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Bad Reporter by Don Asmussen
- March 01, 2013
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SPIDER CHOSEN AS NEW POPE: Vatican stresses need for someone who can handle web of conspiracies and sinful clergy.
Spider Conducts First Mass
That's why they call it Papal Bull. . ..
Maybe the church should hire one of those L.A. spin doctors the celebrities use when they are in trouble.
Or better yet, declare that they have been "born again" like politicians used to when they were caught in compromising situations.
re Manti, bit mean, on a few levels, but laugh out loud funny.
You stand in the dark and do not believe there is a sun.
If I am in the darkness, I still have the light of the Son (of God) in me.
I'm sorry but your description of "belief in fictional" comment is to backward and dark ages for me. I prefer to live in the light, to bask in the glory and share in the advantage of having the Lord on my side. You can have it too, all you need to do is ask.
Both the Son and the Sun is real. All you need is eyes to see.
Even in the darkness, I have the light in me.
Good bye.
"Where's the harm?" Where to begin?
Faith is belief without evidence or logic. It puts the source of morality outside reality and reduces your ability to live successfully in this one-and-only world. It induces guilt, self-doubt, and unhappiness. It prevents rational agreement between people which invites irrational conflict. It has been the cause of countless deaths throughout history.
"Where's the harm"? Ha!
Love it! It even has a little cross in the middle!
That last one is hilariously mean! I feel guilty for laughing.
There can be no harm in believing as such because there is no way to avoid it. Science and religion are both systems of exploring the implications of different metaphysical assumptions. You assume that we live in a 'one-and-only' world; many (but not all) theists and agnostics (such as Buddhists) do not. You assume that inerrancy is attained by subjecting documents to the cleansing ritual of peer review, even under circumstances that any social psychologist or behavioral economist can tell you are conducive to systemic bias; fundamental Christians assume that it was attained by subjecting documents to a synod of religious scholars. Like all such assumptions, they stand outside 'evidence or logic'; they form the structure within which logic is applied to whatever is deemed admissible as evidence.
As an agnostic I generally do not see a problem with either belief or disbelief but you have touched on one aspect of belief that can have negative implications. Many believers have built their entire moral code of behavior around their faith in a system of eternal reward and punishment and that's OK as long as that belief remains untouched… they remain capable of behaving like normal humans. The problem is that I know how easy it is to learn to believe six impossible things before breakfast and such moral codes strike me as pretty fragile.
Your argument assumes faith (such as religion) is as valid as reason (such as science) as a means of gaining knowledge. You say I "assume" there is only one world; no, I KNOW there IS one world and that in all of history nobody has proved there are more. It is the faithful who assume there is more than one, on no other reason than that it must comfort them, but that does not make their feelings a valid source of knowledge. Note too, reason is broader than what scientists do; it encompasses the very foundation of everything you know. Aristotle knew that the laws of logic were at root laws of existence, so the idea that there is anything outside of what is knowable by "evidence and logic" is pure wishful thinking (as if that word would apply).
Inerrancy is not what science is trying to accomplish. That would require knowing everything, which would be extremely arrogant. Instead, science is a process for getting closer to the truth. Not absolute truth, because that doesn't exist outside of a rigorous logical system. But science is what we use to get closer to the truth because it has been proven time and again to work.
The absence of proof (of multiple worlds, say, or of God or gods or flying spaghetti monsters) is not the proof of absence. I don't believe in God, myself, but that doesn't mean that I believe that there is no God.
If the Everett interpretation of quantum mechanics is true, our universe is one of many. As I understand it, there is in principle no way of knowing if that is true, or whether the Copenhagen interpretation (or another) is correct.
If that "many" is an infinity (aleph-null? aleph-aleph?), then what has happened in ours just happened to happen that way, just as a bunch of typing monkeys might happen to knock out the collected works of Shakespeare, not because of some 'natural law'…or divine plan.
In the face of that possibility, I personally assume (i.e., have faith) that there is in fact natural law, and that the principles of identity, mutual exclusion, and non-contradiction have utility. But I don't see any grounds for being 'certain' that my assumptions are true. And I don't care if other people make alternative assumptions, as long as they recognize that they too might be wrong.
I doubt that there is a single root of all evil, but if there is I don't see 'love of money' as a plausible candidate; in fact, I find much more merit in Emerson's comment that 'the greatest meliorator of the world is selfish, huckstering trade'. Still, if I had to present an alternative candidate I would submit 'a sense of certainty'.
Can we know with absolute certainty that there is no god or gods? No, of course not. But as a practical matter, I act as if there are no gods. As far as we can tell, our universe behaves in a way in which there is no need or evidence of a god.
The rest of this is no longer directed at prrdh alone.
I also act as if unicorns, leprechauns, gnomes, gorgons, dragons, and chupacabras don't exist. I don't need to provide proof that they don't exist, so I don't see why I need to provide proof that god doesn't exist. The onus is on the believer to provide proof that their god exists. Until that proof is provided, the most reasonable position to take is that god doesn't exist.
Like all positions I take, I am willing to change my mind if presented with good evidence to do so. I have yet to meet a theist that would be willing to do that about god. And yet the theist will call me close-minded and dogmatic.
That is the ideal, yes. But the idea (of Carl Sagan's, I think) that science is 'self-regulating' has infected scientific practice with the idea that no one lacking arbitrary academic credentials has any business questioning the conclusions of self-defined scientific 'experts' on a topic. This is especially true in areas where Eisenhower's warning about 'scientific-technological elites', funded exclusively or overwhelmingly by government, applies.
As for science having "been proven time and again to work", I agree that it has worked time and again, but don't agree that that proves anything. See Nassim Nicholas Taleb's story of the turkey on the limits of induction.
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January 2, 1973
Joseph MILLIRON, Administrator of the Estate of Ross T. York, Deceased, Plaintiff,
George P. BAKER et al., Defendants
Marsh, Chief Judge.
MARSH, Chief Judge.
I quite appreciate the disappointment and dissatisfaction of the invalid widow and plaintiff's counsel with the jury verdict in favor of the defendant. Usually it is a surprise when a railroad wins a FELA case by jury verdict. However, in this unusual case, it is my opinion that plaintiff's motion for a new trial must be denied.
The plaintiff-administrator assigns the following reasons for a new trial:
"1. The verdict was against the weight of the evidence.
MARSH, Chief Judge.
I quite appreciate the disappointment and dissatisfaction of the invalid widow and plaintiff's counsel with the jury verdict in favor of the defendant. Usually it is a surprise when a railroad wins a FELA case by jury verdict. However, in this unusual case, it is my opinion that plaintiff's motion for a new trial must be denied.
The plaintiff-administrator assigns the following reasons for a new trial:
"1. The verdict was against the weight of the evidence.
"2. Plaintiff was deprived of his right to trial before a jury of twelve persons and was compelled to submit his case to a jury of less than twelve.
"3. The Court erred in instructing the jury concerning the testimony of Dr. Caplan.
"4. The Court erred in instructing the jury as to plaintiff's contentions of negligence and in limiting such contentions solely to the issue of whether Dr. D. W. Bishop should have caused plaintiff's decedent to be hospitalized.
"5. The Court erred in limiting the jury's determination of negligence by the defendant to the issue of whether Dr. Bishop should have caused decedent to be hospitalized."
Reason No. 1
I cannot find that the verdict was clearly against the weight of the evidence. The plaintiff contended and offered proof that Dr. Denning and Dr. Bishop, the railroad's doctors, were negligent in that after taking a history of Mr. York's pains and medication, and after examination of his current and prior electrocardiograms, they did not recognize an impending myocardial infarction and immediately commit him to a hospital or immediately advise his personal physician, Dr. Ayers, of an incipient and urgent problem, but instead advised York that there was no significant change in his cardiograms and he returned home reassured. Plaintiff contends that York's life might have been saved in a hospital and, therefore, the negligence of the railroad's doctors contributed to Mr. York's death early the next morning at his home.
On the other hand the defendant contended and offered proof that the current electrocardiogram was properly interpreted by Dr. Bishop in the light of plaintiff's history and prior electrocardiograms; that pursuant to existing standards of medical care there were no symptoms which indicated immediate hospitalization. The evidence on behalf of the railroad tended to prove that its doctors were not guilty of any negligence in the circumstances, and raised considerable doubt that York's life would have been saved even had he been hospitalized. The defendant's evidence was sufficient to present jury questions of negligence and causation.
Inconsistencies were developed in the opinion testimony of the medical experts on each side which, of course, were for the jury to reconcile. The verdict winner is entitled to all inferences that may reasonably be drawn from the evidence. The reasonable inferences to be drawn from the testimony of Dr. Bishop and Dr. Canter, and even from the plaintiff's medical witnesses, Dr. Brandon and Dr. Ayers, were sufficient to support the verdict.
Although I might have come to a different conclusion as trial judge, "courts are not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions or because judges feel that other results are more reasonable." Tennant v. Peoria & P.U. Ry. Co., 321 U.S. 29, 35, 64 S. Ct. 409, 412, 88 L. Ed. 520 (1944); Reiner v. Bankers Security Corp., 305 F.2d 189, 193 (3d Cir. 1962). "* * * [The] continuing concern of the courts of the United States [is] that in the federal forum the constitutional right to jury trial [should] not be eroded by judicial intrusions upon the province of the jury * * *." Rumsey v. Great Atlantic and Pacific Tea Company, 408 F.2d 89, 91 (3d Cir. 1969); cf. Lind v. Schenley Industries, Inc., 278 F.2d 79, 89-91 (3d Cir. 1960). I cannot perceive any clear manifestation that the jury reached a seriously erroneous result, or that its verdict was arbitrary or the result of caprice, prejudice or improper motive.
Reason No. 3
In the charge, no detailed summary of the testimony of the expert medical witnesses on either side was attempted. I merely called to the jury's attention that the four medical experts rendered opinions, and mentioned, as illustrative, that the principal contentions of each party were supported by expert medical opinion. I did not attempt to state all the opinions or to analyze the internal inconsistencies which cropped up on direct and cross-examination.
The members of the jury were admonished that the opinions of experts were not facts but conclusions which they were to evaluate in the light of the evidence.
Reasons 4 and 5
I cannot acquiesce in plaintiff's argument that the instructions limited his contentions of negligence solely to the issue of whether Dr. Bishop should have caused the deceased to be hospitalized.
The jury was told:
"The plaintiff-administrator contends that York's death was caused in whole or in part by the negligence of the Penn Central Railroad through its doctors * * *.
"* * *
"In order to find the railroad liable in damages, you must first find that the railroad by its officers, agents or employees, was negligent, and if you find any such negligence, you must next find that this negligence contributed in whole or in part to the death of Mr. York. If the railroad's negligence contributed to his death even in the slightest degree, the railroad is liable."
Negligence was defined and the jury was instructed that Dr. Denning and Dr. Bishop were employees of the railroad in 1967.
In reviewing the evidence I stated:
"The plaintiff contends that the railroad's doctors were negligent in that they failed to promptly recommend to Dr. Ayers that Mr. York be immediately sent to a hospital where his heart disease might have been treated before it developed into the acute myocardial infarction which caused his death; the plaintiff contends that it was negligence on the part of the railroad's doctors to permit Mr. York to go home after the electrocardiogram was taken and that it was foreseeable that an acute heart attack might develop.
"* * * The plaintiff wants you to believe that the doctors in the railroad's medical department should have seen a significant change in the 1967 [York] cardiogram when compared with the 1965 [York] cardiogram and they should have immediately recommended to Dr. Ayers that Mr. York be committed to a hospital for treatment in the hope of preventing an acute heart attack; but instead they let him go home, with a false sense of reassurance, and that Mr. York died the next morning about 5:00 o'clock from an acute myocardial infarction. * * *" (Emphasis supplied.)
I told the jury it was their duty to determine the facts from the evidence and draw the reasonable and proper inferences therefrom.
Thus, it appears that the instructions did not limit the plaintiff's contentions of negligence solely to the issue of whether Dr. Bishop should have caused Mr. York to be hospitalized, but embraced the failure of the defendant's doctors to notify Dr. Ayers, York's personal physician, and Mr. York himself of his allegedly serious condition.
Reason No. 2
Plaintiff complains that he was deprived of a 12-man jury. Local Rule 33 provides:
"In all civil jury cases the jury shall consist of six members. * * *"
A similar complaint was rejected by Judge Teitelbaum of this court in Piper v. Monessen Southwestern Railway Company, Civil Action No. 70-646 (W.D.Pa.10/3/72).
A similar rule has been upheld in Cooley v. Strickland Transportation Company, 459 F.2d 779 (5th Cir. 1972), and in Colgrove v. Battin, 456 F.2d 1379 (9th Cir. 1972).
I think Local Rule 33 is valid.
An appropriate order will be entered.
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I Don't Know Why I Do This?
Why do I wait until I'm dead tired to create a blog post? I had all day to do it. I didn't make it to work today because of my extremely late flight home.
Today I slept to 1 pm. Worked from home until 5 pm. Got caught up in some work gossip. Then me and the boyfriend had to catch up on the DVR'd shows. We watched True Blood, Wilfred, Next Food Network Star and 2 episodes of Single Ladies. It was nice a peaceful.
Today's was supposed to be about work drama. Tomorrow's definitely will be. I'm going to introduce you to the recurring characters at my job. I will not use their real names in order to protect their stupidity.
So tonight I bid you a good night
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text:
Stayed for two nights to attend an event at convention center as a first time visitor to Minneapolis. Many conveniences to hotel location: (1) I took light rail (blue line ) from airport to Nicollet Mall stop (two blocks to hotel) - there is no need to taxi or shuttle unless you are schlepping lots of bags (2) hotel is just off Nicollet Mall (shopping and dining destination downtown) (3) a short walk to the professional sport facilities for basketball and baseball; and (4) has access to the skyways that traverse much of downtown Minneapolis. Other comparable hotels are in same area, but except for Radisson (across street), this is probably the closest to light rail line which is easy to use and convenient.
Rooms: First quirk is shape of hotel (triangular). The triangular floor plate creates some variation of room shapes / layouts particularly toward the 3 corners. I had a "13" room. It was a king room -- it is a smaller room than some others, though still reasonably spacious. There was some awkwardness to the layout b/c of shape -- the bathroom door is directly adjacent to the head of the bed and TV viewing from bed is across the longest dimension of the room. Ask to see where on floor plate your room is on check-in. Room furnishings were comfortable but there was some wear and tear evident (shower door didn't fully seal, ironing board hangar broken and some obvious wall scuffs).
Arrival / Lobby / Elevators: Second quirk: Lobby is on floor five -- you take one elevator from street level to lobby and another set of elevators to rooms. That creates two minor inconveniences: (1) each time you return to hotel, you take two elevators to get to your room which is generally not a big deal, but led to some delays when there was a crowd returning at same time. (2) If you arrive by car (which I did not) -- there is no hotel driveway or pull-off at street level and it can be busy. There are valets present, but I could see it made for a little bit of stress for a few car arrivals as I entered and left the building. Other downtown properties have better arrival set ups (Hilton / Hyatt).
Other notes: the fitness center is well-equipped for a hotel facility and all the equipment is reasonably new and of commercial-grade quality. A nice amenity. The lobby bar / restaurant had wonderful service. It isn't large, but it is comfortable and there are many great options off property within an easy walk so it is scaled right for the overall environment.
I'd stay again, but would be more selective as to room assignment than I was this time.
- Official Description (provided by the hotel):
- Welcome to the Minneapolis Marriott City Center - in the center of it all! Experience style and service at the Minneapolis Marriott City Center, just 1.5 blocks from Target Center in the heart of downtown Minneapolis. Connected to Macy's via skywalk access, one block from Gavidae Commons, half-block from the Nicollet Mall, and adjacent to City Center shops, ideal for your next night on the town. Whether you're looking for a romantic weekend getaway, a place to grab a quick bite to eat before the game at Target Field or US Bank Stadium, or a happening bar offering game day specials, an outdoor terrace and 12 flat screen TVs, we have everything you need to celebrate, no matter the occasion. Make yourself at home in over 500 guest rooms, many with stunning views of the city skyline, including spacious bi-level sky lofts that are perfect for an extended stay and relax in the new M Club Lounge, our flexible 24-hour work space. ... more less
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- TripAdvisor is proud to partner with Hotels.com, Booking.com, Expedia, Marriott, Orbitz, Travelocity, Priceline and Odigeo so you can book your Minneapolis Marriott City Center reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.
- Also Known As:
- Marriott Minneapolis City Hotel Minneapolis
- Minneapolis Marriott


text:
Motorcyclist killed on M27
A motorcyclist has died this morning following a collision at junction five of the M27.
A motorcyclist has died this morning following a collision at junction five of the M27.
Hampshire police can confirm that the vehicle that fatally hit the motorcyclist on the M27 this morning was a skip lorry vehicle.
The initial information from witnesses said it was a lorry that hit the biker.
However information now suggests the vehicle was a high-sided skip lorry but the company and colour has not been confirmed.
The vehicle continued driving after the crash and so investigations are underway to find the driver.
The M27 westbound between junctions seven and five is likely to remain closed until at least 1pm while we continue to investigate and recover the scene.
Philippa has the weekend weather for the east
Philippa has the weekend weather for the west
A spate of car thefts at motorway services in Berkshire are believed to be linked to technology that stops them remotely locking.


text:
Off-Route Semi Truck Driver Kills Cyclist in Park Slope [Updated]
Cyclist killed in Park Slope when he "collided into the rear tire" of tractor-trailer on 6th Ave: NYPD. pic.twitter.com/0KjFtYL1nD
— Andy Newman (@andylocal) April 20, 2016
Update: Times reporter Andy Newman tweeted a DCPI notice concerning this crash. NYPD identified the victim as 33-year-old James Gregg. Police say the truck driver and Gregg were traveling the same direction on Sixth Avenue when Gregg "collided into the rear tire of the tractor trailer."
Update: Andy Newman tweeted a quote from police indicating the truck driver passed the cyclist, causing the collision. Also, I contacted National Retail Transportation, which operates the truck. When I explained why I was calling, the person who answered the phone said "I don't know anything about that," and transferred me to a customer service employee's voicemail.
A truck driver killed a cyclist in Park Slope this morning.
The victim, a 33-year-old man, was riding on Sixth Avenue at Sterling Place when he was hit at around 8 a.m., according to the Daily News. Police had not released the victim's name as of early this afternoon.
The truck was an 18-wheeler. Sixth Avenue at Sterling Place is a narrow neighborhood street. It's not a truck route, but big rig drivers are a problem there.
Trucks longer than 55 feet are allowed on New York City streets with a permit, but only if the load is "non-divisible," such as construction beams. A trailer carrying boxed or other loose cargo, like the one involved in this crash, would not be permitted on surface streets if the total truck length exceeds 55 feet.
Park Slope resident Rob Underwood says locals have tried for years to get the 78th Precinct to enforce truck route violations. As of March, the precinct had issued no truck route tickets in 2016, according to NYPD data. Precinct officers issued just five truck route citations last year.


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We're all guilty of flipping through the Spanish channels when nothing is on TV. If you don't know the language at all, then you're just like me.
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It's that time of the year again. Time for everyone to run and buy the new iPhone.
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An old homeless man from Beijing, China, has trained his pet bird to fetch money from people and bring it to him.
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VideoBash is your first and final stop for free funny videos, games and pictures guaranteed to brighten up your day. The funniest jokes and the most unbelievable pranks caught on tape have been collected in one spot for your viewing pleasure. This is entertainment at its best and no one does it better than VideoBash. These funny clips crackle with humor and they will definitely have you laughing till your sides hurt. Quality is our number one priority and the free funny vids here are the best of the best. There are no mediocre videos here. All the videos, jokes, pranks on VideoBash are the cream of the crop and you'll be hooked from the get go. The best part is you don't have to keep all this good stuff to yourself, you can share all the free entertainment videos with your friends.


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When good has to be good enough
Pathetic? Absolutely.
Settle for some quick thoughts and random ramblings? Hope so. Feel free to discuss among yourselves.
Forget about it, folks. Mark Martin's not going to run Bristol. It's been amazing to listen to people come up with scenarios under which NASCAR's No. 1 non-champion could maintain his lead in the Nextel Cup Series points or at least earn a spot in the Chase in case he changes his mind about running for the title. It. Ain't. Gonna. Happen.
Hey, guess what. The Indy-car season is about to begin. It doesn't seem like that long ago when something like that mattered to a significant number of fans. Am I old or is the racing world just changing that fast? It's Saturday night, under the lights, in Homestead, Fla. But those who care probably already know that.
Back to NASCAR. What about this Car of Tomorrow? It's not really that anymore, is it? Think anyone would mind if we call the safer, larger new car "Chicken Little"? The sky hasn't fallen yet.
Robbie Reiser and Kenny Francis are back. This is when we find out how much a penalty crew chief suspensions are. If Matt Kenseth and Kasey Kahne have the best cars at Bristol, perhaps the time off is, in fact, a benefit to the teams.
There must be a double standard on crowd size. Why else was attendance at California seen as awful but a couple of weeks later the empty seats at Atlanta are barely mentioned.
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NASCAR Video Highlights
Stats and Stuff


text: We have eaten at the Tremont several times and have even voted them our favourite at Taste of the Town. However we took guests there last week and were beyond disappointed. One of the burgers was raw in the middle and so it was sent back. While the rest of us finished our meal, our guest waited for his second... More


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Cookie's Cutters, A Graceful Hair Salon
Tomorrow:9:00 am - 6:00 pm
3111 Scotts Valley Dr,
Scotts Valley, CA 95066
(831) 440-0330
Business Details
in Business
Get the Best Care for Your Hair!
- Hours:
Regular HoursSunClosed
- General Info:
Welcome to Cookie's Salon, offering you the grace and beauty of the Orient right here in Scotts Valley!
Cookie was trained in Seoul, and has been working in the beauty industry for 20 years in Asia and over 10 years in California. She prides herself on sincere customer care and is dedicated to the professional services that she offers. If you aren't perfectly pleased with the results, then she'll cheer fully work with you to make it right. She sincerely wants you to look and feel your best.
Cookie carries a line of Redken, Crew, Paul Mitchell and L'anza. She does henna too! See you soon!
- Extra Phones:
MobilePhone: (831) 227-4849
- Services/Products:
- Hair Accessories
- Brands:
- BioSilk, Crew, Redken
- Payment method:
- all major credit cards, amex
- Location:
Located inside the Camp Evers Center at the corner of Mt. Herman Rd
- Amenities:
Service Men, Women and Children with the Best in Hair Care
Evening appointments accepted.
- Languages:
- English, Korean, Spanish
Cookie's Salon
- Other Links:
- Categories:
- Beauty Salons, Barbers, Hair Stylists
- Other Information:
Parking: Lot, Private
Wheelchair Accessible: Yes
Price Range : Average
By Appointment Only: No


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Biological Givens or Social Constructions?
Tong, Rosemarie
Bibliographic Citation
In her: New Perspectives in Health Care Ethics: An Interdisciplinary and Crosscultural Approach. Upper Saddle River, NJ: Pearson/Prentice Hall, 2007: 61-79
MetadataShow full item record
Related items
Showing items related by title, author, creator and subject.
Setting Organizational Ethics Within a Broader Social and Legal Context Khushf, George; Tong, Rosemarie (2002-06)
Health Care Reform: Social Distribution Decisions Tong, Rosemarie (2007)
The Epistemology and Ethics of Consensus: Uses and Misuses of "Ethical" Expertise Tong, Rosemarie (1991-08)In this paper I examine the epistemology and ethics of consensus, focusing on the ways in which decision makers use/misuse ethical expertise. The major questions I raise and tentative answers I give are the following: First, ...


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Days Inn Corpus Christi Beach, Corpus Christi
- Free continental breakfast, free WiFi, and free parking
Main amenities
- 55 guestrooms
- Near the beach
- Outdoor pool
- 24-hour front desk
- Coffee/tea in a common area
- Air conditioning
- Daily housekeeping
- Front desk safe
- Self-serve laundry
- Free newspapers in the lobby
- Luggage storage
For families
- Free cribs/infant beds
- Rollaway/extra beds (surcharge)
- Refrigerator
- Private bathroom
- Television
- Free toiletries
What's around
- USS Lexington Museum on the Bay (1 mi / 1.7 km)
- Texas State Aquarium (1.1 mi / 1.8 km)
- Corpus Christi Museum of Science and History (2.9 mi / 4.6 km)
- Art Museum of South Texas (3.2 mi / 5.2 km)
- Old Concrete Street Amphitheater (2.5 mi / 4 km)
Days Inn Corpus Christi Beach, Corpus Christi
Hotel Info: 855-238-1590from $59
- Room, 2 Double Beds, Refrigerator
- Room, 1 King Bed, Refrigerator
- Room, 2 Double Beds, Refrigerator
- Room, 1 King Bed, Refrigerator
- Suite, 1 King Bed, Refrigerator
- Standard Room, 1 King Bed
- Double Room, 2 Double Beds, Smoking
- Double Room, 2 Double Beds
- Standard Room, 1 King Bed, Smoking
- Standard Room, 1 King Bed
- Double Room, Accessible
- Double Room, 2 Double Beds
More great choices
At a glance
Key facts
Hotel size
- This hotel has 55 rooms
- This hotel is arranged over 3 floors
- Check-in time starts at 3 PM
- Check-out time is 11 AM
Required at check in
- Credit card or cash deposit required
- Government-issued photo ID required
Travelling with others
- Pets not allowed
- Free WiFi in public areas
- Free WiFi in rooms
- Free self parking
- RV/bus/truck parking
Nearby Two Star Corpus Christi hotels
In the hotel
- Free continental breakfast daily
- Coffee/tea in a common area
- Outdoor seasonal pool
- Outdoor pool
- Golfing nearby
- Sailing nearby
- Water skiing nearby
- 24-hour front desk
- Laundry facilities
- Free newspapers in lobby
- Luggage storage
- Number of buildings/towers - 1
- Elevator/lift
- Safe-deposit box at front desk
- Accessible bathroom
- In-room accessibility
In the room
- Air conditioning
- Pillowtop mattress
- Private bathroom
- Shower/tub combination
- Free toiletries
- Hair dryer
- Cable TV channels
- Free WiFi
- Free local calls
- Refrigerator
- Daily housekeeping
- Access via exterior corridors
Top Corpus Christi hotels
Recently reviewed hotels in Corpus Christi
- Island Hotel Port AransasFrom
"Really loved their pool area setup. Had everything we needed. And staff was super nice."Nov 29, 2016
- Candlewood Suites Corpus Christi-Naval Base AreaFrom
"Very nice place with a stove, dishwasher, and large refrigerator."Nov 29, 2016
- Hawthorn Suites By Wyndham Corpus Christi/N.Padre IsFrom
"We were not able to really enjoy the area. we came for a wedding and then need to return home the next day. Looked like a place that would be fun to explore "Nov 28, 2016
- Best Western Padre IslandFrom
"Great little budget friendly hotel, very clean and quiet. But the best is waking up in the morning and walking out the door to an absolutely stunning view. Only thing I would…"Nov 28, 2016
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Days Inn Corpus Christi Beach, Corpus Christi's small print
Also known as
- Days Inn Beach Hotel Corpus Christi
- Days Inn Corpus Christi Beach
- Corpus Christi Days Inn
- Days Inn Corpus Christi Beach Hotel Corpus Christi
- Days Inn Corpus Christi Beach Hotel
Optional extras
Rollaway beds are available for an additional charge
We have included all charges provided to us by this hotel. However, charges can vary, for example, based on length of stay or the room you book.
Recent reviews
2.5 /5 from 198 reviews
I personally, did not care for the smell of the rooms, incent smell was terrible, and I also did not sleep well I thought the bedding wasn't up to day,and room carpeting and curtains was terrible and smelly.
Most horrible stay. There was roaches and the toilet was backed up the entire time I was there (3 nights). The room was very stuffy with poor ventilation. I would not ever stay there again even for budget purposes.
Great stay. great location. Wifi didn't work
The check in was okay until i called down to the front desk to adk for 4 more towels i was told no because there was only 3 of us however we only had 2 towels to start with was also told my room was only meant for 2 people however the amount of people was included in my search and approved for the room they eventually said fine just come down and get them i was only given 3 towels didnt think id have so much trouble getting towel also housekeeping very rude kept slamming the vacuum into the wall and woke us up windows no properly insulated we could here everyones movement and conversations never staying there again very disappointed went there for my sons birthday to relax
The place was dirty and the housekeeping was rude. I would not recommend this dive to anyone.
Is the description of this hotel not correct? Tell us


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May 11, 2012
GREGORY J. TURLEY, PLAINTIFF,v.DAVID A. REDNOUR, ET AL., DEFENDANTS.
On November 30, 2011, Plaintiff Gregory J. Turley, an inmate in the custody of the Illinois Department of Corrections, filed a 42-page civil rights complaint alleging that prison officials conspired to violate his constitutional rights, failing to protect him from harm, and retaliating against him (Doc. 1). Turley also moved for leave to proceed as a pauper, without prepaying fees and costs (Doc. 2). In accordance with 28 U.S.C. 1915, the motion for leave to proceed as a pauper was reviewed, pauper status was granted, and an initial partial filing fee was assessed on December 7, 2011 (Doc. 6). Although pauper status was granted, 28 U.S.C. 1915A requires that all complaints filed by prisoners be screened "as soon as practicable" to determine if a cognizable claim has been stated.
On January 4, 2012, Turley, a frequent litigator in this district, filed a "Motion for P.L.R.A. Screening," elaborating on his claims, describing an additional incident of retaliatory discipline by the defendant prison officials, and requesting that the Court's threshold review be completed within 14 days (Doc. 7). On May 7, 2012, with his case still awaiting threshold review, Plaintiff Gregory J. Turley filed a complaint in the Court of Appeals for the Seventh Circuit under 28 U.S.C. 351, asserting that the undersigned district judge has acted with prejudice and has impeded the effective and expeditious administration of the business of the courts by: (1) failing to rule on the motion for screening; (2) failing to complete the Section 1915A review in this case; and (3) failing to disqualify himself from three other cases filed by Turley.
Following assessment of the initial partial filing fee, this case joined the queue of approximately 90-100 prisoner cases awaiting review at any given time. In his motion for screening, Turley cites Teague v. Mayo, 553 F.3d 1068 (7th Cir. 2009), which makes clear that, although a partial filing fee is required, the Court should not await payment of the entire fee before undertaking the review required by Section 1915A. The Court is not awaiting further payments toward the filing fee; rather, the delay in completing the threshold review of the complaint is merely due to the high volume of prisoner litigation initiated in this district- approximately 400 cases per year. Lodging a Section 351 misconduct complaint with the Court of Appeals will neither expedite nor delay the threshold review of the complaint. Accordingly, Turley's "Motion for P.L.R.A. Screening" (Doc. 7) will now be DENIED. Turley's Section 351 judicial misconduct complaint remains the prerogative of the Court of Appeals.
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Home >> Write >> Relationship >> Teen Issues >> Cool or not Cool
Cool or not Cool
Cool Kids
In high school, being one of the cool kids might seem like an important life goal, but it's important to keep things in perspective. In the long run, your high school years are only what you make of them. In the end, most of what you take from high school is just memories and some education. Too many people look back at their high school days and wish they'd done things differently. In high school, everyone just assumes that the cool kids will be the most successful in life because everyone admires them. However, just being one of the cool kids doesn't count for much after high school. You certainly can't put on your resume that you were one of the cool kids in high school. However, some cool kids do benefit somewhat from their cool kid status later in life. If you're a cool kid because you're nice to people and everyone likes you, being cool could open a lot of doors for you in the future.
I'm Not Cool
Worried that you're not cool? That could be one of your biggest problems. With confidence comes coolness and with coolness comes confidence, so telling yourself "i'm not cool" won't help you to become one of the cool kids. If someone convinces themselves that they're not cool, they're more likely to act like they're not cool, only making matters worse. Keep in mind that 'coolness' is a very abstract concept, so there's lots of room for different kinds of cool. A perfect example is The Dude from the Big Lebowski. The Dude is perhaps the coolest fictional character ever to have lived. But the Dude is not your typical cool guy. He is unemployed, can't pay the rent, lives in a filthy apartment, doesn't have a girlfriend, is likely an alcoholic, and spends all his spare time bowling. What he does have is an amazing attitude. The dude is cool about everything. Though he might occasionally utter 'that's not cool, man', you'd never hear the dud saying, 'I'm not cool'. That would be absurd. O next time you're thinking to yourself, 'wow, I'm not cool at all', just stop right there and think of The Dude.
How to Be Cool
There are no 'five easy step' books on how to be cool. The key to being cool is having confidence. If you believe that you're cool., other people will follow. One thing that definitely won't help you to be cool is reading an instruction manual on how to be cool. In fact, that would be a very uncool thing to do. Being cool isn't really an acquired skill, but if you're really desperate to learn how to be cool, perhaps you should think of someone who you think is cool, like cool and luke for instance, and emulate that person. But be careful; making snotty remarks to your teachers could land you in some trouble.
Cool Haircuts
One of the best ways to kick start your cool kid career is to get a cool haircut. Cool haircuts aren't easy to come by unless you've got an amazing hairdresser or you cut your hair yourself. Cool haircuts are usually the ones that suit your face and match your style best. A good hairstylist will find a cool haircut for you and show you how to style it yourself. There are also a lot of cool haircuts you can do yourself. I find that it's much easier to cut my own hair when it's long because I can see it better. For an entirely new look, why not dye your hair at home to fire up your new cool haircut.
Cool Teens
Cool teens are usually those who aren't too caught up in trying to be cool. Some of the following cool teens have accomplished more in their teenage years than many people accomplish in a lifetime. One such cool teen is Gilles Sunu, a sixteen year old French soccer player who was signed to arsenal this summer for almost a million English pounds. Other cool teens are accomplished opera singers and physics geniuses. Garry Kasparov was another cool teen who became the world chess champion. It just shows you that becoming a cool teen isn't about trying to be cool, but about being passionate about something and becoming the best at it.
Cool Hand Luke
Cool Hand Luke was a novel that was made into a movie starring Paul Newman. The movie was about a man, cool hand luke, who was sent to prison for cutting the heads off parking meters in a small town. His fellow prisoners began to admire cool hand luke for his cool attitude. So how does Luke keep his cool? Cool hand luke was both confident and witty and it was really the other prisoners that made him the cool guy because they admired him so much for standing up to the prison guards.
Cool Teen Bedrooms
Chances are, the bedroom in any book or website advertising 'cool teen bedrooms', aren't cool. Of course you can make any room cool if you put a big screen TV, a fridge, and a good speaker system. Here are a few pointers to steer clear of those very not cool teen bedrooms. Cool teen bedrooms don't have themes. If your 'cool teen bedroom' magazine tells you your teenager will just love a cool superman theme bedroom, run it by your teenager first. They may not be on the same page as a middle-age interior decorator. Though a foam chair shaped like a shoe might seem like the perfect accent for you teenage girl's cool teen bedroom, it never hurts to ask your teen beforehand. They might have some cool teen bedroom decorating ideas of their own.


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Occupied duplex in desirable Audubon. This duplex pulls in $2000 per month in rental income. Each unit is a two bedroom and one bathroom with basement. Tenants have been here for years! There is ample parking and a fenced yard. There have been many updates in the last few years including both heating systems, electric panels, some appliances. Each unit has separate gas heat and hot water. Tenants pay for heat, gas and electric. Convenient to major highways and public transportation
Listing Area: Audubon Boro
The data relating to real estate for sale on this website appears in part through the TREND Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms in which Callaway Henderson Sotheby's International Realty participates, and is provided by TREND through a licensing agreement and identified with the TREND IDX Logo. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale. Some real estate firms do not participate in IDX and their listings do not appear on this website.Some properties listed with participating firms do not appear on this website at the request of the seller.
2016 TREND, All Rights Reserved. Information Deemed Reliable But Not Guaranteed.


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- Named after the river Piave (sourced at Mount Peralba in Val Visdende in the northernmost part of Belluno, Italy), this snackable cheese was born of the cheese-making traditions in the land surrounding the ancient river. Created from cow's milk gathered in two milkings, this cheese has an intense, full-bodied flavor that intensifies with age to make it an excellent grating cheese.Cheese 101Learn the essentials — from buying to serving
Milk, Salt, Rennet, Egg White Lysozyme. Contains Milk, Egg. Surface Treated With Natomycine And Calcium Sorbate.
Piave Vecchio
Like That? You'll Love This.
- $6.99/ea($13.19/lb)
- $16.99/lb
- $0.88/lb
- $0.99/ea5 for $4.00
- $18.99/lb
- $2.29/lb
- $4.99/eaabout $2.49/lb
- $8.99/lb
- $3.99/ea($7.12/lb)
- $24.99/lb
- $2.99/lb
- $5.99/eaabout $3.00/lb


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HON Assembled High Storage CabinetStorage Cabinets
36" x 18" x 42" - 3 Shelves - Security Lock - 250 lb Shelf Weight Capacity - Steel - Charcoal - View Complete Details
Product Number: HONSC1842S
In Stock - Hurry, only 9 left.
Estimated Delivery - 4 business day(s) - Fri 12/9 5 business days - Mon 12/12
Please Note: Oversized item. Additional charges may apply. See details.
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Product Details
Made in America
This product was manufactured in the United States.
HON Lifetime Warranty
HON Lifetime Warranty offers assurance that the item purchased will be free from workmanship defects or defective material for the life of the product. Should a failure occur under normal use as the result of defective material or workmanship, the manufacturer will repair or replace the product. Some exclusions apply. Contact the manufacturer for full warranty details.
HON Assembled High Storage Cabinet - Industrial grade steel with satin chrome double handles. HON "One Key" interchangeable lock core. Three-point locking system. Reinforced base with leveling glides. Tough construction provides extreme durability. Shelves adjust in 2" increments to accommodate different sized materials and are tested to 250 lbs.
- HON "One Key" core removable lock allows quick and easy re-keying.
- Three-point locking system.
- Reinforced base ensures stability.
- Tough construction provides extreme durability.
- Shelves adjust in 2" increments; tested to 250 lbs.
- Leveling glides adjust for uneven floors.
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Extra-large capacity for 13 cu. ft. more storage space than standard width cabinets. Heavy-gauge welded steel and sturdy box-formed construction. Four adjustable shelves with built-in support tabs hold up to 400 lbs. each. Heavy-duty leaf hinges and secure three-point locking ...
78" high deluxe storage cabinet features heavy-gauge steel throughout for maximum rigidity and trouble-free performance for heavy loads. Includes built-in shelf support and many different slots for shelves so you can adjust them in 2" increments. Reinforced door frames, three-point ...
Built-in shelf support tabs—no more lost clips! Heavy-gauge steel construction. Three-point locking system. Extra-large capacity for those big storage needs. Two adjustable levelers compensate for uneven floors, allowing doors to hang squarely and close properly. Sold and shipped in two ...


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Get an overview of this hotelBlackpool guesthouse in South Shore, near Blackpool Pleasure Beach
Located in South Shore, this guesthouse is within 1 mi (2 km) of Paris Casino and Blackpool Pleasure Beach. Bloomfield Road and Blackpool Football Club are also within 10 minutes.
Property Features
This guesthouse features tour/ticket assistance and free breakfast.Information missing or incorrect? Tell us!Opens in a new window
The Osborne - Guest house
Hotel Amenities
Hotel Amenities
A complimentary breakfast is offered.
- Free breakfast
- Tours/ticket assistance
Room Amenities
- Coffee/tea maker
Where to Eat
A complimentary breakfast is offered.
Hotel Policies
Check-in time starts at 2 PM
Check-out time is 10:30 AM
Children and extra beds
- Children are welcome.
You need to know
Extra-person charges may apply and vary depending on property policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
No elevators
Hotel Name
- Osborne Blackpool
- Osborne Guest house Blackpool


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Pacific Blue confirmed (31-Aug-09) plans to launch Sydney-Hamilton service on 31-Aug-09. The carrier also plans to launch Brisbane-Dunedin service on 03-Sep-09 and Sydney-Queenstown and Brisbane-Hamilton service on 05-Sep-09 - see Route Changes Table for more information. [more]
Pacific Blue's new services from Sydney/Brisbane to Hamilton/Queenstown/Dunedin
You may also be interested in the following articles...
CAPA Australia Pacific Aviation Summit: Aviation industry leaders to gather in Brisbane, 3-5 August
Key aviation industry executives will converge on Brisbane this August to debate and discuss the strategic issues facing the region's airline, airport and corporate travel industries.
Qantas CEO Alan Joyce, Jetstar Group CEO Jayne Hrdlicka, Etihad Airways CEO Peter Baumgartner, Garuda Indonesia CEO Arif Wibowo, Air India CMD Ashwani Lohani, Nok Air CEO Patee Sarasin, Tigerair Australia CEO Rob Sharp and Velocity Frequent Flyer CEO Karl Schuster are among the airline industry leaders who will be gathering in Brisbane for the fourth annual CAPA Australia Pacific Aviation Summit on 3-5 August.
The Summit, to be held at the Brisbane Convention & Exhibition Centre, will be hosted by Brisbane Marketing in conjunction with Foundation Partners, Brisbane Airport Corporation and K&L Gates.
Air Canada bulks up capacity for the high season as long term labour stability improves
Air Canada continues to hold a positive outlook for the North American summer high season since the bulk of its capacity is pegged to international markets, including long haul trans-Atlantic and trans-Pacific routes. International expansion remains the airline's most important priority as it is attempting to build a long haul network that rivals its large global airline counterparts in the US.
The airline also continues to drive sixth freedom traffic flows from the US, with the goal of doubling its market share among those passengers over the next couple of years. Air Canada has also subtly capitalised on the anti-Trump sentiment in the US by creating a smart campaign urging US citizens to "test drive" Canada before picking up and moving to the country.
Counter to some large US airlines that are facing tough labour negotiations, Air Canada is enjoying a period of employee stability as all of its major labour groups are now under long-term contracts. The longevity of those agreements allows Air Canada a degree of certainty in labour expense that some of its US peers do not enjoy.


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Watch Video ›
Ever wondered how a penguin sounds when you tickle it? Then you have to see this ticklish little fella!
Watch Video ›
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Online Class
Free Motion Quilting a Sampler
with Leah Day
What are you most proud of? My grandchildren helped me make this quilt. I can not wait to show them the quilt. What advice would you give someone starting this project? The best advice for anyone is just to step out of your comfort zone and try the different fmq designes on a quilt.


text:
Chronic coughBreathlessnessObstructive lung disease (asthma, COPD)Lung cancerObstructive sleep apnoeaPleuro-pulmonary infections (chest infections)Tuberculosis
Consultant Physician, Barnet General Hospital, Barnet & Chase Farm NHS Trust
Royal College of PhysiciansBritish Thoracic Society
I am a general and chest physician at Barnet General Hospital. I have over 15 years experience in respiratory medicine and have a special interest in chest infections, including tuberculosis. My interests include obstructive lung diseases including asthma and chronic obstructive pulmonary disease, and the investigation and management of obstructive sleep apnoea.
I have accumulated considerable expertise at interpreting x-rays, CT scans, and breathing tests to provide a comprehensive assessment. I have a weekly bronchoscopy list to allow further assessment by visualising the breathing tubes in certain conditions.
My research interests mainly focus on tuberculosis, regularly presenting data at international and national meetings.
As a South African it comes as no surprise I am an avid rugby supporter. I enjoy the outdoors and keep fit by running regularly, including marathons.
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German translation of flowerbed
Example Sentences Including 'flowerbed'
Sometimes Alma was seared with jealousy; if only she could have loved me like that... Zoe fell on the flowerbed and Alma shouted.Lost Children
She was exquisite, silently, purely lovely, like a creamy rosebud struggling to assert its beauty in a neglected flowerbed.Noble Beginnnings
Stretching away from the outside wall was a flowerbed in need of weeding, and he saw a clear footprint in the soft earth.A Question of Principle
Trends of 'flowerbed'
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Translation of flowerbed from the Collins English to German Dictionary
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Embellished Neck Cord Round with 7'' Pendant Strings, 4mm, Each
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317 Old Back River Rd Goose Creek Sc 29445 MLS# 1026304
1026304 - Residential real estate
Goose Creek, SC
Owner financing available for this spacious double wide with new carpet and new vinyl. Check out the photos of the nice floor plan, master suite & master bathroom with a garden tub for two as well as a separate shower. There is a huge separate dining room, great for those Thanksgiving meals as well as a separate living room and oh so spacious family room with cozy fireplace. You will love the kitchen, built for the serious cook, or those annual gatherings.
View the Full Details of this Home for Sale in Goose Creek
Please contact us if you have any questions or comments.


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United States District Court, Ninth Circuit
January 10, 2014
TERRELL JONES, a California resident; MICHAEL JOHNSON, a Florida resident; DERRICK PAIGE, a Texas resident; WILFREDO BETANCOURT, a Nevada Resident; YOLANDA McBRAYER, a former Colorado resident; and MICHAEL PIERSON, a North Carolina resident, individually, and on behalf of all others similarly situated, Plaintiffs,v.AGILYSYS, INC., an Ohio corporation; AGILYSYS NV, LLC, a Delaware limited liability company; and DOES 1 through 100, inclusive, Defendants.
SAUNDRA BROWN ARMSTRONG, District Judge
Plaintiffs Terrell Jones, Michael Johnson, Derrick Paige, Wilfredo Betancourt, Yolanda McBrayer and Michael Pierson (collectively "Plaintiffs") are former employees of Agilysys, Inc., and Agilysys NV, LLC (collectively "Defendants") who allege that they were misclassified as nonexempt employees and not paid overtime wages in violation of state and federal wage and hour laws. The parties have entered into an Amended Settlement Agreement that resolves Plaintiffs' claim under section 16(b) the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 216(b).
The parties are presently before the Court on Plaintiffs' renewed Motion for Order Granting Preliminary Approval of Class Action Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Fairness Hearing. Dkt. 30. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS the motion. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed.R.Civ.P. 78(b); N.D. Cal. Civ. L.R. 7-1(b).
On July 6, 2012, Plaintiffs filed suit against Defendants in this Court, and subsequently filed a First Amended Complaint ("Amended Complaint") on August 8, 2012. Dkt. 9. The Amended Complaint alleges violations of the FLSA on behalf of a nationwide class as well as violations of the California Labor Code on behalf of a California class. See First Am. Compl. ¶¶ 14-15. Plaintiffs seek to represent Installation Services ("IS") employees who were misclassified as exempt during the time period between July 5, 2009, and March 4, 2013 ("the Class Period").
Following mediation, the parties reached a settlement of their state and federal claims and filed a Motion for Order Granting Preliminary Approval of Class Action Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Fairness Hearing. Dkt. 26. The Court denied the motion. Dkt. 27. Though finding that Plaintiffs had sufficiently established a basis for conditional certification of a non-California FLSA class, the Court found that they had not satisfied the numerosity requirement for certification of a California class under Federal Rule of Civil Procedure 23 as to Plaintiffs' state law claims. See Jones v. Agilysys, Inc., No. C 12-3516 SBA, 2013 WL 4426504 (N.D. Cal. Aug. 15, 2013).
In response to the Court's order denying their request for preliminary approval, the parties amended their settlement to include only a single, nationwide FLSA class, thereby eliminating the need to certify a separate California class under Rule 23. Dkt. 30. The terms of the amended settlement call for Defendants to pay a Gross Settlement Amount ("GSA") of $1, 478, 819, which sum includes: (a) attorneys' fees in an amount not to exceed 25% of the GSA; (b) litigation costs estimated at $25, 000; (c) Class Representative Payments of up to $5, 000 for each of the six named Plaintiffs; and (d) claims administration expenses to Rust Consulting, Inc. ("Rust Consulting"), estimated at $16, 500. Khoury Decl. ¶ 35, Dkt. 30-2.
Plaintiffs now seek judicial approval of their amended settlement, provisional certification of a collective action under the FLSA for settlement purposes only[1], the appointment of Plaintiffs as the Class Representatives, the appointment of Plaintiffs' attorneys as Class Counsel, approval as to form and authorization to disseminate Notice to the proposed settlement Class, the appointment of Rust Consulting as the claims administrator, and to set a final approval hearing date.
The FLSA requires employers to pay their employees at least a specified minimum hourly wage for work performed, 29 U.S.C. § 206, and to pay one and one-half times the employee's regular rate of pay for hours worked in excess of forty hours per week, 29 U.S.C. § 207(a). To redress violations of the FLSA, § 16(b) of the FLSA authorizes an employee to bring a collective action "on behalf of similarly situated employees, but requires that each employee opt-in to the suit by filing a consent to sue with the district court." Does I thru XXIII v. Advanced Textile Corp. , 214 F.3d 1058, 1064 (9th Cir. 2000) (citing 29 U.S.C. § 216(b)) (emphasis added). Only those claimants who affirmatively opt in by providing a written consent are bound by the results of the action. McElmurry v. U.S. Bank Nat. Ass'n , 495 F.3d 1136, 1139 (9th Cir. 2007).
Although the FLSA does not define "similarly situated, " most federal courts in this Circuit have adopted a two-tiered approach to make that determination on a case-by-case basis. Hill v. R&L Carriers, Inc. , 690 F.Supp.2d 1001, 1009 (N.D. Cal. 2010). The first step is the conditional certification or notice stage, at which time the district court assesses whether potential class members should be notified of the opportunity to opt-in to the action. Sanchez v. Sephora USA, Inc., No. C 11-3396 SBA , 2012 WL 2945753, at *2 (N.D. Cal. July 18, 2012). The purpose of conditional certification is to facilitate "accurate and timely notice concerning the pendency of the collective action, so that they can make informed decisions about whether to participate." Hoffman-La Roche Inc. v. Sperling , 493 U.S. 165, 171 (1989). The second step is the final certification stage, which typically occurs following the completion of discovery, and, barring a settlement, is initiated by a motion for decertification by the defendant. See Hipp v. National Life Ins. Co. , 252 F.3d 1208, 1218 (11th Cir. 2001). If the court finds that the opt-in claimants are similarly situated, the collective action may proceed to judgment. Id . If not, the class is decertified and the opt-in plaintiffs are dismissed without prejudice. Id.
Settlements of private FLSA collective action claims require court approval. See Lynn's Food Stores, Inc. v. United States , 679 F.2d 1350, 1353 (11th Cir. 1982). In reviewing an FLSA settlement, the district court's "[o]bligation is not to act as caretaker but as gatekeeper; [rather, ] it must ensure that private FLSA settlements are appropriate given the FLSA's purposes and that such settlements do not undermine the Act's purposes." Goudie v. Cable Commc'ns, Inc., No. CV 08-507-AC, 2009 WL 88336, *1 (D. Or. Jan. 12, 2009). Although judicial review of a proposed FLSA settlement is not subject to the same requirements as a class action under Rule 23, see Genesis Healthcare Corp. v. Symczyk , 133 S.Ct. 1523, 1529 (2013), some courts have applied Rule 23's procedural framework by analogy as a matter of sound judicial administration, see In re Bank of America Wage and Hour Employment Litig., No. 10-MD-2138-JWL, 2013 WL 6670602, *2 (D. Kan. Dec. 18, 2013) ("Even though Rule 23 does not govern settlements under the FLSA, many courts use Rule 23 factors by analogy when making fairness determinations and the court also looks to those factors in analyzing the parties' agreement here").
As noted, the first step in the settlement approval process is to assess whether the named Plaintiffs are "similarly situated" to the putative class. Earlier in this action the Court determined that Plaintiffs and putative class are similarly situated, and as such, conditional certification of an FLSA class is appropriate. Jones, 2013 WL 4426504, *3. The parties' decision to amend their settlement to include the California plaintiffs in the nationwide class does not alter the Court's prior determination, which is hereby incorporated by reference.
The next step in the approval process entails a preliminary determination that the settlement constitutes a "fair and reasonable resolution of a bona filed dispute." Lynn's Food Stores , 679 F.2d at 1353. "Among the factors relevant to this determination are the course of the negotiations, the existence of any factual or legal questions that place the outcome of the litigation in doubt, the benefits of immediate recovery balanced against litigation, and the parties' belief the settlement is fair." Khanna v. Inter-Con Sec. Sys., Inc., No. CIV S-09-2214 KJM GGH, 2012 WL 4465558, *11 (E.D. Cal. Sept. 25, 2012). The Court also may consider whether the settlement includes an incentive award to the Plaintiffs and the amount of fees to be paid to counsel. Id.
Based on the record presented, the Court finds the proposed settlement constitutes a fair and reasonable resolution of a bona fide dispute. The settlement resulted from arms-length, non-collusive negotiations overseen by a neutral mediator after the parties had exchanged a substantial amount of documents and information. The non-reversionary settlement constitutes between 30% to 60% of recoverable damages, and affords the 127 putative Class Members a tangible monetary benefit. In particular, Plaintiffs estimate that each member should receive $79.98 (before taxes) for each week worked during the Class Period. An employee who worked during the entire Class Period is thus anticipated to receive a gross amount of approximately $15, 287.61. In view of Defendants' continuing denial of liability and assertion that it would have vigorously defended the action had Plaintiffs litigated further, the Court finds that the settlement represents a reasonable result, particularly in light of the risks and delay inherent in further prosecution of the action.
With regard to proposed fee award, the settlement permits Class Counsel to seek the recovery of fees based on 25% of the gross settlement amount. That amount is consistent with the Ninth Circuit's "benchmark" in common fund cases. See In re Bluetooth Headset Prods. Liab. Litig. , 654 F.3d 935, 942 (9th Cir. 2011).[2] With regard to the proposed Class Representative Payments, the amount sought for each Plaintiff also is presumptively reasonable. See e.g., Jacobs v. California State Auto. Ass'n Inter-Ins. Bureau, No. C 07-0362 MHP , 2009 WL 3562871, *5 (N.D. Cal. Oct. 27, 2009) (noting that "a $5, 000 [incentive] payment is presumptively reasonable"). However, the Court notes that Plaintiffs are seeking $5, 000 for each of them, and questions whether all six named Plaintiffs have sufficiently contributed to the litigation to warrant that amount. Ultimately, the Court need not resolve the matter at the preliminary approval stage, since this request will be finally determined in connection with the final approval process.
Accordingly, the Court preliminarily approves the proposed amended settlement, and finds that notice of the action and settlement should be disseminated to the settlement Class. To facilitate the final approval process, the Court appoints the six named Plaintiffs as Class Representatives, appoints Bisnar Chase as Class Counsel, and appoints Rust Consulting as the claims administrator.
The final matter for the Court's consideration is the adequacy of the proposed Notice to the settlement Class. The purpose of an FLSA notice is to alert putative class members of the action and the proposed settlement to allow them the opportunity to opt-in. Hoffman-La Roche , 493 U.S. at 171 (noting that a FLSA notice should include "accurate and timely notice concerning the pendency of the collective action, so that they can make informed decisions about whether to participate."). Here, the proposed Notice provides putative Class Members with sufficient information to render an informed decision about whether or not to opt in. See Khoury Decl. Ex. A. However, to ensure that putative class members are aware that they will not receive a settlement unless they opt in, the first page of the Notice should include a warning that states: "IF YOU DO NOT SUBMIT THE COMBINED CLAIM FORM/FLSA CONSENT TO JOIN FORM' BY THE SPECIFIED DEADLINE, YOU WILL NOT RECEIVE YOUR PORTION OF THE SETTLEMENT."
Finally, the Court notes that the proposed Notice indicates that any putative Class member objecting to the settlement pay appear in propria persona or through counsel at the final approval hearing. In a class action governed by Rule 23, a district court may approve a class action settlement "after a hearing[.]" Fed.R.Civ.P. 23(e)(2). Since Rule 23 does not apply to FLSA actions, there is no corresponding requirement that the Court must conduct a hearing to confer final approval of a FLSA settlement. Indeed, the Court will have an ample record based on the parties' written submissions and objections from putative class members, if any, from which it will be able to ascertain whether the settlement should be finally approved. See Fed.R.Civ.P. 78(b) ("By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings."). As such, the Notice should be modified to state that the motion for final approval and for payment of attorney's fees, costs and incentive awards may be resolved without a hearing.
The Court finds that, for purposes of providing notice of the action and settlement, Plaintiffs are similarly situated with putative class members, and finds preliminary that the proposed settlement constitutes a fair and reasonable resolution of a bona fide dispute. Accordingly,
1. Plaintiffs' Motion for Order Granting Preliminary Approval of Class Action
Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Fairness Hearing is GRANTED.
2. Within five (5) days of the date this Order is filed, the parties shall meet and confer and submit an amended Class Notice that includes the modifications set forth above. The revised Class Notice shall be filed as a stipulation and proposed order approving the notice.
3. Within ten (10) calendar days of the date this Order is filed, Defendants shall forward to Rust Consulting the Class List (formatted as a Microsoft Office Excel spreadsheet) which will include for each Class Member the following: full name, last known address and telephone number to the extent available in Defendants' business records; social security number; dates of employment, identification of the Covered Positions worked during the relevant Class Period, and any other information the Parties agree is necessary to calculate each Class Member's Settlement Payment.
4. Within twenty-one (21) calendar days of the date the revised Class Notice is approved by the Court, Rust Consulting shall mail to each Class Member, by first class, postage pre-paid, the Notice of Class Action Settlement, Claim Form/FLSA Consent to Join Form, and pre-printed, postage paid return envelope (collectively the "Notice Packet");
5. All mailings shall be made to the present and/or last known mailing address of the Class Members based on Defendants' records, as well as addresses that may be updated and located by the Claims Administrator who will conduct standard address searches in cases of returned mail as set forth in the Settlement Agreement. The mailing of the Notice Packet to Class Members as set forth in this paragraph is the best means practicable by which to reach Class Members and is reasonable and adequate pursuant to all constitutional and statutory requirements including all due process requirements;
6. Within thirty (30) calendar days after the initial mailing of the Notice Packet to the Class, Rust Consulting shall mail a "reminder" post-card to those Class Members who have not responded to the Notice of Class Action Settlement with the return of a Claim Form/FLSA Consent to Join Form reminding them of the deadline in which to act to make a claim.
7. Claim Forms/FLSA Consent to Join Forms must be mailed to the Claims Administrator, postmarked on or before sixty (60) calendar days from the initial mailing of the Notice Packet to the Class). Similarly, any objections to the proposed settlement must be filed with the Court and served on the parties' respective counsel on or before sixty (60) calendar days from the initial mailing of the Notice Packet to the Class.
8. The Final Approval hearing shall be held before the undersigned on May 20, 2014, at 1:00 p.m., in the above-entitled Court located at 1301 Clay Street, Courtroom 1, (Fourth Floor), Oakland, California 94612. The motion hearing may be continued or the motion may be resolved without a hearing without further notice to the Class. The parties are advised to check the Court's website to determine whether an appearance on the motion is required.
9. Any motions for final approval of the settlement and for payment of attorney's fees, costs, and incentive awards shall be served and filed with the Court at least thirty-five (35) calendar days prior to the hearing date. Any responses to these motions shall be filed in accordance with the Civil Local Rules of this Court.
10. Pending further order of this Court, all proceedings in this matter except those contemplated herein and in the Amended Settlement Agreement are stayed.
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