
We have TONS of awesome activities in the planning, so with help from all of you, this group promises to be a blast!
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Join this free martial arts wiki & community. Add info & help beginners with Shotokan Kata, Kicks, Punches, Grappling, Taekwondo Forms & Patterns, Aikido, Goju-Ryu, Krav Maga, Bo Staff, Judo, Kyokushin, etc. Fitness & sports experts can help with Hojo Undo, Strength Training, Core Exercises, Warm-Ups, Balance, Stretching, etc. Meet your fellow martial artists by joining our Wiki Community.
Page Revision Date - 14 Sep 2015 13:09
List of Hapkido Techniques with Instructions & Videos
Here is a list of common Hapkido techniques. Each technique has written and/or video instructions that will help you to master that kick, strike, elbow lock, etc.
The information on these pages and videos are meant to reinforce and supplement the instruction given at your Hapkido classes. To properly understand these techniques, you need to learn them from a Hapkido instructor who can provide you with an in-depth explanation of the technique, help correct your mistakes, answer your questions and detail how the technique should be utilized.
List of Hapkido Techniques
Hapkido Kicks
Hapkido Punches & Strikes
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Hapkido Falling Techniques
Hapkido Weapon Techniques
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Please visit the wiki community to see the most recent members posts. However, we have listed below some of the top-rated posts added by our members to the wiki's social community. FYI - These are not wiki pages but rather are fantastic member generated martial arts questions & answers. We hope you become a member.
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November 16, 2010
55 KENMORE LANE, LLC, ASSIGNEE OF KENMORE WOODS, LLC PLAINTIFF,v.UPPER PROVIDENCE TOWNSHIP, UPPER PROVIDENCE TOWNSHIP SEWER AUTHORITY, DEFENDANTS.
Presently before the Court is the Motion for Summary Judgment filed by Defendants Upper Providence Township ("UPT") and Upper Providence Township Sewer Authority (the "Authority") (Doc. No. 17) (the "Motion"), together with Plaintiff 55 Kenmore Lane, LLC, Assignee of Kenmore Woods, LLC's "Answer of Plaintiff, Kenmore Woods, LLC to Motion for Summary Judgment of Upper Providence Township and Upper Providence Township Sewer Authority" (Doc. 19) and "Memorandum of Law of Plaintiff Kenmore Woods, LLC" (Doc. 20) (collectively "Response") and the "Defendants', Upper Providence Township and Upper Providence Township Sewer Authority, Reply Brief in Support of Motion for Summary Judgment"(Doc. 25) ("Reply").*fn1 The matters are now fully briefed, the Court has had the benefit of oral argument and has made a determination as set out in its Order entered on November 15. 2010 (Doc. 29). In this Memorandum Opinion, we set out our reasoning pertaining to the order that grants the motion with respect to Plaintiff's constitutional claim set out in Count One, denies the motion with respect to Plaintiff's state law claims set out in Counts Two through Six, and grants the motion with respect to Plaintiff's claims for counsel fee set out in Count Seven to the extent that those claims are dependent upon the survival of Count One. Further, the Court has determined that it will retain jurisdiction of the case and trial of Counts Two through Six shall commence on Monday, December 6, 2010 as scheduled. (See Doc. 24.)
In its complaint, Plaintiff has set out a claim for "Denial of Due Process Under Color of State Law" pursuant to 42 U.S.C. § 1983 (Count One), together with state law claims for "Breach of Contract" (Count Two), "Misrepresentation" (Count Three), "Promissory Estoppel" (Count Four), "Unjust Enrichment" (Count Five), and a "Violation of Statute -- 53 Pa. C.S.A. § 5307(d)(31)(iv)" (Count Six). Plaintiff also asserts a claim for "Counsel Fees and Costs" under 42 U.S.C. § 1988 directly associated with the claim for the constitutional violation set out in Count One.
The facts around which Plaintiff has constructed these claims concern a dispute between Kenmore, controlled by a Delaware County developer, Robert DiDomenico, and defendants, over the question of Kenmore's claim for reimbursement for expenditures incurred in the construction of an extended sewer line (the "Kenmore Line") in support of a residential development project it was undertaking known as 211 Sycamore Mills Road, Upper Providence Township, Delaware County, Pennsylvania and operating through Kenmore Woods, LLC.
On July 5, 2007, UPT entered into a subdivision agreement with Kenmore approving Kenmore's plan with certain requirements, including that the:
Developer [Kenmore] shall create and install all sanitary, sewer and storm sewer facilities as shown on the Plan in accordance with the recommendations of the Township Engineer and requirements of the Township Ordinances and Specifications, and more particularly in a manner to ensure safe and adequate drainage of storm water and sewage from the said tract of ground, under or across the same, in accordance with said Specifications. (Exhibit 1 to the Motion, p. 2.)
As matters progressed, and upon the filing of an application with UPT for approval of a final subdivision and land development plan, Kenmore and the Authority entered into a Sewer Improvements Development Agreement ("SIDA"), dated August 8, 2007. That agreement set out the nature of the arrangement between Kenmore and the Authority and concluded:
Developer and Authority acknowledge and agree that pursuant to the provisions of the Municipality Authorities Act (the "Act"), 53 Pa. C.S.A. § 5601, et seq., including but not limited to 53 Pa. C.S.A. § 5607(d)(31), since Developer will be constructing or causing to be constructed at its expense an extension of the Authority's sewer system, the Authority shall provide for the reimbursement to Developer when the owner of another property not in the Kenmore Woods subdivision connects a service line directly to the extension within ten (10) years of the date of dedication of the extension to the Authority, in accordance with the provisions of the Act. Contemporaneously with the dedication of the Sanitary Sewer Improvements, Developer and Authority shall enter into a reimbursement agreement attaching as an exhibit an itemized listing of all sewer facilities for which reimbursement will be provided, which shall include but not be limited to all sanitary sewer facilities constructed by or on behalf of Developer in the rights-of-way of Sycamore Mills Road, Rose Tree Road and/or Providence Road. The amount of the reimbursement which Developer may receive shall be calculated in accordance with 53 Pa. C.S.A. § 5607(d)(31)(iv). (Exhibit 12 to the Motion, p. 6)
Plaintiff argues that this language imposes upon the Authority the responsibility for reimbursement in accordance with the Municipal Authorities Act ("MAA") or otherwise. The Authority points out, however, that any obligation running to the benefit of the developer for reimbursement comes about only "when the owner of another property not in the Kenmore Woods subdivision connects a service line directly to the extension . . ." and that this circumstance never came about. Plaintiff, acknowledging this language in the agreement, (without conceding any particular legal significance) argues that the Authority effectively controlled this conditional because the owners of the other properties who might have been in a position to connect their lines could do so only upon the direction of UPT or the Authority.
By early 2009, Plaintiff completed the Kenmore Line and was apparently ready to accommodate the connections which had been the subject of discussion involving the Authority engineers and Kenmore. Kenmore had an understanding from these discussions that UPT and the Authority would support connections from the Springton Lake Middle School (the "School"), the Lutheran Reformation Church (the "Church") and ten residences along Sycamore Mills Road (the "Residences"), and that these connections would provide a source of reimbursement to Kenmore for its construction costs. Plaintiff argues that it was upon this understanding and representations made by UPT and the Authority that Kenmore determined to incur the substantial additional expenses in constructing the Kenmore Line as it did.
Plaintiff alleges that unbeknownst to it, UPT and the Authority had already been in discussions with another sewer authority (the Central Delaware County Authority) to increase the overall sewage capacity of the Township in specific areas which would put the School, the Church and the Residences in a position where they would have to hook up to this new sewer line as opposed to the Kenmore Line. Plaintiff argues that by this conduct the defendants concealed and misrepresented material facts to Kenmore, have been unjustly enriched, have breached the SIDA, have violated the MAA and should be estopped from walking away from their obligations.
Defendants argue that the choice Kenmore made to construct the Kenmore Line as it did was motivated by apparent difficulties with other possible options and that the line it was required to construct for the development would likely have had to follow the same right-of-way that the Kenmore Line ultimately used such that Kenmore suffered either no or minimal damage. Further, defendants argue that the Authority was doing nothing more than "trying to find a way through a maze of conflicting interests and overlapping jurisdiction and still provide the residents of UPT an adequate sewer system" and that Kenmore entered upon this "hodgepodge of interests and jurisdiction" with the expectation that the only proper point of response from the Authority should have been considering the particular interest of Kenmore. (See Doc. 17 at 37-38.) This the Authority says it cannot do. We are now left to consider the parties' positions as they have been developed on the record before us and against the standards set out to guide us at this stage.
Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c)(2) (Dec. 1, 2009). An issue is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A factual dispute is "material" if it could be said to affect the outcome of the case under governing law. Id. The moving party bears the initial burden of "'showing' -- that is, pointing out to the district court -- that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). In order to successfully oppose a properly supported motion, the nonmoving party must "go beyond the pleadings and by her own affidavits, or by the 'depositions, answers to interrogatories, and admissions on file,' designate 'specific facts showing that there is a genuine issue for trial.'" Id. at 324 (quoting Fed. R. Civ. P. 56(e)). In reviewing the summary judgment record, "a court must view the facts in the light most favorable to the nonmoving party and draw all inferences in that party's favor." Armbruster v. Unisys Corp., 32 F.3d 768, 777 (3d Cir. 1994). The court may not make credibility determinations or weigh the evidence in reaching its conclusion. See Anderson, 477 U.S. at 255 (observing that these are jury functions).
Plaintiff claims that there has been an unconstitutional "taking" by the Authority by virtue of its acceptance of the deed of dedication presented in May 2009 without disclosure of its knowledge that the path to reimbursement to Kenmore was in jeopardy. Plaintiff further asserts that the Authority's decision to become part of the Township-wide sewer improvement plan, without notice to Kenmore, eliminated the opportunity for Kenmore to be heard or to adjust its position and resulted in an unconstitutional taking in violation of Kenmore's due process rights under the Fourteenth Amendment.
On their behalf, defendants assert that the decision made by Kenmore to construct the Kenmore Line after discussion with Authority engineers and engineers on behalf of the School and the Church was not forced upon them by the defendants, nor did the defendants otherwise "demand" that Kenmore construct the expanded line and that it entered upon that decision for its own reasons. Indeed, the defendants point to several potential problems Kenmore had in considering alternate sewer connections for its development which, according to the defendants, were unrelated to UPT or the Authority but significantly influenced the decisions both of Kenmore and the potential users of the Kenmore Line. Important among them was whether the Lemon Street Pump Station, where the sewage sourced from potential users, would have been willing or able to accept any of this additional sewage. UPT and the Authority also raise the question of whether Kenmore was motivated to construct the Kenmore Line as it did because another alternative for sewage treatment operations to benefit its own development was complicated by whether there would be approvals by the Pennsylvania Department of Environmental Protection. The significance of these conflicting assertions is that we are unable to conclude on the record before us at this stage that there is no genuine issue of material fact. Indeed, the fact issues in dispute go directly to actions taken or not taken by defendants, by Kenmore and by involved third-parties, and the resolution of these questions will be necessary to resolve the case.*fn2 For this reason and, with the exception of Plaintiff's constitutional claims in Counts One and Seven, we are unable to conclude that Plaintiff is entitled to Judgment as a matter of law.Accordingly, Defendants' Motion for Summary Judgment with respect to Counts Two, Three, Four, Five and Six is DENIED.
We next consider whether these disputed issues of fact are material such as to preclude the entry of summary judgment against Plaintiff on its constitutional claim set out in Count One. Acknowledging, as we have already determined that there are genuine issues of fact, we consider this claim as against the "Plaintiff Kenmore Woods, LLC Counter-Statement of Facts" (Doc. 19, pp. 5-19 of 20) which has been presented by Plaintiff with its "Answer of Plaintiff Kenmore Woods, LLC to Motion for Summary Judgment of Upper Providence Township and Upper Providence Township Sewer Authority." (Doc. 19.) The constant theme running through Plaintiff's counter-statement is that the defendants, through their engineer or otherwise, made it clear to Kenmore that approval of its subdivision plan would require a need to deal with sewage, that the Authority would not support the less expensive options Kenmore might have undertaken, that the Authority would support the more extensive Kenmore Line, that this extension cost more than $250,000, substantially more than other possible options, and that while Kenmore might have the opportunity to obtain reimbursements, this opportunity was eliminated when UPT accepted a plan to increase capacity through the Central Delaware County Authority. More particularly, Plaintiff complains that possible alternative sewer connections through already existing lines with the neighboring private development, Village of Rosetree or Park Place, would have been opposed by the Authority. (Doc. 19 at pp. 6-7). Plaintiff also complains that it may have had to file its own "537" plan with the Pennsylvania Department of Environmental Protection, which would have been opposed by UPT and the Authority. Kenmore then came to learn that it would be "required" to construct sewer lines sufficient to provide connections both for the ten homes in the Kenmore subdivision, but also for the School, the Church and the Residences (Doc. 19 at p. 8.) Plaintiff also asserts that the Authority failed to live up to the contractual agreements made in the SIDA of August 2007 which required reimbursement to Kenmore pursuant to a reimbursement agreement to be prepared, and that pursuant to the SIDA, Kenmore delivered its deed of dedication of the sewer line to the Township, the deed was accepted by the Township, filed of record in May 2009, but that the Authority has still failed and refused to enter into the reimbursement agreement. (Doc. 19 at 10-12.) Plaintiff further asserts that the Township failed to provide notice to the School, the Church or the Residences that they were to connect to the Kenmore Line, an event which was to provide the funding for the reimbursement to Kenmore. (Doc. 19 at p. 9.) Plaintiff further alleges that it was not until February 2009, when the construction work had been completed, that the Authority advised Kenmore and others that the School, the Church and the Residences were not to connect to the Kenmore Line, but rather were to connect to the new Authority sewer line which would not be subject to reimbursement to the benefit of Kenmore. (Doc. 19 at pp. 9-10.)
We measure this conduct against the rigorous "shock the conscience" standard. The United States Supreme Court in County of Sacramento v. Lewis, 523 U.S. 833 (1998) has made clear and resolved any question about the applicability of this standard to 1983 due process violation cases. In Lewis, the plaintiff-decedent was killed following a high speed chase initiated by a Sacramento police officer with what the Court clearly concluded was deliberate indifference to the survival of the passenger after the officer came upon a speeding motorcycle while responding to a call in his patrol car. It was necessary for the Supreme Court to consider the standard by which the governmental official's conduct would be measured. The Ninth Circuit had held that in the context of the high speed chase here, the appropriate standard of conduct would be to consider whether the officer was "deliberate[ly] indifferent to, or [had] reckless disregard for, a person's right to life and personal security." 98 F.3d 434, 441 (1996). The Supreme Court noted, however, that the other Circuits, including the First, Tenth, Third and Fifth Circuits had all used the more rigorous "shocks the conscience" standard. See 523 U.S. 833 at 839-840 (citing cases). In making its determination to resolve this Circuit split, the Court reminded us again that "the touchstone of due process is protection of the individual against arbitrary action of government." 523 U.S. at 845 citing Wolff v. McDonnell, 418 U.S. 539 (1974) and that this proposition is applicable both where there are allegations of a denial of a fundamental procedural fairness or in the exercise of power without any legitimate governmental objective. In cases dealing with allegedly abusive executive action, such as Plaintiff argues here, the Court has long emphasized that "only the most egregious official conduct can be said to be 'arbitrary in the constitutional sense'." 523 U.S. at 846, citing Collins v. Harker Heights, 503 U.S. at 129. The constitution is certainly not meant to "supplant traditional tort law in laying down rules of conduct to regulate liability for injuries that attend living together in society." 523 U.S. at 848, citing Daniels v. Williams, 474 U.S. at 322.
Rejecting the notion that customary tort liability would constitute a basis for shocking conduct, the Court held that "[i]t is, on the contrary, behavior at the other end of the culpability spectrum that would most probably support a substantive due process claim; conduct intended to injure in some way unjustifiable by any general intent is the sort of official action most likely to rise to the conscience shocking level." 523 U.S. at 849.
The Third Circuit has considered the application of this legal standard with respect to due process claims where the alleged constitutional deprivation has occurred in a more deliberate context and concluded that the shock the conscience standard must still apply. United Artists Theatre Circuit, Inc. v. Township of Warrington PA, 316 F.3d 392 (2003) concerned a 1983 action brought by United Artists, a movie theater operator who sought approval of a plan to construct a theatre facility in Warrington Township, Bucks County, Pennsylvania. United Artists' claimed due process violations based upon delays in considering their development proposal, allowing a competitor who was willing to pay an "impact fee" which United Artists was unwilling to pay to achieve the benefit of approval of its development plan. Petitioner complained that its proposal before the Township planning commission was not considered for some 14 months when the competitor, the Regal Group, found its proposal approved in final form in just four months.
Significant in the discussion of the case was evidence of a willingness of Regal to pay the $100,000 impact fee to the Township when United Artists refused to make that payment. Acknowledging Third Circuit precedent which set out an "improper motive" test which had been applied in the Third Circuit's line of land use cases (see Woodwind Estates Ltd. v. Gretkowski, 205 F.3d 118 (3d Cir. 2000)), the court held that this earlier precedent could not be reconciled with the recent expression of the Supreme Court in Lewis. The Court thus found it necessary to abandon the "improper conduct" standard and applied the "shock the conscience" standard set out in Lewis. In so doing, the Court clearly noted its disagreement with the District Court's assessment in United Artists that there were "few differences between the [shocks the conscience] standard and the improper motive standard." To the contrary, the Court of Appeals held that the "improper" reference "sweeps more broadly" and no case ever suggested that something would be "improper" only if it shocked the conscience. 316 F.3d at 400. Citing Lewis, (523 U.S. at 846), the Court reaffirmed that this standard encompasses "only the most egregious official conduct." 316 F.2d at 400.
When we apply this standard, particularly given its utilization in the land use type cases which are closely analogous to the case under consideration here, we have no difficulty in concluding that Plaintiff's constitutional claim must fail. We observe that there is nothing in this case that suggests that there was a financial motive on the part of UPT or the Authority to act as they did such as the $100,000 impact fee which was a significant factor in United Artists. Nor is there any evidence offered by Plaintiff to demonstrate that the decisions that were made by the UTP or the Authority for the purpose of bringing harm to Kenmore or Mr. DiDomenico.*fn3
Accordingly, we will grant defendants' motion for summary judgment with respect to Count One. Necessarily, Count Seven, calling for counsel fees under §1988, must fail as it is dependent upon Count One.
In light of the summary judgment grant with respect to the constitutional claims, it is necessary for us to make a determination as to whether or not the matter should be dismissed subject to being refiled in state court or whether this court should retain jurisdiction. We accept the fact that jurisdiction of Counts Two through Seven (all claims under state law) is based upon 28 U.S.C. § 1367(c)(3) and the question of whether to continue to exercise that jurisdiction after federal claims have been dismissed such as here falls within the discretion of the district court. Carlsbad Technology, Inc. v. HIF Bio, Inc., 129 S.Ct. 1862, 1865 (2009). In the exercise of this discretion, the Supreme Court has noted that the court ought to take into consideration a number of factors, including those enumerated in subsection (c) of §1367 which articulates that the court may decline to exercise supplemental jurisdiction if:
(1) The claim raises a novel or complex issue of State law,
(2) The claim substantially predominates over the claim or claims over which the district court has original jurisdiction,
(3) The district court has dismissed all claims over which it has original jurisdiction, or
(4) In exceptional circumstances where there are other compelling reasons for declining jurisdiction.
The commentary following 28 U.S.C. § 1367 indicates that from the temporal context the exercise of this discretion "should hinge on the moment within the litigation when the dismissal of the touchstone claim takes place, and on other surrounding circumstances." Here, we believe that this factor weighs heavily in favor of the court exercising its discretion to retain the jurisdiction. As is evident from the summary judgment submissions, the parties have expended significant effort in conducting discovery in this case. They have presented the court with the transcripts of nine depositions taken and, importantly, they have already begun process of final preparation for trial which has been specially listed to commence on December 6, 2010. Clearly there has been substantial expenditure of time, effort and money in preparing the remaining claims and the question of fairness to one or even both of the parties arises. When the court inquired at oral argument as to the positions of the parties on the question of whether we should retain jurisdiction if the constitutional claims were dismissed, both counsel acknowledged that it was completely within the court's discretion. The defendants, however, suggested that perhaps given the state law nature of the claims, dismissal in favor of a state court action would be more appropriate. Plaintiff, not surprisingly, took the opposite view, perhaps because of a desire to move the case to trial more quickly. We believe that the question of overall judicial economy and in the interest in bringing this matter to conclusion more promptly, clearly weighs in favor of retaining jurisdiction and outweighs the fact that what remain are state law claims only, particularly given the circumstance where the court has devoted considerable time and effort in reviewing the matter as it has been presented to it in consideration of these motions for summary judgment. Accordingly, the court will retain jurisdiction and counsel shall be ready to commence trial at 9:30 a.m. on Monday, December 6, 2010.
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Fire Your Shrink and Read this Book Instead is a call to action. It will empower you to fix your life and become a happier person without getting bogged down in psychoanalysis and jargon. The time to start changing your life is now. All you need is the right mindset and the comprehensive set of tools outlined in this book. Fire Your Shrink and Read This Book Instead offers practical, honest, true-to-life advice to help you make changes in your life and increase your happiness now. It provides you with a take-charge, action-based approach that will empower you to accept your past and move forward to a more fulfilled future. It will change the way you think, as well as your perception of the world and the people around you. Fire Your Shrink and Read this Book Instead will teach you how to: Take control of your life Break your bad habits Stop sabotaging your relationships Stop overanalyzing your life Overcome the need to meet the expectations of others Get rid of your negative traits such as being critical and cynical Deal with the three cancers: blame, regret and hatred Overcome fear of failure and fear of change Make your own luck Accept others-flaws and all And much more Fire Your Shrink and Read this Book Instead works hand-in-hand with the Fire Your Shrink Online Community at www.davidmklein.com. They say it takes a village. The Fire Your Shrink Online Community is the first online social community designed to help people change their lives. In the Fire Your Shrink Community you will be able to: Sign up for the free 30 Day Change Challenge . Involve the Community in the changes you want to make in your life and receive their support Inspire yourself by reading about the success stories of others Receive the "Thought of the Day" to reinforce your new mindset Watch videos to help you implement the changes you desire Join the Fire Your Shrink Community now On the web: www.davidmklein.com Twitter: @fireyourshrink Facebook: www.facebook.com/fireyourshrink
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Details Book
|Dr David M Klein
|Dmk Media Holdings Inc.
|Data Published
|14 February 2013
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|222 pages
|Age +
|15 years
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the site you suggested only had wr250 up to'03. any difference with the '04 wr450 stop screw? eather way @ lest i have a direction to start with
thanks PBDBLUE but......
Started by irishMXrider , Sep 17, 2005 07:38 AM
1 reply to this topic
Posted September 17, 2005 - 10:13 AM
Same issue with 04s.......cut down the WR throttle stop screw or replace with YZF......
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Having unnecessary fat in various areas of your body can have a significant influence on your health and self-esteem. While conventional weight reduction through exercise and diet plan is a great method to drop weight overall, even the best workouts cannot target issue areas like the belly, inner thighs, arms, and butts. Liposuction is a time checked treatment that is used to remove excess fat from particular areas of the body, allowing a specific to shape and contour their body to their liking. Is liposuction right for you? Learn now.
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Microwave Apple-Cranberry Crisp
Total Time
Prep 15 mins
Cook 14 mins
This is a super easy recipe I found in the local newspaper. It puts a new twist on everyday apple crisp and tastes great! Best of all it frees up your oven for other dishes!!
Ingredients Nutrition
- 4 cups sliced tart apples (about 4 medium Granny Smith apples)
- 1 1⁄2 cups cranberries (fresh or frozen)
- 1 cup granulated sugar
- 3⁄4 cup firmly packed brown sugar
- 1⁄2 cup whole wheat flour
- 1⁄2 cup oatmeal
- 1 teaspoon cinnamon
- 1⁄2 cup butter
- In an ungreased 9-inch diameter microwave-safe baking dish (I use an 8 inch square Pyrex dish),combine apples, cranberries and granulated sugar; stir to blend.
- In a large bowl, combine brown sugar,flour,oatmeal and cinnamon.
- Cut in butter until mixture is crumbly.
- Sprinkle flour mixture evenly over apple mixture.
- Microwave on high (100 percent) until fruits are tender (12 to 14 minutes).
- Let stand 10 minutes before serving.
- Serves 6 to 8.
Most Helpful
This is so easy to make and so delicious. I did throw in some leftover blueberries. I crumbled the topping mixture in my food processor. Made the topping perfect.
Awesome! I can't believe I'm the first one to review this recipe! Excellent fruit dessert, loved the combination of apples and cranberries. This made the perfect last minute dessert and even better, the microwave didn't heat up the kitchen. I always have beat up apples in the crisper and cranberries in the freezer, so we'll be making this one often. Have never made a crisp in the microwave and was surprised how nicely the topping turned out. Not super crunchy, but not soggy either. Loved that the topping contains whole grains. Thanks for sharing the recipe!!