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decided: December 15, 1976.
COMMONWEALTH OF PENNSYLVANIAv.BRUCE WEINSTEIN, APPELLANT
No. 127 April Term, 1976 Appeal from Order of Court of Common Pleas, Criminal Division, County of Indiana, at No. 449, 1975.
Rex Downie, Jr., Beaver Falls, for appellant.
W. Thomas Malcolm, Indiana, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., concurs in the result. Hoffman, J., files a dissenting opinion.
[ 244 Pa. Super. Page 96]
Appellant having been found guilty of violating Section 1002(b)(4) of The Vehicle Code,*fn1 i. e., speeding, appeals to this court raising several issues. We need only consider one of appellant's issues since he failed to raise the others in his post-verdict motions. Commonwealth v. Coleman, 458 Pa. 324, 327 A.2d 77 (1974).
Appellant argues that his conviction under Section 1002(b)(4) was improper because warning signs were not posted. This argument is based on the portion of Section 1002(b)(4) which states:
"An official sign shall be similarly placed one-eighth (1/8) of a mile before the beginning of the limited speed zone indicating the maximum speed to be observed in such limited speed zone."
Appellant's argument, however, is defeated by his own evidence. At the direction of his attorney appellant took photographs of all speed signs on the road in question. These photographs, which were admitted into evidence at appellant's request, show that appellant had passed four signs, each of which stated the speed limit was 35 miles per hour, before he was apprehended. Nevertheless appellant argues that the required warning signs were not posted. In order for appellant's argument to be successful we would have to find that the four speed limit signs which appellant's photographs clearly indicate were present were not warning signs within the meaning of Section 1002(b)(4). Such a finding would be unrealistic and unsupported by the evidence.
Neither can appellant's position be sustained on the basis of Commonwealth v. Agulnick, 240 Pa. Super. 603, 360 A.2d 724, (1976), as in that case the appellant argued that the temporary warning signs indicating that men were working on the highway were not official.
[ 244 Pa. Super. Page 97]
This court held that because the Commonwealth failed to establish that the warning signs were official appellant should be discharged. In the instant case appellant made no such argument. Appellant does not question whether the 35-mile per hour signs were official, instead he argues that the 35-mile per hour signs were not "warning signs" as are required by Section 1002(b)(4). To raise, sua sponte, the question of whether the 35-mile per hour signs were official signs would clearly be improper. Weigand v. Weigand, 461 Pa. 482, 337 A.2d 256 (1975).
Furthermore, even if we were to assume appellant did raise the Agulnick argument, such argument would be patently frivolous in light of the photographs which were introduced into evidence. There could be no better proof that the signs in question were official than the pictures of those signs contained in this record.
Judgment affirmed.
HOFFMAN, Judge (dissenting):
Appellant contends that his conviction for speeding*fn1 must be reversed because the Commonwealth did not meet its burden of proving that official warning signs were posted one-eighth of a mile before the beginning of the limited speed zone as required by § 1002(b)(4) of the Motor Vehicle Code.
Appellant testified that no warning sign was posted at the beginning of the limited speed zone. The state police officer who testified at appellant's trial stated that he believed that the signs were properly posted but that he could not be sure because he had not checked.
[ 244 Pa. Super. Page 98]
This Court has held that the Commonwealth bears the burden of proving that the required signs are properly posted. Commonwealth v. Agulnick, 240 Pa. Super. 603, 360 A.2d 724 (1976). Section 1002(b)(4) requires that an official warning sign be placed one-eighth of a mile before the beginning of a limited speed zone indicating the maximum speed to be observed in such limited zones.
Because the Commonwealth's evidence fails to establish that there has been compliance with § 1002(b)(4), I would reverse appellant's conviction for speeding. Commonwealth v. Agulnick, supra.
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September 29, 2010
GARRETT MORGAN CRANE, PETITIONER,v.DOMINGO URIBE, JR., WARDEN, ET AL., RESPONDENT.
Petitioner is a state prisoner proceeding without counsel and in forma pauperis in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. The case is fully briefed and submitted for decision by this court. However, on September 23, 2010, petitioner moved to stay this action while he exhausts a new and related claim in state court.
Petitioner's currently-briefed claims include his assertion that the prosecutor, John Quinn, relied on the perjured testimony of the State's lead witness, Kristopher Day, despite Quinn's knowledge or reasonable basis for knowing that the testimony was false, and that such testimony was material to plaintiff's 2005 conviction. (Petition, Ground Two (Dkt. No. 1, at 4, 18-39).) Petitioner now states that on August 26, 2010, Kristopher Day was sentenced by the Siskiyou County Superior Court to two years on a criminal conviction "that he and the prosecutor testified that Day was going to do five years in prison on." (Dkt. No. 33, at 2.) Petitioner states that "Day . . . testified that he had not gotten a deal on his criminal case in exchange for testifying against petitioner." (Id.) Petitioner seeks to exhaust this "additional, newly discovered, ground and facts in the State Court." (Id. at 1.) Petitioner's motion rests on the principle that "a conviction obtained by the knowing use of perjured testimony is fundamentally unfair, and must be set aside if there is any reasonable likelihood that the false testimony could have effected the judgment of the jury." United States v. Agurs, 427 U.S. 97, 103 (1976) (fns. omitted).
Under Rhines v. Weber, 544 U.S. 269 (2005), a district court has discretion to grant a stay and abeyance of a mixed petition if: (1) "the petitioner had good cause for his failure to exhaust," (2) "his unexhausted claims are potentially meritorious," and (3) "there is no indication that the petitioner engaged in intentionally dilatory litigation tactics." Rhines, 544 U.S. at 278. The Supreme Court made clear, however, that because staying a federal habeas petition frustrates AEDPA's objective of encouraging finality by allowing a petitioner to delay the resolution of federal proceedings and undermines AEDPA's goal of streamlining federal habeas proceedings by decreasing a petitioner's incentive to first exhaust all his claims in state court, "stay and abeyance should be available only in limited circumstances." Rhines, 544 U.S. at 277. Even if a petitioner shows good cause, the district court should not grant a stay if the unexhausted claims are plainly meritless. Id. Finally, federal proceedings may not be stayed indefinitely, and reasonable time limits must be imposed on a petitioner's return to state court to exhaust additional claims. Id. at 277-78.
The court will seek additional briefing on this matter before assessing petitioner's motion. Accordingly, IT IS HEREBY ORDERED that:
1. Respondent shall, within fourteen days of the filing date of this order, file an opposition or statement of non-opposition to petitioner's motion; and
2. Petitioner may file a reply within fourteen days of service of respondent's briefing.
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Translation of "historian" - English-Turkish dictionary
(Translation of "historian" from the Cambridge Learner's Dictionary English-Turkish © Cambridge University Press)
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a period of time during which an animal or person that might have a disease is kept away from other people or animals so that the disease cannot spread


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United States District Court, N.D. California
October 6, 2005.
LETITIA BRENG ROSE a/k/a Tish Rose, Petitioner,
J MICHAEL HOGAN, SR, Deputy County Counsel Monterey County, Public Guardian and THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Respondent.
On October 1, 2004, a petition filed by Gail Sutton, the adult
daughter of the petitioner named on the caption, Letitia Breng
Rose, was filed with this court after transfer from two other
federal district courts. The stated purpose of the petition was
"to have [Ms Sutton's mother released from the custody of the
State of California and to go to the State of New York so that
she can be with her family." Doc # 1, Petition at 2. See order
filed October 29, 2004 (Doc # 3). This court dismissed the
petition without prejudice for failure to exhaust state remedies.
Id. The court did not reach two issues presented by the petition:
(1) whether federal habeas relief was available for an individual committed
to a nursing home by a public guardian; and (2) whether Ms Sutton
could file on behalf of Mrs Rose as a "next friend" pursuant to
On July 20, 2005, Ms Sutton, appearing in propria persona,
filed an "emergency request for leave to move for
reconsideration" of the order dismissing the petition. Doc # 4.
Ms Sutton describes further procedural steps taken following the
October 29, 2004 dismissal of the petition and attaches documents
and photographs concerning Mrs Rose's situation. Id. She also
states more clearly that the objective of the petition is to
obtain the release of Mrs Rose from a private nursing home, the
Victorian at Carmel-by-the-Sea, to which she had allegedly been
committed by the public guardian for the County of Monterey under
the authority of a court-ordered conservatorship. Id. For these
reasons, Ms Sutton's filing is more properly styled as an amended
petition for habeas corpus. Because Ms Sutton is in propria
persona and the court must construe her papers liberally, the
court construes the motion for leave to file motion for
reconsideration as, instead, an amended petition for habeas
corpus under 28 USC § 2254. For the reasons stated herein, the
amended petition is DISMISSED, without leave to amend.
As stated in the court's October 29 order, prisoners in state
custody who wish to challenge collaterally in federal habeas
proceedings either the fact or length of their confinement are
first required to exhaust state judicial remedies, either on
direct appeal or through collateral proceedings, by presenting the
highest state court available with a fair opportunity to rule on
the merits of each and every claim they seek to raise in federal
court. See 28 USC § 2254(b), (c); Rose v. Lundy, 455 US 509,
515-16 (1982); Duckworth v. Serrano, 454 US 1, 3 (1981);
McNeeley v. Arave, 842 F2d 230, 231 (9th Cir 1988). The state's
highest court must be given an opportunity to rule on the claims
even if review is discretionary. See O'Sullivan v. Boerckel,
526 US 838, 845 (1999) (petitioner must invoke "one complete
round of the State's established appellate review process").
Because the original petition openly acknowledged the failure
to exhaust state remedies ("Gail Sutton did not appeal to any
higher State Court in the State of California because she did not
have the resources to pursue same," Doc # 1, ¶ 24), the court
dismissed the petition. The court has examined Ms Sutton's new
filing and determined, for the reasons stated below, that state
remedies have still not been exhausted.
In her papers, Ms Sutton recites the steps she and her husband
John Sutton took in the California courts after the dismissal of
the original petition by this court, Doc # 3 at 2: they
petitioned twice to terminate the conservatorship; they filed a
writ of mandate in the Court of Appeal of the State of
California, Sixth Appellate District, "dismissed and Suttons'
request to file in forma pauperis denied"; and they filed a
petition for a writ of habeas corpus in the California Supreme
Court, which was rejected for filing by the clerk of that court.
Doc # 4 at 2-3. Ms Sutton does not submit with her petition either of the
orders of the superior court to which she refers. As Exhibit C to
the petition, Ms Sutton attaches a copy of an order of the Court
of Appeal dated May 12, 2005 which states: "The petitioners
having failed to submit the required filing fee, the petition for
writ of mandate filed April 18, 2005 is hereby stricken." The
order makes no reference to an in forma pauperis application, nor
is any order relating to such an application attached to the
petition. As Exhibit D to the petition, Ms Sutton includes a
letter dated May 26, 2005 from the clerk of the California
Supreme Court stating: "Returned unfiled is the petition for writ
of habeas corpus you attempted to file on behalf of Letitia Rose.
California law does not allow you to file on behalf of another
party unless you are an attorney." Ms Sutton submits no other
evidence regarding Ms Sutton's efforts on behalf of Mrs Rose in
the state courts.
The exhaustion requirement is satisfied only if the federal
claim: (1) has been "fairly presented" to the state courts,
Picard v. Connor, 404 US 270, 275 (1971), Crotts v. Smith,
73 F3d 861, 865 (9th Cir. 1996); or (2) no state remedy remains
available, see Johnson v. Zenon, 88 F3d 828, 829 (9th Cir
1996). Peterson v. Lampert, 319 F3d 1153, 1155-56 (9th Cir 2003)
(en banc). It does not constitute "fair presentation" if the
claim is raised by a procedural method which makes it unlikely
that the claim will be considered on the merits. See Castille v.
Peoples, 489 US 346, 351 (1989) (presentation by way of petition
to state supreme court for allocatur, which under state procedure
may be considered only when "there are special and important
reasons therefor," insufficient to exhaust); Casey,
386 F3d at 917 (federal claims not fairly presented when petitioner "raised them for the first and
only time upon petitioning for discretionary review to the
Washington State Supreme Court"); Kibler v. Walters,
220 F 3d 1151, 1153 (9th Cir 2000) (where state habeas petitioner failed
to satisfy procedural requirements for presentation of his claims
to Washington Supreme Court, he failed to fairly present his
claims for purposes of federal habeas corpus review).
It was incumbent on Ms Sutton to allege in her amended petition
that she has met the requirements for exhaustion and, where
appropriate, to attach evidence in support of that allegation.
The few attachments to the amended petition suggest that Ms
Sutton did not "fairly present" all available state courts with
an opportunity to rule on the merits. The petition states that
the superior court issued additional orders, but does not explain
why Ms Sutton did not file an appeal of those orders. Filing a
petition for writ of mandamus in the court of appeal
unaccompanied by a filing fee or valid in forma pauperis
application does not constitute fair presentation of claims to
that court.
Moreover, to establish exhaustion of state remedies, a habeas
petitioner must have apprised the California courts that she was
making a claim under the United States Constitution. Castillo v.
McFadden, 399 F3d 993, 999 (9th Cir 2005). In so doing, she must
describe "both the operative facts and the federal legal theory
on which [her] claim is based," id, citing Kelly v. Small,
315 F3d 1063, 1066 (9th Cir 2003), and must have characterized the
claims raised in state proceedings "specifically as federal
claims," Castillo at 999, citing Lyons v. Crawford,
232 F3d 666, 670 (2000). "Mere general appeals to broad constitutional principles, such as
due process, equal protection, and the right to a fair trial, do
not establish exhaustion." Hiivala v. Wood, 195 F3d 1098, 1106
(9th Cir 1999).
The original petition alleged three grounds for relief under
the United States Constitution, but specifically stated "[t]he
grounds for relief raised in this petition have not been
presented to the highest State Court in California having
jurisdiction," Doc # 1 at 7, ¶ 31 and "[t]he grounds for relief
set forth in this petition have not been presented in any State
or Federal court." Id at ¶ 32. Ms Sutton's amended petition does
not allege or in any way suggest that she presented her
Constitutional claims on behalf of Mrs Rose to the state courts.
Because Ms Sutton's amended pleading fails to allege exhaustion
of state remedies, it must be, and hereby is, DISMISSED.
In its previous order, the court noted that there is little or
no precedent for the use of the writ of habeas corpus to
challenge the confinement of an individual who has been
adjudicated incompetent. Ms Sutton's amended petition sets forth
additional facts that plainly establish that the writ of habeas
corpus is not available to address the circumstances of Ms Rose's
confinement at the Victorian.
The United States Supreme Court's opinion in Lehman v. Lycoming
County Children's Services, 458 US 502, 512-16 (1982), held that
the writ of habeas corpus was not available to challenge the
placement of a child into the custody of foster and adoptive parents. A footnote, however, left open the possibility that
federal habeas corpus relief might be available in situations in
which individuals, including children, are confined in state
institutions pursuant to court order: "We express no view as to
the availability of federal habeas when a child is actually
confined in a state institution rather than being at liberty in
the custody of a foster parent pursuant to a court order."
458 US 502, 511, n. 12.
The First Circuit, however, extended Lehman to the context of
placement of an elderly person into a nursing home by a
state-court appointed guardian, holding that such action was not
"imprisonment" redressable by federal habeas. Hemon v. Office of
Public Guardian, 878 F2d 13, 15 (1st Cir 1989). That court cited
concerns about federalism and finality in the field of family
[T]he same concerns about federalism and finality
that counsel against federal habeas jurisdiction over
child custody disputes also counsel against federal
habeas jurisdiction over disputes regarding
guardianship. The long-standing policy of the federal
courts to avoid interference in state domestic
relations disputes for example, by abstaining from
asserting federal subject matter jurisdiction over
domestic relations matters * * * is not limited to
the area of child custody, but extends to the entire
field of domestic relations.
The Ninth Circuit has not spoken on this issue. This court,
however, finds the reasoning of Hemon compelling in the context
of this case. The crux of Ms Sutton's complaint is the
establishment of a conservatorship over her mother and the
appointment of a public guardian for her a guardian whose
decisions she strongly disagrees with. Ms Rose is housed not in a
state institution but in a private nursing home, albeit pursuant
to a decision of the public guardian, to whom the superior court
conferred the authority to make decisions regarding her care.
These are matters traditionally committed entirely to state law.
Because the court has determined that an exercise of federal
jurisdiction would not be appropriate given the underlying facts
of Ms Rose's case, a further opportunity to amend the petition
would be futile.
Another issue that remains unresolved is that Ms Sutton must
establish her qualifications to proceed as a "next friend" for
purposes of bringing a petition for writ of habeas corpus on Ms
Rose's behalf. See 28 USC section 2242; Whitmore v. Arkansas,
495 US 149, 165 (1990); Coalition of Clergy, Lawyers, and
Professors v. Bush, 310 F3d 1153, 1159-60 (9th Cir 2002). There
is insufficient evidence in the record to allow the court to
determine this question. Given the court's disposition of the
amended petition, it is unnecessary to reach this issue.
Finally, Ms Sutton cites Grant v. Johnson, 757 F Supp 1127 (D
Or 1991), in which a federal district court found
unconstitutional a state statute authorizing ex parte
appointments of indefinite temporary guardians without notice
without due process safeguards. Grant, however, is a civil
rights action brought under 42 USC § 1983, and therefore has
little bearing on the issues presented in the instant case, a
habeas corpus matter. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in
the United States District Courts, this matter is DISMISSED,
without leave to amend.
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7741 N Delta Pl, Milwaukee WI, 53223
4 beds , 2 Full baths
1,525 sqft
Status: Active
Last Updated: 12/8/2016 12:51 AM
Description for 7741 N Delta Pl Milwaukee, WI 53223
Stylishly renovated Bradley Estate Ranch! Smart updates and fresh contemporary colors throughout make this property move in ready. Includes new windows, newer roof, SS appliances, updated fixtures and plumbing throughout and attractive kitchen w/ new cabinetry and quartz countertops. Home boast 2 full baths and 4 bdrms including an inviting Master with NFP and patio doors leading to back deck and large yard. Finished basement adds additional square footage and living space to home with a generous Full bath in LL level and H/E Washer and Dryer included for easy living. This is a must see home!
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1,525 (approx)
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City Sewer
School Information
Room Information
Combined Tub/Shower
Interior Features
Dishwasher, Dryer, Range-Oven, Refrigerator, Washer
Central Air
Gas Heat, Forced Air
Exterior / Lot Features
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text:
I will include an example from each for the non-gamers :)
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- Final Fantasy14% (1)44% (4)31% (5)Vote
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United States District Court, N.D. New York
July 10, 2014
DONALD J. HUMPHREY, as Administrator of the Estate of Mary Ann Humphrey, Plaintiff,v.KENNETH D. RILEY et al., Defendants.
THOMAS P. VALET, ESQ., Rheingold, Valet Law Firm, New York, NY, for the Plaintiff.
EDWARD D. LAIRD, JR., ESQ., WILLIAM C. FIRTH, ESQ., Carter, Conboy Law Firm, Kenneth D. Riley, Mary Imogene Bassett Hospital, Albany, NY,
THOMAS G. DALEY, ESQ., AARON F. CARBONE, ESQ., Maynard, O'Connor Law Firm, Peter R. Cole, Chandra Jones, Sailaja, Alapati, Bhavana Daruvari, Albany Medical Center, Albany, NY, JOHN J. JABLONSKI, ESQ., LATHA RAGAVAN, ESQ., Bayer Healthcare Pharmaceuticals, Inc., Goldberg, Segalla Law Firm, Buffalo, NY, for the Defendants.
GARY L. SHARPE, Chief District Judge.
I. Introduction
Plaintiff Donald J. Humphrey, as Administrator of the Estate of Mary Ann Humphrey, commenced this action against defendants Kenneth D. Riley, D.O., Peter R. Cole, M.D., Chandra Jones, M.D., Sailaja Alapati, M.D., Bhavana Daruvari, D.O., Darielle D. Dartt, CRNA, the Mary Imogene Bassett Hospital, Albany Medical Center (collectively "New York defendants"), and Bayer Healthcare Pharmaceuticals, Inc., alleging several causes of action generally sounding in negligence, medical malpractice, and products liability, as well as a claim pursuant to New York General Business Law for consumer fraud. ( See generally Compl., Dkt. No. 1, Attach. 1 at 3-38.) Bayer filed a pre-answer motion, pursuant to Fed.R.Civ.P. 12(b)(6), seeking dismissal of Humphrey's complaint. (Dkt. No. 5.) Also pending is Humphrey's motion, pursuant to 28 U.S.C. § 1447(c), seeking remand of this case to the Supreme Court of the State of New York, County of Albany, because it was improperly removed, and also seeking the imposition of costs for the motion to remand.[1] (Dkt. No. 6; Dkt. No. 6, Attach. 1 at 1.) For the reasons that follow, Humphrey's motion is granted insofar as it seeks remand of this case to state court and denied insofar as it seeks an award of costs, and Bayer's motion to dismiss is denied.
II. Background[2]
Humphrey commenced this action as administrator of the estate of decedent Mary Ann Humphrey, his spouse. (Compl. ¶¶ 1, 198.) Humphrey's complaint alleges several causes of action against defendants stemming from Mary Ann's use of the Mirena intrauterine device (IUD), a contraceptive device designed and sold by Bayer. ( Id. ¶ 81.) Specifically, Humphrey alleges that Mary Ann's use of the Mirena IUD was "the cause of or conduit for" several medical ailments that she developed, including "a Beta Hemolytic Strep Group A (GAS') infection, pelvic inflammatory disease, pelvic abscess and toxic shock syndrome." ( Id. ¶¶ 108, 155, 196.)
On December 23, 2011, Mary Ann went to Bassett Hospital, complaining of "headaches, rashes, [vision problems], abdominal pain, fever, nausea, vomiting and diarrhea." ( Id. ¶¶ 93-94.) On December 26, she went to Albany Medical Center hospital with the same complaints. ( Id. ¶¶ 95-106.) Humphrey alleges that the medical staff that attended to Mary Ann did not properly diagnose and treat her conditions, and failed to identify the Mirena IUD as the cause of her symptoms, ultimately resulting in her death on December 27. ( Id. ¶¶ 108, 196.)
Humphrey commenced this action in New York State Supreme Court in Albany County[3] in November 2013. (Compl.) In the complaint, he indicates that he is a New York resident, ( id. ¶ 2), as are all defendants, ( id. ¶¶ 3-28), except for Bayer, which is a Delaware corporation having its primary place of business in New Jersey, ( id. ¶ 79). Bayer subsequently removed the action to this court, on the basis of diversity jurisdiction. (Dkt. No. 1 ¶¶ 7-17.) Specifically, Bayer asserts that the citizenship of the New York defendants "may be disregarded for jurisdictional purposes since those defendants... were fraudulently misjoined." ( Id. ¶ 7.) Humphrey has since moved to remand the action to the state court where it was commenced. (Dkt. No. 6.)
III. Standard of Review
With respect to cases removed to federal court from state court, 28 U.S.C. § 1447(c) provides that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." "It is well-settled that the party asserting federal jurisdiction bears the burden of establishing jurisdiction." Blockbuster, Inc. v. Galeno, 472 F.3d 53, 57 (2d Cir. 2006) (citation omitted). Accordingly, "[o]n a motion to remand, the party seeking to sustain the removal, not the party seeking remand, bears the burden of demonstrating that removal was proper." Wilds v. UPS, Inc., 262 F.Supp.2d 163, 171 (S.D.N.Y. 2003) (internal quotation marks and citation omitted). "Unless that burden is met, the case must be remanded back to state court." Id. (internal quotation marks and citation omitted).
IV. Discussion
A. Joinder of Parties
In support of his motion to remand, Humphrey argues that this action was improperly removed by Bayer because complete diversity of citizenship is lacking among the parties, as both Humphrey and all of the defendants, save Bayer, are New York residents. (Dkt. No. 6, Attach. 1 at 5-18.) Additionally, Humphrey argues that there has been neither fraudulent joinder nor fraudulent misjoinder here, such that no exception to the complete diversity rule applies. ( Id. )[4] In support of removal, and in opposition to Humphrey's motion to remand, Bayer argues that the New York defendants were fraudulently misjoined here in order to destroy the diversity of the parties. (Dkt. No. 28 at 3-8.) Specifically, Bayer argues that because the medical malpractice-related claims against the New York defendants are insufficiently related to the product liability-related claims asserted against Bayer, joinder is improper pursuant to Fed.R.Civ.P. 20. ( Id. ) Alternatively, Bayer argues that the court may retain jurisdiction over the claims against it by severing the claims against the New York defendants, because they are dispensable parties. ( Id. at 8-12.) For the reasons that follow, Humphrey's motion for remand is granted.
Under the removal statute, defendants may remove an action from state court if it originally could have been brought in federal court. See 28 U.S.C. § 1441(a). When removal is based on diversity jurisdiction, defendants must show that there is complete diversity of citizenship between plaintiffs and defendants. See id. § 1332; Hallingby v. Hallingby, 574 F.3d 51, 56 (2d Cir. 2009). However, "a plaintiff may not defeat a federal court's diversity jurisdiction... by merely joining as defendants parties with no real connection with the controversy, " a practice known as "fraudulent joinder." Pampillonia v. RJR Nabisco, Inc., 138 F.3d 459, 460-61 (2d Cir. 1998). A party seeking to establish fraudulent joinder in the Second Circuit "bears a heavy burden." Id. at 461; see Purdue Pharma L.P. v. Kentucky, 704 F.3d 208, 213 (2d Cir. 2013) ("[I]n light of the congressional intent to restrict federal court jurisdiction, as well as the importance of preserving the independence of state governments, federal courts construe the removal statute narrowly, resolving any doubts against removability." (internal quotation marks and citation omitted)). To prove fraudulent joinder, the party asserting it "must demonstrate, by clear and convincing evidence, either that there has been outright fraud committed in the plaintiff's pleadings, or that there is no possibility, based on the pleadings, that a plaintiff can state a cause of action against the non-diverse defendant in state court." Pampillonia, 138 F.3d at 461.
Bayer argues for a third exception to the complete diversity rule, namely "fraudulent misjoinder." (Dkt. No. 28 at 3-8.) This concept originated in an Eleventh Circuit decision, see Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353, 1360 (11th Cir. 1996), but neither the Northern District of New York nor the Second Circuit has yet addressed it. "Fraudulent misjoinder occurs when a plaintiff purposefully attempts to defeat removal by joining together claims against two or more defendants where the presence of one would defeat removal and where in reality there is no sufficient factual nexus among the claims to satisfy the permissive joinder standard." Nolan v. Olean Gen. Hosp., 13-CV-333-A, 2013 WL 3475475, at *3 (W.D.N.Y. July 10, 2013) (internal quotation marks and citation omitted). Generally, pursuant to Fed.R.Civ.P. 20, parties may be joined as defendants if "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and... any question of law or fact common to all defendants will arise in the action." Fed.R.Civ.P. 20(a)(2).
Assuming, without deciding, that fraudulent misjoinder is a potential exception to the complete diversity rule in this Circuit, it would not apply here, as the parties were properly joined. Although, as Bayer argues, some of the product liability claims against it appear to be distinct, to a certain extent, from some of the claims against the New York defendants, it is certainly the case that the claims in the complaint, as a whole, share common questions of law and fact. Specifically, Humphrey's wrongful death cause of action alleges that the "negligence... of... defendants... caused, precipitated and/or hastened the death of the decedent on December 27, 2011." (Compl. ¶ 196.) Although Humphrey also retains separate claims against Bayer that he has not asserted against the New York defendants, and vice versa, the gist of the complaint is that Mary Ann's use of Bayer's Mirena IUD caused her several medical conditions, that the New York defendants failed to properly diagnose and treat those same conditions, and that the combination of these factors ultimately resulted in her death. ( See generally id. ) This will undoubtedly raise common questions of law and/or fact, particularly with regard to causation and the apportionment of liability, and the claims in this case arise from the same underlying transaction. See Barnhart v. Town of Parma, 252 F.R.D. 156, 160 (W.D.N.Y. 2008) ("Courts within this Circuit repeatedly have interpreted the phrase same transaction' to encompass all logically related claims and have counseled that such determinations are to be made on a case-by-case basis." (internal quotation marks and citation omitted)). Therefore, these causes of action satisfy the requirements of Fed.R.Civ.P. 20, and defendants here are properly joined. See, e.g., Nolan, 2013 WL 3475475, at *3 (holding that claims against both product manufacturer and hospital personnel were properly joined where "the claims all arise from the use of insulin pens at [the h]ospital... [t]herefore, the fraudulent misjoinder' doctrine is inapplicable"); In re Fosamax Prods. Liab. Litig., Nos. 1:06-MD-1789, 1:07-cv-2442, 1:07-cv-9564, 1:07-cv-9485, 1:07-cv-3792, 2008 WL 2940560, at *10 (S.D.N.Y. July 29, 2008) (holding that fraudulent misjoinder not present where "[a]ll of the claims asserted by [the plaintiff] arise from her suffering of jaw-related injuries" because "[s]he alleges that [a drug manufacturer]'s failure to adequately warn that taking [the drug] created a risk of these injuries caused their onset, and that the [treating dentists]' failure to properly diagnose and treat the injuries caused their aggravation").
With respect to Bayer's alternative argument that the court may sever the New York defendants because they are dispensable parties in the context of the claims against Bayer, for many of the same reasons articulated above, the court declines to sever the defendants in this action. Severing the claims here would result in Humphrey being required to maintain separate litigation against the New York defendants in state court, while also maintaining this closely related action against Bayer in federal court. The Second Circuit has articulated that it would not be an abuse of discretion by the trial court to deny severance, in order to maintain federal jurisdiction, where it would result in a plaintiff having to maintain "two parallel litigations: one in federal court against the diverse defendants and one in state court against" the non-diverse defendants. Rost v. Pfizer, Inc., 502 F.Appx. 51, 52-53 (2d Cir. 2012); see Nolan, 2013 WL 3475475, at *1 ("[D]ismissal of the non-diverse defendants pursuant to Fed.R.Civ.P. 21 to establish complete diversity of citizenship would result in duplicative, wasteful litigation in federal and state courts that could result in conflicting rulings."); Reuter v. Medtronics, Inc., No. 10-3019, 2010 WL 4628439, at *5 (D.N.J. Nov. 5, 2010) ("To the extent each [d]efendant tries to shift liability, the design and manufacture of the product and [the doctor]'s conduct will be central issues. Severing the claims would result in the duplication of evidence, increase the cost of litigation, and carries with it the potential for inconsistent verdicts."), report and recommendation adopted, 2010 WL 4902662 (D.N.J. Nov. 23, 2010).
Because the New York defendants are citizens of the same state as Humphrey, complete diversity does not exist. It follows that this court lacks diversity jurisdiction over this action, and it is therefore remanded to the New York State Supreme Court in Albany County. Given that the court lacks subject matter jurisdiction over this action, Bayer's motion to dismiss is denied.
B. Request for Costs
Humphrey has also requested an award of costs and attorney's fees incurred as a result of the improper removal. (Dkt. No. 6, Attach. 1 at 1.) Title 28 U.S.C. § 1447(c) provides that "[a]n order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." The decision to award costs is in the court's discretion. See Morgan Guar. Trust Co. v. Republic of Palau, 971 F.2d 917, 923-24 (2d Cir. 1992). An award of costs and expenses is not in order here because Bayer's fraudulent joinder arguments in support of removal, while ultimately unsuccessful, were not frivolous. See Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005) ("Absent unusual circumstances, courts may award attorney's fees under § 1447(c) only where the removing party lacked an objectively reasonable basis for seeking removal. Conversely, when an objectively reasonable basis exists, fees should be denied.").
V. Conclusion
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Humphrey's motion for remand (Dkt. No. 6) is GRANTED insofar as it seeks remand of this case to state court and DENIED insofar as it seeks an award of costs; and it is further
ORDERED that Bayer's motion to dismiss (Dkt. No. 11) is DENIED for lack of subject matter jurisdiction; and it is further
ORDERED that Humphrey's letter motion requesting an adjournment of Bayer's motion to dismiss (Dkt. No. 7) is DENIED; and it is further
ORDERED that this action is REMANDED to the New York State Supreme Court in Albany County for all further proceedings; and it is further
ORDERED that the Clerk is directed to mail a certified copy of this Memorandum-Decision and Order to the Clerk of Supreme Court of the State of New York in Albany County and instruct him to file the Memorandum-Decision and Order in Humphrey v. Riley et al., Index No. 6231/13; and it is further
ORDERED that the Clerk close this case; and it is further
ORDERED that the Clerk provide a copy of this Memorandum-Decision and Order to the parties.
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Ten Saudi women are petitioning the Saudi Arabia consultative Shura Council to demand an end to absolute male authority over women.
Activist Aziza Yousef told AFP news agency over the weekend that the activists are demanding "measures to protect women's rights," as well as the right for women to drive, ahead of International Women's Day on March 8. They argue that the restrictions women face in Saudi Arabia, which imposes a strict interpretation of Islamic law, are not based in religious teachings.
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The Meaning of ESD
You have found the definitive source for the meaning of ESD. This page contains all the definitions of ESD, crowd sourced, moderated and curated by real people who care about the true definitions of ESD.
The Top Definition of ESD
The most popular meaning of ESD is: electro-static discharge
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- Electro-Static Discharge
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What is ESD?
ESD is electro-static discharge
ESD Means
The definition of ESD is "electro-static discharge".
ESD Definition
The meaning of ESD
ESD means electro-static discharge.
Now you understand the definition of ESD - ESD means "electro-static discharge".
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Discussion in 'iPod touch' started by jeffswimmer12, Nov 2, 2007.
i want 755 for customize. how do i do this like it says in the tutorial?
You need to use an FTP client to do this.
Right click file that needs changing>Go down to permissions>Change permission to 0755
so if i dont do this customize will crash?
Yeah, see this thread for detailed instructions on getting a working version of customize.
doesnt he have to change the file permission to 0755? CHMOD right?
Separate names with a comma.


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Disciplinary proceeding.
On July 28, 1976, this court allowed the motion of respondent, Peter Wonais, licensed to practice law in 1974, to strike his name from the roll of attorneys. On June 6, 1978, pursuant to Supreme Court Rule 767 (65 Ill.2d R. 767), he filed a petition for reinstatement. A panel of the Hearing Board of the Attorney Registration and Disciplinary Commission recommended that the petition for reinstatement be allowed. The Administrator filed exceptions and the Review Board of the Attorney Registration and Disciplinary Commission, with one member dissenting, affirmed the recommendation. Pursuant to Supreme Court Rule 753(e) (65 Ill.2d R. 753(e)), we allowed the Administrator's petition for leave to file exceptions and permitted the filing of briefs, and oral argument.
On October 24, 1974, respondent was admitted to the Illinois Bar, and shortly thereafter was appointed an assistant public defender. In 1976 he was assigned to represent an indigent person who had been charged with three counts of burglary. Respondent negotiated an agreement with the State's Attorney whereby the defendant would enter a plea of guilty to one count, the remaining two counts would be stricken with leave to reinstate, and a sentence of probation imposed. In response to the defendant's expressed concern that the charges might be reinstated, respondent represented to the defendant that for $700 in cash, to be passed on to a State's Attorney, the remaining counts would not be reinstated. The alleged involvement of a State's Attorney was merely a ruse, since respondent intended to keep the money. The defendant agreed to respondent's proposal and on June 4, 1976, respondent went to the defendant's home to receive payment. He was there arrested and charged with solicitation to commit bribery. Shortly thereafter he resigned from his position as a public defender and moved that his name be stricken from the roll of attorneys.
On December 19, 1976, respondent pleaded guilty to the offense of solicitation to commit bribery and was placed on probation for a period of two years. On respondent's motion, the probation was terminated on June 4, 1978.
It is the Administrator's contention that in view of the serious nature of the offense upon which respondent's disbarrment was based, insufficient time has passed "to afford the Court a meaningful opportunity to determine that petitioner has become a person fit to practice law." Respondent contends that he has established by clear and convincing evidence that he is rehabilitated and is a fit person to practice law and that the petition for reinstatement is not premature.
Our amendment of Rule 767 effective July 1, 1978 (73 Ill.2d R. 767), to provide that a petition for reinstatement shall not be filed within a period of 3 years after the date of an order allowing disbarrment on consent was recognition of the fact that the sanction is a serious one, not lightly imposed, and that a period of time must elapse sufficient to demonstrate that the disbarred attorney has been rehabilitated. However, as we pointed out in In re Wigoda (1979), 77 Ill.2d 154, 158, "the period of time between a disbarrment on consent and a petition for reinstatement is not dispositive of the determination of rehabilitation." We note further that more than 3 years have now elapsed since the disbarrment.
The evidence presented to the Hearing Board was not contradicted by the Administrator. Indeed, in argument before the Hearing Board counsel for the Administrator stated that a thorough investigation had failed to uncover anything "which would preclude or argue against his reinstatement." Moreover, the Hearing Board in its findings and recommendation characterized the testimony adduced by respondent as impressive and noted that it was elicited from persons whose experience made them good judges of moral rehabilitation. A priest who had known respondent since boyhood testified that since disbarrment he had undergone a drastic change for the better, having deepened his religious experience and become emotionally more mature. The director of a treatment and training center for developmentally disadvantaged children testified that members of the staff looked to respondent for guidance. As a volunteer, respondent had performed well in a very difficult, stressful job, and had been with the center for nearly twice the average "turnover" time. The director testified that he felt respondent had a very good moral character. A circuit court judge and respondent's superior in the public defender's office also testified in his behalf. The supervisor testified that respondent was probably more remorseful than any person the supervisor had ever seen. The president of the manufacturing company by whom defendant was employed testified that he regularly entrusted respondent with large sums of money, and that, if reinstated, respondent would be asked to become the company's corporate attorney. Finally, respondent testified as to the shame and remorse which had stemmed from the incident. He testified that he had become active in his church and several worthy volunteer endeavors, and that his commitment to these activities would not end on reinstatement.
Disciplinary proceedings are designed to safeguard the public, maintain the integrity of the profession and protect the administration of justice from reproach. (In re Saladino (1978), 71 Ill.2d 263, 275; In re Nowak (1976), 62 Ill.2d 279, 283.) To further delay the reinstatement of an attorney shown to have been rehabilitated would serve no useful purpose. In view of the clear and convincing evidence of defendant's rehabilitation and fitness to practice law, the recommendation to reinstate him was proper and we adopt it.
It is the order of this court that the respondent is reinstated to the roll of attorneys admitted to practice law in this State.
Respondent reinstated.
MR. JUSTICE CLARK, concurring:
I concur in the majority opinion.
We have permitted reinstatement where less than two years have elapsed between disbarrment and the filing of the reinstatement petition, yet there was no dissent relating to the petition being premature. In re Wigoda (1979), 77 Ill.2d 154.
In addition, prior to the adoption of Rule 767 on July 1, 1978 (73 Ill.2d R. 767), we have allowed reinstatement where an attorney filed the petition within five years of disbarrment, and my collegues did not see fit to register their disagreement. (In re Thomas (1979), 76 Ill.2d 185.) (The instant petitioner voluntarily moved to have his name stricken from the master roll of attorneys, and that motion was allowed on July 28, 1976. His reinstatement occurs well over three years later.)
We have permitted reinstatement where the infraction was as serious as in this case, if not more so, and nothing was said in dissent about the seriousness of the offense. In re Wigoda (1979), 77 Ill.2d 154.
Moreover, we have reinstated attorneys where the Review Board has recommended that the petition be denied, again, without any dissent being recorded. (In re Nesselson (1979), 76 Ill.2d 135.) In the instant case, both the Hearing Board, and the Review Board (with one member dissenting), recommended that the petitioner be reinstated.
The rule has been quoted to the point where it is axiomatic that disciplinary proceedings are not designed to impose punishment, but are intended, as my learned colleague states, "to safeguard the public, maintain the integrity of the legal profession and protect the administration of justice." (78 Ill.2d at 124.) That is not to say that all disbarred attorneys are to be reinstated. In certain situations, the offenses will be so grievous and wilful, and the likelihood that the offender will err again may be so great, that the attorney should not, and will not, be reinstated. But where, as here, the petitioner has carried the substantial burden of showing by clear and convincing evidence that he is rehabilitated (In re Starr (1976), 64 Ill.2d 407, 415), I am at a loss to understand why my collegues chose this case in which to dissent, especially since the dissenting opinions provide no clue as to why this case is distinguishable from other recent cases decided by this court.
MR. JUSTICE UNDERWOOD, dissenting:
Respondent was disbarred on consent (58 Ill.2d R. 762) by the July 28, 1976, order of this court. Disbarrment resulted from his conduct while employed as an assistant public defender in Cook County. While assigned to represent a supposedly indigent defendant, respondent solicited $700 from his client on the false representation that payment of that amount to an assistant State's Attorney would guarantee favorable treatment for the client. Respondent intended, of course, to convert the money to his own use. Respondent's petition for reinstatement to the practice of law was filed on June 6, 1978, after his discharge from the probation upon which he had been placed following his conviction of solicitation to commit bribery.
Were respondent subject to our amended Rule 767 (73 Ill.2d R. 767), he could not even file a petition for reinstatement sooner than 3 years from the date of disbarrment. Considering the serious nature of the offense and the disregard manifested by respondent for the criminal laws of this State, the ethics of our profession, and the reputation of fellow lawyers, I believe his reinstatement to be premature.
MR. JUSTICE RYAN joins in this dissent.
MR. JUSTICE WARD, also dissenting:
Less than two years after his admission to the bar the respondent was disbarred for having committed the grevous offense of attempted bribery while serving as assistant public defender. Less than two years after his disbarrment he petitioned for reinstatement of the privilege to practice law. The majority states that to delay further respondent's reinstatement would serve no useful purpose in view of the clear and convincing evidence of his rehabilitation and fitness to practice law. I cannot agree. The first purpose of disciplinary proceedings is to safeguard the public, maintain the integrity of the legal profession and protect the administration of justice. I am not persuaded on the record before us that these ends will be met if the respondent at this time is reinstated. The question is, of course, not whether there should be compassion, but whether there can be confidence that the public interest will be safeguarded and the profession assured that the disciplined attorney has now a full understanding of important responsibilities. Lenity may be as great a disservice as a severity that is unwarranted. I join with Mr. Justice Underwood in his belief that reinstatement at this time is premature. I would add that if reinstatement were to be deferred it could deepen the respondent's understanding of the obligations of the bar and of the sensitive and vital role of the lawyer in society.
MR. JUSTICE RYAN joins in this dissent.
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Replacement front can for the Novak Vulcan Spec and Vulcan Outlaw
brushless motors, may also be used on the Novak Ballistic
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Black anodized aluminum construction
Factory installed oversized front flanged ball bearing
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What was your source for this knitting project? Online Photo or Website Name of website or photo Hippie Heart Socks Link to website or photo www.craftsy.com/pattern/knitting/Clothing/Hippie-Heart-Socks/773 What are you most proud of? It was a lot of fun to design a sock pattern incorporating a fun theme and yarn with so much colour and character. Both theme and colours stretched my comfort zone and I love the results! What advice would you give someone starting this project? Jump right in and learn some new techniques... slipped stitch colourwork, crochet embroidery and duplicate stitch.
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The North Face Girls' Flurry Wind Hoodie is a wind jacket for breezy spring weather. Walking to school, camping with the family, or any day the wind is kicking. The 100% nylon honeycomb fabric is incredibly light so it won't weigh her down with a durable water repellent finish to shed light rain. Hood up or down, zip a house key and snack in her pocket and she's good to go.
Products on Sale are Discontinued Styles or Colors.


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Fabulous vintage Halloween vintage postcard featuring a boy as a chef carrying his Jack O Lantern. This early postcard is postmarked 1918 and has writing on the back. This card was published by Wolf company and is from series 501 and is in excellent condition. This card will arrive in a hard sleeve for protection.
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French translation of irrigate
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"A dreamlike cottage in the woods, with wide patios and alluring gardens.� Situated in a private cove in the middle of a quiet neighborhood, this home abodes 3 BR, 2 full BA, & a 2 car port. Spanning a single level, the interior is cozy and intimate. The KIT is adequately sized, and comes with an eat-in system, along with a d/d. The LA is family sized, & bonus features include central HVAC, part hdwd/part tile floors, attic, storage & a sprawling BY that might as well be professionally scaped.


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Jennifer LaFleur was the computer-assisted reporting (CAR) editor starting in 2003 for The Dallas Morning News, where she worked on the investigative team. She has directed CAR at the San Jose Mercury News and the St. Louis Post-Dispatch and was IRE's first training director. She has won awards for her coverage of disability, legal and open government issues. Ms. LaFleur is the co-author of IRE's Mapping for Stories: A Computer-Assisted Reporting Guide.
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60% Polyester 35% Viscose 5% Elaster
City Chic designers take pride in working with high quality fabrics for our savvy curvy customers. For more details about the fabrics used in this style click here.
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There are more things in heaven and earth, Horatio,
Than are dreamt of in your philosophy.
Frederique, you are the daughter of my heart. You are my strangeness, poured from me and put into the world, you are the deepest part of me, the part of me that almost remembers my infancy, you are the part of me I don't recognise when I look in the mirror, you are the strangest and most unlikely things that I do. You are me and not me. You are a stranger who looks eerily familiar, a song I know that I've never heard. You are more ancient than me. I have a strong perceptual memory, from when you were a baby, of seeing you as giant and I was miniature - you, your head, your face, filled the whole scope of the world.
This past year, in your time of being five, you have:
chosen to take my middle name - Ann - as your own
run through Paris in bare feet
cried in the bird markets of Mong Kok
been a bridesmaid
bought your first watch
had your first pocketmoney
started school
taken to maths
entered the literary world of Ramona the Pest and the faraway folk and Famous Five
been to the circus
learned that the Easter Bunny is not real*
chilled out
learned to write fox
found God
inherited a pet turtle
built a complicated lego robot, using the instructions
run in your first race
decided to become a circus girl on weekdays and a rock star on Sundays
learned the days of the week
been brave and wild
Happy birthday, my girl Fred.
*She asked me outright on Sunday night, and I could see in her face that what she really wanted was the truth. I told her. She kissed my forehead, and thanked me - for the eggs or the truth, I'm not sure. A bit of both I think. I said 'I'm a little bit sad you don't believe in Easter Bunny anymore.' She comforted me with, 'I do a little bit.' I told her she couldn't tell Una. She said, her words not mine, 'Our Little Secret.' I told her how I'd snuck out the door in our room to hide the eggs in the garden while they were eating breakfast. She asked me, 'Does Daddy know?' At the circus, which was wonderful, not the least because it was also creepy and melancholy and sad, as well as being shiny and magical and clever, she amused herself trying to figure out how the magician performed his tricks.
I have always instinctively favoured fantasy over reality for my children, overprotecting their imaginative life, as if it is some rare precious insect, easily blown away or trampled. This journey towards the real is one of my favourite surprises so far as a parent.


text:
Van Gogh Ear Replica Displayed in German Museum
Karlsruhe's Center for Art and Media is exhibiting a genetic copy of the left ear of Dutch painter Vincent Van Gogh, which he cut off in 1888.
Museum officials are quoted by the Huffington Post Germany as saying the genetic "reconstruction" was created by Diemut Strebe, who used cells of an heir to Van Gogh, namely his brother's great-great-grandson, Theo.
The two brothers shared one-sixth of their genes, as well as the y-chromosome which is passed to male individuals of subsequent generations.
A computer (and a group of scientists) helped to shape Theo's cells so that they look like the famous ear.
Strebe says she perceives the "cloned" ear to be "a mixture of art and science".
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- » Theodore Ushev's Animation with Chance for Oscar Nominations 2017


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218 SE 14 ST # 804 Miami, Florida 33131
Located in the high tech building, Emerald at Brickell, this apartment feels just like a house. Spacious 3/2 including a large terrace. Stainless steel appliances and wood cabinets highlight the Italian kitchen. Amenities include pool, gym, valet parking, Internet and basic Direct TV.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Alternative Title: Carnival
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cultural life of Anguilla
The island's cultural showpiece is the annual Summer Festival, or Carnival, which takes place in late July–early August. Its main events include beauty pageants, a Calypso Monarch competition, musical performances, and a Parade of Troupes, in which costumed teams of dancers perform in the streets. The Summer Festival is a cultural potpourri highlighting the art, artistry, innovation, and...


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Strategic Location, Great Convenience Store #410511 posted Jun 28, 2016
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Blueberries are perennial flowering plants with indigo-colored berries in the section Cyanococcus within the genus Vaccinium (a genus that also includes cranberries and bilberries). Species in the section Cyanococcus are the most common fruits sold as 'blueberries' and are native to North America (commercially cultivated highbush blueberries were not introduced into Europe until the 1930s).
Contributions by Noroton, MPF, and Paul144.