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May 8, 2012
RANDALL KIDD, PLAINTIFF-APPELLANT,v.PEDERSEN BUILDING SYSTEMS, LLC, AND MARCH ASSOCIATES CONSTRUCTION, INC., DEFENDANTS-RESPONDENTS, AND NUCOR BUILDING SYSTEMS, BUTLER BUILDING SYSTEMS, E.I. DUPONT DE NEMOURS AND COMPANY CORPORATION, AND SCANNELL PROPERTIES, DEFENDANTS.
On appeal from the Superior Court of New Jersey, Law Division, Morris County, Docket No. L-3768-08.
Submitted April 24, 2012 -
Before Judges Baxter, Nugent and Carchman.
Plaintiff Randall Kidd appeals from two Law Division orders entered on September 17, 2010, which, in combination, resulted in the dismissal of his complaint against defendants Pedersen Building Systems, LLC (Pedersen), and March Associates Construction, Inc. (March). As to defendant Pedersen, the judge refused to reconsider his earlier July 23, 2010 order that had barred plaintiff from calling Vincent Gallagher as an expert witness because plaintiff had not demonstrated exceptional circumstances justifying the reopening of discovery ten days before trial. As to defendant March, the judge held that plaintiff was not entitled to the tolling of the statute of limitations, as March's role in the incident leading to plaintiff's injuries could have been discovered with the exercise of due diligence within the applicable two-year limitations period. We affirm.
On May 1, 2006, plaintiff, an ironworker employed by Pravco, Inc. (Pravco), was installing safety netting on a Federal Express building under construction in Dover when a strong gust of wind blew him to the ground twenty-five feet below. Plaintiff sustained injuries from the fall. March was the general contractor on the project, and Pedersen was the subcontractor hired by March to supply and erect the pre-engineered building. Pedersen hired Pravco to unload and erect the building at the site.
A detective who arrived at the scene to investigate the accident prepared a police report listing the following individuals as "foremen and supervisors that were on the scene" when the accident occurred: Pete Topping, who was identified as "ironworkers foreman"; Kevin M. Perrier, who was identified as "construction super"; and Daniel R. Merlonghi, who was identified as a "witness." The police report listed the address, cell phone number and date of birth for each of these three individuals.
On March 10, 2008, plaintiff filed a complaint naming as defendants only Pedersen and Nucor Building Systems, in addition to various fictitious parties. Plaintiff did not name March as a defendant. Although plaintiff filed an amended complaint some six months later, he again did not name March as a defendant.
In its answer to plaintiff's complaint, Pedersen denied that it had been the general contractor on the job, but did not indicate the business entity that served in that capacity. Pedersen asserted crossclaims for contribution and indemnification against the defendants named in plaintiff's amended complaint.
Along with his complaint, plaintiff propounded interrogatories on Pedersen, which Pedersen answered ten months later on January 9, 2009. In its interrogatory answers, Pedersen provided plaintiff with a copy of the police report listing the three individuals who were present when the accident occurred, and also provided the following answers to plaintiff's interrogatories:
7. Do you, or does any person, have any reports concerning the occurrence of plaintiff's injury? [Answer]: None other than the police report and OSHA report.
13. Pursuant to R. 4:10-2(b), state whether there are any insurance agreements . . . under which any person or firm . . . may be liable to satisfy part or all of a judgment that may be entered in this action[.] . . .
[A]ttach a copy of each insurance agreement or policy[.] [Answer]: At the time of the accident, this defendant had a liability insurance policy with Selective Insurance . . . coverage is being provided by QBE Insurance Corp. through policy #HBG01360 issued to Pravco, Inc. See Certificate of Insurance. [(Emphasis added).]
The one-page certificate of insurance, which Pedersen provided to plaintiff in its January 9, 2009 answers to plaintiff's interrogatories, identified Pravco as the primary insured, and named March as an additional insured:
March Associates Construction. Inc., Scannell Properties #39. LLC. SW Dover I. L.P., U.S. Bank National Association. Town of Dover, Morris County NJ. Fed-Ex Distribution Center, Dover NJ. Pedersen Building System are all named as additional insured[s] as per the written contract. [(Emphasis added).]
The discovery end date lapsed on March 16, 2009. Ten months later, on January 18, 2010, plaintiff moved to extend discovery and to adjourn the scheduled February 16, 2010 trial. In a supporting certification, plaintiff's counsel stated that he "has retained a safety expert, [named] Vincent Gallagher" who "will need additional time to review the deposition transcripts," and will thereafter issue a report. Counsel did not allude to the marital difficulties upon which he later relied in opposing Pedersen's motions to bar Gallagher's report and for summary judgment.
On February 10, 2010, the judge denied plaintiff's motion to extend the discovery end date and adjourn the trial, noting that the relief plaintiff sought required a showing of "'exceptional circumstances' . . . , as a trial date has [already] been set." The judge noted that plaintiff's "certification merely relates that the parties have not completed . . . discovery" and that the discovery end date had lapsed ten months prior. The judge concluded that "[n]o grounds have been shown to permit the court to reasonably exercise its discretion to [extend the discovery end-date and adjourn the trial]."
After the discovery end date had passed, the parties continued to engage in discovery. Plaintiff was deposed on January 28, 2010, and Pedersen's owner, Ernest Pedersen, was deposed on April 13, 2010. Pedersen testified to the contractual relationships between the parties, stating that March was the general contractor on the project; Pedersen was the subcontractor hired by March; and Pedersen had hired Pravco. During the deposition, Pedersen produced two contractor/subcontractor agreements identifying Pedersen and Pravco as the contractor and subcontractor on the project, respectively, and listing the owner of the property as: "Scannell Properties c/o March Associates."
In April 2010, Pedersen moved for summary judgment, asserting that plaintiff had not identified any acts or omissions on the part of Pedersen that caused, or contributed to, the injuries plaintiff sustained on May 1, 2006. On May 5, 2010, plaintiff opposed Pedersen's motion, and requested leave to file a second amended complaint naming March as a defendant. In a supporting certification, plaintiff's counsel maintained that he had been experiencing significant marital difficulties that interfered with "completing work on [his] files," and prevented him from pursuing pretrial discovery on plaintiff's behalf. Plaintiff's counsel's May 5, 2010 certification stated:
[S]ince August, 2009, I ha[ve] been undergoing an intensely personal and difficult domestic situation that prevented me for a number of months from completing work on [my] files. I discussed this personal matter with counsel in February and it was agreed that we would continue working and that my expert report would be forthcoming after the deposition of the Pedersen representative.*fn1
The next day, on May 6, 2010, more than a year after the discovery end date had lapsed, and six weeks after the judge denied plaintiff's motion to extend discovery, plaintiff resubmitted his opposition to Pedersen's summary judgment motion and, for the first time, attached a copy of Gallagher's expert report. In that report, Gallagher opined that Pedersen was negligent and that Pedersen's negligence contributed to the happening of the May 1, 2006 incident. Notably, at the time plaintiff submitted Gallagher's report on May 6, 2010, the trial was scheduled for May 16, 2010, a mere ten days later.
The judge denied Pedersen's summary judgment motion, and by order of May 28, 2010, extended the discovery end date to September 2, 2010. Also on May 28, 2010, more than four years after the incident in question, plaintiff filed a second amended complaint, which, for the first time, named March as a defendant.
Two weeks later, Pedersen moved to exclude Gallagher's expert report and to bar Gallagher from testifying at trial, asserting that at the time plaintiff served Gallagher's expert report against Pederson on May 6, 2010, the discovery end date had lapsed more than a year earlier on March 16, 2009; and on February 10, 2010, the judge had refused to extend it. In opposition to Pedersen's June 2010 motion to exclude Gallagher's report and bar him from testifying at trial, plaintiff's counsel submitted a certification dated July 13, 2010, essentially repeating the information he had provided in May 2010 in support of his motion for leave to file a second amended complaint.
In particular, plaintiff's counsel's July 13, 2010 certification explained that counsel had been "battling . . .
[a] personal and domestic situation," and that "[f]or many months, [he] dealt with extraordinary circumstances that prevented [him] from completing work on files as [he] had intended." Plaintiff's lawyer stated that he "believe[d] these circumstances . . . should be considered 'exceptional,'" and that "[b]ecause of the intensely personal nature of the circumstances," he had not previously revealed them to the court.
By order of July 23, 2010, the judge granted Pedersen's motion to exclude Gallagher's report and bar his testimony, reasoning that plaintiff should not be permitted to "unilaterally name[] an expert literally at the last minute and well after discovery has ended," noting that "[t]he trial is scheduled for 9/13/2010 [and] [t]he allowance of this expert will plainly generate further delay of a substantial nature."
Plaintiff moved for reconsideration of the July 23, 2010 order barring his expert. Pedersen cross-moved for summary judgment, contending that plaintiff should not be permitted to proceed against Pedersen at trial without an expert, as a jury would not have sufficient expertise, without testimony from an expert, to evaluate Pedersen's responsibilities as a subcontractor or to determine whether Pedersen had breached those duties. Shortly thereafter, March moved to dismiss plaintiff's complaint, asserting that plaintiff's claims were time-barred.
At the ensuing motion hearing on September 16, 2010, Judge David Rand denied plaintiff's motion for reconsideration of the order barring plaintiff's expert. The judge also granted Pedersen's motion for summary judgment and March's motion to dismiss. The judge entered three confirming orders the next day.
When denying plaintiff's motion for reconsideration, the judge reasoned that the "personal difficulties" plaintiff's counsel had experienced did "not amount to the extraordinary circumstances which can justify burdening . . . Pedersen" with a newly-named expert on the eve of trial. In reaching that conclusion, the judge rejected plaintiff's reliance on Tucci v. Tropicana Casino & Resort, Inc., 364 N.J. Super. 48 (App. Div. 2003), and Vitti v. Brown, 359 N.J. Super. 40 (Law Div. 2003), finding that the circumstances presented in each of those opinions were distinguishable from the facts before him.
The judge acknowledged that the deadlines established by the Rules of Court can be relaxed in appropriate circumstances, but noted that "there is a limit," and permitting plaintiff to serve Gallagher's expert report on Pedersen ten days before the scheduled trial date "would be grossly unfair, unjustified and a complete perversion of the [R]ules[.]"
Thereafter, the judge granted summary judgment in Pedersen's favor. The judge reasoned that because plaintiff's injuries arose from a construction site accident, any duty of Pedersen to supply harnesses or protective netting was so "clearly and totally beyond the scope of any common knowledge of the average [juror]" that expert testimony was required. Because plaintiff now had no expert, Pedersen was entitled to summary judgment.
Turning to March's motion to dismiss, the judge noted that March, who was the general contractor, was not named by plaintiff as a defendant "until four years after the accident," which was two years after the applicable statute of limitations had expired. The judge observed that "March was not a phantom general contractor," but was "present, openly, obviously, and consistently on the . . . project site," with a trailer bearing its name.
The judge also pointed out that in the certificate of insurance that Pedersen supplied to plaintiff in Pedersen's January 2009 answers to interrogatories, March was named as an additional insured. The judge found that after receiving the certificate of insurance naming March, plaintiff should have propounded interrogatories "to sort out the roles of [the] various parties, [who were] either in the case . . . at that time or could have been added in[to] the case promptly." Concluding that plaintiff "had an obligation to act with due diligence to attempt to identify the [culpable] parties," and had not done so, the judge granted March's motion to dismiss, finding that plaintiff's cause of action against March accrued on May 1, 2006, and yet, inexcusably, plaintiff did not file a complaint against March until more than four years later on May 27, 2010, two years after the statute of limitations had expired.
On appeal, plaintiff argues that the barring of his liability expert report constituted reversible error, as the "reason for the delay in providing the report was due to exceptional circumstances" in plaintiff's counsel's personal life, and the delay in serving Gallagher's report "was neither shown to cause any prejudice to [Pedersen] nor result in any sufficient delay of the trial." As to the judge's dismissal of plaintiff's complaint against March, plaintiff asserts that nothing in the discovery he received from the then-parties could reasonably have alerted him to "the identity of March Associates as a potentially culpable party until [the] deposition testimony [of Pedersen] on April 13, 2010," by which time "the statute of limitations had [already] expired."
We begin by addressing the order barring plaintiff's expert report, which we review for an abuse of discretion. Pomerantz Paper Corp. v. New Cmty. Corp., 207 N.J. 344, 371 (2011) (holding that an appellate court reviews orders relating to discovery for an abuse of discretion, and will defer to the trial court's determination of such matters barring the judge's mistaken understanding of the law).
We find no error, much less an abuse of discretion, in the trial judge's denial of plaintiff's last minute attempt to amend his answers to interrogatories by supplying Gallagher's expert report. Rule 4:24-1(c) prohibits extensions of time for discovery after an arbitration or trial date has been fixed absent "exceptional circumstances." After a trial date has been set, to establish exceptional circumstances, a party seeking an extension of time for discovery must show why the discovery was not completed on time; why the additional discovery is essential; why counsel failed to request an extension of time within the original discovery period; and, lastly, how the circumstances presented were beyond the control of the attorney seeking the extension of time. Rivers v. LSC P'ship, 378 N.J. Super. 68, 79 (App. Div.), certif. denied, 185 N.J. 296 (2005). Generally, an inexplicable delay by counsel to supply discovery in a timely manner does not constitute exceptional circumstances. Huszar v. Greate Bay Hotel & Casino, Inc., 375 N.J. Super. 463, 473-74 (App. Div.), remanded on other grounds, 185 N.J. 290 (2005).
We conclude the judge properly exercised his discretion. At the time plaintiff served Gallagher's expert report on Pedersen, trial was scheduled to begin a mere ten days later on May 16, 2010. That date was more than eighteen months after plaintiff served his answers to Pedersen's interrogatories on October 16, 2008. By the time plaintiff served Gallagher's report on Pedersen on May 6, 2010, the pretrial discovery period had ended fourteen months earlier, on March 16, 2009. The first time that plaintiff disclosed he would rely on Gallagher as an expert was January 18, 2010, ten months after the discovery end date.
To justify this violation of Rule 4:17-4(b) and to satisfy the "exceptional circumstances" requirement of Rule 4:24-1(c), plaintiff's counsel points to the marital difficulties he was experiencing during the years in question. As we have noted, the first time plaintiff's counsel mentioned these circumstances was May 5, 2010, more than a year after the pretrial discovery period had come to a close. In his May 5, 2010 certification, counsel confined his explanation of that situation to the following remarks:
[S]ince August 2009, I [have] been undergoing an intensely personal and difficult domestic situation that prevented me for a number of months from completing work on [my] files.
Counsel later certified that because of the "intensely personal" nature of the circumstances, he had not revealed this problem before May 2010.
It bears repeating that more than two years elapsed between the time counsel filed the complaint on plaintiff's behalf on March 10, 2008, and the time counsel served Gallagher's report on Pedersen on May 6, 2010. No matter how unpleasant counsel's marital life had become, counsel's May 2010 and July 2010 certifications failed to address, much less explain, why in the 787 days that elapsed after he filed the complaint against Pedersen he did not retain an expert and secure the report. Moreover, the letterhead of plaintiff's law firm, which is part of the record on appeal, reveals that plaintiff's attorney was one of thirteen lawyers in the firm at the relevant time. Counsel's certification fails to explain why he could not have asked one of his partners, or one of his associates, to take over the handling of plaintiff's file in light of his personal difficulties. In the end, however much as we might sympathize with plaintiff's counsel over the breakup of his marriage, those circumstances do not explain why securing an expert in a timely fashion was beyond counsel's control. Rivers, supra, 378 N.J. Super. at 79, requires such a showing, and plaintiff, or more particularly his former attorney,*fn2 has failed to provide it. We agree with the trial judge's conclusion that plaintiff failed to demonstrate the "exceptional circumstances" required by Rule 4:24-1(c) when a party seeks to reopen discovery after a trial date has been set.
Moreover, Rule 4:17-7 requires untimely requests to amend interrogatories to be accompanied by a showing of due diligence:
[I]f a party who has furnished answers to interrogatories thereafter obtains information that renders such answers incomplete or inaccurate, amended answers shall be served not later than 20 days prior to the end of the discovery period. . . . Amendments may be allowed thereafter only if the party seeking to amend certifies therein that the information requiring the amendment was not reasonably available or discoverable by the exercise of due diligence prior to the discovery end date. [(Emphasis added).]
No showing of such "due diligence" was made here. We concur in the trial judge's determination that the vague and conclusory statements in counsel's May 5, 2010 and July 13, 2010 certifications fail to address the requirements of Rules 4:17-7 and 4:24-1(c).*fn3
Plaintiff's reliance on Tucci, supra, 364 N.J. Super. at 51-52 is misplaced. There, unlike here, the expert report was produced a mere thirty-nine days after the court-ordered deadline, id. at 51, and the delay was, again, unlike the circumstances here, beyond the control of the plaintiffs' attorney because "[t]here were legitimate problems caused by the late submission to [plaintiffs] of the elevator maintenance records . . . as well as difficulties in arranging for the inspection [of the elevator]," id. at 52. Additionally, unlike in Tucci, where the report was served more than two months before trial, id. at 51, here by the time plaintiff submitted Gallagher's report, the trial date was a mere ten days away.
While it is true that the death of the plaintiffs' attorney's mother also played a role in our conclusion in Tucci that the trial judge erred in barring the expert report, id. at 51-52, that factor was but one of three upon which we relied. The principal reasons for the ruling in Tucci were factors outside of the plaintiffs' control, namely the difficulty in securing the elevator maintenance records and the problems in scheduling an inspection. The circumstances here are not remotely similar to those presented in Tucci. We affirm the order barring Gallagher's expert report.
We now address the judge's order dismissing plaintiff's complaint against March on grounds of the statute of limitations. "The statute of limitations sets forth the period of time within which a party may file a complaint." Szczuvelek v. Harborside Healthcare Woods Edge, 182 N.J. 275, 281 (2005). A personal injury complaint must be filed within two years of the date the cause of action accrued. N.J.S.A. 2A:14-2. "The fictitious party rule suspends the running of the statute of limitations when a plaintiff does not know the true identity of a defendant." Mears v. Sandoz Pharms., Inc., 300 N.J. Super. 622, 628 (App. Div. 1997). Rule 4:26-4, the fictitious party rule, provides:
In any action, . . . if the defendant's true name is unknown to the plaintiff, process may issue against the defendant under a fictitious name, stating it to be fictitious and adding an appropriate description sufficient for identification.
Plaintiff shall on motion, prior to judgment, amend the complaint to state defendant's true name, such motion to be accompanied by an affidavit stating the manner in which that information was obtained.
The fictitious party rule "stems from the courts' 'attempt to balance the defendant's interest in repose with the plaintiff's interest in a just determination of his or her claim.'" Mears, supra, 300 N.J. Super. at 628 (quoting Viviano v. CBS, Inc., 101 N.J. 538, 547 (1986)). As the Court explained:
Where . . . the plaintiff does not know or have reason to know that he has a cause of action against an identifiable defendant until after the normal period of limitations has expired, the considerations of individual justice and the considerations of repose are in conflict and other factors may fairly be brought into play. [Farrell v. Votator Div. of Chemetron Corp., 62 N.J. 111, 115 (1973) (emphasis added).]
A plaintiff is prohibited from relying upon the fictitious party rule when the identity of the defendant could have been discovered through the exercise of reasonable diligence. Ibid. Our decision in Mears, which applies this principle, is directly on point and is based upon nearly identical facts. In Mears, we affirmed summary judgment in the defendant's favor, finding that the plaintiff was unable to invoke the fictitious party rule, and that his claims were time-barred. Mears, supra, 300 N.J. Super. at 633. There, the plaintiff was an ironworker injured during a construction site accident when he fell from a building scaffolding. Id. at 625-26.
In holding that the plaintiff was not entitled to invoke the fictitious party rule, we observed that the plaintiff "knew or should have known [the defendants' identities], through the exercise of diligence . . . long before he claim[ed] that he did." Id. at 631. Our holding in Mears was premised on three reasons, id. at 629-31, which are equally applicable here.
First, in concluding the general contractor's identity was not "unknown" to the plaintiff, we noted that, in his deposition, the plaintiff had recalled that Walsh was a "'big name' in the contracting business," and that Walsh "had a trailer with its name on it at the [plaintiff's] job site." Id. at 631. We noted that, for that reason alone, the plaintiff was disqualified from invoking the fictitious party rule. Ibid.
Here, as in Mears, plaintiff, who was an experienced construction worker, had actual notice of March's presence at the job site. As in Mears, supra, March had a large noticeable trailer on the construction site, and advertised its presence with a "huge sign" bearing the name "March Associates." Because the site was "landlocked by . . . forest," workers arriving to the site each day, such as plaintiff, would have to pass the sign bearing March's name. As we observed in Mears, such notice would, alone, be sufficient to preclude plaintiff from invoking the fictitious party rule. Id. at 631.
Second, in Mears, we held that, even if the plaintiff had not known the general contractor's identity before filing his complaint, he "should have known" Walsh's identity through an exercise of diligence. Ibid. We stated:
[A] simple inquiry to [the premises owner] or Walsh itself would have revealed that Walsh was indeed the general contractor on the job. . . . [N]othing . . . show[s] or even suggest[s] that [the] plaintiff could not have obtained th[is] information from [the premises owner] or [from] Walsh. . . .
[I]f plaintiff had made a simple inquiry at the job site . . . he would have learned that Walsh was the general contractor. [Id. at 631-32.]
Here too, basic follow-up or a preliminary investigation would have revealed March's identity. In the police report filed on the date of plaintiff's injury, "Kevin Perrier," March's construction superintendent, was one of only three persons identified by the detective as present at the site when plaintiff was injured. While the report evidently contained a minor misspelling of Perrier's last name, which is correctly spelled "Perriet," the report provided his address, cell phone number, and date of birth, so that plaintiff's counsel could easily have telephoned Perriet, or sent him a letter asking him to identify his role on the project, or the name of his employer. Additionally, before the statute of limitations lapsed, plaintiff could have served a demand for the production of documents, requesting that Pedersen supply all contractor/subcontractor agreements between Pedersen and its subcontractors on the project. Instead, plaintiff did nothing after serving his initial interrogatories on Pedersen.
Further, in Mears, in concluding the general contractor's "identity . . . was quite easily discoverable," so as to preclude the plaintiff from invoking the fictitious party rule, we reasoned that, if the plaintiff's counsel had simply reviewed two documents provided in discovery, he would have seen Walsh's name, as it "conspicuous[ly]" appeared on the documents' face. Id. at 632 (citation and internal quotation marks omitted).
Here again, as in Mears, March's identity was easily discoverable had plaintiff reviewed the one-page certificate of insurance, where March's name conspicuously appeared on the face of the document. The one-page certificate listed Pravco as the insured and, specifically identified "March Associates Construction, Inc." as one of the "additional insured[s] as per the written agreement." We recognize that by the time plaintiff received Pedersen's interrogatory answers, the statute of limitations had already run against March, but this was a risk plaintiff took by waiting until two months before the statute of limitations expired to file his complaint.
We do not disagree with plaintiff's contention that Pedersen should have named March in answer to plaintiff's interrogatory question number four, which asked Pedersen to provide the names and addresses "of all persons who have knowledge of any relevant facts relating to the case." Pedersen's answer to interrogatory four was: "The parties, their representatives and/or employees, all treating and examining physicians, all responding and investigating police officers and all such person[s] named in discovery, and all such persons that continuing discovery and investigation may reveal." However, by the time plaintiff received Pedersen's interrogatory answers in January 2009, the statute of limitations had long since run against March. For that reason, we reject plaintiff's contention that he relied to his detriment on Pedersen's interrogatory answers.
We conclude that when viewed in the overall context of the information available to plaintiff before the statute of limitations expired against March in 2008, plaintiff had more than ample facts at hand to identify March as a party before the two-year statute of limitations elapsed. Had plaintiff contacted Perriet, who was identified on the police report as the "construction super," plaintiff would have learned that March was the general contractor on the project. Plaintiff would then have been able to institute suit against March before the statute of limitations expired.
Yet, even though the information pertaining to March was readily available before the limitations period expired, plaintiff made no attempt to identify March. Because plaintiff failed to name March as a defendant before the statute of limitations expired, and because plaintiff failed to exercise the diligence required to invoke the fictitious party rule, the judge properly granted March's motion to dismiss. A party who waits until two months before the statute of limitations expires to serve his complaint and his initial interrogatories, and who waits three years and eleven months after the date of the accident to take the deposition of the adverse party, and only then learns the identity of an additional defendant, does so at his peril.
As he did in connection with his challenge to the barring of Gallagher's expert report, plaintiff again argues that his lawyer's unpleasant personal circumstances should excuse any deficiencies in counsel's investigation concerning March or in counsel's efforts at pretrial discovery. We need not repeat our conclusions on that subject. Suffice it to say, we do not agree that counsel's marital problems excuse such pronounced inattention to the file. We affirm the order dismissing plaintiff's complaint against March.
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November 28, 2011
REGINALD F. COWAN, PLAINTIFF,v.MEARL J. JUSTUS, PHILLIP L. MCLAURIN, ST. CLAIR COUNTY, ILLINOIS, AND JENNIFER RUDE-LITTLE, DEFENDANTS.
A former detainee in St. Clair County (Illinois) Jail, Reginald Cowan filed suit in this Court under 42 U.S.C. 1983, alleging violations of his constitutional rights during his lengthy pretrial detention. His claims focused on the conditions of his pretrial confinement, specifically including denial of access to meaningful exercise. Cowan's original complaint named four Defendants: (1) Mearl Justus, the Sheriff of St. Clair County; (2) Phillip McLauren, the Jail Superintendent; (3) Health Care Unit Administrator Jane Doe; and (4) St. Clair County. "Health Care Administrator Jane Doe" was later identified by Cowan as Jennifer Rude-Little, and she was substituted via amended complaint.
In a threshold review Order pursuant to 28 U.S.C. 1915A, the undersigned Judge dismissed Count 2 of the complaint (containing claims based on state law) and allowed Count 1 (containing the federal civil rights claim stemming from denial of all access to exercise while in pretrial detention) to proceed against the four Defendants.
On May 12, 2011, Defendants Justus, McLaurin,*fn1 and St. Clair County moved to dismiss this case based on Cowan's failure to exhaust administrative remedies prior to filing suit, as required by the Prison Litigation Reform Act, 42 U.S.C. 1997e(a). On June 29, 2011, Defendant Rude-Little moved for summary judgment on the same ground -- Plaintiff Cowan's failure to exhaust administrative remedies.
The Honorable Stephen C. Williams, Magistrate Judge, submitted a Report and Recommendation on November 2, 2011, recommending that the undersigned District Judge DENY both dispositive motions, based on the conclusion that the St. Clair County Jail "did not maintain an adequate process of administrative remedies," and Plaintiff "Cowan attempted to exhaust those processes that were available" (Doc. 40, p. 2).
The Report and Recommendation was sent to the parties along with a Notice plainly advising that any Objections must be filed within 14 days of service, and failure to file such objections "shall result in a waiver of the right to appeal all issues, both factual and legal, which are addressed in the Report and Recommendation/Proposed Findings of Facts and Conclusions of Law" (Doc. 40-1). A second docket entry notified the parties that Objections were due by November 21, 2011.
As of November 28, 2011, no objections were filed by any party. Accordingly, pursuant to 28 U.S.C. 636(b), the undersigned Judge need not conduct de novo review of the Report and Recommendations. 28 U.S.C. 636(b)(1)(C)("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made."). See also Thomas v. Arn, 474 U.S. 140 (1985); Johnson v. Zema Systems Corp., 170 F.3d 734, 741 (7th Cir. 1999); Video Views Inc., v. Studio 21, Ltd., 797 F.2d 538 (7th Cir. 1986).
No objections have been filed to the Report and Recommendation submitted by Judge Williams on November 2, 2011. The Court hereby ADOPTS that Report in its entirety (Doc. 40), and DENIES Defendants' motions to dismiss (Doc. 20) and for summary judgment (Doc. 27).
Michael J. Reagan United States District Judge
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DHUnplugged #200: Markets Have Jumped The Shark
October 30, 2013 1:32 pm
Plenty of negative headlines around and that is not so good for investor/consumer confidence. The U.S. is on the verge of a rating downgrade of the bozos in Washington don't get their act together. A good amount of stocks discussed and the earnings picture…
Happy 200th!
This week's Closest to the Pin contest winner within just 1 cent away was Cody H. (Andrew tied with Cody)
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Disclosure: Horowitz & Company clients may hold positions of securities mentioned as of the date published.


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Skip to comments.Wendy Davis has no future in politics
Posted on 01/24/2014 12:48:22 PM PST by servo1969
Want to know why Wendy Davis will have trouble winning higher office in Texas or anywhere else in America? Its not because she stretched the truth in her from mobile-home-living single mom to Harvard Law grad campaign biography, nor because her husband paid for her education, nor even because she placed a lot of value on her career.
Nope: Its because Davis, the Lone Star State senator who became famous for her filibuster of an abortion-limiting bill in Texas, lost custody of her children to her ex-husband.
A few years ago, one of my guy friends was dating a woman who didnt have custody of her child. Every one of this mans female friends told him to run. The fact that she would either willingly give up custody or that a judge would deem her unworthy of even joint custody raised alarm bells.
Feel free to call it sexism, if you want. But its a double standard that I dont expect will change any time soon.
Americans will forgive a lot in a politician. But a woman who leaves her kids is just beyond the pale.
(Excerpt) Read more at nypost.com ...
From your mouth, to Allah's ear, as the saying goes...
There. Fixed it.
Fearless prediction: As her poll numbers crater, Davis will soon hold a press conference to denounce all those who oppose her. Her argument, in a nutshell, will be " I could have had TWO abortions. But I didn't. See there, I'm actually pro-life. So shut up."
For later
We all profile. Every single one of us. We do it after we learn our first lesson in life.
Who in this world does not know that a Woman's most sacrid thing in this world are their children?
So yeah, when a round healed, gold digger walks away from her own flesh and blood EVERYONE knows she is a Head Case.
All her actions afterwords only reinforces it.
I wouldn't bet the farm on it. Maybe not in Texas, but she could move to Massachusetts, lie about her past, and win elections, just like Warren did.
You just gave her campaign and idea...
"Americans will forgive a lot in a politician. But a woman who leaves her kids is just beyond the pale."
But apparently there are many Americans that approve of her ABORTING her babies and would consider her doing that a heroic act.
Agreed. She'd be welcomed with open arms in NY, MA, RI, CA etc.
If Massachusetts takes her in, they deserve what they get...A Rhode Island RAT run out of Texas!
Bull. This might hurt her in flyover country, but in Commie America, it would be considered resume enhancement.
This is an interesting idea. I never thought about it from that angle.
I wonder why no one is asking about her claim that an editorial caused her to have psychological problems. What were the problems? Does she still have them? How fragile is her mental health?
>> But a woman who leaves her kids is just beyond the pale.
Leaves or kills.
I don't know.
I can't think of one single femi-nazi politician who has gone public with their abortion story. I'm sure there are some out there who've had them, but even they have enough sense to keep that to themselves.
Now Wendy? It's clear that she quit on the two children she did give birth to. I wonder how many she has aborted?
Based on her pro-abortion record, and her lies regarding her family history; Id say a direct campaign question to her about the number of abortions she's had would be quite fair and relevant.
The media roasted Sarah Palin for being a "quitter"
Where are they now when Davis quit on her own children?
"Bull. This might hurt her in flyover country, but in Commie America, it would be considered resume enhancement. "
Texas ain't commie Amerika.
"Who in this world does not know that a Womans most sacrid thing in this world are their children?"
My ex-wife. And that's one of the many reasons I got full custody and raised our child without her.
Society trashes men as sperm donors. I'd contend there are plenty of women who at best are egg donors and have absolutely no business raising kids. Many of them don't want to. Thus, the abortion industry continues to profit from murder.
If I understand it correctly, the older girl was not even the biological daughter of wallet #2. So unless Wendy "Baby Killer" Davis told the judge "I don't want the kid", she would have gotten custody.
And sorry ladies, but the way the courts work, the woman gets primary custody by default. A man is lucky to get weekly visitation, if the mother doesn't want him to.
Nice catch. One could wonder of her mental state of mind, by her own public testimony to the court. Interesting it has been passed over, but Republicans are so very polite when it comes to push back.
I agree that Wendy Davis is finished and precisely because she gave up her children. However I also believed a while back that Bill Clinton couldn't possibly survive in office after being exposed as a pervert and perjurer.
I just read on that other site that she was a Republican. Was she?
Amber the older daughter was 23 years old at the time of the divorce to
Jeff Davis thus not an issue of custody.
I'll believe she has no future when SNL does a skit about her. Her background is fertile ground for mockery.
SNL will never do it.
Sorry, but that is not always the way the court goes, it depends on the judge.
My ex cheated on me with another woman and the judge came thisclose to giving custody to my ex, because then my son would be raised in a two parent household, with his dad and the girlfriend.
I just read on that other site that she was a Republican. Was she
Davis ran and was elected to the Fort Worth city council claiming to be a
republican but the seat is nonpartisan. She claims to have voted in the GOP
Primaries during that time. When she later ran for State Senator it was
as a democrat.
A deeply disturbed woman, prime candidate for progressive insanity.
Here's a good background on her by Wayne Slater, DMN
Her fundraising would skyrocket, the liberal media would circle the wagons even tighter, and her new "sexual identity struggle" would explain away all her past lies and failings.
Suppose she might be an Indian too?
Windy: "What difference do these children make?"
Not to mention the restraining order the custodial hubby had to get in 2003. (In that order, the judge ordered that Wendy Davis be immediately restrained from . . . using illegal drugs or consuming alcohol within 24 hours before or during the period of possession of or access to the child.)
Buh bye, Windy...we barely knew ye.
It's one thing to not have custody of the child you had with your spouse after a divorce, its a whole and completely different story when the child you had to another man before you even met the man you divorced was in the pictured winds up in his custody as well.
She has no future in any sort of politics beyond trivial local arena nonsense.
It is true, a woman not having custody of her child, in at least a shared or joint sense generally means she's a train wreck or was at least, prior and during the divorce. Divorce law in the united states is so insanely weighted toward maternal custody that joint/shared custody is best a father can even hope for in most cases. She either has to willingly give up custody to him or basically be proven to be such a bad mother than the state would have taken them off her anyway for the father to wind up with sole and complete custody.
Yes, I know there are edge cases out there, but they are incredibly incredibly rare, the courts bend over backwards to give the mother every benefit of the doubt in custody matters during divorce.
I am hard pressed to think of a case where a father is the custodial parent of a child born before he was ever in the picture prior to a divorce. I know there are cases like this, but for a judge to grant sole custody to a person over their biological parent is just insanely rare.
As I said, for a father to get sole custody, let alone a non biological parent to get sole custody over a biological parent, the mother had to have been a train wreck during the divorce. Combine that with the fact they were BOTH lawyers, so could litigate if they wanted to virtually for free if they wanted to.... No way She can spin this in a way that makes her look good.
But you can have post birth abortions like I did!
That is a more important question; what is her mental health general history and present status? Normally, its none of our business, but if you plan to hold office, the voters i.e. possibly your future employers, should know in general what to expect. Is she prone to becoming immobilized by depression, is she usually in a slightly delusional state of mind, has she shown evidence of paranoia, habitual lying or perhaps kleptomania? If this were a republican they would be asking a lot more and implying a lot more than this.
Amber the older daughter was 23 years old at the time of the divorce to
Jeff Davis thus not an issue of custody.
so, America will readily forgive a woman who aborts her pre-borns (and advocates others doing that same) but won't forgive a woman who gives up custody of those who were born. Unfortunately, all too true.
Now wait just a doggone minute. What'd I go and do now??
I read somewhere that this writer did a lot of work to shred W Bush. What made him throw a few sharp elbows at Abortion Barbie? Did his journ-0-list subscription expire?
I absolutely love this article. It is brutally honest, which is great.
Wendy Davis is the Meryl Streep character from Kramer vs. Kramer (who was the villian, btw) without any of her remotely redeeming qualities.
Ooops...sorry about that ;-) I'll try to stop doing that!
That's silly.
The child was already older (16 I think) and neither parent was contesting custody
The decision was probably based on wanting to stay in her school district or in the same home or close to friends etc. It's not like she was little. By 18 she custody would not be an issue anyway.
People who divorce with older kids make custody decisions entirely differently than those with young children.
People who write stuff like this have their own agenda and are undermining the real issues which are:
1. She misrepresented herself to voters on numerous occasions.
2. She supports unlimited abortion.
Ah, so Wendy secured college tuition from wallet #2 for her first daughter as well. Very slick.
That's so right; if AR can gloat in clintoidism; TX can covert to the "New Davis".
If she voted in a Republican primary, she was automatically a "Republican" for the following two-year period. And couldn't even change parties until the next even-year primary
Ah, so Wendy secured college tuition from wallet #2 for her first daughter as well.
I don't know the financial arrangement of the schooling. But keep in mind Amber
turned 18 in 2000. The mom graduated from Harvard in 1993 and began her law
career. In addition her and Jeff started a Title Co. So apparently she was
contributing to the family finances. I'm not sure when the Amber graduated from
college. It may have been after the divorce was final in 2005.
I just default to thinking the worst of Democrats. It saves time and I'm so infrequently wrong that it's not worth waiting.
Yes, until she opens her mouth...
Once that Texas drawl comes out every elitist, snobby, Northeasterner will think she is just a dumb uncouth southern Texas hick...
That Boston to DC population think the whole freaking country except for them are a couple steps over retards...
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text:
Skip to comments.First Batch of Hawaii Petitions to be mailed this week
Posted on 02/23/2010 3:20:12 AM PST by 1234
...On July 27, 2009, Dr. Chiyome Fukino, Director of the Hawaii Department of Health, made an unprovoked public statement about Barack Hussein Obamas birth and citizenship status. Since that time, neither she nor the Health Department has released any meaningful index data to substantiate the claim that Obama is a natural born American citizen.
While birth certificates are protected by privacy laws in the state of Hawaii, the Uniform Information Practices Act, Section 92-F12, mandates that (15) Information collected and maintained for the purpose of making information available to the general public must be released upon request. Therefore, when Dr. Fukino voluntarily made her public statement regarding Obamas status, her department became obligated to release the backup information used to prepare it. To date, Hawaiian officials have refused to provide any correlating evidence used to craft Dr. Fukinos public statement.
(Excerpt) Read more at thepostemail.com ...
Never going to happen. Our entire government and media is involved in the coverup of who the usurper really is and are too terrified of someone or something to push the issue.
In the spirit of Mark Levin, I'd like to put this in military terms.
We are in an era of Wild West free speech, what Drudge had the vision to call "the din of small voices". It's a war of rapid maneuver where EVERYONE is in a high tech fighter jet. It's a day-and-night dogfight in the heavens that never rests. This new war of words demands more self-initiative. Too much control from high command can lead to disaster. Generals make the mistake of thinking backwards and fighting 'the last war' with battleships rather than carriers, and today we are blessed with freedom of speech beyond our founders' comprehension. Use it or lose it. Everyone must get smarter — everyone — like the Israelite warriors of eld: fight the enemy as though you must defeat them by yourself. [A good example is what O'Keefe did to ACORN.] What is a general to do? Train and inspire your officer "corpse". Encourage initiative. Take a bright light or two under your wing. As for the fighter pilots — use your specialties. Perhaps you should create new specialties for yourself. What does this forum need more of?
The three communication frontiers. How do you ...
A. ... grab peoples' attention?
B. ... convince others to see things your way?
C. ... inspire those who agree with you?
All three legs are important for the stool. Hyper-caution is not the answer to "A". And "B" requires a reasonable understanding of human nature. Like a winning team that drains the clock, conservative leaders excell at certain aspects of "B". They have traditionally held their punches and played it safe. [I offer the Sandy 'Bergler and crack pardon examples at the bottom.] Such a strategy has helped them survive in the past, but can they adjust quickly enough to modern times? Just look at the last race. I doubt an astro-turf campaign would have achieved much if it hadn't been for two things: after being saddled with RINO McCain by crossover primary votes, we were next ambushed by an economic meltdown [arguably orchestrated].
High funded leftists undoubtedly have future surprises in store. Example: Glenn Beck recently learned that Obama is following the FDR strategy of targeting his Stimulus slush fund in key districts and states. We can't afford to strive for a small lead anymore. We need to maintain a BIG lead. We must crush and demoralize. We must expose them completely and undermine base support. This is no game — this is for keeps. Objective: destroy the DNC.
Carriers, Not Battle Ships
Rush Limbaugh is not a battleship — he's an aircraft carrier. Fighter jets need a place to land, a group to 'belong to'. That's what EIB is. That's also what this great forum is. You must be selective. Some jets carry faulty bombs. A racist is flagged off ASAP. No permission granted to land. What about weed smokers? Welcome to land. Savage fans? Welcome to land. Boortz fans? WND fans? Birthers? After-birthers? Conspiracy theorists? Pro-aborts? Evolutionists? Creationists? Mormons? Hindus? Even muslims. All are allowed to post here. Why? Contrary to RINO-speak, the real "big tent" is intellectual. The more jets aboard, the stronger the carrier. We just don't want any faulty bombs going off.
Some carriers are in hotter theaters than others. A politician, for example, has to run a tight ship with more control. She hires her political scientists and plans operations closely. Here is what I find heartening ...
Sarah Palin: "Palling around with terrorists." That's right, Sarah! My jet can bring some powerful bombs to support the USS Palin — Bill Ayers bombs are like daisy cutters.
Hayworth vs. McCain:
JD Hayworth says Obama birth certificate an 'identity theft' issue
"McCain also frowns on Hayworths getting mired in the debate over President Obamas birth certificate."
Where do the "birther jets" land in Arizona? What about the "after-birther" jets? Who gets mired? It depends on YOU. For after-birthers, what trumps what? Borders, free speech, and cap & tax versus a guy who made a "horrible birther" remark?
Like the Parable of the Monkeys [with fire hose and taboo bananas], some will try to keep us in a bunker, remembering decades past when the truth was too dangerous to mention.
The Parable of the Monkeys [with fire hose and taboo bananas]
"Suspended at the top if the cage was a bunch of bananas. There was a ladder from the floor of the cage up to the bananas. One of the monkeys, who was both clever and agile and also liked bananas, decided to head up the ladder ..."
Regarding Certifigate:
Joseph Farah: "I say, if it's been settled show us the birth certificate. Simple."
[Regardless of the man, what about the words? Does anyone honestly think those words are unreasonable?]
Poll — 58% of Republicans question Obama's Constitutional Qualification
[I agree that a KOS poll isn't the most accurate, but it's the only one I know of reg. republican %.]
Maelstorm: "There is no need for Glenn Beck, Breitbart, or anyone to defend a President who refuses to release his education records, his medical records, and yes he still hasnt released a long form birth certificate."
CaptainK: "All jobs require detailed information about your past. Why should the most important job in the nation get a pass?"
Some people say that other issues are bigger fish to fry, such as nationalizing entire industries.
Uncle Chip: "Do you see a connection between overlooking this little "technicality" [certifigate] and his takeover of private industry??? Unlawful does as unlawful is." [Bingo. Thats why conservatives end up uniting if they think hard enough.]
Obama Trusters should be proud to be on the side of el McCain. McCain tries to belittle Hayworth for standing for the truth. Im glad that I see eye-to-eye with Hayworth on this matter [as with every other matter I know of]. Are we to throw Hayworth under the bus? And protect McCain? Mock truth, and there's no telling who you might hurt.
Unity will never be brought through allowing the left to divide us, and RINOs are delighted to throw conservatives under the bus. McCain is typical of that — cussing out conservatives like a sailor and at the same time, he bows and scrapes like a toady at the leftist court. Creeps like him thrive from internal discord.
- - - -
I'm a birther? Yeah, I'm pro-motherhood. I'd be embarrassed trying to call people 'birthers', the perfect word for anyone who thinks birth is obscene and abortion is cool. That said, I'd rather be a birther than a sucker [who gives cover to brain suckers, partial birth abortion].
Some people tell us to focus on other issues. I would rather they said prioritize. Focus means telescopic site, which is lousy when you have a lot of moving targets.
- - - -
Next post coming ... the nitty-gritty.
Obama, the Mystery Man.
He's too secretive. He might be other peoples' president, but I don't think of him as mine until he proves he's constitutionally qualified.
Tigerseye has a list of just how secretive the left's president is:
0bamas hidden records: Why are these off limits?
1 Certified copy of original birth certificate
2 Columbia University transcripts
3 Columbia thesis paper
4 Campaign donor analysis requested by 7 major watchdog groups
5 Harvard University transcripts
6 Illinois State Senate records
7 Illinois State Senate schedule
8 Law practice client list and billing records/summary
9 Locations and names of all half-siblings and step-mother
10 Medical records (only the one page summary released so far)
11 Occidental College Transcripts
12 Parents marriage Certificate
13 Record of baptism
14 Selective Service registration records
(Did Obama Actually Register for Selective Service? This supposed revelation of 0's SS records has been debunked. Check with tigerseye who showed me this list.)
15 Schedules for trips outside of the United States before 2007
16 Passport records for all passports
17 Scholarly articles
18 SAT and LSAT test scores
19 Access to his grandmother in Kenya
20 List of all campaign workers that are lobbyists
21 Punahou grade school records
22 Noelani Kindergarten records are oddly missing from the the State of Hawaii Department of Education.
23 Page 11 of Stanley Ann Dunham's divorce decree.
24 Why did Barack Obama resign from the Illinois bar and where are all of the relevant documents?
25 Why did Michelle Obama resign from the Illinois bar after only about four years of practice and where are all of the relevant documents?
[Compare this with someone's background check to visit the White House or to work in a missile plant.]
- - -
Zero has chosen a very interesting law firm to represent him in certifigate:
Perkins Coie
"The firm has successfully navigated close elections for Minnesota Senator Al Franken [recounted until it was 'right'], Washington Governor Christine Gregoire and helped bend [break] election laws in New Jersey to benefit Senator Frank Lautenberg in 2002."
"New Coach" Comparison:
Such a question to remain festering is inexcusable in a leader. A team sees some guy walking into the locker room claiming to be their new coach. Next to the 'coach' is a mobster and a thug [Ayers and Rezco].
How much should they trust this 'coach'? Is it their fault if they wonder?
The coach says, "I was sent here by the other team." [Annenberg vetting Obama]. Such 'leadership'.
The [Terrorist loving] Hippies Who "Certified" Obama
Obama was vetted by Annenberg. But they have a history of being cronies and sugerdaddies for Obama AND unrepentent terrorist, Bill Ayers. Obama and the terrorist had Annenberg offices near each other. Annenberg is the best the DNC could come up with to vet their candidate or Commander in Chief. Bill Ayers was a sworn enemy of US soldiers.
[And that's just the tip of the iceberg. There is a huge army of intellectuals who signed a petition on behalf of the unrepentent terrorist. Bill Ayers, the bomb terrorist who recently said he "didn't do enough", and exhaustively reported to be the ghost writer and friend of Obama.]
Yeah, so don't vet a DNC candidate unless you are his sugardaddy and crony with terrorists.
- - -
The coach hires a lawyer to hide his past from the team.
*** Note that not all of Zero's law tab to Perkins Coie is related to certifigate. ***
Obama law tab up to $1.4 million
"He used DOJ attorneys! These attorneys are paid by the U.S. taxpayer! And...He distracted these DOJ attorneys from the important work of keeping Americans safe!" — wintertime
Not that the actual amount matters. McCain showed his birth certificate and that ended the controversy. Perhaps a lawyer would want someone to stay in the bunker, but this is our nations leader and our militarys leader. He must EARN our trust and respect. Only a dictator can demand subservience.
- - - -
Some reasonable critics of 'birthers' try to alienate our most extreme elements. That is a good thing. We must thin the herd. So long as the critics are respectful toward reasonable certifigate hawks, I will attempt to be the same. But then there are the snarky "dignity imps" who are more worried about their image than the truth. They impishly pile on like sidekicks of a bully. They fear being on the losing side. They calculate. And they will never get along with hardworking conservative muckrakers.
Not knowing it, the sarcastic "Dignity Imps" are like a coward in the foxhole who stabs his buddy in the back and surrenders. Either that, or he's a hideous combination of mental laziness and self righteous judgmentality.
- - - -
To understand why conservative leaders act so strangely about BO's Certifigate scandal, you need to first understand history.
No Jail Time for Sandy Bergler
The American Spectator : Code Word Bergler
Politics of the past — President Bush [God love him] was giving the democrat party life support. Truth was "too dangerous to touch". What is the thanks Bush gets? A vice president Biden who wants to hold war trials for the previous administration. Don't play with rattlesnakes — end their ability to harm you. Defang them, even if it means their political destruction.
Did you ever hear the great uproar by the GOP over Clinton pardoning a crack dealer for cash?
Another Pardon, Another Controversy
Hugh Rodham [Hillary's brother] received a contingency fee in connection with a pardon ... a scheme to distribute 800 pounds of crack cocaine [snip]
Imagine if Bush had pardoned a crack dealer for cash. How quiet would the DNC and the Drive-bys have been about it? The RNC is so issues-focused, they are obsessed about giving the DNC cover. Its apparently been that way ever since Joe MacArthy. Conservative leaders have always held their punches. They rationalize away their fear. Back in William F. Buckley's day, that was necessary. It's a different world now with copy-paste, Control + A — web-communication and twitter.
- - - -
A deeper look at certifigate:
WND's archive of news reports on Certifigate
Recent Link Blasts on Certifigate by SatinDoll:
Root Link for Feb 2010:
Excellent Post. Long but well worth the read. Thank You.
If the truth is/was that BO is/was constitutionally ineligible, it'll someday "bubble to the surface" ; and what a "movie of the week'" that'll make....
When, not if, the information becomes public, that Bowrama is not a natural born citizen, Beck, O'Reilly, etc. will be eating words!
The citizens of Hawaii will need to change the Government, who will direct bureaucrats to perform their duties
Thank you for the kind words, FRiend.
That is true, until Obummer becomes too big of a cost to the Democrat Party. I've predicted that in the Spring, it'll be the Democrats calling to see Obummer's birth certificate. I may be wrong, it may take until after the coming electoral implosion of the Dems in November.
I was thinking about that yesterday. Two of my kids came home, discussing lessons on George Washington, and Abraham Lincoln. I thought about it a minute, knowing the place of Lincoln's birth, he went to school, then law school (where we have papers, decisions, court records of him practicing); then George Washington and the 'cherry tree story' (which is probably false, but a good story), but you still know about his birth, his growing up, school, friends, papers etc.
This was 150-200 years ago.
However, someone born less than 50 years ago, and there seems to be no 100% bullet proof identifying trace of him, and he's not the President.
Just amazing to me.
She opened her big mouth. Make her now put her documents where her big mouth was --
Maybe -- Maybe Not. But we have to do our part in order to get them to either do their legally required duty, or force them to come to grips with the source of their cowardice.
Regarding the overall strategy of muckraking conservatives:
[Please note post 3]
Anti-establishment people have always been the strategic allies of conservatism. They mistrust big government. They embrace freedom: the right to free speech, the right to bear arms. If anti-establishment muckrakers don't belong with conservatives any more, many will find other places to belong, like militia groups. Shutting them out would be foolish.
I remember the early days of this forum. Militia groups tried to infiltrate us and take us over. We countered that we could take on big government through free speech and political activism. I'm speaking from at least some experience on this. I believe we re-channeled negative energy into positive use. Anti-establishment people need to be finessed, not battered with a sledge hammer.
Wow, quite a way of looking it it! I'll quote you some time. FRegards ....
You may be onto something.
Birthers are Pro-Life -- Pro Life for our Republic -- Pro_Life for our Constitution -- Pro-Life for the weakest amongst us -- Pro-Life for our future.
Afterbirthers are Pro-Abortion -- Pro-Death of our Republic -- Pro-Death of our Constitution -- Pro-Death for the weakest amongst us -- Pro-Death for our future.
Deuteronomy 30:19
Right you are, Uncle Chip. And if you look at two different news sources, Drudge and WND, who fights harder for life? Hands down, WND. God bless Drudge too. But WND is avidly pro-life and "birther". Boortz is pro-abortion and after-birther. It often fits, but not always. It's a matter of odds, the people who dominate the after-birthers and the leading 'birthers'.
If I remember correctly, Cricket was the one who helped me brainstorm that response. Mainly his brain that came up with this.
Is it any coincidence that the One who came to power by aborting Article II of the Constitution and subsequently sending out minions of pro-abortion Afterbirthers to try to stomp on its lifeless remains so as to destroy all remembrance of its existence is also the most Pro-Abortion occupant to sit in the Oval Office???
I agree. People who do not value innocent life are fundamentally flawed. Single issue voters on innocent life have a point, don't they?
Thanks - It just amazes me - seriously. Think about the documents we have of Jefferson, Washington, Adams. Heck, think about the Puritans, William Bradford, the Allen brothers.
We've got photographs, letters written to family, diaries, etc.
These are over 100 years old. Yet, in the time of 8mm film of Kennedy's assassination, we have no 'home movies' of Obama. We have pictures of Pancho freakin' Villa, Sitting Bull, Robert E Lee, but nothing that seems to be 'clear-cut' and 'undeniably original and untampered with' of our 44th president. I just find that astonishing. It literally seems as if he 'just sprung up'.
It reminds me of the Bourne series of fake ID's, and back-stories/histories of false identities.
Great post and thanks for *ping! Just listening to Rush who announced that Mitt is supporting MCain. (So pathetic; perhaps he thinks this will put him on 'Sarah's side'. Don't know. J.D. has a hill to climb; hope all the 'real Repubs' in Arizona rise to the occasion and send J.D. off to to Washington. For all the talk; hope it 'walks' in Arizona. ) Hmmmm. . .truly, a great deal of work to be done.
I meant to say government leaders.
For the record, the "index data" that Hawaii law requires be released consists of type of vital document, name of person on the document and the gender of that person.
"Haw. Rev. Stat. §338-18(d) states, Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
Index data consisting of name and sex of the registrant, and type of event is made available to the public. The director, in accordance with HRS §338-18(d), has not authorized any other data to be made available to the public.
Index data referred to in HRS §338-18 from vital records in the State of Hawaii is available for inspection at the Department of Healths Office of Health Status Monitoring at 1250 Punchbowl Street in Honolulu. The public will be asked to provide identification and sign in to inspect the names and sex of all births, deaths and marriages that occurred in the state. Data are maintained in bound copies by type of event with names listed alphabetically by last name.
The Hawaii State Health Department has already released the statuatory required "index data": birth record, Barack Hussein Obama II, male.
It's ok. Remember those recent times when the Republicans had power in the Presidency and/or the house? They made lots of headway in getting abortion banned. Make sure to vote for them the next time, I'm sure they'll try reeeeeaaal hard to get abortion banned properly.
It is creepy.
Regarding Romney and el McCain — the good news is that we can clearly see who the insider and the outsider is. Hayworth is the outsider. Further, like Rush said, Romney showed us something about himself. I had liked Romney, but this helps me believe his critics.
The RINOs are the only problem with the GOP. Where have you been? Check out the voting records.
Believed the critics; and 'still' liked him/lol and with these folks making 'family'; why not?/sigh . . .So there is McCain; with Mitt and Sarah. . .and Scott Brown cheering.(I know; I know; it's politics. Still; I don't like the picture).
Beyond Sherrif Apaio; just who is going to be at J.D.'s side?
JB Williams
Canada Free Press
Every member of the Supreme Court, every member of congress, every member of the Joint Chiefs, most members of the DOD, CIA, FBI, Secret Service and state run media, ABC, CBS, NBC, CNN, PBS, NPR, MSNBC, Fox and print news, knows that Barack Hussein Obama does NOT meet Article II Section I constitutional requirements for the office he holds. By his own biography, there is NO way he can pass the test. The hard evidence is so far beyond overwhelming, it is ridiculous.
But not ONE member of Americas most powerful people will dare confront Obama and his anti-American cabal on the subject. The Constitution does NOT stand.
Half of the people you expect to stop this insanity are quiet co-conspirators in the silent coup. The other half is paralyzed by fear, motivated only by political self-preservation.
Americans keep asking what they can do because they see that none of their leaders are doing anything to stop the demise of their beloved country. Its the right question, because those leaders are NOT going to stop this thing.
A brave few This is how it was in the beginning, how it has always been and how it will be.
DR. ORLY TAITZ, Phil Berg and Gary Kreep, ALL OF WHOM HAVE MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP.
A PRECIOUS FEW, BUT THEY EXIST and the walls are indeed closing in on Obama and his evil cabal. IF THE AMERICAN PEOPLE FAIL TO GET BEHIND THESE BRAVE FEW WHO ARE SEEKING PEACEFUL REDRESS, ALL THE PEACEFUL OPTIONS WILL EVAPORATE AS IF THEY NEVER EXISTED. WE WILL RETURN TO A PRE-1776 AMERICA OVERNIGHT..
Do YOU fear Obama?
A precious few, indeed. Lets get behind those few brave patriots who are out there in the trenches every day working to prove Obamas inelgibility:
Dr. Orly has put her lifes blood into this fight. SHE HAS MADE DEFENDING THE CONSTITUTION AND THE AMERICAN WAY OF LIFE A PERSONAL AMBITION, IN THE ABSENCE OF ANY CONSTITUTION LEADERSHIP FROM COWARDLY REPUBLICANS AND THE SCOTUS.
Dr. Orly is the ONLY one out there in the trenches EVERY day hitting Obama on multiple fronts and trying to bring him down. It is reported that she is more than $8,000 in debt from using her own funds for expenses in her flights across the U.S for interviews, speeches, serving papers and meeting with officials.
She has even gone to Isreal and Russia to spread the message about Obamas inelgibility!
She states the case expertly, including the bc and natural born citizen aspect, when not abused by the U.S. state-controlled media. http://www.israelnationalnews.com/News/News.aspx/132880
Sure, Dr. Orly makes mistakes. We all do. But Dr. Orly is no dummy. How many of us could go to a foreign country, learn 5 languages, establish a successful dental practice, a successful real estate business AND pass the California state bar- one of the hardest in the U.S. to pass?
She may be a mail order attorney and not a Harvard lawyer, but she IS an attorney with all the rights and privilages of a Harvard lawyer nevertheless!
The point is; she has the passion, the zeal, the courage of her convictions and the love of America and its freedoms (unlike many of our great attorneys and patriots who criticize her) that will not let her give up!
She is exhausted. She is nervous. She is frustrated. It is reported that she gets by on 4-5 hours of sleep per night, and her family is very worried about her health- as well as her safety.
She makes mistakes. But she will NOT give up. She will keep on until she gets it right.
Stop tearing her apart. The Obots on FR dont need our help.
The obots are scared to death of this little lady and her determination. Thats why they come out in droves all over the net on forums, chat rooms and even the national news to attack and ridicule.
Even if Orly NEVER brings Obama to trial, she has almost single handly brought his ineligibility to world wide attention, caused him to spend MILLIONS on lawyers to keep his records hidden AND CAUSED THE MUZZIE TO SWEAT BULLETS!!!
Crow pie with whipped cream for Beck and O'reilled up
The truth will set you free.
Did the Obama campaign try to foist a forgery on us?
Ill tell you what. I think the idea that the Obama campaign would have used Obamas sisters as a template makes sense. That is of course conjecture.
However, heres what I know about it otherwise. I have read the following:
(a) What was placed in photocopy form on the Obama campaigns website is a CERTIFICATION OF LIVE BIRTH (COLB) which is an item that is provided not at the time of ones birth, but at any other point afterward
(b) What is prepared at birth by the medical personnel and the administrators of the hospital facility is called a VAULT copy of ones BIRTH CERTIFICATE (BC). This item is kept by the hospital in their records department. An abbreviated version of the valult copy of the BC is what is actually given to the babys parents. The vault copy of the BC stays at the hospital.
(c) The photocoy of the fraudulent COLB on the Obama campaigns website has the following physical problems:
(1) it has no raised seal impressed (not foiled, just raised) on it visible on the back as it should
(2) it has an emblem on the front that is supposed to be the seal of the state of Hawaii, but this emblem differs quite a bit from the authentic seal of Hawaii
(3) it has a nonauthentic border around the bottom and right hand side when looking at the back of it
(4) it does not cite the attending physician nor carry that individuals signature
(5) i believe I also read that somehow a person was able to read the registration number on it or at least find out the number of digits in the registration number on it (that is blacked out with heavily black marker), however the information derived is not in agreement with the number sequences that were being given out from the hospital claimed in Aug. of 1961 or there was a different number of digits than should be present.
Personally, I dont know why someone just doesnt get ahold of the airline records that will confirm that Stanley Ann Dunham traveled to kenya at about 8 months along and was too far along to be allowed on the plane when she attempted to return to the U.S. to give birth and, thus, she did not return from Kenya until after Obamas claimed date of birth.
Prove where Stanley Ann Dunham was on Aug. 4, 1961 and by default you also prove where Obama was born.
- - - -
I put the forged birth certificate in the criminal column; he defrauded the American people to help him ascend to the highest office in the land, a position for which he is ineligible.
He began by suspending the protections of our constitution (not being a natural born citizen) and he has been chipping away at the bill of rights and each ammendment a little at a time each and evey day.
I wouldnt shelve the issue, I would simply refer to it as often as possible as what it is: a fabricated certification of live birth (COLB) and leave it at that.
Whether that COLB form is a forgery is actually a mute point. This is because: Obamas father was a British citizen at the time of Obamas birth and, thus, he has no way of claiming that he is a natural born citizen (born of two U.S. citizen parents within the geographic U.S.).
At the time of his birth the only citizenship Obama had received was that from his father, British. This is because although Obamas mother was an American citizen at the time of his birth, she had not lived in the U.S. for 5 years after her 14th birthday. This was required at the time in order for a citizen to pass on their citizenship when a child was born outside the country. Obamas mother was only 18 (not 19) at the time Obama was born.
This last part I stated better in the argument laid out below (with links noted):
Obama was born at 7:24 p.m. on August 4, 1961 at the Coast Provincial General Hospital in the town of Mombasa in the Coast Province of the British colony of Kenya (http://www.sonorannews.com/archives/2009/090909/FrntPgObamaEligibility.html). At the time of Obamas birth, his father, Barack Hussein Obama, was a British citizen (Kenya did not gain its independence from Britain until 1963) and his mother, Stanley Ann Dunham, was a United States citizen. According to Federal law, however, as the sole U.S. citizen parent Obamas mother was not old enough and did not reside in the United States long enough after age 14 to qualify Obama as a United States citizen. The particulars are as follows.
According to Title 3, Chap. 1 of the Immigration and Nationality Act of 1952 (McCarran-Walter Act, Public Law No. 82-414, 66 Stat. 163) that was passed on June 27, 1952 and applies to persons of birth between December 24, 1952 and November 14, 1986 (http://www.scribd.com/doc/8693236/1952-Immigration-and-Nationality-Act-Title3-Chapter1?secret_password=&autodown=pdf), a child born outside of the United States to one citizen parent could acquire United States citizenship if the United States citizen parent had been physically present in the United States for ten (10) years prior to the childs birth and five (5) of those years were after the parent had reached the age of fourteen.
Obamas mother was born November 29, 1942 and, thus, she was only 18 years old when Obama was born in Kenya (http://en.wikipedia.org/wiki/Stanley_Ann_Dunham). As such, Obamas mother did not meet the age-dependent residency requirements for her child to receive United States citizenship from her. Therefore, Obama is not a United States citizen. Furthermore, he is most certainly not a natural born U.S. citizen which is required of him to be as specified in Article II, section 1 clause 5 of the U.S. Constitution in order to hold the office of President or Vice President of the United States http://www.house.gov/house/Constitution/Constitution.html
First quote of you, FRiend. — FRegards ....
Who? WE are on Hayworth's side! So is Rush, who flailed McRomney for the endorsement. Rush is worth ten McRomney endorsements. And Mark Levin too — open, public endorsement of Hayworth. It's impossible to even guess how many endorsements the Great One is worth. That alone is five hours of talk radio out to nail McCain, the very thing McCainiac tried to make illegal. This could end up being the Great Hispanderer's worst nightmare.
Rush can help J.D. for sure, from his golden microphone; but will he actually endorse him - campaing for him? The tea Party can certainly move some ground here; but are they? And yes, we can help; but what are the Repubs in Arizona doing. Is there a 'ground swell' for J.D.? Or are they waiting for a second shoe to drop. . .or what?
(Anyone from Arizona political field here?)
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2-day Broads and Cromer Pier
On day one spend the morning at Fairhaven Woodland & Water Garden in South Walsham, including lunch. Fairhaven welcomes group visits. and then move onto Wroxham, heart of the Norfolk Broads, for an hour-long river trip on this unique series of waterways with Broads Tours. Then head to Cromer for the matinee variety show at the last end-of-pier theatre in Europe, followed by dinner at Tides, the restaurant on the pier. Make sure you have a promenade too – this is the 2015 Pier of the Year!
That night stay at The Grove Hotel or Cliftonville Hotel and wake, refreshed, ready for a morning visit to Amazona Zoo.
After that you'll be ready for lunch at informal No 1 fish and chip restaurant, with amazing views of the beach and pier. The menu is amazing too – but you'd expect nothing less from an establishment that's run by a Michelin-starred restaurateur! In the afternoon, before travelling home, spend some time in the inspirational Henry Blogg Museum, dedicated to the RNLI's most celebrated lifeboatman.
Coach Park in Cromer is on Cadogan Road, less than a five minute walk to No.1 Chip Shop and around a five minute walk to Cromer Pier. Coach access to the Pier is via the Weybourne Slope so people can be dropped off right at the entrance to the Pier.


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DescriptionBright and spacious 3BR plus maids available for Sale. Apartment consists of floor to ceiling windows from the living room and master room overlooking the Burj Khalifa and gives a panoramic view of Downtown Dubai. All rooms are ensuite, with separate maids room and laundry area.
Currently rented till Feb 2016.
South Ridge is a 6 tower development by Emaar in the vibrant Downtown Dubai. South Ridge has adjacency to restaurants, cafes and super markets. The amenities in South Ridge 6 are swimming pool along with elegant landscaping, changing rooms, fitness centre, gymnasium, billiards/games room, squash court, business lounge, communal lounge – multipurpose room, badminton court, leisure deck with spectacular city views, private garden courts, Spinneys super market, provision of Combined IT outlets in each room ,provision for high speed internet facility, Door entry system (intercom),CCTV ,central exhaust system, pre-cooled fresh air system, emergency generators for each tower, fire alarm system, fire fighting system. Other facilities are 4 parking levels for tenants and visitors on an allocated basis, locker/storage space for tenants rental,24 hours mobile security services, concierge facility at the reception lobby of each tower, centralized household waste removal, on site mail service,24 hours maintenance and common area landscaping.
South Ridge 6 apartments have fully equipped kitchens and built in wardrobes.


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Hi guys, We are addicted to this site and Red Clouds, we love the foreplay when taking these pictures, it is such a turn on. We enJOY doing the shots, we hope you enJOY the pix's. We hope to do many , many more!!!!!! Thanks.........
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We study image enhancement of transmitted optical fields though plasmon film lenses with smooth surfaces, random rough surfaces, and sinusoidal rough surfaces. We show that the silver film lens with subwavelength roughness provides image enhancement by reducing the spatial width of the image while preserving the image integrity. Images of multiple sources at random positions are enhanced, are spatial translational invariant for subwavelength spacing, and the quality of the enhanced images is preserved. Two numerical methods, namely, the method of moments and the T-matrix method, are used to calculate the theoretical results providing a validity check of the accuracy of the solutions. The analytic small perturbation method to arbitrary orders is utilized to demonstrate image enhancement effects in the spectral domain. The role of surface plasmon polaritons (SPPs) in plasmon imaging is explained and it is shown that the surface with subwavelength roughness enhances images by suppression of the SPPs.
© 2011 Optical Society of AmericaFull Article | PDF Article
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Clodagh's Irish Food Trails
Valentia, Co. KerrySeries Website »
Episode Guide »
Clodagh starts her journey around Ireland's coast on Valentia Island in Co Kerry. She joins Donal Welsh, a local shrimp fisherman based in Knightstown. Clodagh demonstrates a simple way to cook shrimp and a prepares a home-made mayonnaise in the picturesque seaside village of Portmagee. Clodagh goes fishing in the clear waters around Valentia with father and son team Padda and Alan Houlihan as they dredge the seabed for scallops. Clodagh brings some of the day's catch to a local restaurant where proprietor Kate Cooke creates a Spanish-influenced dish with the scallops.
CommentsShare your thoughts, questions, and comments on "Clodagh's Irish Food Trails" here.
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Bugs is a master of disguise…check out some of his best costumes
Help Jerry build an epic snack!
Help Jerry get to the biggest cheese in this fun disappearing maze game!
Bossy pants Fred
Create a lovely Christmas decoration
Fred gets a holiday life lesson
Tom and Jerry never looked so round
Grillin' Wars with Tom and Jerry
Put a little color on this musical frog!
Finish Scooby's Snowman
Color in this funny picture of Tom
The Mystery Inc gang gets an honorary member at Sleuth Con!
Ready, aim, power up and FIRE!
Test your Tom & Jerry knowledge
Camping follies with the Flintstones
When it comes to communing with the great outdoors, Tom is not a happy camper!
Test your Flintstones knowledge
Test your Scooby-Doo! knowledge
Test your Looney Tunes knowledge
The Gang blasts off in an all new original movie!
Baby switcharoo!
The mystery machine gets a steller upgrade
It seems the gang is always up against the scariest of monsters!
A song for a King…a gnome king that is!
The hottest race in history!
Pick up and drop off Scooby and the gang in the Mystery van in this challenging maze game
How high can you climb?
Test your aim with Looney Tunes: Looney Launcher!
Play Memory Mischief with Tom and Jerry
It's all about getting the cheese & avoiding Tom!
Jerry's stuck in Tom's maze, can you help him get out?
You are on taxi duty, pick up Looney Tunes characters and drop them off at their destination.
A tasty match game featuring Fred, Barney, Wilma, Betty and Peebles
How many carrots can you collect?
Help Pebbles find her way through the maze
Bust a move and dance like you've never danced before!
Stack up the tiles
There's a beast on the loose in Bedrock
Reported ghost sightings at the Museum!
Wilma goes to art class
The Mystery Inc gang use science to overcome their fears and catch a ghost
Tom goes on a picnic
I Can't Believe It's True!
Find out what happens when Tom and Jerry are shipwrecked
The Mystery Inc gang visits Velma's Aunt
The Mouse-keteers and Monsieur Kittycat go duel for the King's favor
Fred's tired feet
Tom and Jerry chase each other, but can they chase away the aliens?
With no mice around, what are the cats to do?
A Genie wrecks havoc at Simon Enterprises
Marvin is tough in this action shot, why not add some color
Add some green to this picture of golfers Fred and Barney
Help Fred navigate through the Spooktacular woods to save the Gang!
The stars and Marvin are out and need some color
Follow the numbers to connect the LEGO studs to reveal this Spooktacular character!
Add lots of color to Pussyfoot & the butterflies
Yummy! Scooby Sweets!
Color in Henery Hawk on the farm
Try adding some color to this Barney coloring page
Have fun will the colorful Fall leaves!
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