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United States District Court, S.D. California
August 4, 2014
MICHAEL RODRIGUEZ and JOSE DE SANTOS, on behalf of themselves and all others similarly situated, and on behalf of the general public, Plaintiffs,v.CLEANSOURCE, INC., INTERLINE BRANDS, INC., and DOES 2-100, Defendants.
M. JAMES LORENZ, District Judge.
Pending before the Court is Plaintiffs' motion to remand. ( MR [Doc. 13].) The motion is fully briefed. ( Opp'n [Doc. 18]; Reply [Doc. 19].) The Court finds this motion suitable for determination on the papers submitted and without oral argument in accordance with Civil Local Rule 7.1(d.1). For the following reasons, the Court DENIES Plaintiffs' motion.
According to the Complaint, Plaintiffs Michael Rodriguez ("Rodriguez") and Jose De Santos ("De Santos") were "hourly paid drivers" for Defendant Cleansource, Inc. ("Cleansource"). ( NOR [Doc. 1] Att. 2, Ex. A, ¶ 4.) Rodriguez and De Santos reside in California and "were employed in a non-exempt capacity as an hourly industrial truck worker, industrial truck driver, industrial vehicle driver, and/or industrial worker" by Cleansource. ( Id . ¶ 22.) Interline Brands, Inc. ("IBI") purchased a substantial amount of Cleansource assets and named CSE Holdings as the successor in interest. ( Id. ¶ 17.) IBI is "a New Jersey corporation with its corporate headquarters and principal of business in Jacksonville, Florida." ( NOR ¶ 17.)
Plaintiffs filed a class action complaint pursuant to Cal. Civ. Proc. Code § 382 against Cleansource in San Diego County Superior Court on September 25, 2013 on behalf of all current and former drivers employed by Cleansource since September 25, 2009. ( MR [Doc. 13], Att. 1, ¶ 5.) Rodriguez and De Santos then filed an amended complaint on February 5, 2014 to include IBI as a defendant. ( Id. ¶ 6.) Plaintiffs allege IBI violated Cal. Lab. Code §§ 203, 226.7, 512, and 1194; IWC Wage Order No. 9-2001 subsections (7)(a), (7)(b), and 7(c); Cal. Code Regs. tit. 8, § 11090; and Cal. Bus. and Prof. Code § 17200. ( NOR, Att. 2, Ex. A, ¶ 35 (1), (9), (14), (15), and (16).) Rodriguez and De Santos also seek attorneys' fees pursuant to Cal. Lab. Code §§ 218.5, 226(e), and 1194. ( Id. ¶ 40.)
On April 4, 2014, IBI filed its Notice of Removal asserting that this Court has jurisdiction under the Class Action Fairness Act ("CAFA"), enacted as 28 U.S.C. § 1332(d). ( NOR ¶ 6.) Defendant alleges that the Court has original jurisdiction over this action because "(1) the number of members of all proposed plaintiff classes in the aggregate is at least 100 members; (2) there is diversity of citizenship between Plaintiffs and IBI; and (3) the amount in controversy exceeds $5 million, exclusive of interests and costs." ( NOR ¶ 14.) The parties only contest the jurisdictional amount at this time.
Rodriguez and De Santos do not provide a specific amount of damages in the Complaint. ( NOR ¶ 20.) However, Defendant alleges that the "aggregate value of the claims of all Putative Class Members exceeds the $5 million amount in controversy." ( Id. ¶ 23.) IBI calculated the amount in controversy for Plaintiffs' first cause of action to be $668, 984.84. ( Id. ¶ 29.) It arrived at $334, 492.42 as the amount in controversy for Rodriguez and De Santos' second cause of action. ( Id. ¶ 31.) The amount in controversy for Plaintiffs' third and fourth causes of action is at least $2, 675, 939.36. ( Id. ¶ 36.) Rodriguez and De Santos' fifth cause of action pertaining to inaccurate wage statements totals $389, 700. ( Id. ¶ 38.) Plaintiffs' ninth cause of action for statutory waiting time penalties comes out to $205, 072.80. ( Id. ¶ 39.) Thus, according to Defendant, the total amount in controversy exclusive of attorneys' fees is $4, 274, 189.42. ( Id . ¶ 41.) Since Rodriguez and De Santos are also seeking attorneys' fees, IBI calculated the total amount in controversy by multiplying the foregoing amount by 25%, the benchmark allegedly used in the Ninth Circuit. ( Id. ) 25% of $4, 274, 189.42 is $1, 068, 547.36. ( Id . ¶ 42.) This brings the total amount in controversy to $5, 342, 736.78, which exceeds the $5 million jurisdictional threshold established by CAFA. ( Id. )[1]
On June 9, 2014, Plaintiffs filed the instant motion for remand. Rodriguez and De Santos argue that Defendant "had to show by a preponderance of the evidence that the amount in controversy exceeded $5, 000, 000" and "have not satisfied this burden." ( MR, Att. 2, 1.) Specifically, they argue that IBI's calculation of attorneys' fees at $1, 068, 547.78, "based exclusively on its conclusion that the Ninth Circuit awards a benchmark 25%' for attorneys' fees in class[, ]" is "misleading and entirely speculative for two main reasons." ( Id. at 2.) The first reason is that the calculation "assumes without analysis that the percentage-of-the-fund approach will be more appropriate for measuring attorney fees here than the lodestar method'." ( Id. ) The second is that "it disregards the fact that, even if the percentage approach is appropriate here, it would have to show that the 25% fee is reasonable." ( Id. ) Therefore, Plaintiffs argue that if the Court were to subtract the "speculative attorney fee" from the Defendants' alleged total in controversy, the amount in controversy would total... significantly less" than $5, 000, 000. ( Id. at 3.) IBI opposes. ( Opp'n. 17.)
"Federal courts are courts of limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). "They possess only that power authorized by Constitution or a statute, which is not to be expanded by judicial decree." Id. (internal citations omitted). "It is to be presumed that a cause lies outside this limited jurisdiction and the burden of establishing the contrary rests upon the party asserting jurisdiction." Id. (internal citations omitted); see also Abrego Abrego v. The Dow Chem. Co., 443 F.3d 676, 684 (9th Cir. 2006).
Consistent with the limited jurisdiction of federal courts, the removal statute is strictly construed against removal jurisdiction. Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992); see also Sygenta Crop Prot. v. Henson, 537 U.S. 28, 32 (2002); O'Halloran v. University of Wash., 856 F.2d 1375, 1380 (9th Cir. 1988). "The strong presumption against removal jurisdiction means that the defendant always has the burden of establishing that removal is proper." Gaus, 980 F.2d at 566; see also Nishimoto v. Federman-Bachrach & Assoc., 903 F.2d 709, 712 n.3 (9th Cir. 1990); O'Halloran, 856 F.2d at 1380. "Federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Gaus, 980 F.2d at 566.
CAFA vests district courts with "original jurisdiction of any civil action in which, inter alia, the amount in controversy exceeds the sum or value of $5, 000, 000, exclusive of interest and costs, and in which the aggregate number of proposed plaintiffs is 100 or greater, and any member of the plaintiff class is a citizen of a state different from any defendant." Lowdermilk v. United States Bank Nat'l Ass'n, 479 F.3d 994, 997 (9th Cir. 2007) (quoting 28 U.S.C. § 1332(d)) (internal quotations marks omitted). After a plaintiff files an action in state court, the defendant must allege and bear the burden of proof that the amount in controversy exceeds $5, 000, 000. See Abrego Abrego v. Dow Chem. Co., 443 F.3d 676, 685 (9th Cir. 2006). Mere conclusory allegations are insufficient. Sanchez v. Monumental Life Ins. Co., 102 F.3d 398, 404 (9th Cir. 1996). The defendant must set forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds $5, 000, 000. See Abrego Abrego, 443 F.3d at 689. "[W]here an underlying statute authorizes an award of attorneys' fees, either with mandatory or discretionary language, such fees may be included in the amount in controversy." Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1156 (9th Cir. 1998). Furthermore, attorneys' fees are "apportioned to each class member and not simply attributed to the named plaintiffs." Gibson v. Chrysler, 261 F.3d 927, 942 (9th Cir. 2001).
A. The Preponderance of the Evidence Standard Applies.
Although the defendant bears the burden of proving that the plaintiff's action meets the requirements of CAFA, the court must also consider what level of proof that the defendant must meet. Lowdermilk, 479 F.3d at 998. The Ninth Circuit has articulated two pertinent scenarios that dictate what level of proof that the defendant must meet in order to show that the amount-in-controversy requirement has been satisfied. Id. (citing Abrego Abrego, 443 F.3d at 683). In the first, "where it is unclear or ambiguous from the face of a state-court complaint whether the requisite amount in controversy is pled[, ]" the removing defendant must prove by "a preponderance of the evidence" that the amount in controversy has been met. Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699 (9th Cir. 2007). And in the second, "when a state-court complaint affirmatively alleges that the amount in controversy is less than the jurisdictional threshold, the party seeking removal must prove with legal certainty that CAFA's jurisdictional amount is met.'" Id. (citing Lowdermilk, 479 F.3d at 1000).
Here, Plaintiffs do not expressly allege a specific dollar amount for the amount in controversy or for damages sought. ( NOR ¶ 20.) Consequently, it is unclear and ambiguous from the face of the state-court complaint whether the requisite amount in controversy has been pled. Therefore, the Court applies the preponderance-of-the-evidence standard. Guglielmino, 506 F.3d at 699.
B. The Percentage-of-the-Fund Approach is Appropriate at This Point in the Proceedings
Rodriguez and De Santos first argue that "[i]n the absence of showing the percentage-of-the-fund approach would be an appropriate measure... for a potential award of attorneys' fees, Defendant is just guessing or speculating as to its application and the Court should thereby disregard it." ( MR, Att. 2, 8.) "Bearing the burden of proving the amount in controversy has been met means Defendant had to first show that the percentage-of-the-fund approach would be a proper measure of attorneys' fees here." ( Id. ) IBI characterizes Plaintiffs' arguments as "nothing more than a disingenuous and bad faith attempt to avoid this Court's proper exercise of jurisdiction over this action under CAFA." ( Opp'n. 8.) Further, IBI argues that their argument "is wholly unsupported, and in fact, these issues are only assessed and resolved when a court is determining the propriety of a proposed fee award at the conclusion of a class action." ( Id. ) For the following reasons, the Court finds that applying the percentage-of-the-fund approach to calculate attorneys' fees for purposes of establishing the jurisdiction amount in controversy is appropriate here.
Rodriguez and De Santos are correct in asserting that Hanlon v. Chrysler Corp., 150 F.3d 1011 (9th Cir. 1998) is "a post-class settlement case, wherein the Court affirmed the district court's final approval of settlement and awards of attorneys['] fees." ( MR, Att. 2, 7.) Nevertheless, this case is instructive because it "affirm[s] the use of two separate methods for determining attorneys['] fees." Hanlon, 150 F.3d at 1029. The first method is the lodestar method, which is applied in "employment, civil rights, and other injunctive relief class actions because there is no way to gauge the net value of the settlement or any percentage thereof." Id. Lodestar calculation multiplies the number of hours expended by attorneys against a reasonable hourly rate. Blum v. Stenson, 465 U.S. 886, 897 (1984). The second method is the percentage-of-the fund approach. This method entails "simply award[ing] the attorneys a percentage of the fund sufficient to provide class counsel with a reasonable fee." Paul, Johnson, Alston & Hunt v. Graulty, 886 F.2d 268, 272 (9th Cir, 1989).
The Ninth Circuit has held that "in common-fund' cases where the settlement or award creates a large fund for distribution to the class, the district court has discretion to use either a percentage or lodestar method." In re: WA Public Power Supply System Securities Litigation, 19 F.3d 1291, 1295 (1994). However, "Ninth Circuit law mandates use of the percentage method in common fund cases unless the district court finds special considerations' that warrant use of the lodestar method." Id. at 1296. The Court does not find any special considerations in this matter. Furthermore, at this stage in the litigation, it is difficult to assess "the time and labor involved, the skill requisite to perform the legal service properly, time limitations imposed by the client or the circumstances" etc., guidelines that assist in the calculation of attorneys' fees under lodestar. Kerr v. Screen Actors Guild, Inc., 526 F.2d 67, 70 (9th Cir. 1975).
Therefore, a percentage-of-the-fund calculation is more appropriate, than using the lodestar approach.
C. Use of A 25% Attorneys' Fees Benchmark is Reasonable
Next, Rodriguez and De Santos argue that "[e]ven if using the percentage-of-fund approach were appropriate here, fees are not determined by simply multiplying the 25% benchmark' by the common settlement fund." ( MR, Att. 2, 9.) They contend that IBI must show that "using the 25% benchmark would be reasonable. " ( Reply 7.) IBI disagrees and asserts that, use of a 25% attorneys' fees benchmark "is widely accepted and routinely acknowledged by the Ninth Circuit." ( Opp'n. 9 (citing Graulty, 886 F.2d at 272).) The Court agrees with IBI.
Most attorneys' fees awards usually fall within the range of 20 to 30 percent of the common fund. Id. However, the court in Graulty established "25% of the fund as the benchmark' award that should be given in common fund cases." Six Mexican Workers v. AZ Citrus Growers, 904 F.2d 1301, 1311 (9th Cir. 1990). Six Mexican Workers further reaffirms 25% as the benchmark when calculating attorneys' fees. See id.
The Court notes that Hanlon "is not a case about whether the amount in controversy has been satisfied in the CAFA or any removal sense." ( MR, Att. 2, 7.) Nevertheless, when establishing whether the amount in controversy exceeds the jurisdictional threshold under CAFA, other courts have used the 25% benchmark when calculating attorneys' fees. See Jasso v. Money Mart Exp., Inc., No. 11-CV-5500 YGR, 2012 WL 699465 (N.D. Cal. March 1, 2012); Marshall v. G2 Secure Staff, LLC, No. 2:14-CV-04322-ODW, 2014 WL 3506608 (C.D. Cal. July 14, 2014). In light of the foregoing, the Court finds that using this benchmark is the most appropriate way to calculate attorneys' fees in order to establish the amount in controversy for jurisdictional purposes.
25% of $4, 274, 189.42, $1, 068, 547.36, which, when added to the previous figure, produces a total amount in controversy of $5, 342, 736.78. This exceeds the jurisdictional threshold for CAFA. Therefore, IBI is correct that "it is more likely than not' that, aggregated, the [drivers] seek an amount in excess of $5, 000, 000, as required by § 1332(d)(2)." Abrego Abrego, 443 F.3d at 689.
In light of the foregoing, the Court DENIES Plaintiffs' motion to remand.
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decided: January 29, 1986.
LEONARD ROBINSON, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT
Appeal from the Order of the Pennsylvania Board of Probation and Parole in case of Leonard Robinson, dated April 29, 1985.
Scott F. Breidenbach, Assistant Public Defender, for petitioner.
Arthur R. Thomas, Assistant Chief Counsel, with him, Robert A. Greevy, Chief Counsel, for respondent.
Judges MacPhail, Doyle and Barry, sitting as a panel of three. Opinion by Judge Doyle.
[ 94 Pa. Commw. Page 398]
This is an appeal by Leonard Robinson (Petitioner) from an order of the Pennsylvania Board of Probation and Parole (Board) denying Petitioner's request for administrative relief. On April 20, 1981 Petitioner was paroled from prison where he had been serving a term of three to ten years for robbery. On May 10, 1983 Petitioner was arrested by Philadelphia County authorities on charges of robbery, carrying firearms on a public street/place, aggravated assault, simple assault, possession of an instrument of crime,
[ 94 Pa. Commw. Page 399]
and recklessly endangering another person. On May 16, 1983 Petitioner was arrested by Philadelphia County authorities on charges of robbery, theft by unlawful taking, theft by receiving stolen property, aggravated assault, simple assault, recklessly endangering another person, carrying a firearm without a license, carrying a firearm on a public street/place, and possession of an instrument of crime.
On May 24, 1983 Petitioner waived his preliminary hearing with respect to the May 10, 1983 arrest and sought from the Board a continuance of his violation and revocation hearing relative to the May 10, 1983 charges. Said continuance was requested "pending disposition of criminal charges and sentencing, if convicted." Petitioner was found guilty of the May 10, 1983 charges on April 27, 1984 and sentenced on November 5, 1984. His Board hearing was held February 6, 1985.
With respect to the May 16, 1983 charges, Petitioner, on June 7, 1983, waived his preliminary hearing and sought a continuance of his Board hearing "pending disposition of criminal charges and sentencing, if convicted." Petitioner pled guilty only to the charge of robbery in connection with the May 16 incident; said plea was entered November 14, 1984. Sentencing was deferred. Petitioner's Board hearing relative to the May 16 charges was held February 6, 1985. Subsequent to the hearing the Board issued an order recommitting Petitioner to serve six years, seven months, and twenty-three days as a convicted and technical parole violator,*fn1 the balance of his original
[ 94 Pa. Commw. Page 400]
term. Petitioner's petition for administrative relief was denied and hence the instant appeal to this Court.
On appeal Petitioner presents three arguments for our consideration. We will address them seriatim keeping in mind that our scope of review of a Board order is limited to determining whether the Board's findings are supported by substantial evidence, are in accordance with the law, and whether Petitioner's constitutional rights have been violated. Krantz v. Pennsylvania Board of Probation and Parole, 86 Pa. Commonwealth Ct. 38, 483 A.2d 1044 (1984).
Petitioner first asserts that both his hearings were untimely. Specifically Petitioner asserts that his hearing relative to the May 10 charges should have been held within 120 days of the date he requested the continuance. His signed request, however, indicates that his continuance was to be granted until disposition of his criminal charges and sentencing. The date the Board officially received verification that those charges were in fact disposed of by sentencing triggers the beginning of the 120 day period. 37 Pa. Code § 74.4(2). Petitioner was transferred to the State Correctional Institution at Graterford November 8, 1984 and his hearing was held February 6, 1985, well within the 120 day period.*fn2
With respect to the May 16 charges, Petitioner argues that he requested a continuance until disposition of the criminal charges and that his hearing was held after he pled guilty but before he was sentenced. (Petitioner was finally sentenced on May 2, 1985 for the robbery conviction.) But, Petitioner never argued
[ 94 Pa. Commw. Page 401]
before the Board that his hearing was premature. Rather he maintained and continues to maintain that the Board, by holding the hearing prior to sentencing, nullified its continuance for all intents and purposes and hence that the continuance cannot be used to justify the fact that his hearing was held more than 120 days after the waiver of the preliminary hearing. First, Petitioner has presented no reason as to why the holding of the Board hearing subsequent to his conviction but prior to his sentencing has prejudiced him. Second, even if the Board acted improperly in holding the hearing before the sentencing, that would not nullify the continuance. It would only give Petitioner a basis to object to the prematurity of the hearing -- an objection he never made and does not make now. Accordingly, Petitioner has waived any complaint with respect to this matter.
Petitioner next contends that the Board order was not specific enough in reciting the evidence on which it relied in determining that Petitioner had violated technical parole conditions 5(b) (refrain from owning or possessing any firearm or other weapons) and 5(c) (refrain from assaultive behavior). Petitioner's Board hearing notices indicate that he was being charged with violations for both arrests here in question. The Board's adjudication and order states in pertinent part:
[ 94 Pa. Commw. Page 402]
While this adjudication could have been more specific and less confusing, it is apparent that the finding of violations of 5(b) and 5(c) together relates to the conviction on the May 10 charges which charges encompassed assaultive behavior and possession of a weapon, whereas the finding of a violation of 5(c) only relates to the conviction for robbery arising from the May 16 charges. This interpretation is logical because the definition of robbery encompasses assaultive behavior, but not use of a weapon. See 18 Pa. C.S. § 3701. Obviously Petitioner's convictions do provide substantial evidence to sustain the Board's findings. See Simpson v. Pennsylvania Board of Probation and Parole, 81 Pa. Commonwealth Ct. 432, 473 A.2d 753 (1984).
Finally, Petitioner asserts that the Board abused its discretion in recommitting him as a technical parole violator for twenty-four months, in excess of the applicable presumptive range (six to eighteen months) appearing in Board regulation 75.4, 37 Pa. Code § 75.4. We have previously held that the Board may recommit a parolee for a period beyond the presumptive range without abusing its discretion provided it cites aggravating circumstances to support its decision to do so. Krantz. The Board gave four reasons for imposing the additional time: (1) multiple convictions (2) multiple violations (3) on parole for robbery (4) use of weapon.
With respect to reason two, Petitioner is correct in his assertion that multiple technical parole violations itself can not be a basis for increasing the presumptive range because the six to eighteen months range is itself the range applicable to multiple violations. Moreover, the Board regulation 75.3, governing technical parole violations, provides, "[w]hen multiple violations occur, the presumptive range will be used which has the highest back time range of those conditions
[ 94 Pa. Commw. Page 403]
violated." As we read this rule it precludes the Board from imposing additional time beyond the presumptive range for multiple technical parole violations solely on the basis of the multiplicity of the technical parole violations. Cf. Corley v. Pennsylvania Board of Probation and Parole, 83 Pa. Commonwealth Ct. 529, 478 A.2d 146 (1984) (holding that the Board may in its discretion recommit for each separate criminal conviction, but that technical violations require aggregation).
With respect to the other three reasons cited by the Board, although these reasons satisfy the mandate of Krantz, we note that they relate directly to the new crimes for which Petitioner has been convicted. In a recent decision, Rivenbark v. Pennsylvania Board of Probation and Parole, Pa. , A.2d (No. 27 E.D. 1985), the Pennsylvania Supreme Court held that the Board is without power to recommit parolees for technical violations when those technical violations are based upon acts which constituted the new crime(s) of which a parolee was convicted. Thus, the Rivenbark Court remanded the matter to the Board for reconsideration of the parolee's period of recommitment. We must do the same.
Accordingly, the order of the Board is vacated and the case is remanded for reconsideration of Petitioner's period of recommitment in accordance with the holding in Rivenbark and this opinion.
Now, January 29, 1986, the order of the Pennsylvania Board of Probation and Parole in the above captioned matter is hereby vacated and the case is remanded to the Board for reconsideration of Petitioner's period of recommitment.
Jurisdiction relinquished.
Vacated and remanded.
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Abit KR7A-RAID KT266A Motherboard Review
Installation & Aesthetics
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The KR7A comes in a newly designed box from Abit, which was first seen with their KG7 motherboard. The box is red, black and white and is sure to stand out on any retailer's shelves. Inside the box was two IDE cables, one floppy cable, a detailed user manual, a driver CD, a driver diskette for the Highpoint HPT372 controller and a USB bracket that enables two extra USB ports. Abit also includes a free copy of Norton Antivirus 2002 with the KR7A.
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The KR7A features a slot layout of 1 AGP, 6 PCI and 4 DIMM slots. An important thing to note is that Abit has decided not to include any ISA, CNR or AMR slots with the KR7A. This is a smart decision as not many people have hardware that require these slots anymore and they just take up space on the motherboard that can be used for other things. In the case of the KR7A, 6 PCI slots and an extra DIMM slot were included, which is something that you rarely see on motherboards.
The ATX power header has been smartly placed in between the DIMM slots and the CPU socket. This is a great position for the power header because unlike previous board layouts, you do not need to run the thick power cable over your heatsink/fan unit, restricting airflow. The IDE and Floppy connectors are also smartly placed; allowing easy installation of drives once the board has been installed into your PC.
There is plenty of room around the CPU socket for any exotic heatsink/fan unit you may have. I was able to install my rather large Globalwin CAK38 onto the board without any trouble. Another thing to note is that the KR7A features a rather long temperature sensor in the center of the socket. This long sensor ensures your temperature readings will always be accurate because the sensor is touching the bottom of the CPU.
Overall the layout of the KR7A was great. I did however, have one complaint about it. Due to the placement of the CPU socket, when a heatsink is installed it's clip sits right next to the power supply unit, making it quite difficult to install/uninstall your heastsink. Other than that, I'd like to give Abit a pat on the back for a great layout.
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This gorgeous sky blue, floral maxi skirt features a higher waisted, tailored band at front, zip at side & elasticised at back splits in sides to above knee lovely, light fabric


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Before and After: Stripes!
>> Tuesday, January 18, 2011
When you enter our apartment, you enter a hallway that serves as an artery to all of the other spaces. At first I thought it was wasted space, but over time I have realized that this space is awesome. It's a contained area to shed boots, coats, hats, etc. so that the New England winter, and all it's glory, does not have to make it's way into my living room, on my sofa, and all over my dining table. It's also my first impression room and other than a couple of coat hooks and some framed calender pages, it was pretty boring.
Note: I would not actually recommend horizontal stripes on old plaster walls to any of my clients. It definitely reveals every bulge and imperfection, which I knew going into it and was ok with. But I'm a little more particular with clients than I am my own house, which, to my husband great joy, I refer to as my test lab. All 700 sf of it.


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**Guide Price £375,000-£395,000** Superb spacious extended four bedroom converted farmhouse benefiting from stylish interior throughout, en-suite shower room, family bathroom, lounge, dining room and playroom. Also having off road parking for three cars, garage, generously sized rear garden, uPVC...
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Residing on a substantial corner plot with stunning views to the rear and side is this four bedroom detached property benefiting from upgraded en-suite shower room, lounge, dining room and kitchen with underfloor heating and upgraded downstairs WC. Also having uPVC double glazing, gas central hea...
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Dolce Designs specializes in: dessert tables, sweet tables, candy buffets, party styling Houston, candy buffets Houston, children's parties, children's candy tables, adult parties, dessert tables Houston, wedding dessert tables, wedding dessert tables Houston, party styling, wedding cakes Houston, wedding dessert bar, dessert bars, candy bars, dessert bar Houston, wedding dessert bar Houston, cakes Katy, wedding cakes Katy, birthday cakes Katy, naked cakes Houston, wedding naked cakes Houston, event planner Katy, party stylist Katy, children's parties Katy, children's parties Houston, corporate events Katy, corporate events Houston, holiday parties Houston, holiday
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Dessert Tables Hou Our designs can be any theme and can include decorations, florals, candy buffet, backdrop, balloons, favors, centerpieces, custom paperie, linens and anything you desire to create an awe inspiring dessert table. We also do event and party styling and go beyond just desserts. Dolce Designs is a one stop shop for all your event needs! Our designs can be seen featured in the best party blogs and magazines.


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Too shitty of a picture to be able to identify that.
I can't see her well.
sorry but its hard to tell because the pic is kinda blurry
picture is way to blurry
No because this is not a good picture.
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Author Topic: With phones, digital radio, tv etc, will we run out of useable frequencies? (Read 6186 times)
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The average cost for a Oil Pan Reseal - Engine is between $574 and $723. Labor costs are estimated between $510 and $644 while parts are priced between $64 and $79. Get a personalized estimate based on your location and specific car. Estimate does not include taxes and fees.
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The CamelBak Antidote 3L Water Reservoir helps you stay hydrated without having to carry a bulky pack. Easy to insert in a hydration-compatible pack or bag, the reservoir features a convenient bite valve and can be accessorized with Quick Link™ System components from CamelBak.
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James David Lofton (born July 5, 1956 at Fort Ord, Monterey County, California) is a former American football player and coach. He is a former American football coach for the San Diego Chargers but is best known for his years in the National Football League as a wide receiver for the Green Bay Packers (-), Los Angeles Raiders (-), the Buffalo Bills (-), Los Angeles Rams (1993) and Philadelphia Eagles (1993). He was also the NCAA champion in the long jump in 1978 while attending Stanford University. He is a member of the Pro Football Hall of Fame. Lofton prepped at George Washington High School in Los Angeles, California where he played quarterback and safety. Lofton won the long jump at the 1978 NCAA Track and Field Championships with a wind-aided jump of 26 feet 11 inches. He won the long jump at the 1974 CIF California State Meet with a jump of 24 feet 3 inches after placing sixth in this meet the year before.
Contributions by Phbasketball6, Trackinfo, and Jwalte04.


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JACKSON, TENNESSEE -- We bought a Serta mattress from the Sears store here in Jackson, TN on Oct 19th 2011. We were told it would be delivered to our home on Thursday Oct 27th and that we would get a phone call telling us what time. My husband received the call stating it would be between 2:30-4:30 that afternoon. He made arrangements to be home an hour and a half before the earliest delivery time. Our daughter who is 22 called her father at 12:45 telling him they were already there.
She gave her phone to the delivery man and my husband asked they wait 10 minutes for him to get there. They refused. They came in on my daughter who was home alone, trying to go to work and had to call and tell her employer she would be late. They did not bring the bed frame but told my husband they would bring it tomorrow.
He told them no and to wait because he didn't want anyone to sign something he didn't see in case it stated they did deliver the frame and we didn't get it. That's exactly what happened. We didn't even get a copy of it but Sears (although they have been nice about this) states the frame was on the truck and shows it was delivered. My husband who NEVER gets mad is so angry he doesn't know what to do.
I am angry because these men walked in on my daughter without permission, scared her, would not listen to instruction and then they lied on top of everything else. We still don't have our bed frame today and was told it would now be tomorrow.
We were told we would be compensated by being given free shipping. We were supposed to have free shipping anyway. You can't compensate for scaring my daughter. I understand these delivery guys are sub contractors and not employed by Sears but I can tell you one thing... I work in commercial insurance. They are supposed to have some liability insurance as a sub contractor and should be background checked before they are allowed to visit peoples homes. SHAME on Sears. This is so unacceptable!!!
PALMDALE, CALIFORNIA -- We purchased a mattress and box spring set at Sears in Palmdale, CA. The store itself was alright, but the delivery and customer "after care" was horrific. The guys they sent to my home to deliver the products did not speak any English and showed up with hands covered in some sort of black substance. I asked them to wash their hands and even went so far as to provide them a sink, soap and a fresh towel (which had to be trashed after). They put in the box springs and as they were lowering the mattress I saw greasy hand prints all over the bottom and sides of my new $3K bed.
I said "stop... look at that grease and dirt on my purchase, that is disgusting and will invalidate my warranty". The guys, who did not 'speak English' said "oh no, only piss or blood on the top will invalidate warranty, it's no problem". I said it was a problem and I'd like to see the delivery manifest. I asked them to step outside my home, wrote comments on the manifest and took a photocopy, refused to sign for the delivery and called Sears.
Sears said "yes that does invalidate your warranty, we will replace both box springs and the mattress". A week later another truck shows up, with one box spring. We are waiting on two new box springs and a new mattress tomorrow, God help us! This is the very last time I spend my hard earned money at this establishment.
Note: Sears will not provide the name of the delivery company. Sears will not provide the name or ID of the delivery people. How safe do you really feel shopping with a store and having your wife alone at home accepting products in your home from strangers, a group of unidentified men in this day and age? Sears does not care about its customers. Sears does not care about the safety of its female customers in their homes, and they will never receive our business again.
Note 2: The (800) Sears service call center provide incorrect phone numbers when asked for a complaints department. They claim to be running some sort of contest on their sales receipts and they provide you with a web site to give feedback. The only way to actually get the right number is to put "Extremely Dissatisfied" as your survey responses. The number listed is the "Sears National Customer Relations Center", but the guy I talked to tonight (Solomon) Unit # ** said that this department name has not been used for over three (3) years. Sears...you really do suck!
Dear 147657:
My name is Susan and I'm part of the Sears Cares Team. I found your post here and wanted to reach out to you and offer assistance. I am very sorry about the problems you are having getting your mattress and box springs delivered. I can definitely understand the frustration you must be feeling over this situation. We are a single point of contact for escalated concerns which means we step into a situation and handle it start to finish with one Case Manager. At your convenience, please send us an email to our office at firstname.lastname@example.com. In the email, please provide a contact phone number and we will call you directly. Also, in your email please provide the screen name (147657) for reference to your issue and we do look forward to talking to you soon.
Thank you,
Susan R.
Sears Cares Team
NEW HAMPSHIRE -- SEARS LIAR!!! LIAR!!! LIAR. I am so disappointed in Sears warranty and customers service. I could not imagine that can happen in a country like CANADA!!! Where are the law makers and police to catch all these LIARS who rob innocent people in a very VERY MODERN WAY...
My story is very simple and straight I bought a high end Mattress just thinking that sleep is the most important thing in our lives to get yourself ready for the next day and I paid through my mouth and nose to buy that Mattress and salesman (LIAR A BIG LAIR) told me that this mattress has 10 or 20 years warranty if it sags or bulge or anything goes wrong with the mattress. After buying that mattress in 4 months it has started Bulging and sagging from the sides. I GOT BACKACHE FIRST TIME IN MY LIFE...
I called Sears customers service (MOST ILL MANNERED SERVICE REPS... THEY JUST DON'T ABUSE YOU otherwise say everything just to force you to end up the call)... anyway according to their report mattress doesn't have 2 inch depression so they can't do anythingCAN YOU BEAT THAT... I'M HAVING BACK PAIN BECAUSE OF THE MATTRESS and any blind person can tell you that mattress is sagging and bulging and has dents on both sides of the mattress... I mean that's a limit... then they simply refuse to change or repair the mattress NO MATTER HOW BAD BACKACHE I HAVE!!!
My wife has stopped sleeping on that bed and sleeps on 2 inch mattress on floor because of the pain... that's sooo outrageous... I belong to India (A third world developing country) but sorry to say EVEN THAT DOESN'T HAPPEN THERE... THERE IS NO HONESTY IN SEARS PEOPLE. THEY ARE SIMPLY LIARS... NEVER purchase anything from them... so disappointed.
Dear 143619:
My name is Susan and I'm part of the Sears Cares Team. I found your post here and wanted to reach out to you and offer assistance. I am very sorry about the problems you were having with the sagging of your mattress. I can definitely understand the frustration you must be feeling over this situation. We are a single point of contact for escalated concerns which means we step into a situation and handle it start to finish with one Case Manager. At your convenience, please send us an email to our office at email@example.com. In the email, please provide a contact phone number and we will call you directly. Also, in your email please provide the screen name (146319) for reference to your issue and we do look forward to talking to you soon.
Thank you,
Susan R.
Sears Cares Team
TULSA, OKLAHOMA -- I purchased a Sealy box spring and mattress set from Sears which cost, on sale, over $ 850.00. After less than 18 months it began to sag in the middle, making a V. I called about the warranty. WHAT A JOKE!!!! They sent out an adjuster who spent the total of 1 minute checking it over. Next day I get a call telling me they will not cover the warranty because there is a small stain on the mattress, which I might add is no where near where it sags and was caused by the delivery men when they set the mattress set up. So I will never never never step foot into a Sears store again to purchase so much as a toothbrush.
We apologize for failing to meet your expectations with your mattress. We can understand the inconvenience this causes with your time and money. My name is Liz and I am a member of the Sears Social Media Support team. I saw your post and wanted to offer our assistance. If you would allow us the opportunity, we would very much like to connect you with a dedicated case manager to further discuss options and see what can be done to make things right. At your convenience please contact our office via email at firstname.lastname@example.com so you don't have to be upset by this any longer. In the email please provide the best contact phone number or the number to which the mattress was purchased under (if different than the contact phone number) and we will call you directly. In addition, please include your screen name (datune) in the email for reference to your issue. Again, we're sorry for any trouble we have caused and we hope to talk to you soon.
Thank you,
Liz R.
Social Media Moderator
Sears Social Media Support
BREA, CALIFORNIA -- I will never again buy so much as a sock from this company!!! This store by far is the most dreadful of this low end chain I have yet had the displeasure to deal with!!!!! I purchased a $1500 mattress set on 5/31 and was promised delivery on 6/3. The actual delivery was on 6/13. They promised the box springs were free with the purchase of the mattress... Actual cost of king box spring set $400.
The display mattress was ideal, but the actual bed was the most dreadful piece of crap! It felt like I was sleeping on a cement block. I slept one night on it and called to try to fix the situation the next morning. Customer service gets an f- as well. Nobody at this store claims they know a thing about mattresses and the store manager himself claimed he had no authority and asked me to drive all the way back so he could.
CHICAGO, ILLINOIS -- I purchased a queen mattress set and a full mattress set from Sears. The Delivery date was February 19, 2013 and paid for them to haul away the old mattresses. When they arrived I informed the driver that they were to haul away the old mattresses. He informed me that it wasn't on the sheet and that they don't haul away old mattresses. I informed him that oh yes it is, I paid for this service, if there wasn't any haul away service then I would have gone some place else and purchased my mattresses.
He then stated I will look on the sheet when I go back down stairs. He bought the sheet upstairs and stated that it was on the sheet to haul away the old mattresses. He then started to tell me that the reason that he couldn't haul the mattresses away was because there was a man who worked at the warehouse and broke all out and that it was discovered that he had been bitten by bed bugs and that this was a insurance matter.
I informed the driver "what am I supposed to do with the old mattresses?" He then stated that "we will take them to the alley." I informed him that wasn't what I paid for.
FLAGSTAFF, ARIZONA -- The first purchase I have ever attempted to make at Sears was a mattress and box springs. The lady who helped me ** was knowledgeable and helpful. She told me my mattress would be delivered the following week. Today is the day the mattress was supposed to be delivered. I had not heard from anyone. A call to customer service came up with a guy who could barely speak English, told me it would be delivered in another week, and when I asked to speak to a manager, he put me on hold for 15 minutes. He then told me there was no manager to speak to. I called my local Flagstaff AZ Sears.
The manager said she would look into it. I had not heard back from her so I went to the store where she was rude and confrontational. She said that the delivery date I was given didn't mean anything and I would only hear from Sears if they were going to deliver the mattress. She called me later to say they didn't know if the mattress was in stock in their warehouse and therefore had no idea when it would be delivered. In the meantime, Sears has already charged my credit card for a mattress they don't even know if they have. I have cancelled my order and will get my money back.
CERRITOS, CALIFORNIA -- Bought a queen size bed from Sears 1 years ago. Since then I have returned two because they sagged in the area in which my wife and I sleep in only a 4 month time. Now Sears is running me around through a third party to see if I can now get my money back. This mattress I was told carried a 10 year warranty. When calling in this third party inspection, I received two different stories from Sears Customer support personal. One said I could just go into Sears and pick out a replacement. They would deliver the new selected mattress and pick up the damaged mattress and return it to the manufacture.
The second person said I had to go through this third party which requires me to call it in and wait from what I can tell a this point 3 days for them to set up the appointment to look at the bed. Who knows how long before the decision is made whether I get my refund.
FREEHOLD, NEW JERSEY -- Sears Home Delivery was just at my house to deliver a queen box spring and mattress set. They "attempted" to get the box spring up the stairs and LITERALLY after 5 seconds gave up, and didn't try any more. They said it "wouldn't fit" and I'd need to get a double box spring instead. I live in a townhouse with hundreds of other identical houses around. Everyone around here I've spoken to said their queen box springs fit up their stair case. It just takes a little effort. I'm extremely pissed off that I paid $70 and they didn't even try to get my mattress up the stairs. Now I have a box spring sitting in my living room and a mattress sitting in the way in my bedroom.
Don't ever buy a mattress from Sears. I spent over $850.00 on a queen Serta Perfect Sleeper Elite Ocean Whisper in September 2010. Within weeks, the mattress sagged in the middle forming a V. The local Sears gave me an 800 number to call. After several phone calls, emailed pictures, and a discussion with a manager, Sears agreed to send a second mattress. They even agreed to waive the $70.00 delivery charge. The second mattress (brand new) arrived one week ago. It is even worse!
After one week, it sags and forms a V down the center. I called Sears today. They refuse to waive the $70.00 delivery charge. They refuse to refund my money. They care little about their service, their customers, or their products. The manager explained that my warranty starts in September - when I originally purchased the mattress. So, even though my mattress is only one week old, they only acknowledge the original September 2010 purchase date. No returns. No service. Please don't make the same mistake. Sears cares little about customer satisfaction.


text:
163 comments found.
Could you tell me how to add different background images to different pages? I have created custom page templates already if needed to be done that way.
please send us example link to page where you would like to change background images so we can have a look on it.
Thanks for reply. The development URL is http://dev.truewealthfinance.com.au/
I would like to have different background images (behind semi transparent navigation ) on different pages such as About Us, Services, etc which are all pages.
We can see you set this background for html and because it's set for html, it won't be possible to set different header backgrounds for different pages.
I added the background image through wp-admin -> Appearance -> Kora Theme Options -> Layout -> Body Background Image. Is that suppose to be dynamically set? I don't believe I've added the background image in html hard code if that's what you mean.
Yes, this is it but like we wrote above, it's not possible to set different backgrounds per different pages unfortunately.
You said "I set this background for html and because it's set for html, it won't be possible". Is there another way that's not html them???
You can try to set it up for the Wrapper and then it might be possible to set different backgrounds per pages. To do this, you need to use something like:
.page-id-xxx #Wrapper { background-image: url('path-to-image') !important; }
where xxx is page ID.
Thanks for reply again, but I want the client to do this via the backend himself not hard code. I could have done this myself by creating different page templates and adding css code as well. Is there an alternate you can think of where it could be done by the wp-admin without the knowledge of html and ftp? After all it's meant to be CMS. Thanks
No, there is nothing else what you could do to use different header backgrounds per different pages. And yes, we agree that it is CMS but you are asking us for something what wasn't never included and nothing like that wasn't presented on demo as well. If something is included into theme, it's always presented on demo site.
Hi there, Great theme. Just have an issue with the single product page when using woo commerce 2.6.4. When I go to the single product page, the content appears to be on the left with a two inch gap tween the end of the page content. How do I close this gap and make the content of this page be full width. Its as there there is a place holder for a side bar, but i've got this set to full with via page settings.
Hope this makes sense.
please send us link to page where you got this gap first so we can have a look on it.
Where do i have to enter the Google Maps – API Key ?
Google Maps API key can be set under Theme options > Getting started > Advanced section.


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Add some color under your tree with this red burlap tree skirt. This skirt measures 60" in diameter and is the perfect addition to your holiday d_cor!
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In the last 90 days, 7 listings have been listed, which means office spaces are probably leasing quickly. You'll want to be prepared to tour spaces as quick as possible. There aren't many listings below 2,000 square feet on the market, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around 1,350 sqft. Most properties in this area are approximately 1 stories. Most buildings in this area were built in 0 and are Class B.
Trends and status of the commercial real estate market in Wesley Chapel.
Market Report
Real time and historical data on commercial real estate listings in Wesley Chapel.


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Thomas Graham
Position: G
6-3, 210lb (190cm, 95kg)
August 14, 1909
in Omagh, Ireland
Died:August 1961
Weighted Career AV (100-95-...): 0 (15060th overall since 1960)
High School:
Alhambra (CA)
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The Flipped Classroom: The Full picture is not about watching videos as homework.
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Ra's curator insight, November 10, 2015 3:46 PM
Jackie G quick and useful explanation to share with teachers' thinking about how to develop their curriculum development and student engagement methods.
LizJardim's curator insight, May 22, 4:08 PM
The flipped classroom looks like a great way to teach, engage learners & allow students to self-pace their learning.


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Home » Business Services » Building, Moving & Removals » Wooden floors, Epoxy and Granite tops » Ad ID: 26298
Wooden floors, Epoxy and Granite tops
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We do supply, installations, repairs, sanding and sealing on all types of Solid Wooden floors, Wooden Decking, Laminated Wooden floors and Epoxy floor Coatings.
Built in Cupboards, Granite tops, Marble and Ceaser stone Kitchen tops, Bar tops and steps.
Lameck on 072 613 4334
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Belieber! Fame, Faith, And The Heart Of Justin Bieber - An exploration of the busy intersection of spirituality and pop culture, taking the pulse of a generation by looking at the faith of one of its idols - Justin Bieber. Behind the spotlight is a teenage boy grounded by a humble faith in Jesus Christ. Listening to the voice of a generation, this book explores the soul and soulful faith behind the famous hair and screaming fans.
Author: Cathleen Falsani
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Date: 1901
Description: Souvenir playing card out of a full deck from the Pan-American Exposition. The Queen of Hearts displays a drawing of the "Service Building", a large castle...
Date: 1936
Description: Wisconsin campaign pin for Franklin Delano Roosevelt and John Nance Garner's 1936 run. It reads "Roosevelt Garner Club, Wisconsin."
Description: Campaign button for Franklin Delano Roosevelt, with Roosevelt's image at the center and the phrase "Carry on with Roosevelt" around the outer edge.
Date: 1901 ca.
Description: Five photographs are mounted on an album page which is decorated with a painting of a honeysuckle sprig. In the photograph at top left, Frank, age three, S...
Date: 1904-09-08
Description: Menu for 10 p.m., imprinted on pink silk lace-trimmed pants with a green ribbon waistband: Extra Dry Pommery and Greno, Lobsters, Crabs, Bananas, Nuts.
Date: 1968
Description: The blue, red and black bumper sticker for George Wallace reads: "Wallace in '68."
Description: Souvenir playing card out of a full deck from the Pan-American Exposition. The Two of Spades displays a drawing of the "Dairy building", a large ornate bar...
Date: 1927-11-22
Description: Souvenir envelope mailed by John A. Lester on the flight that inaugurated air mail service between Madison and Minneapolis in 1927. Madison's first incomin...
Date: 1948 ca.
Description: Small button tag on a string promoting "Republican, General Douglas MacArthur for President."
Date: 1972 ca.
Description: Mission patch design for Apollo 13. This patch was worn by Commander James A. Lovell, Jr., formerly of Milwaukee; John L. Swigert, Jr.; and Fred W Haise,...
Date: 1950 ca.
Description: Joy Camps logo patch.
Date: 1964
Description: A card with the title: "Presidential Campaign Buttons-1964 Goldwater-Miller. Includes 26 buttons, all with the same portraits of Goldwater-Miller, along wi...
Date: 1917 before
Description: An album page, decorated with hand-painted sweet pea flowers, includes six mounted photographic prints. Enoch B. Fargo (1821-1892), is at top left, and his...
Date: 1900 ca.
Description: View from the heel of a pair of dark brown leather moccasins beaded in yellow, pink, green and white floral and plant designs. The moccasins were created a...
Description: Souvenir playing card out of a full deck from the Pan-American Exposition. This card is the Joker, it features a black and white official logo for the Pan-...
Date: 1961-08-26
Description: A ticket for the 12th Annual Midwest Shrine Game between the Green Bay Packers and the Chicago Bears. The game, which took place at Milwaukee County Stadiu...
Date: 1972
Description: Framed assortment of political campaign buttons for Richard Nixon and running mate Spiro Agnew, and George McGovern and running mate Sargent Shriver. The c...
Description: Bumper sticker with the slogan "No More Shopping Days 'Til PEACE," published by Women for a Peaceful Christmas.
Description: Souvenir playing card out of a full deck from the Pan-American Exposition. The Two of Clubs displays a drawing of "The Johnstown Flood", a castle like buil...
Date: 1931
Description: Back side of a coin made for International Harvester to celebrate the "Reaper Centennial." The event commemorated the one hundred year anniversary of the t...
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...in the outer opening of the ear. The conversion of electrical to acoustical signals is effected by any of the devices used in larger loudspeakers; the highest fidelity is provided by the so-called dynamic earphone, which ordinarily is made part of a headphone and equipped with a cushion to isolate the ears from other sound sources.


text:
If you've ever trained for a marathon while sticking to a diet of double cheeseburgers and fries, you'll know that the results are not pretty. Good nutrition is one of the primary building blocks of good health and physical performance, but packing your diet with the right foods can be tall order for those of us who don't always have chia, maca, chlorella and ten different kinds of greens on hand.
Like many brilliant ideas, Vega has humble beginnings in a basement of Brendan Brazier's Vancouver home. A lifelong Canadian athlete and ironman competitor, Brazier set out on a mission to make clean, healthy, vegan eating easy and convenient. Firmly believing that a nutritionally dense, vegan diet is the key to good health and peak physical performance, Brazier formulated his most popular product, Vega One.
Today Vega has become a recognizable name among athletes, vegans and even non-vegans trying to give their bodies the nutrients they need. The company sells its products through several online sources, such as Well.ca, Vitamart.ca, Vitasave.ca, Amazon and SupplementsCanada.com. Vega also runs their own online store at Shopca.Myvega.com. There you can find wide selection of Vega's most popular products, including discounted bundles for those looking to buy Vega products in bulk.
With so many options out there when it comes to nutritional supplements, you'd be right to ask what makes Vega so special. The company's website Myvega.com makes a pretty good case for its nutritional products and supplements:
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For a complete list of Vega features and benefits, be sure to read more on Myvega.com.
If you're already several months into your healthy lifestyle with the health of Vega products, you've probably figured out that the costs can add up faster than you can say "beach body". And while the nutritional benefits may be impressive, the high prices of the bars, shakes and nutritional supplements are just begging for a good deal. Thankfully, the good people at Vega know how much Canadians love a good deal and have dedicated a whole section to discounted merchandise on Shopca.Myvega.com.
Most of the deep discounts you'll find on the Vega eStore will apply mainly to the supplement bundles. Meaning, don't expect a huge bargain on a single tub of protein powder. However, if you've used Vega products in the past and know you will be purchasing more than just one canister, the Vega bundles can be a great way to save on your purchase.
In addition to the deals you'll find at the Vega eStore, you would be remiss not to check Dealguild.com for the latest Canadian Vega coupon codes and promotional offers. Ranging from free shipping to substantial percentages off, this page might just be the easiest way to save money on your Vega products. Previous Vega deals we've posted have included:
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If your deal is marked as an online coupon, redeeming it requires a few extra steps. Click on the deal and copy the revealed coupon code. Once you've got your code, start shopping the Vega eStore for your favourite products. Clicking "Buy Now" will automatically open your shopping cart where you can review your order and paste your coupon code into the "Discount Codes" field under your item list. Click "Apply Coupon". If you're not done shopping, your coupon will still be applied to every consecutive item you add to your shopping cart!
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Vega (Head Office)
101-3001 Wayburne
Drive Burnaby, BC,
Tel: 1-866-839-8863


text:
How Baba Ramdev has bent the marketing rule-book
A slew of imitators ranging from Sri Sri Ravi Shankar to Ram Rahim are attempting to jump onto the consumer products bandwagon.
Despite being bent at extreme angles, 3D printed structures can 'remember' their original shapes
Within few seconds of heating, the structure...
Swiss HSBC account holders bent on cross-examining persons who shared their information with India
Several HSBC accountholders in their appea...
West Indies board slams Darren Sammy's 'inappropriate' remarks
The bitter divisions in Caribbean cricket were laid bare yesterday when the West Indian players, led by an emotional Sammy, hit out at the WICB for not supporting them.
Disrespect from our own cricket board was out of order: Darren Sammy
"When you see those 15 men out there play now, that's what we could talk about. It is solely dedicated to the people and fans all over the world," he added.
Clash against India is like David vs Goliath: Darren Sammy
Darren Sammy has no qualms in conceding that India would be odds-on favourites in tomorrow's World Twenty20 semifinal clash.
We showed that it's not one man show for us: Darren Sammy
Gayle pulled his hamstring while fielding and did not bat in West Indies' chase. Fletcher opened the innings and played a gem of a knock to lead his side to win.
Australia coach Darren Lehmann predicts exciting series against "aggressive" India
The five-ODI and three-T20 series begins on January 12 and Australia, who have enjoyed wins against West Indies are keen to get going against India.
Contract row behind, Darren Sammy eyes World Twenty20 title for West Indies fans
Sammy said the Caribbean cricketers are doing their best and following in the footsteps of their former heroes, who dominated world cricket.
Cricketer Darren Sammy eager to play in charity game
West Indies Twenty20 captain Darren Sammy says he is looking forward to participating to the Dominica Relief celebrity charity game set for Saturday in Barbados.
Australia's coach Darren Lehmann apologises for Ashes defeat
Australia's coach Darren Lehmann took responsibility Wednesday for the crushing Ashes defeat to England, saying that his players were desperate to make amends.
Ashes to dust: Darren L seeks Dr. D's advice
Dear Dr. D, Twitteratti began asking if I should be celebrating when what I ought to really do was mourn. How do I communicate this to them?
Brad Haddin omission hardest decision of my career: Darren Lehmann
Haddin asked to be stood down for the second test at Lord's because his daughter was sick and was not recalled for the match at Edgbaston.
Amy Adams marries Darren Le Gallo
The couple were married in a small intimate ceremony over the weekend in California. The bride wore Marchesa.
Why Australian coach Darren Lehmann has a plenty of positives
Lehmann's coaching mantra will be to train them hard but keep the mood positive. And prove at Lord's that Cardiff was just the "minor hiccup" he has described it as.


text:
The National Media Has Been Instructed By the DNC Not to Count Superdelegates, So Why Have They Refused?
Whatever one thinks of Debbie Wasserman Schultz, the Chair of the Democratic National Committee, we can all agree on one thing: there is no greater authority on the topic of so-called "super-delegates" to the Democratic National Convention (an event Wasserman Schultz runs) than Wasserman Schultz herself.
And Wasserman Schultz has been clear, as evident from the video above, that the national news media must stop tallying and reporting "super-delegates" immediately.
"The way the media is reporting this is incorrect," Wasserman Schultz told Rachel Maddow of MSNBC on February 20th. "There are not pledged delegates -- or 'super-delegates' -- earned at any of these caucus contests."
She went on to note that super-delegates are "free to decide [who to vote for] anytime up until July," and can change their mind at any time -- one reason they can't be reported as being conclusively attached to any particular candidate. "So combining them [the voted-on or 'earned' delegates and the super-delegates] at each phase of this contest is not an accurate picture of how this works," she said.
"It's really important to report these [super-delegates] in a completely different way," she added, in the event her repeated admonitions on the topic had been unclear.
Yet the morning after Super Tuesday, CNN ran the inaccurate graphic below as a splash headline at the top of its homepage:
In truth, Clinton leads Sanders in earned delegates by a count of 587 to 397 -- a significantly different margin, considering that Clinton needs a whopping 2,383 delegates to become the Democratic nominee for President.
At present she is less than a quarter of the way to that goal.
Now, usually I write articles that ask questions and seek to answer them. Here, I can't do that -- as in this instance the thinking of CNN and other news organizations that have publicly committed themselves to objectivity and impartiality is beyond me.
If the Democratic Party wants a democratic nominating process, it should send a letter to CNN and other news outlets demanding that they not misreport the results of the Democratic Party's primaries and caucuses. To the extent Debbie Wasserman Schultz doesn't do that, she advances the narrative that she's in the bag for Clinton.
And to the extent Democrats themselves fail to complain to CNN and other news outlets, they are part of the problem, too. Clinton supporters may see this as Sanders' fight, not theirs, but in fact Clinton knows far better than most how super-delegates can tilt a race away from the popular vote in each state, having experienced this herself in 2008. If Hillary cares about fairness, she too -- along with her supporters -- will demand that the media stop (in view of repeated requests) misreporting the news.
Seth Abramson is the Series Editor for Best American Experimental Writing (Wesleyan University) and the author, most recently, of DATA (BlazeVOX, 2016).
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discussed in biography
...noticeable in Peasants Returning from Market, with its rich colour and beautiful creamy pastel shades. The influence of Rubens is also apparent in The Harvest Wagon in the fluency of the drawing and the scale of the great beech trees so different from the stubby oaks of Suffolk. The idyllic scene is a perfect blend of the real and the...


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decided: September 11, 1969.
COMMONWEALTHv.ANDERSON, APPELLANT
Appeal from order of Criminal Courts of Chester County, Sept. T., 1966, No. 499, in case of Commonwealth of Pennsylvania v. Charles E. Anderson.
William J. Gallagher, for appellant.
William Butler, 4th, Assistant District Attorney, and Norman J. Pine, District Attorney, for Commonwealth, appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Spaulding, J. Hoffman and Cercone, JJ., join in this dissenting opinion.
[ 215 Pa. Super. Page 148]
Order affirmed.
Order affirmed.
Dissenting Opinion by Spaulding, J.:
I respectfully dissent.
In February 1967 appellant Charles E. Anderson was convicted by a jury of assault with intent to kill and violation of the Uniform Firearms Act. At trial, neither defense counsel nor the Commonwealth requested stenographic recording of the notes of testimony and no record of the trial exists. This appeal is to determine whether the failure of appellant's trial counsel to request that the testimony at appellant's trial be recorded amounts to ineffective representation.
In the court below, appellant presented a post-conviction petition in which he contended (1) he had been denied the right to appeal and (2) the failure of counsel to request notes was constitutionally ineffective assistance. The court held against appellant on the ineffective representation claim but granted the right to file post-trial motions nunc pro tunc after finding a denial of the right to appeal. Appellant contends that the court erred in not granting relief in the form of a new trial.
The right of a criminal defendant to have the trial proceedings stenographically reported is provided in the Act of May 5, 1911, P. L. 161, 17 P.S. § 1802. The Commonwealth, in asserting that the failure to transcribe the testimony does not entitle appellant to a new trial, relies upon Commonwealth ex rel. Turk v. Ashe, 167 Pa. Superior Ct. 323, 74 A.2d 656 (1950), which holds that under the Act of 1911 failure to request
[ 215 Pa. Super. Page 149]
stenographic reporting constitutes a waiver of the statutory right.
This reliance is misplaced. A finding of "waiver" is merely a conclusion reached by application of the prevailing legal standards to the particular facts of the case at hand.*fn* In the instant case, the record is barren of any suggestion that the appellant participated in the decision not to request notes. Accordingly, if the right is one requiring personal participation of the accused, no waiver exists. However, for the purpose of evaluating appellant's ineffectiveness claim it is assumed, arguendo, that the right may be waived through the independent action of trial counsel. Compare Commonwealth v. Snyder, supra (binding effect of counsel's failure to make contemporaneous objection) and Commonwealth v. Garrett, 425 Pa. 594, 229 A.2d 922 (1967) (binding effect of counsel's decision not to challenge admission of confession) with Commonwealth ex rel. West v. Rundle, 428 Pa. 102, 237 A.2d 196 (1968) (personal participation required in entry of guilty plea) and Commonwealth v. Peake, supra (personal participation required in waiver of direct
[ 215 Pa. Super. Page 150]
appeal). Given this assumption, appellant cannot be held to have waived his right to have testimony recorded if counsel's failure to request it is constitutionally ineffective representation.
In Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967), the landmark Pennsylvania decision on ineffective assistance of counsel, the appellant contended, inter alia, that he was denied effective assistance because of his counsel's failure to object to the admission into evidence of an allegedly coerced confession. The Court, having found no reasonable basis for failure to object, deemed the assistance constitutionally ineffective and awarded a new trial.
Significantly, in both Commonwealth v. Garrett, supra, and Commonwealth v. Baity, 428 Pa. 306, 237 A.2d 172 (1968), the Court held that a decision made by counsel without the participation of his client not to litigate the admissibility of a confession constituted a waiver barring further litigation of the issue binding on the client.
Given Garrett and Baity, the grant of a new trial in Washington implicitly rests upon the view that when counsel's failure to assert a right amounts to constitutionally ineffective representation, the client is not bound by what, in the absence of ineffective representation, would be a waiver. Accord, Commonwealth ex rel. McKenna v. Cavell, 423 Pa. 387, 224 A.2d 616 (1966).
Thus, the existence of the waiver asserted by the Commonwealth rests upon whether appellant was given constitutionally effective representation. The standard for this determination is enunciated in Commonwealth ex rel. Washington v. Maroney, supra : "[C]counsel's assistance is deemed constitutionally effective once [the Court] is able to conclude that the particular course
[ 215 Pa. Super. Page 151]
chosen by counsel had some reasonable basis designed to effectuate his client's interests." Id., at 604 (emphasis original.)
Notes of testimony are essential for post-trial or appellate review. Without a record, no reviewing court can determine whether trial errors were committed or whether the evidence supported the verdict. Consequently, as it effectively forecloses all future review, failure to request stenographic recording of trial proceedings is tantamount to a decision before trial that no appeal will be taken. No reasonable basis for trial counsel's action has been advanced here by the Commonwealth nor is any conceivable. I conclude that appellant was deprived of constitutionally effective assistance of counsel.
Inasmuch as constitutionally ineffective representation has totally negated the possibility of the post-trial and appellate review to which appellant is entitled, the appropriate relief is the maximum relief available on appeal, a new trial.
Commonwealth v. Banks, 428 Pa. 571, 237 A.2d 339 (1968), does not require an alternative conclusion. In Banks, the appellant was convicted by a jury of first degree murder in 1948. The trial was stenographically recorded, but not transcribed. Nearly twenty years later, appellant was found to have been denied the right to appeal. In the intervening years the stenographer had died and consequently it was impossible to transcribe the trial notes. The Supreme Court, in a per curiam order, affirmed the holding of the lower court that appellant was not entitled to a new trial.
As no opinion was filed, the Court's reasoning in Banks is not available. However, the most reasonable interpretation of the decision is that on the peculiar facts of the case, the absence of notes of testimony was the fortuitous result of circumstances beyond the control of the parties rather than the product of denial of
[ 215 Pa. Super. Page 152]
a constitutional right. Thus construed, Banks is readily distinguishable, as it appears that in the instant case the failure to record the testimony was the direct result of constitutionally ineffective assistance.
The Commonwealth also contends that relief in the form of a new trial is unwarranted because this result would encourage criminal defendants to proceed to trial without requesting notes in hopes of obtaining a new trial if convicted. This suggestion is specious. Any deliberate failure to request reporting for this purpose is a waiver of the right barring the grant of a new trial. Moreover, the Commonwealth can readily protect against a claim of this nature by itself requesting stenographic reporting if the defense fails to do so.
*fn* In Commonwealth ex rel. Turk v. Ashe, supra, the finding of waiver was apparently reached without inquiry into the circumstances surrounding the failure to request recording. While the principle of Turk that the right may be waived is unchallenged, in determining the existence of a waiver in the instant case we are bound by the more rigorous standards of waiver which have developed since Turk was decided.
Waivers are generally categorized as "substantive" or "procedural." Compare Gideon v. Wainwright, 372 U.S. 335 (1963) with Henry v. Mississippi, 379 U.S. 443 (1965). A substantive waiver requires an "intentional relinquishment of a known right," Commonwealth v. Peake, 210 Pa. Superior Ct. 133, 231 A.2d 908 (1967), whereas a procedural waiver demands a "deliberate bypass of state procedure available to litigate an asserted denial of the right." Commonwealth v. Snyder, 427 Pa. 83, 233 A.2d 530 (1967).
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Glossary of terms connected with docks and riverside sites
Survey of London: Volumes 43 and 44, Poplar, Blackwall and Isle of Dogs
Level-luffing crane: a crane which, during luffing (the raising or lowering ... Luffing crane: a crane with the jib hinged at the foot to allow the angleView result
Extracts from the Records: 1575, Oct-Dec
Extracts From the Records of the Burgh of Edinburgh, 1573-1589
luffing towert oure Soueraine Lord, constant in his obedience, ... qualiteis and luffing towerd ws, towerd the king, and ws bering this regiment,View result
City of London, Cheap Ward, All Hallows Honey Lane
Four Shillings in the Pound Aid 1693/4: the City of London, the City of Westminster, Middlesex
100.00 Goodyer, William 0.00 0.00 1.80 150.00 Lufs, Robert 3.20 16.00 0.30View result
Extracts from the records: 1576
Extracts From the Records of the Burgh of Glasgow Vol. 1, 1573-1642
and prayis for the luf ye beir to God and the commown weill of our touneView result
Close Rolls, Richard II: April 1383
Calendar of Close Rolls, Richard II: Volume 2, 1381-1385
bailiffs, Adam Botoner, Richard Luf, Henry de Kele, John Botoner, John Hawe.View result
Rymer's Foedera with Syllabus: October-December 1474
Rymer's Foedera Volume 11
of the same Princes, and for tendirnes of Luf and Affection to grow and Incres betuix ... Luf and Tendirnes to grow and incres ymangis thame, it hath be Aggreit, ... to be the verray Rute and Establisment of all...View result
Cumberland Lay Subsidy: Allerdale Ward
Cumberland Lay Subsidy Fifteenth and Tenth, 6 Edw. III
1 7 6 William Bercarius 1 2 0 Thomas Luf 12 6 Hugo de Caldebek 1 10 0 Thomas, sonView result
Elizabeth: December 1563
Calendar of State Papers, Scotland: Volume 2, 1563-69
Your luffing frind James. p. Addressed: To Randolph as "agent" for the QueenView result
Deeds: A.9201 - A.9300
A Descriptive Catalogue of Ancient Deeds: Volume 4
[Somers.] A. 9285. Release by William de Cnapelok to Hugh le Luf, clerk,View result
Extracts from the Records: 1518
Extracts From the Records of the Burgh of Edinburgh, 1403-1528
amite and gud luf amangis the saidis merchandis and gild brethir:View result