text:
Mochi princess
Chapter 1- A Clockwork World
"I'm Kim Taehyung, most people call me V," he introduced. Another gunshot echoed through the air, causing Kuro to flinch. "Don't worry," V reasured, patting her on the head. As she looked up at him, he smiled. The scent of coffee drifted away from the 177 cm tall Korean flower boy with short dark purple hair an dark purple eyes jumped down from the top of the train.
After taking the lift to the ninth floor, he showed her to the apartment at the end of the hallway. He pulled a key out of his pocket as he opened the door."Someone needs to sort out their shoes," he sighed, kicking all the shoes to the side. "It's okay," Kuro giggled. Jimin kicked of his sneakers as he jumped up onto the step before crouching down. He untied the pink lace around Kuro's Angelic Pretty sneakers slightly so it was easier for her to take them of.
"They're tied really weirdly," Jimin observed. "My friend did it," Kuro mumbled. Jimin glanced up at her. "You can't tie laces?" he guessed. Kuro's checks lightly blushed as she nodded. "I'll do them for you every morning," he smiled. "Really?" Kuro asked. "Of course!" he nodded, doing a thumps up. Kuro quickly leaned forwards, hugging him. "Thank you!" she beamed. Jimin smiled as he patted her on the head. "Get a room," J-hope complained. Kuro's face turned bright red as she quickly stood up, took of her shoes and shuffled to the side, still near the edge of the step. "Thanks, Ho-Seok," Jimin complained. Jungkook walked around the corner, leaning on Kuro's shoulders. "Welcome home," he smiled. "I-It's good to be home," she blushed, looking him in the eye. "So cute," Jungkook grinned, hugging her before quickly stealing Jimin's shopping bag. "Ah, It's not Yaoi. I thought I finally caught you," he sighed, disappointment in the manga inside. Kuro giggled as she pulled her hood back. "Not you too, Kuro thought the same thing," Jimin sighed, taking his bag back. "Welcome back," Jin greeted as he got up of the sofa. "Food should arrive soon," V added. "Are you okay with pizza?" J-hope wondered from next to V on the sofa. "Yep," Kuro nodded. The door opened behind them with Suga and Rapmon next to each other, each holding a seven-11 shopping back each. "Welcome back," Kuro smiled, spinning around and slipping. Jimin quickly wrapped his arms around her before she could fall. "Your seriously clumsy," Suga commented. "I-I'm not clumsy," Kuro blushed, looking up at Jimin who smiled. "Sorry," she blushed, quickly standing up. "I'm used to it," Jimin responded, moving his hands away from her. "It doesn't happen that much," she pouted, puffing out her checks. "Right, right," Jimin laughed. Suga took of his shoes as he stepped onto the step, patting Kuro on the head as he walked past. "I'm gonna go get changed into pajamas, these are too un-comfy," he responded as he walked around the corner. Opposite the entrance way was the kitchen. To the left of the entrance way was a door leading to a bathroom. The living room was to the left with a large balcony on the back wall. Along the left wall was a large cream sofa covered in pillows. On the floor in-front of it was a large, fluffy rug with a table on-top which had a manga in the middle. On the right wall was the TV stand with the large TV on-top and a collection of games of DVDs on the floor around it. A large hallway went out of the living room. To the left was Suga's room and then J-hope's room followed by Jin's and then Jimin's. At the end of the hallway was Kuro's room. On the right side leading from Kuro's room was Rap monster's, V's, Jungkook's and then the kitchen. A loud knock echoed through the apartment. "I'll get it," J-hope smiled, putting down the manga he was reading before rushing to the door. "Thank you for your order," the delivery man thanked as he swapped the pizza box for the money. e placed them down on the table in-front of the sofa before sitting down the other side of Kuro. "For our first night all living together," Suga added, holding his glass of lemonade into the middle followed by everyone else. "Fairy tale is on TV," Jin added, changing the channel on the flat-screen TV once they finished eating. "Do you want me to show you your room?" J-hope offered. "If its okay," Kuro nodded. "Sorry if It looks bad, me and Jungkook were doing it," Jin apologized as he sang along to the theme tune coming from the speakers. "It's okay, whatever it looks like, it will be good since you did it," Kuro smiled before following J-hope. "Sorry if it looks bad," he apologized as he pushed open the door to revel the pastel pink room inside. The carpet was dark pink with light pink spots. In the back left corner of the room was a double white bed which was neatly covered in a pastel pink duvet cover which had lace and bows as well as matching pillows along with a pastel pink Etude House SHINee pillow. A 30 cm mint Arpakasso sat at the end of her bed along with a My Melody, Little twin stars Unicorn, Kuromi, Korilikkuma and a Super Sonico plushie. Five pastel pink printed salopettes hung from the top of the walls around her bed by pastel pink coat hangers with a Hello Kitty face printed in the middle. A set of doors leading to the balcony was to the right of the bed, covered by a pair of pastel pink curtains decorated in black Alice in Wonderland designs. In the right hand corner was a long pastel pink mirror resting against the wall. Next to it was a set of pastel storage units with my Melody themed storage boxes on one set. On the top were Strawberry shaped Bento boxes which stored hair-ties and clips. A long sleeved pastel pink seifuku and a short sleeved mint seifuku hung above them. On the next bit of the storage units had a variety of different sized My Melody plushies. A collection of fashion magazines were neatly in the bottom of the storage holders. A white wardrobe was in the corner of the wall nearer the door. Above the bed was a small VIXX poster featuring Ravi and Hongbin wearing what appeared to be pajamas. A small pink Love live Nico wall hanging scroll was by the mirror. A mini circle shaped white table was in the middle of the room which a storage stray underneath which had a My Melody shaped purse and several other cute merchandise. "Its cute," she smiled, doing a thumps up. "I'm gonna go watch Fairy tale with the guys, shout if you need anything," he smiled, patting her on the shoulder as he walked past. The next morning the smell of pancakes filled the apartment. Jin was cooking breakfast in the kitchen wearing matching Doraemon pajamas. "Morning," Kuro muffled through her hand as she yawned. "Morning," Jin smiled. As he turned around, his face blushed as he looked at Kuro's pastel pink pajamas. A pair of plain pastel pink thigh high socks covered her legs.
Magic lies within ♥ the macaroon
Mochi princess
Chapter 2- Fairy wars
V quickly turned the air con on.
V had fallen asleep on the floor, with his back to the bed and head resting on his arms. He smelt a faint, sweet, strawberry-like scent and felt someone tug his sleeve. Opening his eyes, he saw white hair. "Sorry for waking you," Kuro mumbled. As he blinked his eyes open, he realized that Kuro was leaning over his shoulder. He could feel her lightly shaking. "Kuro!" he smiled. He quickly moved up onto the bed, wrapping his arms around her, accidentally knocking her backwards on the bed as he pressed up against her, rubbing his check against hers. "I was really worried about you," he admitted, looking down at her."Your pressing to hard," Kuro mumbled. A smirk formed on his face as he sat up on her stomach. "Not like that!" Kuro blushed. "What happened back there?" he asked, looking straight into her eyes. "A demon followed me..." she mumbled. "What happened to him?" V asked, lightly placing his hands on her waist. "He walked of..." she mumbled. "What if he comes to find you?" he panicked, leaning forwards which caused Kuro to flinch slightly as she looked away. "I don't think hes going to," she blushed.V's heartbeat increased as he focused on her pale pink, soft lips. "A-Anyway, y-your k-kinda heavy," she blushed, looking to the side. His face suddenly turned red before he moved to the side to help Kuro up. "Sorry!" he panicked, remembering the cut on her stomach. "Anyway, where is this?" she asked, looking around the room. "My room," V responded, picking up one of the plushies. "So this is your bed?" Kuro blushed, watching him nod. "I'll go wake up the others," he added, patting her on the head before standing up. "Change into this first," he remembered, picking up a large t-shirt with Micky mouse printed in the middle before pacing it to Kuro. "Thanks," she blushed. V ruffled her hair before leaving the room. She quickly changed into the top which reached just under her hips. A pair of arms suddenly wrapped around her waist from behind her. Jungkook smiled as she looked up at him. "I was really worried about you!" he admitted, lightly kissing the inside of her index finger which caused her checks to blush. "Lets go out into the living room," he added. Kuro nodded as she went to sit up however pain rushed through her. Her checks turned red as she fell onto Jungkook's lap. "Are you okay?" he flushed, looking down at Kuro who had headbutted his thigh when she fell. "I-I'm not clumsy," she blushed before Jungkook could say what he was going to say. "Sure, Sure," he laughed, patting her on the head. "S-Sorry!" she blushed, going to sit up again however fell down again, gripping onto her stomach. "The others are worried as well, let's go," he remembered, wrapping his arms around her as he picked her up Princess style. "I-I can walk!" she blushed. "V already carried you like this, no need to be embarrassed," Jungkook responded, standing up and being careful to not fall over. "Right, i rang him before I collapsed..." she mumbled. "You should of called one of us sooner so we could of helped you," he added, kicking open V's door. Kuro glanced up at him. "I doesn't look like you went into shock," he added. "Her pulse was really slow earlier," V interrupted as he walked out of Kuro's room, holding one of the plushies from her bed. "Do you want to go to the hospital?" Jungkook offered. "I'm okay, I don't like the hospital," Kuro mumbled. "Ah, right, Shinigami," V guessed, watching Kuro nod. "I'm going to go make you something to eat," V added, patting her on the head as he walked past. "It hurts a lot, right?" Jungkook guessed, look down into her eyes as she looked up at him. "Sorry, is it obvious?" she mumbled. "Your slightly shaking," he admitted. "Sorry!" Kuro blushed, trying to move out of his hands. "H-hey, Kuro, It's okay, I'll carry you," Jungkook panicked. His foot dripped on the carpet. THUD. "O-Ow..." Kuro mumbled, feeling something hard land on her as she fell onto the carpet. "You might of been embarrassed but still, your too clumsy," Jungkook's voice whispered from next to her ear. His breath felt warm. Kuro admittedly opened her eyes to see that Jungkook had fallen on-top of her. Their legs were intertwined as he was pressed up against her, his hands on her waist. "K-Kookie?" she blushed. "This is why I was carrying you, so you wouldn't fall," Jungkook added, not moving. "B-But its embarrassing and..." Kuro blushed, flinching when he pressed down even more. "You shaking was only worrying me," he reasured. "Keep it pg to 13 in the hallways," Suga interrupted. "It is pg to 13," Jungkook defended. "Well I can tell its happening so get of her before things get weird," Suga complained. Kuro blankly looked up at him. He crouched down so he was closer to looking Kuro in the eye. "Has he done anything weird to you?" he asked. "No, what do you mean its happening?" Kuro innocently asked. Jungkook's face turned bright red as he quickly stood up and turned around. Suga helped her sit up. "Do you have idea now?" he asked. Kuro's face turned bright red. "She's guessed," Suga added. "Yoongi, your not helping!" Jungkook flushed.
"Okay, pervert, that's enough," Rap monster complained, pulling Kuro to his lap. He leaned his head on her shoulder. "I'm okay with sitting on the sofa," Kuro blushed. "Don't worry your not heavy and your soft," Rap Monster reassured. "That doesn't make it any less awkward," she mumbled, pressing her index fingers against each other. Rap Monster moved his arms away from her. Kuro quickly sat down on the sofa in-between his legs. "Heh, so you like sitting in-between his legs?" Suga smirked. Kuro glanced up at him, blushing as they exchanged eye-contact. "I-its not that I like it," Kuro mumbled, glancing at Rap Monster who was watching her. "So you don't mind it?" Jin guessed. "I don't hate it," she nodded, glancing down. "You guys made her embarrassed," J-hope commented, patting Kuro on the head.
She felt dizzy as her vision went blurry. Jimin quickly caught her as her legs went weak, knocking her down. She gripped onto the end of his sleeve. "Are you okay?" he panicked. "My head really hurts," she puffed, tightening her grip on his sleeve. "You might have a concussion, I'm taking you to the Hospital," Jimin decided. "I'll be okay," Kuro mumbled. Jimin quickly sent a message from his phone. "You've been getting worse, you might be internally bleeding for all we know," Jimin reminded. "Hospital bills are expensive," Kuro mumbled. "SDC pays for them as long as we're there. Don't worry about that," Jimin reasured. Suga quickly ran around the corner. Kuro weakly glanced up at him. "I got her stuff like you asked," Suga added, pacing Jimin a bag while he crouched down with his back facing Kuro. "You would prefer if I carried you like this so get on," Suga commented. "I'm okay, It's nothing serious," Kuro mumbled. She placed her hand against her mouth as she started coughing. "Kuro!" Suga and Jimin panicked in-unison. Suga pulled her hand away from her mouth, seeing the blood on her head. "We need to go now, get on my back," he responded. Kuro weakly wrapped her arms around him as he picked her up. Jimin lightly patted her back. "Don't worry, everything will be okay," he reasured.
Jimin and Suga were waiting outside a hospital room, pacing up and down. A 184 cm tall Japanese man walked out. "I'm Oguri Shun," he introduced. "Is she okay?" Suga asked. "There's no serious injuries or no broken bones. However its likely there was and her Shinigami powers healed her," Shun informed. "So she's okay?" Jimin asked. "She needs to rest, not move around and too eat, she uses her blood for her powers. She used to much and needs to get more energy," Shun informed. "So she needs more blood?" Suga asked. "Don't worry, that's already sorted, it seems like your ready to donate if she needs any," Shun expressed. "Of course," Jimin and Suga responded at the same time. "When can she go home?" Jimin asked. "We would prefer for her to stay in over night so we can check on her," Shun explained. "We can check on her, staying here will make her worse," Suga stubbornly added. "If you properly check on her, not leaving her alone for long that can be alright. But she needs an adult to fill out the dismissal form," Shun responded. "I'll do that, I'm 21," Suga nodded. "Okay, follow me and I'll give you a form. You can go in to see her," Shun nodded, glancing at Jimin who bowed. "Thank you," he responded. Kuro was sitting up in the bed ,with the plushie Suga brought from her room, on her lap. "Luckily your okay," he sighed. "I told you I was fine," Kuro mumbled, pulling the blood transfusion tube out of her arm which caused her to flinch. "I don't think your meant to take those out," he added. "It hurts having it going into my vein," Kuro mumbled. "If you keep it in you will feel stronger," Jimin reminded.
"This will get rid of the headaches," Shun informed, pacing her some pills. "You know I won't take them," Kuro mumbled. "You never did but they will make you," Shun commented, looking at Suga and Jimin who had blank looks on their faces. "When she was found when she was younger, I was the Doctor who made sure she was okay," Shun explained. "Did you know I was a Shinigami?" Kuro asked, looking up at him. "I'm human so I can't sense you or anything. I knew you weren't human, that's all I knew," Shun informed. "When you were found?" Suga repeated, glancing at Kuro who was playing with the plushie. "Anyway you need more red blood cells," Shun complained, looking up to see how much blood was left. "Can I go home yet?" Kuro mumbled. "I signed your release papers," Suga nodded. Kuro stood up, falling forwards and being caught by Jimin. "You need to rest for a week," Shun ordered.
"Wake us up if you feel worse or want anything," Jimin added, pulling the duvet up over them. "Yep, wake us up any-when," Suga nodded, kissing her check which caused her face to turn red. Suga stroked her hair as she slowly fell asleep. "I wish there was something we could do for her," Jimin whispered.
"Jeez," V complained, looking to the side. Jimin was pressed up against her back, his left leg going in-between hers as his head rested against her shoulder. Kuro was lightly holding onto the end of Suga's sleeve as he laid in-front of her, holding her hand and leaning his head against her shoulder that was leaning against the bed. "I'm gonna wake them two up to move away from her," Rap Monster complained. V quickly grabbed his arm. "Her shaking's stopped, I think they were just comforting her," V observed.
"You went to the hospital?" Rap monster panicked. "More like forced to go," Kuro mumbled. "You could barely stand up, you pulse kept changing, you had a headache and your vision went blurry," Jimin reminded. "Are you feeling better?" V asked, placing his hand against her forehead.
V glanced up at her, smiling.
"It's so hot," she puffed, looking up at the ceiling. J-hope sat down on the floor next to the sofa as he leaned his arms against her. "Your barely wearing anything and your really hot?" he asked. Kuro nodded, moving her hand to use as a fan however flinched. J-hope quickly knelled up. "Are you okay?" he panicked. "How long will it take for the pain to disappear?" she mumbled. J-hope leaned over her, his head a couple of cm's away from hers. "I have aircon in my room, sleep in there," he offered. "It's okay, its your room," she blushed. "I can sleep in there as well," he flushed, watching Kuro's checks turn even more red.
Magic lies within ♥ the macaroon


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Phoenix Balboa & The Kats Korner Present
Mickey's Balboa Bonanza
December 16th-18th
Mickey Fortanasce is in town THIS December! Don't miss your chance to learn from one of the worlds best Balboa dancers in the world!
Mickey began swing dancing in Los Angeles in '99. A year later he was teaching local swing classes at NYU. After graduating he worked with local teams in New York including Varsity Swing and Hop Swing and a Jump and later started running his weekly dance. Mickey has many accalades from all over the world of which include victories at All Balboa Weekend's American Classic Balboa Championship, Balboa Rendezvous' International Balboa Championship, Balboa division the International Lindy Hop Championships, and more!
With a full weekend pass you will get admission to Third Friday Balboa, Kats Korner, Balboa Practice at Gary's house Sunday night, as well as classes Saturday and Sunday!
- First FIVE weekend passes are only $75- SOLD OUT
- Next set of TEN weekend passes Or until December 3rd are $85
- From then on passes are $95
Click the "Pay Now to Register" below to register
A La Carte Pricing
Can't Make the whole weekend?? It's ok! You can still come play with us!
Individual Class: $15
Friday Night Dance: $4
Saturday Night Dance: $10; $8 with Valid Student ID
Saturday Day Pass: $55 – includes all classes for the day and Kats Korner that night
Sunday Day Pass: $50 – includes all classes for the day
Friday Night: Dance hosted by Phoenix Balboa "Third Friday Balboa"
7116 E Sunnyvale Rd, Paradise Valley, AZ 85253-2323
Lesson 8:00 to 9:00 with Gary Emery
Dance 9:00 to whenever (there seems to be no end in sight)
Saturday Day: Classes with Mickey 10am – 3pm
Location TBD
Schedule TBD
Saturday Night: Dance at The Kats Korner
446 E Broadway Rd Mesa, AZ 85204
Beginning East Coast Swing Lesson 7:15pm to 8:00pm
Dance 8:00pm to 11:00pm
Saturday Day: Classes with Mickey 11am – 4pm
Location TBD
Schedule TBD
Sunday Night: Balboa practice hotsed by Phoenix Balboa
7116 E Sunnyvale Rd, Paradise Valley, AZ 85253-2323
Schedule TBD

subset: commoncrawl


text:
The global market for micro servers is observing massive call for competent computing goods, which has obliged market players to upturn their concentration on product invention and development of the current assortment. Mergers, acquisit�
Sales, means the sales volume of Glyoxal
Revenue, means the sales value of Glyoxal
This report studies sales (consumption) of Glyoxal in Europe market, especially in Germany, UK, France, Russia, Italy, Benelux and Spain, focuses on top players in these countries, with sales, price, revenue and market share for each player in these Countries, covering
- Ashok Alco - chem Limited (India)
- Celanese Corporation (US)
- Eastman Chemical Company (US)
- Jubilant Life Sciences Limited (India)
- Laxmi Organic Industries (India)
- LCY GROUP (Taiwan)
- Lonza Group Ltd. (Switzerland)
- Naran Lala Pvt. Ltd. (India)
- SEKAB (Sweden)
- Showa Denko K.K. (Japan)
- Sumitomo Chemical Co., Ltd. (Japan)
Market Segment by Countries, this report splits Europe into several key Countries, with sales (consumption), revenue, market share and growth rate of Glyoxal in these countries, from 2011 to 2021 (forecast), like
- Germany
- France
- Russia
- Italy
- Spain
- Benelux
Split by product type, with sales, revenue, price, market share and growth rate of each type, can be divided into
- Type I
- Type II
- Type III
Split by application, this report focuses on sales, market share and growth rate of Glyoxal in each application, can be divided into
- Automobile
- Chemical industry
- Aerospace
- Medical care


text:
Hi, I have the original disks from the time I had a soundblast3er card.
I know that they worked with windows 95, I can't sware that they work with 98
I also have an aplication disk, If you would like a copy send me shipping cost, and they are yours.
Regards Ken
At 08:51 AM 3/21/2006, you wrote:
Hi all I was wondering if anyone knows where I could download a file I'm looking for.
the creativelabs site is the most useless thing I eve ran into, but in about 2000 when I had an sblive card, I went to their site and downloaded a 19 meg file which was the sound drivers and the control pannel and such for the card. now, you go to their site and you can't download anything. does anyone know where I could get drivers for windows 98.
I use windows 98 for several reasons and yes, I do have xp but *spit* who wants xp?
I searched google and downloaded two files, one was 2.4 megs and was
called sb hot fix, which that didn't work and the other was 5.6 megs
and gives me an error that says error moving data c:\windows\temp \xxx.tmp (where xxx is the file name) and it says ok and exits.
I really need these drivers please and would appreciate it. thank you. Gabe BlindTech of BlindTechs.Net blindtech@xxxxxxxxxxxxxx website: http://blindtechs.net Visit our website where we offer free email, shell accoiunts, shoutcast radio service, online games and more! Powered by Unix not Microsoft
On Mar 21, 2006, at 6:32 AM, Darren Duff wrote:
That's one thing that I like about AVG. There are lots of hot keys, and you can tab through the program interface as well. Once you get it setup it just runs in the background and lives a happy life in your system tray.
Darren Duff
Assistive Technology Instructor
Blind & Low Vision Services of North Georgia
3830 South Cobb Drive, Suite 125, Smyrna, GA 30080
Phone 770-432-7280 800-726-7406 Fax: 770-432-5457
Visit our Web site at
-----Original Message----- From: blindcooltech-bounce@xxxxxxxxxxxxx [mailto:blindcooltech-bounce@xxxxxxxxxxxxx] On Behalf Of Sandra Henshall Sent: Tuesday, March 21, 2006 6:38 AM To: blindcooltech@xxxxxxxxxxxxx Subject: [bct] Re: nod32
Hi Billy, As far as I know, I haven't found any hot keys to perform tasks. I've got scans scheduled to go automatically with the scheduler planner and the updates are automatic so I never really need to go into the program at all so I don't find the lack of hot keys a problem. Incidentally, I only joined this list last Friday and I'm just thinking that I certainly picked a good time to become a member ! !
Cheers, Sandra.
kenneth reed phone: 860-741-7546 skype: kvreed502


text:
Get all 45 Sol Selectas releases available on Bandcamp and save 40%.
Includes unlimited streaming via the free Bandcamp app, plus high-quality downloads of Sabilu EP, Inevitable Ending EP, Lunar Dreams EP, Yaybahar Remix, Summer Sol, Vibe Quest, Syria, Jupiter / Chivas, and 37 more. , and , .
Sol Selectas Los Angeles, California
Streaming and Download help


text:
The firewall plugin checks the configuration of the firewall and the local services. It then collects the data, for further analysis in the central control panel.
Supported software components:
- IPtables
- nftables
- pf
About Lynis
Lynis is an open source security auditing tool, specialized in Linux and Unix based systems.
Our software solution helps companies to audit their systems, craft a defense plan and check for compliance.Be different
We don't simply go for more features. Our customers want to software that is understandable, easy to use and helps them save time. With our specialized focus on your favorite platform, we believe we can make your work easier and save you time.
Lynis Plugins
Plugins are part of the Lynis Enterprise Suite. They provide an extension to Lynis and help to collect more information.
We provide tools like Lynis and these related plugins, as we believe that information security is very important for every business. Our goal is to help you succeed with your business goals, protect your data and that of your customers.
Other pluginsDocker Containers
File Integrity
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text:
3D insulation with a 100 % matching accuracy
Get more information
Products for thermal and acoustic insulations
Textile glass meets metal
Click here to get to our department "Textilglas".
Click here to get to our department "Automotive".
In order to follow the market needs, Culimeta is expanding its production surface by another 2.000 m² in 2016 in Valmiera/Latvia.
As part of a fact-finding mission on the subject of glass fiber processing industry Culimeta Baltics was visited by a high-level Finnish business delegation.
14.03. - 18.03.2016
ISH is the world's leading trade fair for the combined topic of water and energy.
Visit us in hall 9.2 booth F52!
09.05. - 12.05.2017
Techtextil is the leading international trade fair for technical textiles and nonwovens showing the full range of potential uses of textile technologies.
Visit us in hall 3.1 booth E15!


text:
Happy Hills Animal Foundation, Inc
Missy is a beautiful young adult dilute tortishell girl. She is playful and enjoys her toys. She interacts well with other cats and enjoys the company of her human caretakers. Missy found her way to the HHAF shelter when her family could no longer care for her. She is currently taking applications for a new family to spend her life with.
From Raleigh take 64 to 421 (at Siler City) and go north.
Pass the second Liberty exit (route 49) and the next left is Troy Estates Road.
Turn left on Troy Estates Rd. Take the first right (about 100 feet) onto Willard Road
Go 8/10 of a mile and turn right on Happy Hills Dr. There is a small "Happy Hills" sign just below the mailbox, on the same post. Take the second driveway on the right, it is a circular driveway and goes past the kennel and back out.
Please call ahead for an appointment, so we can have everything ready for you. 336-622-3620
Thank You!
Your message has been sent to Happy Hills Animal Foundation.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


text:
Wong Tai Sin MTR Station, Hong Kong (map)
You would be darned to learn that more than 70% of Hong Kong is country parks and the skyscrapers are just taking 30% of the territory. In 2016, the 100km MacLehose trail in Hong Kong was awarded one of the 20 best hiking trails around the world. While you enjoyed the hustle and bustle of Hong Kong, why not spend some time to walk a trail and experience the tranquil side of Hong Kong?
In Lion Rock, you get to see a different Hong Kong skyline that rivals Victoria Harbour and the Peak, telling the story of Hong Kong people's Can-Do spirit.
Starting Time: Every Sunday 4:30pm
Meeting Point: Wong Tai Sin MTR Station Exit E (Underground level)
Duration: Around 2.5 hours
Cost: Whatever you think it is worth!
Cancellation: Please note this tour will be canceled if typhoon signal 8 or black rain signal is hoisted
For more information: http://www.hongkongfreetours.com/hiking-tour/
Meetup members, Log in
By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy


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November 17, 2009
ROSALBA SANDOVAL, INDIVIDUALLY, AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED CURRENT AND FORMER EMPLOYEES OF COURTYARD MARRIOTT AND THARALDSON EMPLOYEE MANAGEMENT, INC., PLAINTIFF,v.THARALDSON EMPLOYEE MANAGEMENT, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.
[Motion filed on July 28, 2009]
ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER: (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS; (2) GRANTING PRELIMINARY APPROVAL TO PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION; (3) DIRECTING DISSEMINATION OF CLASS NOTICE AND CLAIM FORM TO CLASS; AND (4) SETTING FINAL APPROVAL HEARING DATE AND RELATED DATES [Link & Term Doc. Nos. 32 & 39]
On October 30, 2007 in the California Superior Court for the County of San Bernardino, Plaintiff Rosalba Sandoval ("Plaintiff") filed a putative class action Complaint against Defendants Courtyard Marriott ("Marriott") and Theraldson Employee Management Inc. ("Tharaldson" or "Defendant") with the following claims:
(1) Failure to Pay Overtime Compensation, Labor Code § 1194; (2) Unlawful Collection of Receipt of Wages Previously Paid and Failure to Indemnify for Expenditures in Discharge of Duties, Labor Code §§ 221, 2802; (3) Failure to Provide Required Meal Periods, Labor Code § 226.7; (4) Failure to Provide Required Rest Periods, Labor Code § 226.7; (5) Failure to Provide Accurate Statements and Maintain Required Records, Labor Code §§ 226, 1174; and (6) Unlawful Business Practices, Business and Professions Code § 17200. On April 9, 2008, Defendant Tharaldson Employee Management Inc. removed the case to this Court pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d). On July 8, 2008, pursuant to Federal Rule of Civil Procedure 41, Plaintiff dismissed Defendant Courtyard Marriott from the action.
On March 4, 2009, Plaintiff filed a "Notice of Settlement" as to all claims against Defendant Tharaldson. On July 28, 2009, Plaintiff filed a "Motion for Order: (1) Conditionally Certifying Settlement Class; (2) Granting Preliminary Approval to Proposed Class Action Settlement and Plan of Allocation; (3) Directing Dissemination of Class Notice and Claim Form to Class; and (4) Setting Final Approval Hearing Date and Related Dates" ("Motion"), the Declaration of Matthew J. Matern ("Matern Declaration"), a Stipulation of Class Action Settlement ("Stipulation"), and proposed Claim and Notice Forms. On August 7, 2009, Defendant Tharaldson filed a "Notice of Non-Opposition" to Plaintiff's Motion. During a hearing on August 24, 3009, the Court requested the parties file additional declarations. On September 3, 2009, Plaintiff filed the Declaration of Rosalva Sandoval ("Sandoval Decl.") and the Supplemental Declaration of Matthew J. Matern ("Matern Supplemental Decl.") in support of the Motion.
A. Class Certification
Parties seeking class certification for settlement purposes must satisfy the requirements of Federal Rule of Civil Procedure 23 ("Rule 23"). Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 620 (1997). A court considering such a request should give the Rule 23 certification factors "undiluted, even heightened, attention in the settlement context." Id.
To bring a class action under Rule 23(a), a plaintiff must demonstrate: the class is so numerous that joinder of all members is impracticable ["numerosity"], (2) there are questions of law or fact common to the class ["commonality"], (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class ["typicality"], and (4) the representative parties will fairly and adequately protect the interests of the class ["adequacy of representation"].
In addition to these prerequisites, a plaintiff must satisfy one of the Rule 23(b) prongs to maintain a class action. Where, as here, a plaintiff moves for class certification under Rule 23(b)(3), the plaintiff must prove: the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (A) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (C) the desirability or undesirability of concentrating the litigation of the claims in the particular forum.*fn1
B. Preliminary Approval of Settlement
Rule 23(e) states: "The court must approve any settlement, voluntary dismissal or compromise of the claims, issues, or defenses of a certified class." Fed. R. Civ. P. 23(e)(1)(A). The court must hold a hearing and find that "the settlement... is fair, reasonable, and adequate." Fed. R. Civ. P. 23(e)(1)(C). Review of a proposed settlement generally proceeds in two stages, a hearing on preliminary approval followed by a final fairness hearing. See Federal Judicial Center, Manual for Complex Litigation, § 21.632 (4th ed. 2004).
At the preliminary approval stage, a court determines whether a proposed settlement is "within the range of possible approval" and whether or not notice should be sent to class members. In re Corrugated Container Antitrust Litig., 643 F.2d 195, 205 (5th Cir. 1981); see also the purpose of a preliminary approval hearing is "to ascertain whether there is any reason to notify the class members of the proposed settlement and to proceed with a fairness hearing"); Manual for Complex Litigation § 21.632.
A. Certification of Settlement Class
In this Motion, Plaintiff seeks certification of the settlement class, described as: "all persons who were employed in any non-exempt position at any Courtyard by Marriott property ("Property") which was or is managed by Tharaldson in the State of California between October 30, 2003 and the Date of Preliminary Approval." (Settlement Stip. § 1.5.)
1. Numerosity
To establish, under Rule 23(a)(1), that joinder of all members is "impracticable," the plaintiff need not show that it would be "impossible" to join every class member. Haley v. Medtronic, Inc., 169 F.R.D. 643, 647 (C.D. Cal. 1996). There is no specific number requirement, as the court may examine the specific facts of each case. Ballard v. Equifax Check Servs., Inc., 186 F.R.D. 589, 594 (E.D. Cal. 1999). Indeed, courts have not required evidence of specific class size or identity of class members to satisfy the requirements of Rule 23(a)(4). Robidoux v. Celani, 987 F.2d 931, 935 (2d Cir. 1993).
Here, Plaintiff's counsel avers the settlement class consists of over one thousand current and former employees of Defendant. (See Matern Decl. ¶ 24; Mot. at 9.) This satisfies "numerosity" for purposes of Rule 23. See Ballard, 186 F.R.D. at 594.
2. Commonality
Courts have construed Rule 23(a)(2)'s commonality requirement permissively. Hanlon v. Chrysler Corp., 150 F.3d 1011, 1019 (9th Cir. 1998). As the Ninth Circuit explained:
All questions of fact and law need not be common to satisfy the rule. The existence of shared legal issues with divergent factual predicates is sufficient, as is a common core of salient facts coupled with disparate legal remedies within the class.
Hanlon v. Chrysler Corp., 150 F.3d 1011, 1019 (9th Cir. 1998).
Additionally, this Court, Pfaelzer, J., has stated "the commonality requirement is interpreted to require very little." In re Paxil Litigation, 212 F.R.D. 539, 549 (C.D. Cal. 2003). "[F]or the commonality requirement to be met, there must only be one single issue common to the proposed class." Haley, 169 F.R.D. at 648.
Here, Plaintiff lists nine "common questions." (Mot. at 10-11.) Plaintiff's Declaration and Matern's Supplemental Declaration substantiate Plaintiff's allegations. Matern's Supplemental Declaration discusses time record sampling analysis and other evidence indicating that "Defendant routinely required employees to work through meal and rest periods." (Matern Supplemental Decl. ¶¶ 8-9.) Plaintiff's Declaration states that she personally observed other employees who did not receive meal or rest breaks. (Sandoval Decl. ¶ 8.) This establishes an issue common to the proposed class. See Haley, 169 F.R.D. at 648. Accordingly, Plaintiff has met her burden of establishing "commonality" as required by Rule 23.
3. Typicality
The Ninth Circuit in Hanlon explained that "representative claims are 'typical' if they are reasonably co-extensive with those of absent class members; they need not be substantially identical." 150 F.3d at 1020. Thus, to find typicality, a "court does not need to find that the claims of the purported class representative are identical to the claims of the other class members." Haley, 169 F.R.D. at 649. The class representatives "must be able to pursue [their] claims under the same legal or remedial theories as the unrepresented class members." Paxil, 21 F.R.D. at 549.
Plaintiff provides evidence that her claims are typical of Class Members. Plaintiff's counsel analyzed a one-month-per-quarter sampling of Defendant's employee punch cards. (Matern Supplemental Decl. ¶ 10.) The average violation rate for the analyzed sample was 56.52 percent for Class Members for missed, short, or late meal breaks. (Id.) An analysis of Plaintiff's time cards during the entire period reflects a violation rate of 59.66 percent, which is similar to the Class Member violation rate. (Id.) This analysis indicates the claims for Plaintiff and the unrepresented Class Members arise from a similar factual basis, and according give rise to the same legal and remedial theories. See Paxil, 21 F.R.D. at 549. Accordingly, Plaintiff has established "typicality" under Rule 23.
4. Adequacy of Representation
Traditionally, courts have engaged in a two-part analysis to determine if the plaintiff has met the requirements of Rule 23(a)(4): (1) the class representative must not have interests antagonistic to the unnamed class members, and (2) the representative must be able to prosecute the action "vigorously through qualified counsel." Lerwill v. In-flight Motion Pictures, Inc., 582 F.2d 507, 512 (9th Cir. 1978).
As explained above, class representative Sandoval shares the interests of the class members in obtaining compensation allegedly owed for missed meal breaks. Moreover, Sandoval personally participated in this lawsuit and has participated in all necessary proceedings. Accordingly, Sandoval is an adequate representative of the class.
Adequate representation also "'depends on the qualifications of counsel for the representatives, an absence of antagonism, a sharing of interests between representatives and absentees, and the unlikelihood that the suit is collusive.'" Paxil, 212 F.R.D. at 550. Courts determine the adequacy of counsel under Rule 23(g). See Fed. R. Civ. P. 23(g) (the court "must consider: (i) the work counsel has done in identifying or investigating potential claims in the action; (ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel's knowledge of the applicable law; and (iv) the resources that counsel will commit to representing the class."); see, e.g., Hill v. Merrill Gardens, L.L.C., No. 1:04CV-248, 1:05-CV-4, 2005 WL 2465250, at *3 (N.D. Ind. Oct. 6, 2005); Fed. R. Civ. P. 23 Advisory Committee Notes.
Here, Plaintiff's counsel investigated potential claims of the class by: (1) deposing Plaintiff; (2) deposing Todd Troyer, Defendant's then Director of Human Resources; (3) reviewing documents produced by Defendant; (4) reviewing and analyzing Defendant's representative sample timekeeping and payroll data; and (5) consulting with experts regarding Defendant's data. (See Matern Decl. ¶¶ 16-21.) Furthermore, Plaintiff provides evidence sufficient to demonstrate the qualifications of purported class counsel. (See Matern Decl. ¶¶ 4-15, 32 (discussing the resources and collective experience of purported class's law firm and the individual education and experience of purported class counsel).) Plaintiff, therefore, has established her counsel's "ability to fairly and adequately represent the interests of the class." Fed. R. Civ. P. 23(g)(1)(B).
Plaintiff also establishes an absence of collusion. The collusion inquiry "addresses the possibility the agreement is the result of either overt misconduct by the negotiators or improper incentives for certain class members at the expense of other members of the class." In re M.L. Stern Overtime Litigation, No. 07-CV-0118-BTM, 2009 W.L. 995864, at *5 (S.D. Cal. Apr. 13, 2009), citing Staton v. Boeing Co., 327 F.3d 938, 960 (9th Cir. 2003). Here, the settlement was reached with the supervision and assistance of an experienced independent mediator, Christine Masters. (Mot. at 4.) Thus, there is no appearance of collusion. (See Matern Supplemental Decl. ¶¶ 2, 7-10.)
Accordingly, Plaintiff establishes "adequacy of representation" under Rule 23.
5. Predominance of Common Questions of Law or Fact and Superiority of a Class Action
Plaintiff's Complaint alleges that a class action is superior to other available means for adjudicating Class Members' claims. As noted above, Plaintiff's counsel analyzed a sampling of Class Members' time cards and compared the violation rate to Plaintiff's violation rate. (Matern Supplemental Decl. ¶ 10.) This analysis illustrates that resolution of the Class Members' claims and Plaintiff's claim involve common issues -- namely, whether Defendant failed to permit employees to take meal and rest breaks and to compensate employees for all hours worked. This question of fact predominates over individual questions and is common to all class members. Accordingly, Plaintiff meets her burden of showing "predominance of common questions of fact or law" and the "superiority of a class action" under Rule 23.
Based on the foregoing, the Court GRANTS Plaintiff's Motion as to conditional class certification.
B. Fairness and Adequacy of Settlement Agreement
The Court now turns to Rule 23(e) factors to determine whether the Settlement Agreement is adequate and reasonable. In determining whether a settlement is fair, reasonable, and adequate, courts balance several factors, including: the strength of plaintiffs' case; the risk, expense, complexity, and likely duration of further litigation; the risk of maintaining class action status throughout the trial; the amount offered in settlement; the extent of discovery completed, and the stage of the proceedings; the experience and views of counsel; the presence of a governmental participant;*fn2 and the reaction of the class members to the proposed settlement.
Class Plaintiffs v. City of Seattle, 955 F.2d 1268, 1291 (9th Cir. 1992), citing Officers for Justice v. Civil Serv. Comm'n, 688 F.2d 615, 625 (9th Cir. 1982).
Here, the proposed settlement calls for a total maximum settlement consideration of $750,000 (Settlement Stip. § 1.19), from which the parties propose to deduct the following: (1) 30% of the maximum settlement consideration for attorneys' fees and actual litigation expenses, which collectively will not exceed 35%, or $262,500 (Settlement Stip. § 7.1); (2) $15,000 for the class representative; and (3) claims administrations costs not to exceed $35,000 (Settlement Stip. § 8.1). By the Court's own calculation, after these deductions, the estimated remaining settlement amount ("Net Settlement Amount") will be approximately $437,500.
The Settlement Agreement proposes to divide the Net Settlement Amount among all Class Members in proportion to the gross wages earned by the Class Member during the specified period. (Settlement Stip. § 6.2.1.) The Class Members will receive a share of the Net Settlement Amount equal to his or her gross pay divided by the aggregate gross pay for all Class Members, multiplied by the Net Settlement Amount. (Id.) Within 21 days of the date of preliminary approval by the Court, Defendant will provide to the Claims Administrator, a database containing the name, last known address, and Social Security number of each Class Member. (Settlement Stip. § 9.1.) Defendant will also provide personnel and payroll records for determining Class Members' gross compensation during the class period. (Settlement Stip. § 9.3.3.) These records will be presumed determinative with respect to whether each employee is a Class Member and the data regarding gross pay. (Id.)
1. Arms-length negotiations
The parties engaged in negotiations, including a 12-hour mediation session presided over by an experienced mediator, Christine Masters, after which the parties reached an agreement. (Mot. at 4-5; Matern Decl. ¶¶ 22- 23; Matern Supplemental Decl. ¶ 4.) The Court is satisfied the Settlement Agreement is the product of arms-length negotiation. (Id.)
2. Strength of Plaintiff's Case and the Risk, Expense, Complexity, and Likely Duration of Further Litigation
Plaintiff states the primary strength of the case is the time record sampling showing a violation rate of 56.52 percent for the Class Members. (Matern Decl. ¶ 10.) Plaintiff argues that the Settlement Agreement provides Class Members with "the benefit of removing the risks, delay and uncertainties of litigation." (Matern Decl. ¶ 26.)
Plaintiff, although confident in her position, notes several risks and weaknesses in her case. Plaintiff contends that Defendants have contested liability and class certification vigorously in this case. (Matern Supplemental Decl. ¶ 4; Settlement Stip. ¶¶ 3.3-3.4.) Moreover, Plaintiff argues that proof of rest period and meal break violations is particularly difficult because it requires production of significant facts. (Matern Supplemental Decl. ¶¶ 25-26.) Plaintiff also points to risks inherent in litigation, acknowledging the challenges of obtaining class certification and of proving liability and damages, as well as the possibility that Defendant will raise meritorious defenses to Plaintiff's claims. (Stipulation ¶ 3.4.) Settling the case, Plaintiff reasons, would "avoid many more documents being requested, reviewed and analyzed with more expense in having [Plaintiff's] expert analyze the documents[,]... obtain[ing] the contact information of the absent class members, contact[ing] them and obtain[ing] numerous declarations[,]... [and] send[ing] out questionnaires to absent members at great expense." (Matern Supplemental Decl. ¶ 11.) For the foregoing reasons, the Court finds this factor weighs in favor of preliminary approval.
3. The Amount Offered in Settlement
The amount offered in settlement is $750,000. (Mot. at 1, 5-8; Stipulation § 1.19.) In exchange for the settlement, Plaintiff and the putative class agree to release all of their claims against Defendant. (Stipulation §§ 1.27, 1.28.) The amount offered in settlement supports preliminary approval. Considering the present value of the settlement amount, the probability of lengthy litigation in the absence of a settlement, the risk that Plaintiff and the Class Members would not have been able to succeed at trial, and the risk that a jury could award damages less than $750,000, the settlement amount is within the range of reasonableness. Accordingly, the Court finds this factor weighs in favor of preliminary approval.
4. The Extent of Discovery Completed, and the Stage of the Proceedings
This factor requires the Court to evaluate whether "the parties have sufficient information to make an informed decision about settlement." Linney v. Cellular Alaska P'ship, 151 F.3d 1234, 1239 (9th Cir. 1998).
Here, Plaintiff demonstrates that class counsel conducted the following discovery: (1) deposing Plaintiff; (2) deposing Todd Troyer, Defendant's then Director of Human Resources; (3) reviewing documents produced by Defendant; (4) reviewing and analyzing Defendant's representative sample timekeeping and payroll data; and (5) consulting with experts regarding Defendant's data. (See Matern Decl. ¶¶ 16-21.) Accordingly, the Court finds that the parties possessed sufficient information to make an informed decision about the settlement.
No trial date has yet been set in this case, and it appears the action has reached a settlement at an early phase of the litigation. In other words, this is not a case where dozens of depositions have been taken and thousands of pages of documents reviewed before the parties reached a settlement. The parties have not litigated the issue of class certification, nor have they filed any Motions with the Court, save the present one.
Thus, this factor weighs in favor of finding the Settlement Agreement reasonable. Plaintiff has demonstrated that the parties have spent sufficient time on the action to allow an informed decision about settlement, but not so much time as to deplete the common fund. Accordingly, this factor supports preliminarily approving the settlement.
5. Experience and Views of Counsel
Plaintiff submits a detailed declaration by her counsel demonstrating his extensive experience litigating wage and hour class actions. (See Matern Decl. ¶¶ 4-15, 32.) In the declaration, Plaintiff's counsel states his opinion that the Settlement is reasonable and fair. (Id. at ¶ 32.) This factor weighs in favor of the reasonableness of the Settlement Agreement.
6. Reaction of Class Members to the Proposed Settlement
Plaintiff provides no evidence regarding Class Members' reactions to the proposed settlement. Plaintiff submits a supplemental declaration from her counsel stating that counsel has not received Class Members' contact information and thus cannot determine Class Members' reactions to the Settlement at this time. (See Matern Supplemental Decl. ¶ 12.) While the Motion does not mention this factor, the situation described by Plaintiff is not unusual. Thus, this factor neither weighs in favor of nor against reasonableness.
7. Attorneys' Fees and Incentive Payment for Named Plaintiff
The Motion and Stipulation indicate Plaintiff will seek allocation of settlement funds for attorneys' fees and for an incentive payment. For a settlement to be fair and adequate, "a district court must carefully assess the reasonableness of a fee amount spelled out in a class action settlement agreement." Staton, 327 F.3d at 963.
a) Attorneys' Fees
At this preliminary stage, the plan for distributing the settlement appears sufficiently fair for conditional approval. The attorneys' fees distribution, however, does not pass muster yet. This will not prevent the Court from preliminarily approving the settlement, but Plaintiff must make a further showing for final approval.
Plaintiff asserted a claim under California law, and California law governs the award of attorneys' fees. Vizcaino v. Microsoft Corp., 290 F.3d 1043, 1047 (9th Cir. 2002). California recognizes the common fund doctrine for the award of attorneys' fees to prevailing plaintiffs whose efforts result in creation of a fund benefitting others. Serrano v. Priest, 20 Cal. 3d 25, 35 (1977). Under both California and Ninth Circuit precedent, a court may exercise discretion to award attorneys' fees from a common fund by applying either the lodestar method*fn3 or the percentage-of-the-fund method.*fn4 Wershba v. Apple Computer, Inc., 91 Cal. App. 4th 224, 253 (2001); Fischel v. Equitable Life Assurance Soc'y of U.S., 307 F.3d 997, 1006 (9th Cir. 2002), citing Vizcaino, 290 F.3d at 1047. "Irrespective of the chosen method, 'the district court should be guided by the fundamental principle that fee awards out of common funds be 'reasonable under the circumstances.'" Alberto v. GMRI. Inc., 252 F.R.D. 652, 667 (E.D. Cal. 2008), citing In re Wash. Pub. Power Supply Sys. Sec. Litig., 19 F.3d 1291, 1295 (9th Cir. 1990).
Plaintiff seeks to employ the latter procedure, whereby Plaintiff's counsel would recover 30% of the up to $750,000 settlement fund ($225,000) for attorneys' fees, plus costs, the total of which will not exceed 35% of the total settlement fund, or $262,500, for attorneys' fees and costs. (Stipulation § 7.1.) Plaintiff argues this amount is reasonable because it is "consistent with the Ninth Circuit's standard." (Mot. at 8.)
The Court, however, disagrees with Plaintiff's assertion that 30% is reasonable. The Ninth Circuit's benchmark is 25%, not 30%. See Hanlon, 150 F.3d at 1029 ("This circuit has established 25% of the common fund as a benchmark award for attorney fees."); Paul, Johnson, Alston & Hunt v. Graulty, 866 F.2d 268, 272 (9th Cir. 1989) (the 25% benchmark can be adjusted upward or downward "to account for any unusual circumstances[,]" but the justification for adjustment must be clear). Plaintiff has not presented unusual circumstances that justify a departure from the Ninth Circuit benchmark. Thus, the attorneys' fees request appears unreasonable.
As the other terms of the proposed settlement appears reasonable, however, the attorneys' fees will not prevent preliminary approval. See Acosta v. Trans Union, 243 F.R.D. 377, 386 (C.D. Cal. 2007) ("To determine whether preliminary approval is appropriate, the settlement need only be potentially fair, as the Court will make a final determination of its adequacy at the hearing on Final Approval, after such time as any party has had a chance to object and/or opt out."). If Plaintiff's counsel seeks more than 25%, counsel must advise what unusual circumstance justify adjusting the benchmark upward in this case, as there is currently no such justification on the record.
b) Incentive Payment for Plaintiff
The Motion indicates Plaintiff will seek up to $15,000 as an incentive award, in addition to any recovery to which she may be entitled under the Settlement Agreement. (See Mot. at 7-8; Stipulation § 6.3.) The criteria courts may consider in determining whether to make an incentive award include:
1) the risk to the class representative in commencing suit, both financial and otherwise; 2) the notoriety and personal difficulties encountered by the class representative; 3) the amount of time and effort spent by the class representative; 4) the duration of the litigation and; 5) the personal benefit (or lack thereof) enjoyed by the class representative as a result of the litigation.
Van Vranken v. Atlantic Richfield Co., 901 F. Supp. 294, 299 (N.D. Cal. 1995).
Plaintiff bases her proposed incentive award on the following: (1) the amount of time and effort she expended during the course of the litigation, including being deposed, reviewing documents, and having regular discussions with counsel; (2) the risks she incurred during the course of litigation (e.g., being liable for opposing parties' fees and costs); (3) providing a full general release that is "much broader" than the general "Released Claims" in the Settlement; (4) risking potential stigma of being a Class Representative in a class action labor dispute, which could affect her future employability; and (5) the value of the individual claim she is settling, which her counsel values at more than $15,000. (See Mot. at 7-8; Settlement Stip. § 3.5; Matern Supplemental Decl. ¶ 13.)
Plaintiff submits declarations detailing the amount of time she has spent on this case, including: (1) attending mediation (16 total hours, including 12 hours at the mediation and 4 hours traveling to the mediation); participating in her deposition (15.5 hours total, including 5 hours preparing for the deposition, 6.5 hours at the deposition, and 4 hours traveling to the deposition); (3) meeting with counsel's investigators (2 hours); and (4) regularly communicating with counsel. (Sandoval Decl. ¶¶ 3-4, 12; Matern Decl. ¶¶ 5-6.) The total number of hours Plaintiff accounts for is 33.5 hours. Plaintiff also alleges she bore individual risks in her capacity as class representative, including: (1) subjecting herself to liability for Defendant's costs and attorney's fees (Matern Decl. ¶ 4), and (2) "by filing this lawsuit against [Defendant]... [Plaintiff] may need to disclose this fact to potential future employers and it will be a public record[, which] may adversely effect (sic) [Plaintiff's] ability to be hired." (Sandoval Decl. ¶ 11.)
An award of $15,000 is unreasonable, considering the limited time Plaintiff expended and the awards other Class Members will receive. The Court determines that $7,500 is an appropriate incentive award for Plaintiff. See, e.g., In re Mego Fin. Corp. Sec. Litig., 213 F.3d 454, 463 (9th Cir. 2000) (approving incentive award of $5,000 to two plaintiff representatives of 5,400 potential class members in $1.75 million settlement, but constituting only 0.56% of the settlement); In re SmithKline Beckman Corp., 751 F. Supp. 525, 535 (E.D. Pa. 1990) (approving incentive payments of $5,000 for one named representative of each of nine plaintiff classes involving more than 22,000 claimants and a settlement of $22 million, constituting 0.18% of the settlement amount); Alberto v. GMRI, Inc.,252 F.R.D. 652 667-670 (E.D. Cal. 2008) (requiring parties to present evidence showing the named plaintiff's substantial efforts taken as class representative to justify the discrepancy between her $5,000 award, constituting 0.71% of the settlement, and the $24.17 that each class member was expected to receive).
Here, Plaintiff has not stated how much the parties anticipate class members will receive. However, an award of $7,500 would constitute 1.00% of the gross settlement, or 1.83% of the net settlement. This payment represents a higher percentage than the cited cases, and Plaintiff has not argued persuasively that an even higher incentive award is justified. Thus, a payment of $15,000 is excessive under the circumstances of this case, and the Court determines an incentive award of $7,500 is fair and reasonable.
8. Release of Claims
The factors above favor approval of the settlement. The Stipulation proposes to release Defendants from: any and all known and unknown claims, causes of action, debts, liabilities, demands, obligations, guarantees or damages, in law or equity, tort or in contract, by statute, pursuant to case law or otherwise which have been or could have been alleged in the Lawsuit or in any other state or federal court, administrative tribunal, or in arbitration or similar proceedings, based upon, arising from, or related to the claims or causes of action asserted in the Lawsuit including but not limited to violations of California Labor Code Sections 203, 204.3, 221, 226.7, 512, 1174, 1198, and 2802 and applicable Industrial Welfare Commission Wage Orders, based upon Theraldson's alleged: Nonpayment of compensation for meal and rest period violations; nonpayment of wages, including claims for overtime wages and "off-the-clock" work; failure to indemnify employees for expenditures incurred in the discharge of their duties; failure to pay all wages due at termination; inaccurate wage statements; unfair or unlawful business practices (including under Business & Professions Code Sections 17200 et seq.); and any related premiums, penalties, interest, punitive damages, costs, attorneys' fees, injunctive relief, declaratory relief, or accounting. (Settlement Stip. § 127) (emphasis added).)
The settlement compensates Class Members for Defendants' alleged failure "to provide lawful duty free rest periods and meal periods, or pay compensation in lieu thereof; failing to indemnify employees for expenses incurred in the discharge of their duties; failing to pay wages (including overtime and for off-the-clock work); failing to pay all wages due at termination; and failing to comply with itemized employee wage statement provisions. [Plaintiff] further alleges that [Defendants's] conduct violated California's Unfair Competition Law set forth in California Business & Professions Code Section 1700, et seq." (Proposed Settlement at 2.)
The settlement, therefore, is fair and reasonable because it includes only those claims "based upon, arising from, or related to the claims or causes of action asserted in the Lawsuit." In other words, it does not prevent Class Members from pursuing claims unrelated to the settlement.
Based on the balance of the foregoing factors, the Court finds Plaintiff has met her burden of demonstrating the fairness, reasonableness, and adequacy of the Settlement Agreement. However, Plaintiff must amend the attorneys' fees and class representative incentive award before final approval.
C. Notice Procedure
Under Rule 23(e), the Court must "direct notice in a reasonable manner to all class members who would be bound" by the proposed settlement. Fed. R. Civ. P. 23(c)(2)(B). Plaintiff must provide notice to potential opt-in class members that is "timely, accurate, and informative." See Hoffmann-La Rouche Inc. v. Sperling, 493 U.S. 165, 172 (1989). Likewise, claims forms must be informative and accurate. Id. at 172; Churchhill Village, L.L.C. v. General Electric, 361 F.3d 566, 575 (9th Cir. 2004) (notice is satisfactory if it "generally describes the terms of the settlement in sufficient detail to alter those with adverse viewpoints to investigate and to come forward and be heard."). The proposed form and manner of class notice have been agreed upon by all counsel and are adequate.
1. Administration Procedures
The parties have agreed to retain Rust Consulting, Inc. as the settlement administrator ("Settlement Administrator") over the claim proceedings. (Settlement Stip. § 1.2; Mot. at 16.) The Claims Administration costs may not exceed $35,000. (Id.) The parties propose that twenty-one (21) days after the entry of an order granting this Motion, Defendant will provide the Settlement Administrator a database containing the necessary information for producing claim forms and mailing class notice. (Mot. at 16; Settlement Stip. § 9.1.) No later than thirty-five (35) days after this Motion is granted, the Settlement Administrator will send by first class mail the class notice and claim forms with a pre-paid, self-addressed return envelope to the last known address of each Class Member or the updated address from the National Change of Address database. (Id.)
2. Claims Procedure
Class members shall have forty-five (45) days after the notice is mailed to consider the proposed Settlement and object to the Settlement or request not to participate in the Settlement. (Settlement Stip. § 9.3.1.) Defendant's employees during the period of August 1, 2008 through the date the Court approves the settlement shall be deemed to have submitted claim forms. (Id.) The date of mailing of the Claim Form is deemed to be the date the form is deposited in the U.S. Mail, postage prepaid, as evidenced by the post-mark. (Id.) Class Members who do not properly or timely submit the Claim Form shall not become a Participating Claimant, and shall not be entitled to any settlement payment. (Id.)
Within five (5) business days after the expiration of the Notice Period the Claims Administrator shall notify class counsel of (i) the number of Class Members who have opted out of the Class, and (ii) the number of Class Members who have submitted Qualifying Claim Forms. (Settlement Stip. § 9.3.4.) Within ten (10) business days after the expiration of the Notice period, the Claims Administrator shall provide a list of Participating Claimants to Defendant. (Id.) Within thirty-five (35) days after the expiration of the Notice Period, the Claims Administrator shall provide an update listing of claims data and an update list of Participating Claimants reflecting Class Members who receive a re-mailed Notice. (Id.)
In the event that ten percent (10%) or more of all Class Members timely request exclusion (opt-out) from the Settlement Class by submitting a request for exclusion, or the Court fails to approve a material term of this Settlement, Defendant shall have the right to revoke and terminate the agreement. (Settlement Stip. § 9.3.5.)
If a notice is returned by the U.S. Postal Service to the Claims Administrator with a forwarding address for the recipient, the Claims administrator shall re-mail the notice to that address no later than the last day of the Notice Period. (Settlement Stip. § 9.3.4.) If a notice is returned by the U.S. Postal Service without a forwarding address, the Claims Administrator shall perform a Social Security number search in an effort to determine the current address of the Class Member, and will resend the Notice no later than the last day of the Notice Period. (Id.) If no updated address is determined, the Claims Administrator will resend the Notice to the Last Known Address no later than the last day of the Notice Period. (Id.) For Class Members who are re-sent the Notice, the Notice Period shall be extend by twenty-five (25) days beyond the initial Notice Period. (Id.) They will be sent a modified claim notifying them of the time in which they have to file a claim. (Id.)
3. Notice of Settlement
The notice will inform Class members of: "(1) the nature of this action, the Settlement Class, Class Counsel, and the essential terms of the Settlement; (2) the allocation of the Settlement fund, including the method by which each Class Member's settlement share will be calculated, the requests for the Class Representative Payments and the Class Counsel Attorneys' Fees and Costs Payment, and the Settlement Administration costs that will be deducted from the Settlement fund; (3) how to participate in the Settlement; (4) how to comment on, opt-out of, or object to the Settlement; (5) this Court's procedures for final approval of the settlement; and (6) how to obtain additional information regarding this action and the Settlement." (Mot. at 16.)
4. Scheduling Order
The Court sets hearing date for final approval hearing and related dates as set forth below.
Deadline for Defendant to provide Class databaseWithin 21 days after Preliminary ApprovalDecember 8, 2009
Deadline to mail Class Notice to Class MembersWithin 35 days after Preliminary ApprovalDecember 22, 2009
Deadline for submission of opt-out requestsMust be postmarked within 45 days after Class NotificationFebruary 6, 2010
Deadline for comments or objectionsMust be postmarked within 45 days after Class NotificationFebruary 6, 2010
Deadline for submission for claim formsMust be postmarked within 45 days after Class NotificationFebruary 6, 2010
Deadline to file Motion for Final Approval24 days prior to Final Approval HearingMarch 12, 2010
Deadline to file rely brief responding to objections1 week prior to hearingMarch 29, 2010
Final Approval Hearing April 5, 2010
For the foregoing reasons, the Court:
(1) conditionally certifies the proposed settlement class;
(2) grants preliminary approval of the parties' Settlement;
(3) directs dissemination of the class notice and claim form to the class; and
(4) sets hearing date for final approval hearing and related dates as set forth above.
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June 22, 1957
COMMONWEALTHv.BLUMENSTEIN, APPELLANT.
Appeal, No. 1, Feb. T., 1958, from judgment of Court of Quarter Sessions of Lackawanna County, Dec. T., 1956, No. 8, in case of Commonwealth of Pennsylvania v. Martin Blumenstein. Judgment affirmed.
Max Rosenn, with him William P. Farrell, James B. Gitlitz, and Rosenn, Jenkins & Greenwald, for appellant.
Ralph P. Needle, Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.
Blank, Rudenko & Klaus, submitted a brief, under Rule 46, for American Civil Liberties Union.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 184 Pa. Super. Page 84]
Martin Blumenstein was indicted by the grand jury in Lackawanna County on a charge of violating Section 528 of The Penal Code,*fn1 which reads as follows: "Whoever gives or participates in, or being the owner of any premises, or having control thereof, permits within or on said premises, any dramatic, theatrical, operatic, or vaudeville exhibition, or the exhibition of fixed or moving pictures, of a lascivious, sacrilegious,
[ 184 Pa. Super. Page 85]
obscene, indecent, or immoral nature and character, or such as might tend to corrupt morals, is guilty of a misdemeanor ..." After a trial before Judge EAGEN without a jury, Blumenstein was adjudged guilty and sentence was imposed. This appeal followed.
The record discloses that Blumenstein was the manager of the Ideal Drive-In Theatre in Greenfield Township, Lackawanna County. On October 12, 1956, pursuant to instructions from the district attorney, three state policemen attended the theatre. After viewing the showing of a film entitled "Uncover Girls", they closed the theatre, confiscated the film, and arrested Blumenstein. The uncut version actually exhibited had previously been refused approval by the Pennsylvania State Board of Censors.*fn2 Two reels of the confiscated film were exhibited in court. The trial judge found that they "depicted a series of dancing acts, which were definitely cheap, lewd, obscene and indecent".
Appellant's principal contention is that Section 528 of The Penal Code is unconstitutional. In support of this contention a brief was also filed by the American Civil Liberties Union under our Rule 46. Before considering this proposition, we will dispose of appellant's subordinate contention, which is: "The motion picture does not constitute an exhibition in violation of Section 528 of The Penal Code of 1939".
Appellant argues that "there is nothing in this film that justifies the lower court's conclusions that the
[ 184 Pa. Super. Page 86]
dancing acts would corrupt morals". Where a defendant in a criminal prosecution agrees to be tried by a judge without a jury, the findings of the trial judge which are supported by the evidence, are as binding upon the appellate court as the verdict of a jury: Commonwealth v. Lick, 146 Pa. Superior Ct. 435, 22 A.2d 616. The only case cited by appellant in support of his position is Commonwealth v. Gordon, 66 D. & C. 101, affirmed as Commonwealth v. Feigenbaum, 166 Pa. Superior Ct. 120, 70 A.2d 389, which involved literature allegedly obscene. In that case we expressly stated that we were "bound by the factual inferences made by the trial judge, all of which were drawn in favor of the defendants". In the case at bar the factual inferences were drawn by the trial judge in favor of the Commonwealth. Having viewed the films, we have concluded that his findings are supported by the evidence.
Coming now to appellant's principal contention, it is first argued: "A. The statute is so vague and indefinite that it denies the defendant procedural due process". Briefly, stated, appellant's position is that the act contains no definition of the conduct proscribed, no ascertainable standard of guilt. Reliance is placed upon Winters v. New York, 333 U.S. 507, 68 S.Ct. 665; Lanzetta v. New Jersey, 306 U.S. 451, 59 S.Ct. 618; Connolly v. General Construction Co., 269 U.S. 385 46 S.Ct. 126, and United States v. Cardiff, 344 U.S. 174, 73 S.Ct. 189. We do not consider those cases controlling in the present situation. The words used in the statute here under consideration have well-settled connotations which can be applied by the exercise of ordinary common sense and reason. See Commonwealth v. New, 142 Pa. Superior Ct. 358, 16 A.2d 437; Commonwealth v. Paul, 177 Pa. Superior Ct. 289, 111 A.2d 374. Obscenity and indecency have always been considered
[ 184 Pa. Super. Page 87]
offenses against the public, whether covered by statute or not. See Commonwealth v. Sharpless, 2 S. & R. 91; Commonwealth v. DeGrange, 97 Pa. Superior Ct. 181. "Obscene" means calculated to deprave morals or lead to impure purposes, a lowering of that standard which we regard as essential to civilization: Dunlop v. United States, 165 U.S. 486, 17 S.Ct. 375. "Indecent" means violative of common propriety, grossly vulgar, offensive to modesty: United States v. Davidson, 244 F. 523. "Lascivious" and "lewd" are synonymous terms and mean calculated to excite lustful and sensual desires in those whose minds are open to such influences: United States v. Clarke, 38 F. 732. In the well-chosen language of Judge ERVIN in Commonwealth v. Randall, 183 Pa. Superior Ct. 603, 133 A.2d 276: "Our Federal and State Constitutions assume that the moral code which is part of God's order in this world, exists as the substance of society. The people of this State have acted through their legislature on that assumption. We have not so cast ourselves adrift from that code nor are we so far gone in cynicism that the word 'immoral' has no meaning for us. Our duty, as a court, is to uphold and enforce the laws, not seek reasons for destroying them".
Appellant argues secondly: "B. The language of the statute is so broad that its sanctions apply to conduct within the protection of the First and Fourteenth Amendments to the Federal Constitution and the First Article of the Pennsylvania Constitution". His position is that these constitutional provisions guarantee "liberty of expression by means of motion pictures". Our answer is that there must be some restriction upon the type of motion picture films which may be lawfully exhibited.*fn3 The police power is the greatest and most
[ 184 Pa. Super. Page 88]
powerful attribute of government, and if its exercise conflicts with a constitutional right, the police power must prevail: Commonwealth v. Widovich, 295 Pa. 311, 145 A. 295.
Appellant relies upon a number of cases dealing with pre-censorship of motion pictures, particularly Burstyn v. Wilson, 343 U.S. 495, 72 S.Ct. 777. In that case the Supreme Court said: "Since the term 'sacrilegious' is the sole standard under attack here, it is not necessary for us to decide, for example, whether a state may censor motion pictures under a clearly drawn statute designed and applied to prevent the showing of obscene films. That is a very different question from the one now before us". Appellant also relies upon Hallmark Productions v. Carroll, 384 Pa. 348, 121 A.2d 584, wherein the motion picture censorship act, which provided for disapproval of such films "as are sacrilegious, obscene, indecent, or immoral", was held to be unconstitutional. However, the opinion of Mr. Chief Justice STERN in that case concludes with the following significant language (italics supplied): "It need hardly be added that even if all pre-censorship of motion picture films were to be held invalid this would not in and of itself affect the right to suppress objectionable films if exhibited, or to punish their exhibitor". Similarly, in Chaplinsky v. New Hampshire, 315 U.S. 586, 62 S.Ct. 766, Mr. Justice MURPHY said: "Allowing the broadest scope to the language and purpose of the Fourteenth Amendment, it is well understood that the right of free speech is not absolute at all times and under all circumstances. There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words ...".
[ 184 Pa. Super. Page 89]
Appellant submits that it is of no consequence that decisions concerning censorship statutes have to do with prior restraints rather than criminal sanctions, citing Butler v. Michigan, 352 U.S. 380, 77 S.Ct. 524, In that case the statute under attack made it a misdemeanor, inter alia, to distribute any publication containing obscene, immoral, lewd, or lascivious language tending to corrupt the morals of youth. The Supreme Court held that the statute was "not reasonably restricted to the evil with which it is said to deal. The incidence of this enactment is to reduce the adult population of Michigan to reading only what is fit for children". But the section of our Penal Code here under consideration is not designed (paraphrasing the words of Mr. Justice FRANKFURTER) to guarantee the general public against films not too rugged for grown men and women in order to shield juvenile innocence. Our statute is intended to prohibit obscene films generally. In view of the finding, supported by the evidence, that the film exhibited by appellant was lewd, obscene, and indecent, the constitutional argument has no merit: Commonwealth v. Donaducy, 167 Pa. Superior Ct. 611, 76 A.2d 440.
Judgment affirmed, and it is ordered that appellant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with his sentence or any part thereof which had not been performed at the time the order of supersedeas was entered.
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Pioneers of Contemporary Glass
Harvey Littleton is the guy who took glassmaking out of the factory and brought it into the studio hes considered the founder of the studio glass movement. And his work is one of the highlights of Pioneers of Contemporary Glass: Highlights from the Barbara and Dennis DuBois Collection at the Museum of Fine Arts, Houston. Littleton started out studying physics before he switched to art, but his early fascination with the subject manifests itself in the rings, arcs and bands of color in his glasswork.
Dale Chihuly, one of the most well-known and well-marketed names in art glass, also has work in the show. One of the early champions of studio glass, Chihuly interestingly uses legions of workers to crank out glass at an astounding rate, pretty much transforming his studio into a factory. Less widely known but stunning work in the show ranges from the delicate and complex glass boxes of Japanese artist Fujita Kyohei to dynamic geometric cast glass by the Czech husband-and-wife duo Stanislav Libensk and Jaroslava Brychtová.
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Tuesdays-Sundays. Starts: March 7. Continues through July 26, 2009
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Volaris signed (12-Jan-2012) a purchase agreement for 44 A320 aircraft, comprised of 30 A320neo and 14 A320 aircraft. Volaris will announce the engine selections for the aircraft at a later date. The order is the largest single commercial aircraft order made by a carrier in Mexico. [more - original PR]
Volaris signs purchase agreement for 44 A320 aircraft; largest order in Mexican history
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Courvoisier VSOP has been specially blended so that it retains its depth and flavor even when mixed or served on the rocks. The blend is very smooth with an excellent balance of oak and floral flavors as well as a nice, spicy flavor with undertones of vanilla and gingerbread. It has a long aftertaste that is fruity and delicate.
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