text:
How to Log Into an Oracle Database for the First Time
After an Oracle database is created, you will usually need to log in to the database directly to perform custom configurations. While there are many Oracle database implementations, most can be accessed through a command line utility with the exception of Oracle Express Edition. Use the SQLPlus utility to log in to an Oracle database for the first time unless using the Express Edition database.
Things You'll Need
- Credentials of an account that has access to the Oracle database obtained from the database administrator
- Windows computer with Oracle database software installed
- Name of the Oracle database obtained from the database administrator
Log In to an Oracle Database Express Edition Database
Step 1
Click the "Start" button on the Windows computer desktop and click "All Programs," then click "Oracle Database XX Express Edition" where "XX" is the version of Oracle database installed on the computer.
Step 2
Click "Go To Database Home Page" in the menu that appears. The "Database Home Page" login window will appear.
Step 3
Enter "system" into the "Username" field. Type the password configured for the "System" account during the Oracle database software installation.
Step 4
Click the "Login" button to access the database software home page.
Log In to an Oracle Database Using the SQLPlus Application
Step 1
Press the "Windows" key and the "R" key on the keyboard at the same time and type "cmd" into the "Run" box that appears. Press the "Enter" key.
Step 2
Type "sqlplus system@databasename" on the command line except replace "databasename" with the name of the computer hosting the Oracle database. Press the "Enter" key.
Step 3
Enter the database password when prompted and press the "Enter" key.


text:
Business TypeOther
Main MarketsNorth America South America Western Europe Eastern Europe Ea
Product/ServiceGeneral Services, General Services, General Services
Business Owner
EmployeesLess than 5 People
CategoryBusiness Services - Agency Services
Link ToolNigeria Business Services - Nigeria Agency Services
Company TagsEnvironmental Matters - Niger Delta - Niger Delta Region
Company Introduction
We are in charge of housing and environmental matters in the Niger Delta Region. We are located in the South South Geopolitical zones of Africa. We also oversee explorations and exploitations in this region.
Contact Information
Contact PersonMr. Franklyne Mayeba
Fax Number234-80-54051120
Post Code23409
AddressFederal Secretariate Complex Garki, Abuja, North Central, Nigeri

subset: commoncrawl


text:
Event: Bollywood actor Aftab Shivdasani attended Rock Bottom re-launch bash held at Juhu, Mumbai.
Guest List: Aftab Shivdasani, Narayani Shastri, Purab Kohli, Hard Kaur, Nikasha Lulla
Venue: Juhu, Mumbai.
Date: 03-Dec-2009
Bollywood celebs Hrithik Roshan, Athiya Shetty, Kanika Kapoor among others were seen at Anandita De's blog launch.
Bollywood actress Shilpa Shetty Kundra was snapped at the inaugurationof jewellery showroom of Varti Jewells.
Bollywood celebs Deepika Padukone, Anushka Sharma, Yami Gautam, Sonam Kapoor, Arpita Khan Sharma, Vijay Krishna Acharya, Arjun Kapoor among others were seen at the special screening of BEFIKRE.
Bollywood celebs Irrfan Khan snapped at the launch of Johnston & Murphy store.
Bollywood celebs Sunny Deol and Madhurima Tuli were snapped at the airport.


text:
ERIC Number: ED219822
Record Type: RIE
Publication Date: 1982-May
Pages: 20
Abstractor: N/A
Reference Count: 0
Assertiveness: To Be or Not To Be.
Friedley, Sheryl A.
Despite the increase in the number of women entering the work force, the organizational setting is not typically conducive to upward mobility for most women. According to a variety of research studies, the impact of sex role stereotyping clearly suggests a set of communication behaviors appropriate for male managers and a different set appropriate for female managers. Assertive communication is a style that permits honest expression of feelings and needs in a nonthreatening way, in contrast to passive or aggressive communication styles. While increased assertiveness leads to increased self-esteem in women, and most proponents of assertive behavior consider this style essential to upward mobility for women, some research suggests that assertive behavior may be received more positively when exhibited by males. When determining a communication style strategy, a woman might first consider the communication style of the supervisor and of the other men and women working in the organization. She might also consider the support system within the organization, because it is difficult to break norms in a work setting until approximately 30% of the work force has made the behavioral change. While assertive behavior may be a long range goal, it may be counter-productive at the outset of a job. (HTH)
Publication Type: Information Analyses; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Communicator Style
Note: Paper presented at the Annual Meeting of the Eastern Communication Association (Hartford, CT, May 6-9, 1982).


text:
Arthur Tedeschi
Just a test video on the first day with my Samsung SC-HMX20C. 1920x1080 30P. Video is pretty much untouched except for the text at the beginning. Had to use Cyberlink Power Director, as its the only software that seems to work with the h.264 mpg4 files correctly... If anyone knows better software to edit h.264 mpg4 files with, please let me know!


text:
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decided: May 30, 1975.
NORMAN DESOUSA AND RAYMOND GARFINKLE, T/A SPRING RIDGE APARTMENTS,v.THE ZONING HEARING BOARD OF WHITEHALL TOWNSHIP. WHITEHALL TOWNSHIP, APPELLANT
Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Norman Desousa and Raymond Garfinkle, t/a Spring Ridge Apartments v. The Zoning Hearing Board of Whitehall Township, No. 410 April Term, 1974.
F. Paul Laubner, with him Harry A. Kitey, for appellant.
Henry S. Perkin, with him Nabhan & Nabhan, for appellees.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Mencer.
[ 19 Pa. Commw. Page 368]
This is an appeal from an order of the Court of Common Pleas of Lehigh County reversing the decision of the Zoning Hearing Board of Whitehall Township (Township) which denied the request of Spring Ridge Apartments (Spring Ridge) for an alterations permit to partially modify a conforming structure to two conforming uses. We reverse.
It is now a well-established rule that where, as here, a lower court does not take any additional testimony, our scope of review is restricted to a determination of whether or not the zoning hearing board committed an abuse of discretion or an error of law. Doran Investments v. Muhlenberg Township Board of Commissioners, 10 Pa. Commonwealth Ct. 143, 309 A.2d 450 (1973).
The cognizable facts in this case reveal that Spring Ridge proposes to rent the lower level of K Building in its large apartment complex to Development Pre-School, a professional organization, for the purpose of conducting a preschool learning center which would service the general preschool population of the area. It is the intent of Development Pre-School to utilize the other apartment complex facilities also, including the playground, pool, and parking areas, during the course of its teaching day. About thirty part-time students are expected to attend the school. K Building's upper levels presently consist of twelve one-bedroom apartments, while the lower level is used only by the complex owners for temporary storage. Both apartmental and educational uses are permitted uses in this R-2 zone.
[ 19 Pa. Commw. Page 369]
K Building is a small part of Spring Garden's large garden apartment complex, which consists of approximately 308 apartment units. Tenants are entitled to the use of all facilities of the complex. The Spring Garden complex was originally approved as a whole unit when the plans were submitted to the Township before its original construction. At that time the lower level of K Building was designated as a storage area.
The threshold issue here is whether or not, under this particular ordinance, a second permitted use may be added to a building that already contains one permitted use. We think not.
Part five of the Whitehall Township zoning ordinance provides in part:
"R-2 Residential Zones
" Section 52. Use Regulations : A lot may be used or occupied for any of the following purposes:
"1. Any use permitted in an R-1 Residential Zone.*fn1
"5. Multiple dwellings . . . ."
Part three of the ordinance defines the term "multiple dwellings" to be "a building designed and occupied exclusively as a residence for three (3) or more families, also sometimes known as an 'apartment dwelling'." (Emphasis added.)
[ 19 Pa. Commw. Page 370]
We believe that these express provisions control the present appeal. We construe them as expressing an unequivocal and plain intention to exclude and prohibit any other use when an apartment dwelling use is already present. We of course recognize that in construing a zoning ordinance any doubt concerning the scope of a permitted use or an ambiguity respecting its definition must be resolved in favor of the applicant. Abington Page 370} Township v. Dunkin' Donuts Franchising Corporation, 5 Pa. Commonwealth Ct. 399, 291 A.2d 322 (1972). Further, words and phrases are to be given their everyday meaning unless otherwise defined by the ordinance or by their context. Shapiro v. Zoning Board of Adjustment, 377 Pa. 621, 105 A.2d 299 (1954).
A recent Bucks County case, Plosa v. Northampton Township Zoning Board of Adjustment, 20 Bucks L. Rep. 354 (1970), interprets the term "exclusively" under similar circumstances. In his able and thorough opinion, Judge Ludwig, speaking for an en banc court, discusses at length the application of this term when dealing with single family dwellings:
"It appears to us that the word 'exclusively' governs the meaning of the phrase we are dealing with: 'A building designed for and occupied exclusively as a home or residence for one family.' 'Exclusively' has been defined as 'solely' and 'apart from all others': Black's Law Dictionary, 4th Ed. (1957). The word 'exclusive' has been so construed by our Supreme Court in Harris-Walsh, Inc. v. Dickson City Borough 420 Pa. 259, 271 (1966) in considering the meaning of the phrase 'exclusive jurisdiction':
"'The word "exclusive" is of Latin derivation -- "ex" meaning "out" and "claudere" meaning "to shut." "Exclusive" precludes any idea of co-existence and its usual, ordinary and generally accepted meaning is "sole," "undivided" and "possessed to the exclusion of others.'"
"So defined, the occupancy of a single family dwelling as a residence or home is 'sole and undivided' and any additional use or purpose is 'shut out' and denied co-existence. A contrary conclusion would confound the average home owner in 'Orchard Hill.' It might well dismay any purchaser of a housing development property who has seen signs and advertisements describing the development as 'exclusively
[ 19 Pa. Commw. Page 371]
residential.' This does not mean that churches, schools, post offices, or other such uses customarily associated with a single-family community are to be barred from residential districts, but only that they be situated on land other than that occupied by the household residents. Although not before us in the constitutional sense, the propriety of such single-family zoning restrictions in Pennsylvania would seem to be beyond question. See Caldwell et ux. v. Northampton Township Zoning Board of Adjustment, 18 Bucks Co. L. Rep. 573, 577 (1968); cf. Best v. Zoning Board of Adjustment, 393 Pa. 106, 112-113 (1958); Jennings' Appeal, 330 Pa. 154, 160 (1938)." 20 Bucks L. Rep. at 357 (emphasis in original).
This rationale is equally applicable to the present circumstances concerning multiple dwellings. The occupancy of a multiple dwelling for residences "is 'sole and undivided' and any additional use or purpose is 'shut out' and denied co-existence." If we would affirm here, it would likely be noted by the present tenants of Building K that they were sharing quarters with some thirty young and energetic children. It probably would also surprise the other 293 lessees to discover a marked increase in the use of the swimming pool and other recreational facilities. One-bedroom apartments above a children's preschool teaching facility suggest adjacent uses that are not truly compatible. Therefore, there is a definite rational basis for the use of the term "exclusively" in the township's ordinance and this proposed dual use is not permitted under the ordinance and the factual situation of this case.
On two former occasions our Supreme Court has dealt with and allowed combined uses. Overbrook Farms Club v. Philadelphia Zoning Board of Adjustment, 351 Pa. 77, 40 A.2d 423 (1945); Floersheim Appeal, 348 Pa. 98, 34 A.2d 62 (1943). However, both the zoning ordinances
[ 19 Pa. Commw. Page 372]
and the facts in these cases are readily distinguishable from the present ordinance and present facts. As Judge Ludwig, speaking in Plosa, supra, correctly stated:
"Both cases on which appellants rely, Floersheim Appeal, 348 Pa. 98 (1943) and Overbrook Farms Club et al. v. Philadelphia Zoning Board of Adjustment, 351 Pa. 77 (1945), interpreted city zoning ordinances (Pittsburgh and Philadelphia) to uphold the granting of permits in one family districts for a synagogue and a rabbi's living quarters -- and, in Overbrook Farms Club, a third use as the rabbi's office. Neither dealt with the highly restrictive definition of a single family dwelling found in the ordinance before us. Floerscheim emphasizes this point (348 Pa. at 100): 'The definition of a "One Family Dwelling" is broad. [Footnote: The Zoning Ordinance describes a "One Family Dwelling" as "A separate building designed for or occupied exclusively by one family."] A building "designed for" one family may very readily be used as a "church."' In the present case, however, this simply is not so of a 'building designed for and occupied exclusively as a house or residence. . . .'
"Overbrook Farms Club turns on the inherent compatibility and at least arguable desirability of having a home and a church and a clergyman's office 'under one roof.' There, the ordinance did not expressly prohibit the combination of such uses, and, as the opinion states: 'A home and a place of divine worship are not necessarily mutually exclusive.' But in Northampton Township, the zoning ordinance itself tells us that use for a home or residence is exclusive of other uses." 20 Bucks L. Rep. at 358 (emphasis in original).
These same distinctions are equally applicable to the "exclusive multiple dwelling" ordinance provisions that we presently have before us.
Order reversed.
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PHILADELPHIA — An 89-year-old Nazi war crimes suspect died in custody hours before a U.S. ruling Wednesday that he should be extradited to Germany to face trial.
Johann Breyer died Tuesday night at a Philadelphia hospital, where he had been transferred Saturday after a month in jail, his lawyer and the U.S. Marshals Service said. His death was disclosed Wednesday just as U.S. Magistrate Timothy Rice approved the extradition request, which would still have needed final U.S. government review.
|The article you requested is no longer available on BostonHerald.com.


text:
Snowboard Videos
Red Bull Shr3d - Team Video Austria with Marc Swoboda
by Big Dog
Tuesday Feb 14, 2012
Red Bull Shr3d - And the Winner is Team Germany with Marco Smolla
And the Red Bull Shr3d winners are Team Germany and Marco Smolia. Here's a Nitro edit of it all.
by Big Dog
Monday Feb 13, 2012
Roxy Snow Pro 2012 - Highlights
Highlights and competition runs from the Roxy Snow Pro in Saalbach Hinterglemm, Austria. Aimee Fuller,...
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Low clouds could not stop the thirtytwo crew from having some fun at Laax. A little bit of park and...
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Stanton Park_06-02-2012_Park Checkout
Rene Friedl is the parkdesigner of the stanton park and a very good snowboarder! This shows in the course...
Snowpark Scuol_01-02-2012_Snowboarding
This years Snowpark Scuol is just amazing, with a very large variety of kickers, boxes, rails and other...
DC Snowpark Kitzbuehel_01_26_2012_Good Times with the DC Snowboard Team
Wow, thats some really heavy action from Benny Wetscher and his DC boys. It seems that these guys can...


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Villa in Mijas, Costa del Sol, Spain - Panoramic Views, Peaceful Location, No Immediate Neighbours, Ideal For Country Lovers
Our holiday home for rent in Spain is a beautiful detached villa set in the foothills of Mijas in Andalucia. Ideally located in the peaceful countryside behind Mijas Golf, and still only a 10 minute drive from Fuengirola and the beach. Located halfway between Marbella and Malaga airport, both a half hour drive away. Ideal for golfers with Mijas Golf on your doorstep, and all the other golf courses on the Costa del Sol. Perfect for people who love the countryside, and families looking for a quiet retreat and a place to relax in and unwind. The location could not be better. It is very rare to find a house that feels like it is deep in the peaceful countryside whilst still being so close to the beach and town amenities.
About the Owner
I have lived in Spain since I was a child. Spain is very much home to me. I love the sun and the relaxed Spanish lifestyle. I enjoy eating out, playing a wide range of sports, and going to the beach.
Guestbook comments from the owner
Such a wonderful country retreat! It was so quiet with no neighbours. Just the peaceful break we needed. We took walks in the country side every day and we were a short drive away from the beach and all the wonderful things that the Costa del sol has to offer.
Thank you we will definitely be coming again soon.
All the best,
Mike and Jan Parker (and family)
0 Reviews
This property doesn't have any reviews yet!
Activity and Interests
The nearest beach is 7.5km away. It takes about 10 minutes to drive there. The nearest beach is Fuengirola but there are sandy beaches all the way from Malaga to the other side of Marbella and beyond.
30 minutes from Malaga airport. Car hire or the use of a car is essential.
5 minutes from the nearest hub of shops and bars.
10 minutes from Fuengirola town.
20 minutes from Mijas town.
30 minutes from Marbella.
30 minutes from Malaga Airport.
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
November 1st – December 15th
1 Nov 2016 - 15 Dec 2016
14 night minimum stay
for 14 nights
December 16th – January 2nd 2
16 Dec 2016 - 2 Jan 2017
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
Booking Notes:
50% deposit to book.
Remaining 50% is due 6 weeks before the date of arrival.
A security deposit of £500 must be lodged and will be returned within 10 days of your departure.
Changeover Day:
We have no specified change over day. On arrival day you can check in after 4pm and On departure day you mush leave the property before 12pm. We can be flexible when there are not new tenants due on the same day.
Owner's Cancellation Policy
- 50% refund for cancellations more than 7 days before check-in date.
- 100% refund for cancellations more than 14 days before check-in date.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
Property Type
- villa
- children welcome
- limited accessibility
- non smoking only
- pets not allowed
Location Type
- beach
- rural
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Shower room 1 - Shower Enclosure
- En-suite bathroom to the master bedroom has a large bath, separate shower, double sink unit, toilet and bidet. The second bathroom serves the other 3 bedrooms with a bath, shower, sink, toilet and bidet. Downstairs there is a guest WC with shower.
- 4 Bedrooms, Sleeps 10
- Bedroom 1 - 1 Cot
- Bedroom 2
- Bedroom 3
- Bedroom 4
- Description of sleeping capacity: Sleeps 10 (4 Bedrooms) Notes on bedrooms: The master bedroom is very large with a king size bed, sofa area and dressing room. Then there is another double room and two twin rooms. One of the twin rooms has fitted wardrobes. All the bedrooms have direct access to a terrace.
Learn more about this holiday rental at the owner's website
- Outside: The private swimming pool is kidney shape and is about 8m in length and 4m in width. Utility Room: Large load washing machine, large load tumble dryer, ironing board and iron. Cleaning / Towels / Linen / Maid service: The house is delivered to the tenant clean with clean towels and clean made beds. There is no linen or towel changes or maid service during the stay. Bathroom towels are provided but no pool side towels. All extras can be arranged at an extra cost. Other: Also there is a study with large desk and two chairs and a playroom that has a sofa bed (double).


text:
Maybe the D.C. crowd could learn something from Texas after all. While the federal government was closed down by bickering politicians, Texas did some serious jawboning and hammered out a deal to endorse the merger of Amerian Airlines and US Airways.
The proposed $11 billion merger is being challenged by the U.S. Justice Department (closed today), five states and the District of Columbia.
Texas Attorney General Greg Abbott announced the settlement today, saying it resolves the state's objections by American Airlines agreeing to maintain daily service to rural airports across the State of Texas. Additionally, the airlines entered into a binding agreement to maintain the merged company's headquarters in the Dallas-Ft. Worth metropolitan area.
"From the beginning, our focus has been on maintaining service to rural airports in Texas and protecting Texas jobs. Today's agreement ensures that thousands of jobs will remain in Texas and that Texans traveling by air – especially those who fly in and out of rural cities across the state, including members of the military – will continue to benefit from daily flight service. The settlement secures common-sense concessions that are in the best interests of our great State," Abbott said.
"The settlement is good for American Airlines' customers, the communities it serves and its employees. Our negotiations confirmed that the airline will preserve competition in the marketplace, maintain important routes in Texas and protect jobs," he said.
Others challenging the merger are: Arizona, where US Airways is headquartered; Florida; the District of Columbia; Pennsylvania; Tennessee; and Virginia.
Military travelers
The state's legal action, announced in August, was prompted by concerns about the potential for reduced airline service to several of Texas' smaller airports. One particularly large group of travelers who depend on airline service to rural airports across the State are members of the armed services, who are served almost exclusively by American Eagle flights to and from Killeen, which is near Fort Hood; San Angelo, which is near Goodfellow Air Force Base; and Abilene, which is near Dyess Air Force Base.
Today's agreement ensures that 22 airports across Texas – including more than a dozen smaller airports in rural Texas – will continue to offer daily departures and arrivals.
In addition to ensuring daily service to airports across Texas, the agreement also guarantees that Dallas/Fort Worth International Airport will remain a "hub" and that, if the airlines merge, the headquarters will be located in Texas, in the DFW metropolitan area.
Texas airports covered by the agreement include:
• Abilene Regional Airport
• Austin-Bergstrom International Airport
• Brownsville/South Padre Island Airport
• Corpus Christi International Airport
• Dallas/Fort Worth Regional Airport
• East Texas Regional Airport
• Easterwood Airport
• El Paso International Airport
• Houston William P. Hobby Airport
• Houston George Bush Intercontinental Airport
• Jack Brooks Regional Airport
• Killeen-Fort Hood Regional Airport
• Laredo International Airport
• Lubbock Preston Smith International Airport
• McAllen-Miller International Airport
• Midland International Airport
• Rick Husband Amarillo International Airport
• San Angelo Regional Airport
• San Antonio International Airport
• Tyler Pounds Regional Airport
• Waco Regional Airport
• Wichita Falls Regional Airport


text:
1 reads Leave a comment
Via Complex
To celebrate her birthday Alicia Keys decides to give her fans the gift of some new music with "Brand New Me Part 2." Alicia picks some nice funky techno production on this cut that features her singing in a up-tempo fashion. Check it out below.
Do you like this version or the first one better?
Be sure to tune into the Midday's weekly 10am-3pm with RoDigga!
Facebook Main: ro.digga
Facebook 2: rodigga2
Twitter: @RoDigga
Instagram: @RoDigga
comments – Add Yours


text:
Sudoku BingoFree
In Sudoku Bingo you have limited time to solve as many lines as you can in three different boards (one at a time). But thats not all, instead of picking your numbers for each square of the board like in regular Sudoku, the game calls the numbers for each area for you to place. _______________________ More than 50 levels to unlock and even MORE to come! Test different challenges with boards of 4x4, 5x5 and 6x6. Reach 3 stars perfection in more than 150 different boards. Game tutorial in all these languages: English, Spanish, Portuguese, Italian and French. _________________________ In Sudoku Bingo, you win a game when you reach at least a Star, and to win them you need to get correct lines. Correct lines are those that don't repeat any number. They can be vertical, horizontal or diagonal. You can go one step back with the UNDO button to fix errors, but just one at a time! It you reach the first star and the time is up, you clear the level no matter how many boards you have
Downloads: 466+Report app for spam or abuse!
Games > Puzzle & Strategy for Android
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text:
|Page (1) of 1 - 02/07/12
|email article
|print page
Disney 1Q revenue misses estimates but profits upDisney 1st-quarter revenue misses analyst estimates but profits beat expectations
Page: 1
Related Keywords:Earns-Disney, Financial performance, Corporate news, Business
Source:Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.. All Rights Reserved


text:
The Sisterhood of Old York Road Temple-Beth Am invites you to bring grocery-size bags or standard-size cardboard filing boxes of your unwanted documents to be shredded for nominal fees, from 10 a.m
Subscribe To our E-Newsletter
Join Old York Road Temple – Beth Am for an exciting Harry z'l and Evelyn Silver Artist-in-Residence weekend with music by Rabbi Noam Katz. Rabbi Noam Katz is one of the most exciting voices in contemporary Jewish music. He is a song leader, performer, prayer leader, educator and storyteller!
Rabbi Noam Katz will participate in a Torah study session.
For information call 215-886-8000
Subscribe To our E-Newsletter


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Arranged by Arthur Frackenpohl. Based on a melody by James Stoltie, this slow, lyrical work includes an extended cadenza that can be played as written or freely improvised.
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Alto Saxophone Solo, Class A
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text:
Separate names with a comma.
Discussion in 'Image Quest' started by Briar, Aug 5, 2013.
Another day another photo ...
Having an early night Karen?
:sleeping: Trying!
Tender is the Night
A cup of soothing tea, just before bed. A gentle night's sleep is anticipated. :smile:
Shooting blind.
Day 6 – Negative
A negative of the hands theme worked very nicely but then so did this (I thought)
03 - Deep, although I could have used it probably for unrecognizable as well ;-)
(apologies for deviating from my objective to use B/W only).
From the "inside out"
inside out by 2Deye, on Flickr
here's my take on a higher love .... obviously I'm a dog lover
Engine Company No. 10 by Lukinosity, on Flickr
Hmm - Higher Love is one of those that has me flummoxed
Take Your Breath Away
6. Take Your Breath Away by Briar34, on Flickr
Hmm Fringe Benefits as they say
Coming and Going

"800" height="534" alt="Into the light">
A bit late to the party, but I'll manage to keep COMING AND GOING:
Coming and Going
Virgin America style:
really nicely seen Milan


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Business Development Manager ( 4 - 6 yrs)
K D Groups
RS3,00,000 To 5,00,000Delhi
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Fan Favorites: Leprechaun In Mobile
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HomeEducation & Meetings
Location: Cincinnati, OH
Details: http://www.cincinnatichildrens.org/aki
This state of the art symposia in Critical Care Nephrology will feature presentations on cardiorenal syndromes, neonatal AKI, hepatorenal syndrome, sepsis associated AKI, biomarkers and clinical, basic and quality improvement sciences in AKI.
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© American Society of Nephrology


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by Mike Bellamy
Question to our mailbag:
I am the inventor, importer and distributor of a proprietary electromechanical device that is sold in major retailers across Europe and the USA. A few years ago, I appointed a primary vendor (contract manufacturer) in China to perform the final assembly. He sells to me under "FOB China Port" terms. I worked with the primary vendor to identify and qualify the various sub-suppliers for every line item in the BOM (Bill of Material). The primary vendor implied that I would have transparency at the BOM level in terms of sub supplier identity and pricing. In the beginning I was given a list of sub-suppliers and their delivery price to the primary vendor.
Things were smooth at first, but now I am experiencing quality fade with each order. After intense discussions, the primary vendor promises to get their act together. But I have my reservations. I have recently set up my own office in China to consolidate the orders from various suppliers of various products, including this new primary vendor. My office has the import export rights and is licensed to collect the VAT rebate upon exportation. As mentioned above, originally the primary vendor was selling to me under FOB terms. Thus they were the exporter of record and factored the VAT rebate into their price to me. But now that I have my own office set up in China, I want them to sell to me under ExW terms and I will be the exporter of record and process the VAT rebate on my own.
Because I have doubts that the primary vendor will actually solve the quality problems, I would also like to explore the costs of doing the final assembly under my roof in China and remove the primary vendor from the project. This would mean dealing with the sub-suppliers directly. When I ask them for pricing information they are not very forthcoming. And trying to get the primary vendor to quote ExW rather than FOB is like pulling teeth.
In my mind, the sub-suppliers would be making the same amount of money if they sell direct to me or to the primary vendor. What is the big deal? What am I missing?
And it feels illogical to me that the primary vendor is so sensitive about me buying ExW from him, rather than FOB. I have even explained that I understand I need to pay a higher price for ExW because I will get the rebate later upon export, so in the end it should even out for all parties involved. So why is my primary vendor not willing to quote ExW? I have a hunch it has something to do with VAT and/or hidden margins.
Thanks for your email and well laid out question. I was asked to provide an answer because I work for a contract manufacturer called PassageMaker which serves as a primary vendor doing final assembly in China. I have been in this role for almost 15 years and have helped a number of clients migrate their terms from FOB to ExW. I have also helped buyers set up direct relationships with their sub-suppliers when the previous primary vendor dropped the ball. Along the way I have dealt with every imaginable excuse from the suppliers as to why they can not do it. In every case, it can be done, but it is just a question of how much leverage does the buy side have over the supply chain and how deep the sellers have been operating in the gray area of Chinese tax law.
Here are my comments and suggestions based on my understanding of the situation you have described.
Why the lack of transparency in the supply chain?
VAT can be very tricky in China as the system is quite different from the system in other countries. Also, the way the government calculates the rebate is not always intuitive (I will explain below). Perhaps the most frustrating part is that Chinese suppliers do not like transparency. Unless the buy side has a lot of leverage at both the supplier and sub supplier level, it is very hard to get to the truth without conducting research among outside suppliers for reference/benchmark.
Here are some of the reasons why:
In short, the suppliers are never going to tell a 3rd party (especially a foreigner) exactly how they really operate.
My article "What is VAT and why should I worry about it? [pdf] [html]" gives an overview of the system. Generally speaking, when a client or prospect comes to my firm with a question like you have raised below, we would offer to conduct a VAT survey (service and price explained at http://www.psschina.com/services-and-pricing/value-added-tax-planning/). A proper survey takes about 45 days to complete when the supplier and sub suppliers are cooperative. Around 90 days when we have to do benchmarking outside on multiple BOM line items. But in the interest of getting you pointed in the right direction, let me share some key points.
First the bad news:
As I understand it, you are hoping to get a feel for what you should pay the sub suppliers if final assembly is moved away from the current primary vendor to a new location in China. Therefore you are also probably looking to get a feel for how much VAT rebate would be returned to the new exporter of record (which could be you or a new primary vendor). In other words, you are looking for the "ExW with receipts" pricing on your BOM so that you can build up your cost/rebate models.
Unless your assembly partner is 100% honest and transparent, it will be very hard to complete this research from the bottom up. And even if you were able to get pricing at the BOM level, how could you be 100% sure it was accurate? You would still need to do benchmarking on each line item in the BOM to verify that they are being honest and to get an accurate going rate for that item under "ExW with receipts" terms.
But let us assume the sub suppliers gave you accurate "ExW invoice pricing", you would also need to make sure you do your calculations for the VAT rebate at exportation correctly based on China VAT rules. At the risk of oversimplifying, here is an overview of how the export VAT rebate is calculated:
First, we calculate via two methods:
Method 1
The "export VAT rebate amount" = export value * the VAT rebate %
(note: "export value" = "FOB China port" rather than "CIF USA" for example)
Method 2
When the factory pays for raw materials (BOM) they get receipts from the sub-suppliers which state the value of VAT paid by the sub-suppliers. This is the "input VAT paid".
"Export Value" * (17% – VAT rebate%) = X
X is then subtracted from the "input VAT paid"
Second, we need to compare method 1 against method 2.
If 1 > 2, exporter gets the amount found in method 2 from government If 1 < 2, exporter get the amount found in method 1 from government
As you can see, this discovery session can be complex, costly and time consuming.
Finally, the good news…
If I was in your shoes, I would simply ask all the sub suppliers to quote "ExW receipts", then I would apply my best estimate of what the former final assembly partner was allocating for final assembly labor and domestic transport, then I would apply the rebate calculations (explained above) and get a feel for the FOB price (adjusted for VAT rebate based on the correct HS code). If the numbers are close to the original FOB price …great…problem solved. But if the numbers are way off, then somebody is being sneaky. So at that point, you rank your BOM in order from largest value to lowest and you go down the list doing research at a national level to find the going rate for that component in China under "ExW receipts" terms. You either switch sub-suppliers or you leverage the power of your information to get better pricing.
During my 15 years in China, even when I sat down to show suppliers and their sub-suppliers that I understand VAT and know exactly what they should be charging, never once have I had a supplier admit they were playing tricks with the taxes and fluffing the pricing. That would be a total loss of face for them. So they always come up with some kind of excuse why my understanding of the VAT system as it applies to their particular company is not fully accurate. You will be dragged down into a quagmire if you try to refute every excuse the suppliers give you. And if you do succeed in proving them wrong, they lose face and may not want to work with you.
So focus on the big picture. If you have done your homework correctly, you basically tell the sub-suppliers what price you can pay for their line item which allows you to hit the target the final product, adjusted for VAT rebate. If they do not meet that price, you find a new supplier. Do not get into a debate about the way the VAT system works, you ca not win this battle because often the suppliers are making up the "facts" as they go!
Thanks again for your question. Hope my comments help you get to the bottom of things. Best wishes on your China sourcing projects.
Question answered by Mike Bellamy, an Advisory Board Member & Featured Blogger at the not-for-profit China Sourcing Information Center. Mike is also the author of "The Essential Reference Guide to China Sourcing" and founder of PassageMaker Sourcing Solutions.


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Women's Metallic Ruffled Bikini Briefs
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Barbara Howard among Black athletes inducted into CSLC
The same day it was announced that Barbara Howard was among this year's Canadian Sports Legends Class (CSLC) in the athletes' category, she received a special package.
The wrapped packet contained an authentic jersey of the Vancouver Canucks, which is the Burnaby resident's favourite National Hockey League (NHL) team.
One of the Canucks' biggest supporters with signed flags and other paraphernalia, in her "hockey room", Howard wore the sweater as she watched on television the Western Canadian team stay alive in the first round of the playoffs with an exciting 2-1 win over the Calgary Flames.
"That sweater was an early birthday present," said Howard, who turns 95 on May 8.
The Canucks were eliminated last Saturday night.
While hockey is her favourite sport, the nonagenarian enjoys looking at track and field, which she once dominated as one of fastest sprinters in the British Empire.
Equalling the British Empire Games 100-yard record of 11.2 secs. at the Western Canada trials in 1937, Howard earned a spot on the national team for the 1938 Games in Sydney, Australia, thus becoming the first Black female athlete to represent Canada in a major international athletics competition.
"My parents were not too keen on me going so far," Howard, who was 17 years old at the time and still in high school, told Share. "I was however quite excited to represent my country at a big event like this and I remember it took us 25 days on board the Aorangi to get to Australia."
Returning home with silver and bronze medals in the relays, Howard's aspirations of competing in the Olympics were dashed by the outbreak of the Second World War. After graduating from the University of British Columbia in 1959, she again made history by becoming the Vancouver School Board's first minority teacher.
A member of the British Columbia Sports Hall of Fame, Howard is honoured to be joining the distinguished CSLS.
"While I am surprised that I was nominated, I must say I feel honoured and humbled," she said.
With 2015 declared "The Year of Sport in Canada", the federal government is paying tribute to national athletes – past and present – who broke barriers. Howard's image is among 10 on the Canadian government's Black History Month poster unveiled last February.
This year's CSLS inductees also include former British Empire heavyweight boxing champion Larry Gains and hockey player Manny McIntyre.
Born in Cabbagetown in 1900, Gains – the grandson of a cotton-picking slave – took up the sport 20 years later and turned down an opportunity to represent Canada at the 1924 Olympics after going to England to become a professional a year earlier.
Considered one of the top heavyweights of his era with victories over world champions Max Schmeling, who he knocked out in Germany and Primo Carnera, who he outpointed in front of 70,000 fans in London, Gains was denied the opportunity to fight for the world title because of his skin colour.
The winner of 115 of 143 fights, Gains – the only Black member in his high school bugle band – fell on hard times and declared bankruptcy in 1937. He died in 1983 in Germany while visiting family members.
McIntyre teamed up with the late Herb Carnegie and his brother Ossie to form the Quebec Provincial Hockey League's St. Francois starting forward line. Known by many names including The Black Aces and Les Noirs, they were the only all-Black line ever signed by an organized non-Black hockey club in Canada. The trio played together as a line in Timmins, Shawinigan Falls and in Sherbrooke for eight years up until 1949.
"Manny was a natural promoter," Carnegie recalled in his biography, A Fly in a Pail of Milk. "Aware of the possibilities of an all-coloured line, he wrote a letter to our team manager Charlie Edwards offering his services. When Manny first joined us, Ossie and I stood at the boards just to watch him skate. Once together, it wasn't long before our style of play brought praise for its uniqueness, not only in colour but also in talent.
"We soon became an attraction at the gate and the league's tills were humming a merry and profitable tune in harmony with senior hockey's only coloured line. As a trio, we were good and as individuals, we delivered the mail. If Manny had a flaw, it was that he was only too eager to fight. Often we tried to talk him out of it because he was of little use to the team in the penalty box. But our line of reasoning went unheeded. To be absolutely fair, neither Ossie nor I would have enjoyed the degree of success we did without the extra room Manny afforded us."
The line broke up when McIntyre and Ossie Carnegie accepted offers to play professional hockey in Paris while the younger Carnegie remained in Canada.
McIntyre was also an outstanding baseball player, becoming the first Black Canadian to sign a professional baseball contract in 1946 with Sherbrooke, the St. Louis Cardinals' Class C Border League farm club. He was one of just six Blacks in organized baseball at the time.
Prior to the historic signing, the shortstop was a member of the victorious Halifax Shipyards, which won the Halifax Defence League title in 1944 and Trois Rivieres of the Quebec Provincial League a year later.
The only professional hockey player to play in baseball's Negro Leagues was inducted into New Brunswick's Sports Hall of Fame in 1997.
After his sports career ended, McIntyre worked at Montreal's Trudeau (formerly Dorval) Airport for many years before retiring. He died four years ago at age 92.
The CSLC induction takes place on June 17.


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In every long-term bull market, there is always a sector that underperforms.
But you know what? Every dog has its day!
One of the biggest bow-wow commodities right now just happens to be palladium.
OK, so what is palladium, and what is it used for?
Palladium is a precious metal, the primary use of which is in automobile catalytic converters. A more recent source of burgeoning demand has been in the jewelry market. Asian jewelers in particular are using palladium in lieu of the far more expensive platinum.
Here's the quick and dirty on who runs the palladium markets:
The Russians have a chokehold on palladium prices, being responsible for fully 50% of the world's supply of palladium. Back in 2000 - 2001, they displayed this power by holding back palladium exports. In short order, palladium prices skyrocketed to more than $1,300 an ounce. Palladium today trades at about $360 an ounce after reaching as low as the $150s after the Russian squeeze.
So why should we buy palladium now?
Because it's cheap, cheap, cheap. We are in a long-term global commodity bull market, and palladium will participate. The macro drivers for sustained demand for palladium are well-entrenched.
The Chinese are in the massive process of transitioning from a bicycle nation to a car nation. Chinese consumers purchased more than seven million cars last year, up 25% from the year before. In fact, it's estimated that by 2015, China will eclipse the United States as the world's largest car market.
China and India's growing car market, along with Chinese consumer demand for palladium jewelry, as well as the growth in Western demand for autos all appear to be setting the stage for a multi-year run in palladium prices.
The market is giving us a chance to get into palladium cheaply. The same way it gave us the chance to buy the Copper stocks, Zinc stocks, Oil Service stocks and Aluminum stocks cheaply in the past.
I don't often do this, but I have a stock that is a great way for you to play the upcoming palladium bull market, and I'd like to share it with you.
The name of the stock is Still Water Mining (NYSE:SWC). It closed Friday at $11.29.
These guys produce palladium and platinum. They produce over 450,000 ounces of palladium and 135,000 ounces of platinum annually. Production problems and labor disputes have put a short-term pall over the stock.
Earnings came out recently - not disastrous, but not great, either. The main thing that Wall Street is upset about is the production numbers. Year over year production was down 7%. Without any context, that is a big deal.
But several things impacted the quarterly production numbers: they lost seven days of production due to a strike; they lost employees due to a restructuring of the work schedule; and they experienced equipment failures and mining inefficiencies.
Are we really surprised that they were experiencing "mining inefficiencies" and "equipment failure" during a quarter in which their miners were striking? Do you think that some elements of their workforce were sending a message?
The good news is that their labor woes appear to be behind them, and that none of this is earth-shattering stuff - this is business as usual for most companies.
The thing to focus on is that at these prices, their palladium reserves are currently valued at less than $20 per ounce while spot market palladium trades above $360!
Long story short, these guys have huge reserves of essential industrial metals at very, very cheap prices. But the really juicy piece of the pie is that MMC Norilsk Nickel, the massive Russian mining company, already owns 50% of Still Water Mining, so don't be surprised if they make a bid for the other 50% of SWC when palladium prices start cooking again.
With or without a takeover deal, though, the stock deserves a hefty premium considering that the market is valuing their palladium reserves so cheaply, matched with the fact that those reserves are in the most politically secure country in the world - Billings, Montana, USA to be exact.
Twelve-month price target on the stock is $25 per share.
Disclosure: Author has a long position in SWC


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Faith Christian Academy
Po Box 287 Athens, Alabama 35612Website
Print | Save | Directions
AboutFaith Christian Academy is located at the address Po Box 287 in Athens, Alabama 35612.
For more information contact Forsythe Wayne, or go to faithacademy.org
For maps and directions to Faith Christian Academy view the map to the right. For reviews of Faith Christian Academy see below.
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The River Starts Here...
to the District Yacht Club's website! We are a group of
recreational boating enthusiast
enjoys boating, fellowship and family!
The District Yacht Club
(DYC) is one of the properties on what is known as Boathouse Row; this
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Browse through our site and
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Send mail to webmaster with questions or comments about this web site.Copyright © 2007 District Yacht ClubLast modified: 09/01/15
• Home • About Us • Contact Us • Events • News • Members Login • Officer's List •


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Lead Business intelligence and Analytics
Mumbai, MH
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Must have more than 6 years of experience in Data Analytics, Reporting and Automation.Extensive experience in MS Excel, MS Power Point, MS Access and VBA.Expertise in handling big data to derive meaningful information for top management.Strong Analytical skills and hand on experience on Business analysis tools.Data Analysis experience in telecom domain is mandatory.Should be comfortable with working on Networking Domain.ResponsibilitiesGather data from a variety of sources and organize it in meaningful ways.Cleanse, Transform and organize data with precision.Analysis, design and implementation of customer requirements using reporting.Strong analytical skills with the ability to collect, organize, analyse, and disseminate significant amounts of information with attention to detail and accuracy.Should be able to quickly gain expertise in domain of the application for which data is to be analysed.Present data in meaningful ways using Graphs/ PivotTables/PowerPoint presentations.Should be proficient in some of the data analysis tools, MS Excel, MS Access, VBA Macros.Identify, analyse, and interpret trends or patterns in complex data sets.Develop reporting templates, maintain them and publish error free reports as per defined schedules.Interpret large amounts of data and provide clear insights based on historic and forecasted data.Design and development of reports with Oracle BI Discoverer aligned to customer requirements.Handling Monthly and Quarterly reviews and Operational reports.Responsible for the creation and execution of Customer Ops request and adherence to business requirements.Comply with standards and strategies to enhance the reporting.Actively participate in walk-through, inspection, review and user group meetings for quality assurance.Communicate and interact with appropriate areas on problems, changes and enhancements that may impact data, workflow and /or functionality within operations & reporting team.Manage towards results, by process, with facts and with continuous process improvement in mind.Knowledge and SkillsExcellent interpersonal and communication skills, including good presentation and report writing skills.Meticulous attention to detail and ability to self-review deliverables.Exceptional problem-solving skills and clear logical thinking.Build strong interpersonal relationships as a data analyst needs to source data & information from various systems and people.Ability to work to deadlines, under pressure and to juggle multiple tasks.Ability to work on your own initiative and as part of a team.Systematic approach to the collection, collation and presentation of information.High level of self-motivation, determination and confidence.Flexible and able to respond to changing priorities.Training and Certification RequiredOracle Discoverer Plus though not mandatoryOracle BI Enterprises Edition Plus Plus though not mandatoryAny other BI tool experienceITILSQL Plus
Additional Degree: BA (Arts) | B.Com. (Commerce) | B.Pharm. (Pharmacy) | B.Plan. (Planning) | B.Sc. (Science) | BBA/ BBM/ BBS | BCA (Computer Application) | Diploma-Other Diploma | B.Ed. (Education) | BHM (Hotel Management)
Experience: 6-11
Additional Degree: BA (Arts) | B.Com. (Commerce) | B.Pharm. (Pharmacy) | B.Plan. (Planning) | B.Sc. (Science) | BBA/ BBM/ BBS | BCA (Computer Application) | Diploma-Other Diploma | B.Ed. (Education) | BHM (Hotel Management)
Experience: 6-11
RequirementsApplication Programming | Business/Systems Analysis | Database Administration (DBA) | Software Engineer
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"I visited here in September. Though this hotel is amongst many other hotels but it ...." - Ali RajaRead more reviews >>
Hotel De Park
Kachi Ghati, Shimla, Himachal Pradesh - 171 005
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Hotel De Park, Shimla - Overview
Nestled in the lap of Nature, this hotel is amid the mountainous splendour at Kachi Ghati. It has 24 well-designed rooms that are maintained with 24 hours room service. Guests can entice their taste buds to the delicious multi-cuisine spread served at its inhouse restaurant. There are organized sightseeing tours for the recreation of the guests. Its proximity to the railway station and bus stand, and down town areas has made it a convenient stopover.
This hotel is also maintained with amenities namely, a business center with business-related facilities like computer rental and internet access. Visitors can park their vehicles in the car parking space, which is available in its premises. If bad health takes over guests can avail the doctor on call service.
Check-in time : From 12:00 pm
Check-out time : Until 12:00 pm
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- Airport transportation
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United States District Court, Seventh Circuit
December 17, 2013
DONALD J. GIBSON, Plaintiff,v.THE CITY OF CHICAGO and CHICAGO POLICE OFFICER WATKINS, Defendants.
VIRGINIA M. KENDALL, District Judge.
Plaintiff Donald J. Gibson ("Gibson") filed suit against the City of Chicago and Chicago Police Officer Watkins for violation of his constitutional rights during a traffic stop on February 17, 2013. Gibson filed several counts against defendant City of Chicago, including Count VII for malicious prosecution and Count VIII for the alleged "Negligent Training and Supervision" of the arresting officer, Officer Watkins. Defendant City of Chicago moves to dismiss Counts VII and VIII for a failure to state a claim.[1] For the following reasons, the Court grants the City of Chicago's Motion to Dismiss Counts VII and VIII of the Complaint.
The following facts are taken from Gibson's Complaint and are assumed to be true for purposes of this Motion to Dismiss. See Killingsworth v. HSBC Bank Nevada, N.A., 507 F.3d 614, 618 (7th Cir. 2007). Gibson is an individual residing in Chicago, IL. (Compl. ¶ 4.) Defendant City of Chicago is a municipal corporation and the employer of Officer Watkins. (Compl. ¶ 6.) On February 17, 2013, Gibson parked his car outside a coffee shop. (Compl. ¶ 8.) Officer Watkins, already inside the establishment, told Gibson to move his car. (Compl. ¶ 10.) Gibson complied with the request and drove onto 87th Street, where he was pulled over shortly thereafter by Officer Watkins. (Compl. ¶¶ 14-16.)
After he pulled over into a nearby parking lot, Gibson exited his vehicle with his coffee in hand and asked Officer Watkins why he was being pulled over. (Compl. ¶¶ 16-18.) Officer Watkins then informed Gibson he was under arrest, removed his gun from his holster and pointed it at Gibson. (Compl. ¶¶ 19-20.) Gibson then called 911 to request a sergeant to the parking lot. (Compl. ¶ 22.) Another Chicago police officer arrived shortly thereafter and instructed Gibson to place his coffee on the ground and put his hands behind his back. (Compl. ¶¶ 22-23.) As the officer began handcuffing Gibson, Officer Watkins slammed the plaintiff against the squad car. (Compl. ¶ 25.) The police officers transported Gibson to the 78th Street police station, where he was charged with violations of the City of Chicago municipal code as well as misdemeanor disorderly conduct. (Compl. ¶¶ 28-29, 31.) The charges against Gibson were subsequently dismissed. (Compl. ¶¶ 39-40.)
Gibson alleges in Count VIII that the City of Chicago "owed a duty of reasonable care in regards to the training and supervision of its police department and employed officers of said police department" and that the City "acted willfully and wantonly in failing to properly train" police officers in the areas of proper use of force, de-escalation techniques, determining whether probable caused existed for the crime of reckless conduct, and when to initiate criminal proceedings. (Compl. ¶¶ 76-78.) Gibson alleges in Count VII, a claim for malicious prosecution, that the City of Chicago and Officer Watkins "maliciously caused criminal charges to be commenced" against him as a result of the Defendants "creating false and incomplete police reports and swearing to false criminal charges." (Compl. ¶ 70.) The final paragraph of Count VII states that "This state claim is being pursued against Defendant City of Chicago under both the theory of respondeat superior and negligent training." (Compl. ¶ 74).
The purpose of a motion to dismiss under Rule 12(b)(6) is to test the legal, not factual, sufficiency of a complaint. To state a claim upon which relief may be granted, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). "Detailed factual allegations" are not required, but the plaintiff must allege facts that, when "accepted as true... state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). In analyzing whether a complaint has met this standard, the reviewing court [must] draw on its judicial experience and common sense." Iqbal, 129 S.Ct. at 1950. When there are well-pleaded factual allegations, the Court assumes their veracity and then determines if they plausibly give rise to an entitlement to relief. Id. The court will dismiss a complaint "if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73 (1984).
I. Count VIII (Negligent Supervision) and Count VII (Malicious Prosecution) Against the City are Both Duplicative of Count VI (Respondeat Superior)
Count VIII of Gibson's complaint consists entirely of allegations that the City enabled Officer Watkins' conduct through the City's negligence in failing to properly train and supervise its police officers despite an alleged history of incidents involving excessive force by its police officers. (Compl. ¶ 78.) The conduct alleged in the facts of the complaint, however, is entirely the conduct of Officer Watkins, not the conduct of the City. Even taking the facts in the light most favorable to Gibson, as the Court is required at this stage in the proceedings, Gibson's negligent supervision claim is duplicative of the respondeat superior claim.
Under Illinois law, the doctrine of respondeat superior and the doctrine of negligent entrustment "are simply alternative theories by which to impute an employee's negligence to an employer." Thompson v. Northeast Ill. Reg. Commuter, 854 N.E.2d 744, 747 (Ill.App. 1 Dist. 2006); see also, Gant v. L.U. Transport, Inc., 770 N.E.2d 1155, 1159 (Ill.App. 1 Dist. 2002). Under either theory, the liability of the principal is dependent on the negligence of the agent. Gant, 770 N.E.2d at 1160.
If a defendant does not dispute that an employee's negligence may be imputed to it under respondeat superior, then a cause of action against the employer for negligent entrustment is duplicative and may be dismissed. Thompson, 854 N.E.2d at 747. If "it is not disputed that the employee's negligence is to be imputed to the employer, there is no need to prove that the employer is liable." Gant, 770 N.E.2d at 1160. Therefore, to allow causes of action for respondeat superior and negligent supervision both to stand would improperly allow a jury to assess a principal's liability twice. Id. at 1159. Allowing plaintiff to proceed on both theories against the City would thus "create the possibility that an employer's negligent entrustment... would result in a greater percentage of fault to the employer than is attributable to the employee." Id. at 1160.2
Here, the City has accepted the potential for respondeat superior liability as a result of Officer Watkins' actions. While the City denies on information and belief the facts that Gibson has alleged against Officer Watkins, the City of Chicago does not dispute that Officer Watkins' negligence, to the extent such negligence is found, may be imputed to the City under the theory of respondeat superior. In its answer, the City states, "On information and belief, City admits that, at all times relevant, Officer Watkins was acting within the scope of his employment as an employee of the Chicago Police Department." (Defendant City of Chicago's Answer to Plaintiff's Civil Complaint, Defenses and Jury Demand ¶ 67.)
Gibson's contention that a claim of negligent training and supervision can proceed as a theory of liability separate from respondeat superior inappropriately relies two federal cases, Glade ex rel Lundskow v. United States, 692 F.3d 718 (7th Cir. 2012) and Watts v. Laurent, 774 F.2d 168 (7th Cir. 1985). Both cases, however, rely upon federal rather than Illinois law. See Watts, 774 F.2d at 179 (in a case brought pursuant to section 1983 "an injured party may proceed to judgment against any or all of the responsible actors in a single or in several different actions."); Glade, 692 F.3d 718 (damages for negligent training available under the Federal Tort Claims Act). But under both § 1983 actions and Federal Tort Claims Act actions, federal common law principles of tort and damages govern recovery. Id. at 179. Here, both Count VI ( respondeat superior ) and Count VIII (negligent supervision) are Illinois state tort claims. Therefore, Illinois law under Gant, rather than federal law under Watts or Glade, governs determination of this motion. Gant makes clear that in cases in which the employer has admitted respondeat superior liability for the alleged actions of its employee, a claim for negligent training, hiring, and entrustment is duplicative of a respondeat superior claim and must be dismissed.
This conclusion also compels dismissal of Count VII against the City because Gibson's complaint explicitly pleads that his malicious prosecution claim against the City is being pursued under the theory of respondeat superior and negligent training. The City will indemnify Officer Watkins for plaintiff's entire injury if Officer Watkins is found liable under any state law claim, including the malicious prosecution claim against Officer Watkins. Therefore, as with Count VIII, allowing a separate claim for malicious prosecution against the City would allow plaintiff the potential for impermissible double recovery for the same injury via Count VI. Count VII against the City is dismissed.
II. Plaintiff Fails to State a Monell Claim
Gibson's complaint in Count VIII, while titled "Negligent Training and Supervision, " makes allegations regarding the City's policies and practices regarding the training of officers. Although Gibson never explicitly names a policy and practice theory of liability, for the avoidance of doubt this Court must also consider whether Count VIII could proceed under Monell theory of liability. See Monell v. Dep't of Social Services, 436 U.S. 658 (1978). Construing Gibson's complaint as a policy-and-practice claim, Gibson fails to satisfy the pleading requirements for such a claim under Monell.
The purpose of a Monell claim is to impose liability on "a government, that, under color of some official policy, causes' an employee to violate another's constitutional rights." Monell, 436 U.S. at 692. In order to state a Monell claim, a plaintiff must show (1) that he or she has suffered a deprivation of a constitutionally protected interest, and (2) that the deprivation was caused by an official policy, custom or usage of the municipality. Id. at 694-95. To maintain a Monell claim against the City, Gibson must "plead factual content that allows the court to draw a reasonable inference' that the City maintained a policy, custom, or practice" that deprived Gibson of his constitutional rights. McCauley v. City of Chicago, 671 F.3d 611, 616 (7th Cir. 2011) (quoting Monell, 436 U.S. at 694). Additionally, "legal conclusions or elements of the cause of action... may be disregarded on a motion to dismiss." McCauley, 671 F.3d at 617. Claims that are fail to allege facts proving that the City adopted an official policy or custom are not sufficient to survive a 12(b)(6) dismissal. Id. at 618.
Under the standard set forth in McCauley, Gibson fails to state a Monell claim. His complaint fails to allege facts in support of the theory that the City maintains an official policy or custom endorsing police brutality or deprivations of constitutional rights. In particular, Gibson alleges in toto the following facts about negligent training:
[T]he City of Chicago acted Willfully and wantonly in failing to properly train in [proper use of force, proper de-escalation techniques when dealing with ornery citizens, probable cause the crime of reckless conduct, and when and when not to initiate criminal proceedings], given numerous studies, lawsuits, and complaints that have given City of Chicago notice that its employees have not been properly trained in these areas and regularly batter and falsely arrest citizens.
[T]he City of Chicago acted willfully and wantonly in that it has created an entity that ostensibly holds police officers accountable (the Independent Police Review Authority) but in actuality and purpose serves to protect police officers by covering up their batteries and false arrests. (Compl. ¶ 79.)
Further, the City of Chicago acted willfully and wantonly in that it condones a code of silence among police officers that leads to numerous malicious prosecutions designed to cover up batteries and false arrests. (Compl. ¶ 80.)
Gibson's complaint fails to provide facts that, if true, prove the City adopted an official policy or custom that intentionally caused the deprivation of his constitutional rights. Gibson's allegations of the City's failure to train police officers does not equate to the City intentionally maintaining a practice of depriving citizens' rights. See McCauley, 671 F.3d at 618. Therefore, Gibson fails to state a Monell claim. The dismissal of Count VIII against the City does not prevent Gibson from later seeking to amend the complaint to bring a properly pled Monell claim; as presently pleaded, however, Gibson may not use Count VIII's negligent supervision claim as a basis to file what amounts to Monell charge without satisfying the necessary elements to proceed to discovery on the City's policies.
For the reasons stated herein, the City's motion to dismiss Counts VII (against the City) and Count VIII is GRANTED.
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Saints Row 2: Collectors Edition (everything BUT USB Drive) - $20
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Official OST
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Kingdom Hearts II Formation Arts Vol. 2 **Box opened but figures still in plastic** **out of run products**
~ Twilight Thorn $30
Kidrobot figures:
SDCC 2013 Mecha Zangief (Unopened) - $30
Box is unopened, I have two of these and used my open box as an example.
FightStick Parts:
2 Solid Sanwa Balltops $3 each
~ White
Sanwa GT-8F Restrictor - $4.75
Mixed Up OBSF 30MM PUSHBUTTONS:
All except one button are in great condition. One of the Red/White pushbuttons have leftover solder and has a bit difficulty getting on a QC. - $16
Battle Royal Ultimate Edition - $20 Each
**Volume 2
**Volume 3 (Unopened)
Kingdom Hearts Vol. 1 & 2 - $6
Kingdom Hearts:Chain of Memories Vol. 1 - $5
Kingdom Hearts:Chain of Memories Vol. 2 - $5
Kingdom Hearts II: Vol. 1 - $5
Ouran Host Club Vol. 1 $5
Vampire Knight Vol. 6 - $5
The Melancholy of Haruhi Suzumiya Vol. 12 (In Kanji) - $5
**Buy all KH manga and i'll include 3 Kingdom Hearts postcards**
Import Cans
*Prices vary because of import/out of print*
Would like to have them bought out in at least 2+ to save on shipping
Final Fantasy XIII Elixirs (Released in 2009/Out of Print)
**Sazh (Unopened)
**Vanille (Unopened)
Each $25
Also have an opened/empty can form the FFXIII Trading box art if you're interested. Will include box but no mini figure. $10
Drangon Ball Z Dydo Drinks (2012 Series) - $15 Each Unopened
Dragom ball Z Dydo (2013 Series/Diet/$15) and Sonic Boom (Unopened/$10)


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Vogue Paris has just announced that its fashion director, Emmanuelle Alt will be taking the position of Editor-In-Chief, following the surprise departure of Carine Roitfeld last month.
Alt is credited with styling some of the magazine's most memorable spreads since joining the Vogue Paris team in 2000. The fashion journalist is also vocal in her admiration for the late Michael Jackson, specifically his sense of style.
In fact, Alt was one of the biggest advocates of the recent boulder shoulder trend, sparked by the Jacko-esque shoulder padded creations from Balmain's autumn/winter 2009/10 show. She even style Balmain's ad campaign.
We look forward to the weird and wonderful trends that she'll bring to the fashion world now that she's got the top spot at the magazine...
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