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895 Ransom Road, White Cloud 49349
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Spacious ranch with 2760 sf of living space, within walking distance to Robinson Lake beach and boat launch. Large lot with mature trees and a fenced in back yard. Spacious 26 x 13 living room. Dining area with sliders to large covered deck. Steel roof for low maintenance. Attached two car garage and also a 16 x 24 pole barn. Main floor laundry, large pantry room. Full mostly finished basement has a family room and two additional rooms that current owner has used for bedrooms but do not have egress windows. Home is connected to public sewer system. Home is heated with fuel oil and also has a back up wood furnace. Natural gas is available at the road.
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Hotels in Chandelao, India
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Hotels in Chandelao
- Most bookedChandelao Garh
7 people looked at this hotel in the last hour
Most recent review
"The hotel is good with a really beautiful property. It's a wonderful place to relax. However, food needs improvement. Buffet breakfast was ordinary and so was dinner. Although after bringing it to the notice of the owner, authentic Rajasthani food was served for next dinner on my demand. That day..."
A Traveller, Mar 2015, IN
Hotels within 20 miles of Chandelao
52 people looked at this hotel in the last hour
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"It was lovely and staff and administration ppl were outstanding super services and food quality"
A Traveller, Dec 2015, US
7 people looked at this hotel in the last hour
6 people looked at this hotel in the last hour
Hotels within 25 miles of Chandelao
75 people looked at this hotel in the last hour
Most recent review
"We enjoyed our stay here. The buffet breakfast was very good. The hotel is very spacious as it is a palace converted into a hotel. Staff are super nice and helpful. The only thing that could have been better is all the plumbing inside hotel looks old so taps and faucets were not working properly...."
S, Oct 2016, GB
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Most recent review
"This hotel is absolutely stunning with an amazing view of the fort. The rooms could be a little bit more luxurious, just seems a little basic compared to the common areas of the hotel which are amazing. The location is just perfect, right in centre of the old town. Service was good too."
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13 people looked at this hotel in the last hour
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"Good service and welcoming attitude. A bit away from the city which I think was nice. The outdoor dinner in the garden was also a plus. A bit outdated, but the charm of the place more than made up for that."
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10 people looked at this hotel in the last hour
Most recent review
"This place really makes you feel at home! We stayed only 1 night but wished we had stayed more. The view from the rooftop patio was amazing and the staff were so friendly and attentive. They offer pick up if you contact them in advance which is helpful, because it's located down a narrow side str..."
A Traveller, Aug 2016, CA
8 people looked at this hotel in the last hour
Most recent review
"This is quite a good resort/hotel which is located away from the bustling Jodhpur city. It is near the Mandore Garden which is a bit on the outskirts of the city. The resort itself is like an oasis. Lots of trees and greenery. Places to sit and chill with your family/friends under the trees. Or g..."
A Traveller, Oct 2015, GB
6 people looked at this hotel in the last hour
Most recent review
"Good economic hotel with all the essential amenities to sleep, shower and eat. Wifi as a general statement in India isn't the best so don't expect wonders. Breakfast is Indian based with little American style choices therefore please expect that. They have a cook able to get you an omelette, to..."
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June 6, 2012
ROBERT SIMS,PLAINTIFF,v.A. NAJERA,DEFENDANT.
ORDER DISMISSING FIRST AMENDED COMPLAINT (Doc. 8)
Robert Sims is a civil detainee proceeding in forma pauperis and pro se in this action.
When an individual seeks to proceed in forma pauperis, the Court is required to review the complaint and identify "cognizable claims." See 28 U.S.C § 1915(a)-(b). The Court must dismiss a complaint, or portion of the complaint, if it is "frivolous, malicious or fails to state a claim upon which relief may be granted; or . . . seeks monetary relief from a defendant who is immune from such relief."
28 U.S.C. § 1915A(b); 28 U.S.C. § 1915(e)(2). A claim is frivolous "when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them." Denton v. Hernandez, 504 U.S. 25, 32-33 (1992).
General rules for pleading complaints are governed by the Federal Rules of Civil Procedure. A 3 pleading stating a claim for relief must include a statement affirming the court"s jurisdiction, "a short 4 and plain statement of the claim showing the pleader is entitled to relief; and . . . a demand for the 5 relief sought, which may include relief in the alternative or different types of relief." Fed. R. Civ. P. 6 8(a). The Federal Rules adopt a flexible pleading policy, and pro se pleadings are held to "less 7 stringent standards" than pleadings by attorneys. Haines v. Kerner, 404 U.S. 519, 521-21 (1972). 8
A complaint must give fair notice and state the elements of the plaintiff"s claim in a plain and 9 succinct manner. Jones v. Cmty Redevelopment Agency, 733 F.2d 646, 649 (9th Cir. 1984). The purpose of the complaint is to give the defendant fair notice of the claims against him, and the grounds upon which the complaint stands. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). The Supreme Court noted, Rule 8 does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation. A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement.
Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (internal quotation marks and citations omitted). Conclusory and vague allegations do not support a cause of action. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). The Court clarified further, [A] complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." [Citation]. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. [Citation]. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. [Citation]. Where a complaint pleads facts that are "merely consistent with" a defendant"s liability, it "stops short of the line between possibility and plausibility of "entitlement to relief."
Iqbal, 129 S. Ct. at 1949 (citations omitted). When factual allegations are well-pled, a court should assume their truth and determine whether the facts would make the plaintiff entitled to relief; conclusions in the pleading are not entitled to the same assumption of truth. Id. The Court may grant leave to amend a complaint to the extent that deficiencies of the complaint can be cured by an 2 amendment. Lopez v. Smith, 203 F.3d 1122, 1127-28 (9th Cir. 2000) (en banc).
Iii. PLAINTIFF'S ALLEGATIONS 4
As in his original complaint, Plaintiff alleges that Correctional Officer A. Najera used 5 excessive force on him at some point in the past at some unnamed place of incarceration which, he 6 claims constitutes cruel and unusual punishment. (Doc. 8 at 3) 7
As noted in the earlier order, Plaintiff first filed allegations related to this same or a similar 8 event in Sims v. Guirbino, E.D. Cal. Case No. 1:09-cv-01850 GBC, on October 21, 2009. This case 9 was dismissed without prejudice on September 6, 2011, after Plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis. (Doc. 12) Soon thereafter, Plaintiff filed Sims v. Department of Corrections, S.D. Cal. Case No.: 3:11-cv-03011 LAB PCL, on December 11, 2011 in which he raised the same claims against Defendant Najera. This case was dismissed without prejudice on February 24, 2012 after the Court found the matter to be frivolous because he had already raised this claim in the earlier litigation.*fn1 (Doc. 5)
In his earlier complaint filed in this action, it appeared that Plaintiff may have been seeking to appeal the determination made in the Southern District. However, with the allegations raised in his amended complaint, it appears that Plaintiff is seeking a determination of the merits of the alleged incident of excessive force.
In this complaint, plaintiff uses the exact same allegations as before but omits reference to seeking review of the decision issued in the Southern District. In evaluating the complaint, it appears that Plaintiff has failed to provide basic information about his claim. Notably, he does not allege the date that the event occurred or even basic information about what happened, how it happened, etc. On the other hand, in his earlier action, he alleged that the event occurred on a particular date*fn2 and gave details about what occurred, how it occurred and the circumstances surrounding the event that he 2 believed caused him damages. Sims v. Guirbino, E.D. Cal. Case No. 1:09-cv-01850 GBC, (Doc. 1). 3
The Court cannot be sure, however, that this current litigation involves the same facts and the same 4 event as in the earlier action-though it seems to do so. 5
To state a claim for excessive force against A. Najera, he must provide a short, plain statement 6 that gives the defendant fair notice of what the Plaintiff"s claim is and the facts upon which his claim 7 rests. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002) (quoting Conley v. Gibson, 355 U.S. 8 41, 47 (1957)). Thus, Plaintiff must provide facts about who the Defendant is, what the Defendant did 9 and how the Defendant"s actions violated his rights. Defendants are not sued collectively and each Defendant is only liable for the injuries that his/her own actions cause.
VI. Leave to Amend
The Court will provide Plaintiff a final opportunity to amend his pleading to cure the deficiencies noted in this order. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987) ("A pro se litigant must be given leave to amend his or her complaint unless it is absolutely clear that the deficiencies of the complaint could not be cured by amendment.") (internal quotations omitted). In his second amended complaint, Plaintiff must allege who the Defendant is, what the Defendant did and how the Defendant"s actions violated his rights. Plaintiff is advised that his failure to do so will result in a recommendation to dismiss this action.
In addition, Plaintiff is cautioned that in his second amended complaint, he may not change the nature of this suit by adding new, unrelated claims in his amended complaint. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no "buckshot" complaints). Plaintiff is also advised that once he files his second amended complaint, his original pleadings are superceded and no longer serve any function in the case. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Thus, the first amended complaint must be "complete in itself without reference to the prior or superceded pleading." Local Rule 220. "All causes of action alleged in an original complaint which are not [re-]alleged in an amended complaint are waived." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (citations omitted).
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff"s complaint is DISMISSED;
2. Plaintiff is granted 21 days from the date of service of this order to file an amended complaint that addresses the deficiencies set forth in this order. The amended complaint must bear the docket number assigned to this case and must be labeled "Second Amended Complaint"; 3. The Clerk of the Court is directed to send Plaintiff the form complaint for use in a civil rights action; and 4. Plaintiff is firmly cautioned that failure to comply with this order will result in a recommendation that this action be dismissed.
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February 1, 2006
SHAWN F. RIDER, PETITIONER/DEFENDANT,v.UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.
This matter is before the Court on Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence. This motion was filed by Petitioner, pro se, and the Government has not filed written responses to this motion. For the reasons set forth below, the motion is denied.
Without the benefit of a plea agreement, Petitioner pleaded guilty to two counts involving the manufacture of methamphetamine, as well as one count of failure to appear. He was sentenced to 136 months imprisonment, four years supervised release, a fine of $200, and a special assessment of $300. No appeal was filed, and almost two years later he filed the instant motion under Section 2255.
A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of --
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
In the instant case, Petitioner was sentenced on July 14, 2003. He did not file a direct appeal; therefore, for purposes of § 2255, Petitioner's conviction became final in July 2003. See generally Clay v. United States, 537 U.S. 522, 525 (2003). Petitioner filed the instant motion on June 10, 2005. Thus, Petitioner's judgment of conviction was final for almost two years prior to the filing of his motion under § 2255, and he filed this motion almost one year too late. None of the exceptions to the statute of limitations can alter this finding. Petitioner's basis for this action is the rule "newly recognized" in Blakely v. Washington, 124 S.Ct. 2531 (2004), and United States v. Booker, 125 S.Ct. 738 (2005). However, the Seventh Circuit already has held that these rulings do not apply retroactively to convictions that were final prior to the Booker decision. McReynolds v. United States, 397 F.3d 479, 481 (7th Cir. 2005); see also Curtis v. United States, 294 F.3d 841, 844 (7th Cir. 2002) (Apprendi v. New Jersey, 530 U.S. 466 (2000), is not retroactively applicable).
Therefore, this § 2255 motion is barred by the statute of limitations, and this Court lacks jurisdiction to entertain the motion. Accordingly, the motion is DENIED, and this action is DISMISSED. Dismissal is without prejudice to Petitioner filing a new § 2255 motion if the United States Supreme Court announces that Booker applies retroactively on collateral review.
G. PATRICK MURPHY Chief United States District Judge
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If you can never decide on a look and need to stay warm this winter then the Gorzine women's reversible beanie is the hat for you. With a striped look on one side and a flat colour on the other, this hat offers two styles in one that can be switched in moments.
This knitted hat has a comfortable, close fit to help trap in heat and with a choice of four colours, it's both handy to have and attractive to wear.


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to spend with a great local business
*terms & conditions apply
from Smith and Cullen Hairdressing
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Smith and Cullen Hairdressing
Just moved from west London and needed to find a new hairdressers-I struck gold!! Lovely friendly relaxing environment, the owners are divine and really listened to what I wanted and I left with perfect 'expensive' looking highlights exactly how I wanted them....
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We recently sold and bought a property in the Windsor area. For the sale of our property we did not work with Hamilton Chess....
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Incredible Experiences - Corporate and Leisure Travel
This company is a bunch of super stars,...Service is second to none, friendly, helpful and have loads of advice and tips about various destinations.
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Visit an artist studio where Christmas ornaments are created all year round. See spun cotton animals, mixed media birds and papier mache figurines dance on a Christmas tree branches.
Join us on Saturday 10th December for a very special tasting, as we'll be signing off our 2016 events in style with a full day of wine and a delicious 3-course Christmas Lunch!
A day full of festive fun and frivolity! Crafts, story telling and seasonal treats...all for FREE!
How did a Christmas Tree look like one hundred years ago...
Why do we decorate a tree at Christmas? When and where did the tradition start and what were the first Christmas decorations made of? International UNESCO artist and Christmas ornaments collector Margarita Vul will tell a fascinating story about the journey of tree decorations throughout history.
Take part in the World's busiest Ceroc class!
Come and celebrate the arrival of the New Year with us. Very popular, this party sold out well in advance last year.
New!! New! Don't miss our PARTY (Launch) for Over 25s 30s 40s & 50s - singles and couples welcome at this fab new venue ...
Due to popular demand we are pleased to announce our Autumn Duathlons at Dorney Lake. These events are perfect for anyone looking to get fit or take part in their first event. Dorney Lake is the perfect venue for Duathlon Events.
100% accurate course and 100% traffic free. A fast and fun race. Perfect winter conditioning. This fun annual Duathlon Series will put you on good form for the coming season.
The event location is one of the most iconic 2012 London Olympic Games venues, which hosted the rowing and canoe disciplines.
Dorney Lake, Eton College Rowing Centre is conveniently located along the M4 Motorway, only 20 mins from London and 15 mins from the M25 and M40 motorways.
The event will have full car parking facilities available, which will be in operation to allow participants to come and go, whilst the event is still taking place and makes it perfect for spectators and family to attend and soak up the atmosphere.
Food and drinks will also be available through our catering facilities, plus fun and games for kids of all ages!!!
Windsor Winter Duathlon - Run Bike Run


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Today's LED light bulbs are showcasing some bright ideas (pun intended). Manufactures today are designing household LED bulbs that have the potential to last for decades, and when combined with their decreasing sticker price, they've become more affordable and popular than ever. However, it's not all due to the new technology. Thanks to newly enacted efficiency standards, traditional incandescent bulbs have been phased out in favor of more-efficient, environmentally friendly alternatives.
Related: Light up your house for less with our illuminating guide to LED bulbs
In theory, purchasing a bulb with a short payback time and 20-year lifespan often seems like a good choice. Compounded with the increasing number of smart home products, LED bulbs may one day become just as familiar to us as the 60-watt incandescent. Still, how do these extra-terrestrial bulbs stack up? Which LED bulb is best for your home? Some have a 30-year lifespan or emit a better light quality than your standard 60-watt incandescent, while some can be dimmed using a smartphone app. Some are capable of emitting a range of colored light, while some require smart hubs to connect across your entire home. That said, below are some of our current favorites.
Best white LED bulb – Cree 60W Equivalent Soft White LED ($10+)
In recent years, Cree has established itself as one of the premiere LED bulb manufacturers in the world, creating affordable, effective lighting solutions to replace the energy-sucking incandescent bulbs that plague our poor light sockets. In particular, their "Soft White" 60W equivalent bulb offers an incredible combination of longevity, brightness, and value that no other bulb can touch. Capable of emitting 815 lumens while consuming just 10 watts of energy, the hyper-efficient A19 standard bulb — rated at 30,000 hours of use — is fully compatible with all dimming switches, which means you won't encounter any annoying buzzing sounds or malfunctions when adjusting the brightness of the bulb. Backed by a 5-year warranty, the bulb is also incredibly cost-effective and comes in packs of four, six, or eight, which averages out to less than $5 per bulb.
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Best colored LED bulb – MiPow Playbulb Rainbow ($38+)
Technically, we're cheating a bit here. MiPow's Playbulb Rainbow doubles as a colored LED bulb and a smart LED bulb, which makes it too convenient to overlook. The Rainbow, which is fitted for standard E26/E27 bulb sockets, is capable of emitting 680 lumens, comparable to a relatively dim 60-watt incandescent. The bulb's accompanying mobile app for Android and iOS devices also allows users to choose from more than 16 million colors and hues via a simple color wheel.
The Rainbow is one of the few available smart bulbs capable of operating independently of any smart home ecosystem, as the bulb uses Bluetooth 4.0 rather than a Wi-Fi connection. The app — which, admittedly, can be a bit laggy at times — offers a slew of unique features, like the ability to group bulbs together and change their settings simultaneously, and a few custom "rainbow" modes that change the bulbs' color over time. The Rainbow is rated at 20,000 hours of use, though we expect it might be shorter if you're constantly playing with the settings. For just $38, though, we're not sure there's any bulb on the market that offers this level of functionality without a smart home ecosystem.
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Best smart LED bulb – C by GE — Starter Pack ($70)
In 2015, General Electric introduced the "C" starter pack, a Bluetooth-compatible set of two "C-Life" and two "C-Sleep" LED bulbs capable of functioning independently of any smart home hub or ecosystem. The bulbs, which are controlled by the eponymous "C by GE" iOS or Android app, feature a set of capabilities that depend upon the bulb type (Life or Sleep). The Life bulbs produce up to 800 lumens of light with a fixed 2,700k color temperature, and you can use the app to group (or separate) the bulbs, as well as to control their brightness. The Sleep bulbs are capable of producing up to 730 lumens, though they offer a bit more customization. Each C-Sleep bulb, or group of bulbs, can be customized with separate light settings for the morning, afternoon, and night, so you can fall asleep to soft, warm 2,000k light and wake up to bright 7,000k light. The options available through the C app are fairly limited in terms of smart bulb functionality, but the clarity and brightness of the bulbs is top notch, and it's rare to find smart LEDs that don't require a hub to connect with. Read more here.
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Best LED bulb for a Smart Home ecosystem – Philips Hue family ($15+)
The smart home is more popular than ever, evidenced by the myriad "smart hubs" that are now available. Assuming you're not concerned with your house becoming self-aware, you may very well want to invest in a smart hub to control your security, your thermostat, and — of course — your lighting. Several hubs on the market are built to interface with LED smart bulbs, but the Philips Hue family is the best smart home ecosystem if you're looking for complete illuminative control.
The base model white LED bulb, built to fit in a standard E26 base, emits 800 lumens of light while consuming just 9.5 watts of power. The bulb is rated for 25,000 hours of use, and can be dimmed if combined with the Philips Hue Dimmer kit. The Hue Starter Kit includes the Hue bridge hub, as well as two standard white LED Hue bulbs for $80, but the real reason we recommend the Hue family over all others is because of the numerous Philips offerings that seamlessly interface with Hue. From spotlights to lighting strips to colored bulbs, the bridge can be connected with up to 50 Hue lights at once, and controlled via the company's official mobile app for Android and iOS. They're not the cheapest LED products out there, but the ease of access — combined with the power to control your entire home's lighting at once — makes this our first choice when it comes to Smart LED ecosystems. Read our full review.
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EEE meeting to be held in BrandonJuly 05,2013EEE meeting
next week
BRANDON Two state agencies are holding a public forum on their plans for the Eastern equine encephalitis (EEE) virus next week.
The state Department of Health and Agency of Agriculture, Food and Markets will hold the focum on its 2013 Arboviral Surveillance & Response Plan from 5-7 p.m. July 10 at the Brandon Town Hall.
The plan includes the trapping and testing of mosquitoes, human and animal illness surveillance, public information, educational outreach and action that may be taken in response to signs of increase risk for illness.
In 2012, EEE was detected in mosquitoes for the first time in Vermont. Two people died from the disease.
For more information, visit healthvermont.gov or call 1-800-913-1139.MORE IN This Just InMONTPELIER — FairPoint Communications is being purchased by Illinois-based... Full Story
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FINANCE Minister Nhlanhla Nene has announced tough measures including tax increases, job freezes and across-the-board budget cuts to deal with low economic growth, high debt levels and lower than expected tax income.
The sale of nonstrategic state assets as well as a new funding model for state-owned enterprises (SOEs) returned to the agenda for the first time in many years.
Nene — announcing the policy shift in the medium-term budget policy statement tabled in Parliament on Wednesday — said it was "a road map to safeguard the public finances". Two years of fiscal consolidation were needed to put public finances on a more sustainable footing, he said.
"Today we face a difficult economic environment. We have reached a turning point. Fiscal consolidation can no longer be postponed," he said in his speech in the National Assembly.
The minister's bold and disciplined approach was greeted favourably by the bond market, with the benchmark R186 strengthening by 15 basis points on the day. Lower-than-expected inflation figures contributed significantly.
While the budget policy statement is the most austere since the structural adjustments of the late 1990s, Nene said its proposals could not be characterised as "austerity". Although government spending grows more slowly than the 1.8% expected in February, it still grows at 1.3% in real terms over the next two years.
Economists welcomed the fact that cutbacks were no longer just being talked about as in the past but were embodied in the numbers. They warned of downside risks to the projections but believed the policy statement would ward off a sovereign rating downgrade in the short term.
Rand Merchant Bank fixed-income strategist Carmen Nel said it was "very encouraging" that Nene was adopting a more conservative stance and taking the risk of a credit rating downgrade seriously. "The numbers reveal a greater willingness to curtail expenditure," she said. "Certainly the financial markets will view it as favourable."
Standard Chartered Bank's head of Africa research, Razia Khan, said there were positive surprises in the policy statement relative to the expectation that fiscal consolidation would be delayed and spending and debt would increase significantly. Instead, the budget deficit would narrow a lot faster than expected.
"Perhaps most significant of all, expectations of severe fiscal deterioration due to the state's support of Eskom proved to be unfounded," Ms Khan said.
The government's plan to cut back on expenditure growth and its new tax measures — to be announced in the budget in February — are expected to generate R52-billion over the next two years.
National government personnel budgets will be frozen, funding of vacancies reviewed, and the spending on nonessential goods and services such as travel, accommodation, entertainment and consultants slashed, saving about R1.3-billion in the next two years.
The government is emphatic, however, that service delivery on education, health and social protection will not suffer and that its infrastructure investment drive will remain fully on track.
However, Capital Economics assistant economist Jack Allen was not convinced that growth would reach the 3% envisaged and predicts that gross government debt will reach 50% of GDP by 2015.
These measures will allow the government to meet its budget deficit targets set in February and stabilise government debt, which the Treasury says is fast approaching unsustainable levels. But several risks remain, such as slow economic growth, the public sector wage bill and the worsening finances of state-owned companies.
"Despite weak economic growth, the fiscal proposals will enable the government to remain broadly in line with the deficit path announced in the 2014 budget, stabilising national debt at 46% of GDP in 2017-18," the Treasury said.
The budget revisions have been necessitated by lower-than-expected economic growth.
The Treasury has slashed its growth forecast to 1.4% this year from the 2.7% projected in the budget, although it expects the budget deficit to be only marginally higher, at 4.1%, from the budget projection of 4%. The deficit is forecast to fall to 3.6%, 2.6% and 2.5% over the next three years. Economic growth is forecast to be 2.5% in 2015 (budget projection: 3.2%), 2.8% in 2016 (budget projection: 3.5%) and 3% in 2017.
However, Capital Economics assistant economist Jack Allen was not convinced that growth would reach the 3% envisaged and predicts that gross government debt will reach 50% of GDP by 2015.
In a bid to reduce spending, the expenditure ceiling will be lowered by R25-billion over the next two years for the first time. The gross tax revenue shortfall of R61-billion over three years — R10-billion lower this year — relative to forecasts will be offset by the additional R44-billion government is looking to raise from its new tax measures.
Nene said the tax measures to be announced in the 2015-16 budget would be designed "to limit as far as possible any negative impact on growth and job creation". They would be based on the proposals to come from the tax committee headed by Judge Dennis Davis.
It is likely that wealth taxes such as estate duty and capital gains tax will come under the Treasury's spotlight.
Public-sector workers have been warned that retrenchments loom if they insist on higher wage increases than inflation. The Treasury emphasised that restraining the growth of the government's wage bill was an important part of the fiscal rebalancing that is required.
It has provided for an annual 6.6% increase in the wage bill over the next three years. This is sharply lower than the 15% that public-sector trade unions are demanding.
"Any departure from the path of consumer price index-linked cost-of-living adjustments will require either a reallocation of resources from other spending areas or prompt a need to reduce government employment," the Treasury said.
Total expenditure in 2014-15 is projected to be R6-billion less than the budget estimate after taking into account the unallocated reserve, savings and underspending.
An unallocated reserve of R45-billion in 2017-18 has been provided for in the plans "to serve as a buffer against economic and fiscal shocks".


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Superheroes & Fascism
Dallas Rogers
Dallas talks to John Dittmer about the environment that gave rise to superheroes and the metaphors that still play out in today's geopolitical situations.
In Search of Silence
Michael Schubert
Is silence simply the absence of sound? Michael talks with experts as he goes on a quest in search of silence.
Hearing Colours Seeing Sounds
Michael Schubert
Anina Rich researches synaesthesia with an aim to understand our everyday perception.
Listen: Stop Doing So Much Work
Michael Schubert
David McAlpine discusses communication across the lifetime, original research paradigms and creative collaborations in the Australian Hearing Hub.
Female Chinese Australians
Dallas Rogers
Dr Alanna Kamp rewrites the feminist narrative of the White Australia policy to include female Chinese Australians.
SoundMinds Radio – Getting you behind the research and ideas in contemporary life. Interviews from a team of academic producers who discuss the thinking behind the ideas. SoundMinds Radio tells the story in the researcher's own voice.
SoundMinds Radio's weekly podcast is broadcast live on: BayFM Tuesdays at midday EST, where you can listen or livestream; and on Thursdays at 10:45 am EST on the Community Radio Network CRN-1 Digital Station an d repeated the next Tuesday at 1:04 am on CRN-2 Overnight Broadcast. Podcasts are uploaded to this site, our Soundcloud and our iTunes sites. You can also find our audio content appearing on our YouTube Channel and Facebook site.


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You may not see it, but in winter time, many people suffer from the cold. Donate warm clothes.
Creative Director: Fred Bandeira
Creative Supervisor: Gustavo Passos
Art Director: Charles Alvarenga
Copywriter: Mateus Martins
Makeup: Regina Maia
Photography: Márcio Rodrigues
Typical exemple of the creative guy who wants a Lion, even if it means stealing an idea
Not only is it not original (it's a rip-off of Chinese artist Liu Bolin), but that said Chinese artist has already been copied in hundreds of ads. You're very, very late to this party.
it never end...
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5 Creative Black Friday Campaigns You Should KnowRead More
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The Results Are In: Reflecting on Adland's Election SeasonRead More


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Antique Chairs Northwest UK
|A pair of 19th century oak turners chairs... more >>
|A Charles ll, oak and fruitwood, spindle back chair C1680... more >>
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Pair of Childrens Chairs (Only Painted Chair Now Available) £85.00
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Pair of 19th Century Mahogany Hall Chairs £475.00
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Pair Of Edwardian Inlaid Armchairs £1495.00
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Set of 10 Mahogany, Victorian, Balloon Back Chairs £1950.00
Other traders in the antique-chairs section - Preston Antiques Centre |


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Comedian Alex Reymundo (Original Latin Kings of Comedy) at the Miami Improv
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The child of playwright Ginger Reiter and comedian Jackie Mason, Sheba Mason has been performing… More
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Reviews & Ratings
Featured review from Goldstar Member
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The comedians were great! We had fun.
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$40 for 4-sodas
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Alex reymundo was supper funny. I definately enjoyed the experience :)
Quotes & Highlights
Check out Alex Reymundo's official site.
With two one-hour specials on Showtime and Comedy Central, "Red-Nexican" and previous ALMA Award winning "Hick-Spanic," Reymundo has universal appeal. Alex spent three years touring with Blue Collar's Bad Boy Ron White and was a highlight of P. Diddy's "Bad Boy's of Comedy." He's also one of the "Original Latin Kings of Comedy" alongside Cheech Marin, Paul Rodriguez, George Lopez & Joey Medina. Do you really need anymore reasons to see this show? Three words… Funny as hell!!
There's a new breed of Latin comic and it's Alex Reymundo! Alex has fivr movies, six comedy specials and 20 years of touring under his belt and has performed on the deck of the USS Roosevelt at sea and soared with the legendary Blue Angels. Born in Acapulco Mexico and raised in Ft. Worth, Texas, Alex married a Kentucky girl and now makes his home in the Blue Grass State.


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All aboard. Hop on in and transform your shower into a nautical fantasy with this water-resistant shower curtain. This classic, yet memorizing pattern, is fit for either gender, or even a bathroom shared by two. The durable, soft, leightweight fabric, and 12 rust proof grommets will brighten up your space in an instant. Liner suggested.
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2 Bedrooms Detached Bungalow for sale
A spacious two double bedroom detached bungalow in need of modernisation with good size kitchen/breakfast room and small patio garden and garage situated in well established residential…
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Shwood - Haystack Select Louisville Slugger I Sunglasses
A new classic. The Shwood for Louisville Slugger Select Collection is a tribute, not only to America's favorite pastime but also to American craftsmanship and ingenuity. Pulling inspiration from Slugger's iconic paint-dipped bats, the Shwood for Louisville Slugger Canby Select is crafted from genuine Slugger ash wood and sports a striking two-tone black and white lacquered paint job.
Each Shwood for Louisville Slugger Haystack Select comes with a commemorative leather travel case debossed with the Slugger logo.
The Haystack looks best on Round, Oval, Rectangle, and Heart face shapes.


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The Art of Getting Buzz in Entrepreneur Magazine
15 Feb 2010
For many small business owners getting a write-up in Entrepreneur magazine is the holy grail of media coverage. A few lines in the magazine can make all those sleepless nights,...Read More
PR: Working the Media
03 May 2007
One of the best ways to grow your business without breaking the bank is to get free exposure for your company in the news media. Sounds great, but how do...Read More


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Welcome to Beyond the Stars, the only fanlisting for Rosalina listed at The Fanlistings Network. Rosalina is my second favorite character in the Super Mario series (after Toad), and I am really excited to be able to maintain a fanlisting for her!
Making her debut in Super Mario Galaxy, Rosalina has become a recurring character in the series. In Super Mario Galaxy, she was a supporting character, but she made her first playable appearance in Mario Kart Wii. Now she is a playable character in multiple titles including Super Mario 3D World, Mario Kart 8, Super Smash Brothers for Wii U, and most recently Mario Party 10. Her infant counterpart, Baby Rosalina, debuted in Mario Kart 8.
Last updated: 01st November 2016 ∙ Members: 6 (+0)
Newest Member: Mikari


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Deviled Eggs
Total Time
Prep 10 mins
Cook 0 mins
This recipe is from a cousin of mine who has passed away. This is a very good recipe for eggs.
Ingredients Nutrition
- 6 hard-boiled eggs
- 1 tablespoon sweet pickle relish
- 1 teaspoon pimiento, chopped fine
- 1 teaspoon French dressing
- 1 tablespoon mayonnaise, more if yolks are large
- Cut eggs in halves; set whites aside.
- Remove yolks and mash with a fork.
- Mix with the remaining ingredients.
- Salt and pepper to taste.
- Stuff egg white halves and refrigerate.
- Times does not include boiling eggs.
Most Helpful
Simple yet tasty deviled eggs! I liked the subtle tanginess from the french dressing. This recipe is a keeper. Thanx!
Good deviled eggs. Can't get relish here, so I used minced cornichons. Sprinkled with smoked paprika and minced parsley before serving simply because I love the look.


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decided: September 18, 1986.
ALBERT S. NILSEN, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE AND OFFICE OF ADMINISTRATION, RESPONDENTS
Appeal from the Order of the Board of Claims, in case of Albert S. Nilsen v. Commonwealth of Pennsylvania, Department of Public Welfare and Office of Administration, Docket No. FC-78-119.
Steven P. Barsamian, for appellant.
Frank P. Clark, Assistant Counsel, with him, John D. Raup, Chief Counsel, for respondents.
President Judge Crumlish, Jr., Judge Barry, and Senior Judge Rogers, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 100 Pa. Commw. Page 569]
Albert S. Nilsen appeals a Board of Claims (Board) order dismissing his claim as untimely and dismissing
[ 100 Pa. Commw. Page 570]
the Department of Public Welfare (DPW) as a party. We affirm.
On June 1, 1976, Nilsen, a DPW employee, submitted a suggestion under the Commonwealth's cost reduction program to combine four state employee fund-raising drives into one combined appeal. DPW informed Nilsen on September 23, 1976, that his suggestion would not be adopted. However, on September 16, 1977, Nilsen learned that the Commonwealth was implementing a state employee combined appeal (SECA) and he requested reconsideration of his proposal.
On December 15, 1977, upon Nilsen's request for reconsideration, DPW informed him that his proposal was deemed by the Secretary of the Office of Administration to have been under prior management consideration. Therefore, Nilsen was not eligible to receive a $10,000 award under the cost reduction program. Nilsen wrote Representative Francis J. Lynch and Auditor General Benedict asserting a grievance over the denial of the $10,000 award. Nilsen filed his claim on May 24, 1978, with the Auditor General who later transferred it to the Board.
Our scope of review of a Board order is limited to determining whether necessary factual findings are supported by substantial evidence and whether an error of law was committed. Camp Joy, Inc. v. Department of Public Welfare, 70 Pa. Commonwealth Ct. 142, 452 A.2d 891 (1982).
Nilsen contends that the Board erred in dismissing his claim because the six-month statute of limitations provision for filing a claim with the Board does not apply. He claims that (1) the statute of limitations is remedial, (2) its purpose was not served here because the Commonwealth was constantly apprised of his claim, and (3) the Commonwealth fraudulently led Nilsen through a bureaucratic maze which caused his claim to be untimely. We disagree.
[ 100 Pa. Commw. Page 571]
Section 6 of the Act of May 20, 1937*fn1 states, in pertinent part, "The board shall have no power and exercise no jurisdiction over a claim asserted against the Commonwealth unless the claim shall have been filed within six months after it accrued." Statute of limitations do not begin to run until the cause of action accrues. Pennsylvania Turnpike Commission v. Atlantic Richfield Co., 31 Pa. Commonwealth Ct. 212, 375 A.2d 890 (1977), aff'd, 482 Pa. 615, 394 A.2d 491 (1978). Thus, we must determine when this cause of action accrued. We have recently held that the statute of limitations for filing a claim with the Board "begins to run from the time when the injured party is first able to litigate the claim." Commonwealth v. Town Court Nursing Centers, Inc., 97 Pa. Commonwealth Ct. 380, 386, 509 A.2d 950, 954 (1986). "A party is first able to litigate a claim when he or she knows the amount due under the claim." Department of Public Welfare v. Federated Security, Inc., 49 Pa. Commonwealth Ct. 411, 417, 411 A.2d 284, 288 (1980).
The Board held that Nilsen's claim accrued on September 16, 1977, since that date indicates his awareness of the Commonwealth's implementation of the SECA campaign. We agree. Nilsen knew at that time that had the Commonwealth credited him with the authoring of the SECA plan, he would have been entitled to a class G award equal to $10,000. which was the full amount due under his claim.*fn2 September 16, 1977 marks the date that Nilsen was on notice and able to fully ascertain the extent of his claim. See Penn-Jersey Contractors, Inc. v. General State Authority, 12 Pa. Commonwealth Ct. 203, 315 A.2d 920 (1974).
[ 100 Pa. Commw. Page 572]
Moreover, we are not persuaded by Nilsen's argument that the statute of limitations should have been tolled. Nilsen chose to pursue alternative governmental channels before filing his claim with the Board. If there were any bureaucratic maze through which Nilsen was guided, it was of his own creation. Nilsen's letter-writing campaign, although it apprised certain government representatives and officials of his grievance, did not constitute the assertion of a formal claim against the Commonwealth.*fn3
The Board of Claims' decision is affirmed.*fn4
The Board of Claims' order, No. FC-78-119 dated July 5, 1985, is affirmed.
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I was thinking about what I'd played and finished this year, and wanted to write it all down. Boom:
- Bioshock 2 (PS3) - Had this at release, couldn't finish it. Picked it back up late in 2012 and finished it in January, right before Bioshock Infinite. Definitely the best Bioshock game.
- Bioshock Infinite (PS3) - Interesting premise, but ultimately tiresome and fails to deliver on the story and characterization that made Bioshock 2 so good.
- Batman: Arkham Asylum (PS3) - Another game, like Bioshock 2, where I had to go back a second time to enjoy and finish it. Not sure what's up with that. Anyway, this was definitely a fun game and I'm looking forward to Arkham City and Origins. I just hope they'll put out some PS4 upgraded versions, so I don't have to do it on the PS3.
- Guacamelee (PS3/PSV)- Called a Metroidvania by many, I'd just say it's a great platformer game with awesome combat mechanics. Once you're fully upgraded, moving around is just plain fun and taking out multiple enemies with a slick combo feels awesome. Also, the ability to move my save game from PS3 to PSV and back was brilliant. Every cross-platform PS3/PS4/PSV game needs this...
- Tomb Raider (PS3) - I have a long history with Tomb Raider, and this was neat, but it has the same problem that they all do nowadays: you can only carry out the moves that the designers wanted you to. As I've said before, the original gave you a world and some moves, and if you could get somewhere in the map with the moves, then the game let you do that. That's simply not permitted anymore, and so it really doesn't feel like exploration anymore. Also, the story's a bit of a mess. And the killing, so much killing. In the original Tomb Raider, you killed a handful of actual humans and lots of wild animals. Here that's exactly reversed.
- Plants vs. Zombies (PSV) - I played this to completion before, but this was the playthrough in which I got my platinum trophy. So, yeah, done with it. For good.
- God of War (PS3) - Another platinum run. Finished this ages ago on the PS2 and then the remake on the PS3, but hadn't gotten the last few items on the trophy list.
- Hotline Miami (PS3/PSV) - As violent as it is pixelated, this game managed to convince me that most of the time I was dying simply because I wasn't skilled enough and just one more try might do the trick. Also has a nifty story with an alternate ending that feels like the developers are simultaneously reveling in making a violent video game and criticizing the genre at the same time.
- The Last of Us (PS3) - Game of the year right here. Absolutely riveting, especially if you have children and particularly a daughter. That said, it was so emotionally draining that I probably will never play it again.
- PixelJunk Shooter (PS3) - Finished this long ago, but missed the last trophy. Went back and cleaned that up.
- The Unfinished Swan (PS3) - So much more than I had imagined it was, based on the original videos. The kids watched me play this, and sat silently for long periods just taking it in. Simple and beautiful.
- OMG HD Zombies! (PSV) - Played and finished this upgraded version of the PSP/PS3 original. Enjoyed it immensely, even though I'll never get it 100%. You have to complete the game like 20 times -- madness.
- Game Dev Story (AND) - What a treat. If you follow how games are made and sold, you'll enjoy this cute game dev/pub simulation. I wish they'd hurry on the promised sequel, even if I have to wait a little longer to get it on Android.
I cared. :D
Your Tomb Raider comments mirror my own. As someone who finds shooting a gun the least interesting game mechanic, I doubt I'll be playing any more Tomb Raider games since I have no doubt shooting will be the primary mechanic from here on out, especially since story will not draw me in as it did with TLOU.
By LisaB, at 09 January, 2014 18:09
I cared. :D
Your Tomb Raider comments mirror my own. As someone who finds shooting a gun the least interesting game mechanic, I doubt I'll be playing any more Tomb Raider games since I have no doubt shooting will be the primary mechanic from here on out, especially since story will not draw me in as it did with TLOU.
By LisaB, at 09 January, 2014 18:10
Thanks, LisaB.
Yeah, TLOU is a difficult act to follow. It's clear that TR2013 wanted to follow in the footsteps of Uncharted, and just six months later Naughty Dog raises the bar even higher. I have extremely high hopes for whatever ND try to do on the PS4.
Just look at the lone sequence in the snowy woods in the middle of TLOU and you can get a feel for what TR2013 could have been. That kind of solitary experience -- just brilliant.
Welcome back!!
Hell, I should make a games finished post myself.


text:
If you plan to take the Vascular Medicine Board Examination, this book is essential. Presenting the compiled knowledge of experts in the field and emphasizing topics covered on the exam, this concise text:facilitates review and retention of material with questions and answers for each chapter covers topics from multiple perspective through multidisciplinary authorship serves as a convenient quick reference with highlighted bullet points is endorsed by the Society for Vascular Medicine and BiologyBeginning with vascular biology, the book progresses through a series of specific diseases, disorders, and conditions. The authors cover testing, treatment, and techniques, providing a comprehensive source of dependable information on clinical evaluation and management.
DETTAGLI PRODOTTO torna su
Titolo: Vascular Medicine and Endovascular Interventions
Autori: Rooke
Editore: Wiley
Volume: Unico
Edizione: 2007
Lingua: Inglese
Finitura: Copertina flessibile
Pagine: 352


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Olly FS Cantilever chair
Manufacturer: Bacher
Designer: bacher design team
+49 7231 313061
Olly FS, the flat steel cantilever chair from the Olly chair series by Bacher-Design, is a very convenient and comfortable upholstered chair with low backrest. Seat and back cushion can be ordered as you wish with leather, microfiber, alcantara or fabric cover. The chair can be executed with or without armrests. The flat steel frame is available in 3 variants - in high gloss chrome, matte chrome or chrome Champagne®. The chair series Olly is completed by chair and barstool, each with 4-legged base.
Modern living makes many simultaneous demands on its spaces. Bacher (the Collection) has dedicated itself to this theme. Wood, glass, natural stone and metal are the elements Bacher develops pieces of design furniture as well as entire concepts that are made especially for people requiring a high level of flexibility.
Do you have a question about "Olly FS"? How can we contact you?
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Tags: Climate Change
This week, the Senate Energy and Natural Resource committee once again voted on approving the Keystone pipeline. While Senator Landrieu (D-LA) may be eager to show she can deliver for the oil and gas industry, the industry itself has become less eager of late to dig into tar sands projects. On May 30th, the Canadian branch of French oil major Total SA put on indefinite hold an $11-billion project that would have extracted 160,000 barrels of tar sands oil per day from Alberta. Total pointed towards rising costs and falling profits as the drivers of the most recent in a series of cancellations that show that tar sands oil isn't just dirtier and more risky in spills than other sources of fuel – it also makes little economic sense.
Total cancelled the similarly expensive Voyager upgrader project last year, a decision that caused the firm to take a $1.65 billion loss in the first quarter of 2013. Tar Sands oil is all risk, no reward – and more and more, it's looking like that risk also applies to the companies extracting it. With the costs of starting new tar sands mining projects at $90-100 per barrel and with producers paying from $15 to as much as $31 per barrel for barge and rail transportation to refineries – much more than the cost of transporting it by pipeline - the case that Alberta's tar sands reserves will be inevitably developed with or without the Keystone XL pipeline looks increasingly shaky.
Although the industry has downplayed the reality of rising costs and trouble finding a market for their product, they recently revised down their 2030 production numbers by almost half a million barrels per day. The Canadian Association of Petroleum Producers' annual outlook was also significantly less optimistic than the State Department on the alternatives to Keystone XL, reporting that trains will be able to move no more than 700,000 barrels per day of tar sands crude by 2016. It's unclear that even that number is realistic. As of March 2014, only 57,000 barrels of tar sands oil per day were reaching the Gulf Coast, a trickle compared to the capacity of the proposed pipeline. There is a reason that they are fighting so hard to get Keystone XL and other pipelines approved: they would serve as a desperately-needed lifeline for the ailing tar sands industry.
Meanwhile, it turns out that the already-built southern leg of Keystone XL, which pipeline operator TransCanada has insisted is the "world's safest pipeline," required nearly three quarters of its welds to be redone during a single week last September. This discovery prompted the Pipeline and Hazardous Materials Safety Administration (PHMSA) to slap special conditions on TransCanada requiring that an independent, third-party inspection company verify the safety of their work . But don't worry – if TransCanada's plans to build the Keystone XL through America's most vital aquifer fall apart, tar sands producers can still try a route that runs along the Great Lakes.
Canada's government is pulling out all the stops to persuade the United States to approve another pipeline operated by Enbridge, a company that has displayed an abysmal safety record with Keystone and other pipelines, to run through an area with critical water supplies. This pipeline will carry oil that is dirtier, riskier, and more expensive than anything else we can dig up so that big oil companies can then ship tar sands products to China or India. If that sounds like a good deal, there's a car in my driveway I'd like to sell you. Keystone XL and tar sands have always been a bad deal for the American people, and it's becoming less and less clear just who benefits from their development.


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United States District Court, N.D. California
September 22, 2014
JOAN AMBROSIA, et al., Plaintiffs,v.COGENT COMMUNICATIONS, INC., Defendant.
RICHARD SEEBORG, District Judge.
Plaintiffs are former salaried employees of defendant Cogent Communications, Inc. ("Cogent") who seek damages and other relief predicated on Cogent's alleged failure to pay overtime in violation of California and federal law. Cogent now moves for judgment on the pleadings as to plaintiffs' collective action and class action allegations on the basis of collateral estoppel. Pursuant to Civil Local Rule 7-1(b), the motion is suitable for disposition without oral argument and the hearing set for October 2, 2014, is vacated. The motion is denied as Cogent has not met its burden to establish that the issues presented here are identical to those decided in the prior proceeding, as explained below.
In December 2011, three former employees filed a complaint against Cogent in the Southern District of Texas alleging the company failed to pay overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq. Lagos, et al. v. Cogent Communications, Inc., No. H-11-4523 (Filed Dec. 21, 2011). The Lagos court conditionally certified a nationwide class of "all current and former Global Account Managers and Regional Account Managers, employed by Cogent Communications, Inc. between December 21, 2008 to the present, who worked over 40 hours in a work week."
Following discovery and an opt-in period, Cogent moved to decertify the FLSA collective action, arguing the plaintiffs were exempt from overtime based on their outside sales activities. Applying the analysis set forth in Lusardi v. Xerox, 118 F.R.D. 351 (D.N.J. 1987), the court concluded the case could not be maintained as a collective action. In particular, the court found that factual differences among the opt-in plaintiffs with regard to the amount of time spent on outside sales activities-ranging from zero to sixteen hours per week-would have required the jury to make an individual exemption determination for each plaintiff. In addition, Cogent presented evidence that management had communicated the importance of outside sales work to class members, while the plaintiffs had not identified any company-wide policy that would allow their claims to be adjudicated collectively. Concluding "it would be impossible for the jury to make a blanket determination concerning the FLSA exempt status of the entire class of Plaintiffs, " the court granted Cogent's motion, decertified the collective action, and dismissed the opt-in plaintiffs.
Two months after the Lagos court granted Cogent's motion to decertify the nationwide class, five additional suits were brought against Cogent alleging similar overtime violations on behalf of plaintiffs in California, Florida, the District of Columbia, Virginia, and New York.[1] Plaintiffs in the instant matter assert the same FLSA claim for unpaid overtime as was set forth in Lagos and three additional claims under California state law: failure to pay overtime in violation of California Labor Code, §§ 510, 1194; failure to pay wages due and owing in violation of California Labor Code, §§ 200-203; and violation of the Unfair Competition Law (UCL), California Business & Professions Code, § 17200 et seq. Plaintiffs seek to represent a statewide class for their California claims comprised of "[a]ll account managers who have worked for Defendant in California and were not paid overtime at any time during the period from four years prior to the filing of the original complaint in this action through the date of final judgment." Complaint, ¶ 22; see Fed.R.Civ.P. 23. Plaintiffs also propose an FLSA collective action on behalf of the same group, pursuant to 29 U.S.C. § 216(b).
Cogent now moves for judgment on the pleadings as to plaintiffs' claims for class and collective relief. See Complaint, ¶¶ 22-29. According to Cogent, plaintiffs are collaterally estopped from asserting their class claims in this matter as the identical issue was already decided by the Southern District of Texas.[2]
Rule 12(c) of the Federal Rules of Civil Procedure provides that "[a]fter the pleadings are closed-but early enough not to delay trial-a party may move for judgment on the pleadings." Such a motion, is "functionally identical" to a Rule 12(b) motion to dismiss for failure to state a claim, differing only in that it is filed after pleadings are closed. See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). In evaluating a motion for judgment on the pleadings, all material allegations in the complaint are accepted as true and construed in the light most favorable to the non-moving party. See Turner v. Cook, 362 F.3d 1219, 1225 (9th Cir. 2004) (citation omitted).
Cogent has the burden as the party asserting collateral estoppel to establish "(1) the issue necessarily decided at the previous proceeding is identical to the one which is sought to be relitigated; (2) the first proceeding ended with a final judgment on the merits; and (3) the party against whom collateral estoppel is asserted was a party or in privity with a party at the first proceeding." Hyrdonautics v. FilmTec Corp., 204 F.3d 880, 885 (9th Cir. 2000). Cogent relies on the decision to decertify the FLSA collective action in Lagos to assert collateral estoppel in this matter against plaintiffs' collective FLSA claim and California state law class claims, even though the latter claims were not asserted in the original Lagos matter.
Cogent readily satisfies the second and third factors set forth above regarding finality and privity. First, the Lagos decision to decertify constitutes a "sufficiently firm" adjudication on the relevant issue of FLSA certification "to be accorded conclusive effect" on that matter. See Luben Indust., Inc. v. United States, 707 F.2d 1037, 1040 (9th Cir. 1983); In re Bridgestone/Firestone, 333 F.3d at 768. Second, privity is certainly satisfied as to the fourteen of sixteen plaintiffs in this matter who opted-in to the Lagos collective action and thereby became parties per the FLSA. 29 U.S.C. § 216(b). Though neither Bill Chan nor Jason Ruis was a party in the Lagos case, they share the interests of the parties in that action in certification and were adequately represented in the former action by the co-plaintiffs, as well as the same lead counsel who has represented plaintiffs in both matters. See Shaw v. Hahn, 56 F.3d 1128, 1131-32 (9th Cir. 1995) (finding privity where interests aligned); Murray v. Sears, Roebuck & Co., No. 09-5744-CW, 2010 U.S. Dist. LEXIS 83284, at *14 (N.D. Cal. July 21, 2010) (finding unity of counsel to be a relevant factor to privity).
Cogent does not, however, meet its burden on issue identity. The critical distinction is not, as plaintiffs suggest, that this case involves California wage claims not presented in Lagos. The relevant question is whether the Lagos decision that a nationwide class presented factual distinctions not amenable to collective adjudication necessarily applies a statewide class of California plaintiffs. In reaching its decision, the Southern District of Texas noted several factual issues not necessarily present in this action on the face of the pleadings. For example, the evidence presented in support of the motion to decertify in Lagos demonstrated disparate sales practices among the relevant offices, a corporate structure in which the named and opt-in class members reported through twelve different regional managers, and a lack of any uniform policy relevant to the question of whether the plaintiffs were properly classified as exempt employees. Nowhere did the Lagos court specifically discuss the evidence relevant to those opt-in class members from California.
In contrast to the nationwide class in Lagos, the proposed class definition in this case is limited to current and former employees in California only. Whether such a class may properly be certified under either Rule 23 or the collective action provision of the FLSA is a question for another day. At this juncture, Cogent has not demonstrated that certification of plaintiffs' class and collective claims will necessarily present the same issue decided in Lagos, i.e., that a nationwide class cannot be certified.
The Eastern District of Virginia reached a similar conclusion in Allen, et al. v. Cogent Communications, Inc., No. 14-456, 2014 WL 4270077, at *3 (Aug. 28, 2014), one of the five spin-off suits to follow decertification in Lagos. In Allen, Cogent asserted collateral estoppel in opposition to the plaintiffs' motion for notice and conditional certification of a statewide, opt-in collective action. As in Lagos, the plaintiffs in Allen asserted only one claim under the FLSA. Nevertheless, the Allen court rejected Cogent's collateral estoppel argument. As the Allen court observed, the decision in Lagos did not discuss any Virginia-specific practices. "[T]he issue before the Lagos court was whether [account managers] from across the country were similarly situated. The issue before this Court, however, is whether [account managers] from Defendant's three Virginia offices are similarly situated. These are plainly not identical issues." Allen, 2014 WL 4270077, at *4.
The cases upon which Cogent relies are distinguishable. For example, the Seventh Circuit has held that a prior decision finding the district court abused its discretion in certifying a nationwide class was sufficiently firm to preclude further attempts by either the named or absent class members to seek nationwide certification in other venues, but noted that its prior order specifically contemplated subsequent statewide claims. See In re Bridgestone/Firestone, Inc., 333 F.3d 763 (7th Cir. 2003), abrogated on other grounds, Smith v. Bayer Corp., 131 S.Ct. 2368, 2379-81 (2011); see also Alvarez v. May Department Stores Co., 143 Cal.App.4th 1223, 1238 (2006) (striking class allegations based on a finding the claims asserted were identical to those asserted by an identical class in a prior litigation); Frosini v. Bridgestone Firestone N. Am. Tire, LLC, 2007 U.S. Dist. LEXIS 73767, at 30 (C.D. Cal. Aug. 24, 2007) (applying collateral estoppel to California class claims because the state court had previously denied certification of a nationwide class as well as a California sub-class involving the same plaintiffs).
Cogent's failure to satisfy the first factor set forth in Hydronautics is dispositive, as it is Cogent's burden to establish all three factors, which are set forth in the conjunctive. See Hydronautics, 204 F.3d at 885. As such, collateral estoppel does not apply to plaintiffs' class and collective action allegations in this matter.
For the reasons set forth above, Cogent's motion for judgment on the pleadings is denied. The Case Management Conference currently set for October 2, 2014, is continued to October 9, 2014 at 10:00 a.m. in Courtroom 3 on the 17th Floor of the United States Courthouse, 450 Golden Gate Avenue, San Francisco. The parties shall file a Joint Case Management Statement at least one week prior to the Conference. Parties or counsel may appear personally or file a request to appear by telephone. If any party files such a request, all parties shall appear telephonically at 11:00 a.m. and must contact Court Conference at 866/582-6878 at least one week prior to the Conference.
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