text:
Kentucky Fried Chicken Sues Over Rumor That It Uses Eight-Legged ChickensKFC operates over 4,600 restaurants in China, making it the largest restaurant chain in the nation.
Qatar's Stocks Bounce Back After FIFA President's Re-electionShares had fallen following arrests in a corruption probe but went up on Sepp Blatter's win.
Why Can't I Buy Health Care Like I Buy a Cellphone?Health care sticker shock is inevitable when the market in health services remains in the shadows.
How Federal Dollars Are Financing the Water CrisisThirsty crops like cotton in parched states like Arizona are misdirecting our scarce water supplies.
Big Tobacco Fights Back: How the Cigarette Kings Bought the Vaping IndustryWhen the e-cigarrette first came about, Big Tobacco dismissed it as a fad. Now they hope to find the safer cigarette themselves.
Report: J.P. Morgan to Lay Off More than 5,000 Employees by 2016Last year, J.P. Morgan laid off 7.900 people.
In Honor of National Burger Day, Meet the 20,000-Calorie HamburgerIt's served at the appropriately named Heart Attack Grill.
FTC Reaches Record $1.2 Billion Settlement Over Alertness Drug ProvigilThe settlement is the largest ever reached by the Federal Trade Commission.
China Gains Ground in Global Brand Value ListThe tech sector leads the way as Apple and Google remain world's most valuable brands.
FIFA Sponsors Face Calls to 'Speak Out' Ahead of Association's Presidential ElectionAnti-corruption campaigners put pressure on Fifa's corporate partners as Visa says it could 'reassess' sponsorship.
Hackers Who Accessed Over 100,000 IRS Files Believed to be RussianU.S. IRS Commissioner John Koskinen said he was confident the hackers were "not amateurs."
Taco Bell to Test Delivery System on College CampusesThe taco company sure knows its demographic.
Lilly Pulitzer Apologizes After Fat-Shaming Cartoons in Headquarters SurfaceThe cartoons appeared on the desk of a Lilly Pulitzer staff member.
Millennial College Graduates: Young, Educated, JoblessThese grads are facing the longest sustained period of unemployment in history.
Vox Media Acquires ReCodeUnder Vox's ownership, ReCode will be joining forces with The Verge, another well-known tech news site.
100,000 Taxpayer Returns Accessed in IRS BreachThe agency currently believes that fewer than 15,000 fraudulent returns were processed as a result of the breach, likely resulting in refunds of less than $50 million.
Charter Agrees to Buy Time Warner Cable for $56 BillionThe deal values Time Warner Cable at $78.7 billion.
Time Warner Cable Reportedly Close to $55 Billion Deal With CharterA deal would create a major rival to Comcast Corp, the biggest U.S. operator in the U.S. cable and broadband market.
In 'The Subprimes,' the 99% Fights BackIn Karl Taro Greenfeld's new novel, Occupy Wall Street meets 'Grapes of Wrath,' with a splash of 'Looney Tunes.'
California's Drought: There Will Never Be Enough WaterIn this land-rich but water-limited state, increased supply simply leads to more demand, the authors write.
Let's Put Harriet Tubman's Face On the $20 BillThe anti-slavery campaigner represented the common women and men who contributed to the making of America.
Medical Mystery: Making Sense of ABIM's Financial ReportAfter months of delay, the American Board of Internal Medicine (ABIM) finally filed its latest financial reports with the IRS.
Ian Schrager: Businessman on the Leading Edge of DesignWith his new Edition hotel in the MetLife clock tower, the Studio 54 co-founder strives for a new type of luxury.
Billion-Dollar Painting Sales Are More About Finance Than ArtChristie's and Sotheby's have been enjoying huge sales, but what's behind them?
How Do You Tell When a Charity is a Scam?Do your homework before donating money to a cause.
The Twin Peaks 'Breastaurant,' Site of Waco Biker BrawlThe Waco, Texas, site of that deadly biker gang shootout was part of one of America's fastest growing restaurant chains.
Norwegian Cruise Ship Hits Land in BermudaA passenger on the ship said it looked as if it had hit a coral reef.
Thought Catalog's ReckoningBehind the scenes at the outrageously popular—and frequently outrageous—click factory.
Los Angeles Will Increase Minimum Wage to $15 Within 5 Years"Today the city of Los Angeles, the second biggest city in the nation, is leading the nation."


text:
WWE House Show (May 10, 13')
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The WWE House Show is a House show produced by World Wrestling Entertainment on May 10, 2013 at the Hirsch Memorial Coliseum in Shreveport, Louisiana.
Match Results
- (c) refers to the champion(s) heading into the match.
- Adrian Neville, Bo Dallas & Sin Cara defeated Michael McGillicutty & The Prime Time Players (Darren Young & Titus O'Neil)
- Kaitlyn (c) defeated Tamina Snuka to retain the WWE Diva's Championship
- Dean Ambrose defeated R-Truth
- Team Hell No (Daniel Bryan & Kane) (c) defeated The Shield (Roman Reigns & Seth Rollins) by DQ to retain the WWE Tag Team Championship
- Kofi Kingston (c) defeated Antonio Cesaro in a No Disqualification Match to retain the WWE United States Championship
- Bray Wyatt defeated Zack Ryder
- John Cena & Sheamus defeated Mark Henry & Ryback
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subset: commoncrawl


text:
For more than 40 years, the Cohen family has been proudly offering Australians value-driven quality products. At Sunco, we specialise in Aussie-designed barbecues that complement every type of outdoor pursuit; from camping, to a quick meal in the backyard with the family, to a full open-air dinner party with friends.
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Beagle in the Basket(2002)
(Book 56 in the Animal Ark series)
A novel by Lucy Daniels
Robbie the beagle is really missing his devoted companion, Martha the tabby cat. Before she passed away, Martha and Robbie shared everything - including their basket. Robbie is so upset, he's making himself ill. His owner, Geraldine O'Meara, is very worried. She couldn't bear to lose Robbie too! Can Mandy and James help find a way to make Robbie happy again?
Genre: Children's Fiction
Genre: Children's Fiction
Similar Books by other authors...
Collie with a Card
(Animal Ark Holiday Treasury, book 3)
Ben M Baglio
Mustang in the Mist
(Animal Ark)
Ben M Baglio
Used availability for Lucy Daniels's Beagle in the Basket
See all available used copies of this book at Abebooks UK or Abebooks US
Paperback Editions
July 2002 : UK Paperback
|Title: Animal Ark: Beagle In A Basket
Author(s): Lucy Daniels
ISBN: 0-340-85111-2 / 978-0-340-85111-1 (UK edition)
Publisher: Hodder Children's Books
Availability: Amazon Amazon UK
Genre Pages


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text: Welcome to The Detroit Tigers Podcast, the podcast for Tigers fans, by Tigers fans. This is Episode #26, a 42-minute podcast about the American League Champion Detroit Tigers recorded live from Scottsdale, Arizona U.S.A.Take our podcast survey!Listen to the podcast on the show Web site: www.TigersPodcast.com.In this episode we talk with Tigers radio voice Dan Dickerson. And we review the Tigers month of July— including the end-of-month misery in California.Download the audio file or grab the RSS feed here.Improve our iTunes Ranking: If you like the podcast, please leave a comment on our iTunes page!Comments? Leave a message on the listener line, (480) 383-6350, or leave a comment here!


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TRAILER | X360, PS3 Thursday, March 4, 2010 | 2:38 PM
Nier: new trailer
Magic Trailer
All comments
reminds me of some PS2 classics....not a bad thing !
Loved this 2D passage..wonder how it turns out gameplay wise !
About the game
- Nier
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- Developed by Cavia
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- Rockstar confirms Red Dead Redemption 2, coming Q4 2017
- inXile to launch crowdfunding campaign for Wasteland 3
- Hitman: The Complete First Season coming January 31
- Gran Turismo Sport release date delayed to 2017
- Ubisoft Motion Pictures announces "The Division" film
- Legendary to adapt Life Is Strange into digital series
- Red Dead Redemption on Xbox One Backward Compatibility
- BioShock: The Collection coming Sept. 13
- Batman: Return to Arkham delayed
- Xbox unveils Project Scorpio
- Koei Tecmo announces Berserk (working title)
- Techland officially becomes a global video game publisher
- No Man's Sky delayed to August 9
- Mass Effect: Andromeda will now ship in early 2017
- EA & Respawn developing a new Star Wars game


text: Wii Series is a term used to refer to a series of games released for Nintendo's Wii console, designed to appeal to a wide audience extended beyond the traditional gamer demographic. Wii Sports, Wii Play, Wii Music, Wii Sports Resort and Wii Fit are also a part of the Touch! Generations series of games. The series has so far sold 94.12 million. The games follow a template arrived at by Nintendo during development of the first Wii Series game Wii Sports. Each is a collection of several simple games, to emphasise fun, and depth of gameplay. In addition, the Wii Series games notably use the system's Miis as playable characters or otherwise uses an avatar of the selected Mii for the respective player. The games are similar to collections of minigames, however, Satoru Iwata stressed the differences between minigame collections and what Nintendo was trying to do with the Wii Sports: All of the titles in the Wii Series have been released worldwide.


text:
Manage your cash flow to improve your business.
Time to pay on time
David Koch Small businesses need timely payment rules to survive the cash flow squeeze.
Look after yourself
David Koch Looking after your business' biggest asset: you.
Bank on alternatives
David Koch Explore how technology has evolved to help your business market cheaply, and run more efficiently.
Darling dairy stocks dumped after Bellamy's China warning
Patrick Hatch Australia's one-time darling dairy stocks were dumped by investors on Friday after Bellamy's Australia warned recent import rule changes in China had crimped sales of its organic infant formula amid discounting by rivals.
ME Bank customers having trouble paying for petrol, groceries due to card outage
Broede Carmody ME bank customers have complained of not being able to purchase petrol and groceries, with outages disrupting numerous debit and mastercard transactions on Friday afternoon.
Stephen Crafti: ODO restaurant Hunter & Barrel at Eastland Town Square, Ringwood
Stephen Crafti The restaurant Hunter & Barrel at Eastland Town Square, Ringwood, was close to being named Meat & Beer by its owners, who also operate The Meat & Wine Company and Ribs & Burgers restaurants.
Apartment site sales decline around Australia
Nicole Lindsay The total value of apartment site deals around Australia suffered a steep 25 per cent decline in the year ending June 2016, according to research by Knight Frank.
Alfasi reboots its property arm with $24m Richmond purchase
Simon Johanson The privately-run Alfasi steel construction and equipment hire group will re-boot its property development arm using a site it purchased in one of Melbourne's hottest property sectors for more than $24 million.
Leasing Ladder
Carolyn Cummins ALEXANDRIA $190.68 sq m gross.


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text:
These high school boys and girls do the hustle, shoot long range, make trick shots, beat buzzers from 60 feet and also throw down some very impressive dunks.
Here are five plays that had viewers watching again and again and again.
Big man might be the world's most interesting prep basketball player.
Team: Girls Basketball ( ScoreCzar - 1/6/2016)
Team: Girls Basketball ( Tri-CityHerald - 12/3/2013)
Team: Girls Basketball
Team: Football ( Columbian - 9/6/2008)


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ISSUES AND ARTICLES MOST READ eTOC
Official Journal of the Italian Society of Maxillofacial Surgery
Frequency: 3 issues
Online ISSN 1827-1901
Bakshi S. S., Priya M., Coumare V. N., Vijayasundaram S.
Department of Ear Nose and Throat and Head and Neck Surgery, Mahatma Gandhi Medical College and Research Institute, Pillaiyarkuppam, Pondicherry, India
Adenomatoid odontogenic tumor (AOT) is an uncommon benign tumor of odontogenic origin with a variety of histoarchitectural patterns. The lesions can be solid or cystic and are common in females. They are common in the anterior maxilla and have been reported to occur with many types of odontogenic cysts, however extensive lesions in the maxillary antrum and the association of these tumors with a dentigerous cyst has rarely been reported. A 19-year-old female patient presented with a progressive swelling on left side of the face which on CT scan revealed a large radiolucent lesion associated with the crown of an unerupted canine located in the maxillary antrum. It was provisionally diagnosed as a dentigerous cyst and was enucleated. However the post operative histopathological diagnosis came out to be that of an Adenomatoid odontogenic tumor. A case of a large AOT in association with dentigerous cyst is described along with review of literature. We have made an attempt to highlight the lacuna in our present knowledge about this distinct clinical condition and have tried to fill this up.
language: English


text:
Our blogs
Opportunity for energy companies to show some warmth
As temperatures drop, high costs of gas and electricity can see low income families living behind cold doors
How long did 100,000 athletes need to finish the London Marathon?
We've gathered finish times from 2014 to 2016 - do these charts reveal runners racing against - and often beating - their goals?
Why We Love Messy Christingle
Learn how many children making Christingle candles makes for a messy, fun way to learn about the meaning of Christmas.
You can make a huge difference on Giving Tuesday
Giving Tuesday is a fantastic day where social media users around the world take time out to support their favourite charities and celebrate positive changes they can make in the world around them. This year it will be held this Tuesday, 29th November.
Marnie's Story
Marnie was 16 when she was struggling to make friends and was falling behind with her school work. This is her story.


text:
Skillet Taco Mac N Cheese
Total Time
Prep 10 mins
Cook 15 mins
Not knowing what to make for dinner tonight, I searched my cupboards to see what I could throw together. I was just going to add some meat and hide some veggies in some mac n cheese but was inspired by the giant container of taco seasoning on my counter that I had just purchased from Costco. The results were good enough that my husband and I were fighting over the leftovers for lunch tomorrow and the kids have requested I make it again. This recipe is easy with boxed macaroni and cheese but of course can be made healthier if you prepare your own. I topped it with a little sour cream and served with a crisp green salad for a complete meal. Yummy!
Ingredients Nutrition
- 2 (10 ounce) boxes Kraft macaroni and cheese, prepared as directed
- milk
- butter
- 1 lb ground beef or 1 lb ground turkey
- 2 (15 ounce) cans diced tomatoes, undrained
- 1 (8 ounce) can whole kernel corn (drained)
- 1 small white onion, diced
- 1 stalk celery, diced
- 4 tablespoons taco seasoning
- 1⁄2 cup milk (for macaroni and cheese preparation)
- 1⁄2 cup butter (for macaroni and cheese preparation)
- sour cream (optional)
- Heat water for macaroni.
- While water heats, dice onion and celery.
- In large skillet, cook ground beef, onion and celery until meat is no longer pink.
- Add tomatoes (with liquid), corn, and taco seasoning to meat mixture and let simmer.
- While meat simmers, prepare mac and cheese as directed.
- Combine meat mixture with mac and cheese, mixing well.
- Serve with sour cream.
Most Helpful
We also added fresh tomatoes and green peppers, and it made a kid and parent friendly meal. I used leftover taco meat and frozen corn, as well. Very good!
My husband and I made this and absolutely LOVE it! I am on bed rest so we needed something easy but good. This was just the ticket! We added fresh green peppers and tomatoes.


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United States District Court, Third Circuit
November 19, 2013
CUNNINGHAM LINDSEY U.S., INC. and CL ACQUISITIONS HOLDINGS LIMITED, Plaintiffs,v.PAT BONNANI, DALE FOHL, and VERICLAIM, INC., Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
Presently pending before the court is the motion (Doc. 5) for preliminary injunctive relief filed by Cunningham Lindsey U.S., Inc., and CL Acquisition Holdings Limited (collectively "Cunningham Lindsey") on October 8, 2013. For the reasons that follow, the court will deny Cunningham Lindsey's motion.
I. Background
Cunningham Lindsey commenced this matter with the filing of a ten-count complaint (Doc. 1) on October 8, 2013. Cunningham Lindsey alleges that two of its former employees, Pat Bonanni ("Bonanni") and Dale Fohl ("Fohl"), together with officers of Vericlaim, Inc., ("Vericlaim"), implemented a scheme designed to eliminate Cunningham Lindsey's regional presence by orchestrating a mass exodus of all Cunningham Lindsey employees at its Camp Hill, Pennsylvania, office during the late summer of 2013. (See Doc. 1 at ¶ 2). Specifically, Cunningham Lindsey asserts the following claims: breach of contractual confidentiality and non-solicitation covenants against Bonanni and Fohl (Count I); breach of fiduciary duty against Bonanni and Fohl (Count II); aiding and abetting breach of fiduciary duty against Bonanni, Fohl, and Vericlaim (Count III); misappropriation and/or misuse of trade secrets and confidential information in violation of the Pennsylvania Unfair Trade Secrets Act, 12 Pa. Cons. Stat. § 5301 et seq., against Bonanni, Fohl, and Vericlaim (Count IV); tortious interference with existing/prospective contractual and business relationships against Bonanni, Fohl, and Vericlaim (Count V); civil conspiracy against Bonanni, Fohl, and Vericlaim (Count VI); unfair competition against Bonanni, Fohl, and Vericlaim (Count VII); unjust enrichment against Bonanni, Fohl, and Vericlaim (Count VIII); violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, against Bonanni and Fohl (Count IX); and breach of contract for failure to pay for preference shares of CL Holdings against Fohl (Count X).
Contemporaneously with the complaint, Cunningham Lindsey filed the presently pending motion for preliminary injunctive relief (Doc. 5) and supporting documents (Docs. 6-9), asking the court to enjoin the defendants from virtually all direct and indirect competition with Cunningham Lindsey pending final resolution of this litigation. The parties fully briefed the motion (Docs. 9, 39, 44), and the court held a preliminary injunction hearing on October 31, 2013, taking evidence in the form of documentary exhibits and witness testimony. Consistent with the court's oral directive at the close of the hearing, both parties have filed proposed findings of fact and conclusions of law (Docs. 54-55) and jointly submitted relevant exhibits and deposition transcripts. (Doc. 56). With briefing concluded and the record now closed, this matter is ripe for disposition.
II. Findings of Fact[1]
Cunningham Lindsey and Vericlaim are both in the business of claims adjustment and loss management for insurers and large self-insured clients. (Doc. 40 at ¶ 25). The parties do not dispute that Cunningham Lindsey and Vericlaim directly compete with one another in this highly competitive business. (Id.) In late 2010 or early 2011, Cunningham Lindsey acquired a company known as "GAB Robins, " an entity also engaged in the business of loss adjustment. (Tr. at 198:8-9, 199:2-6). Cunningham Lindsey offered employment to all GAB employees, including Bonanni and Fohl. (Tr. 94:18-24; 95:1-23; 130:1-10). Cunningham Lindsey delivered its offers of employment to Bonanni and Fohl by letter agreements with effective dates of January 1, 2011. (Ex. P-8, P-25). Each letter agreement contained the following non-solicitation provision:
While employed by Cunningham Lindsey, and for one year after termination of my employment for whatever reason, I will not directly or indirectly solicit or recruit, nor take any action to assist any other person to solicit or recruit for employment, any employee of Cunningham Lindsey. Such assistance includes, without limitation, identifying employees of Cunningham Lindsey who have special knowledge of the trade secrets and/or business of Cunningham Lindsey. Because damages for violation of this provision would be difficult to measure, the parties mutually agree that if I violate this provision, I will be liable for liquidated damages in an amount equal to the annual salary of any employee as to whom I am proven to have violated this paragraph.
(Ex. P-8 at 2, P-25 at 2). The letter agreements also contained confidentiality provisions, as follows:
At all times, both during and after termination of employment, I shall keep and retain in confidence and shall not disclose, except as required in the course of my employment with [Cunningham Lindsey], to any person, firm or corporation, or use for my own purposes, any Confidential Information. For purposes of this paragraph, such information shall include, but is not limited to, material, data, and information of [Cunningham Lindsey] and/or its customers or clients that is confidential, proprietary and/or a trade secret ("Confidential Information").
(Ex. P-8 at 2, P-25 at 2). Bonanni and Fohl executed their agreements on January 5 and 6, 2011, respectively. (Ex. P-8 at 2, P-25 at 2).
Fohl was eventually offered an opportunity to become a shareholder of CL Acquisition Holdings Limited ("CL Acquisitions"). On June 21, 2013, Fohl signed a Subscription Agreement providing that he would pay $50, 000 in exchange for 500 preference shares of CL Acquisitions. (Ex. P-21). In addition to the provisions governing confidentiality and non-solicitation of employees, Fohl's Subscription Agreement prohibited him from soliciting Cunningham Lindsey customers for a six month period following termination for any reason. (Id. at 6). Both Bonanni and Fohl were subject to the terms of Cunningham Lindsey's non-disclosure and confidentiality policy, which defined "confidential information" to include, inter alia, customer lists and preferences, financial information, compensation data, and salary information. (Ex. P-11). Fohl testified that while he disagreed with the definition of "confidential information, " he understood that Cunningham Lindsey viewed these items as confidential and agreed, as a condition of his employment, to comply with the policy. (Tr. at 289:18-291:2).
The parties do not dispute that on September 5, 2013, Bonanni, Fohl, and all Cunningham Lindsey employees working at the Camp Hill, Pennsylvania, office resigned simultaneously and without notice. (Tr. at 59:18-60:3). It is not the fact of the employees' mass resignation but rather the circumstances surrounding their decisions to leave that are at issue in this litigation. The following facts which pertain to that time period are relevant to the court's analysis.
On July 30, 2013, Bonanni, Fohl, and other Cunningham Lindsey employees met with Vericlaim's chief executive officer, Thomas Simoncic ("Simoncic") and discussed the potential recruitment of all employees at Cunningham Lindsey's Camp Hill office to Vericlaim. (Tr. at 188:21-196:17 (Bonanni); 298:10-305:14 (Fohl); 327:11-331:15 (Simoncic)). During that meeting, Bonanni, Fohl, or one of two other Cunningham Lindsey employees in attendance disclosed salary information of all employees then working at Cunningham Lindsey's Camp Hill office. (Tr. at 188:21-196:17 (Bonanni); 298:10-305:14 (Fohl); 327:11-331:15 (Simoncic)). After the meeting, Simoncic documented the substance of the conversation in an email to his Vericlaim colleagues. Therein, Simoncic advised that he met with Bonanni, Fohl, and other Cunningham Lindsey employees and indicated that Bonanni and Fohl "are interested in moving (at the right price) and bringing their remaining team with them, " noting that this recruitment would be "all or nothing." (Hr'g Ex. 46B at 2). Simoncic testified that these demands were made during the July 30, 2013 meeting (Tr. at 327:11-329:2); Bonanni and Fohl deny making these demands to Simoncic. (See Tr. at 190:10-14 (Bonanni), 300:12-17 (Fohl)). They also deny expressing that it was an "all or nothing" deal or assisting in the recruitment of remaining adjusters from the Camp Hill office. (Id. at 189:17-21 (Bonanni), 300:12-17 (Fohl)).
At the hearing on the instant motion, Cunningham Lindsey presented evidence which indicates that in the period leading up to the mass resignation of the Camp Hill employees, Bonanni and Fohl accessed and copied or transferred a substantial volume of Cunningham Lindsey client files and information.[2] (Tr. at 12:10-13:24). On September 5, 2013, within seven minutes of one another, Bonanni, Fohl, and the remainder of Cunningham Lindsey's Camp Hill office tendered their resignations, without notice, and immediately thereafter commenced employment with Vericlaim. (Tr. at 59:18-25, 50:1-3). According to Stuart Stromeyer, a senior executive general adjuster with Cunningham Lindsey, the Camp Hill office was in a state of "disarray" when he was able to personally assess the situation on September 10, 2013. (Tr. at 134:15-136:2). The morning after the mass resignation, Cunningham Lindsey began to receive requests from clients to transfer their open claim files to Vericlaim. (Tr. at 65:4-12 (Girard), 140:17-23 (Stromeyer)). Girard testified that in total, Bonanni and Fohl took with them 109 out of Camp Hill's 143 clients, virtually decimating the Camp Hill office. (Tr. at 65:1-12).
Cunningham Lindsey's president and chief executive officer, James Girard ("Girard"), testified that he spoke with Bonanni and Fohl on September 6, 2013, the morning after the mass resignation. According to Girard, Fohl advised him that Simoncic had instigated the mass departure and had directed the group of Cunningham Lindsey employees to resign simultaneously, immediately, and without notice. (Tr. at 61:14-62:23). Fohl testified at the injunction hearing that he made no such statement to Girard. (Tr. at 275:17-23). Similarly, Bonanni testified during the injunction hearing that Girard's characterization of the September 6, 2013 telephone conversation was wholly inaccurate, and that the decision to leave without notice was his own. (Tr. at 275:7-276:1). Additionally, Simoncic testified that he never instructed Bonanni or Fohl, or any Cunningham Lindsey employee to resign. (Tr. at 314:24-315:4). For purposes of the instant motion, the court is inclined to credit Girard's testimony in light of Simoncic's email to a Vericlaim colleague immediately after his July 30 meeting with Bonanni and Fohl, wherein he indicated that he understood this to be an "all or nothing" recruitment of the remaining Cunningham Lindsey employees. (See Hr'g Ex. 46B at 2).
II. Discussion
"A preliminary injunction is an extraordinary remedy never awarded as of right." Winter v. Natural Resources Defense Council , 555 U.S. 7, 24 (2008). A court considering a request for preliminary injunctive relief must consider four factors: (1) whether the movant has shown that they have a reasonable probability of success on the merits of their argument; (2) whether the movant will suffer irreparable harm in the absence of relief; (3) whether granting the preliminary injunction will result in greater harm to the nonmoving party; and (4) whether the public interest favors granting the injunction. American Exp. Travel Related Services, Inc. v. Sidamon-Eristoff , 669 F.3d 359, 366 (3d Cir. 2012). "The moving party's failure to show a likelihood of success on the merits must necessarily result in the denial of a preliminary injunction.'" Id . (quoting In re Arthur Treacher's Franchisee Litig., 689 F.2d 1137, 1143 (3d Cir. 1982)). Although these four factors must be satisfied to accord relief to Cunningham Lindsey, one of them-whether Cunningham Lindsey will suffer irreparable harm in the absence of injunctive relief-is particularly relevant to the court's ultimate ruling against Cunningham Lindsey.
As a threshold matter, the court must address whether Cunningham Lindsey has demonstrated a reasonable probability of success on the merits, as failure to satisfy this element is fatal to a plaintiff's request for injunctive relief. American Exp. Travel Related Services , 669 F.3d at 366. The crux of Cunningham Lindsey's complaint is that Bonanni and Fohl breached their employment agreements, specifically the confidentiality and non-solicitation of employee provisions, and the attendant fiduciary duties associated with their employment, and that Vericlaim's officers encouraged and assisted them. The court need not determine that Cunningham Lindsey would likely succeed on all of its claims in order to issue injunctive relief. See, e.g., Klitzner Industries, Inc., v. H. K. James Co. , 535 F.Supp. 1249, 1257-79 (E.D. Pa. Apr. 1, 1982) (issuing injunctive relief where plaintiff made requisite showing of reasonable probability of success as to copyright infringement claim despite plaintiff's failure to establish the same with respect to remaining claims). The court concludes that Cunningham Lindsey has demonstrated a likelihood of success on the merits, in particular with respect to its state law claims for civil conspiracy and breach of contractual and fiduciary duties.
Under Pennsylvania law, a breach of contract plaintiff must prove (1) the existence of a valid contractual agreement, (2) the terms of that agreements, and (3) the breach of one or more of those terms by Bonanni and Fohl. See Ware v. Rodale Press, Inc. , 322 F.3d 218, 225 (3d Cir. 2003). Civil conspiracy claims require proof of: "(1) a combination of two or more persons acting with a common purpose to do an unlawful act or do a lawful act by unlawful means or for an unlawful purpose; (2) an overt act done in pursuance of the common purpose; and (3) actual legal damage." Chantilly Farms, Inc. v. W. Pikeland Twp., 2001 U.S. Dist. LEXIS 3328, *12 (E.D. Pa. Mar. 23, 2001) (quoting Smith v. Wagner , 588 A.2d 1308, 1311-12 (Pa.Super. Ct. 1991)); see also Morgan's Home Equip. Corp. v. Martucci , 136 A.2d 838, 847 (Pa. 1957) (observing that the "systematic inducing of employees to leave their present employment and take worth with another is unlawful when the purpose is to cripple and destroy part of a competitive business organization..."). Breach of fiduciary duty claims require Cunningham Lindsey to prove that defendants "(1) negligently or intentionally failed to act in good faith and solely for the benefit of plaintiff in all matters for which he or she was employed; (2) that the plaintiff suffered injury; and (3) that the agent's failure to act solely for the plaintiff's benefit was a real factor in bringing about plaintiff's injuries." McDermott v. Party City Corp. , 11 F.Supp.2d 612, 626 n. 18 (E.D. Pa. June 30, 1998) (citation omitted). Cunningham Lindsey has demonstrated a reasonable probability of success as to each of these claims.
The evidence before the court tends to establish that Simoncic, Vericlaim's chief executive officer, worked closely with Bonanni and Fohl to orchestrate the employee and client solicitation that ultimately resulted in the mass resignation of all employees from Cunningham Lindsey's Camp Hill Office. The court notes in particular that Simoncic's email, coupled with his admission that in August of 2013, Vericlaim was still pursuing the objective of recruiting "a team of ten people" from Cunningham Lindsey to work for Vericlaim, (Tr. at 334:22-25), calls into question the defendants' position that the simultaneous resignation was a matter of coincidence. Indeed, this evidence tends to establish intent on the part of Vericlaim to recruit all employees from Cunningham Lindsey's Camp Hill office simultaneously. Such collective and collaborative efforts, if proven, likely satisfy the agreement, overt act, and damages aspects of the civil conspiracy claim. Further, documentary evidence and witness testimony provided at the hearing establish that both Bonanni and Fohl were aware that Cunningham Lindsey considered salaries, client lists, and other information to be confidential, but that the two nonetheless divulged the salaries of all Camp Hill employees and other information to Simoncic during the July 30, 2013 meeting, in violation of their contracts and their fiduciary duties to their employer. Based on the factual findings rendered supra, the court concludes that it is reasonably likely that Cunningham Lindsey will succeed on the merits of at least some of its claims.[3]
The court acknowledges that the defendants have presented a litany of witnesses in support of their contention that the simultaneous resignation of all ten Camp Hill employees was coincidental and not the result of the coordinated efforts of Vericlaim, Bonanni, and Fohl. At this early stage of the litigation, Cunningham Lindsey need not prove by a preponderance of the evidence that the resignations or the solicitation of employees or clients were in fact the result of the coordinated efforts of defendants; it need only demonstrate a reasonable probability that what it claims is so. Conestoga Wood Specialties Corp. v. Sec'y of United States HHS, 724 F.3d 377, 397 (3d Cir. 2003) ("To demonstrate a likelihood of success on the merits, a plaintiff need only prove a prima facie case, not a certainty that he or she will win."). After the close of discovery, it is entirely conceivable that defendants will be able to establish that the simultaneous resignation of the Camp Hill employees was mere coincidence, however catastrophic for Cunningham Lindsey-and beneficial to Vericlaim-it may have been. But, on the record as it exists today, the court finds that Cunningham Lindsey has satisfied its preliminary burden as to this aspect of our Rule 65 analysis. Ultimately, however, this victory for Cunningham Lindsey, is fleeting, because the balance of the court's analysis compels the court to deny Cunningham Lindsey's motion.
Specifically, the court concludes that Cunningham Lindsey has failed to demonstrate any ongoing irreparable harm. Cunningham Lindsey has presented substantial evidence tending to establish that it suffered significant financial and reputational harm from the apparent demise of its Camp Hill office. For example, Cunningham Lindsey's chief executive officer testified that, in the days following the resignations, numerous clients contacted Cunningham Lindsey to request that their files be transferred to Vericlaim. (Tr. at 63:21-64:9). He also testified that 109 out of 143 client files were transferred to Vericlaim. (Tr. at 65:1-12). When asked to explain the effect that the resignation had and continues to have on Cunningham Lindsey, Girard testified that it was problematic in many respects, and that Cunningham Lindsey has suffered serious reputational harm. (Tr. at 65:13-68:3).
The sticking point, however, is that there is no evidence before the court, beyond Cunningham Lindsey's own speculation, that the purported contractual violations, breaches of confidentiality, or solicitation of clients "continues to this day" as alleged by counsel during the hearing on Cunningham Lindsey's motion. It is true, as Cunningham Lindsey asserts, that state and federal courts have enjoined employees from working for a competitor when they are "likely" to or there is some "threat of" their use of their former employer's confidential information. See Bimbo Bakeries USA, Inc. v. Boticella , 613 F.3d 102, 110-11 (3d Cir. 2010) ("Under Pennsylvania law, the proper inquiry in determining whether to grant an injunction to prevent the threatened disclosure of trade secrets is whether there is sufficient likelihood, or substantial threat of, a defendant disclosing trade secrets."); also A.M. Skier Agency, Inc. v. Gold , 747 A.2d 936, 939 (Pa.Super. Ct. 2000). However, Girard admitted during the preliminary injunction proceeding that he has no knowledge of any ongoing confidentiality violations, attempts, or threatened attempts by Fohl, Bonanni, or Vericlaim to solicit Cunningham Lindsey employees, nor is he aware of pricing information or other alleged trade secrets being shared by the defendants. (Tr. at 98:25-99:18, 101:5-22, 102:11-15). Thus, Girard's own testimony seals Cunningham Lindsey's fate: while Cunningham Lindsey likely suffered some injury, there is no continuing behavior or action that this court can effectively remedy with preliminary injunctive relief.
The court is also compelled to reject Cunningham Lindsey's argument that its customers' loss of confidence in the Cunningham Lindsey name and potential losses of customers in the future constitute irreparable harm that cannot be addressed by compensatory damages. This court has previously rejected that position, see, e.g., Mettler-Toledo, Inc. v. Acker , 908 F.Supp. 240, 248 (M.D. Pa. Nov. 21, 1995) (noting that when concern was that "customers will shift their business from [plaintiff] to [defendant] during the pendency" of the action, monetary damages flowing from that injury could be calculated at the end of trial), and absent compelling argument from Cunningham Lindsey, the court does so again today. Cunningham Lindsey contends that issuance of an injunction would return the parties to equal footing, but this is not the purpose of the relief offered by Rule 65. Injunctive relief is not designed to "turn back the clock" or to allow a plaintiff to "seek correction of past wrongs." First Health Group Corp. v. Nat'll Prescription Adm'rs, Inc. , 155 F.Supp.2d 194, 235-36 (M.D. Pa. July 19, 2001) ("Any irreparable harm alleged by [plaintiffs] must be prospective. " (emphasis added)).
In sum, Cunningham Lindsey has not demonstrated irreparable harm. See Instant Air Freight Co. v. C.F. Air Freight, Inc. , 882 F.2d 797, 801 (3d Cir. 1989) ("In order to demonstrate irreparable harm the plaintiff must demonstrate potential harm which cannot be redressed by a legal or an equitable remedy following trial."). Based upon the present record, the court cannot conclude that defendants' unlawful actions and Cunningham Lindsey's irreparable injuries are extant. Under the circumstances, the appropriate resolution of these claims must await a trial on the merits.
III. Conclusion
For the reasons articulated above, the court will deny Cunningham Lindsey's motion (Doc. 5) for preliminary injunctive relief. An appropriate order follows.
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The superintendent of public instruction race rarely draws attention and rarely produces much buzz. This year figures to be different, following the revelation that Republican incumbent John Huppenthal made numerous offensive anonymous online comments and Republican fears over the state's learning standards, Arizona's College and Career Ready Standards, known nationally as Common Core.Read More »
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Now in our 17th year, our popular holiday camps run by professional, CRB checked coaches take place every half term and in school holidays.
Our camps are designed for all levels of players, we put the children in the most appropriate groups and make sure that there is a balanced combination of fun and learning.
Younger children, up to the age of 11, receive colourful MTA sticker camp cards which monitor learning, activities and achievements. We cover all the major shots during the course of the week. Our popular Tennis Explosion and Extravaganza prize days continue to create great excitement and interest.
Each summer we teach over 500 kids aged between 3 and 17 years. Prices have been held and start at only £7 per session for Tiny Tots. Discounts are applied when booking a full week's camp.
Half Term Camp - 13 - 17 February 2017
Our next Camp will take place at Trinity Sports Ground for all ages and levels of player. Book now to ensure your place. Venues may change due to numbers and weather.
All queries email firstname.lastname@example.com
Please note, if the age and levels exceed the limits for one coach an
assistant will be available or an additional class created.
Find out more ....
Term Time Weekly Courses, all year round
Group Coaching and Tennis Lessons
We run popular weekly courses for all ages and levels of player - from beginners to
experienced players - and you can join at any point. If you are unsure
of your standard, it's a good idea to book a private session with one of
our professional coaches.
We require a minimum of 5 people to run a class. As Hills Road has limited space, we aim to have four pupils per class there.
- 4 January - 2 April
- 18 April - 21 July
- 5 September - 17 December
If you are 13 and over and would like to train as an MTA assistant
coach, join our LTA certification tennis leaders course, Courses take place between 9.30am-4pm over two days and cost £90. We guarantee
you will earn your money back if you pass the course. If you are interested in attending our courses, please call Mike on 07702 291099


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3" Inch Galvanized Pipe 3 1/2" Inch O.D. 1/4" Wall 8' FT Long Round Post Schedule 40 Straight Length Heavy Duty Satellite Dish Post Pole Digital Signal Mounting Off-Air Steel Support
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text: (If this was posted, My apologies) Hi Guys, I've been having one of those bugs where you can't play audiobooks that plays for 6 hours or more on 2.0, So I've been searching for a solution on the net. I did find one work around from a person named Mattias Sandstrom from the Apple forum. His workaround is: ~quote~ OK, workaround found for my audiobooks that do not play in 2.0: 1) Setup the AAC encoding options to "Spoken Podcasts" 2) Right-click the broken books (.m4b) under Audiobooks and convert them to AAC 3) They will end up as .m4a files and shown under Music. Find them and right-click these files and select "Show in Finder / Windows Explorer". Go back to iTunes. 4) Remove the files from Audiobooks (discard the files if you want) 5) Remove the files from Music but KEEP the files! 6) In the window from step 3 rename the files to .m4b extension and drag them to iTunes, they will now end up in Audiobooks and contain the magic Audiobook functions that remembers playback position. 7) Sync with the iPod ~Unquote~ I did try it and it worked. To that person, thanks a lot buddy! I hope this would help members having the same problem as well.


text:
CORPORATION BANK RTGS HO Branch in KASIMKOTA - Address, IFSC, MICR Code
CORP0002964MICR Code
NH 5 MAIN ROAD NARSINGABILLIY KASIMKOTA MANDAL VISHAKAPATNAM 531058 EAST GODAVARI ANDHRA PRADESHCity
What is IFSC Code of CORPORATION BANK situated at NARSINGABILLIY- RTGS-HO?
IFSC Code of CORPORATION BANK situated at NARSINGABILLIY - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
- Read about the grammar rule.
- Play the two grammar games to help you practise.
- Print the reference card, activity sheet and test for more practice.
- Remember to leave a comment!
Grammar Rule
I play tennis every Sunday.
I'm playing hockey now.
She eats fruit every day.
She's eating an apple now.
We use the present simple to talk about routines – what you do every day or every week. We use the present continuous to talk about things you are doing now.
I watch cartoons every day.
I'm watching a film now.
Be careful!
For the present simple, add 's' or 'es' for he/she/it. Make the negative with 'don't' or 'doesn't'. For the present continuous, use the verb 'to be' and '-ing'. Add 'not' to make the negative.
My dad makes dinner every evening. He doesn't make lunch.
We are studying English now. We aren't studying maths.
We say... We don't say...
I wake up every morning at 7:00. (NOT I am waking up every morning at 7:00.)
She is talking on the phone now. (NOT She talks on the phone now.)
They aren't reading a book now. (NOT They don't reading a book now.)
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I'm very upset about having to sell this guy, but with school, dance, and another horse, I don't have time to work with him. Vegas is a 12yr old paintaloosa…SOLD
I am helping a friend of mine sell Cookie. Cookie was a dead broke pony that gave lessons to young kids last summer. Since then my friend who is 17 and…SOLD
Donovan, from S.F. Shining Star by Apaches Easternugget, 12 year old gelding, 16.1 hands. Loves to Jump! Has beautiful movement for dressage and will make…SOLD
Donovan is not the typical appy. Calm and gentle, he is willing to go any direction and has the talent to do any discipline. His favorite is jumping. If…SOLD
I have a 12 year old Appy/Warm blood cross gelding. He is a big gorgeous gray gelding with a nice stocky build and good confirmation. Previously always…SOLD
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text:
What's New
The Shipwreck Society is pleased to announce that the 2016 Annual Appeal commences during the second week of December, 2016. This effort is focused on requesting operational funds for the Great Lakes Shipwreck Historical Society, to complement contributed income at holiday gift-giving time. Members will soon receive a letter and donation envelope in their US mail, as well as an e-mail reminder.
The Shipwreck Society is a 501 c (3) organization, meaning that all contributions are tax-deductible as provided by IRS code. Further, contributions made to affect the 2016 tax year must be made by the last day of the year.
To make a contribution, please simply click here. Your gift is very important to help sustain the many programs of the Shipwreck Society, as well as to preserve the historic Whitefish Point Light Station and U.S. Weather Bureau Building in Locks Park. Please call Sean Ley, Development Officer, at 906-635-1742 with questions – and thank you!
Read More...
Shipwreck Society Receives Superior Award from Historical Society of Michigan
The Great Lakes Shipwreck Historical Society has received the coveted Superior Award from the Historical Society of Michigan. The award was presented at the Upper Peninsula History Conference in Munising, Michigan on Saturday, June 25, 2016.
Read More...
NEW Book Release
The Legend Lives On S.S. Edmund Fitzgerald: Featuring rare archival material and exclusive underwater images by Bruce Lynn and Christopher Winters, The Great Lakes Shipwreck Historical Society.
Read More...
2016 Funding Announced
New 2016 Funding Announced from Michigan Council for Arts and Cultural Affairs.
The Shipwreck Society is very pleased to announce receipt of two grant funding awards from the Michigan Council for Arts and Cultural Affairs for its fiscal year 2016.
Read More...
Digital Presentation Equipment Installed
Thanks to funding from the Michigan Council for Arts and Cultural Affairs, the historic 1923 USCG Motor Lifeboat House now has professional, digital presentation equipment for its use as a video theatre and presentation facility beginning in the 2016 season. We thank MCACA for this funding!
Read More...


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Humans and half-bloods agree-Percy Jackson and the Olympians is a series fit for heroes Relive the adventure from the beginning with this boxed set of the first three books with glorious new cover art by John Rocco. The Lightning Thief
Percy Jackson is a good kid, but he can't seem to focus on his schoolwork or control his temper. When his mom tells him the truth about where he came from, she takes him to the one place he'll be safe-Camp Half-Blood, a summer camp for demigods (on Long Island). There, Percy learns that the father he never knew is actually Poseidon, God of the Sea. Soon Percy finds himself caught up in a mystery that could lead to disastrous consequences. Together with his friends-a satyr and other the demigod daughter of Athena-Percy sets out on a quest to reach the gates of the Underworld (located in a recording studio in Hollywood) and prevent a catastrophic war between the gods.
The Sea of Monsters
After a summer spent trying to prevent a catastrophic war among the Greek gods, Percy Jackson finds his seventh-grade school year unnervingly calm. But things don't stay quiet for long. Percy soon discovers there is trouble at Camp Half-Blood: the magical borders which protect Half-Blood Hill have been poisoned by a mysterious enemy, and the only safe haven for demigods is on the verge of being overrun by mythological monsters. To save the camp, Percy needs the help of his best friend, Grover, who has been taken prisoner by the Cyclops Polyphemus on an island somewhere in the Sea of Monsters-the dangerous waters Greek heroes have sailed for millennia-only today, the Sea of Monsters goes by a new nameL: the Bermuda Triangle. Now Percy and his friends must retrieve the Golden Fleece from the Island of the Cyclopes by the end of the summer or Camp Half-Blood will be destroyed. But first, Percy will learn a stunning new secret about his family-one that makes him question whether being claimed as Poseidon's son is an honor or simply a cruel joke...
The Titan's Curse
When Percy Jackson receives a distress call from his friend Grover, he immediately prepares for battle. He knows he'll need his powerful demigod allies, Annabeth and Thalia, at his side- his trusty broze sword Riptide- and... a ride from his mom. The demigods race to the rescue, to find that Grover has made an important discovery: two new powerful half-bloods whose parentage is unknown. But that's not all that awaits them. The Titan lord, Kronos, has set up his most devious trap yet, and the young heroes have unwittingly fallen prey. Hilarious and action-packed, this third adventure in the series finds Percy faced with his most dangerous challenge so far: the chilling prophecy of the Titan's curse.
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Details Book
|Rick Riordan
|Disney Press
|Data Published
|June 2014
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|Age +
|Ages 10-14 years
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Pixie is a 12 year old Mini Dachshund. My husband bought her at 8 weeks old. She plays with toys, and likes to go for ice cream.
By Carol
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I love your bay's pic.
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"The stay and treatment received."
About: Glenfield Hospital / Cardiology Glenfield Hospital Cardiology LE3 9QP Queen's Hospital, Burton Upon Trent / Cardiology Queen's Hospital, Burton Upon Trent Cardiology DE13 0RB
Posted by Kevinb (as ),
I suffered an Angina attack whilst at work and had to be sent to the Queens Hospital in Burton for treatment. The care that I received could not have been better. The staff on every level could not have done any more for me, and stepped up to the mark when it was needed. I had an Angiogram, in the new facility that has just opened at Burton, which previously would have had to be done at Glenfield or Stoke Hospital.
This in turn showed the problem that needed to be rectified. Without delay I was sent to Glenfield to have stents fitted. This procedure is not yet available at Burton, but it maybe one day. I am now back at home and recovering well from my ordeal. I would just like to say a big 'thank you' to everyone involved a superb job, well done.
Response from Queen's Hospital, Burton Upon Trent 3 years ago
Many thanks for your comments. We are delighted to hear that you were happy with the care you received at Queen's Hospital and that you are now on the road to recovery. As you mention, Angioplasty is not currently available at Queen's, however we are currently working towards being able to offer this to our patients within the next few months. We appreciate your feedback and wish you well in your recuperation.
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Cell Biology (IFS Botany (Mains)): Questions 1 - 4 of 4
Get 1 year subscription: Access detailed explanations (illustrated with images and videos) to 119 questions. Access all new questions we will add tracking exam-pattern and syllabus changes. View Sample Explanation or View Features.
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Question number: 1
» Cell Biology » Techniques
Appeared in Year: 2015
Write in Short
What are 'carrier proteins'? Describe the ion uptake mechanism in plants mediated by carrier proteins. (Paper 2, Section B)
Question number: 2
» Cell Biology » Cell Cycle
Appeared in Year: 2015
Describe in Detail
Write brief notes on: "Tricarboxylic acid cycle is an amphibolic process. " Explain. (Paper 2, Section B)
- Tricarboxylic acid cycle (TCA) is also called as Citric acid cycle or Kreb's cycle.
- Amphibolic pathway is a biochemical pathway that serves both anabolic and catabolic processes. An important example of an amphibolic pathway is the Krebs cycle, which involves both the catabolism of carbohydrates and fatty acids and the… (322 more words) …
Question number: 3
» Cell Biology » Ribosomes
Appeared in Year: 2014
Describe in Detail
Explain the following in about 150 words each: Ribosomes are synthesized? (Paper 2 - Section A)
Ribosome is a complex of ribosomal ribonucleic acid (rRNA) and protein.
The rRNA part is synthesized from the original message called DNA in the nucleus, particularly in a region called nucleolus.
Molecules of rRNA are synthesized in a specialized region of the cell nucleus called the nucleolus, which appears as… (176 more words) …
Question number: 4
» Cell Biology » Chromosomes
Appeared in Year: 2014
Describe in Detail
Explain the following in about 150 words each: Basic chromosome number may be different from haploid number. (Paper 2 - Section A)
- The number of chromosomes per cell is fixed for a given species.
- In human beings, the number of chromosome is 46, this is called diploid number where in gametes, and the number of chromosomes is only half of the diploid number and is 23 and is called haploid number. The… (259 more words) …


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