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The stock of Pier 1 Imports Inc (NYSE:PIR) is a huge mover today! About 642,678 shares traded hands. Pier 1 Imports Inc (NYSE:PIR) has declined 17.06% since April 28, 2016 and is downtrending. It has underperformed by 22.99% the S&P500.
The move comes after 9 months positive chart setup for the $448.04M company. It was reported on Dec, 1 by Barchart.com. We have $6.19 PT which if reached, will make NYSE:PIR worth $35.84 million more.
Analysts await Pier 1 Imports Inc (NYSE:PIR) to report earnings on December, 21. They expect $0.12 earnings per share, down 7.69% or $0.01 from last year's $0.13 per share. PIR's profit will be $9.38M for 11.94 P/E if the $0.12 EPS becomes a reality. After $-0.05 actual earnings per share reported by Pier 1 Imports Inc for the previous quarter, Wall Street now forecasts -340.00% EPS growth.
Pier 1 Imports Inc (NYSE:PIR) Ratings Coverage
Out of 17 analysts covering Pier 1 Imports (NYSE:PIR), 4 rate it a "Buy", 4 "Sell", while 9 "Hold". This means 24% are positive. Pier 1 Imports has been the topic of 29 analyst reports since August 25, 2015 according to StockzIntelligence Inc. The company was maintained on Friday, September 25 by Oppenheimer. The stock of Pier 1 Imports Inc (NYSE:PIR) has "Peer Perform" rating given on Thursday, June 23 by Wolfe Research. Telsey Advisory Group maintained it with "Market Perform" rating and $5 target price in Thursday, September 29 report. Raymond James downgraded Pier 1 Imports Inc (NYSE:PIR) on Thursday, September 8 to "Mkt Perform" rating. The firm has "Neutral" rating given on Thursday, June 16 by Longbow. On Tuesday, May 24 the stock rating was initiated by Topeka Capital Markets with "Buy". The firm earned "Outperform" rating on Friday, September 25 by Credit Agricole. Wedbush maintained the stock with "Neutral" rating in Monday, September 21 report. The stock of Pier 1 Imports Inc (NYSE:PIR) earned "Neutral" rating by Wedbush on Thursday, September 8. The stock of Pier 1 Imports Inc (NYSE:PIR) earned "Hold" rating by Jefferies on Thursday, September 29.
According to Zacks Investment Research, "Pier 1 Imports, Inc. consists of a chain of retail stores operating under the names Pier 1 Imports and The Pier, selling a wide variety of furniture, decorative home furnishings, dining and kitchen goods, accessories and other specialty items for the home. Additionally, the company, through certain subsidiaries, operates stores in the United Kingdom under the name The Pier. The company supplies merchandise and licenses the Pier 1 name to Sears Mexico and Sears Puerto Rico."
Insitutional Activity: The institutional sentiment decreased to 0.69 in 2016 Q2. Its down 0.70, from 1.39 in 2016Q1. The ratio worsened, as 18 funds sold all Pier 1 Imports Inc shares owned while 53 reduced positions. 45 funds bought stakes while 54 increased positions. They now own 80.87 million shares or 10.40% more from 73.25 million shares in 2016Q1.
Raymond James Assoc holds 0% or 258,123 shares in its portfolio. Hsbc Pcl last reported 0% of its portfolio in the stock. Nomura Holdings accumulated 0% or 14,200 shares. Parametric Portfolio Assocs Limited accumulated 945,695 shares or 0.01% of the stock. Moreover, Retail Bank Of Montreal Can has 0% invested in Pier 1 Imports Inc (NYSE:PIR) for 708 shares. Secor Cap Advisors L P last reported 102,094 shares in the company. First Tru Ltd Partnership holds 11,542 shares or 0% of its portfolio. Verition Fund Mgmt Lc last reported 0.01% of its portfolio in the stock. Princeton Alpha Lp holds 0.03% of its portfolio in Pier 1 Imports Inc (NYSE:PIR) for 27,894 shares. Dynamic Cap Management Limited, a United Kingdom-based fund reported 182,189 shares. Blackrock Advsr Limited Liability Com has 0% invested in the company for 40,719 shares. The New York-based Product Ptnrs Limited Com has invested 0.12% in Pier 1 Imports Inc (NYSE:PIR). Northern Tru holds 0% of its portfolio in Pier 1 Imports Inc (NYSE:PIR) for 1.08 million shares. Bogle Inv L P De holds 0.22% or 622,844 shares in its portfolio. Commonwealth Financial Svcs Lc holds 0% of its portfolio in Pier 1 Imports Inc (NYSE:PIR) for 300 shares.
More news for Pier 1 Imports Inc (NYSE:PIR) were recently published by: Fool.com, which released: "Can Pier 1 Imports Keep Going After Last Week's 11% Pop?" on November 21, 2016. Businesswire.com's article titled: "Pier 1 Imports, Inc. Updates Third Quarter Fiscal 2017 Financial Guidance" and published on November 14, 2016 is yet another important article.
PIR Company Profile
Pier 1 Imports, Inc., incorporated on April 30, 1986, is an importer of home decor and furniture. The Company's activities consist of retail stores and an e-commerce Website conducting business under the name Pier 1 Imports, which sells a range of decorative accessories, furniture, candles, housewares, gifts and seasonal products. The Firm operates approximately 950 stores in the United States, over 80 stores in Canada and an e-commerce Website, Pier1.com. The Company's stores in the United States and Canada average approximately 9,900 gross square feet, which includes an average of approximately 7,900 square feet of retail selling space. The stores are located in freestanding units near shopping centers or malls and in-line positions in shopping centers. It operates in all the United States and Canadian metropolitan areas, and in primary smaller markets.
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subset: commoncrawl


text:
"We just wanted to spend the day not wearing high heels or lashes, so we thought: 70's cop show."
"We just wanted to spend the day not wearing high heels or lashes, so we thought: 70's cop show."
"We were both really tired one night," McKinnon explains, "and I just said to Aidy, 'Man, dyke is tired,' and Aidy said, 'Fats is tired, too.' And then it became our beautiful thing that we had together and we wanted to make something out of it," McKinnon says.
More of Kate's interview on Vulture.
[Photos: NBC]
The most adorable lesbian in all the land.
best friend goals - kate mckinnon & aidy bryant
True American heroes.
Kate McKinnon, be my wife.
Okay Season 42, where's my Dyke & Fats sequel at?
SNL BACKSTAGE: Aidy's Most Memorable Season 39 Moment
Aidy Bryant talks about writing, choreographing and filming her most memorable moment of Season 39 - and reveals a "truly Fats moment."
I would watch this show. You think I'm kidding, I am not.
How can we fix this? Is there a way that popular culture can offer a path to body positivity? We posed these questions to some of our staff, and they had some interesting thoughts:
"In all of this, I have mostly thought about the wonderful SNL sketch from a few years ago called Dyke & Fats. Cast members Kate McKinnon and Aidy Bryant play Chicago cops Les "Dyke" Dykawitz and Chubbina "Fatz" Fatzarelli in a spoof of 1970s police dramas. It's corny, it's cute, and it's really, really funny. The two cops are capable and competent, perhaps beyond belief, while also leaning heavily into stereotypes about lesbians and overweight people. (McKinnon, for example, shows a wallet full of photos of English bulldogs while Bryant's has sausage links.) At the end of the sketch, however, the police chief, played by Louis CK, congratulates them on a job well done, he addresses them as "Dyke and Fats." The two lose it: "Those are our words! You don't get to say it!"
It is not so much about it being wrong to be plus-sized but more so that women are often categorized against their will. I agree with Caroline that we are, in general, moving in the right direction and (slowly) building toward increased representation of different body types and backgrounds on television and film. What is so empowering, or, if I can use Glamour's word, inspiring about women like Schumer and McCarthy and Dunham and Kaling is that they've taken ownership over the way we view them. They're not inspiring because they're plus-sized or despite being plus-sized. They're inspiring because they're forcing us to see them as something beyond that. They're writers and producers and directors and actors, and they're making roles for themselves that regularly defy cultural expectations. A willingness to talk about one's own body becomes an allowance for everyone to talk about it. Let these women set the course for their own narratives and be "inspiring" on their own terms—and they'll break through even more barriers."
kate & aidy are the cutest
She is… TOUGH AS NAILS.
She is… SERVING JUSTICE.
She is… UNSTOPPABLE.
She is… VELVY O'MALLEY (as Officer Chubbina Fatzarelli)
She is… AIDY BRYANT.
And she is… UP FOR AN EWwy!
They are Dyke & Fats
Aidy Bryant on "Dyke and Fats"
They are… TOUGH AS NAILS. They are… SERVING JUSTICE. They are… UNSTOPPABLE. They are… THE BEST COPS IN CHICAGO. They are… DYKE AND FATS.
And this is… Aidy Bryant's Most Memorable Season 39 Moment!
"At the after-party I went up to Lorne and said, 'Thank you for putting something called "Dyke and Fats" on television.' I just couldn't believe that it had happened." – Saturday Night Live's Aidy Bryant in our May issue!


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United States District Court, D. Arizona
August 5, 2013
Timothy McKee, Plaintiff,v.Peoria Unified School District; Peoria Unified School District Board; Denton Santarelli, Superintendent for the District; Jane Doe Santarelli; Mary Ellen Simonson; Bruce E. Meyerson; Kirstin Story; John Doe Story; Denise Bainton; John Doe Bainton; Tahlya Visintainer; John Doe Visintainer; et al., Defendants
Decided: August 2, 2013.
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[Copyrighted Material Omitted]
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For Timothy McKee, a single man, Plaintiff: Kevin Koelbel, Kyle James Shelton, LEAD ATTORNEYS, Law Offices of Kevin Koelbel PC, Chandler, AZ; William R Hobson, LEAD ATTORNEY, Law Office of William R Hobson, Chandler, AZ.
For Peoria Unified School District, a political subdivision of the state, Defendant:Kimberly Anne Demarchi, Mary Ellen Simonson, LEAD ATTORNEYS, Lewis & Roca LLP, Phoenix, AZ.
For Denton Santarelli, Superintendent for the District, Joanne Santarelli, wife also known as Unknown Santarelli, Tahlya Visintainer, District's human resources director and public records officer, Matthew M Visintainer, husband also known as Unknown Visintainer, Defendants: Mary Ellen Simonson, LEAD ATTORNEY, Kimberly Anne Demarchi, Lewis & Roca LLP, Phoenix, AZ.
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G. Murray Snow, United States District Judge.
Defendants have moved to dismiss and strike, (Doc. 21), Plaintiff Timothy McKee's Second Amended Complaint (SAC), (Doc. 20). The Court grants the Motion to Strike and denies the Motion to Dismiss for the reasons described below. [1]
McKee worked as a physical education teacher in Defendant Peoria Unified School District for nine years. (Doc. 20 ¶ 16.) On May 5, 2010, one of the students drowned during a free swim period that McKee supervised with another physical education teacher. ( Id. ¶ ¶ 18--25.) Two teachers and no lifeguards were present. ( Id. )
The District hired Defendants Mary Ellen Simonson and Kristin Story, attorneys who worked with Defendant Tahlya Visintainer, the District's human resource director, to investigate the accident. ( Id. ¶ ¶ 8, 26.) Simonson, Story, and Visintainer met with McKee in August 2010 and requested that he resign; if he did not, the District threatened to terminate his employment. ( Id. ¶ 27.) Simonson, Story, and Visintainer informed McKee that they
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were preparing a formal Statement of Charges for Defendant Peoria Unified School District Governing Board and that McKee would need to meet with them again before August 20, 2010. ( Id. ¶ 29.)
After his meeting with Simonson, Story, and Visintainer, McKee hired an attorney who began an investigation into the District's actions. ( Id. ¶ ¶ 31--33.) McKee sought evidence from the District relating to the charges against him, but the District failed to timely produce that information, including records of interviews with witnesses. ( Id. ¶ ¶ 102--04.) McKee's attorney submitted a letter to the Board on August 17, 2010, that detailed McKee's account of the events of May 5, 2010, the existence of an intergovernmental agreement (IGA) between the District and the City of Glendale that required that three lifeguards be present when the pool was used ( Id. ¶ ¶ 33--35.), and the District's failure to comply with the safety regulations. ( Id. ¶ ¶ 37--40.)
McKee alleges that the decision to terminate him was made before August 20, 2010, outside of a required public meeting. ( Id. ¶ ¶ 42-43, 45--46.) On that date, the Board met first in an executive session to consider McKee's employment. ( Id. ¶ ¶ 48--49, 51--52.) Defendant Denton Santarelli, the District superintendent, presented the Board with the Statement of Charges, in which the administration alleged that there were sufficient grounds to terminate McKee's employment. ( Id. ¶ 53.) The Board presented Simonson as its attorney during the public session of August 20, 2010. ( Id. ¶ 60.) The Board adopted the Statement of Charges, after which McKee requested a hearing pursuant to state law. ( Id. ¶ ¶ 63--64.) The Board selected a hearing officer, who heard the case, made findings of fact, and ultimately made a recommendation to the School Board after hearing from Simonson and Story on behalf of the District and McKee and his counsel. ( Id. ¶ ¶ 65--67.) The hearing officer's findings were " fully in favor of McKee and he recommended no action be taken against McKee." ( Id. ¶ 68.)
The Board met again on December 6, 2010, and heard argument on the hearing officer's recommendations. ( Id. ¶ 70.) The Board's attorney, Simonson, argued on behalf of the District. ( Id. ) A different attorney, Denise Bainton, appeared for the first time on behalf of the Board at the hearing. ( Id. ¶ 77.) The Board rejected the hearing officer's recommendations and voted to terminate McKee's employment. ( Id. ¶ 71.)
After voting to terminate McKee's employment, the Board altered the hearing officer's findings to support the ultimate termination decision even though the Board did not have before it the full record of the hearing. ( Id. ¶ ¶ 72, 75, 79.) The District also supplied the Board with portions of the record without notice to McKee. ( Id. ¶ ¶ 81--82.) During this process, Simonson, Visintainer, and Santarelli encouraged members of the Board to conduct their own investigations outside the formal proceeding. ( Id. ¶ ¶ 78, 86--87.) In addition, Visintainer and Santarelli had numerous ex parte communications with the Board. ( Id. ¶ 86.) Simonson represented both the school administration and the Board. ( Id. ¶ ¶ 88--98.)
McKee filed an action against Defendants in Maricopa County Superior Court on November 21, 2011, in which he challenged the Board's actions. (Doc. 1-2.) He eventually amended his Complaint on January 2, 2013, to assert claims under 42 U.S.C. § 1983: First Amendment retaliation and denial of due process. (Doc. 1-4 at 89.) Defendants removed to this Court on January 22, 2013. (Doc. 1.) McKee once again amended his Complaint and Defendants have moved to dismiss and/or
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strike on five grounds: (1) McKee's SAC violated a still-operative state court order; (2) the SAC added a claim in violation of this Court's Order; (3) the Colorado River doctrine counsels a dismissal in light of parallel state court proceedings; (4) the § 1983 claims are untimely; and (5) McKee fails to state a claim upon which relief can be granted. Defendants also seek sanctions under 28 U.S.C. § 1927. The Court strikes McKee's conspiracy claim, but the remainder of the SAC survives Defendants' Motion.
Defendants assert that the claims McKee brings in his SAC contravene an order issued by the Superior Court before this case was removed. " After removal, the federal court takes the case up where the State court left it off." Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423, 436, 94 S.Ct. 1113, 39 L.Ed.2d 435 (1974) (internal quotation marks omitted). " The federal court . . . treats everything that occurred in the state court as if it had taken place in federal court." Butner v. Neustadter, 324 F.2d 783, 785 (9th Cir. 1963). " Consequently, an order entered by a state court 'should be treated as though it had been validly rendered in the federal proceeding.'" Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876, 887 (9th Cir. 2010) (quoting Butner, 324 F.2d at 786).
McKee's original Complaint asserted a common law whistleblower claim, a statutory wrongful termination claim, and claims for emotional distress. (Doc. 1-3.) The Superior Court dismissed without prejudice the whistleblower claim on Defendants' Motion to Dismiss. (Doc. 21-6, Ex. 6 at 22:2--17.) The concern was that McKee's administrative appeal from his termination was still pending in Superior Court. ( Id. ) The Superior Court also granted leave to amend " as to the other two counts. . . . . You'll have 30 days from [December 3, 2012] to amend your pleadings as to the other two claims." Id. at 22:18--25.) The " two counts" language seems to reference the wrongful termination and emotional distress claims.
Nevertheless, when McKee filed his Amended Complaint, he asserted claims under 42 U.S.C. § 1983 for First Amendment retaliation and due process violations. (Doc. 1-4 at 89.) Those claims arguably fell outside of the scope of amendment permitted by the Superior Court, which allowed only amendment of the wrongful termination and emotional distress claims, not the addition of new claims.
But the Superior Court's order was not the final word on the scope of permissible amendment. On February 19, 2013, after removal, the Parties filed a Stipulation re Consent to Filing of Amended Complaint. (Doc. 15.) In that Stipulation, Defendants " consent[ed] pursuant to Fed.R.Civ.P. 15(a)(2) to the filing of an amended complaint against them in this matter . . . . This consent extend[ed] only to a complaint that attempts to restate one or both of the claims contained in the currently operative complaint, and not to any proposed amended complaint seeking to add other claims or parties." ( Id. at 1.) Pursuant to that Stipulation, the Court entered an Order granting McKee " leave to file an amended complaint restating one or both of the claims contained in the currently operative complaint." (Doc. 16.)
There is no dispute that the then-operative complaint was the Amended Complaint that contained the § 1983 claims. In light of the Stipulation and the Court's subsequent Order, the first two claims in the Second Amended Complaint were appropriately asserted. Once the Parties reached a stipulation regarding the scope of permissible amendment and this Court ended an order that incorporated that stipulation
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any previous orders by the Superior Court regarding the scope of the amendment were " dissolved or modified" and of no effect. 28 U.S.C. § 1450.
Yet the scope of permissible amendment contained in the stipulation was limited to the two § 1983 claims that existed in the Amended Complaint. McKee added a conspiracy claim in his SAC that was not included in the Amended Complaint. This Court specifically ordered that " [i]f Plaintiff wishes to file an amended complaint adding claims or parties not appearing in the current operative complaint, filing of that complaint must separately comply with the requirements of Fed.R.Civ.P. 15(a)([2]) and is not permitted by this Order." (Doc. 16.) McKee did not obtain consent from Defendants or leave from this Court to add a new claim as required by Fed.R.Civ.P. 15(a)(2). Count Three therefore is stricken without prejudice.
McKee argues that, while he did not have a conspiracy claim in his Amended Complaint, he did allege that Defendants acted together to deprive McKee of his rights under § 1983. To strike his conspiracy claim " would be elevating form over substance." (Doc. 23 at 9.) Whatever McKee wishes to call it, he did not have a right under the Federal Rules to add a new legal claim for conspiracy. While the factual basis for the claim may have been present, the addition of a new legal claim is not a matter of form.
Defendants next claim that this Court should dismiss or stay this litigation under the Colorado River doctrine to allow McKee to complete the appeal of his termination that is currently pending in Superior Court. (Doc. 21-1, Ex. 1; Doc. 21-2, Ex. 2.) [3] On appeal, McKee argues, similar to his assertions here, that his termination involved a denial of due process, statutory failures in the Statement of Charges, and arbitrary and capricious action. (Doc. 21-7, Ex. 7.)
A. Legal Standard
When a state court and federal court are engaged in " the contemporaneous exercise of concurrent jurisdiction," considerations of " wise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation" may result in a federal court staying litigation. Colorado River Water Conservation Dist. v. U. S., 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). Nevertheless, federal courts have a " virtually unflagging obligation . . . to exercise the jurisdiction given them," and the doctrine of Colorado River should be invoked only in " exceptional" circumstances. Id. at 817--18.
To decide whether a particular case presents the exceptional circumstances that warrant a Colorado River stay, " the district court must carefully consider 'both the obligation to exercise jurisdiction and the combination of factors counseling against that exercise.'" R.R. St. & Co. v. Transp. Ins. Co., 656 F.3d 966, 978 (9th Cir. 2011) (quoting Colorado River, 424 U.S. at 818). The decision rests not on a mechanical checklist, but on a careful balancing of the important factors as they apply in a given case, with the balance heavily weighted in favor of the exercise of jurisdiction. Moses H. Cone Mem'l Hosp. v. Mercury Const. Corp., 460 U.S. 1, 16, 103 S.Ct. 927,
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74 L.Ed.2d 765 (1983); see also Am. Int'l Underwriters, (Philippines), Inc. v. Cont'l Ins. Co., 843 F.2d 1253, 1257 (9th Cir. 1988) (noting that factors are to be applied in a " pragmatic and flexible" way). That already tilted balance in favor of exercising jurisdiction is further exacerbated when a federal question is involved. Moses H. Cone Mem'l Hosp., 460 U.S. at 23, 26 (" [T]he presence of federal-law issues must always be a major consideration weighing against surrender [of jurisdiction]." ).
The Ninth Circuit has identified eight factors for assessing the appropriateness of a Colorado River stay:
(1) which court first assumed jurisdiction over any property at stake; (2) the inconvenience of the federal forum; (3) the desire to avoid piecemeal litigation; (4) the order in which the forums obtained jurisdiction; (5) whether federal law or state law provides the rule of decision on the merits; (6) whether the state court proceedings can adequately protect the rights of the federal litigants; (7) the desire to avoid forum shopping; and (8) whether the state court proceedings will resolve all issues before the federal court.
R.R. St. & Co., 656 F.3d at 978--79 (internal citation omitted). If there is any doubt as to whether a factor weighs in favor of either party, that factor should be resolved against a stay. Id. at 979. Defendants advance arguments only under the third, fourth, fifth, sixth, and eighth factors.
B. Piecemeal Litigation
" Piecemeal litigation occurs when different tribunals consider the same issue, thereby duplicating efforts and possibly reaching different results." Am. Int'l Underwriters, 843 F.2d at 1258. The general rule regarding parallel suits is that " the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal court having jurisdiction." Colorado River, 424 U.S. at 817 (internal citation omitted). " The mere possibility of piecemeal litigation does not constitute an exceptional circumstance." R.R. St. & Co., 656 F.3d at 979 (citing Travelers, 914 F.2d at 1369). Instead, the case must raise a " special concern about piecemeal litigation," Travelers, 914 F.2d at 1369, which can be remedied by staying the federal proceeding, R.R. St., 656 F.3d at 979.
A special concern arises when the state court has made rulings or the state action has progressed in a manner that unreasonable duplicative effort would result from the federal court's exercise of jurisdiction. See Travelers, 914 F.2d at 1369 (finding this factor to be neutral because " at the time of the district court's stay order the state court had made no rulings whatsoever in regard to this dispute" and " whichever court were to first reach a judgment on the merits, that judgment would most likely have conclusive effect on the other court" ); cf. Am. Int'l Underwriters, 843 F.2d at 1258 (finding that the state court having already decided several substantive issues in the case, it was clear that the federal court would have to decide those issues anew if it exercised jurisdiction).
This case does not present any special concerns beyond the possibility that the state and federal courts might arrive at different conclusions. In fact, it is not clear that this is a parallel suit. The typical Colorado River case arises when two different lawsuits have been filed, one in state court and the other in federal court that allege the same basic facts and seek the same basic relief. That is not the posture here. McKee's only pending lawsuit in state court is a direct appeal from the Board's decision to terminate his employment. While this administrative appeal
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likely presents some similar issues, such as violations of McKee's due process rights, it is not this lawsuit's twin. Its procedural posture is quite different, and it is not clear that McKee's administrative appeal would necessarily result in relief. Furthermore, McKee's appeal does not include a whistleblower/retaliation claim. Defendants have not shown that entertaining this suit raises some special concern about piecemeal litigation that a stay would remedy.
C. Order of Jurisdiction
This factor " must be applied in a pragmatic, flexible manner so that priority is not measured exclusively in terms of which complaint was filed first, but rather in terms of how much progress was actually made in the state and federal actions." Am. Int'l Underwriters, 843 F.2d at 1258 (citing Moses H. Cone Mem'l Hosp., 460 U.S. at 21). Further, " the mere existence of a case on the state docket in no way causes a substantial waste of judicial resources nor imposes a burden on the defendant[ ] which would justify abstention." Travelers, 914 F.2d at 1370 (internal quotation marks and citation omitted).
It appears that McKee's administrative appeal has been pending since sometime in 2011. (Doc. 21-2, Ex. 2.) [4] The briefing schedule recently completed, but it is not clear from the Superior Court's docket when argument will be held or a decision rendered. It is true that the state court case is further along than this case, where a responsive pleading has not yet been filed. Nevertheless, the state law administrative appeal is not a parallel suit. The relatively modest overlap in issues between the two suits is outweighed by their very different character. Consequently, the order of jurisdiction matters sheds little light on the advisability of a stay.
D. Applicable Law
The presence of federal-law issues will always be a major consideration weighing against surrender of jurisdiction. R.R. St., 656 F.3d at 980. Still, " in some rare circumstances", the presence of state-law issues may weigh in favor of that surrender. Id. When a case involves " routine issues of state law" this factor is considered neutral. See Travelers, 914 F.2d at 1370 (claims of misrepresentation, breach of fiduciary duty, and breach of contract); R.R. St., 656 F.3d at 980-81 (claims of breach of contract, indemnification, and subrogation).
The presence of federal claims in this action weighs heavily in favor of retaining jurisdiction. Moses H. Cone Mem'l Hosp., 460 U.S. at 23, 26. (" [T]he presence of federal-law issues must always be a major consideration weighing against surrender [of jurisdiction]." ) And there are no state law claims, even claims that federal courts sitting in diversity routinely address. Analysis of Arizona's statutory scheme for teacher employment decisions will be necessary to resolve McKee's claims. Nevertheless, those issues are secondary to the overall claim, which is federal in character. This factor weighs heavily in favor of the exercise of jurisdiction.
E. Adequacy of State Court Proceedings
" A district court may not stay . . . the federal proceeding if the state proceeding cannot adequately protect the rights of the federal litigants." R.R. St. & Co., 656 F.3d at 981. For example, a stay is not proper if there is a possibility that the parties will not be able to raise their claims in the state action. See Cone, 460 U.S. at 26 (emphasizing that
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the state court might lack the power to grant a motion to compel arbitration sought by plaintiff in federal court); Holder v. Holder, 305 F.3d 854, 869 n.5 (9th Cir. 2002) (noting that the state court probably lacked jurisdiction to hear the plaintiff's federal ICARA claim). Because McKee cannot raise his federal claims in his administrative appeal or necessarily receive the relief he desires, this factor weighs against a stay.
F. Parallel Suits
This final factor considers whether the state court proceeding " sufficiently parallels" and will resolve all issues in the federal proceeding. R.R. St., 656 F.3d at 982. " Exact parallelism" between the suits is not required for a stay to be appropriate. Nakash v. Marciano, 882 F.2d 1411, 1416 (9th Cir. 1989). Still, " the existence of a substantial doubt as to whether the state proceedings will resolve the federal action precludes a Colorado River stay." R.R. St., 656 F.3d at 982 (quotation marks and citations omitted). The Court must assess the weight of this factor based on the state of affairs " at the time of the Colorado River analysis." Id.
As discussed above, there is some overlap in the issues that the state court will consider in McKee's administrative appeal and this federal action. Both actions will address whether the termination proceedings complied with some form of due process. Nevertheless, McKee also brings a First Amendment whistleblower claim that is not a part of his state court action. Resolution of his appeal will not resolve the First Amendment claim and may not reach all of the due process violations he alleges here. Doubt therefore exists as to the ability of the administrative appeal to address all of the claims that McKee seeks to bring in this action and to provide the relief he seeks.
Defendants have not shown that the Colorado River doctrine favors dismissal or a stay. Many of the factors on which they rely actually favor maintaining jurisdiction. While there will be overlap between McKee's administrative appeal and this federal action, the extent of that overlap is insufficient to overcome the heavy presumption in favor of exercising jurisdiction over a federal case.
Defendants also move to dismiss the SAC for failure to comply with the statute of limitations. " Dismissal on statute of limitations grounds can be granted pursuant to Fed.R.Civ.P. 12(b)(6) 'only if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove that the statute was tolled.'" TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999) (quoting Vaughan v. Grijalva, 927 F.2d 476, 478 (9th Cir. 1991)).
Because § 1983 does not contain its own statute of limitations, courts borrow the forum state's statute of limitations for personal injury claims. See Wilson v. Garcia, 471 U.S. 261, 279--80, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). In Arizona, that time period is two years. Ariz .Rev .Stat. § 12-542; see TwoRivers, 174 F.3d at 991. In an employment-related § 1983 action, the two years begin to run from the time the plaintiff " learns of the 'actual injury,' i.e., an adverse employment action, and not when the plaintiff suspects a 'legal wrong,' i.e., that the employer acted with a discriminatory intent." Coppinger-Martin v. Solis, 627 F.3d 745, 749 (9th Cir. 2010); see also Chardon v. Fernandez, 454 U.S. 6, 8, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981) (" [T]he proper focus is on the time of the discriminatory act, not the point at which the consequences of the act become painful." ).
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According to the Complaint, the School Board voted to terminate McKee's employment on December 6, 2010. (Doc. 20 ¶ ¶ 70--71.) That was the date McKee would have learned of the actual injury, and so the statute of limitations ran on December 6, 2012. This action was filed on November 21, 2011, (Doc. 1-2), which would qualify as timely; however, the federal claims that are the only current claims in this suit were not raised until the Amended Complaint was filed on January 2, 2013, outside the limitations period, ( id. ).
The issue becomes whether the federal claims that first appeared in the Amended Complaint relate back to the date of the original pleading. " An amendment to a pleading relates back to the date of the original pleading when . . . the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out--or attempted to be set out--in the original pleading." Fed.R.Civ.P. 15(c)(1)(B). If the amended claims share " a common core of operative facts" with the originally-filed claims, relation back is proper. Mayle v. Felix, 545 U.S. 644, 659, 125 S.Ct. 2562, 162 L.Ed.2d 582 (2005). The addition of new causes of action does not operate as a bar to relation back because Rule 15(c)(1)(B) directs the court to look at the facts--is the similarly between the two pleadings " sufficient to impart fair notice of the transaction, occurrence, or conduct called into question" ? Martell v. Trilogy Ltd., 872 F.2d 322, 324 (9th Cir. 1989). In the words of another district court,
when it comes to relating an amendment back to the original complaint under Rule 15(c), the test is not whether the amendment states a new cause of action. . . . Instead, the question is whether the defendant ought to have known from the original complaint the facts which the plaintiff is now adding. . . . Once a complaint has been served, the policy behind the statute of limitations has been satisfied so long as the different theories introduced by the amendment fuse together within the 'conduct, transaction, or occurrence' set forth in the complaint.
Zagurski v. Am. Tobacco Co., 44 F.R.D. 440, 442 (D. Conn. 1967); see also Martell, 872 F.2d at 324 (asking whether defendant was on notice of the facts giving rise to the claims). If the new claims or causes of action are asserted against the same defendant, the standard is " more leniently applied." U.S. ex rel. Cericola v. Fed. Nat. Mortgage Assoc., 529 F.Supp.2d 1139, 1148 (C.D. Cal. 2007) (citing Martell, 872 F.2d at 324).
A fairly recent case in this circuit presented a similar situation. In Martin v. School District No. 394, a teacher brought a Breach of Contract/Wrongful Discharge action in state court. 393 F.Supp.2d 1028, 1033 (D. Idaho 2005). He amended his complaint to add a § 1983 claim for violations of the Fourteenth Amendment's right to due process. Id. The court allowed the amended claims to relate back because the two pleadings were " based on the same core of operative facts, namely, the circumstances leading up to and including the termination of his employment." Id. at 1035. The court observed that " Plaintiff's § 1983 claim does not introduce new facts of which Defendants were unaware. To the contrary, the § 1983 cause of action relies exclusively on the same conduct and occurrences supporting Plaintiff's state law claims enunciated in the original Complaint." Id.
The same principles apply here. While the causes of action have changed, the core factual basis for McKee's claims has not. In both complaints he has described the events leading up to the statement of charges, the procedures that the board employed to consider his termination, and
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subsequent events. Notably, both pleadings describe McKee's letter that allegedly performed a whistleblowing function by alerting the Board to its noncompliance with the IGA, and the connection between the letter and his termination. Therefore, the crux of his present First Amendment and due process claims was apparent in the original pleading. Defendants were on notice that McKee was challenging their actions during that time period and those proceedings. The SAC was " based on the same core of operative facts" as the original Complaint, " namely, the circumstances leading up to and including the termination of [McKee's] employment." Id. McKee's amended claims therefore relate back to the filing of the original Complaint and are not barred by the statute of limitations.
Rule 12(b)(6) is designed to " test the legal sufficiency of a claim." Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). To survive dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), a complaint must contain more than " labels and conclusions" or a " formulaic recitation of the elements of a cause of action" ; it must contain factual allegations sufficient to " raise a right to relief above the speculative level." Bell A. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). While " a complaint need not contain detailed factual allegations . . . it must plead 'enough facts to state a claim to relief that is plausible on its face.'" Clemens v. DaimlerChrysler Corp., 534 F.3d 1017, 1022 (9th Cir. 2008) (quoting Twombly, 550 U.S. at 570). " A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Twombly, 550 U.S. at 556). The plausibility standard " asks for more than a sheer possibility that a defendant has acted unlawfully." Id. When a complaint does not " permit the court to infer more than the mere possibility of misconduct, the complaint has alleged--but it has not shown--that the pleader is entitled to relief." Id. at 679 (internal quotation omitted).
When analyzing a complaint for failure to state a claim under Rule 12(b)(6), " [a]ll allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party." Smith v. Jackson, 84 F.3d 1213, 1217 (9th Cir. 1996). However, legal conclusions couched as factual allegations are not given a presumption of truthfulness, and " conclusory allegations of law and unwarranted inferences are not sufficient to defeat a motion to dismiss." Pareto v. FDIC, 139 F.3d 696, 699 (9th Cir. 1998).
B. First Amendment Retaliation Claim: Whistleblower
McKee alleges that Defendants took adverse employment action against him in part for his submission of a letter on August 16, 2010. (Doc. 20 ¶ ¶ 115--23.) In that letter, he " reported to the Board that its policies and protocols for supervising the Ironwood High School pool were not in compliance with the County Regulations or the IGA." ( Id. ¶ 115.)
" The First Amendment shields a public employee if he speaks as a citizen on a matter of public concern." Ellins v. City of Sierra Madre, 710 F.3d 1049, 1056 (9th Cir. 2013) (internal quotation marks omitted). A claim that a government entity impermissibly retaliated against a plaintiff for the exercise of his First Amendment rights requires the plaintiff to show that (1) he spoke on a matter of public
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concern, (2) he spoke as a private citizen (not as a public employee), and (3) his speech was a substantial or motivating factor in the adverse employment action. Robinson v. York, 566 F.3d 817, 822 (9th Cir. 2009). Defendants contend that the allegations of the SAC--even taken to be true--fail to show that McKee was speaking on a matter of public concern when he wrote the August 12, 2010 letter.
" The public concern inquiry is purely a question of law." Eng v. Cooley, 552 F.3d 1062, 1070 (9th Cir. 2009). It looks at " the content, form, and context of a given statement, as revealed by the whole record." Connick v. Myers, 461 U.S. 138, 147--48, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). Notably, the fact that a communication was not public is not dispositive of the question of public concern. Anthoine v. N. Cent. Counties Consortium, 605 F.3d 740, 749 (9th Cir. 2010) (" It is not determinative that Anthoine did not air his concerns publicly." ). The absence of a developed factual record at this stage of the litigation makes a proper weighing of the statement very preliminary.
" Speech involves a matter of public concern when it can fairly be considered to relate to 'any matter of political, social, or other concern to the community.'" Johnson v. Multnomah Cnty., 48 F.3d 420, 422 (9th Cir. 1995) (quoting Connick, 461 U.S. at 146). Such speech stands in contrast to " individual personnel disputes and grievances" that " would be of no relevance to the public's evaluation of the performance of governmental agencies" . McKinley v. City of Eloy, 705 F.2d 1110, 1114 (9th Cir. 1983). Thus, " the content of the communication must be of broader societal concern. [Our] focus must be upon whether the public or community is likely to be truly interested in the particular expression, or whether it is more properly viewed as essentially a private grievance." Roe v. City and Cnty. of San Francisco, 109 F.3d 578, 585 (9th Cir. 1997). The speech in question need not be wholly devoted to issues of public concern to obtain First Amendment protection. See Connick, 461 U.S. at 149 (one of a multi-part questionnaire touched on matters of public concern and therefore the speech received protection). Nevertheless, " 'passing references to public safety[,] incidental to the message conveyed' weigh[] against a finding of public concern." Desrochers v. City of San Bernardino, 572 F.3d 703, 712 (9th Cir. 2009) (quoting Robinson v. York, 566 F.3d 817, 823 (9th Cir. 2009)). Where specific allegations of conduct amounting to an " actual or potential wrongdoing or breach of public trust" are absent, the speech's reference to public officials or entities is unlikely to merit protection. Id.
The content of the letter addressed matters of public concern. The letter opens by stating two purposes: (1) a " Notice of Claim pursuant to A.R.S. 12-821-01 for tortious claims including but not limited to defamation and infliction of emotional distress caused by the District and its agents", and (2) " notice under the Arizona whistleblower statute, Ariz. Rev. Stat. (" A.R.S." ) § 38-531, et seq. of the District's failure to abide its Intergovernmental Agreement with the City of Glendale and violations of the County Regulations regarding Swimming Pools." (Doc. 21-9, Ex. 9 at 1.) The letter then describes, in some detail, the drowning accident and McKee's role in observing and responding to the situation. ( Id. at 1--2.) McKee denied responsibility for the accident and claimed that the District caused emotional distress by " insinuat[ing] and intimat[ing] that Mr. McKee is responsible for the student's death." ( Id. at 2.) The letter recites case law that McKee claims shows
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his lack of responsibility under Arizona law. ( Id. ) While this first portion of the letter appears to address a dispute solely between McKee and the District, the subject of that dispute may be regarded as a matter of public concern. The dispute centered on a public school teacher's involvement (or lack thereof) in a student's accidental drowning during school hours and on a school facility. The local community would likely be interested in that subject and the accounts of both sides. The event provides a window through which parents and relatives of public school children could scrutinize those to whom they entrust their loved ones. Therefore, the content of the first part of the letter addresses a matter of public concern.
The second portion of the letter turns to a criticism of the District's actions in the accident. McKee described how the District " neglected and failed to have properly qualified lifeguards on duty", and " has no policies in place for water safety." ( Id. ) He then described the existence of the IGA, its water safety requirements, and the District's failure to comply those terms. ( Id. at 3.) The District's failure to engage in safety practices and abide by contractual agreements is a matter of public concern for the same reasons as McKee's involvement in the accident. The public would be interested in these subjects, especially in light of the accidental drowning. Consequently, the content of the speech in question addresses a matter of public concern.
To the extent Defendants base their motion to dismiss on the form and context in which the allegedly protected speech was made, it invites this Court to consider and resolve factual matters on a motion to dismiss. The SAC sufficiently alleges a matter of public speech. McKee alleges in his SAC that the letter served to formally put the District on notice of its failure to abide by proper safety regulations. ( Id. at 1 (" This letter also constitutes notice under the Arizona whistleblower statute . . . of the District's failure to abide its Intergovernmental Agreement with the City of Glendale and violations of the County Regulations regarding Swimming Pools." ); Doc. 20 ¶ ¶ 33--38, 115--17.) In light of these declared purposes, which the Court takes as true at this stage, it appears McKee spoke, at least in part, with a desire " to bring to light actual or potential wrongdoing or breach of public trust" by the District. Connick, 461 U.S. at 148.
In sum, the Second Amended Complaint sufficiently alleges that McKee was retaliated against for a matter of public speech.
C. First Amendment Retaliation Claim: Retention of Counsel
McKee also claims that Defendants' adverse employment action was in retaliation for exercising his First Amendment right to consult with counsel prior to meeting with District officials. (Doc. 20 ¶ ¶ 113--14, 118--22.) Defendants claim there is no First Amendment right to consult with counsel, citing the Supreme Court's decision in Walters v. National Ass'n of Radiation Survivors . In Walters, the Supreme Court addressed whether the Veterans Administration violated the First Amendment by capping the fees attorneys could charge for their services in relation to obtaining benefits. 473 U.S. 305, 307, 105 S.Ct. 3180, 87 L.Ed.2d 220 (1985). In that context, the Court observed, in dicta, that the idea that claimants " have a First Amendment right to pay their surrogate speaker" when they are " presently . . . allowed to speak in court" was a " questionable proposition." Id. at 335. In a footnote, the Court then noted that its decision was largely confined to the statutory structure Congress crafted to administer veterans' benefits. Id. at
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335 n.13 (noting that the constitutional analysis for " a restriction on the available resources of a claimant in Government benefit proceedings" differed from other contexts). Accordingly, Walters did not hold that there is no First Amendment right to consult with an attorney--the Court indicated its hesitation to make such a holding in a benefits proceeding, but did not close any doors.
The Ninth Circuit has squarely addressed the question: " [W]e recognize that--at least as a general matter--the right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition." Mothershed v. Justices of Supreme Court, 410 F.3d 602, 611 (9th Cir. 2005) (internal quotation marks omitted). Consequently, Defendants' argument that the First Amendment does not protect an individual's right to retain and consult with counsel is incorrect. [5] McKee's First Amendment Retaliation claim based on his consultation with counsel remains.
D. Due Process
In his SAC, McKee chronicles at least eight actions that he claims violated his right to due process under the Fourteenth Amendment: (1) presenting evidence not included in the Statement of Charges; (2) refusing to disclose names of witnesses; (3) blocking access to evidence; (4) interfering with McKee's access to witnesses; (5) having Simonson, who advised the Board about adopting the Statement of Charges prior to the hearing, appear before the Board during the hearing; (6) retaliation against McKee for obtaining counsel; (7) having the District or its agent act as investigator, party, judge, prosecutor, and reviewing tribunal; and (8) providing a tribunal with a direct pecuniary interest in the outcome of the hearing. (Doc. 20 ¶ 107.) Similar allegations pepper the remainder of his pleading.
Defendants claim only that either the allegation that the Board's attorney met with members of the District Administration before adopting a Statement of Charges (thus acting both as investigator and adjudicator), or the allegation the Board's counsel acted collusively with the Administration's counsel fails to state a claim for a violation of due process. As the Supreme Court has remarked, " [t]he contention that the combination of investigative and adjudicative functions necessarily creates an unconstitutional risk of bias in administrative adjudication has a . . . difficult burden of persuasion to carry." Withrow v. Larkin, 421 U.S. 35, 47, 95 S.Ct. 1456, 43 L.Ed.2d 712 (1975). In Winthrow, the Supreme Court rejected the " bald proposition" that the " combination of investigative and adjudicative functions . . ., without more, constitute[s] a due process violation." Id. at 52, 54, 58. It rejected the lower court's ruling that the mere fact that an agency process combined some investigative and adjudicative functions created a due process violation. Id. Nevertheless, it made the following observation: " That the combination of investigative and adjudicative functions does not, without more, constitute a due process violation, does not, of course, preclude a court from determining from the special facts and circumstances present in the case before it that the risk of unfairness is intolerably high." Id. at 58. Thus " bare suggestion[s] that the two roles [of investigator and adjudicator]
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conflicted carrie[s] no weight," Eklund v. City of Seattle Municipal Court, 628 F.3d 473, 485 (9th Cir. 2010), while " special facts and circumstances" may render viable an allegation of conflated roles, Withrow, 421 U.S. at 58.
McKee does not base his due process claim solely on the contention that the Board acted as both investigator and adjudicator. Had he done so, Winthrow would require dismissal. Instead, McKee alleges that all of the eight allegations of bias and impropriety operating together, including the conflation of investigative and adjudicative functions resulted in a process that robbed him of his rights under the Fourteenth Amendment. His case is therefore unlike Withrow and Eklund, where the sole due process allegation was role overlap. Defendants have not contested in this Motion to Dismiss the viability of any of the other due process violations (outside of the collusion of counsel, discussed below). Given that the interplay between all the due process violations implicates factual questions, the Court declines to rule that McKee's claim of bias due to the Board's overlapping roles fails to state claim on which relief is granted.
Defendants also challenge McKee's allegation that there was substantial collusion between the attorneys for the Board and Administration at a point when each entity should have had separate counsel. Their challenge, however, is based solely on discussions in transcripts and records from the termination proceedings. McKee claims that representations made in those proceedings suggest that there was overt collusion; Defendants claim that the record reflects no such thing. Consequently, there is a factual dispute between the Parties that is inappropriate for consideration on a Motion to Dismiss, especially on matters outside the pleadings.
McKee did not comply with the Court's Order when he added a new claim for conspiracy in his SAC. The Court grants Defendants' Motion to Strike that claim. Outside of that claim, however, none of Defendants' grounds supports dismissal of McKee's remaining claims. Consequently, their request for attorneys' fees and costs under 28 U.S.C. § 1927 is denied.
IT IS THEREFORE ORDERED that Defendants' Motion to Dismiss, (Doc. 21), the Second Amended Complaint is DENIED.
IT IS FURTHER ORDERED that Defendants' Motion to Strike, (Doc. 21), Count III in the Second Amended Complaint is GRANTED.
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I hope to open a Pandora´s Box. Today´s final look at China (this blog´s first "destination exposé´) questions undertaking business in a country with a harsh human rights record.
We are business people and human beings"?¦.with consciences. There is a lot at stake: profits are pouring in from the company´s Chinese investments, expansion is imminent, promotions are being dealt out, but at what cost do we brush aside ethics? China has political protestors rotting in prison, has just completed a railway into Tibet, a country they invaded and oppressed ever since and they punish their people for joining peaceful movements such as Falungong.
It is not just its own people. Intent on bringing Taiwan to heel, Chinese Ambassador Li Zhengjun recently urged the members of the South Pacific Tourism Organisation not to entertain Taiwan's application for membership, stating that China would give due consideration to other Pacific island countries to have them listed as tourist destinations for Chinese tourists. Taiwan´s bid was rejected.
China brims with incredible opportunities, attractions, institutions and places. It has a fascinating history, a rich heritage, astounding health modalities that people all over the world come to study. It is a vast country worth investigating.
I stood in the middle of Tiananmen Square and tried to imagine the massacre that occurred here in 1989: a series of (initially peaceful) demonstrations led by students, intellectuals and labour activists. The government brutally put the protest down by killing 3000 of it´s civilians and leaving another 10,000 injured.
Human rights is not a new problem and it is not just isolated to China. Many countries oppress their own people (in fact, most countries marginalize their minorities in some way) and while it doesn´t need to be an insurmountable obstacle to doing business, a preliminary study can be useful. Where should your business be based, who will be involved, where will the investments go and how will your business affect people´s lives. All these and more need to be understood and debated, if we are not to personally prop up a system of abuse.
Will money be going to the government to fund its activities or to the local people? Can your "foreign investment leverage´ be used to make small changes to the lives of the Chinese people, especially the ones who are suffering and even spark incremental internal changes within the "system.´
It has been said that the best way to initiate change is from within. Will you speak out against human rights abuse, however small, even when a deal is hanging in the balance? This is a tricky path to tread, but if we are to be able to sleep at night, we must know the consequences of our decisions.


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Home >> Write >> Relationship >> Dating >> Friends and dating
Friends and dating
Friends and Dating: A Great Combination or A Recipe For Disaster?
Depending how you combine friends and dating, you can either have a recipe for success or for a disaster! Some might say that combining the two is a mistake, but I think that when combined properly, there can come some good…if you're careful.
There are a few ways that friends and dating can intertwine; dating a friend or using your friends to help you date. Dating a friend can be tricky because you run the risk of not working out as a couple and possibly ruining your friendship. On the other hand, if it does work out, how wonderful would it be to be romantically involved with someone who you have such a close connection with? It's likely worth the risk if you can talk about it in advance and go over the what ifs before you jump into a romance. You should also be as honest with yourself as you can be. It's really easy to say that if things don't work out for you guys that you will still always love that person as a friend and be able to handle friendship AFTER the demise of a relationship, but will you really be able to handle it when the time comes? Will you want to? Have you managed to stay friendly with exes in the past? Seriously give it thought because the reality is that most of us—even those with good intentions—don't stay friends with exes and usually don't want to! Also think about staying friends and whether or not you will be able to be supportive of or even stomach him/her seeing someone else after the two of you having been down that road. It won't be easy, that's for sure!
Now, as for friends and dating in terms of them helping you find love; that's a tad easier to deal with even if things don't work. Friends are an almost untapped resource as far as dating goes. Your friends have friends who are single who also have friends who are single…and so on and so on and so on. And who better to know what you like in a partner than those who hear you bitch and moan about dating as your friends do?! I'm not saying that by having your friends fix you up that it's a guarantee at finding love, but I am saying that they can provide you with the opportunity to meet a bunch of new people, have a few fun dates and give you a better shot at finding a decent guy or girl that you'll have things in common with than you have by hitting the bar or club. And that right there is already a great start isn't it? Friends are also great at giving you insight into dating that you may not have when you're in the throws of infatuation that comes with meeting someone new. You can count on your friends to help you open your eyes to someone who you might be quick to dismiss even though they could be great. And, the best part about friends and dating is that if they set you up with a total dud, then they're usually willing to do your dirty work and let him/her down easy for you!


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- 120 hours online TEFL training – study anywhere, on any device and get the skills you need to teach English confidently.
What will I need to organise?
Before you travel, there are a few things you need to sort. Keep things easy for yourself and don't leave them 'til the last minute!
- International Flights: You'll require return flights to Phnom Penh International Airport (PNH).
- Visas: £45 (£15 – 30 days + £30 for 30-day renewal).
- Police check: You must carry a clean police check. For the UK you'll need to pay approximately £25 for a Disclosure Scotland. For all other countries, please consult your local police department (costs may vary).
- Budget: We recommend budgeting approximately £20-£40 a week spending money.
- Travel insurance: this is really important – don't forget to sort yours before you travel! Travel insurance can be complicated – so click here for some great advice from our friends at the FCO.
What's Included?
- 120 Hour Online TEFL Qualification
- Advice & pre-departure preparation
- Airport pick-up & transfers
- 2 day orientation
- Accommodation & some meals
- Seven weeks' teaching in Phnom Penh
- 1 week at the beach in Sihanoukville
- Full in-country support throughout
What's not included?
- Flights
- Visas and visa administration fees
- Police check
- Budget: Approximately £20 – £40 per week
- Travel insurance


text: Erugh absolutely disgusting.. Where do I start? Firstly I think some/most of the reviews on here rating it good/excellent MUST be fake or done by the hotel. Noone in the right mind would say this 'hotel' is worth staying in!!! My boyfriend booked this hotel through laterooms as a surprise anniversary trip to London. Now on the laterooms website it... More


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Having unwanted fat in various areas of your body can have a significant effect on your health and self-esteem. While standard weight-loss through workout and diet plan is a fantastic way to drop weight overall, even the very best workouts can't target problem areas like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is utilized to remove excess fat from specific areas of the body, enabling a specific to form and contour their body to their preference. Is liposuction right for you? Learn now.
Pros of Liposuction
There are numerous advantages to this cosmetic procedure, including:
• Instantly obvious changes. Unlike traditional weight reduction, liposuction develops changes that are instantly noticeable in the body. Some difference is noticeable immediately, and the wanted results are normally accomplished in just a couple of days.
• Proven and safe. This cosmetic treatment has actually been performed by experienced specialists all over the world for years and the strategy has been improved over and once again to be safe and effective.
• Recovery time is typically fast. The downtime needed after having this type of treatment is generally much less than what is required for other kinds of cosmetic treatments, including abdominoplasty, breast reduction, and more. People who have had the treatment can typically return to work much more rapidly than they prepared for and can get back to living a healthy, active lifestyle.
• Weight loss can be permanent. With the ideal maintenance methods, the fat that was eliminated during the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they want to look, beyond what traditional diet plan and exercise can supply. Offering people this power over their bodies increases self-confidence and help people feel their best.
While there are numerous advantages to liposuction, there are obviously a few caveats that should be thought about before making the decision to move forward with the procedure.
Cons of Liposuction
Prior to having liposuction done, it is very important to examine the possible drawbacks of the treatment and identify if the advantages surpass the dangers in your certain case. Your surgeon can help you find out more about the risks related to the treatment and can help you decide if moving forward is the best thing for you.
• Complications with general anesthesia. Due to the fact that liposuction is performed under basic anesthesia, the procedure carries the same threats as any other kind of surgical treatment where general anesthesia is utilized. Hidden medical conditions may enhance these threats.
• Unfavorable reactions. Bruising, bleeding, and discomfort are all to be anticipated, however, in uncommon cases can trigger more substantial complications.
• The potential to get the weight back. After having liposuction done, it is crucial to maintain a healthy diet plan and exercise appropriately as recommended by your doctor. Failure to do so might result in acquiring back the weight that was lost or possibly a lot more.
Although there are threats related to liposuction, for many people, the benefits far exceed them. Educate yourself about the procedure by having extensive discussions with your surgeon and think about how liposuction has the prospective to affect you as a special individual. Only you and your specialist can determine if liposuction will offer you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Unadilla NY
Laser liposuction is a more recent, minimally invasive treatment that involves heating the fat cells to melting point and eliminating the melted fat through a small cannula. The procedure is typically done right in your physician's office and is an excellent alternative for people who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary procedure to weight loss in order to shape the body you have actually always wanted.
Contact a Cosmetic surgeon in your Unadilla NY today.
If you're considering liposuction as a weight loss option, it's important that you discuss your desires with a certified cosmetic surgeon in your area. Your specialist will carry out a total test and health history survey to determine if liposuction can benefit you and assist you reach your physical and emotional goals. Call today for an assessment and learn more about how liposuction can help you accomplish the body of your dreams.


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Carbonear gives Targa another try
The Town of Carbonear is ready to give Targa Newfoundland another chance.
The Town of Carbonear is ready to give Targa Newfoundland another chance.
Marystown, NL- Fishing quotas was just one of the concerns discussed during a Federation of Independent Sea Harvesters Newfoundland and Labrador (FISH-NL) meeting held in Marystown Nov. 29.
St. Lawrence, NL- St. Lawrence Mayor Paul Pike would like to see the return of regional development officers.
With close on 50 people facing court dates relating to the Muskrat Falls protests, the Labrador Land Protectors group has been fundraising to help with legal fees.
According to Environment Canada's forecast, the Avalon Peninsula can expect periods of rain, sometimes mixed with snow, this evening.
The schedules for Marine Atlantic's Port aux Basques-North Sydney ferry run and a trio of ferries on the province's south coast have been affected by today's weather.
The government is moving to regulate payday lenders after years of operating outside the law. Service NL Minister Eddie Joyce said that the legislative amendments debated in the House of Assembly amount to consumer protection, but that doesn't mean the government is encouraging people from using payday lenders.
The provincial government is looking for more information from Vale, the operator of the Voisey's Bay nickel mine, because the planned underground expansion of the mine is being delayed.
Jeff Hunt was inspired to do something he's not sure has ever been done when he found out The Western Star was looking to talk to him about his latest success in life.
Jordi Slaney has been named as one of the best men's soccer players in Atlantic University Sport (AUS) for the 2016 season.
It is not uncommon for siblings to want to outdo one another.
It all started with 35 people and a vision, Grand Bank Lions Club member Carl Rose said.
The foyer at the Burin Peninsula Health Care Centre was packed tight for the opening ceremony of the Tree of Life and Memories project Wednesday evening.
It was an overcast day as Remembrance Day was observed on the Burin Peninsula.
LEWISPORTE, N.L. — There is real sense of fear surrounding the recent layoff of Coastal Shipping employees.
BONAVISTA, N.L. — Environmental work on O'Dea's Pond is starting soon after years of work by the Bonavista Environmental Committee and the Stewardship Association of Municipalities (SAM).
SHELBURNE, N.S. – A recent graduate from the NSCC steam and pipefitting program is pulling out all the stops to get a job in her field in Nova Scotia.
It was an announcement Greg Ryan, instructor of Heavy Duty Equipment Technician and Truck Transport Mechanic at College of the North Atlantic, has hoped to hear for some time.
PINKNEY'S POINT, N.S. – A scene repeated itself at wharfs throughout southwestern Nova Scotia Nov. 29 as lobster boats headed out to start the season.
Tri-County Vanguard editor Tina Comeau has covered dumping days before at the Pinkney's Point wharf. This one was different.
STEPHENVILLE CROSSING, N.L. — Trooper, the cat who survived after being frozen to a driveway in Stephenville Crossing for more than 18 hours in 2012 and was rescued by members of the Society for the Care and Protection of Animals, is dead.
ST. JOHN'S, N.L. — The secret to winning the Canada's Smartest Person competition, Katy Warren has said, is down to the theory of multiple intelligences: being at least a little bit smart in a number of different areas.
St. John's Mile One Centre will be turned into "My House" for Flo Rida when he performs here on Thursday, Dec. 8.
If you ask someone to make a decision for you, and, when you don't like what they pick and you go ahead and do something else, it's just rude.
Fake smile? Few things are as annoying or condescending. Fake food? I once cracked a tooth chomping on a wooden apple. Fake handbags? Trust me, Sue can spot the difference a mile away. Fake flowers? Future generations will shake their heads. Fake orgasms? … I mean, really?
There are many issues facing this province as we close out 2016 but the biggest one in the minds of many is jobs and if we don't do something about it, things are going to get a lot worse.
6:40 a.m. — Wake up. It's still dark out. Shave. Sink drain still slow. Shower. Stand in hot water, trying to figure out what to write a column and editorial about.


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Orange Sherbet Punch
Total Time
Prep 20 mins
Cook 0 mins
This recipe was taken from "epicurious" and is just like eating a Orange Dreamsicle. My family loves it and I think you will too!
Ingredients Nutrition
- 4 cups chilled orange juice
- 1 cup milk
- 3 tablespoons sugar
- 2 teaspoons orange zest
- 1⁄2 teaspoon ground nutmeg
- 1 cup chilled sparkling water
- 1 quart Orange sherbet
- Add together orange juice, milk, sugar, peel and nutmeg in large pitcher.
- Mix until sugar dissolves.
- Cover and refrigerate.
- Can be prepared the day before.
- Pour sparkling water into orange juice mixture and stir to blend.
- Scoop sherbet into large glass punch bowl.
- Pour punch over and serve immediately.
- Makes 12 servings.
Most Helpful
I have had this before and it is like eating a creamsicle! Kids and adults enjoy it and it is a great picnic or BBQ addition. Good for Vitamin C, too :) Thanks for posting!


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1. Preheat oven to 400 degrees F (200 degrees C).
2. Lightly grease one 8x12 inch baking dish.
3. Rinse fish fillets under cold water and pat dry with paper towels.
4. Lay fillets in the prepared tortilla shell add ½ of rest of ingredients.
5. Roll shell and place in oiled baking dish and repeat.
6. Pour the salsa over the top and sprinkle evenly with the shredded cheese.
7. Bake, uncovered, in the preheated oven for 15 minutes or until fish is opaque and flakes with a fork.
8. Serve with garnish as desired.
Serving size Per servingComplete recipe
Calories 619 Calories from Fat 220
% Daily Value*
Total Fat 27 g42%
Saturated Fat 14.2 g70.8%
Trans Fat 0 g
Cholesterol 174.3 mg58.1%
Sodium 1132.2 mg47.2%
Total Carbohydrates 27 g9%
Dietary Fiber 4.6 g18.4%
Sugars 7.5 g
Protein 63 g126.8%
Vitamin A 65.2%
Vitamin C 157.6%
Calcium 62.6%
Iron 12.3%
*Based on a 2000 Calorie diet


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Unit 1/31 Bramble Street Norman Gardens QLD 4701
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Approved ApplicationUnit 1/31 Bramble Street, Norman Gardens
Inspection Times
- No inspections scheduled
- Contact Agent
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LJ Hooker Rockhampton North Rockhampton
North Rockhampton QLD, 4701
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Real Estate For Rent in Norman Gardens, QLD 4701 priced between $160 and $300


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About Blu-byblos Bags Malaysia
BLU Byblos Bags Malaysia
Surprisingly, you can get discounts of up to 63% when purchasing BLU Byblos Bags online! Handbags are among the most famed models of BLU Byblos Bags. Looking for a BLU Byblos Bags? Find good ones not only from BLU Byblos Bags but also from XJ, GUCCI and Vakind. Can you believe they are only RM 174.00 - RM 788.00 for BLU Byblos Bags on iprice? Depending on your preferences and budget, you can choose between Handbags, Wallets and Sling Bags. To suit your home, most BLU Byblos Bags are manufactured with either White, Silver and Red.


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Hotels in Portal, Arizona
Search & Compare Portal Hotels
Get Secret Prices on select hotels
These prices aren't available to everyone.
Trending now in Portal
- Most bookedDD Gamble Guest Lodge and Ranch
5 people looked at this hotel in the last hour
Most recent review
"Tom and Alicia are wonderful hosts. Great homemade dinner and breakfast. 4 hour horse ride on lovely horses in Horseshoe Canyon near the ranch. Tom knowledgeable and entertaining. A highlight in our 5 week touring trip."
A Traveller, Oct 2016, US
Best hotels in Portal
Portal overviewThere's plenty to explore, including local sights like Chiricahua Desert Museum and Chiricahua Gallery. Whatever you're into, Portal has something for you.
Where to stay in PortalWhether you're planning to stay for a night or for the week, the area around Portal has accommodations to fit every need. Search for hotels near Portal with Hotels.com by checking our online map. Our maps display the areas and neighborhoods around each hotel so you can see how close you are from Portal, and then refine your search within the larger area. The best hotel deals are here with our lowest price guarantee.
What to see around PortalSome highlights of the area include:
- • Chiricahua Desert Museum
- • Chiricahua Gallery
- • Geronimo Surrender Monument
- • Chiricahua National Monument
- • Keeling Schaefer Vineyards
When to visit PortalWondering when's the best time to visit? Here are seasonal norms to help you plan your trip:
Seasonal temperature averages
- • January-March: 76°F day, 24°F night
- • April-June: 99°F day, 33°F night
- • July-September: 99°F day, 49°F night
- • October-December: 85°F day, 24°F night
- • January-March: 2.5 inches
- • April-June: 0.6 inches
- • July-September: 5.4 inches
- • October-December: 3.2 inches


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create a new account
no publisher, no place. [1955], 16p. 8.5x11 inche carbon-copy sheets printed one side only stapled top-left corner with cover sheet. Copy of an agreement to be signed by Plant Director Rodigin and Worker's Committee President Borisov. Hand-corrected line on page 6 in blue ink.
Cat.No: 97058
Price: $25.00
add to wishlist
The price of salt
Our Price: $450.00


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HTC Touch B aka Rome Gets Pictured, Specs Coming Soon
By Radu Iorga / December 2, 2009 / HTC371
The folks of Mobifrance have managed to score some pictures of HTC Rome, also known as HTC Touch. B and they promise to release the specs of the device today. This mystery handset might be an Android phone and it resembles HTC Touch2 greatly, when it comes to design.
Will the phone be part of the Droid series? We'll just have to wait and see…
I'm wondering if this is a 1 GHz CPU phone with a hot interface and all the cool specs, or a more average smartphone with a 600+ MHz processor and moderate features…
[via mobifrance]


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Re: Security by melting?
The answer is that flares are getting pretty ineffective. Lots of flares can still generate a big enough signature to just straight up blind an IR guided missile, increasing the chances of it missing by enough to not kill your airplane.
Chaff remains somewhat effective by the same principle. Your radar signature becomes so big and indistinct, it's hard for the missile to actually get close enough to kill your plane.
Any active decoy will very quickly run into the same problem flares ran into. Weapons will get smart enough to disregard a return that suddenly goes ballistic and chase the one that didn't go ballistic instead.


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Super Salad Seasoning Mix
Total Time
Prep 15 mins
Cook 0 mins
I'm posting this recipe in response to a request, plus it looked like a very good mix to use in a variety of ways. Plus, making a batch of this could be great for gifts and/or items to sell at a craft fair or bazaar! (from the Make-a-Mix cookbook)
Ingredients Nutrition
- 2 cups grated parmesan cheese
- 2 teaspoons salt
- 1⁄2 cup sesame seeds (toasting may bring out more flavor)
- 1⁄2 teaspoon garlic salt
- 1 tablespoon instant minced onion
- 2 tablespoons parsley flakes
- 1⁄2 teaspoon dried dill seed
- 2 tablespoons poppy seeds
- 1 teaspoon msg (optional)
- 3 tablespoons celery seeds
- 2 teaspoons paprika
- 1⁄2 teaspoon fresh ground pepper
- Combine all ingredients in a small bowl.
- Mix well.
- Put into a 1-qt.
- airtight container.
- Label.
- Store in a cool, dry place.
- Use within 3 to 4 months.
- This mix can be sprinkled over tossed green salads, baked potatoes, and various breads before toasting.
- It can also be a garnish for potato salads, macaroni/pasta salads, or egg salads.
- You can also make a dip with 2 tablespoons.
- mix and add 1 cup sour cream.
- NOTE: You could probably add dried red or green pepper for extra color and flavor too, if desired!
Most Helpful
This is so delicious and unique! I discovered that it's wonderful on hot buttered popcorn, too! I didn't use the poppy seeds (always wondering if they're stuck in my teeth...) and I substituted onion powder for the instant minced onion, but the rest was to the letter. I did toast the sesame seeds in a dry skillet for about 5 minutes - absolutely delicious addition. In fact, I think they're one of the things that make this mix so tasty. Great recipe; will make this againa and again.
Excellent sprinkle for just about anything. I used the poppy seeds and thought they helped with the great colour of the sprinkles. I also toasted the sesame seeds. Really enjoyed the flavour of the dried onions throughout the sprinkle. I served this on salad but would love to try on potatoes or pasta as Silent Cricket suggests. I even think it would be nice melted over fish or included in breading. I've just resumitted this review to add that we grilled (broiled) this on toast for breakfast this morning with some extra cheese. Very tasty. A keeper for me.
This tastes great right out of hand! I didn't use the msg or the poppy seeds. I did use toasted sesame seeds. I used this in chicken salad and over potato soup. So good!


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Hand and Nail Cream
Enriched with shea butter, Rose Hand and Nail Cream is absorbed quickly to provide lasting hydration. Rose extract is blended with shea butter and the product provides soothing properties to protect against skin irritation. Intensely protects hands and nails. Massage into hands and nails in the morning and throughout the day as needed.
A light floral fragrance with rose extract.


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The Dream »
The Dream And Tricky Stewart Are Hitting The Studio For Vinyl Only 'GodZofAnolog' Album!
Mr. Nash is making sure his comeback is going to be an enormous one, with announced of yet another project due out in 2015. Along with the release of his twin EPs 'Crown' andRead More »
The-Dream Talks Leaving Def Jam For Capitol Records, His Two Part EP, & More On The Breakfast Club (Video)
The-Dream visited Power 105's The Breakfast Club to talk about an array of topics. First he talks about wanting to leave Def Jam for Capitol Records. He mentions that when he writes for DefRead More »
Ne-Yo x Trey Songz x The Dream & T Pain – She Knows (Remix)
As Ne-Yo's latest album 'Non-Fiction' continues to pick up steam on iTunes, one of our generations greatest songwriters recruits Trey Songz, The Dream and T Pain for the remix to his single "She Knows"Read More »
The Dream Ft. T.I. – That's My Shit (Video)
The "Radio Killer," links up with fellow ATLien T.I. for his lead single. The track will appear on Dream's forthcoming EP Crown dropping March 31. The Dream also plans on following the EP up withRead More »
Yusha Assad – With Great Care: The Dream LP (Album Stream)
Authentic hip-hop, diverse style, unique delivery, and creative word play all describe recording artist Yusha Assad. Born Joshua Blackwell, Yusha is a North Carolina native by way of Washington, DC, striving toward a futureRead More »
The-Dream's "Crown" EP Release Date Revealed
Not only did The-Dream just drop the lyric video for "That's My Sh*t" featuring T.I. but now he is about to hit us with two back to back EPs titled Crown and Jewel. Crown willRead More »
The Dream – That's My Shit Ft. T.I. & Trev Rich (CDQ Version)
Last week a radio rip of The-Dream's brand new single "That's My Shit" surfaced. Today, we get the CDQ version of the viral track in it's entirety. For his latest leak the self-proclaimed RadioRead More »
The Dream and T.I. connect for "That's My Shit", the latest leak off the platinum recording artist/song-writer/producer forthcoming project Crown / Jewel. Stream the Tricky Stewart-produced single compliments of Miss Info. after the jump!Read More »