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The FLYTLAB Fuse Vaporizer is one of the most unique and versatile units available today. The Fuse Vaporizer is the only device that allows you to "fuse" your refillable dry herb, wax concentrate and e-juice cartridges - allowing you to vape two materials at once. Featuring a dual chamber design, the Fuse lets you finely tailor your vaporization experience by giving you the option to load multiple cartridge combinations, and vape both simultaneously. With the Fuse Vaporizer, you can vape any combination of herb, wax concentrate, CBD and e-juice together in a single session!
There's no other vaporizer on the market today that allows you to vape multiple materials at the same time, making the Fuse Vaporizer from FLYTLAB something truly special. While it may look like a portable, the Fuse actually operates more like a pen vaporizer (vape pen), as it operates on the basis of conduction, rather than convection. The Fuse doesn't have a power button, and is instead activated only when a draw is being taken - signified by a water bubbler sound effect (which can also be turned off). In short, there's no other vaporizer quite like the FLYTLAB Fuse.
The Fuse Vaporizer is engineered to allow flavor fusion. You can vape materials solo, or choose to combine herbs, wax concentrates, CBD and e-juice together in a single session for a vaporization experience like none other. Ever wondered what it would be like to vape your favorite e-juice along with your favorite CBD oil? Or how about vaporizing herbs and wax concentrates together to give you that ultimate feeling of relaxation and satisfaction. With the Fuse from FLYTLAB, the possibilities are truly endless. No other vaporizer looks or performs quite like the Fuse, and no other unit allows for such a customizable experience.
- 4 x Liquid Cartridges
- 1 x Herb Cartridge
- 1 x Wax Cartridge
- 1 x Mouthpiece
- 1 x Liquid Bottle
- 1 x USB Charger
- 1 x Wall Adapter
- 1 x Cleaning Brush
- 1 x Cleaning Tool
- 1 x Instruction Booklet
|Warranty Info:
|10 Year Warranty
|2 x 9.25 x 8 in.
|1.75 lbs.
|Vaporizer Compatibility:
|Herbs, E-Juice, Waxes
|Delivery Method:
|Direct Draw
|Heat Source:


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The World's Greatest Music
Email the show or Text 61812
Get to know Puccini's story of love and heartbreak, with our synopsis and stunning pictures from English National Opera's production.
Picture 8 of 18
After being abandoned by everyone she knows, Cio-Cio San is left alone to start her marriage with her new husband, a man she barely knows. Photo: ENO/Clive Barda
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RCA 4-Device Universal RemoteRemote Controls
For Satellite Box, TV, DVD Player, VCR - View Complete Details
Product Number: IGRMNZ5177
Sold Out
This product is sold out and we do not know when we will be getting another shipment. We apologize for any inconvenience this may cause.
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Product Details
Not Returnable
Due to its limited shelf life or other concerns, we do not accept returns on this product unless it is damaged, defective or incorrect due to an error on our part.
RCA 4-Device Universal Remote - Go to your favorite TV and satellite or cable channels instantly! Like presets on a car radio, RCA Universal Remotes with Presets let you set your favorites, then go to them with a single button press. And like all RCA remotes, this 4-device remote is simple to program and easy to use, with advanced functionality for more sophisticated home theater setups and codes that support the latest home theater devices, including streaming players.View Product Specs
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Q:I don't have the directions how to hook the universal remote to my TVAsked on 8/12/2013 by Karen from United States
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A:Instructions for this RCA Universal Remote can be downloaded here: http://voxxintlcorp.com/docs/common/RCRPS04GR/RCRPS04GR_OM.pdfAnswered on 8/13/2013 by Adam from Columbus, Wisc.
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Signs that Your Partner May be Suffering from Addiction
Addiction is a rampant disease and most addicts innately have the same tendencies, regardless of what drugs or alcohol they use. Addicts will use utilize whatever means available to them – emotional manipulation, anger – so they can keep using drugs or alcohol. Their spouses and family could become second place to an addict whose logic dictates that they keep using. Everyday, the addict faces a struggle with their addiction and continues to suffer because quitting, in the mind of the addict, is not something they're capable of. Addiction can breed denial along with limitless ways that the addict can justify their drug or alcohol abuse, to themselves and their spouse and family. Here are some signs that your partner may be suffering from addiction:
- Does your partner depend on a substance of choice?
- Do they constantly make up excuses for when they are using?
- Is there a change in their personality when they are unable to use their substance of choice?
- Do you feel that you have no control over your partner's drug or alcohol use?
- Do you spend a lot of time worrying about your partner's well-being?
Being in love with someone in the depths of addiction could lead you to develop a "blindness" to their drug or alcohol use, because it's difficult to associate someone that you love with the horrifying, damage realities connected to drug and alcohol abuse.
If your partner exhibits these signs, consider White Sands Treatment Center to help your loved one get on the path to recovery and sobriety. Call (877) 855-3470 to consult with our addiction specialists today!


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Doctor insights on:
Pain Left Side Rib Area
Pain, left side, rib area in the backside, few inches below armpit. Feel like its between bone &skin.Not internally.Front left chest pain w/it.?
Follows a rib: That's a pretty good description! it's following an intercostal muscle or rib. You may have costochonditis (rheumatism of the joint where the rib attaches to the breatbone). You may have intercostal neuritis. If a rash appears, it could even be shingles. Has there been any minor trauma or lifting? ...Read more
Having dull preassure / light pain left side around my rib area. No injuries and doesn't matter if I am breathing or not. Any ideas? Thank you
Flatulence : It is very common to experience pain or pressure commonly caused by flatulence or gas. If it continues over 24 hrs make an appt with your doctor for further evaluation and treatment. Get well soon. ...Read more
Had on and off pain in right side chest and upper back ,today am having pain left side hurts when breath in around rib area what can this be?
Need more info: To determine if you have an acute respiratory problem like pneumonia, history of fever and other symptoms like cough and poor appetite is important . In absence if these, one can consider other causes of inflammation such as asthma or pleurisy. For now you can take anti inflammatory medicine like ibuprofen 400 mg every 6-8 hrs for 2-3 days. If still not improved. Pl get examined by your doctor. ...Read moreSee 2 more doctor answers
I got acid reflux problem.Im taking nexium.But from last 2 weeks i have back pain left side close to shoulder blade in rib cage area. Why is that?
?unrelated: Stomach intestinal issues should not be referred to the back unless something serious is going on such as perforation, pancreatitis, bleeding. If you have pain in your shoulder it could be referred pain or something completely unrelated. For this type of complaint a face to face with your doctor will likely provide better answers to a complex question. Good luck ...Read more
Severe pain left side under ribs been about a week or so, pain moves around ?
LUQ pain under rib: May be stomach (reflux, H pylori)-treat with ranitidine. prevecid, colon-constipation/gas, need milk of magnesia, fluids, simethicone, or lesions pancreas,breast I have seen even vaginitis/ ovaries cause LUQ pain f/u w/ doc may need CXR, mammogram possible abdominal CT ...Read more
What can cause side pain left side under ribs?
Many things: Look up rib pain costochondritis rib fracture pleuritis pneumonia - you swould have a fever. ...Read more
Sharp pain left side lower rib cage?
Need tests to treat: If pain is sharp , need to find thecause by exam and tests to find the cause , please see your doctor , or go to nearest er. ...Read more
Unbearable pain left side under rib when standing, walking, etc.Goes when i sis or lay down.It`s getting worse every day, had ultrs sound, nothing showed?
Pleurisy?: Viral pleurisy, intercostal neuralgia are some of the possibilities if continued see your internist. ...Read more
Why am I having pain left side below my ribs/ and tender to touch?
Costochondritis ?: I would consider an inflammation of the rib where it joins the cartilage that joins the sternum (breast bone). ...Read more
Pain, left side lower rib under arm to upper rib?
See a doc: Some questions just cannot be answered well in a forum like this, especially if your symptoms have literally dozens of possible causes, from completely harmless to very serious. Your doc will need to know how old you are, other illnesses or conditions you have, when you have the pain, what causes it, makes it better etc., you need a visit with a good doctor, not 400 characters or less. ...Read more
- Talk to a doctor live online for free
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- What causes pain in my upper back on the left side by my ribs?
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- Ask a doctor a question free online
- Left side pain under rib cage which worsens when taking breath
- Left side pain rib back cough sneeze tumor
- Pain in groin area female left side
- Sharp stabbing pain in ribs left side
- Pain in left side rib cage area


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University of North Carolina At Pembroke
PO Box 1510
Pembroke, NC 28372
United States
M.A.Ed.- Elementary Education
Format: Campus
The University of North Carolina at Pembroke offers a program of graduate studies leading to the Master of Arts in Education degree and graduate-level licensure in Elementary Education, Middle Grades Education, and Reading Education.
The graduate education program was established in response to the needs of public school educators in this region of the state. The graduate program is planned as an outgrowth of strong undergraduate programs in teacher education. The programs are fully accredited by the National Council for Accreditation of Teacher Education, the North Carolina State Department of Public Instruction, and the Southern Association of College and Schools.
Classification: Master's College or University I
Locale: Distant Town
Size & Settings: 6,000-9,999


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High and dry! Had no water intrusion during the rains of Aug 12-14th. Nothing in subdivision flooded and residents had access out of subdivision at all times. Like new - AND low maintenance yard! Put this home on your ''must see'' list! It is gorgeous! The sellers have kept this home immaculately and have exquisite taste as seen in how well this home shows. The front entry includes a courtyard that invites guests to come and visit! Walk from the foyer into the living area with vaulted ceilings and a wall of windows showing the covered patio with fireplace and mounted TV in a wood enclosure. Open floorplan - beautiful kitchen with light colored slab granite countertops and stainless steel appliances. Huge pantry! Drop off area by garage door. 3 way split floor plan that gives
MLS Data Courtesy of Gulf South Real Estate Information Network. Copyright 2016, New Orleans Metropolitan Association of REALTORS®, Inc. All rights reserved. Information deemed reliable, but not verified or guaranteed. Users are responsible for checking the accuracy, completeness, currency, and status of all information. Neither the New Orleans Metropolitan Association of REALTORS®, Inc. nor the Gulf South Real Estate Information Network, Inc. makes any representation, guarantees, or warranties as to the accuracy, completeness, currency, or suitability of the information provided. They specifically disclaim any and all liability for all claims or damages that may result from providing information to be used on the web site, or the information which it contains, including any web sites maintained by third parties, which may be linked to this web site. By using this site, you signify your agreement with and acceptance of these terms and conditions. If you do not accept this policy, you may not use this site in any way. Your continued use of this site, and/or its affiliate' sites, following the posting of changes to these terms will mean you accept those changes, regardless of whether you are provided with additional notice of such changes.
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We where on the motor bike to france and on the way to south France, and on the way back we have make some fun on the bike. Friends have make pictures from me driving on the Harley and flashing my tits on the backsit. If i have the picsi send them to VW. But also in Agden i drive on the bike in very short dresses and the windhave danthe rest. We have try to make some pictures from this and you find them as 2 inserts. On the last picture again my reward for being a horny woman.. Kiss,
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Distributor of high quality new and refurbished tablet presses. They carry a large inventory of presses to meet tableting needs for the Ceramic, Confectionery, Pharmaceutical, Powder Metal, and Vitamin industries. Their inventory includes rotary and single tablet presses, new and pre-owned equipment, and replacement parts. They also manufacture a state of the art press under their own name that is receiving widespread acceptance in the market. This is a one stop shop for all tableting industry needs. The company has been established for 35 years and has an outstanding reputation as a vendor of quality new and refurbished equipment and replacement parts. The owner will stay on for a smooth transition to mentor a new owner. Selling price Includes $4 million inventory.
Financials (USD)
Asking Price Between $2,500,000 and $5,000,000
Sales Between $1,000,000 and $2,500,000
Profit Operating at Breakeven
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Publication Distribution #268640 posted Nov 9, 2011
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The largest publication of its type in the United States and Mexico has opened for resale the distribution rights for their publication in the Oklahoma City market. The distribution rights owner is an independent owner/operator and is responsible for selling all advertising in the publication. The publisher...
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Bus from Ratingen to Sibiu and return
Find cheap coach tickets for your bus journey from Ratingen to Sibiu and back
If you arrive late... then you didn't use CheckMyBus! The routine bus schedules can get you to where you want to visit on time! The route between Ratingen and Sibiu is driven the fastest by Eurolines Germany. In only 32 hr 30 min you will arrive in Sibiu or Ratingen.


text: Stores Dealer Profile THE CARPET MAN Shaw believes in its people, products and mission. Purchasing flooring can be daunting, but we're committed to making easier for you every step of the way. Shaw creates a better future – for our customers, our people, our company and our communities. This attention to detail and extreme focus can be found in our beautiful, innovative products. Store Information GET DIRECTIONS 9475 Philips Hwy Ste 28 Jacksonville, FL 32256-1346 904-363-6280 http://www.carpetman.biz Flooring CarpetTile & StoneHardwoodLaminateArea RugResilient View all stores


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Cheap hotels in Les Deux Alpes
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Hotels in France: Main Cities
Weather forecast for Les Deux Alpes
Saturday 10Min 7 °CMax 16 °C
Sunday 11Min 2 °CMax 12 °C
Monday 12Min 4 °CMax 14 °C
Tuesday 13Min 9 °CMax 15 °C
Wednesday 14Min 9 °CMax 16 °C


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Chops and Onions
Total Time
Prep 15 mins
Cook 20 mins
Spicy, moist and delicious. Needs to marinade at least 2 hours.
Ingredients Nutrition
- 3⁄4 cup lime juice
- 1 teaspoon salt
- 1⁄4 teaspoon cayenne pepper
- 4 pork chops (1/2 in thick)
- 1 large onion, sliced into rounds
- In a large plastic bag combine the lime juice, salt and pepper.
- Add the chops and onion.
- Seal and refrigerate for at least 2 hours.
- Drain and reserve the marinade and onions.
- Grill the chops, covered over medium heat until no longer pink.
- About 8-10 minutes a side.
- Place the marinade and onions in a saucepan, bring to a boil and serve with chops.
Most Helpful
Last nights dinner and todays lunch, I can't wait. Delish!


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Sci fi/Fantasy image byAmy Brouillette
This is a random pic I did. Her yellow-orange hair represent the sun, the top of her dress the sky and the bottom the earth with some grass and water. I don't like the water. What I like the most is the hedgehog.
Published More than a year ago
Category Fantasy
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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
history of Latin American architecture
...culture. The government provided the most important commissions, which were intended to consolidate this period of rapid economic expansion. In Buenos Aires, Francisco Tamburini remodeled the Casa Rosada in the late 1800s to become the offices of the president. This Beaux-Arts composition, with its central arch and side loggias, then became the standard for the institutions of government...


text: Hey there everyone I have an iPod touch 2nd gen that I bought off of craigslist. It was banged up a bit when I got it but it was a good deal and it worked fine until now. The xternal speAker stopped working and the sleep button makes the volume go up and doesn't work right. The iPod is still under warenty. Will apple exchange my iPod for a new one even though I'm not the org owner? Will they exchange it at all cause it is so banged up? Thanks max


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Check in from 15h / Check out prior to 10h
Magnolia Manor Bed and Breakfast Bathurst: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Bathurst, Australia.
Magnolia Manor Bed and Breakfast Bathurst is situated in Bathurst and is close to the area's popular attractions. It is also a short drive from Mount Panorama Circuit and the National Motor Racing Museum.
Hotel description
With its on-site restaurant that serves international, local and regional dishes, the bed & breakfast provides guests with all they require for an enjoyable evening within the bed & breakfast. Alternatively, there are a variety of eateries within a short stroll.
Magnolia Manor Bed and Breakfast Bathurst is within walking distance of Carrington Park and the Australian Fossil and Mineral Museum. It is within a 20-minute stroll of Bathurst Railway Station, which allows convenient access in and around Bathurst.
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2 Farmgate Drive cnr Ophir Rd, Bathurst
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Bathurst Heritage Motor Inn
102-108 Stewart Street, Bathurst
102-108 Stewart Street, Bathurst
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Does this activity require advanced planning, ticketing or reservations?
Is this activity accessible without advanced planning or reservations?
Is this attraction popular with tourists?
Is this attraction a good picnic spot?
Does this attraction provide visitors with a taste of the local culture?
Is this an outdoor attraction or activity?
Would this be a good cold day activity?
Would this be a good hot day activity?
Is this attraction a "must-see" location?
Is this attraction pet friendly?
Thanks for helping!
Enjoyed are day at the zoo loved the bird show staff here no there stuff all are quistions about the animals were answered .will visit again.
I loved visiting this park, was a bit disappointed not being able to meet the baby giraffe but it in a different enclosure as it was abandon by parents when it was born and dad is scared of the baby giraffe. I am hoping next time I visit the baby will be with it parents as it would be nice...
We had a Great family day out , my five old still remembers feeding Lara the baby tiger. We also watched the bird show which was up close and fab
Zoo is very clean and all animals could be seen. Good variety of animals and a good reptile house. Very enjoyable visit.
Went with the free transport provided ,need to book in advance ,hotel did this for us,plenty animals elephant, giraffes lions and big cats.
Well looked after and the settings are very nice shows of the animals in their natural habitats.
Had a nice meal in restaurant with goog prices.
We made our own way to the Zoo but at the end of the road leading up to the entrance the transfer bus driver stopped and picked us up.
What a lovely man
When we paid our entrance fee they even arranged to return us to our hotel on the same bus great ,
There is a lot of bird...
lovely zoo nice to look around lots of different animals to look at. must watch the owl and parrot show very good and shows how clever they are as well as a great chance to buy a picture holding a parrot or owl
It was a good day trip for our company. The weather was great, it was comfortable to walk around the park. I believe in the summer it could be too hot and tiring.
Enjoyed the walk around the park. It is very well looked after. Also visited bird show. It was incredible. We were amazed that birds are able to...
Not expensive and plenty to see and do. The owl and parrot show was very good but follow the map or you will miss some animals as the layout is not quite sequential and you will need to double back to see some animals
Went to the zoo despite hearing what people said the zoo was like approx 6 years ago & I have to say all of the party that went thoroughly enjoyed the day! Reasonable prices for entry, good food & drink at the resraurant that has not put prices up for it's captive audience & a whole variety of healthy &...
Hi we are staying at Smartline hotel in Paphos in October and would like to visit the zoo does anybody no how far it is from this hotel? Many thanks
H lol we are visiting paphos during the new year 30th dec to 3rd Jan, will the zoo be open at any time whilst we are there, there will be 10 of us. Many thanks
Hi does any one know how much is cost to get in? 2 adults, one 3 year old and one 2 year old??
What the price to get in and can you get there by bus?
Is there places to get food drinks?
See all questions


text:
Baader Planetarium
Baader Planetarium - U-Filter (Venus and Ultraviolet) - 2"$387.00SKU: FUV-2FREE SHIPPING(48 States)
Baader Planetarium - H-beta 8.5nm CCD Narrowband-Filter 50x50 mm Square$399.00SKU: FHBN-SQ50FREE SHIPPING(48 States)
Baader Planetarium - Safety Cool Ceramic 2" Herschel Prism - VISUAL version$639.00SKU: HERSCH-VFREE SHIPPING(48 States)
Baader Planetarium - 2"/90° Deluxe Astro-Grade Amici Prism with 2" Clicklock and Nosepiece$689.00SKU: AMICI-DX2FREE SHIPPING(48 States)
Baader Planetarium - Alan Gee Telecompressor Mark II$297.00SKU: AGIIFREE SHIPPING(48 States)
Baader Planetarium - Clearglass Filter 50x50mm (3mm glas thickness) Square$121.00SKU: FC-SQ50
Baader Planetarium - S II 8nm CCD Narrowband-Filter 1.25" (with LPFC)$149.00SKU: FSIIN-1
Baader Planetarium - Clearglass 36mm (2mm glass thickness) Round$64.00SKU: FC-RD36
Baader Planetarium - NEODYMIUM & IR-Cut 1.25" (Moon & Skyglow) Filter$79.00SKU: FMS-1
Baader Planetarium - UV/IR Cut / L-Filter 2" with Low Profile Filter Cell (LPFC)$132.00SKU: FUVIR-2
Baader Planetarium - Turbo Film 127 x 51 cm$47.00SKU: TURBO
Baader Planetarium was founded in Germany over 35 years ago, and the Baader family has been involved in producing astronomical instruments for over 100 years. Baader Planetarium products really do bring a level of ingenuity, quality, and detail that is unique in this hobby.
Quality German engineering and manufacturing is apparent in everything Baader Planetarium makes, including their Orthoscopic Eyepieces, Scopos and Hyperion Eyepieces . Baader Planetarium also produces a full line of Astronomy Filters (including color, H-Alpha, UHC, UV-IR Cut, IR Pass, Moon, Fringe-Killer, Contrast Booster, and Polarization filters), Pentax adapters, solar film and more. Everywhere you look you will find small details that not only add to the fit and finish of the parts, but increase that part's function as well.


text:
Thank You
Thank you for completing the online form.
The information you have provided has been sent to SQA. You should receive confirmation of the details sent to the email address you provided. If you do not receive confirmation, please contact Centre Support.
Why not download our Customised Awards Leaflet (122 KB)


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An updated and revised edition of the Objective CAE course, which prepares students for Cambridge English: Advanced, also known as Certificate in Advanced English (CAE). The Student's Book contains fresh, updated texts and artwork that provide solid language development, lively class discussion and training in exams skills. The 25 topic-based units include examples from the Cambridge English Corpus to highlight common learner errors and ensuring that students are learning the most up-to-date and useful language required at this level. The interactive CD-ROM provides comprehensive extra practice of the language and topics covered in the book.5 4 Linkers in writing (and speaking) act as sign posts for the I I I reader so that he /she can follow the line of argument. a The new ... essay I I - Examine what problems 1 overlooked 2 underpract|sed 3 introductory there might be 4 reference 5anbsp;...
|Objective Advanced Student's Book with Answers with CD-ROM
|Felicity O'Dell, Annie Broadhead
|Cambridge University Press - 2012-02-23


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FOREWORD: Visible biological radiations have always greatly attracted mans curiosity fireflies and glow worms, I uniiiit went wood, phosphorescent meat, and the illuminating organs of deep sea fish are among the well-known wonders of nature. The biological importance of this luminescence seems to be in no proportion to the impression it makes upon the human mind. While it is assumed by some biologists that it has the purpose of attracting the prey, of frightening enemies, or of luring the male to the female, other investigators have contested these theories. The phosphorescent bacteria usually lose the ability to produce light when cultivated for some time on artificial media, without any apparent decrease in vitality. The emission of visible light is probably of no greater importance than color it plays no essential role in the cell physio logy of the organisms. Quite to the contrary, the invisible radiations of living org anisms are of considerable physiological significance. They play a distinct part in cell division and in growth. They are evident ill the healing of wounds. Old age is accompanied by complete cessation of ultraviolet emission perhaps this is the cause of old age. Beta-mdicitum controls the heart beat. The, loss of blood radiation is used in the diagnosis of cancer it may be that radia tion, or some disturbance of its mechanism, is Jinked with the. cause of cancer. Its role in the metamorphosis of amphibia has been demonstrated. Mutual influences of one species upon another by radiation have been observed. Biologists and physicists have always been suspicious of radiations from living organisms, perhaps only because the average man not to mention woman likes to believe in human radiations. However, the principal reason for the rejection of the discovery of ultraviolet emission from living cells was the inability of some to repeat the positive experiments of others with the same results. This had led to the fallacy that negative results disprove positive ones. It is quite evident that if two experimenters obtain different results, they cannot possibly iiave made the same experiment. Both results are correct, and the important task is to find out in what points the investigations differed. With a phenomenon so little understood as these biological radiations, it is not surprising that these apparent contradictions have not as yet been explained in every ease, though several factors responsible for negative results have been discovered. The objection to biological radiations has been strongest in this country, but even here, a more conciliatory attitude has be come noticeable since it has been shown that mitogonetic radiation is not a mysterious force, but the result of biochemical processes. Many simple chemical reactions have been found to emit weak ultraviolet rays. Another factor is responsible for the slow adoption of this new influence in biology practically all papers on this subject are published in foreign languages, and of the very few in English, almost all happen to contain negative results. This very fact has been one of the authors reasons for presenting the more important facts in this book...
About Otto RahnSadly, at this time we simply cannot supply you with specifics of the actual Founder Otto Rahn. However this doesn't mean that individuals do not work on the assortment. We inquire that you assist us in this particular subject. If you have leisure time and need can profoundly value if you present to us all your data. Any time receiving this kind of suggestions and details via users in regards to the Invisible Radiations Of Organisms Writer Otto Rahn, all of us 1st the girl look at. After all of us make sure that almost all accurate, merely write-up the idea. All of us fully grasp this enable and thanks in advance.
Details Book
|Otto Rahn
|Read Books
|Data Published
|04 November 2008
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|228 pages
|Age +
|15 years
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text:
There to help
For those with anti-government employee sentiments, I'd like to focus readers on the heroism exhibited by a Coast Guard helicopter rescue team that braved Hurricane Sandy off of the treacherous North Carolina coast to rescue 14 of 16 crew members of the replica ship HMS Bounty ("Coast Guard hopeful about finding captain of HMS Bounty," Oct. 30).
Along with the Coast Guard, also involved with Sandy are the tens of thousands of federal employees and officers of the departments of Homeland Security, Federal Emergency Management Agency, Federal Aviation Administration and Army Corps of Engineers, to name a few. So, instead of believing all those negative myths about federal workers, remember that — especially, during fires, floods, earthquakes, tornados, hurricanes, and, other day-to-day life emergencies — they're there to help.
— A.J. Castilla, Boston


text:
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text: I was happy to come across this place while driving back home on vacation. It's not easy to find a quality vegan place in North Florida at 3pm on a Sunday lol! I ordered the big salad(lemon tahini dressing), tempeh Ruben sandwhich, BLT, homemade lemonade, fresh cut fries, and sweet potato fries. Yes, I was hungry! They also had a... More


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Originally Posted by satanica
He comes here for one reason, and one reason only.
He is obssessed with me. His posts are ONLY toward me
I am flattered that he is so in love with me, I am flattered that he feels I am so important that he needs to spend all his time posting to me.
Sorry you did it again dead link! Search links expire after the search!
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How little they understand anyone living outside their bubble / echo chamber.
Stereo types and Liberal prejudice doesn't do a thing to help Democrats one tiny bit.
Jill Stein is demanding that Time Magazine do a recount. The selection of Donald Trump as Person of the Year was hacked, rigged or he cheated somehow. Hillary clearly deserved to win.
After all,...
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Speaking of a divided country, tonight on the local NBC affiliate, their poll was "Did Trump deserve to be Time's Person of the Year?"
I guess conservatives don't watch their show much, because in...
That not respectful seems to be standard operating procedure with the whiners. Did anyone watch O'Reilly tonight? They were talking about that stupid show, "The View". Apparently loudmouth Joy B said...


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Recommend me some Sci-Fi Series
Lately, been kind of interested in jumping into a new Sci-Fi series and was looking for some recommendations to see what would be a good series to jump into. These are past ones I've watched and enjoyed:
- Stargate SG-1
- Stargate Atlantis
- Stargate Universe*
- Battlestar Galactica
- Caprica*
- X-Files**
- Doctor Who* (the one with Amy Pond so the most recent?)
- Firefly
* - In SGU & Caprica's case, I was with the series until the announcements that they were being cancelled at which point, I skipped out on the final few episodes. For Doctor Who, I was watching the series with Amy Pond and stopped at an episode (think the next episode was about Amy aging and I think I recall seeing a giant Chess board/game). So as it stands, need to get back into that. I'm also thinking of going back and getting into some of the other incarnations of the Doctor.
** - I've only watched the series on SyFy, Chiller and BBCA when they air it so I know for a fact I haven't seen the entire series. This is probably one I'll go back and check out in it's entirety.
Some of the series I was eying to watch from the past are Babylon 5, Farscape and Star Trek. For Star Trek, I enjoyed the newest movie and with the sequel on the way, was looking to get more into the series but have no clue where to start. Kind of don't have an interest of going *that* far back so I'm looking at Deep Space 9, The Next Generation, Voyager and maybe even Enterprise. I've watched a few scattered episodes of TNG and Voyager over the years when they were on late night (TNG most recently on BBCA - maybe even the same for DS9?) but that's about it. Worth the investment and if so, which one to start with? SyFy is showing a Star Trek movies marathon today and tomorrow so I was going to tune into that.
Gonna need opinions on Babylon 5 and Farscape as well as I have literally nothing to really go off of with either one. I know my dad used to watch Babylon 5 when it was on the air and I remember a few particular characters/actors (or their faces) but that's about it.
Anything that hasn't been mentioned would be welcome as well
Re: Recommend me some Sci-Fi Series
Arkthur_us wrote:
Have you tried Revolution? It is really good.
I actually am following Revolution but it just doesn't 'click' with me as Sci-Fi, although it probably should. I guess I have a very specific definition of 'Science Fiction' that makes me omit certain shows as falling under that umbrella.
But yes, following it and it's a good show although I'd be more interested if it followed Miles and Monroe (or their history) instead of Charlie. Sucks that it's on break till late March/early April.
Re: Recommend me some Sci-Fi Series
havocsarmy wrote:
Do you like old school? If so check out the Outer Limits or the Twilight Zone, although I only watch TZ
I actually do watch Outer Limits and do enjoy the 'anthology' like shows but I don't think I've given the Twilight Zone a fair shake. I usually pass up the marathons that go up on the Holidays.
Re: Recommend me some Sci-Fi Series
If we took just five minutes, to recognize each others beauty, instead of attacking each other for our differences .............
Ellen Page
Re: Recommend me some Sci-Fi Series
SlashZaku wrote:
havocsarmy wrote:
Do you like old school? If so check out the Outer Limits or the Twilight Zone, although I only watch TZ
I actually do watch Outer Limits and do enjoy the 'anthology' like shows but I don't think I've given the Twilight Zone a fair shake. I usually pass up the marathons that go up on the Holidays.
They(twilight zone) had stories of how paranoid Fidel Castro was/is and even did one on Hitler. The episodes are mind boggling to say the least
Re: Recommend me some Sci-Fi Series[ Edited ]
Re: Recommend me some Sci-Fi Series
MonkeyDad1977 wrote:
I wish that Terra Nova was still on. That was my favorite sci-fi show ever.
Was enjoying the show as well but I actually expected it to be canned. You know, FOX and all -_-
As for other shows mentioned, so many of them are half finished for me I watched 2-3 episodes into Fringe and kind of fell out with it. Since it's about to wrap up, I might binge on the entire series. Falling Skies I stopped watching just after they made contact with the one woman who showed up in the plane. The sons got annoying but I might finish anyways to see where they're going with the show.


text: I have the problem that Winterboard does not load the custom theme icon for an app whenever the Info.plist file in the app directory defines a 'CFBundleDisplayName' which containes the exclaimation mark character '!'. This for examples happens for the WildEyes app which has 'WildEyes!' as 'CFBundleDisplayName'. Please try if you can confirm this error. ------------------double post merged------------------Can noone confirm this problem?


text:
The Blessed Sacrament novice boys' basketball rep team has done what other Ontario teams hadn't been able to do 23 times coming into last weekend's (Jan. 25-27) Brantford CYO tournament.
Photo: Nick Bontis/Blessed Sacrament Basketball
In handing the Guelph Phoenix, one of the province's top ranked teams, their first loss this season, 25-12, Blessed Sacrament claimed the gold medal at the tourney. The Hamilton squad finished the weekend affair with a perfect 4-0 record.
Top scorers in the championship game were Charlie Bontis, with 18 points, and Dante Lentini, with the remaining seven.
Blessed Sacrament opened the tourney with a 34-24 win over Brantford on Friday.
The next day, the team scored a 26-18 victory over St. Catharines and in a semi-final game later Saturday, Blessed Sacrament advanced to the championship game after disposing of London Gold Medal, 34-11.


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brief walks & his joyful romps are my reward! His 1st book was Morning Glory & his photos are enjoyed by many!
Just a pretty Pomeranian girl who loves to dress up
I am a 5 year old Throwback Pomeranian. A throwback Pomeranian is a Pom who is larger than the standard size Pom of today's world. The Pomeranian that we know of in modern times, descended from the ancient Spitz dog. The Spitz dogs were on average, 30 pounds so in rare cases..one is born to small to average size parents ..and I weigh in at about 28-30 Lbs..There is no way to determine this at birth..I was as tiny as my normal size siblings were..But I surpassed their growth x 3 !


text:
The Great Lakes ADA Center is pleased to offer a variety of conferences and training
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Sylvester is a very sweet laid back young cat. He found his way to one of our fosters' house and was immediately taken in to be cared for. He was neutered and given all his vaccines and got a clean bill of health.
Sylvester enjoys being petted and will just sit in your lap until you stop. He enjoys the attention of his people. He also enjoys the company of other cats (non-dominating), and will romp and play with them.
Sylvester has been introduced to a cat friendly dog. Even though he was nervous at first, I think over time and some patience, he will be fine with a nice dog.
Sylvester is looking for his forever home. He would be a wonderful addition or be great as an only cat. If you would like more information, please contact his foster mom, Yvonne, at 256-520-8008).
Our Mission...
(1) Control feral cat populations through neutering/spaying
(2) Educate the public about about proper pet care and responsibility, especially neutering/spaying and advising about pet behavior and medical issues that often result in families giving up their pets
(3) Humanely remove and relocate ferals when possible
(4) Adopt out loving, grateful animals into permanent forever homes
(5) Raise necessary funds to build a shelter for rescued cats
Adoption Hours at PetSmart Jones Valley, Huntsville, Alabama
with a FF volunteer attending are:
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Sunday Noon - 5:00 pm
All Forgotten Felines cats have had their shots, tests and are neutered/spayed ~ over a $200 value ~ for a $100 donation, which helps Forgotten Felines continue their important mission.
Thank You!
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You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


text:
|This is a discussion on $10 NLHE Full Ring: Monster draw on paired flop, facing all-in bet within the online poker forums, in the Cash Game Hand Analysis section; So I decided to take a shot at 10NL, i know its not proper BR management, I just wanted to do it. moving on. I'd
$10 NLHE Full Ring: Monster draw on paired flop, facing all-in bet
So I decided to take a shot at 10NL, i know its not proper BR management, I just wanted to do it. moving on. I'd been playing tighter than normal, and showing down good hands. most pots were limped, with at least six players seeing the flop. It seemed as though my raising the pots preflop was not appreciated. spudpoker2, the villain, had been in most pots since i sat down, and was fond of seeing how serious i was about any hand I was in. I had reraised him a number of times, and called down with smaller holding to find he had like 94o on a board of AQ922 or something like that.
Hand Information
No Limit, 0.10 BB (9 handed).
Hand History converter courtesy of pokerhandreplays.com
Table Information
Seat: 1 dad945 ($2.11) Dealer
Seat: 2 dragondad3 ($2.74) Small Blind
Seat: 3 spudpoker2 ($7.34) Big Blind
Seat: 4 runindeep ($14.01)
Seat: 5 rudyray ($9.5)
Seat: 6 Hero ($12.21)
Seat: 7 nomoreeasy ($4)
Seat: 8 rocco22 ($22.68)
Seat: 9 iicedover ($43.03)
Dealt to Hero
Preflop (Pot:0.15)
runindeep CALL $0.10
rudyray FOLD
Hero RAISE $0.30
rocco22 CALL $0.30
iicedover FOLD
dad945 FOLD
dragondad3 FOLD
spudpoker2 CALL $0.20
runindeep CALL $0.20
Flop(Pot: $1.25)
spudpoker2 CHECK
runindeep CHECK
Hero BET $0.50
rocco22 FOLD
spudpoker2 ALL-IN
runindeep FOLD
Hero ???
Is this one of those times where beautiful cards must go in the muck? or do we have the odds against most of his hands?
flash video replay can be found here: http://www.pokerhandreplays.com/view.php/id/3637162
re: Poker & $10 NLHE Full Ring: Monster draw on paired flop, facing all-in bet
I would have folded these against two raises preflop. The flop action has been pretty well described above. You are looking at a possible made high or low full house. You have definitely enough outs to call if you have him on 2pr or less. You only have two nut outs against a made full house. Personally, I like being ahead on the flop to call all in but he can't stack you and it might be worth a try.
Jazz, he was the only one who raised pre? I think assuming that villian has him beat here is pretty bad as he is made to sound horribly fishy and imo can do this with a huge range.. Bet more on flop, bet 40 or 50c pre and call flop.. (unless you actually think he has an extremely strong range here) even vs 3 of a kind you are what, 50/50? (havnt actually stoved but i think thats about right)
here's my stove, feel free to correct the ranges
Text results appended to pokerstove.txt
30,690 games 0.005 secs 6,138,000 games/sec
Board: 9s 8s 8d
equity win tie pots won pots tied
Hand 0: 62.515% 62.22% 00.29% 19096 90.00 { A9s, T8s, 98s, 86s+, T8o, 98o, 86o+ }
Hand 1: 37.485% 37.19% 00.29% 11414 90.00 { JsTs }


text:
"Bud is one of the world's best distance coaches. We are very fortunate to have a coach of his calibre and experience working in our sport."
Related quotes
"A good manager doesn't try to eliminate conflict; he tries to keep it from wasting the energies of his people. If you're the boss and your people fight you openly when they think that you are wrong - that's healthy."
"In sales, the most important person is the person that you are speaking with. Instead of talking, you should be listening and observing. There is a reason why you have two ears and eyes and only one mouth."
"In sales, whoever tells the best story wins. What stories do you have that your niche market can relate to?"
"Ultimately, your business success is determined by your sales revenue and profits. Nothing else. Ouch!"
"Learn to ask good questions. The quality of the answer will be determined by the quality of your question."


text:
A chimney a structure for venting hot flue gases or smoke from a boiler, stove, furnace or fireplace to the outside atmosphere. Chimneys are typically vertical, or as near as possible to vertical, to ensure that the gases flow smoothly, drawing air into the combustion in what is known as the stack, or chimney, effect. The space inside a chimney is called a flue. Chimneys may be found in buildings, steam locomotives and ships. In the United States, the term smokestack (colloquially, stack) is also used when referring to locomotive chimneys or ship chimneys, and the term funnel can also be used. The height of chimneys plays a role in their ability to transfer flue gases using stack effect, the dispersion of pollutants at higher altitude helps to ease down its influence on surroundings....'
Contributions by Mbeychok, Arpingstone, and Milducks.


text:
Thousands of parents whose children were taken into care on disputed medical evidence are to have their cases reviewed, the government confirmed yesterday.
Ministers were consulting England's top family judge, Dame Elizabeth Butler-Sloss, yesterday on how to identify cases where children were removed from their families and taken into care despite disagreement among experts over the risk posed by a parent.
The new director of public prosecutions, Ken Macdonald, also pledged to review personally all pending prosecutions involving unexplained infant deaths "as a matter of utmost urgency" and to take the decision himself on whether to prosecute.
The moves follow a warning from the appeal court on Monday that prosecutions should not go ahead if experts disputed the cause of death "unless there is additional cogent evidence". Lord Justice Judge, giving reasons for quashing the conviction of Angela Cannings, 40, for murdering her two baby sons, said medical science was "still at the frontiers of knowledge" about unexplained infant deaths.
Following the judgment, the attorney general announced a review of the 258 cases in the last 10 years in which parents were convicted of killing a child under two, and 15 pending prosecutions involving unexplained infant deaths.
Mr Macdonald said he had asked chief crown prosecutors to review the cases within 28 days, when he would take the final decision on whether to go ahead with the prosecution.
He added: "The Crown Prosecution Service understands the great public concern in this area and is determined to act decisively."
The solicitor general, Harriet Harman, confirmed yesterday that civil cases in which children had been taken into care would also be reviewed.
She said the 54 cases of the 258 where parents convicted of killing are still in prison would be given the highest priority. Cases where the convicted person was no longer in jail were "still urgent and all are serious" because they could involve care proceedings.
Ms Harman said she had spoken yesterday to Dame Elizabeth, president of the high court's family division, and the children's minister, Margaret Hodge, was also in discussions on how a review of care cases could be handled.
There are thought to be thousands of cases in which mothers suspected of harming their children have not been prosecuted but have had their children removed by court order in care proceedings brought by local authorities.
In many of the cases, mothers thought to have harmed an older child will have had her subsequent children taken into care at birth. Most of the children will have been fostered. Many will have been adopted and forged strong bonds with their new families.
Ms Harman said in the Commons: "We are not in a position to say in how many care proceedings the evidence of experts was decisive.
"We will make sure that we recognise that not only injustices done in the criminal justice system but any potential injustices in care proceedings are identified and acted on.
"We should recognise that for women who have lost a child and then have had another child taken away ... prison is nothing of a penalty compared to the terrible suffering that they have endured.
"While we are getting on straight away to the issue of those in prison and criminal processes, we bear in mind the absolute, utmost gravity and seriousness of those whose injustice is not in the hands of the criminal justice system but as a result of the family justice system."
But parents whose children have been adopted have little hope of getting them back. Allan Levy QC, an expert on child law, said an adoption order could be set aside "only in the most exceptional cases, for instance, if there has been fraud or some procedural error." Family courts are required by law to treat the child's best interests as the paramount principle, and will rarely move a child who is settled and well cared for.


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A realistic wolf role-play with minor fantasy characteristics.
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text:
Sour Apple Martini
Total Time
Prep 2 mins
Cook 0 mins
This is a nice variation of the regular martini and yummy too!
Ingredients Nutrition
- 1 ounce vanilla vodka
- 1 ounce sour apple Schnapps
- 1 dash prepared sweet-and-sour mix
- 1 slice of thin sour apple (green apple) (optional)
- Combine first three ingredients in a shaker filled with ice.
- shake and serve in a martini glass.
- garnish with a thin slice of green apple.
Most Helpful
All I can say is YUMMMMMMYYY!! almost like candy! and so simple and inexpensive! this will be a party pleaser for sure!! Thanks for posting! made this for a Bargain Basement Tag.


text:
mother lyrics – incubator
if only i could see again
the twinkle in my mother's eyes.
to hear again her gentle voice
and have her hold me when i cry.
if only she could be here now
to help me free my troubled mind.
i wonder if my mother knows?
although i've tried – no peace i find
it seems a hundred years ago
that when i'd cry she'd wipe my tears
and just like magic when i'd fall
she'd be right there to calm my fears
oh mom, if you could only see
the hurt and pain i'm going through
i must have cried ten million tears
since the tears i cried when i lost you
i know you're never far away
i almost feel you close to me.
oh how i'd love to hold your hand
your loving smile, i'd love to see
but in my heart, you're still alive
i think about you everyday
oh mother dear, why did you die
and leave me here so far away


text:
Steve Jolliffe: Invitation
A fine collection of quality visual-muisck, tranced dreamtracks, and upbeat world music executed on a wide variety of instruments invites you to vision worlds. Ample synths, acoustic and electric gear is utilized wonderfully. Even Jade Warrior's Tony Duhig guests on weird guitar on "Middle Dream State". If you are a T. Dream fan, like Ash Ra Tempel, enjoyed the best of new age instrumentalists then grab this mosaic of sound. Recommended.
Reprinted with the permission of John Collinge and Progression Magazine .
About Steve Jolliffe
CD/LP/Track Review
- Invitation by AAJ Staff


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September 30, 2008
VASSOS MARANGOS, PRO SE, PLAINTIFF,v.CECILY CATHERINE SWETT, ET AL., DEFENDANTS.
Presently before the Court are motions by Defendants Cecily Catherine Swett ("Swett"); Land Options Inc. ("Land Options"); Select Portfolio Servicing Inc.("Select Portfolio"); Option One Mortgage Corp. ("Option One"); and Performance Credit Corp.("Performance Credit"),*fn1 to dismiss all claims, pursuant to Fed. R. Civ. P. 12(b)6, of Plaintiff Vassos Marangos, pro se.*fn2
Initially, Plaintiff alleges, pursuant to 42 U.S.C. § 1983, that Defendants violated his Fourteenth Amendment right by depriving him of property rights following the refinancing of his home. Plaintiff also asserts that Defendants are in violation of Federal Truth in Lending Act ("TILA"),
15 U.S.C. § 1601, et seq. In addition, Plaintiff further alleges a violation of 18 U.S.C. § 1962(c), contending that Defendants conspired to ruin him financially through a fraudulent scheme arising from Plaintiff's refinancing of his home. Plaintiff additionally alleges several state law claims of fraud, deception, and invasion of privacy against Swett. Finally, Plaintiff asserts state law claims against Defendants, including negligent and intentional infliction of emotional distress. For the reasons that follow, the Court grants Defendants' motions to dismiss all federal claims and declines to exercise supplemental jurisdiction over Plaintiff's state law claims.
I. Facts
Since Defendants move to dismiss Plaintiff's claims pursuant to Fed. R. Civ. P. 12(b)(6), the following version of events assumes Plaintiff's allegations to be true. Additionally, the Court incorporates Plaintiff's factual allegations as stated in this Court's Opinion dated September 29, 2008, dismissing Plaintiff's claims with prejudice against Defendant the Honorable Michael J. Guadagno, New Jersey Superior Court Judge ("Judge Guadagno"). The Court will recount facts only relevant to this Motion.
Plaintiff alleges that his former spouse, Swett, used information from their divorce proceeding in January 2006, to put an "illegal" lis pendens on Plaintiff's house in February 2006. (Compl. ¶¶ 35-36.) Although Plaintiff was represented by counsel in his matrimonial case, Plaintiff is proceeding in the present matter as a pro se litigant.*fn3 Plaintiff returned to New Jersey from California in 2006. Upon his return, Plaintiff decided to refinance one of the marital homes through APEX in order to settle his debts and pay for his living expenses. (Compl. ¶ 31.) Plaintiff admits he signed his loan papers in July 2006 "without even looking at them." (Compl. ¶ 33.) Plaintiff alleges, however, APEX did not inform him there was a lis pendens on the home at that time. (Compl. ¶ 124.) After learning of the lis pendens, in August 2006, Plaintiff "requested a meeting with the Monmouth County Prosecutor located in Freehold[,] NJ where he reported the unlawful Lis pendens as a financial crime and asked for an investigation." (Compl. ¶ 45.)
Plaintiff alleges that sometime in September 2006, Land Options, on its own accord, withdrew $19,331 from Plaintiff's frozen funds and distributed it "to the Child Support agency." (Compl.¶ 41.) In October 2006, Select Portfolio came into the picture, purchasing Plaintiff's refinance loan from Option One. (Compl. ¶63.) During a recess at a court hearing held on March 14, 2007, Plaintiff alleges Judge Guadagno contacted Land Options, ordering it to release $16,395 to Swett from the refinancing funds held in escrow. (Compl. ¶ 67.) Plaintiff further alleges that Judge Guadagno contacted Land Options on one other occasion to inquire as to the amount still held. (Compl. ¶ 92.)
Plaintiff filed this Complaint in United States District Court for the District of New Jersey on December 13, 2007. (Compl. ¶¶ 37-38.) Plaintiff contends that because APEX "withheld information from plaintiff during the application process [to refinance Plaintiff's house] that there was an (illegal and secret) [l]is pendens on [P]laintiff's house [of which Plaintiff was not aware.]" (Compl. ¶ 33.) Plaintiff seeks damages from Defendants, "individually, jointly and severally" in relation to this count of the Complaint. (Compl. ¶ 29.) Plaintiff, however, did not include a request for rescission in his prayer for relief. (See Compl. ¶¶ 29-30.) On February 4, 2008, Land Options filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Other Defendants followed suit, including Swett on February 21, 2008, Select Portfolio and Option One on March 27, 2008, and Performance Credit on March 28, 2008. Plaintiff filed a cross-motion for the appointment of a special prosecutor on April 7, 2008, which Plaintiff withdrew with this Court's approval on September 16, 2008.
II. Discussion
A. Standard of Review
When reviewing a motion to dismiss on the pleadings, courts "accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (citation and quotations omitted). Recently, in Bell Atlantic Corporation v. Twombly, 127 S.Ct. 1955 (2007), the Supreme Court clarified the 12(b)(6) standard. Specifically, the Court "retired" the language contained in Conley v. Gibson, 355 U.S. 41, 45-46 (1957), that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id. at 1968 (quoting Conley, 355 U.S. at 45-46).
Instead, the factual allegations set forth in a complaint "must be enough to raise a right to relief above the speculative level." Id. at 1965. As the Third Circuit has stated, "[t]he Supreme Court's Twombly formulation of the pleading standard can be summed up thus: 'stating . . . a claim requires a complaint with enough factual matter (taken as true) to suggest' the required element. This 'does not impose a probability requirement at the pleading stage,' but instead 'simply calls for enough facts to raise a reasonable expectation that discovery will reveal evidence of' the necessary element." Phillips, 515 F.3d at 234 (quoting Twombly, 127 S.Ct. at 1965).
B. Plaintiff's 42 U.S.C. 1983 Claims
Plaintiff alleges, pursuant to 42 U.S.C. § 1983, that Defendants violated his Fourteenth Amendment property rights.Specifically, Plaintiff asserts that Defendants were acting under the color of state law when they unlawfully transferred the majority of Plaintiff's funds held in escrow to Swett.In response, Defendants contend that Plaintiff's 1983 claim should be dismissed because none of the defendants were acting under the color of state law as required by 42 U.S.C. § 1983.
Section 1983 provides, in pertinent part, that:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. The law provides citizens with "an avenue of recovery for the deprivation of established federal constitutional and statutory rights." Salley v. Rodriguez, No. 07-4914, 2008 WL 65106 at * 4 (D.N.J. Jan. 4, 2008); see also Groman v. Twp. of Manalapan, 47 F.3d 628, 633 (3d. Cir. 1995). To state a claim under 42 U.S.C. § 1983, Plaintiff must demonstrate Defendants acted under "color of [state] law" to deprive him of an enumerated right secured by the United States Constitution or its laws. Salley, 2008 WL 65106 at *4. "[T]he essence of section 1983's color of law requirement is that the alleged offender, in committing the act complained of, abused a power or position granted by the state." Hill v. Borough of Kutztown, 455 F.3d 225, 241 (3d Cir. 2006) (quoting Bonenberger v. Plymouth Twp., 132 F.3d 20, 24 (3d Cir. 1997)).
In order to establish the color of state law element, a Plaintiff must demonstrate "there is such a "close nexus between the State and challenged action that private behavior may be fairly treated as that of the State itself." Brentwood Acad. v. Tennessee Secondary Sch., 531 U.S. 288, 295 (2001) (citation omitted); Groman, 47 F.3d at 638 ("The color of state law element is a threshold issue; there is no liability under 1983 for those not acting under the color of state law."). Thus, extensive government regulation does not transform a private entity into a state actor for the purposes of 42 U.S.C. § 1983. Bailey v. Harleysville National Bank & Trust, 188 Fed. Appx. 66, 67-68 (3d Cir. 2006) (quoting Jackson v. Metro. Edison Co., 419 U.S. 345, 350 (1974)). Moreover, financial entities, notably banks, have not been found to be state actors, "even when their complained-of actions have been explicitly authorized by the state." Id. (citation omitted).
In the instant matter, Plaintiff merely restates § 1983's language in his Complaint, that "[a]ll Defendants herein were acting under color of state law when they violated Plaintiff's fundamentally secured rights and committed criminal acts against him." (Compl. ¶ 117.) Defendants include a private citizen and four private financial companies. As to Performance Credit, Land Options, Option One, and Select Portfolio, Plaintiff alleges no relationship or connection, let alone a "close nexus," between these entities and any governmental agency or official. Indeed, Plaintiff concedes that Select Portfolio is named in this Complaint solely as a successor in title to Plaintiff's loan originally held by Option One. (Compl. ¶ 34.) Moreover, Plaintiff alleges no conduct on the part of these companies that resembles a quasi-governmental function or action that rises to the level of state action. Accordingly, Plaintiff's § 1983 claims fail as to these defendants because their actions were not taken under the color of state law; they will be dismissed with prejudice.
As to Swett, Plaintiff alleges his former spouse was instrumental in securing his financial ruin. Specifically, Plaintiff alleges Swett manipulated state court proceedings to financially better herself at his expense. However, "[f]iling a lawsuit in state court, is not for 1983 purposes 'state action;' nor does it turn a private citizen into a state actor." Gueson v. Feldman, No. 00-1117, 2001 WL 34355662, at *10 (E.D. Pa. Nov. 31, 2001). The Supreme Court, in reiterating this unwavering principle, stated:
We have never held that the mere availability of a remedy for wrongful conduct, even when the private use of that remedy serves important public interests, so significantly encourages the privacy activity as to make the State responsible for it. See Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 485, 109 S.Ct. 1340, 99 L.Ed.2d 565 (1988) ("Private use of state-sanctioned private remedies or procedures does not rise to the level of state action.") . . . It bears repeating that a finding of state action on this basis would be contrary to the "essential dichotomy," Jackson, supra, at 349, 95 S.Ct. 449, between public and private acts that our cases have consistently recognized.
American Manufacturers Mutual Insurance Co. v. Sullivan, 526 U.S. 40, 53 (1999). To hold otherwise would expose any private citizen seeking to redress harms in state-sanctioned court proceedings to civil liability under 42 U.S.C. § 1983. Swett sought division of marital assets and enforcement of court orders mandating that Plaintiff pay child support and alimony. Further, Plaintiff's assertion that his former spouse acted improperly during the couple's divorce proceeding does not convert her private behavior into state-sponsored activity. Accordingly, Plaintiff's § 1983 claims as to Swett are dismissed with prejudice.
C. Plaintiff's Truth in Lending Act ("TILA") Claims
In addition to his § 1983 claim, Plaintiff alleges he "was never informed that Swett had put an unlawful Lis Pendens against his house when he signed the mortgage loan documents," in violation of "Federal TILA law."*fn4 (Compl. ¶ 124.) Plaintiff seeks damages from Defendants, "individually, jointly and severally" in relation to this count of the Complaint. (Compl. ¶ 29.) Plaintiff contends that: (1) his TILA claims remain within the three-year period provided for a right to rescission, and thus still viable; and (2) even though more than one year has passed between the TILA violation and the date of his complaint, the circumstances of the TILA violations committed by Defendants justify an equitable tolling of the statute of limitations. In response, Defendants contend that Plaintiff's TILA claim should be dismissed because the applicable one year statute of limitations bars Plaintiff's claim.
TILA provides "when a loan made in a consumer credit transaction is secured by the borrower's principal dwelling, the borrower may rescind the loan agreement if the lender fails to deliver certain forms or to disclose important terms accurately." Beach v. Ocwen Fed. Bank, 523 U.S. 410, 411 (1998) (citing 15 U.S.C. § 1635). This right of rescission, unlike TILA's one-year statute of limitations, "'shall expire' in the usual case three years after the loan closes or upon the sale of the secured property, whichever date is earlier." Beach, 523 U.S. at 411; see also 15 U.S.C. § 1635(f). Plaintiff argues, and is correct, that "TILA law rescissions can be implemented up to [three] years after [the] date of [the] agreement if fraud and deception [are] involved" in that the lender, by committing fraud, would not be complying with TILA's disclosure requirements.*fn5 Br. Pl. Supp. Opp. Mot. Dismiss, 51. Plaintiff contends that because APEX "withheld information from plaintiff during the application process [to refinance Plaintiff's house] that there was an (illegal and secret) [l]is pendens on [P]laintiff's house [of which Plaintiff was not aware,]" (Compl. ¶ 33), and that Plaintiff should be permitted to file TILA suits against Defendants within the three-year rescission period.
Plaintiff, however, does not include a request for rescission in his prayer for relief. (See Compl. ¶¶ 29-30.) Instead, Plaintiff demands, among other things, compensatory and punitive damages (Id.) Such relief is governed by the applicable one-year statute of limitations and as such, Plaintiff cannot avail himself of the three year rescission period. TILA's statute of limitations provides that "[a]ny action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation." 15 U.S.C. § 1640(e). This Court must determine when Plaintiff's cause of action under TILA accrued. Plaintiff alleges he signed his loan papers in the presence of an APEX official sometime in July of 2006 (Compl. ¶ 33.); thus, that is the date of the alleged TILA violation and when the cause of action accrued. See Andrew v. Ivanhoe Fin., Inc., No. 07-729, 2008 U.S. Dist. LEXIS 42860, *13 (E.D. Pa. May 30, 2008) (citing Oshiver v. Levin, Fishbein Sedran & Berman, 38 F.3d 1380, 1385 (3d Cir. 1994)) ("A statute of limitations begins to run when the plaintiff's cause of action accrues."). Sixteen months later, Plaintiff's Complaint was filed on December 13, 2007. (Compl. ¶¶ 37-38.) More than one year has passed, according to the Plaintiff's Complaint, from the date of the TILA violation and the date of Plaintiff's Complaint. Thus, unless Plaintiff can show there is justification for equitable tolling, the statute of limitations bars Plaintiff's TILA claims as to Defendants. See Andrew, 2008 U.S. Dist. LEXIS 42860 at *13.
"The Third Circuit has held that TILA's statute of limitations is subject to equitable tolling in certain circumstances. Kemezis v. Matthew, No. 07-5086, 2008 U.S. Dist. LEXIS 47330, at *11 (E.D. Pa. June 16, 2008) (citing Ramadan v. Chase Manhattan Corp., 156 F.3d 499, 504-505 (3d Cir. 1998)). The court in Kemezis laid out three situations when equitable tolling may be employed in the interest of justice:
Three scenarios exist when equitable tolling may be appropriate: (1) where the defendant has actively misled the plaintiff respecting the plaintiff's cause of action; (2) where the plaintiff in some extraordinary way has been prevented from asserting his or her rights; or (3) where the plaintiff has timely asserted his or her rights mistakenly in the wrong forum. [Oshiver, 38 F.3d at1387]. A party seeking tolling must also demonstrate that he or she "exercised reasonable diligence in investigating and bringing the claims." Miller v. N.J. Dep't of Corrections, 145 F.3d 616, 618-19 (3d Cir. 1998).
Kemezis, 2008 U.S. Dist. LEXIS 47330 at *11. In the instant case, Plaintiff's TILA claims may be eligible for equitable tolling under the first alternative listed if there has been fraudulent concealment on the part of the defendants. See Andrew, 2008 U.S. Dist. LEXIS 42860 at *14 (citing Smith v. EquiCredit Corp., No. 01-CV-4326, 2002 U.S. Dist. LEXIS 19395, at *4 (E.D.Pa. Oct. 4, 2002)); see also Wise v. Mortgage Lenders Network USA, Inc., 420 F. Supp. 2d 389, 395-96 (E.D. Pa. 2006) (citing Beauty Time v. VU Skin Sys., 118 F.3d 140, 144 (3d Cir. 1997) ("Plaintiffs' underlying complaint 'sounds inherently in fraud or deceit' which, pursuant to the Third Circuit's decision in Beauty Time, automatically tolls the statute of limitations until such time as the fraud has, or should have, been revealed.").
Although Plaintiff does allege "outright fraud and concealment of documents," Pl. Br. Supp. Opp., 51, "[a]llegations of fraudulent concealment tolling the statute of limitations must meet the requirements of Federal Rule of Civil Procedure 9(b)." Andrew, 2008 U.S. Dist. LEXIS 42860 at *14 (citation omitted). In Lum v. Bank of Am., the Third Circuit expounded on the heightened pleading standard imposed on allegations of fraud:
In order to satisfy Rule 9(b), plaintiffs must plead with particularity "the 'circumstances' of the alleged fraud in order to place the defendants on notice of the precise misconduct with which they are charged, and to safeguard defendants against spurious charges of immoral and fraudulent behavior." Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786, 791 (3d Cir. 1984). Plaintiffs may satisfy this requirement by pleading the "date, place or time" of the fraud, or through "alternative means of injecting precision and some measure of substantiation into their allegations of fraud." Id. (holding that a plaintiff satisfied Rule 9(b) by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations). Plaintiffs also must allege who made a misrepresentation to whom and the general content of the misrepresentation. See [Saporito v. Combustion Eng'g, 843 F.2d 666, 675 (3d Cir. 1988)]; Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644, 658-59 (3d Cir. 1998); Klein v. General Nutrition Cos., 186 F.3d 338, 345 (3d Cir. 1999).
Lum v. Bank of Am., 361 F.3d 217, 223-24 (3d Cir. 2004).
Construing Plaintiff's Complaint liberally, it appears Plaintiff has plead with sufficient particularity that APEX withheld information regarding the lis pendens placed on Plaintiff's property by Swett, and that without this information Plaintiff proceeded to obtain his loan. (Compl. ¶¶ 32-35; 39-41.) However, "[a] party seeking tolling must also demonstrate that he or she "exercised reasonable diligence in investigating and bringing the claims." Kemezis, 2008 U.S. Dist. LEXIS 47330 at *11 (quoting Miller, 145 F.3d at 618-19); see also Andrew, 2008 U.S. Dist. LEXIS 42860 at * 15 (citing Wise v. Mortgage Lenders Network USA Inc., 420 F. Supp. 2d 389, 394-95 (E.D. Pa. 2006) ("[Plaintiffs] also alleged facts to support their claim that they used reasonable diligence in investigating the alleged fraud, but that defendant prevented plaintiffs from discovering the fraud and misconduct.")
In the instant matter, Plaintiff's Complaint reveals that Plaintiff haphazardly signed his loan documents and failed to perform any due diligence. For example, Plaintiff concedes that he signed his loan papers "without even looking at them." (Compl. ¶ 33.) Moreover, Plaintiff was well aware of the lis pendens on his property as early as August 2006 when he "requested a meeting with the Monmouth County Prosecutor located in Freehold[,] NJ where he reported the unlawful Lis pendens as a financial crime and asked for an investigation." (Compl. ¶¶ 30; 45.) Obviously, Plaintiff would not have requested a criminal investigation be commenced had he not believed the failure to disclose the lis pendens rose to the level of criminal liability. Any equitable tolling of the state would begin, at latest, at the point when the plaintiff is, or should have been, aware of the concealment. See Component Hardware Group v. Trine Rolled Moulding Corp., No. 05-891, 2007 U.S. Dist. LEXIS 54900, at *24 (D.N.J. July 27, 2007) ("New Jersey courts have held that 'active concealment tolls the statute of limitations until the plaintiff exercising reasonable diligence knows or should have known of the fraud.'") (citations and internal quotations omitted). In this case, that is no later than August 2006 - more than fifteen months before Plaintiff filed suit and thus, the TILA claims are barred by the statute's one-year statute of limitations. As such, it is unnecessary for this Court to reach the merits of Plaintiff's TILA claims against each defendant. Accordingly, Plaintiff's TILA claims are dismissed with prejudice.
D. Plaintiff's RICO Claims
Plaintiff alleges the defendants are in violation of RICO, 18 U.S.C. 1961 et. seq. (Compl. ¶¶ 140-51.) Specifically, Plaintiff argues the defendants formed an enterprise with the sole purpose to destroy Plaintiff emotionally and financially. In response, the defendants contend Plaintiff has failed to allege with specificity an enterprise separate and distinct from the individual participants and that Plaintiff's injury was not proximately caused by the actions alleged in the Complaint.
The RICO Act "provides for liability in civil suits brought by any person injured 'in his business or property' by a RICO violation, with a compulsory award of treble damages, costs, and attorneys fees. . . [and] makes it unlawful for 'any person' who is employed by or associated with 'any enterprise' affecting interstate commerce to 'participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity.'" Genty v. Resolution Trust Corp., 937 F.2d 899, 906 (3d Cir. 1991) (citations omitted). To properly plead a RICO violation, a plaintiff must satisfy the heightened pleading standard of Federal Rule of Civil Procedure 9(b). Warden v. McLelland, 288 F.3d 105, 114 (3d Cir. 2002). Specifically, Rule 9(b) states "a party must state with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b). In Frederico v. Home Depot, 507 F.3d 188 (3d Cir. 2007), the Third Circuit qualified what information is required to be alleged to satisfy the heightened pleading standard provided for by Rule 9(b):
Pursuant to Rule 9(b), a plaintiff alleging fraud must state the circumstances of the alleged fraud with sufficient particularity to place the defendant on notice of the "precise misconduct with which [it is] charged." Lum v. Bank of America, 361
F.3d 217, 223-224 (3d Cir. 2004). To satisfy this standard, the plaintiff must plead or allege the date, time and place of the alleged fraud or otherwise inject precision or some measure of substantiation into a fraud allegation. See id. at 224. Frederico, 507 F.3d at 200; see also Seville Industrial Machinery Corp. v. Southmost Machinery Corp., 742 F.2d 786, 791 (3d Cir. 1984). Further, "[a] RICO plaintiff must also 'allege who made a misrepresentation to whom and the general content of the misrepresentation.'" Zellner v. Monroe County Mun. Waste Mgmt. Auth., No. 3:07-CV-1976, 2008 U.S. Dist. LEXIS 57769, at *24-25 (M.D. Pa. July 28, 2008) (citation omitted). A RICO claim requires proof of four elements:
(1) the existence of an enterprise affecting interstate commerce; (2) that Defendants were employed by or associated with the enterprise; (3) that the Defendants participated, directly or indirectly, in the conduct or affairs of the enterprise; and (4) that the Defendants participated through a pattern of racketeering activity that must include the allegation of at least two (2) racketeering acts.
Zellner, 2008 U.S. Dist. LEXIS 57769 at *19-20 (citation omitted).
To properly allege a RICO violation, a plaintiff must articulate a pattern of racketeering activity.*fn6 See Bonavitacola Elec. Contr., Inc. v. Boro Developers, Inc., 87 Fed. Appx 227, 231 (3d Cir. 2003) (citations omitted). The claim "must include the allegation of at least two (2) racketeering acts." Zellner, 2008 U.S. Dist. LEXIS 57769 at *20. In the instant case, for the purposes of racketeering activities, Plaintiff alleges predicate acts of mail and wire fraud,*fn7 "by telephone, letter, fax[,] and probably e-mail . . . to destroy [Plaintiff] financially . . . and to deprive him of his liberties and all property" (Compl. ¶ 142) and a pattern between Swett and Judge Guadagno and "with high probability [Financial Defendants]." (Compl. ¶143.) Plaintiffs' Complaint fails to allege any predicate acts of mail or wire fraud on the part of defendants Encore Credit, Option One, or Select Portfolio. As such, they are dismissed from Count VI. As to Swett and Land Options, Plaintiff alleges sparse --but potentially relevant-- incidents of communications over mail and wire.
"Where acts of mail and wire fraud constitute the alleged predicate racketeering acts, those acts are subject to the heightened pleading requirement of Rule 9(b)." Warden, 288 F.3d at 105 (citing Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644, 657-58 (3d Cir.1998)). The court in Annulli v. Panikkar addressed the differential pleading nature of mail and wire fraud:
There are two elements of a mail or wire fraud charge: "(a) a scheme to defraud, and (2) a mailing or wire in furtherance of that scheme." Greenberg v. Brewster, 816 F. Supp. 1039, 1049 (E.D. Pa. 1993). Wholly intrastate use of the mails for fraud violates the mail fraud statute. See, e.g., In re Burzynski, 989 F.2d 733, 742 (5th Cir. 1993). In contrast, the federal wire fraud statute requires interstate use of the wire. See, e.g., Smith v. Ayres, 845 F.2d 1360, 1366 (5th Cir. 1988) ("As several courts have recognized, the statute requires that the wire communication cross state lines.").
Annulli v. Panikkar, 200 F.3d 189, 200 n. 9 (3d Cir. 1999); see also Zellner, 2008 U.S. Dist. LEXIS 57769, 22-23 (citing Stanley v. Int'l Bhd. of Elec. Workers, AFL-CIO CLC, 207 Fed. Appx. 185, 189 (3d Cir. 2006)) (internal quotations omitted) ("[T]he wire fraud statute, 18 U.S.C. § 1343, 'criminalizes a scheme to defraud that is transmitted by wire 'in interstate or foreign commerce'; thus, a complaint must allege interstate use of the wire for each predicate act."). Moreover, when asserting mail fraud allegations, a plaintiff must "identify the purpose of the mailing within the defendant's fraudulent scheme and specify the fraudulent statement, the time, place, and speaker and content of the alleged misrepresentations." Annulli, 200 F.3d at 201 n. 10. In other words, the plaintiff's pleading must contain the "who, what, when and where details of the alleged fraud." Bonavitacola, 87 Fed. Appx. at 231 (quoting Allen Neurosurgical Assoc., Inc. v. Lehigh Valley Health Network, No. CIV-A-99-4653, 2001 WL 41143 (E.D. Pa. Jan. 18, 2001)).
Accordingly, this Court will only consider as predicate racketeering acts those wire frauds which have been alleged to have been transmitted by wire "in interstate or foreign commerce" and those mail frauds that are alleged to have made use of the United States Postal Service. See Zellner, 2008 U.S. Dist. LEXIS 57769 at *23 ("As these . . . frauds were not properly plead, the Court will not consider them as 'predicate acts.'"). Further, this Court will only consider as predicate racketeering acts those mail and wire frauds alleged with the specificity required by the heightened pleading standard of Rule 9(b).
First, Plaintiff alleges a total of eight communications in his Complaint not made by Plaintiff himself. Of these nine communications, four are too vague for this Court to discern if the communication occurred by mail or over wire. Specifically, the allegation of communication between Plaintiff and APEX (Compl. ¶ 32) fails to allege whether the communication took place over mail, wire, or in person. Similarly, the "specification" made to Plaintiff made by Land Options (Compl. ¶ 39) and the behind the scenes communications between Swett and Judge Guadagno (Compl. ¶¶ 75; 88) fail to allege how the communications occurred. As such, this Court cannot consider these communications as mail or wire fraud for the purposes of racketeering activity.
Second, of the remaining five alleged communications, one does not rise to the level of specificity required by the heightened pleading standard of Rule 9(b). It is impossible for this Court to discern the "date, time and place of the alleged fraud or otherwise inject precision or some measure of substantiation into a fraud allegation" of the second telephone communication between Judge Guadagno and Land Options. (Compl. ¶¶ 90-92); See Frederico, 507 F.3d at 200.
Third, to qualify as predicate acts, the four remaining communications must constitute either mail or wire fraud. There are two elements of a mail or wire fraud charge: "(a) a scheme to defraud, and (2) a mailing or wire in furtherance of that scheme." Greenberg, 816 F. Supp. at 1049. Communication by mail by Judge Guadagno in response to Plaintiff's letters (Compl. ¶ 78), communication by mail by Judge Guadagno updating Plaintiff on the status of Plaintiff's motions (Compl. ¶ 88), and communication by email by Land Options in response to Plaintiff's email request which only directed the Plaintiff to send his request to the court (Compl. ¶ 100) are clearly not "in furtherance of [the scheme to defraud]." See Greenberg, 816 F. Supp. at 1049.
This leaves only the telephone communication alleged by Plaintiff to have occurred between Judge Guadagno and Land Options during a short adjournment of a hearing. (Compl. ¶ 67.) Even if the facts alleged in this portion of the Complaint are sufficient to allow the Court to "otherwise inject precision or some measure of substantiation into a fraud allegation," it is unnecessary for the Court to continue its analysis as to whether this communication constitutes wire fraud. "A 'pattern of racketeering activity means' at least two predicate acts that 'are related and that amount to or pose a threat of continued criminal activity.'" Bonavitacola, 87 Fed. Appx at 231 (quoting H. J., Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229, 239 (1989)). There are not two predicate acts alleged.
Upon a liberal construction of Plaintiff's voluminous Complaint, this Court can discern only one communication that arguably rises to the level of specificity to satisfy 9(b)'s heightened pleading requirement: a phone call between Judge Guadagno and Land Options. (Compl. ¶ 67.) Thus, Plaintiff has failed to plead two predicate acts of mail or wire fraud sufficient to constitute a pattern of racketeering activity. Accordingly, Plaintiff's RICO claims in Count VI of the Complaint are dismissed.
E. Plaintiff's State Claims
Jurisdiction over Plaintiff's state law claims is governed by 28 U.S.C.A. § 1367(c), which states in relevant part, "[t]he district courts may decline to exercise supplemental jurisdiction over a claim . . . if . . . the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, [or] the district court has dismissed all claims over which it has original jurisdiction[.]" 28 U.S.C.A. § 1367(c). Absent some compelling circumstances, it is generally proper for the district court to decline to exercise supplemental jurisdiction. See Shaffer v. Board of School Directors of Albert Gallatin Area School, 730 F.2d 910, 912 (3d Cir. 1984) (holding that "pendent jurisdiction [over state law claims] should be declined where the federal claims are no longer viable") (citation omitted); see also Hedges v. Musco, 204 F.3d 109, 123 (3d Cir. 2000) (recognizing that if the district court has dismissed all claims over which it has original jurisdiction, the court must decline to decide pendent state claims unless "considerations of judicial economy, convenience, and fairness to the parties provide an affirmative justification for doing so") (citation and quotations omitted).
Furthermore, district courts should not decide issues of state law "both as a matter of comity and to promote justice between the parties, by procuring for them a surer-footed reading of applicable law." United Mine Workers Of America v. Gibbs, 383 U.S. 715, 726 (1966). Courts in this circuit have consistently declined to exercise supplemental jurisdiction over state claims when all federal claims have been dismissed. See, e.g., V-Tech Services, Inc. v. Street, 215 Fed. Appx. 93, 96 (3d Cir. 2007) (affirming the district court's refusal to exercise supplemental jurisdiction over fraud, promissory estoppel, breach of contract, and unjust enrichment claims after dismissal of RICO claims); Wall v. Dauphin County, 167 Fed. Appx. 309, 313 (3d Cir. 2006) (approving dismissal of state claims for lack of jurisdiction after dismissal of plaintiff's § 1983 and § 1985 claims); Mosca v. Cole, 384 F.Supp. 2d 757, 770 (D.N.J. 2005) (remanding remaining state LAD and other claims back to state court after plaintiff's federal claims were dismissed by the district court).
Because Plaintiff's federal claims are dismissed, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and thus will not consider Defendants' motions to dismiss such claims.
III. Conclusion
For the foregoing reasons, Plaintiff's federal claims are dismissed with prejudice. Furthermore, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims.
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Red Lobster Cheddar Biscuits
Carla Tipton
I don't make a lot of biscuits, but when I do, this is a good quick one.
Featured Pinch Tips Video
- 2 c
- bisquick
- 2/3 c
- milk
- 1/2 c
- shredded cheddar cheese
- 2 Tbsp
- butter, melted
- 1/8 tsp
- garlic powder
Directions Step-By-Step
1Heat the oven to 450 degrees. Combine the Bisquick, milk and cheese until the mixture forms a soft dough. Drop by the spoonful onto an ungreased baking sheet. Bake 8-10 minutes.
2Mix the melted butter and garlic; brush over the warm biscuits, and serve.
About this Recipe
Course/Dish: Biscuits