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This in Shopping Involving iconic coupon
In the past, the internet was used mainly for connecting people. It has evolved to become a collection of information from all over the world. And now, it has become a platform for businesses. Even though online shopping has become a bigger and more prosperous opportunity now than it has before, some customers are still doubtful of shifting their purchasing activities online. However, there are ways on how to make online shopping pleasant and secure even for first-time shoppers.
Tips on How to Ensure a Safe and Enjoyable Online Shopping Experience
Here are some pointer in online shopping:
- Only shop from reputable websites.
Before you make a purchase, look for a trusted place to buy first. Look for website certified by internet trust organizations. You can also check customer reviews to know about the reliability of the website, especially if it is a new one.
- Look around for coupons.
Sources such as the iconic coupon contain a collection of coupons that you can use in different websites to lessen the purchasing price of the item with which you are interested. Coupons are specified by product and period when it ca be used. Some are available for a limited time or a limited amount so be sure not to miss this kind of opportunity.
- Determine if the web transaction is secure.
Purchase only from a site with secure encryption. This will prevent the details you enter into their page from being leaked or stolen. A good way to spot an SSL encryption would be the site URL. If it starts with HTTPS instead of just HTTP, then it confirms the availability of the encryption.
- Be cautious when using public networks when purchasing online.
As much as possible, only purchase online using a private connection. If you use a public network or connection, you will increase the risk you face when purchasing online. However, if you have no other choice, you should make sure to use an incognito window when shopping online then log out of your account after you are done.


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Sai Dharam Tej is currently on a all-time high with back to back hits. His latest release Supreme has been received very well in most centers. Despite heavy competition from 24, Supreme has managed to rake in good amounts at the box-office.
With a strong run being reported across Nizam, our sources report that the film will be crossing the six crore mark soon which is huge keeping Tej's reach in mind.
Main attractions for the film are the light hearted comedy along with the acting by the main leads.
Ad : Watch Kirrak Comedy Show - Exclusively on Mallemalatv

subset: commoncrawl


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This shows dilemma is very similar to the hard and moral choice made in 24, funny, the channel is the same.
After the last episode i oouldn´t expected worse. Hard decisions are necessary to be done and because a educational minister is now the president, this creates some emotional conflit. As expected, Apollo and Co are fine.
Gaies is more stranger than ever, is really his conscience that is playing with him or he really have a ship installed in his head? Hard to say, but the writers structure a way for that sexy woman to appear and have her share of participation.
The war is lost, so the last part should be interesting, with some resolutions and finding the real traitor.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from essay:
A multi-million dollar corporation is less likely to be concerned about the costs of interns than the potential to find new talent to bring into their firm. The fashion industry thrives on changes in societal attitudes and fast moving trends. An internship in the fashion industry will be an excellent opportunity for the student, but what about for the company?
Hiring an intern has advantages and disadvantages. Like the costs and legalities, the advantages and disadvantages often depend on the individual situation. The key is finding the right match. If the intern is a good match for the firm, the internship will have the advantage of bringing fresh new ideas and creativity to the firm. The intern will enhance the firm, as would any employee that had the right "spark." An intern can help to fill a temporary vacancy in the company, either to be later hired themselves, or to hold the position until a permanent employee can be found.
Another advantage to hiring an intern is the both the company and the intern can "test drive" each other to see if they are a good match without making a more permanent commitment. This can be a key advantage in the fashion industry, as the competition is stiff and there is little room for error. Firms do not have the time to waste with people that do not fit into their brand or their corporate culture. Internships can also be used in a competitive fashion. The company can bring on several interns and they can compete for the permanent positions that are open. The flexibility of internships allows them to be used as a major tool for building the company and enhancing their brand.
Internships have several advantages for the company that makes them an attractive option from the company's standpoint. However, just as there are advantages to hiring an intern, there are also disadvantages as well. Hiring the wrong employee can have a negative impact on the company. This principle still applies to interns. The intern that does not pull their weight can harm the company and the brand that they wish to promote.
Interns are inexperienced and are bound to make mistakes. This is part of the learning process. The relevant question is which mistakes will be made and how detrimental they will be to the company. Interns represent a risk and companies often must consider who will supervise them and how closely they need to be supervised in order to minimize the damage that is caused. This is another key factor in the decision to hire an intern. Interns are beginning level, at best, they have a lot to learn and for most, this will be their first stint into the fashion industry. They cannot be expected to be as valuable and productive as the experienced employee.
Another key disadvantage to the company is that they often do not receive the value from the intern that they receive from a long-term employee. Aside from the experience and potential for mistakes mentioned earlier, the employer must consider the time and expenditure of the training time. Trainees are not as productive as experienced employees. However, the employer expects that in time, the permanent employee will become a productive member of the workforce. This may or may not be true with the intern. The intern may become a permanent employee, or their internship may end before they reach the point of independence and productivity. The company may never see the return for their investment.
As one can see, there are both advantages and disadvantages to hiring interns. Whether the proposition sounds enticing depends on the situation and reason for wanting to hire them. These reasons are as different as the firms themselves. Hiring interns is an investment in the future of the fashion industry as a whole, even if the individual firm does not seem to benefit from the exchange. Hiring interns offers a great public relations opportunity as well. Companies that hire interns are viewed as altruistic and interested in education. Whether the intern is paid or unpaid does not have as much weight as other factors within the firm.
Currently, there are many opportunities for different types of internships in the fashion industry. Whether these internships are paid or unpaid has little relevance to increasing the number of opportunities available in the fashion industry. For large firms, the costs of hiring interns are negligible. However, increasing the number of unpaid internships may help to entice participation by small firms, where the costs have a greater impact.
Offering both paid and unpaid internships may or may not increase the number of opportunities available. It depends on the area and the local market. However, if the student is willing to accept both paid and unpaid internships, they will increase their personal chances of landing one. By only looking for paid internships, they are limiting their possibilities. The main outcome of the experience should be focused on the knowledge and experience gained, not on the pay.
A student searching for an internship should consider several things, aside from pay. They should look at the goals of the internship opportunity to see if they are compatible with their own. They should focus on any potential permanent employment opportunities that are available when the internship ends. They should ask what this internship will do for their career and what they hope to gain from it. Internships are a long-term career move.
The focus should be on the long-term future, rather than short-term gains. If this career minded approach comes out, the student will have a much better chance of landing the internship than if they express over-concern regarding pay. Employers will respect the long-term focus and the ability to plan for the future. Projecting one's attention to the long-term future is the best way to let an employer know that one is serious. Making certain that this is the image that is conveyed is the best way to assure success for both the intern and the company. The opportunities for paid and unpaid internships are numerous and the right attitude is essential to make one stand out in this highly competitive field.
Broward University. Internship Rules. Retrieved June 25, 2009 from http://126.96.36.199/search?q=cache:jXXzaZKORiwJ:www.broward.edu/confluence/do wnload/attachments/1114/Internship%2BRules.doc%3Fversion%3D1+internship+worker s+compensation&cd=8&hl=en&ct=clnk&gl=us&client=firefox-a.
New York State Worker's Compensation Board (2009). Student Interns. Retrieved June 25, 2009
New York University. (2009). Managing Volunteers, Unpaid Interns, and Trainees. Retrieved June 25, 2009 from http://www.nyu.edu/hr/policies/hrmemp14.html.
Simply Hired. (2009). Internship Fashion Salaries. Retrieved June 25, 2009 from http://www.simplyhired.com/a/salary/search/q-Internship+-+Fashion/l-
Texas State University. (n.d.). Fashion Merchandising Internship. Retrieved June 25, 2009 from http://uweb.txstate.edu/~bw09/FM4301/employers.htm.
University of Dreams. (2009). Fashion Internships. Retrieved June 25, 2009 from http://www.summerinternships.com/fashion-internships/
Western Washington University. (n.d.). Employer's Guide to Developing an Internship.
Retrieved June 25, 2009 from http://www.careers.wwu.edu/resources/internshiphandout_employers.pdf.[continue]
"Paid Vs Unpaid Internships The" (2009, June 25) Retrieved December 4, 2016, from http://www.paperdue.com/essay/paid-vs-unpaid-internships-the-20948
"Paid Vs Unpaid Internships The" 25 June 2009. Web.4 December. 2016. <http://www.paperdue.com/essay/paid-vs-unpaid-internships-the-20948>
"Paid Vs Unpaid Internships The", 25 June 2009, Accessed.4 December. 2016, http://www.paperdue.com/essay/paid-vs-unpaid-internships-the-20948
Winter Dreams" the tension between democratic and aristocratic values in America "Winter Dreams" depicts the struggles of a middle-class character who is attempting to prove himself 'worthy' of a woman of American, blue-blooded aristocracy. At the beginning of the story, the hero Dexter is acting as a caddy at a golf course where most of the patrons are of a far higher social class than the caddies. Dexter, a member


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AIRLIE WARD: Election issues affecting Tasmanians are not too different from the rest of Australia.
Tasmanians are also cynical about politicians, demand better health care and are worried about interest rate rises.
But some issues resonate more in Tasmania.
Stateline's Garney Pearce went in search of what might be on the minds of local voters.
GARNEY PEARCE: We're still a fortnight away from polling day and the signs of voter fatigue are already there.
Who better to reflect on the mood of the Tasmanian electorate than someone who spends a lot of time listening.
ANITA FOLTYN, TAXI DRIVER: Just in general comment they say it doesn't matter who you vote for, we're are not going to be any better off because they all promise things but when it comes to the time they keep some of the promises or they modify the promises so that you're not actually getting everything that they promised in the first place and that might have been one of the issues you voted for them for.
Even with the Medicare at the moment, offering all these packages, who's to say once they get in the threshold's going to come down or go up.
GARNEY PEARCE: Cynicism isn't new in an election.
But cabbie Anita Foltyn says her Tasmanian passengers sound particularly disillusioned.
ANITA FOLTYN: Their wage isn't going up but the cost of everything is going up.
A lot of people have said over time they weren't supposed to be worse off with the GST, but they all feel that they are.
GARNEY PEARCE: So is Labor's multibillion-dollar family welfare package, including an $8-a-week tax cut for low- and middle-income earners, a winner in Tasmania?
The Tasmanian Council of Social Service says it isn't clear-cut.
MATT ROWELL, TASCOSS: Over 80 per cent of Tasmanian families missed out on a tax cut which was provided in the May Budget by the Coalition.
So I think people are disappointed about that.
But I also think Tasmanians are looking at the big picture.
There's a body of research which suggests that people would prefer to see more affordable health care, education and housing rather than a small tax cut per week that may only provide for a couple of new items a week.
GARNEY PEARCE: Tasmania is unique.
We have a higher percentage of long-term unemployed and people on disability support pensions.
MATT ROWELL: It's disappointing to see this Dutch auction going on in relation to billions of dollars worth of expenditure now being able to be committed when we've had these problems going on for a long time.
GARNEY PEARCE: Do you think there are any particular Tasmanian issues coming through from the comments you're hearing?
ANITA FOLTYN: It's the basic, everyday thing they're concerned about.
Making sure they've got housing -- which a lot of them are unhappy about because a lot of the Housing Commission houses are being sold off.
GARNEY PEARCE: Political scientist Richard Herr says basic household expenses, tied to housing and health, remain central.
RICHARD HERR, POLITICAL SCIENTIST: I think more issues like whether or not interest rates are a real issue, whether or not the health packages work, whether or not we can expect a tax package that benefits the kind of tax profile that Tasmanians have or more likely to have more effect than logging.
I think this issue is basically something both parties are using as a hook to get green preferences on the mainland.
GARNEY PEARCE: For weeks the major parties have been fighting a phoney war over how old-growth logging can be phased out.
There's talk of huge compensation packages to offset a predicted loss of 1,300 jobs.
Economist Bruce Felmingham believes the issue will bite deepest in Tasmania in the contest for Senate seats.
BRUCE FELMINGHAM, ECONOMIST: May entrench another member for the Greens in the Senate --
GARNEY PEARCE: ..even from here?
Even from here.
It's possible we could get three.
ANITA FOLTYN: I had four young girls from Tranmere and they were making sure they were enrolled to vote.
One of them said, "Oh, I'm voting for the Greens" and they all in unison said they were too.
GARNEY PEARCE: The Government's pitch of steady interest rates will appeal to the flood of new home owners who've jumped aboard Tasmania's housing boom.
Will John Howard's fear campaign about rates rising under Labor work?
Say $350,000 to start me.
BRUCE FELMINGHAM: If they swallow that argument that Labor will force interest rates up, then that will cost seriously.
There is nothing more unpopular than rising interest rates.
CASS BENDIXSEN, HOME BUYER: It's based on fear because Labor hasn't been in power for such a long time.
I buy it a little bit.
GARNEY PEARCE: Cass Bendixsen and her husband have just taken out their first housing loan.
The mother of three says she won't let it dictate the way she votes and doesn't trust the major parties to paint a true picture on rates.
CASS BENDIXSEN: Paul Keating said it was the recession we had to have and he was vilified for saying that.
It didn't get him the job the next time round, did it?
While 3,000 Tasmanians languish on the public waiting list, the average home loan has risen to $130,000.
BRUCE FELMINGHAM: The banks have not served us well in this period of growth in this housing boom because they've been quite happy to build their investment in the equity of somebody's house by lending them up to 90 per cent of the value.
That leaves people exposed to interest rate increases because even at this record low level of interest rates, house affordability indices are way up.
Particularly in Tasmania, they've gone off the sheet and that's created a social problem of the largest dimension and that is young people have been cut out of the market by pricing.
GARNEY PEARCE: This time the State economy is doing far better, which should favour the Government.
Three years ago the Opposition offered to wipe off the State's $300 million debt to the Commonwealth, while the PM released a $38 million package which included an expansion of the Bass Strait vehicle subsidy.
While the Greens chase more Senate seats, polling suggests Labor has lost ground in northern electorates of Bass and Braddon.
That's despite Labor's 'Tasmanian package' favouring marginal Bass -- possibly at the cost of wide State issues.
RICHARD HERR, POLITICAL SCIENTIST: We've lost out to the extent that the federal issues probably don't help us as much as they used to.
It tends to be more of a marginal seat strategy.
NEWSREADER: Tonight -- bombers target the Australian Embassy in Jakarta, killing at least 11 and putting terrorism in the federal election spotlight.
GARNEY PEARCE: Could Tasmanians, tucked away at the bottom of Australia, be swayed by issues of terrorism?
..major terrorist attack.
BRUCE FELMINGHAM: We tend to look upon ourselves as a secure haven.
Would take some major event close to us which would cause this to change at all.
LES POTTER, HAIRDRESSER: John Howard, stable man, unstable times -- sort of that feeling really.
The economy is fairly stable, so most people seem fairly happy.
GARNEY PEARCE: Hobart hairdresser Les Potter is hearing how the Government is winning on the security issue.
For some of Les Potter's clients, the length of the campaign is already wearing thin.
Just looking back over the years, do you think this would be one of the more boring federal election campaigns?
LES POTTER: I think so, especially with six weeks.
By the same token, though, it's a very hard one to pick -- who's actually really in front.
GARNEY PEARCE: It's clear many Tasmanians are indifferent, while others weighing up welfare and family packages may even be confused.
MATT ROWELL: Those policies are really quite complex.
I think it's really hard for Tasmanians on low incomes and people who are in disadvantaged groups to get a handle on what does it actually mean for them.
GARNEY PEARCE: Aside the burning issue of forestry, it's been a low-key federal election campaign for Tasmania -- one which mightn't hot up until grand final fever is over.
LES POTTER: Two grand finals to go through -- that being rugby and AFL.
They want to have those two things out of the way because they drag politics off the front page.
They don't trust any politician at all.
MALE VOICE-OVER: So this election, you will decide.


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Smoked Paprika Roasted Salmon With Wilted Spinach
Total Time
Prep 45 mins
Cook 15 mins
This is from an ad for McCormick Smoked Paprika. It looks really good in the picture. Prep time includes marinating time.
Ingredients Nutrition
- 1⁄4 cup orange juice
- 2 tablespoons olive oil, plus
- 1 teaspoon olive oil, divided
- 2 teaspoons dried thyme
- 2 lbs salmon fillets
- 1 tablespoon brown sugar
- 1 tablespoon smoked paprika
- 1 teaspoon cinnamon
- 1 teaspoon orange peel, grated
- 1⁄2 teaspoon sea salt
- 1 (10 ounce) bag spinach leaves
- Mix orange juice, 2 Tbsp of the oil and 1 tsp of the thyme in a small bowl.
- Place salmon in a large glass dish. Add the marinade; turn to coat well.
- Cover and refrigerate for 30 minutes (or longer for extra flavor.).
- Mix sugar, paprika, cinnamon, orange peel, remaining 1 tsp thyme and sea salt in a small bowl.
- Remove salmon from marinade. Discard any remaining marinade.
- Place in a greased foil-lined baking pan. Rub top of salmon evenly with smoked paprika mixture.
- Roast salmon in preheated 400 degree oven 10-15 minutes or until fish flakes easily with a fork.
- Meanwhile, heat remaining 1 tsp of oil in a large skillet on medium heat.
- Add spinach; cook and stir 2 minutes or until wilted.
- Serve Salmon over spinach.
Most Helpful
I was just searching for this recipe and found it already on the Zaar. This is very good as directed, like others have commented I would marinade for a little longer and I think the addition of garlic would be nice.
This is a great recipe. I added frseh garlic to marinate and also fresh garlic, a little butter, and a little balsamic vinegar to spinach.
Yum! This salmon is really good. I made this as directed, but marinated it for about 4 hours. We liked the seasoning mix, but next time, I think I would cut the cinnamon in half - seemed like a little too much to us. The flavor of the orange zest and juice was really good. Thanks Heather for a great salmon dish. Made for PAC Fall 2008.


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RSSCenter Times
Time Capsule — April 11-20, 2011
Oxygen boost unlocks key to combining cancer treatments
Research News, cancer, rats, radiation therapy, vascular disrupting agents, Dr. Dawen Zhao, Dr. Ralph Mason, Center Times Online, April 11-20, 2011, UT Southwestern Medical Center Read More
Enlisting entrepreneurs to accelerate commercialization
Continuing its series of symposiums on commercializing life science inventions, the Office of Technology Development will host a session this month on the importance of enlisting seasoned entrepreneurs in the process. Read More
Genetic tests: Empowering the vulnerable
At age 29, Kimberly Smith made the decision to have a double mastectomy. So did her sister, at age 25. Neither had breast cancer. Read More
In the News — May 2011
In the News - May 2011 Read More
Research Awards — April 1-10, 2011
Research Awards, March 2011, Center Times Online, grants, April 1-10, 2011, UT Southwestern Medical Center Read More
Postdoc symposium honors excellence in research, mentoring
Postdoctoral scholars and UT Southwestern faculty were recognized for excellence in research and mentoring during the Eighth Annual Postdoctoral Research Symposium. Read More
Breast center tests nation's first approved 3-D mammography device
Staying on top of the latest in imaging technology, UT Southwestern participated in trials of the nation's first approved mammography device that takes three-dimensional images of the breast. Read More
Zimmern cites shortcomings in published outcomes for anti-incontinence surgery
Studies that publish cure rates for anti-incontinence surgery in women often lack thorough patient follow-up data, leaving physicians with no yardstick to measure outcomes, a UT Southwestern researcher suggests in a literature review to be published in th Read More
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text:
There's a joke that scientists are devices for turning coffee into results, and being scientists, they've taken it literally. The following studies show how caffeine makes you a better person, and we're not talking Lifetime channel hand-holding "better person." We're talking faster stronger smarter less likely to die better.
Upgrading Navy SEALs
Scientists decided to see what happens when you subject 68 Navy SEAL trainees to secret drug doses, nonstop stress and three days of sleep deprivation. That's not the sort of experiment that creates Captain America; it's the sort he has to clean up after.
And he has better things to do.
The U.S. Army's Military Nutrition Division, the most badass caterers of all time, took advantage of "Hell Week." That's where the SEALs force as many wannabes as possible to fail, and are so good at it that 22 of the study's 90 volunteers had quit before the scientists even got there. All subjects were "volunteers," but we're fairly sure that saying you're too scared to ingest coffee automatically fails you from SEAL training.
U.S. Army photostream via Flickr
"Pop smoke, they've got a Starbucks! Repeat, we are under heavy grande and need evac!"
After three days of sleep deprivation and constant torture by both superior officers and the sea itself, trainees were given caffeine and tested on marksmanship, cognitive ability, vigilance and saliva. The scientists claimed they were checking the saliva for caffeine levels, but it's more likely a test for insane, drooling, hyperaccelerated crack-shot madmen. At which point they deploy Dolph Lundgren.
They found that 200 milligrams of caffeine significantly improves vigilance, alertness and reaction time, even after half a week awake. These guys are extremely serious about getting things done. Their conclusion recommends caffeine over amphetamines because it's legally and medically easier to give to people. It's also motivating for regular people: If coffee can help Navy goddamn SEALs stay awake for 72 hours of torture, that morning coffee better not just wake you up -- you'd better karate chop through your desk and do a day's work before lunch. Standing. Violently.
Coffee vs. Cancer
Possibly on the grounds that caffeine can do anything, scientists organized a death match between store-bought coffee and human cancer cells. And coffee can't die. This wasn't some advanced caffeine extract irradiated with science rays -- they walked out of the hospital lab, bought four different coffees in the lobby and poured their very-probably-venti liquid into their experiments instead of into themselves. And coffee is so awesome, it's useful in both places.
Though we usually prefer medical researchers not to use a kid's "Pour this in and see what happens" approach.
It exhibited antiproliferative effects on cancer cells, preventing them from multiplying, and multiplying is cancer's entire deal. Even at dilutions of 1:70, the coffee inhibited cancer cell activity. Flow cytometry analysis -- the cellular equivalent of instant replay -- showed that the coffee even made some of the cancer cells kill themselves. That's a level of psychological combat you don't normally see at the cellular level.
"You're fat, you're ugly and, trust us, absolutely no one loves you."
Other studies have shown that caffeine also increases the effectiveness of radiation therapy and tumoricidal drugs. It really helps everything work harder, even gamma rays, and their job is a hell of a lot more important than yours.


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Go vs come?
5 replies
You can say "I am coming to the party" or "I am going to the party". The former implies that the party is imminent, or that you are talking to the party's host.
Except I never get invited to any parties!
Looking for ESL work?: Try our EFL / TOEFL / ESL Jobs Section!
and a fellow guest would ask if you planned to go, and you'd say "yes, I'm going"
If you, as a speaker or listener, are moving to the other party engaged in communination with you one way or another, you are definitely "coming." If the other party, as a speaker or listener, is moving to you in the same situation mentioned above, he is also "coming." In all other cases, you are "going" because you have unilateral destinations by yourself.
Have a question?
People are waiting to help.


text:
Adventitious disorders
Redirected from Acquired disorder
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Assessment |
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Adventitious disorders or acquired disorders are disabilities that are acquired through accidents, infection etc. as opposed to those that are congenital
These would include :


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text:
I have a wicked sweet tooth, and here in South Africa there is no shortage of sweets. From malva pudding to milk tart, I have plenty of desserts to try. Of course, there are some things South Africa doesn't have, like frozen yogurt and ice cream sandwiches, but when it comes to cupcakes, Johannesburg delivers.
These cakes are so moist and Rochelle comes up with such interesting flavors, including a chocolate olive cupcake! Talk about the perfect sweet and salty combo. I love how she has a layer of frosting in the middle of too, which makes for easy eating with a spoon and you never gets bites sans frosting.
These babies are beautifully presented....almost too pretty to eat. Her red velvet cupcake even has a fresh rose on top. I meant to save it to eat at home, but as you can tell from the photo above...it didn't make it through the car ride.
I don't mean to be disloyal to my hometown favorites, but Rochelle's cupcakes are as good if not better than the absolute best in Chicago - Molly's Cupcakes, Cupcake Whimsy, More and Swirlz.
Unfortunately Rochelle doesn't have a website, but if you're in Johannesburg definitely stop by Neighbourgoods Market to give these lovelies a try.
Amber Gibson is an American food & travel writer who has been living in South Africa for the past three months.


text:
1 - 2 Final
No one has shouted yet.
Be the first!
Be the first!
Who You Got?
Tottenham Hotspur
Related News
- Vertonghen signs new three-year Spurs deal Fri
- First-team players not leaving Reds: Klopp Fri
- Six more years for Kane at White Hart Lane Thu
- Liverpool's Coutinho out for five weeks Tue
- We can deal with Coutinho loss: Klopp Mon
- Coutinho to undergo scans on ankle Nov 27
- Reds overcome adversity and Sunderland Nov 26
- We need to improve mentality: Pochettino Nov 22
- Pochettino hails Kane as elite striker Nov 19
- Adam Lallana set to undergo scans Nov 17
- Klopp the reason we're winning: Coutinho Nov 15


text:
The SEC Whistleblower Office is now officially one year old, and next month its chief, Sean McKessy, is slated to go before the US Congress to report on the program's status. At the recent American Corporate Counsel's annual meeting in Orlando, I was privileged to get a sneak preview of that report. The Office has been very busy and it looks like it's only going to get busier.
McKessy says that the SEC Whistleblower Office is planning on adding four more employees to the ten lawyers who currently triage and evaluate whistleblower tips before forwarding them to the SEC's enforcement arm for possible action. They'll need the extra staff if whistleblower tips continue to roll in at the present rate of about eight a day, or a total of 2,870 in the twelve months between August 12, 2011 and August 12, 2012. In fiscal 2011, which roughly corresponds to the same period, the SEC brought 735 enforcement actions and issued 299 notices of enforcement actions.
Tips have been received from all 50 U.S. states, with New York, California and Florida being the most productive. Tips have come in from all over the world as well, especially China, the UK and India. Whistleblowers emerged from all ranks within the company being reported on, and from non-employees: ex-spouses of employees have proved a particularly fruitful source. The two leading types of securities fraud being reported are corporate disclosure failures and manipulation of public offerings.
This news comes on the heels of the first actual payment to a whistleblower under the SEC's program. This seems very small in comparison to the millions of dollars paid out in a single qui tam suit, or the parameters of the program itself which promised 10% to 30% of awards collected over $1 million. The key word here is "collected": in this case, the award against the entity was well over $1 million, but the SEC has only been able to collect a little of this so far.
McKessy tried to convince a skeptical audience of corporate lawyers that the bounty program does not undermine corporate compliance programs, which encourage employees to report misconduct internally. He pointed out that the amount of the award may be enhanced if the whistleblower has already reported internally, and will be reduced if the whistleblower has demonstrated "interference with the in-house compliance program." (By not reporting internally? Mr. McKessy didn't say.)
The 120-day rule is also supposed to support internal reporting methods: the whistleblower's place in line is protected for 120 days after reporting internally, so if another tipster beats him to the SEC within that period, the internal whistleblower will still be eligible for the government payout. What this rule actually does is place extreme time pressure on the company to thoroughly investigate all internal reports, and if necessary, take remedial action and self-report to the SEC. The company can then hope for some credit from the SEC for its compliance efforts. In this regard, companies can take some heart from the recent decision in US v. Peterson, a Foreign Corrupt Practices Act case where Morgan Stanley was let off the hook completely because of its strong compliance program. Peterson was judged just a "rogue employee" who conspired to circumvent Morgan Stanley's excellent and effective policies.
Another point McKessy made is that the SEC has the power to bring an action for whistleblower retaliation, independent of the individual whistleblower's right to sue under the Sarbanes-Oxley or Dodd Frank Acts. The fact that the whistleblower does not ultimately receive an award from the SEC is not relevant to the retaliation claim.
The take-away from this insight into the workings of the Whistleblower Office? Establishing and maintaining a robust corporate compliance program is more important than ever. Communicating clearly and repeatedly about how to report and what to report is key. And make sure your anti-retaliation policy is understood throughout the entire organization.


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decided: October 9, 1975.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA PUBLIC UTILITY COMMISSION AND INTERSTATE ENERGY COMPANY, INTERVENING APPELLEE,v.READING COMPANY, DEBTOR, APPELLANT
Appeal from the Order of the Pennsylvania Public Utility Commission in case of In Re: Application of Interstate Energy Company, a Delaware corporation, for an Order or Orders approving the construction, below grade, of its pipeline facilities to cross below the tracks of the Reading Company and others, No. A-98632.
Joseph M. O'Malley, for appellant.
Jay Rosenbush, with him Phillip R. Mann, Edward Munce, Counsel, and Peter W. Brown, Chief Counsel, for appellee.
Peter Platten, with him, of counsel, Ballard, Spahr, Andrews & Ingersoll, for intervening appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Wilkinson.
[ 21 Pa. Commw. Page 335]
This matter is before us on a motion to quash. The issue is a narrow one and turns on whether a petition timely filed by appellant before the Pennsylvania Public Utility Commission, entitled "Petition of . . . for Rehearing, Reargument, Modification and Rescission of the Commission's order of November 12, 1974" was in fact and law a petition for "Rehearing and Reargument, Modification and Rescission" or merely a petition for "Modification and Rescission." The point, through narrow and at first impression technical, is critical, for a petition for rehearing under Section 1006 of the Public Utility Law, Act of May 28, 1937, P. L. 1053, as amended, 66 P.S. § 1396, invokes the provision of Section 1101 of the Public Utility Law, 66 P.S. § 1431, extending the time for appeal to be timely filed if filed within 30 days after the entry of the order refusing the petition, referred to in the Public Utility Law as an application. On the other hand, a petition for modification and rescission is filed under the provisions of Section 1007 of the Public Utility Law, 66 P.S. § 1397, and does not extend the time for appeal.
The facts here involved, as they relate to the motion to quash and as succinctly stated in appellant Reading
[ 21 Pa. Commw. Page 336]
Company's history of the case, are that on November 12, 1974, the Public Utility Commission issued its order with an entry date of November 18, 1974, approving intervening appellee's applications. Within 15 days of the entry of this order, appellant filed the petition here in dispute. Appellee filed a motion with the Commission to quash the petition on the ground, inter alia, that it was not a proper petition for rehearing. On February 7, 1975, with the exception of minor modifications not here important, the Public Utility Commission refused the appellant's petition. On March 5, 1975, appellant filed this appeal from the Public Utility Commission's order of November 12, 1974. This appeal from the November 12, 1974 order would be timely if the petition in question were properly characterized as being one for rehearing and would be untimely filed if merely for amendment and rescission. We must hold that it is properly characterized as only a petition for amendment and rescission and, therefore, must grant the motion to quash.
Cases involving whether a petition is properly one for rehearing or merely for amendment and rescission have been before this Court when the petitioner desired it to be considered one for amendment and rescission and the respondent asserted it to be in actuality a petition for rehearing. In those cases, the petition in question has been filed more than 15 days beyond the date of the service of the order and, therefore untimely as one for rehearing. See Department of Transportation v. P.U.C., 3 Pa. Commonwealth Ct. 554, 284 A.2d 330 (1971). Such is not the case here, for the petition was filed within the 15-day period.
The petition in question does not allege that there is new or even further cumulative evidence to present and, of course, could not allege why it was not available at the time of the hearing. A petition for rehearing presupposes the offering of additional testimony of some
[ 21 Pa. Commw. Page 337]
sort. See Bucks County Board of Commissioners v. Pennsylvania Public Utility Commission, 11 Pa. Commonwealth Ct. 487, 313 A.2d 185 (1973).
Two points are of considerable persuasion although neither is controlling. Appellant, in its petition, does not specify or identify under which section or sections of the Act it is filing its petition. Further, the prayer of the petition, quoted completely, is:
"WHEREFORE, petitioners pray that your Honorable Commission rescind the order adopted November 18, 1974 and dismiss the application for lack of jurisdiction. Petitioners are prepared to attend further hearings and arguments on the items raised in this petition."
Significantly, it does not pray that the record be opened and additional testimony admitted, nor does it pray for a further hearing. Importantly, it does not state that if a further hearing is held, appellant will present any testimony much less identify such testimony. Indeed, it merely states that appellant is prepared to attend further hearings and arguments. Surely, such a prayer of a petition cannot seriously be characterized as asking for a rehearing.
Appellant argues that since the appellee had filed a motion with the Public Utility Commission to dismiss the petition because it could not be considered as in proper form to request a rehearing and the Commission did not grant the motion to dismiss, but rather dismissed the petition on its merits, the Commission must have considered it as a proper petition for rehearing. Not so. The Commission need not have considered the motion to dismiss on procedural grounds when it dismissed the petition on the merits. Here, we do not have the merits before us, but only the procedural question.
The appellant's reliance on Brinks, Inc. v. Pennsylvania Public Utility Commission, 16 Pa. Commonwealth Ct. 300, 328 A.2d 582 (1974), is misplaced. In Brinks,
[ 21 Pa. Commw. Page 338]
the appellant asserted that the petition filed with the Commission more than 15 days after the entry of the order and, therefore, too late to be one for rehearing, was one for amendment and rescission which can be filed at any time. However, it then wanted to have the Commission reconsider its original order as though it were a petition for rehearing. It is to that point that Judge Crumlish spoke when he said that the appellant was raising the arbitrary and capricious nature of the short form order which should be raised on a petition for rehearing or on an appeal to this Court. These issues could have been raised on a petition for rehearing in Brinks and in the instant case if, but only if, new evidence was alleged in the petition. Lacking that new evidence, the alleged arbitrary and capricious nature of the order in both Brinks and this case must be raised on appeal taken within the time limit which is not extended by a pending petition for amendment and rescission. This is the holding of Brinks and is our holding here.
Accordingly, we enter the following
Now, October 9, 1975, intervening appellee's motion to quash is granted and this appeal dismissed.
Motion to quash granted. Appeal dismissed.
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A Sturgis residence is expected to be declared a total loss following a fire last week. The Sturgis Fire Department was dispatched at 7 a.m. Friday to a single-family residence at 316 S. Maple St. Upon arrival, firefighters noticed heavy smoke coming from the roof vents at the rear of the residence, according to a department media release. All residents …Read More »
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Cass County Sheriff's deputies responded this week to a collision between a passenger vehicle and a plow truck. The incident occurred at 12:12 a.m. Thursday on U.S. 12, just east of Cassopolis Road in Mason Township. Deputies said an eastbound car driven by 39-year-old Erek Szymanski, of Mishawaka, crossed the centerline after the driver fell asleep. His vehicle struck a …Read More »
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No injuries in collision
Sheriff's officials responded to a three vehicle collision Thursday in Mottville Township. According to a department media release, a 22-year-old Vandalia man was driving west on U.S. 12 when he entered a white-out section. The man unknowingly crossed the centerline and stopped his vehicle in the shoulder of the eastbound lane. An eastbound semi, driven by a 45-year-old man from …Read More »
One injured in crash
An Indiana man was taken to the hospital after he was involved in a two-vehicle accident Thursday in Park Township. According to the St. Joseph County Sheriff's Department, the 51-year-old man was attempting to cross U.S. 131 from Heimbach Road, when his pickup was struck by a southbound semi. The force of the collision tore the bed from the cab …Read More »


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Managing IBM License Complexity
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Tony Trupiano has spent the better part of the past twenty-plus years in and around the media. As the host of his own nationally syndicated, regional and local radio programs. Tony is now hosting an Internet show on BlogTalkRadio.com/AUN America. Tony has interviewed over 35,000 guests and appeared as a guest on over 900 radio and national television shows.
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Hotel De Loft: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Veurne, Belgium.
Situated less than a 20-minute stroll from Koksijde Railway Station, Hotel De Loft offers guests a convenient base while in Veurne. It also provides a playground, bicycle rental and meeting rooms.
Hotel description
De Loft has 8 modern rooms that are equipped with all the necessities to ensure a comfortable stay.
Hotel De Loft Veurne provides breakfast each morning that guests can enjoy before heading out to explore the surrounding area. For those on the move, the hotel offers packed lunches if required.
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Alarm: Fire, Bath: Master, Closet: Walk-In, Dishwasher, Built-In, Disposal, Oven: Gas, Range: Gas, Range/Oven: Built-In
Basement Slab
Fireplaces 0
Window Cov: Blinds
Air Cond: Central Air; Gas
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Exterior: Stucco
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Driveway Circular, Concrete
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Other Features Include:
Subdivision: ESTRELLA ESTATES
Inclusions: Ceiling Fan, Microwave, Range, Refrigerator
Amenities: Cable Tv Wired, Electric Dryer Hookup
Sewer: Septic
Utilities Sewer: Septic Tank
Accessibility 32" Wide Doorways, Ground Level
Storage Garage
Taxes 1164
School District: Grand
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text: Cast: 1m., 1w., minimum. Expandable up to 20 actors Vaughn McBride is a superior playwright who has worked for years with the Actors Theatre of Louisville and as a teacher and mentor to young playwrights with the Walden Theatre in Louisville. This talent and these experiences have combined in this unique work which is best described to you by the playwright: "When I first began teaching playwriting at Walden Theatre I quickly learned that honesty is not the best policy...it is the only policy. As I encouraged young minds to write from the reality and basic honesty of their own feelings and place in life, a new kind of writing was opened up to me. Most of the pieces in Echoes were written for a particular student, a particular personality. Many are drawn from events and emotions which the young people shared with me. Should a particular piece be too graphic, too out of place for the usage you plan, it can be eliminated. I feel strongly that there is much truth in these pages. Although individually these Echoes may prove valuable as audition pieces or contest material, they are primarily meant for presentation as an event...a showcase evening for young talent. The number and diversity of the monologues provide the director the opportunity to shape the evening around the talent to be showcased and the audience to be played to. It is the director's choice as to the number of pieces and the order and length of the production. Echoes I and Echoes II simply provide the bookends. This playbook includes the following titles MONOLOGUES


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at University of the Sciences will offer a new and exciting, discovery-based research program to supplement its traditional undergraduate curriculum next fall. That's because USciences was one of 17 U.S. colleges and universities selected to participate in Howard Hughes Medical Institute's prestigious Science Education Alliance: Phage Hunters Advancing Genomics and Evolutionary Science Program (
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Here's how it works: Accepted first-year students who are interested in participating in SEA-PHAGES next school year are required to submit a brief letter explaining their interest in the program –along with their enrollment deposit– to the USciences Admission Office. From there, the letters of interest for the program will be reviewed, and acceptance will be granted on a first-come, first-serve basis; thus early responses will result in a higher likelihood of enrollment in this program.
Students selected to participate in the SEA-PHAGES program will take the same introductory biology lecture section as students enrolled in the traditional laboratory sections. However, they will be doing different experiments that will require more time and effort compared to their peers in the traditional laboratory sections. These efforts will be reflected in more earned credits, as well as the opportunity for students to add their results to a national database, present research at the annual SEA-PHAGES conference, and potentially publish research in a scientific journal.
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August 31, 2012
RAJAGOPALA SAMPATH RAGHAVENDRA, ALSO KNOWN AS RANDY S. RAGHAVENDRA, PLAINTIFF,v.THE TRUSTEES OF COLUMBIA UNIVERSITY, ET AL., DEFENDANTS.RAJAGOPALA SAMPATH RAGHAVENDRA, FOUNDER, RACIAL EQUALITY STRUGGLES FOR COLUMBIA UNIVERSITY EMPLOYEES (RESCUE) AD HOC COMMITTEE, ALSO KNOWN AS RANDY S. RAGHAVENDRA, PLAINTIFF,v.NATIONAL LABOR RELATIONS BOARD, ET AL., DEFENDANTS.RAJAGOPALA SAMPATH RAGHAVENDRA, ALSO KNOWN AS RANDY S. RAGHAVENDRA, PLAINTIFF,v.THE TRUSTEES OF COLUMBIA UNIVERSITY, ET AL., DEFENDANTS.
On February 19, 2010, this Court held that Plaintiff Rajagopala Raghavendra's ("Raghavendra") settlement agreement with his former employer, the Trustees of Columbia University in the City of New York ("Columbia") was valid and enforceable, and that Raghavendra's counsel, Louis D. Stober, Jr. and the Law Offices of Louis D. Stober, Jr., LLC (the "Stober Defendants") were entitled to recover their full contingency fee, as agreed upon in their retainer agreement. See Raghavendra v. Trustees of Columbia Univ., 686 F. Supp. 2d 332, 334-35 (S.D.N.Y. 2010). On appeal, the Second Circuit affirmed the holding that the settlement agreement was valid and enforceable, but remanded the attorneys' fees issue for further factual findings regarding "the timing of the commencement of counsel's representation and the pendency of other cases, litigated pro se, that are folded into the settlement." Raghavendra v. Trustees of Columbia Univ., 434 F. App'x 31, 32 (2d Cir. 2011). This Court referred the matter to Magistrate Judge Henry Pitman to make further factual findings and issue a Report and Recommendation ("R&R").
On July 11, 2012, Magistrate Judge Pitman issued a thorough and scholarly R&R, recommending that the Court award the Stober Defendants one-third of the settlement proceeds in legal fees, less a credit in favor of Raghavendra in the amount of $10,000.00. On August 17, 2012, Raghavendra filed a barrage of objections. For the reasons that follow, the Court rejects all objections and adopts the R&R in its entirety.
On September 6, 2006, Raghavendra instituted the 06 Civ. 6841 action against Columbia, Lee Bollinger, Robert Kasdin, and William Scott (collectively, the "Columbia Defendants"), alleging generally that the Columbia Defendants violated Raghavendra's civil rights and retaliated against him when he complained about it. The alleged conduct commenced in 2001, leading up to his claimed wrongful termination in 2005.*fn2
Approximately one year after initiating the 06 Civ. 6841 action, Raghavendra retained the Stober Defendants as counsel, but only for his federal human rights action against Columbia, and not for any other action or proceeding. The retainer agreement, date July 10, 2007 and signed by Raghavendra, provided that Raghavendra would (1) pay a non-refundable up-front fee of $10,000 to the Stober Defendants as well as "one-third (33.33%) of all monies received"; (2) pay for all costs incurred by the Stober Defendants in litigating the action; and (3) receive a credit for the up-front fee against any one-third contingency fee awarded by the Court. Raghavendra paid the $10,000 up-front fee.
By the time Raghavendra retained counsel, a motion to dismiss had been fully briefed in the 06 Civ. 6841 action. On July 7, 2008, the Court dismissed most of Raghavendra's claims, leaving only his retaliation and failure to promote claims against the Columbia Defendants, and wrongful termination claim against Columbia.
On September 19, 2008, Raghavendra, proceeding pro se, filed a second action (08 Civ. 8120) against the Columbia Defendants, the National Labor Relations Board ("NLRB"), Celeste Mattina, a director for the NLRB, and Laura Barbieri, an attorney of Schoeman, Updike & Kaufman, LLP, alleging various acts of employment discrimination, civil rights violations, violations of other federal statutes, and various common law claims. (See R&R 19-20.) Defendants moved to dismiss and on August 27, 2009, Magistrate Judge Pitman issued a R&R recommending that the Court dismiss all claims raised against NLRB, Mattina, and Barbieri.
On January 5, 2009, the Columbia Defendants removed to this Court another action that Raghavendra initiated pro se on August 30, 2006 in New York State Supreme Court. In this pro se action, 09 Civ. 0019, Raghavendra asserted claims against the Columbia Defendants for a hostile work environment, failure to promote and re-hire on the basis of age and ethnicity, conspiracy to discriminate, and retaliation. On January 12, 2009, the Columbia Defendants moved, pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss Raghavendra's complaint.
All of Raghavendra's actions were scheduled for a July 30, 2009 mediation. After representing Raghavendra for approximately two years, and approximately one month before the mediation, on June 26, 2009, the Stober Defendants moved to withdraw as Raghavendra's counsel. They nonetheless continued to represent Raghavendra while their motion was pending. On July 23, 2009, Raghavendra sent the Stober Defendants an email summarizing the key facts and most important points about his three actions, which Raghavendra believed would aid in presenting his case, estimating damages, and presenting possible relief or settlement options at the scheduled mediation. He attached a schedule of damages to this email.
On July 30, 2009, at the conclusion of the all day mediation session, which involved Raghavendra, the Stober Defendants, Columbia and their counsel, as well as a mediator, Raghavendra signed a settlement agreement (the "Settlement Agreement"). The Settlement Agreement provided for the withdrawal of Raghavendra's claims in all three actions, in return for the payment of a very substantial dollar settlement award representing a high multiple of Raghavendra's annual salary,*fn3 and it also addresses how employment references will be handled in the future. The Settlement Agreement did not, however, allocate payments between the three actions. The Settlement Agreement states: "The terms set forth above are final and binding upon the parties." As the Settlement Agreement resolved all of Raghavendra's actions, the Court did not need to adopt, modify, or address Magistrate Judge Pitman's R&R in 08 Civ. 8120 action, see supra, 3 n.2; or rule on the defendants' motion to dismiss in 09 Civ. 0019 action.
Apparently suffering a bout of settlers' remorse, Raghavendra almost immediately tried to walk away from his Settlement Agreement and objected to any payment of legal fees to the Stober Defendants. The Second Circuit has affirmed the determination that the Settlement Agreement is binding and enforceable. The Court turns to the remaining issue: the Stober Defendants' legal fees as they may be affected by the timing of the commencement of representation and the value of the pro se cases which may have been folded into the settlement.
II.Magistrate Judge Pitman's Report and Recommendation
Magistrate Judge Pitman determined that Raghavendra's pro se actions did not contribute to the value of the settlement, and thus recommended that the Court award the Stober Defendants one-third of the settlement proceeds, minus $10,000.00, as specified in their retainer agreement. He also recommended that the Court deny Raghavendra's motions to consolidate and to dismiss the Stober Defendants' claim for fees.
To determine the value of the Raghavendra's pro se actions on the settlement award, Magistrate Judge Pitman first analyzed the similarity of the three actions. He found that all three actions are based on similar factual allegations: Raghavendra, an over-forty "Black (Dark-skinned) male of East-Indian Race," was employed by Columbia and supervised by defendant Scott, and was (1) subject to a hostile work environment based on his race, color, and national origin and (2) retaliated against for making internal complaint and filing suit in New York Supreme Court alleging discrimination. (R&R 24-25.) Magistrate Judge Pitman concluded that "[t]he 08 Civ. 8120 and 09 Civ. 0019 actions are, in essence, continuations of plaintiff's 06 Civ. 6841 action." They merely repeat allegations that the Columbia Defendants continued to discriminate against him by preventing him from organizing a Racial Equality Struggles for Columbia University Employees Fund (the "RESCUE Fund") and refusing to re-hire him. (Id. 25-26.) Indeed, "virtually all the claims asserted in [Raghavendra's] pro se actions are redundant of the claims that [he] asserted in the 06 Civ. 6841 action." (See id. 26-28.) Raghavendra's redundant pro se claims cannot have increased his settlement recovery because a plaintiff cannot recover twice for the same injury. See Lanzetta v. Florio's Enter., Inc., 08 Civ. 6181 (DC), 2011 WL 3209521 at *5 (S.D.N.Y. July 27, 2011); (R&R 31-32).
Magistrate Judge Pitman then analyzed the few non-redundant claims raised in Raghavendra's pro se actions, and found that these claims were either meritless or already accounted for in the generous settlement award in the 06 Civ. 6841 action. (See R&R 28-30.) Specifically, he found that Raghavendra's claims against the NLRB Defendants and Mattina lack merit, for the reasons stated in his prior R&R. Further, even when construing Raghavendra's allegations in the light most favorable to him, Magistrate Judge Pitman found that Raghavendra "simply fails to demonstrate that as a result of the Columbia Defendants' actions, he was prevented -- and, thus, deprived of his right -- to create the [RESCUE] Fund." (R&R 30-31.) Raghavendra had not alleged any additional facts in his pro se complaints to suggest that his prospects of recovery at trial would have been enhanced under his failure to re-hire, failure to provide references, and continuing retaliation claims. (R&R 33.) Thus, Magistrate Judge Pitman concluded that even if Raghavendra went to trial and prevailed on his Title VII, ADEA, Title VI, Section 1981, NYSHRL and NYCHRL, conspiracy and aiding and abetting claims, "he likely would not have recovered damages beyond those recoverable in the 06 Civ. 6841 action."
(R&R 31-32.) Accordingly, Magistrate Judge Pitman found that the pro se actions did not contribute value to the Settlement Agreement.
Magistrate Judge Pitman next addressed Raghavendra's argument that the Stober Defendants were not representing him during the mediation because they had already moved to withdraw as counsel. He determined that Raghavendra's argument was without merit because Raghavendra was aware of the motion to withdraw, Raghavendra conceded that he provided the Stober Defendants with information to assist them during the mediation, and otherwise "accepted their professional service." (R&R 34.)
Having determined that the pro se actions did not contribute to the value of the settlement, and in light of this Court's prior ruling finding the retainer agreement valid and enforceable, Magistrate Judge Pitman found the Stober Defendants "are entitled to recover legal fees consistent with their retainer agreement"-i.e., one-third of the settlement amount, less $10,000.00 for the up-front fee provided. (Id.)
Finally, Magistrate Judge Pitman recommended that the Court deny Raghavendra's motion to consolidate this action with his 11 Civ. 9251 action as moot, because that action has since been remanded to New York Supreme Court for lack of subject matter jurisdiction. He further recommended that the Court deny Raghavendra's motion to dismiss the Stober Defendants' request for fees because, for the reasons discussed above, the motion is meritless.
In reviewing a report and recommendation, a court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). When a timely objection is made to the magistrate's recommendations, the court is required to review the contested portions de novo. Pizarro v. Bartlett, 776 F. Supp. 815, 817 (S.D.N.Y. 1991). The court "may adopt those portions of the [R&R] to which no objections have been made and which are not facially erroneous." La Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000).
After Magistrate Judge Pitman issued his R&R, Raghavendra filed motions*fn4 to enforce the Settlement Agreement on August 16, 2012, and filed objections to the R&R, on August 17, 2012. Both Raghavendra's objections and his new motions are discussed below.
A. Raghavendra's Objections to the R&R
Raghavendra raises seven objections, all of which are familiar to those who know the history of this decade long dispute, including that the R&R: (1) disregards the severity of Raghavendra's suffering (Objections 7-8); (2) omits and disregards the objectives of Ragavendra's various lawsuits (id. 8-15); (3) fails to comply with the Second Circuit's order (id. 15-19); (4) incorrectly and prematurely determines that the retainer agreement is valid (id. 19-21); (5) omits important facts (id. 21-25); (6) disregards the Stober Defendants' professional misconduct (id. 25-32); and (7) fails to recognize that the District Court lacks jurisdiction over Raghavendra's New York State Court action (id. 33-34).
Raghavendra's first objection regarding the severity of his suffering is, in essence, an objection to the size of the settlement award. The Second Circuit has already affirmed the District Court's finding that the Settlement Agreement is valid and enforceable, Raghavendra, 434 F. App'x 31. Raghavendra's first objection is thus rejected.
Raghavendra's second objection provides a summary of his five actions,*fn5 lists his purpose in instituting each of these actions, estimates the damages sought in each action, and provides the status of each action at the time of settlement. In large part, Raghavendra's summary tracks the factual recitation in the R&R and thus is not an "objection." Raghavendra's claim that he filed two additional "actions" that were not discussed in the R&R-an EEOC complaint and a 2003 New York Supreme Court action that raised discrimination allegations similar to those raised in the 06 Civ. 6841 action-does not warrant modifying Magistrate Judge Pitman's legal analysis, as discussed below. Furthermore, while the R&R does not recite Raghavendra's estimate of damages for each action-which is frequently listed at $7.5 Million per action-that is because there is no factual support for any of the numbers he projects. Accordingly, Raghavendra's second objection is without merit.
Raghavendra's third objection is that the R&R did not comply with the Second Circuit's mandate. In support of this objection, Raghavendra quotes at length from the oral argument transcript before the Second Circuit, predominantly highlighting arguments that his attorney made in support of his claims. But Magistrate Judge Pitman followed precisely the Second Circuit's requirements. He made "factual findings that bear upon the award of fees including, inter alia, the timing of the commencement of counsel's representation and the pendency of other cases, litigated prose, that are folded into the settlement," Raghavendra, 434 Fed. App'x at 32. Accordingly, the Court rejects Raghavendra's third objection.
Raghavendra's fourth objection is that Magistrate Judge Pitman prematurely determined that the retainer agreement was valid before Raghavedra tried his action against the Stober Defendants in New York State Supreme Court for "Fraudulent Inducement of Retainer, Breach of Attorney Contract, Unjust Enrichment, Negligent Misrepresentation, Legal Malpractice, etc." (Objections 19.) This Court, however, previously determined that the retainer agreement was valid and enforceable, Raghavendra, 686 F. Supp. 2d at 337, and the Second Circuit did not hold otherwise. The fact that Raghavendra is currently litigating a state court action regarding the Stober Defendants' professional conduct is not a sufficient reason to modify or reject the Court's earlier holding, or delay deciding the issue. Accordingly, Raghavendra's fourth objection is without merit.
Raghavendra's fifth objection raises a number of challenges to the R&R's factual recitation. Raghavendra seeks to take advantage of his practice of filing multiple repetitive actions by claiming now which ones were the most effective in achieving the settlement amount he tried to reject. First, Raghavendra claims that his 2003 New York State court action was scheduled for trial on September 24, 2009, and thus contributed more to the value of the settlement than the 06 Civ. 6841 action.*fn6 But the 2003 action, which Raghavendra initiated before he was fired from Columbia, raised allegations of discrimination that were similar to Raghavendra's 06 Civ. 6841 action. The same allegations were then repeated and elaborated on in Raghavendra's subsequent filed actions: 06 Civ. 6841, 08 Civ. 8120, and 09 Civ. 0019. Except for the fact that, after a six-year course in State court, this case was scheduled for trial, Raghavendra does not provide any facts to suggest that his recovery would have been greater under his 2003 state court action than in any of his other actions. Accordingly, since the 2003 State court action raised similar discrimination claims to those raised in 06 Civ. 6841, there is no reason to find that this action contributed any additional value to the Settlement Agreement.
Raghavendra next argues that the R&R ignored that his 06 Civ. 6841 action sought only back-pay damages; and incorrectly found that his 08 Civ. 8120 and 09 Civ. 0019 actions were redundant of his 06 Civ. 6841 action, when he estimated that his damages would have been greater in his 08 Civ. 8120 and 09 Civ. 0019 actions. The R&R, however, did not ignore Raghavendra's argument that the 06 Civ. 6841 action only sought back-pay damages (see R&R 12), but instead concluded rightly that the settlement award compensated Raghavendra for the conduct alleged in the 06 Civ. 6841 action, which was largely redundant of the conduct alleged in the 08 Civ. 8120 and 09 Civ. 0019 actions.*fn7 Raghavendra offers no factual support for his damages estimates, as discussed above.*fn8 There is nothing to suggest that if Raghavendra proved the facts alleged in the 08 Civ. 8120 and 09 Civ. 0019 actions at trial, that he would have received a greater monetary award. Accordingly, the fact that Raghavendra sought different damages awards in different cases does not warrant lessening the Stober Defendants' fees for securing a Settlement Agreement that compensated Raghavendra for the alleged wrongful conduct in all actions.
Raghavendra also objects to the R&R's conclusion that the Stober Defendants represented him in the mediation. This fact, however, is adequately supported by the evidence, including Raghavendra's email to the Stober Defendants a week before the mediation advising them of the merits of each of his actions and estimate of damages to aid them in securing a sufficient settlement.
Raghavendra's sixth objection concerns the Stober Defendants' purported attorney misconduct. As stated in this Court's prior opinion granting Raghavendra's motion to remand, see Raghavendra v. Stober, 11 Civ. 9251, the Court lacks subject matter jurisdiction to hear these arguments. Accordingly, the Court will not consider this objection here. Indeed, Raghavendra's final objection, which again is not an actual objection, claims that the Court lacks jurisdiction over his state law claims.
Raghavendra's objections are without merit or otherwise raise issues that the Court cannot or will not consider in ruling on this R&R. The Court has reviewed the remaining portions of the R&R for clear error and finds none. Accordingly, the Court adopts the R&R in its entirety.
B. Raghavendra's Motions to Enforce the Settlement Agreement
Raghavendra recently filed three additional motions, seeking to enforce the Settlement Agreement, which he requests be paid in full directly to him, and to dismiss the Stober Defendants' claim for attorneys' fees, or, in the alternative, to create an escrow account to hold the 30 to 50 billable hours worth of fees allegedly earned by the Stober Defendants. Raghavendra wrongfully argues that the Settlement Award has been "illegally withheld" by the Columbia Defendants for over three-years. It was Raghavendra, however, that caused this delay by filing repeated motions seeking to disavow the Settlement Agreement and strip the Stober Defendants of their legal fees. Raghavendra has the misguided notion that it is the quantity of the actions instituted and motions filed, rather than the quality of the arguments presented that will secure a successful outcome. Thus, rather than relying on his objections to the R&R, Raghavendra filed three new motions, in each of the above captioned cases, arguing again that the Stober Defendants are not entitled to legal fees. This practice wastes the Court's, Raghavendra's, and the Defendants' time. Raghavendra's arguments are rejected for the reasons stated above.
As discussed above, the Court holds that the Stober Defendants are entitled to one-third of the settlement amount, less $10,000.00 for the up-front fee provided. Raghavendra's request
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