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Singer: Celine Dion
Song: That's The Way It Is
Celine-Dion-That's-The-Way-It-Is.srt Subtitle (.SRT)
Celine-Dion-That's-The-Way-It-Is.lrc Synchronized Lyrics (.LRC)
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Recycle those old jeans into a Valentine's Day denim heart purse. Here is the link to the free pattern information. Here are two different versions of the recycled denim purses that you can create using some old denim and other embellishments.
By RecycleCindy from WA
Link: "http://www.myrecycledbags.com/2008/01/26/recycled-denim-heart-purse
that's really sweet !
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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Barts Health is the largest trust in the NHS and one of the leading healthcare providers in the country. The trust's six hospitals deliver high quality compassionate care to the 25 million people of east London and beyond.
Barts Health NHS Trust: Barts Health's vision is to become a healthcare organisation that offers urgent specialist and community services tailored to meet the needs of local communities. We are committed to recruiting staff that will help us meet our Vision for Changing Lives, and demonstrate behaviours we believe make Barts Health a great place for patients, their families and friends, the public and staff. Our Barts Health Values which align with our behaviours are:
• Caring & compassionate with patients, each other and our partners
• Actively listening, understanding and responding to patients, staff and our partners
• Relentlessly improving and innovating for patient safety
• Achieving ambitious results by working together
• Valuing every member of staff and their contribution to the care of our patients
Barts Health NHS Trust has a safeguarding policy for both adults and children and is committed to all Safeguarding legislation and current standards. Every member of trust staff has a responsibility to safeguard and protect children and adults.
Band 6 Pharmacist:
Barts Health Staff Bank are looking to hire a fully qualified and highly professional Band 6 Pharmacist.
To be considered for this role, you will need:
Pharmacists work to ensure that patients get the maximum benefit from their medicines. You will advise medical and nursing staff on the selection and appropriate use of medicines and provide information to patients on how to manage their medicines to ensure optimal treatment.
The hospitals you could be working at are:
- The Royal London Hospital
- Whipps Cross Hospital
- Newham Hospital
- St Bartholomew's Hospital
- Mile End Hospital
- London Chest Hospital
As a Bank worker, you will gain valuable NHS experience whilst choosing which hours you want to work. You will be given assured work over agency workers, as well as being paid weekly.
If you are interested in this role, then complete and submit your application form.
To stay safe in your job search we recommend that you visit SAFERjobs (https://www.safer-jobs.com), a non-profit, joint industry and law enforcement organisation working to combat job scams. Visit the SAFERjobs website for information on common scams and to get free, expert advice for a safer job search.


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RZB at Higher Risk of Regulatory Intervention
August 31 · Politics - Government Agencies
In view of the devaluation of RZB stakes in H1 balance sheets of owner banks RLB OÖ and RLB Steiermark, and of the justifications for that devaluation, Bloomberg reckons there is a higher risk of a regulatory intervention at Raiffeisen Zentralbank.
Latest News
BIG Federal Property Managing Company's Sales Increased Slightly
August 31
Rental income and sales proceeds of federal property managing ...
Goals of Austria's OSCE Chairmanship 2017 (August 31)
RZB at Higher Risk of Regulatory Intervention (August 31)
Premium News
Presidential Candidate Van der Bellen Denies Rumours on Cancer
August 31
Austria's presidential candidate Alexander Van der Bellen denied the rumours on the alleged ...
Goals of Austria's OSCE Chairmanship 2017 (August 31)
RZB at Higher Risk of Regulatory Intervention (August 31)
Bilateral Relations
Goals of Austria's OSCE Chairmanship 2017
August 31
Germany will chair the OSCE until the end of December and will then hand over to Austria in 2017. Austria will promote greater security and stability as ...
BIG Federal Property Managing Company's Sales Increased Slightly
August 31
Rental income and sales proceeds of federal property managing ...
Buwog Increases Development Pipeline to Boost Earnings in Coming Years
August 31
Listed residential real estate group Buwog plans to boost earnings growth in the coming ...
Wolford Cuts Annual Outlook on Weak Q1 Developments
August 31
Listed lingerie producer Wolford may see a "low single-digit" operating loss this year, the company said in a downward revision of the annual guidance, due to the weakening demand. In the whole 2016/17, revenues will ...
Presidential Candidate Van der Bellen Denies Rumours on Cancer
August 31
Austria's presidential candidate Alexander Van der Bellen denied the rumours on the alleged ...
Wifo Criticises Austrian Policy Makers (August 25)
Do & Co Holds on to Plans in Turkey (August 23)
What Role Should the OSCE Play in the Refugee Issue?
July 21
Possible roles for the OSCE in the context of the migration and refugee flows across the OSCE area were discussed at a special ...
Austrian Ministerial Council Approves EUR 1.5 Mln for Iraq Humanitarian Aid and Resettlement (July 15)
OSCE: "Reliable, Affordable and Sustainable Energy Supplies are Prerequisite for Stability and Security" (July 12)
Montana Tech Industries H1 Net Profit Surges to EUR 14.4 Mln
August 30
Switzerland-listed Austrian industrial group Montana Tech Components raised net profit by 60 percent y/y to EUR 14.4 million in H1 2016 on revenues growing by 7.2 percent to EUR 372.5 million, the company said.
Kommunalkredit CEO on plans, earnings, market (August 26)
Life & Culture
More Overnight Stays, Arrivals Halfway Through Tourism Summer Season
August 29
Austria saw the number of overnight stays rise by 3.7 percent y/y to 34.3 million in the ...
Social Progress Index: Austria Ranked 13th
July 25
Austria has been ranked 13th by NGO Social Progress Imperative, in its Social Progress Index ...
Expat Insider: The Hard-Working Austrian Expat (August 27)
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FriedlNews is Austria's trusted, indispensable source of English-language news and analysis for the powerful network of international professionals and expats in business, finance, investment, politics and diplomacy.
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Markets Data
Press Wire
Petro Welt Technologies AG / Announcement according to Articles 37v, 37w, 37x et seqq. of the WpHG (the German Securities Act) (November 25)
UNIQA Insurance Group AG / Quarterly Report (November 24)
Semperit AG Holding / Fire in porcelain former storage and mechanicalworkshop of Latexx Partners, Malaysia (November 24)
Schoeller-Bleckmann Oilfield Equipment AG / Persistently challenging market environment weighs on result, but increasing signs of bottoming of the cycle reached - Positive operating cashflow and fundamentally strong balancesheet structure - Integration o (November 23)
Atrium European Real Estate Limited / Release of announcement according to Sec 93 para 2 of the Austrian Stock Exchange Act (November 22)
Vienna Insurance Group Wiener Versicherung Gruppe / VIG in the first three quarters of 2016: Growth in premiums and profit (November 22)
Kommunalkredit Austria AG / Information Update (November 18)
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Once a Victorian school room for the children of the nearby estate workers. Adjoining the owner's home, The Old Hall features a library and a woodburner, and sits along a country lane in the beautiful Wye Valley, an AONB, with walking and cycling. The market town of Ross-on-Wye is 2 miles, and the holiday property is within easy reach of the beautiful Forest of Dean, rich in wildlife, with many lakes and picnic sites. Goodrich Castle, Monmouth and the Welsh Borders are close by. Shop and restaurant 2 miles, pub 1½ miles.
Ground floor: Living room with sofa bed/dining room/kitchen. Second living room. Shower room with toilet. Open-tread spiral stairs to first floor: 2 bedrooms: 1 double, 1 single. Some rooms with beams.
Woodburner in living room inc. Partial Economy 7 NSH, elec heaters, elec, bed linen and towels inc. Freeview TV. DVD. CD. Elec cooker. M/wave. Washer/dryer. F/freezer. Small enclosed shared garden with sitting-out area and furniture. Shared BBQ. Parking (2 cars). Welcome pack. No smoking. Wheelchair access. No children under 10 years.


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The Game appeared on VH1's Amber Rose Show on Friday night for a chat that turned out to be very revealing—in more ways than one. The rap star talked to Rose about a variety of topics, from his recent rally with Snoop Dogg to his now-infamous Instagram photos and the DMs they inspire.
Rose also asked the rapper about a recent charitable effort that raised over $70,000 for an Arkansas police officer in his efforts to, as the GoFundMe page puts it, "strengthen the community." The Game revealed that the whole thing was his son's idea.
"I was having a conversation with my oldest son Harlem about good cops and bad cops," he told Rose. "So I told him, 'For the ones that you think are bad, why don't you find a few good ones?' And he found Officer Norman."
Rose and The Game also found time to resolve a nasty back-and-forth they had over Instagram in 2015 over a story about a woman accusing the rapper of sexual assault during the filming of his reality show She Got Game. Rose explained that she wasn't criticizing The Game directly, but rather a story on Baller Alert about the situation that she felt was biased against the woman.
"I was talking about the journalism," she explained. "It was unfair, and it was poorly written. But it was not about you… It's just unfair that they instantly go to the male celebrity and say that he is immediately innocent because everyone loves you for your music."
The two stars also discussed whether The Game's frequently-revealing Instagram pictures have ever led to him hooking up with fans who DM him on the platform. He admitted that it had happened, but also said that sometimes looks can be deceiving.
"Some of these things ain't what you see on the 'gram," he said. "I keep them in the DM for a little while… And then we can maybe graduate to the Snapchat. On Snap, you can't really do too much. You gotta be who you are. After that, you can graduate."
Reaction to the episode from fans of the show was ecstatic.
Many viewers also wondered how the host and guest would fare as a couple.


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The Beatles Playing Card Tin Set contains two distinctive decks of cards inside a collectors edition tin. Each card has a different image of the legendary group.
Heid Music is proud to be your resource for gifts & accessories in Appleton, Green Bay, Madison, Oshkosh, Wisconsin Rapids, and online.
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Login/Create Account
Check Out the new Remax App
Ask About This Home
New Roof and updated septic makes this comfortable colonial home ideal for Buyers seeking the warmth of an established home on a great lot at a great price! Features include a front to back livingroom with fireplace, built in bookcases and window seats. Eat in kitchen and formal dining room, half bath plus a family room with access to a deck overlooking the backyard complete the first floor. 2 full baths, 4 bedrooms and a sewing room are located on the 2nd floor. The finished lower level boasts a laundry area and 816 additional sq ft of living area and has access to the multi level lower deck. House sets off of road and back yard has room for recreation... Dont miss out!


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2.6 ha farm in Glen Austin
R 9 000 000 Negotiable
Tsotetsi Moleleki
Moleleki Property Group
2.6 ha farm in Glen Austin
R 9 000 000 Negotiable
Great investment opportunity
2.5689Ha land size situated on corner of Olifantsfontein Road and Old Pretoria Road (R101). This stand is great for you to build your dream home on, commercial.
This Farm is ideally suitable for high density development or for commercial use!!!!!!
Email the Agent or request the agent Call You Back should you wish to set up an appointment to view this property or ask for more details.
Share this Property
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|Loan Value (Capital)
|Total Interest
|Total Repayment
Experience Midrand
Midrand, also known as the Halfway House, was established as a municipality in 1981. It is a very vibrant, accessible area that is growing at a rapid rate. Families flock to the area to take advantage of the laid back lifestyle and variety of amenities. There is plenty of employment nearby, with many large businesses taking advantage of Midrand's convenient location between big cities. Vodacom, Cell C, Neotel, Altech Autopage and many more large companies have offices situated here, and with its growing residential areas this is one of the up and coming areas in South Africa.Find out more about Midrand
Similar Property for Sale in Glen Austin
2.6 ha farm in Glen Austin
R 9 000 000 Negotiable
Apply for a Home Loan


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- Worldwide Rank #80,246,810
- Follower/Following Ratio 0.04
- Daily New Followers 0
ななしぃ@ヾ(:3ノシヾ)ノシ" Twitter Stats
@00clockapple00 - Tracking ななしぃ@ヾ(:3ノシヾ)ノシ" Twitter profile since November 1, 2015
ななしぃ@ヾ(:3ノシヾ)ノシ" Tweets
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ななしぃ@ヾ(:3ノシヾ)ノシ" Twitter Followers
@00clockapple00 has 40 followers on Twitter.
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ななしぃ@ヾ(:3ノシヾ)ノシ" Predictions & Milestones
@00clockapple00 will hit 69 followers in the next 3 months, and 157 in one year.
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Tuesday, August 24, 2010
Walkmen to release 'Lisbon'
I've been in love with The Walkmen for some time now. I casually stumbled into an enthusiastic day show some SXSW's ago and the swoon-worthy combo of Hamilton Leithauser's commanding vocals set against their hazy blend of piano-heavy instrumentation completely stole my heart. It was like someone slapped the sober into me.
The Walkmen are an ensemble of talented musicians that draw influence from Roy Orbison's waltz-y blues and Bob Dylan's lyrical rambling, but add a unique element of melancholy enchantment. Leithauser belts emotionally charged stories of longing and despair laden with atmospheric details as his voice transitions from a gentle croon to a dramatic scream without a hinge. His stamina alone is impressive.
It's clear Leithauser thrives off the energy of fellow band mates and their collective dynamic. Matt Barrick's percussion and Pete Baeur's keyboards give depth to The Walkmen's signature sound. With Paul Maroon and Walter Martin on guitar and bass, respectively, and the recent addition of a touring horn section, the band can easily access a tremendous range in their songs.
Their forthcoming album, Lisbon, will be the band's sixth studio album. It's set for release September 14 on Fat Possum/Bella Union. Pre-order is here. For visual stimulation, check out the Walkmen on Pitchfork's POV Concert Series.
Posted by hungry hearted at 5:15 PM
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Modern video games don't come much bigger than Call of Duty.
The blockbuster franchise is set to launch its next installment on November 4 – and an explosive new trailer has given fans a hint of what to expect.
Call of Duty: Infinite Warfare takes gamers into space for the first time and serves up vehicles for epic orbital dogfights.
The latest footage, which was revealed as part of an advert running in France, also shows some of the action taking place on the moon.
When the game was officially unveiled at this year's E3 conference, developer Infinity Ward promised: "An unforgettable journey as they engage in heroic battles on Earth and beyond our atmosphere."
Watch Trailer
The French advert doesn't reveal much about the story but the usual gun-toting carnage is present and accounted for. We'd expect nothing less from one of the biggest first person shooter franchise in the world.
ALSO READ: EA Sports Makes Profit From Game Downloads
A range of futuristic weaponry and vehicles are demonstrated and the bleeding-edge graphics are likely to impress fans.
Infinite Warfare will likely be facing off against DICE's Battlefield 1 for the title of 2016's best shooter.


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Five minutes before it is time to sit and fold clothes I say:
"Tick-tock goes the clock,
what does it have to say?
Five minutes until we
fold our clothes and put them all away."
I try to remember that everything I model now ends up making it's way into their future habits. Sitting together to fold the laundry is time together. We can talk to each other and be silly.
I've partnered with Seventh Generation which was a natural, easy fit for me as I use so many of their products. I love their Free & Clear Detergent which is non-toxic, free of optical brighteners, and biodegradable. It's such a clear winner in the sea of colorful, artificially fragranced detergents out there.
Photos by Darcy Hemley
This is a sponsored post. I only post about products that I also gladly purchase myself.


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Length 00:03:39 - Size 3.31 MB
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Rose Mary Mogan
My husband loves tomatoes, & I made this tasty appetizer to go with our Sunday Brunch. I had them in the fridge for awhile and didn't want them to spoil. I like it because it is quick easy and so simple to make, and a great appetizer for a breakfast brunch. The garlic adds a pop of flavor and the melted cheese makes it gooey good. I am sure you could do these under the broiler if you so desired.
Featured Pinch Tips Video
Be the First
3-6 depending on portion size
10 Min
10 Min
Pan Fry
- 3 medium
- tomatoes, cut in half
- 1/3-1/2 c
- finely shredded cheese, or cheese of your choice
- 1/2 tsp
- oregano, dried
- 1/2 tsp
- steak seasoning
- 21/2-3 tsp
- black truffle oil, or melted butter
- garlic juice spray or granulated garlic
- non stick cooking spray
Directions Step-By-Step
2Spray each tomato half with one spray of garlic spray, or use small amount of granulated garlic on each tomato. Add a drizzle of truffle oil & spread to cover the surface of the tomato. Then season each tomato half equally with the spices.
3Spray a 8 inch cast iron skillet with nonstick cooking spray. Then heat till hot. Carefully Place each of the seasoned tomato halves in hot skillet with seasoned side down, and allow to heat through, about 3-4 minutes.
4Then flip so that the cut side is facing upwards, and heat about 2 additional minutes. Then gently place finely shredded cheese on top. Lower heat, and cover skillet with a lid and allow shredded cheese to melt about 2 minutes or so. Turn off heat.
About this Recipe
Course/Dish: Vegetable Appetizers
Main Ingredient: Vegetable
Regional Style: American
Other Tag: Quick & Easy
Hashtag: #tasty cheesy flavorful Quick Easy


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Yuan debate30 Jan 2009
Take a Financial News trial today:
- Breaking industry news & commentary
- 10 year searchable archive
- FN Powerlists & Special Reports
- FN on mobile and iPad
Does your company already have an FN licence? Email us now
China defends currency policy against US 'manipulation' charge
Chinese Prime Minister Wen Jiabao on Thursday defended the country's currency policy, in an apparent response to pressure from the US, saying China can't be held responsible for fluctuations in foreign exchange markets.
"There are always very strong fluctuations of different currencies' exchange rates in the world, like a roller-coaster ride, but the blame for this is not on the side of China," Wen said.
China intends to keep its currency at a "reasonable and balanced level", he added.
China's policy on the renminbi was "orientated towards market needs" and "flexible", he claimed, marking Beijing's highest level response to criticism from Barack Obama's US administration last week.


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The Waste to Energy and Biogas Thailand Forum 2016 will offer a unique platform to meet the key stakeholders in the biogas value chain, from investors and financiers, to feedstock owners, project developers and technology providers. The conference will be the platform to share common experiences, deliver solutions and overcome challenges and transfer competencies.
For more information, please visit: http://icesn.com/biogas-thai2016
ICESN (International Clean Energy and Sustainability Network ) provides an enriching and rewarding framework for industry decision makers from business, government, finance and non-governmental organizations through its array of features that include confere...Read More
ICESN publishes the annual Biogas Directory featuring select articles with information about the state of development of biogas in Asia, the latest in technologies, and safe operational practices, as well as a list of biogas companies active in providing equ...Read More
Read the latest information on the profile of attendees, their demographics, facts and figures and other important details abou our past events. BIOGAS CHINA FORUM 2016 8-9 September 2016 | Chengdu, China BIOGAS AFRICA FORUM 2016 11-13 July 2016 ...Read More


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All SMU Adventurers
All Adventures, By Month
This Just In…
- Top 10 Things I Will Miss about Copenhagen
- A Week in the Life of a DIS Student
- Oslo, Bergen, and Barcelona, Oh My!
- Mental Health Abroad: You are Capable.
- A Love Letter to Kosovo
- Snapshots from Stockholm
- Overcoming Homesickness While Studying Abroad: Five Ways
- Touristy Tuesday: Abigail's Guide to Kronborg (AKA Hamlet's Castle)
Where Are They?
SMU students are having amazing adventures. Click on a continent to get started.
Daily Archives: October 9, 2013
Students get hands-on at Suture Clinic
An update from Alyssa Eubank, SMU News intern: They're not doctors yet, but for the third year in a row 40 SMU students gathered in Dedman Life Science to learn the finer points of surgical stitching. Participants in the SMU … Continue reading
Posted in Suture Clinic, Dedman College Tagged Alpha Epsilon Delta, Dallas, Dedman College of Humanities and Sciences, Medical, North America, Suture Comments Off on Students get hands-on at Suture Clinic


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Beautiful watercolor painting of Titanic and The Great Gatsby.
Throwback to indonesia's epic waterfalls.
I'm currently carless so I haven't been able to go on any adventures recently and am still living in the past!
Leo DiCaprio and Kevin Connolly looking gorgeous in 1999.
Empire had me like 😂👀
Luscious Food Cravings by Masha Bakker.
Ido Garini of Studio Appétit &nPorcelain Artist Lenneke Wispelwey.
Leonardo has such a beautiful profile. Jay Gatsby is the only character that actually looks like an adult version of Jack Dawson
The beautiful Taraji P Henson
Yo forreal who made this LOL
Leo will forever have a special place in my heart!
"Ashton in a few words is luscious, hair and award winning smile" - Michael
he was really buggin today 😂
same tho


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For almost exactly a year now, users of Amazon's ordering gadget, the Dash button, have been able to quickly restock their supply of nearly 30 household products like Tide, Cottonelle, Bounty, and Ziplock. Today, the e-commerce giant announced it would add close to 100 additional products — many not of the household variety — to the line-up, including Energizer batteries, Stayfree feminine pads, Peet's Coffee, Red Bull, Doritos, and Trojan condoms. As was previously the case, the gadget can be purchased for $4.99, but for a limited time Amazon will provide customers a $4.99 credit for each Dash button they buy. [Amazon]
Amazon And Brita Announce Smart Pitcher That Orders Its Own Filters
Savvy observers probably knew when Amazon created its Dash system of buttons that let consumers re-order single items that they use often that the buttons themselves were never the point. The real point of Amazon Dash was to create smart home goods that replenish themselves, like printers that order their own ink and dishwashers that prompt you to order more soap after a certain number of wash cycles. Now that technology will be applied to… water filters. [More]
Whirlpool's "Smart" Appliances Now Come Equipped With Amazon Dash Buttons
When Amazon introduced the Dash Button, it claimed customers could easily reorder products with the simple push of a button. While the small gadgets have expanded in recent months to cover a slew of household items, the e-commerce giant's technology can now be found built-in to an array of actual appliances, namely those from Whirlpool's Smart Kitchen Suite. [More]
Amazon's Dash Device: Speak Or Scan Grocery, Household Items Onto A Grocery List
In case your closet full of gadgets and gizmos isn't quite stocked to the overflowing brim just yet, here's another Internet connected doodad: Amazon has launched a device called the Amazon Dash that's basically a stick you can talk into or use to scan groceries and household items to add them to your grocery list. [More]


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anyway what are you homos doing this weekend?
"The NY never comes off"
Of course every team in the NFC East won this week, why wouldnt they. Why wouldnt Romo actually win a game in the final mins, why wouldnt Foles and the Eagles put up + 40.
"The NY never comes off"
yea, kind of a ****ty week for the Giants.....but hey, at least we didnt lose -___-
Oderint Dum Metuant
It's too bad, I'm too good....
There's a few teams outside the NFCEast i enjoy watching lose....Atlanta and Baltimore are 2 of those lol.
Oderint Dum Metuant
It's too bad, I'm too good....


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Parents beware of Cartoon Network, i saw something yesterday...
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So yesterday in the afternoon i'm sitting at the hotel. My wife is working out at the fitness room and i'm chillin with me 4 month old son. The TV just happened to be on Cartoon Network, (not that my son is old enough to watch it, and i wouldn't let him even if he was), and i caught something crazy.
I was on my laptop and the TV was just on in the background and i happened to look up and see bugs bunny and daffy duck arguing. It was the new version of looney tunes, not the old ones. Anyway, bugs is trying to tell daffy that daffy didn't win the lottery. Daffy keeps shaking the lottery ticket in the air saying he won. Then i hear daffy say how he did win cause 666 was the winning number and 666 is on his lottery ticket. Then bugs tells daffy that he's holding his ticket upside-down and the real numbers aren't 666, but 999.
I thought that was pretty damn weird. I know CN has alot of sly little shit like that running in their cartoons so be aware as parents.
Another time i saw about 2 minutes of a jimmy neutron episode where his dad is having a talk with jimmy. His dad literally said, "It was like the day i sat on a banana, and i've never been the same since."
I shit you not. The character actually said that word for word. So anyway, be vigilant and let your kids watch nature shows instead of the evil propaganda that the elites try and use to brain wash the kids.
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Washington Post Just Blew The Lid On #PizzaGate Big League
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A good start to the Vikings women's basketball tournament in Kingston on Friday (Jan. 4) for Mohawk College.
The Mountaineers topped Nouvelle Frontieres of Gatineau Quebec, 57-39. Katelyn Arbour and Carissa Browne each had 11 points for Mohawk, while Kimithy Stillwell added eight.
"Overall, it was a great team effort at both ends of the court," said Mountaineers' coach Kevin Duffy. "We had balanced scoring, gang rebounding and played excellent defense."
Duffy said his players were very focused, had minimal turnovers and made great decisions with the basketball all game.
The win puts the Mountaineers into semi-final play Saturday night against the host St. Lawrence Vikings, who crushed the Georgian Grizzlies, 91-36.


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The hazard mitigation team works with your community to identify potential risks and how to prevent those risks. This helps make our communities a safer place to live.
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A grant from Bank of the West's Charitable Investments program, was awarded to Upper Explorerland's Northeast Iowa Regional Housing Trust Fund (NEIRHTF) on behalf of Winneshiek County Development, Inc., in the amount of $4,000 to benefit the organization's housing programs throughout northeast Iowa. The NEIRHTF serves all of Allamakee, Clayton, Howard, and Winneshiek Counties. The goal of this program is to develop, redevelop, rehabilitate, and renovate single-family and/or multi-family owner-occupied and rental dwellings. These funds can be used for roof repair, furnace repair and replacement, energy efficiency updates, electrical and plumbing, handicap accessibility, homebuyer assistance, etc.
For more information about the program, please contact Lori Brockway or Sarah Snitker at 563-864-7551 or by visiting http://uerpc.org/housing-trust-fund.html


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text: As I live in the UK I thought £500 for an iPhone was RIDICULOUSLY expensive. But I was down town today and seen a contract for £25 a month for 2 years and then £299 for the actual phone. But I have seen loads of complaints that when they drop their iphone from as much as 20cm it breaksPlease Register or Log in to view images? My brother has a 3GS and his screen has been cracked twice due to small falls. And before anyone says 'just be careful, don't drop it'... I'm not perfect lol. So how do you guy's keep your's safe?Please Register or Log in to view images


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Why Use Push-up Bars?
You typically perform push-ups with your hands on the floor, but using push-up bars or handles can offer a couple of training benefits. If you suffer from wrist discomfort, the apparatus allows you to perform the exercise without pain. In addition, using a push-up bar lets you lower yourself closer to the floor, increasing how hard your muscles work.
Pushup Bars vs. Handles
A couple of different types of equipment are designed for push-ups. A push-up bar is a structure that you place on the floor where you plan to put your hands. It features a single bar running perpendicular to your body so that when you grip it, your palms are facing your feet. Push-up handles typically are two separate pieces of equipment that you grip with each hand. They allow you to change the direction of your wrists, so your palms can face each other or your feet as you perform the push-up.
Easing Stress on the Wrists
When you do push-ups without a bar or handles, you place your palms flat on the floor, forcing your wrists into extreme hyperextension, which can lead to pain and nerve problems. When you use bars or handles, your wrists maintain a neutral position. The muscles in your forearms must work harder to keep your wrists from collapsing, but they are in a safer position.
Increasing Chest Work
Using push-up bars or handles lets you drop closer to the floor, increasing how hard your chest muscle, the pectoralis major, must work. With your hands on the floor, your torso meets the ground sooner than when you do the exercise with bars or handles, which elevate your body. Your shoulder joints perform a greater degree of horizontal abduction, which means they flare out more to your sides.
Safety Considerations
While performing push-ups with a bar or handles can increase the involvement of your chest muscle because you horizontally abduct your shoulders to a greater degree, this extreme abduction can place significant stress on your shoulder joints. Extreme horizontal abduction can lead to shoulder impingement, in which your rotator cuff, the long head of the biceps, neural pathways in the shoulders or the bursa in your shoulders becomes pinched between your humerus and scapula. When you lower toward the floor, your humerus and scapula squeeze together. The farther you stretch your shoulders, the greater the risk of the structures in your shoulders getting pinched.


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Bank of America Corp. has persuaded a judge to remove from the public record a claim by an employee that she was offered $500,000 to settle a case alleging her boss ran a "bro's club" that favored male employees. more
By Laura J. Keller and Bob Van Voris
Bob Ricci, vice president, regional manager with BankRI, joined the bank in 2010 and has more than 15 years of experience in the industry. A lifelong Rhode Islander, Ricci became a member of the board of directors of Read to Succeed in 2016. He also sits on the board of the Rhode Island Ovarian Cancer Alliance and previously served on the board of the Boys & Girls Clubs of Warwick. more
By Emily Gowdey-Backus
Joseph J. Arver has been appointed vice president, senior financial analyst at BankNewport. He joins the firm from State Street Financial. He holds a B.S. in business administration from the University of Rhode Island and an MBA from the Smeal … more
Jeri A. Martins has been named vice president, mortgage loan originator at BankNewport. She brings more than 14 years of mortgage origination experience to her new role. Martins previously served as senior mortgage loan officer at UMassFive College … more
To be a successful business leader, one must understand the perpetually changing needs of an organization. Specifically, you must be able to quickly shift resources to adapt to the business environment as it is, not as it used to be. When I … more
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What's one more red flag when you're a red-flag machine like Santander Consumer USA Holdings? Santander Consumer announced this week that it still couldn't quite accomplish the feat of filing its second quarter 10-Q report with the Securities and Exchange Commission. more
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People's Credit Union in conjunction with the Credit Unions of Rhode Island raised $90,900 to help support the Special Olympics Rhode Island. more
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520 South Main Street, Cheshire, CT (map)
Let's play some great hockey at the now indoor/outdoor pool in Cheshire! They keep the pool at a nice 84degrees and we can enjoy it indoors during the winter, and then they open the walls to an outdoor style in the summer!
I'll have to double check, but I think the cost is $11 for nonresidents, $7 for residents, but they also offer memberships, which if you plan on regularly attending save a few bucks
I'm Mike Opey, I love underwater hockey and honestly can't get enough of it.
Hi, I love being in the water and i love challenges, this sounds like one i'm in
Hi Jammie, I'm in Hartford, CT, and would be interesed... more
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Listen Now Download as mp3 from the show What Makes Mucus Green?
Yehuda Schonfeld asked:
Hi Chris,
Thank you for your interesting podcast!
My question is, when people pump billions of gallons of fossil fuels out of the earth, does the huge empty hole cause the earth's crust to become unstable and possibly collapse? Does the fossil fuel replenish?
I always wondered about this.
Chris - That's a really good question and its one that actually, weve also had from Ady Yates who said what do we replace pumped-out oil and gas with?
I guess I can probably help both of you in one go here. A few years back when I first started doing all this, I thought oil existed underground in these big open caverns, almost like a coal seam - and when you take the coal away you're left with a big cave. But oil's different and, in fact, the best analogy I can think of to explain what its really like is to imagine sticking a straw into a wet sponge and sucking water out, because that's essentially what the conditions are like underground.
When the oil was formed, it was lots of marine creatures and other organic matter; this got compacted on the sea floor below layers of sediment and the huge pressure heated everything up and cooked all these dead creatures into the soup which became the crude oil that we extract today. But that means that what that material is trapped inside is a porous rock, and I have to acknowledge on our forum, nakedscientists.com/forum, we had an answer to a similar question a couple of years ago which a geologist on the forum, JimBob, gave a very elegant answer to. He points out that if you look at the rock that an oil well is drilling into, the porosity of that rock, in other words, the proportion of holes, is about 13%. So in other words, if you take the cross-sectional area thats holes as a whole proportion of the cross-sectional area of the piece of rock, about 13% is just empty space in the rock; and that empty space is filled with the oil. Now, he also says that that is about the same open porosity as concrete.
So, in other words, when you take the oil away, you're left with something which is equivalently strong already to concrete. So you're not leaving a big space. You're just taking the oil out from between all these little holes which are, to a certain extent, in continuity.
But then the next point to bear in mind is that this oil and gas that's underground is under extremely high pressure and that means that as you take the oil or gas away, largely under its own pressure, then other things will move in to displace it. And therefore, some water will move in from the adjacent rock and will also take up some of the space that's been vacated.
In fact, when people call a well spent, in other words, they say that an oil well has become empty, actually, the amount of oil that's left behind can be as much as 90%, because the oil is very hard to get out.
To come back to Adys question, what do we replace it with, well sometimes, you can help to get the oil out by pumping something else into the porous rock such as water to help the oil be pushed up to the surface because it floats on the water. The Norwegians have also got a technique where they pump steam in underground and the steam, being hot, can make the oil become runnier, so its more likely to consolidate - join together - into big blobs of oil which are easier to get out. And also, as Dave pointed out earlier when we were discussing this, sometimes they also put surfactants, things like washing up liquid, down underground and that helps the oil to have a lower surface tension so it can flow out of all these little holes more easily.
So, the bottom line is, you're sticking a straw into a sponge; the porosity of that sponge is equivalent to concrete so its still very tough rock underground; therefore, you don't get left with a great big gaping hole, and therefore there are probably few seismic consequences as a result.
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Yehuda Schonfeld asked the Naked Scientists: Hi Chris, Thank you for your interesting podcast! My question is, when people pump billions of gallons of fossil fuels out of the earth, does the huge empty hole cause the earth's crust to become unstable and possibly collapse? Does the fossil fuel replenish? I always wondered about this. Thanks, Yehuda What do you think? Yehuda Schonfeld, Sun, 14th Nov 2010
This was discussed in the geology forum a while back...
There is no cave-like cavity. Fossil fuels are extracted from porous rocks or fractured rocks which may have 10-20% microscopic pore space - to the eye the reservoirs appear to be solid rock. Often 30-50% of the oil is unrecoverable. Often water is pumped into the reservoir in order to increase the pressure (replacing the oil). The Earth is perfectly stable as the rock remains - only the fluid is removed. Fossil fuels would not replenish on a human time-scale. aubreywhymark, Sun, 2nd Jan 2011
What about the weight. I know the size of the earth compared to the amount of oil is vastly different. But, could we ever run in to issues with the amount of weight we are re-distributing? Chrwilcoa, Thu, 9th Apr 2015
Hi. If the rock containing oil is about as strong as concrete, isn't that still dangerous? The water you say takes the place of oil is not as dense and sturdy, is it? I ask these because concrete cracks- sometimes easily- and oil is thicker than water............. so, how can it be true that harvesting oil doesn't cause instability or collapse? margaret mary hepker, Mon, 17th Aug 2015
I know this is a little off topic, but I've seen a substantial amount of blogs on the internet claiming that drilling is not bad for the earth. Bottom line is there have been no significant tests to prove this, a test of that magnitude would cost a fortune and we still have a great deal to learn. Some people feel they need to display their degrees even though you can watch a documentary about dinosaurs and learn most of this information, this in no way proves that drilling oil is not harmful to the long-term health of the earth, this is only data taken from an unrelated subject and passed threw a philosophical centrifuge. Mike H, Tue, 19th Apr 2016


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"Roma- So much History here!..." Italy Things to Do Tip by ohmarie
Italy Things to Do: 1,470 reviews and 2,257 photos
Roma- So much History here! And the Gilato was de-vine! St. Peter's, Trevi Fountian, Colloseum & The Piazza Navona were among my favorites.
Firenze (Florence) - My FAVORITE city! The David, Boboli Gardens, and that cute little Hostel we stayed in captured my heart.
Veniza (Venice) - Two words 'Gondola Ride'
It's so worth it, (and NOT expensive if you divide the cost among you!) Charming and full of History. We even rode by Mozart's house, and theatre!
Piza - Well worth the day trip and touristy photos you'll take of you leaning and pusing up the tower.
othercontact: If you want to go into any of th
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decided: June 20, 1977.
LINDA F. COATES, ET AL., PLAINTIFFS-APPELLANTS,v.ILLINOIS STATE BOARD OF EDUCATION, ET AL., DEFENDANTS-APPELLEES
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 75-C-3362 - John F. Grady, Judge.
Cummings, Pell and Tone, Circuit Judges.
CUMMINGS, Circuit Judge.
On October 8, 1975, plaintiff school children and their parents filed this school desegregation action on behalf of the class of all black citizens who reside within the geographical boundaries of certain school districts in Rockford, Peoria and Joliet, Illinois. Named as defendants were the Illinois Office of Education, the Illinois State Superintendent of Education, individual members of the Illinois State Board of Education (the three groups collectively termed the "state defendants"), the various school districts, the Superintendent of these school districts, the geographically pertinent Regional Boards of School Trustees, the Superintendents of these Regional Boards and the individual members of the Regional Boards. The complaint asserts subject-matter jurisdiction under 28 U.S.C. §§ 1331 and 1343(3). The Thirteenth and Fourteenth Amendments as well as Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) are pleaded as causes of action under the 28 U.S.C. § 1331 subject-matter jurisdictional fount, and three provisions of the Civil Rights Acts of 1866, 1870 and 1871, 42 U.S.C. §§ 1981, 1983, 1988,*fn1 are pleaded in conjunction with the 28 U.S.C. § 1343(3) jurisdictional grant. A pendent state action under the Armstrong Act is also alleged. 1975 Ill. Rev. Stats. ch. 122, § 10-21.3
The complaint seeks a declaratory judgment under 28 U.S.C. § 2201 that plaintiffs' constitutional rights have been violated, as well as an injunction against future violation. In addition, the plaintiffs ask that the expenditure of all federal funds by the Peoria, Rockford and Joliet school districts be enjoined pendente lite. Finally, the complaint prays that $50,000 damages be jointly and severally assessed against the individual defendants.
The response of the defendants to the complaint was mixed. Several defendants filed motions to dismiss for failure to state a claim and others answered the complaint. On August 3, 1976, the trial court held that the case failed to state a claim upon which relief could be granted "because this complaint does not allege that the underlying condition of school segregation was caused, in whole or in part, by any purposeful action of any of the defendants * * *" (419 F. Supp. at 27). The cause was dismissed with prejudice. Judge Grady also expressed advisory views on the impropriety of joinder of separate school districts in one action. He further indicated that "the very fact of the separate districts, geographically distant from one another, make[s] this proposed class an implausible creature which could not possibly satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure" (id. at 28).*fn2
The only facts available to us are those detailed in the complaint. In support of the motions to dismiss we take all well-pleaded facts as true, but we will not strain to find inferences favorable to the plaintiffs which are not apparent on the face of this civil rights complaint. Metcalf v. Ogilvie, 436 F.2d 361, 363 (7th Cir. 1970). Especially in the school desegregation area, conclusory pleading such as evidenced in this complaint is woefully inadequate. Direct linkage between the facts pleaded and the violation asserted must exist on the face of the complaint. Put another way, a "plaintiff is required to set forth specific illegal misconduct and resultant harm in a way which will permit an informed ruling whether the wrong complained of is of federal cognizance." Duncan v. Nelson, 466 F.2d 939, 943 (7th Cir. 1972), certiorari denied, 409 U.S. 894, 34 L. Ed. 2d 152, 93 S. Ct. 116, 93 S. Ct. 175.
According to the complaint, the Illinois State Board of Education and its predecessor, the Illinois Superintendent of Public Instruction, were required to prevent the segregation of school facilities under 1975 Ill. Rev. Stats. ch. 122, § 10-22.5.*fn3 Further, pursuant to the Armstrong Act, the State Board and its predecessor were affirmatively required to change attendance units with a view to the prevention of future and elimination of preexisting segregation. 1975 Ill. Rev. Stats. ch. 122, § 10-21.3.*fn4 In 1971, under rules which had been adopted by the State Superintendent of Public Instruction,*fn5 he found that the named defendant school districts "were in violation of the laws of the State of Illinois because of segregation and discrimination within said school districts" (Complaint P 22). The complaint asserts that plaintiffs have been denied equal educational opportunities because of defendants' failure and refusal to correct the segregation and discrimination in the schools in the named Rockford, Peoria and Joliet school districts.
Read liberally,*fn6 the complaint alleges a federal statutory school segregation claim under Title VI of the Civil Rights Act of 1964, a constitutional claim under the Thirteenth and Fourteenth Amendments and a state statutory claim under the Armstrong Act. Since federal jurisdiction over the Armstrong Act claim is strictly pendent to the alleged federal claims, we must initially determine whether a federal cause of action exists. To avoid unnecessary constitutional adjudication, we will construe the Title VI claim first.*fn7 Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 341, 80 L. Ed. 688, 56 S. Ct. 466 (Brandeis, J., concurring).
The complaint alleges that the defendant Rockford, Peoria and Joliet school districts were receiving federal funds during all pertinent times. Section 601 of Title VI of the Civil Rights Act of 1964 provides:
"No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." 42 U.S.C. § 2000d.
Section 601 has been used in the equal education opportunity area. Lau v. Nichols, 414 U.S. 563, 39 L. Ed. 2d 1, 94 S. Ct. 786; Bossier Parish School Board v. Lemon, 370 F.2d 847, 851-852 (5th Cir. 1967). But even if arguendo Section 601 can be read to imply a private cause of action against administrative actions or inactions having the effect of discriminating "'in the availability or use of any academic * * * or other facilities of the grantee or other recipient'"*fn8 even though no purposeful design is present (cf. International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S. Ct. 1843, 52 L. Ed. 2d 396, 45 LW 4506, 4509 n. 15), the discrimination must be the actual causative resultant of the actions under scrutiny. Cf. Pasadena City Board of Education v. Spangler, 427 U.S. 424, 434, 49 L. Ed. 2d 599, 96 S. Ct. 2697. When, under state imposed standards, federal and state money is spent on equality of treatment, by providing students with the same facilities, textbooks, teachers and curriculum, the ancillary fact of racial imbalance does not state a claim under Section 601. Cf. Lau v. Nichols, 414 U.S. at 566. And without a recitation of how specific prior actions have caused specified discriminatory effects, the mere fact that defendant school districts were cited as being segregated by the State Superintendent of Public Instruction in 1971 (Complaint P 22) does not require affirmative action under Section 601.*fn9 See Soria v. Oxnard School District Board of Trustees, 386 F. Supp. 539 (C.D. Calif. 1974); cf. Duncan v. Nelson, 466 F.2d 939, 943 (7th Cir. 1972), certiorari denied, 409 U.S. 894, 34 L. Ed. 2d 152, 93 S. Ct. 116, 93 S. Ct. 175.
Since Section 601 does not provide a cause of action, we must reach the constitutional question. In Washington v. Davis, 426 U.S. 229, 240, 48 L. Ed. 2d 597, 96 S. Ct. 2040, the Supreme Court has recently underscored the absolute necessity of segregative intent to a successful constitutional challenge to school segregation:
"The school desegregation cases have also adhered to the basic equal protection principle that the invidious quality of a law claimed to be racially discriminatory must ultimately be traced to a racially discriminatory purpose. That there are both predominately black and predominately white schools in a community is not alone violative of the Equal Protection Clause. The essential element of de jure segregation is 'a current condition of segregation resulting from intentional state action.' Keyes v. School Dist. No. 1, 413 U.S. 189, 205 [37 L. Ed. 2d 548, 93 S. Ct. 2686] (1973). 'The differentiating factor between de jure segregation and so-called de facto segregation * * * is purpose or intent to segregate.' Id., at 208. See also id., at 199, 211, 213."
As we said in Lawlor v. Board of Educ. of Chicago, 458 F.2d 660, 662 (7th Cir. 1972), certiorari denied, 413 U.S. 921, 93 S. Ct. 3045, 37 L. Ed. 2d 1043, the "mere fact of imbalance of races is not alone a deprivation of equality of educational opportunity in the absence of purposeful invidious discrimination." Manifestly, one must of "necessity * * * establis[h] that school authorities have in some manner caused unconstitutional segregation * * *." Pasadena City Board of Education, supra, 427 U.S. at 434.
Here the complaint does not allege segregative intent. Plaintiffs seek to avoid the dictate of Washington v. Davis by the novel argument that by virtue of the affirmative duty to eliminate de facto segregation imposed as a matter of state law by the Armstrong Act, segregative intent must be conclusively presumed to exist since de facto segregation concededly continues in the named defendant school districts. This innovative theory cannot withstand analysis. "Determining whether invidious discriminatory purpose was a motivating factor demands a sensitive inquiry into such circumstantial and direct evidence of intent as may be available." Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 266, 97 S. Ct. 555, 50 L. Ed. 2d 450, 45 LW 4073, 4077. See generally Note, Reading the Mind of the School Board: Segregative Intent and the De Facto/De Jure Distinction, 86 Yale L.J. 317 (1976). In this inquiry we must steadfastly eschew any "readiness to impute to school officials a segregative intent far more pervasive than the evidence justifies[s]." Austin Independent School District v. United States, 429 U.S. 990, 991, 97 S. Ct. 517, 50 L. Ed. 2d 603, 45 LW 3413 (Powell, J., concurring). Even if we read the complaint as alleging that absolutely nothing had been done to discharge the Armstrong Act's affirmative duty to desegregate,*fn10 this is not the equivalent of segregative intent as a matter of law. Mere failure to implement without more is not enough. For under the Armstrong Act, which has been construed as applying to de facto segregation, the "school board [can] conclud[e], based on considerations of traffic hazards, walking distances, finances and classroom capacity, that existing attendance unit boundaries should not be revised." Tometz v. Board of Education, Waukegan City School District No. 61, 39 Ill. 2d 593, 602, 605, 237 N.E.2d 498 (1968).*fn11 Therefore since segregative intent is not pleaded and since the facts pleaded do not make out the required segregative intent as a matter of law, the complaint does not give rise to a constitutional claim. Washington v. Davis, 426 U.S. 229, 48 L. Ed. 2d 597, 96 S. Ct. 2040.
Because no federal claim has been asserted, we, of course, have no power to retain jurisdiction over any putatively well-pleaded state action founded on the Armstrong Act. United Mine Workers v. Gibbs, 383 U.S. 715, 16 L. Ed. 2d 218, 86 S. Ct. 1130. C. Wright, Federal Courts 74-75 (3d ed. 1976). Therefore the dismissal of the entire cause must be affirmed.
Judge Grady dismissed the cause below with prejudice. Although the plaintiffs never sought leave to file an amended complaint,*fn12 plaintiffs maintained at oral argument that they should have an opportunity to plead segregative intent. Rule 15(a) of the Federal Rules of Civil Procedure. Our review is to determine whether the district judge committed error. We agree that he correctly held the complaint insufficient. He did not abuse his discretion in denying leave to amend the complaint, because such leave was never sought.*fn13 Under these circumstances, we can find no basis for disturbing his judgment in any way. See Foman v. Davis, 371 U.S. 178, 182, 9 L. Ed. 2d 222, 83 S. Ct. 227. No injustice will be done by giving the district court's judgment its due in accordance with the usual procedure. This is not a class action.*fn14 Our decision will not bar a later action by other parties if discriminatory purpose can be properly alleged and proved, and plaintiffs here will benefit by any declaratory or injunctive relief that may be granted in such an action.
The judgment of the district court is affirmed.
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Conservation Status
The decline of the common wombat has resulted from humans exterminating them, hunting for sport, and competition for food with rabbits. Each species of wombat is protected to some degree in the different states in Australia, except in Victoria, where they are still threatened by hunting. Nowak (1983)
IUCN Red List of Threatened Species: least concern


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February 3, 2012
MELINDA KEENAN AND CATHERINE LIEB, PLAINTIFFS,v.ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, DEFENDANT.
This matter comes before the court upon defendant's motion to dismiss. (ECF 11.) The hearing on this motion took place on September 14, 2011; Douglas Watts appeared for plaintiffs and Lynn Ernce appeared for defendant. For the following reasons, defendant's motion is GRANTED.
Plaintiffs brought their original complaint on December 28, 2010 (ECF 1) and their amended complaint ("AC") on May 13, 2011. (ECF 8.) They allege four causes of action:
1) unlawful discrimination in violation of Title VII, 42 U.S.C. § 2000e, et seq.; 2) retaliation in violation of Title VII; 3) violations of the Federal Equal Pay Act, 29 U.S.C. § 206, et seq.;*fn1 and 4) on behalf of plaintiff Lieb only, violations of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq.
Defendant filed the present motion to dismiss in lieu of an answer on June 10, 2011. (ECF 11.) Plaintiffs filed their opposition on June 28, 2011. (ECF 13.) Defendant filed his reply on July 6, 2011. (ECF 14.)
Melinda Keenan was employed with the United States Department of Veterans Affairs ("VA") at the VA's Mather facility; she worked as a staff psychologist and post-traumatic stress disorder ("PTSD") program coordinator from February 2001 to 2010. (AC ¶ 1.) She is currently employed as a psychologist at the VA's Citrus Heights facility. (Id.) Catherine Lieb has been employed as a licensed clinical social worker at the VA's Mather facility since January 2008. (Id. ¶ 2.) In June 2008, Lieb was assigned to be the general health team leader. (Id. ¶ 19.) Since October 25, 2009, Lieb has been a social worker on Mather's PTSD team. (Id. ¶ 21.) Keenan, Lieb and another individual were nominated to form a steering committee for the Mather facility in mid-2008. (Id. ¶ 20.)
Maga Jackson-Triche, M.D., was at all relevant times the associate chief of staff for mental health services and Keenan's direct supervisor. (AC ¶ 13.) Steven Shotz was hired by Dr. Jackson-Triche in April 2007 and made the mental health clinic's manager in late 2007. (Id. ¶¶ 14-15.) At some point in 2008, Dr. Shotz stepped down as clinic manager and stayed on as a mental health practitioner. (Id. ¶¶ 17, 27.)
The Mather facility's mental health clinic held a staff meeting on December 3, 2008. (AC ¶ 22.) During the meeting, plaintiffs spoke about "ways the staff could, collectively, move past the very painful tenure and hard feelings created by SHOTZ's time as Clinic Manager." (Id. ¶ 23.*fn2 ) A few months later, Dr. Shotz filed an Equal Employment Opportunity ("EEO") complaint against the Mather facility alleging that plaintiffs "had been disrespectful toward him, disparaged him, and encouraged fellow Mather VA Mental Health Clinic staff not to work with him." (Id. ¶ 29.) Neither party has indicated what, if any, findings or conclusions were reached by the EEO.
On February 12, 2010, Keenan received a written letter of admonishment. (AC ¶ 35.) Lieb received a one-week suspension from her job without pay. (Id.) Parties do not provide copies of the letter or notification of suspension.
A. Standard
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a party may move to dismiss a complaint for "failure to state a claim upon which relief can be granted." A court may dismiss "based on the lack of cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
Although a complaint need contain only "a short and plain statement of the claim showing that the pleader is entitled to relief," FED. R. CIV. P. 8(a)(2), in order to survive a motion to dismiss this short and plain statement "must contain sufficient factual matter . . . to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A complaint must include something more than "an unadorned, the-defendant-unlawfully-harmed-me accusation" or "'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action.'" Id. at 1949 (quoting Twombly, 550 U.S. at 555). Determining whether a complaint will survive a motion to dismiss for failure to state a claim is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 1950. Ultimately, the inquiry focuses on the interplay between the factual allegations of the complaint and the dispositive issues of law in the action. See Hishon v. King & Spalding, 467 U.S. 69, 73 (1984).
In making this context-specific evaluation, this court must construe the complaint in the light most favorable to the plaintiff and accept as true the factual allegations of the complaint. Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). This rule does not apply to "'a legal conclusion couched as a factual allegation,'" Papasan v. Allain, 478 U.S. 265, 286 (1986) (quoted in Twombly, 550 U.S. at 555), nor to "allegations that contradict matters properly subject to judicial notice" or to material attached to or incorporated by reference into the complaint. Sprewell v. Golden State Warriors, 266 F.3d 979, 988-89 (9th Cir. 2001). A court's consideration of documents attached to a complaint or incorporated by reference or matter of judicial notice will not convert a motion to dismiss into a motion for summary judgment. United States v. Ritchie, 342 F.3d 903, 907 (9th Cir. 2003); Parks Sch. of Bus. v. Symington, 51 F.3d 1480, 1484 (9th Cir. 1995); compare Van Buskirk v. CNN, 284 F.3d 977, 980 (9th Cir. 2002) (noting that even though court may look beyond pleadings on motion to dismiss, generally court is limited to face of the complaint on 12(b)(6) motion).
B. Application i. Title VII discrimination
In a Title VII claim: "First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to defendant 'to articulate some legitimate, nondiscriminatory reasons for the employee's rejection.' [] Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination." Texas Dept. of Cmty. Affairs v. Burdine, 450 U.S. 248, 252-53 (1981) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 804 (1973)) (internal quotation omitted). To establish a prima facie case of discrimination, "the plaintiff must show that (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably." Chuang v. Univ. of California Davis, 225 F.3d 1115, 1123 (9th Cir. 2000).
Defendant contends that plaintiffs' "allegations do not state any actual facts to support a plausible claim that [plaintiffs] were discriminated against because of their sex and do not put the Secretary on fair notice of the basis for their sex discrimination claims." (Def.'s Mem. P. & A. at 3.) Defendant further contends that Keenan does not even allege an adverse employment action taken against her. (Id. at 4.) Plaintiffs contend that they have adequately pled they belonged to a protected class, were qualified for their positions, were subject to adverse employment actions, and similarly situated individuals outside their protected class were treated more favorably. (Pls.' Opp'n at 7.)
Plaintiffs have failed to state a claim for Title VII discrimination. Specifically, plaintiffs have failed to plead that similarly situated individuals outside their protected class were treated more favorably. Plaintiffs allege they "are informed and believe that SHOTZ, a male who is otherwise similarly situated to Plaintiffs in terms of professional credentials and experience, was treated far more favorably than each of them were treated, and was not subjected to any adverse employment actions such as reprimands or suspensions." (AC ¶ 40.) However, plaintiffs have not alleged that Dr. Shotz was "similarly situated" to plaintiffs in any relevant way. "In order to show that the 'employees' allegedly receiving more favorable treatment are similarly situated [] the individuals seeking relief must demonstrate, at the least, that they are similarly situated to those employees in all material respects." Moran v. Selig, 447 F.3d 748, 755 (9th Cir. 2006). Plaintiffs do not allege that Dr. Shotz engaged in the same conduct as plaintiffs; specifically, plaintiffs do not allege Shotz made statements at the December 3, 2008 staff meeting comparable to the statements made by plaintiffs. Plaintiffs contend the December 3, 2008 staff meeting was the critical event at which plaintiffs made their so-called "protected statements," which led to Shotz's EEO complaint and plaintiffs' discipline. (See Pls.' Opp'n at 3-5.) Moreover, plaintiffs appear uncertain regarding the reasons for Shotz's alleged "favorable treatment": for example, in their opposition, plaintiffs state that Shotz received "more favorable treatment" "due to his alliance with Dr. Jackson Triche" but do not allege that it was because he is male. (Pls.' Opp'n at 8; see AC ¶¶ 14-16.)
ii. Title VII retaliation
Title VII makes it unlawful "for an employer to discriminate against any of his employees . . . because he has opposed any practice made an unlawful employment practice by this title . . . or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title . . . ." 42 U.S.C. § 2000e-3(a). "A plaintiff may meet his burden of proof for a claim of retaliation under Title VII by showing, by a preponderance of evidence, (1) involvement in protected activity opposing an unlawful employment practice, (2) an adverse employment action, and (3) a causal link between the protected activity and the adverse action." Freitag v. Ayers, 468 F.3d 528, 541 (9th Cir. 2006) (citing Burdine, 450 U.S. at 252-53). "[A]n employer's [adverse employment action against] an employee can violate the section in either of two ways: (1) if the [adverse employment action] occurs because of the employee's opposition to conduct made an unlawful employment practice by the subchapter, or (2) if it is in retaliation for the employee's participation in the machinery set up by Title VII to enforce its provisions." Silver v. KCA, Inc., 586 F.2d 138, 141 (9th Cir. 1978).
Defendant contends that plaintiffs' "conclusory allegations do not allege a causal link between a specific adverse employment action and a specific Title VII-protected activity." (Def.'s Mem. P. & A. at 4.) Furthermore, defendant maintains that "[n]owhere in the FAC do plaintiffs allege that either plaintiff Keenan's letter of admonishment or plaintiff Lieb's one-week suspension had the effect of dissuading them from making or supporting a charge of discrimination or deterring them from engaging in protected activity." (Id. at 5.) Plaintiffs contend they have pled their engagement in a protected activity and suffered adverse employment actions as a result, and that there was a causal link. (Pls.' Opp'n at 8.)
Plaintiffs have failed to assert a prima facie case of Title VII retaliation. A fundamental and incurable flaw in plaintiffs' claim is that plaintiffs have not alleged they were engaged in a protected activity as that term is defined by Title VII. That is, in order for plaintiffs' Title VII retaliation claim to survive, plaintiffs must have pled that the adverse employment actions were the result of their opposition to unlawful employment practices or participation in Title VII enforcement machinery. Instead, plaintiffs alternately refer to the December 3, 2008 staff meeting and the investigation surrounding Dr. Shotz's EEO complaint as the protected activity in which they engaged. (See AC ¶¶ 35, 39.)
While "opposition" is interpreted "broadly," such as by "including the employee's threat to file a charge," Silver, 586 F.2d at 141 n.2 (citing EEOC Compliance Manual, 704(a) Discrimination, § 492.1(a) (1975)),*fn3 plaintiffs do not allege that the statements they made at the staff meeting were in opposition to unlawful employment practices. Rather, plaintiffs are unequivocal that their statements at the staff meeting concerned "patient-related topics ranging from ways to improve mental health care for the veterans to ways the staff could . . . move past the very painful tenure and hard feelings created by SHOTZ's time as Clinic Manager." (AC ¶ 23.) To plaintiffs' credit, they do not state anywhere that their allegedly protected activity at the staff meeting was protected activity as defined by Title VII, only that it was "protected by the First Amendment to the US Constitution." (Id. ¶ 24.) Morever, plaintiffs do not allege with sufficient particularity that their statements as part of the EEO investigation were protected. Plaintiffs make only the conclusory allegation that their statements were protected and that somehow Jackson-Triche and Shotz learned of the protected statements and retaliated against them for it. (Id. ¶ 34.) This allegation is insufficient to survive a motion to dismiss. The court need not reach the other two prongs of Title VII retaliation.
iii. ADEA
Title 29 U.S.C. § 623(a) makes it unlawful for an employer to discriminate against an employee or prospective employee on the basis of age.
In Gross v. FBL Financial Services, 557 U.S. 167, 129 S.Ct. 2343 (2009), the Supreme Court noted it has "never held that [the McDonnell Douglas] burden-shifting framework applies to ADEA claims. And, we decline to do so now." Id. at 2349 & n.2; see also Reeves, 530 U.S. at 142. Nevertheless, the Court in Gross did not explicitly reject the burden-shifting analysis in its ultimate conclusion, that a plaintiff in an ADEA case bears the burden of persuasion to demonstrate that age was the "but-for" cause of the adverse action rather than merely a motivating cause. Gross, 129 S.Ct. at 2351. The Ninth Circuit has not addressed whether Gross changes the analysis in ADEA cases. "[T]he overwhelming number of other Courts of Appeal, who have addressed the issue, have held that Gross does not preclude the application of the McDonnell Douglas framework to ADEA claims." Hill v. The Boeing Co., 765 F. Supp. 2d 1208, 1215-16 (C.D. Cal. 2011) (collecting cases). Thus, plaintiff's burden is to show that she would not have suffered the adverse employment action "but for" her age. Id. at 1217.
Defendant contends that Lieb's ADEA claim must be dismissed because the amended complaint does not allege sufficient facts that her age was the "but-for" cause of her suspension. (Def.'s Mem. P. & A. at 6.) Plaintiffs contend the complaint does sufficiently allege that Lieb's age was the "but-for" cause. (Pls.' Opp'n at 10.) Plaintiffs further contend they can make out a "mixed-motive" claim (id.); however, the court notes that such claims are not authorized by the ADEA. Gross, 129 S.Ct. at 2350.
As discussed, the operative complaint alleges, albeit inadequately, that the disciplinary actions taken against plaintiffs were in retaliation for the so-called protected speech in which they engaged. Elsewhere, the complaint states: "Plaintiff LIEB is informed and believes and based thereon alleges that were it not for her age (59) and membership in a protected class of workers, Dr. Jackson-Triche would not have suspended her." (AC ¶ 55.) Plaintiffs in their opposition to the present motion contend that Lieb's discipline was more serious than Keenan's due to her age. (Pls.' Opp'n at 10.) However, they do not allege this in their complaint; rather, the complaint notes the different forms of discipline each plaintiff received but does not state that this difference was due to their relative ages. (See AC ¶ 35.) Plaintiffs' formulaic recitation of the elements of an ADEA claim does not save this claim.
For the foregoing reasons, defendant's motion to dismiss is GRANTED and plaintiffs' complaint is dismissed without prejudice. Plaintiffs shall have thirty (30) days from the entry of this order to file an amended complaint.
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