text:
TxDOT Launches Safe Phone Zones At Rest Areas, Travel CentersThe Safe Phone Zones offer various benefits for drivers such as free Wi-Fi.
TxDOT Urging Drivers To 'End The Streak' Of Roadway FatalitiesToday marks a grim anniversary for the Texas Department of Transportation (TxDOT) and drivers in the Lone Star State.
Top 5 Biggest Road Construction Projects In DFWWith a new approach allowing contractors to design and build a project simultaneously, TxDOT said that roads are being built twice as fast as they were just a decade ago.
Never Too Early To Be Prepared For Snow And IceTo cover the 16 counties of North Texas, both TxDOT Fort Worth and TxDOT Dallas have a combined 325 dump trucks, sanders and deicers, along with 570 people that can hit the roads around the clock for winter events.
TxDOT Preparing Equipment For Winter WeatherTemperatures will still be nearing 90 degrees this weekend, but officials with TxDOT are already thinking about snow. Employees have started getting equipment prepared for winter weather events.
TxDOT Fixing Hole In A Bridge In Balch SpringsThe Texas Department of Transportation was called to fix a hole in a bridge in Balch Springs Saturday at 635 and Seagoville Road.
Stemmons Project Should Help Traffic CongestionThe Lower Stemmons Freeway Project is expected to soothe congestion, and cut out traffic weaving between Woodall Rogers Freeway and the Dallas North Tollway.
Changes Come To Busy Denton County HighwayChanges came Tuesday for a busy roadway in a growing part of North Texas. Highway 380 in Denton County is in the middle of a widening project which required new traffic patterns to be set.
Construction Worker Killed On Highway 380Little Elm Police tell us on their 5 ½ mile stretch of Highway-380 alone, they've seen the number of vehicles per day rise more than 20% since 2013, and each year since then, the number of crashes has increased significantly.
North Texas Well-Represented On List Of 100 Most Congested Roads In StateDallas County has six of the top 20 most congested spots. Denton has one at number 18.
Study: Elimination Of Texas Toll Roads Would Cost $24BState lawmakers requested TxDOT to come up with an estimate to eliminate toll roads, although; lawmakers don't expect all tolls to go away.
Frisco ISD Faces Funding Vote As Students ReturnChildren are heading back to classes in the Frisco ISD on Monday, but educators, voters and even drivers across the district have a lot on their minds as well, as the new school year begins.


text:
Sci fi/Fantasy image byLisa Ferreira
Don't know what to say about this. My first attempt at chibi. Just wanted to do something quick. Can't do feet lol. Tips welcomed though I don't think I will be doing too many more of these.
Published More than a year ago
Category Anime/Manga
Be the first to favourite this image.

subset: commoncrawl


text:
Check in from 14h / Check out prior to 10h
Hotel Ezustpart Siofok: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Siofok, Hungary.
Hotel Ezustpart Siofok is located in Siofok and is close to Silver Shore.
Hotel description
The hotel has cosy rooms, equipped to fit the requirements of any traveller.
Hotel features
Fitness Room/Gym
Availability and Prices
Booking Site
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Per room
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Users who viewed Hotel Ezustpart Siofok also viewed these 3 stars Siofok hotels:
Hotel Holiday Siofok
Petofi Setany 3, Siofok
Petofi Setany 3, Siofok
Doris Hotel Siofok
Batthyány u. 26, Siofok
Batthyány u. 26, Siofok
Viva Hotel & Hostel
Koztarsasag u. 3., Siofok
Koztarsasag u. 3., Siofok
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Nearest hotels
- Silver Beach Retro Hotel
10 m
- Natalie Apartman
256 m
- Szalai Apartman
258 m


text:
Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB.
Join the 15-year community celebration.
Play games and win prizes!
Rate this file 28 Downloads (last 30 days) File Size: 1.59 KB File ID: #7738 Version: 2.0
27 May 2005 (Updated 14 Apr 2016)
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Editor's Notes:
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text:
With our inventory management system, we are capable to undertake urgent and massive requirements of the buyers at a time. Based in Delhi(India), we are in the business of supplying products that are reckoned for their quality and excellence.
Rohit Aquarium
5625 76 Regharpura Karol Bagh New Delhi - 110005 India, Delhi , India
We ensure on time distribution of wholesale as well as retail consignments owing to an extensive vendor, distributor and logistic facility base. The organization is a trusted name based in Delhi(India) and known for its fair pricing policy.
Josh Kumar And Son
A 9 Dda Shed Phase 2 Okhla Industrial Area New Delhi - 110020 India, Delhi , India
Backed by a team of proficient quality inspectors, we provide only quality assured products to the customers. Keeping pace with the contemporary market trends, we ensure on-time and safe delivery of the orders.
Fish Aquarium Home
H-16 17 Vikas Marg Laxmi Nagar Delhi - 110092 India, Delhi , India
Deals in Fish Food, Fish Bowl, Aquarium Stones, Pillar Style Aquarium, Aquarium Plants, Top Filter, aquarium heaters, fish tanks, protein skimmers, bullet aquarium
Fish Aquarium Bazar
393/1, M.g.road, Ghitorni, Delhi, Delhi - 110030, India
Deals in Aquarium Filters, Aquarium Plants, Aquarium Accessories
Pet Duniya
No. 32/ C / D / G /1, Viashpuri, Delhi, Delhi - 110018, India
Deals in aquarium air pumps, aquarium power heads, aquarium plain heaters, aquarium under gravel filters, aquarium heater, fish medicine, aquarium power filters
Tropi International
300/2, Than Singh Nagar, Military Road, Karol Bagh, New Delhi, Delhi - 110005, India
Deals in aquarium power heads, aquarium power filters, aquarium plain heaters, aquarium air pumps, thermostat aquarium heater
Tropi International
L- 79, Sec -2, Bawana Ind Area, Dsidc, Delhi - 110039, India


text:
Hydraulic Guillotine Shear Qc11y 12x3200 - Chinaprice: contact company for price
Summary of Machine
1.The machine frame adopts holistic welded and annealing
treated steel structure which has sufficient strength and
2. Advanced integrated hydraulic transmission system with an
excellent reliability.
3. Equipped mechanical back gauge with manual fine
adjustment and digital displayer showing the position,
strokes and cutting times. The backgauge is driven by
inverter motor, quick &accurate positioning.
4. Quick blade clearance adjust, stepless adjustment and
high precision.
5. High performance light alignment, helpful to mark out for
6. Triple support lead rail to eliminate the gaps, it
enhance the shearing quality
7. With sensitive and reliable safety barrier as protection
8. The machine can also be equipped with a support conveyor
Company Contact:
- Posted By: Shanghai Junhan Industry Co., Ltd.
- Phone: 862160641796
- Address: 3703 Gong He Xin Road, Zhabei District, Shanghai, China
- Email:
- Website: http://www.junhangm.com
Published date: September 25, 2013 -
- Business Description: Shanghai Junhan Industry Co., Ltd. is a high tech enterprise in Shanghai
that is engaged in the R&D, manufacture, sale and technical service of
machinery & equipment, such as Band saw machine, Hydraulic Ironworker
Machine, Hose crimping machine, Fire extinguisher refilling machine,
Pressure Test Pump, Wheel Balancer, Tire Changer, Hydraulic Shear
Machine, Air Compressor, etc.
And we are in the leading position of the same industry in China. Our products have been winning identical favorable commence and high reputation in China and throughout the world, exported to Southeast Asia, Mid east, African, South and North America, Russia, Europe, etc. Our products have passed the CE certification.
We use perfect equipment, advanced technology, developed skills and management to serve our customers and offer customers more competitive price and best service. We warmly welcome all of customers and buyers come to visit our company and establish good and long business relationship with us.
We also can supply the OEM service according customer s requirement.
Related listings
200kw Medium Frequency Steel Plate Induction Heating MachineMachinery - Metal Working - Zhengzhou Gous Electromagnetic Induction Heating E - China - May 3, 2016 - contact company for price
Advantages of 200KW medium frequency steel plate induction heating machine: 1. Wide frequency range: 1khz - 10khz, according the diameter of working piece to choose suitable frequency. 2. When heating a whole piece of material, the length of inductio...
Advertising Plasma Cutting MachineMachinery - Metal Working - Shandong Laser Source Technology CO. LTD. - China - April 28, 2016 - contact company for price
Features 1. Light beam design, good rigidity, light weight and tiny moving inertia. 2. Y axis adopts double motors with double drives. XYZ axis round rail, moving smoothly, with high accuracy. ( option: square rail ) 3. Excellent performance on cutti...
Industrial Plasma Cutting MachineMachinery - Metal Working - Shandong Laser Source Technology CO. LTD. - China - April 28, 2016 - contact company for price
Industry Plasmas Cutter 1. Welded lathe bed of thick- wall profiled steel, artificial prescription, more solid and stable. 2. Reasonable platform design, 10mm thickness steel plates fixed on the table covered by cast sheath with spikes. Steel plates ...
Safe Trade Tips
- Ask for business references and check them
- Use a payment method that offers better protection for all such as Letters of credit and verified professional escrow services. Avoid payments in advance such as money transfers
- Verify their business via their local Chamber of Commerce
- Search the internet using their website address, their business name, their phone and fax numbers, and their email addresses to see if you can find any feedback about them.
- Get to know more about scams to avoid: Internet Crime Complaint Center - International Financial Scams
- This site is never involved in any transaction, and does not handle payments, shipping, guarantee transactions, provide escrow services, or offer "buyer protection" or "seller certification"


text:
Make spirits bright this holiday season.
Give a Kiva gift.
We loan because...
We care about kids, education, & developing
families. By supporting parents and educators we are helping kids to have the resources they need to develop fully and improve the world.
Changing the world one family, one kid, one educator at a time....
About us
Pro-family because we are pro-kid!
Location: Colorado and worldwide Team website
99+ messages. Join the team to get in on the action!
Have feedback on lending teams? Click here.


text:
805 W 200 N Salt Lake City, UT 84116
Hi, Blueroof 360.
My name is
and I have a question about 805 W 200 N Salt Lake City
You can respond by either emailing me at
or call during
My Question Is:
Estimated Monthly Payment$5,051
- Photos
- Location
- Questions
- Share
- Mortgage Calculator
- Status: Active
Listing courtesy of Old Home Realty
Buy today, build tomorrow!! Blue prints, survey,engineering, plan check, sewer connection fees, and temporary water/power are completed. Designed is a two story home, two car garage, 4 bedrooms, 2.5 baths, no basement. One block to Jackson Trax stop.
Interior Features Include:No Information Available.
Exterior Features Include:
Acreage: 0.0900 Acres
Lot: Corner Lot, Fenced: Part, Terrain: Flat
Other Features Include:
Utilities Gas: Available, Power: Available, Sewer: Not Connected, Sewer: Public, Gas: Stubbed
Culinary Water Stubbed
Taxes 659
School District: Salt Lake
Information deemed reliable but not guaranteed accurate. Buyer to verify all information.The multiple listing information is provided by Wasatch Front Regional Multiple Listing Service, Inc. from a copyrighted compilation of listings. The compilation of listings and each individual listing are © 2014 Wasatch Front Regional Multiple Listing Service, Inc., All Rights Reserved. The information provided is for consumers, personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.


text:
Tweak Your BizShared publicly -
Can A Brand Belief Help You To Be More Successful In Today's Tough Environment? +Gary Bembridge thinks so and gives some great examples.
In this article I will try and convince you that your business or brand will be more successful, and challenge your competitors more, by ens
Add a comment...


text:
- Product Description
- Technical Specification
- Customer Reviews
- Questions and Answers
MPN: 90054243 EAN: 0725882020891Polar A300 is a fitness and activity monitor that tracks 24/7 activity including monitoring your daily activity goal, providing activity guidance to reach your goal and informs you of activity benefit. Also measures steps, calories and distance. Measures heart rate while swimming when used with a Polar H7 Heart Sensor. 24/7 activity tracking that measures your daily activity goal, time, steps and distance as well as monitoring your sleep duration and quality. Measures heart rate only when used with a H7 Heart Sensor and features an energy pointer and smart calories. Works with the free Polar Flow app and web service. Water resistant up to 30ms.
Technical Specification
|Product Description
|Polar A300 activity tracker - sorbet pink - with heart rate sensor
|Product Type
|Activity tracker
|Supported Host Device OS
|iOS, Android
|Tracking Data
|Time, calories burned, activity, sleep activity, steps taken
|Target zone
|Battery Run Time
|Up to 26 day(s)
|Sorbet pink
|Case Material
|Stainless steel, fibreglass, polymethyl methacrylate, ABS polycarbonate
|Dimensions (WxDxH)
|X 12.7 mm
|48 g
|Manufacturer Warranty
|2 years warranty
|Bundled with
|Heart rate sensor
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- numRecs
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- sdgProductId
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- Alternatives
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- 13
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- atgProductId
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text:
Koen Vellenga
Intern, Advisory
In this article, Koen discusses his internship about a scientific study on Robo AdvisoryLearn More
Make the name behind the world's most innovative digital services the driving force behind your career. Discover what's possible with Atos.
Imaginative solutions, creatively realised. That's the essence of what we do here at Atos. This means our people always need to be at their sharpest. We'll invest in you to hone your talent and shape your future. How else can we remain at the cutting edge?
We define ourselves by redefining what excellence looks like in digital services. This has seen us grow into a global powerhouse. 100,000 people across 72 countries generate revenues of around €12 billion. IT infrastructure. Big data Security. Payments. Consulting and Cloud Services. These are our key areas of focus. And we're pushing the boundaries in each of them for clients across Defence, Financial Services, Health, Manufacturing, Media, Utilities, Public Sector, Retail, Telecommunications and Transportation.
Enhancing our clients' competitive edge through innovative digital services. A depth and breadth of knowledge and expertise underpinned by the unrivalled vision and insight of our people. This what we do. Day in, day out, we work tirelessly to bring pioneering solutions to life, to business, to meet whatever our clients' needs may be.
Adaptive, responsive, reliable and secure, our IT infrastructure solutions are the backbone of some of the biggest names in business. More than this, they enhance their capabilities and help ramp up productivity. From full end-to-end servicing to expert user support, our services combine the very latest technologies with the unwavering commitment to excellence for which we are renowned.
Knowledge is power – and we put this power at our clients' fingertips. Our insight and expertise means we can help them see behind the buzzword to the world of opportunity beyond. Business Intelligence. Data Mining. Enterprise Content Management. Decision Support Systems. All of these Big Data initiatives are changing the game for clients in the know. The data landscape is changing all the time. We help clients to navigate it successfully.
Through our Worldline brand, we're the European leader in business and payments transactional services. 40 years' experience in this area mean we combine the expertise and capabilities to support businesses of all kinds in this constantly evolving market landscape. Merchant services; mobility and e-Transactional services; and financial processing are our key focus as we position ourselves as the preferred partner to business and help deliver improved commercial performance.
We bring clarity to the cloud. Our insight and thought leadership in this area make us the ideal partner to unlock its potential and make it work for our clients' specific needs. Creating value, security and enhanced performance is just the tip of the iceberg. Harnessing the capabilities of cloud means business will never be the same again.
We deliver the competitive edge our clients need to outperform their competitors. The agility and adaptability our services confer make us a force to be reckoned with. We're transforming businesses through our depth of digital expertise, the strength of our people and our innovative approach to design, implementation and ongoing support.
The greatest sporting spectacle on the planet. Powered by innovative digital services. Delivered by us.Learn more
Our Scientific Community provides expert insights, practical tips and a thorough understanding of how organizations can use technology to drive business growth and achieve successful transformation. It also identifies the technologies which we believe will be key tomorrow and provides the answers on how to leverage them for current and future business needs.
Sign up for job alertsSign up


text:
Things like a "forum database unavailable" message when trying to post? No posts or new threads available to view in indivdual forums after Nov 10th? Some formatting/alignment issues?
It's better now in the last few minutes but keeps logging me off everytime I switch screens.
Is it COTH doing some wee hours work that ran over? Or do we have a problem?


text:
uninstalling Ubuntu pack and installing source pack
I once installed Source pack in my desktop and installing source pack is a pain in the neck for beginners in linux like me but at the end I was able to install it and did couple of examples (lid driven cavity, Hartmann flow MHD) that are given in the user guide
To avoid the difficulties in installing source pack I installed Ubuntu/Debian pack version 1.7.0 in my laptop the process went fine (I used icoFoam -help and it worked fine which shows the installation was successful) but I don't see any folder with a name like "OpenFOAM".
When I installed the source pack in my desktop I could see a folder which has different folders in it which represent different type of solvers, there was also a folder for examples, as I could not find a folder like this when I installed using Ubuntu/Debian pack I want to uninstall it from my laptop and then install source pack (though it is a pain, I want to learn so I will go for it)
But I don't know how to uninstall so could anyone please tell me how to uninstall the Ubuntu/Debian pack.
Thank you
Greetings vetnav,
Well, the Ubuntu/Debian package installs OpenFOAM in the folder /opt/openfoam170.
If you follow the part of the user guide (this page) that comes before the cavity tutorial, you will have your own copy of the tutorials to work with!
But if you still want to uninstall the packages, just to the opposite of "apt-get install", just do "apt-get remove". In other words:
sudo apt-get remove openfoam170 paraviewopenfoam380
Best regards,
Thank you very much
|All times are GMT -4. The time now is 01:52.


text:
In Cold Blood
export ed
By (author) Truman Capote
Format: Paperback
Normal Price: $12.99
Your Price: $10.91 AUD, inc. GST
Shipping: $7.95 per order
You Save: $2.08! (16% off normal price)
Plus...earn $0.55 in Boomerang Bucks
Availability: In stock now, ships immediately
In Cold Blood by Truman Capote
Book DescriptionTruman Capote's In Cold Blood is both a masterpiece of journalism and a powerful crime thriller. Inspired by a 300-word article in The New York Times, Capote spent six years exploring and writing the story of Kansas farmer Herb Clutter, his family and the two young killers who brutally murdered them. In Cold Blood created a genre of novelistic non-fiction and made Capote's name with its unflinching portrayal of a comprehensible and thoroughly human evil.
Buy In Cold Blood book by Truman Capote from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9780141038391
(181mm x 111mm x mm)
Pages: 150
Imprint: Penguin Books Ltd
Publisher: Penguin Books Ltd
Publish Date: 1-Sep-2008
Country of Publication: United Kingdom
Other Editions...
Customers who bought this also bought...
Books By Author Truman Capote
In Cold Blood, Hardback (June 2013)View all books by Truman Capote
Originally published: New York: Random House, c1965.
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text:
Photography is such a beautiful thing.. the life it has given me and the doors it has opened for me. The best gift I was probably ever given in my life was the little 35mm point and shoot camera my grandma gave me for a birthday back in 1991. Photography took hold of me then and little did I know the life I was in for :) It instantly gave me a voice and the opportunity to connect with so many beautiful people. Photography to me, is my way of expressing to the world how I am feeling. I feel most times I have trouble speaking how I feel.. with photography it just flows so naturally.. its my artform.. my language.. thats why I am so connected to it, so crazily passionate about it and have so much of my identity in it. The true gift photography has given me is that it has created a bridge for me to connect with people. Photography is not about clicking a button. It's not about what camera I use, what lens I use or if I shoot film or digital. Its about people. Connecting with people. Engaging with other humans in this crazy beautiful world we live in.
I had a really defining moment in my life a few years ago. Everything changed. Everything. In July 2008, I went to San Francisco to attend Jesh de Rox's life {as an artform} workshop. I remember sitting next to Jesh at the welcome dinner and I could barely utter a word. I was so incredibly shy. I was so desperate to connect with people but my fears and shyness were holding me back from being the photographer and more importantly the person I wanted to be.
Fast forward 2.5 years later.. to today. Many air miles, telephone calls and crazy adventures later.. so SO so many of the incredible people in my life can be linked back to Jesh. My life has become so rich from knowing him. He has this amazing ability to connect with people. Jesh has taught me so much and I am so grateful for his friendship, looking out for me and mentoring me over the last few years. We have become dear friends in this time, he has been there in the best times of my life and helped me through the absolute hardest.
One of the best things Jesh has given me was Beloved. Giving me the opportunity to learn and experience what Beloved is and implementing it into my life and photography. He has been working hard on launching the beloved collective, which I am so so proud to be part of. We have so many exciting things planned for this year with Beloved, some of it includes some speaking and teaching by me.. how did I go from being such a shy lil sammy to only two years later be public speaking in front of hundreds…its crazy to think about. I love my crazy life.
My dear friend Jesh de Rox is doing a preview talk on BELOVED: A Business that Feeds Your Heart & Your Family' this week. I am so excited for what we have in store for Beloved. its so very very exciting.
Beloved: A Business that Feeds Your Heart & Your Family
What is Beloved and what can it do for you? Click the link below to register for the FREE preview talk 'Beloved: A Business that Feeds Your Heart & Your Family' and find out more about the new, heart-centered genre of photography that's sweeping the world.
The preview talk will be held online, March 23, 2011, at 6:00pm PDT, (so March 24th for us Aussies..9am for WA and 12pm for NSW/VIC).
In this 1hr web seminar, Jesh will discuss Experiential Technique, the information technology that powers the exciting new genre of Beloved. He'll give an overview of the massive potential it represents to photographers in all fields, strengthening their current work and enabling them to explore a huge untapped market of clients in a way that could truly touch the world.
Jesh will outline how the Beloved Collective is empowering photographers right now, its plans going forward and how photographers that want in on this industry-wide revolution can learn more.
To sign up for the free preview talk please register at http://bit.ly/belovedcollective
hope to see you there :) xoxo
Hi Sammy!
I actually work on Wednesday morning Sam! Any chance somehow I can watch it later?
This is beautiful Samm, thank you for sharing. You and the other gals at FIND spoke so highly of Jesh & his workshop that I've been intrigued ever since. I'm looking forward to the 24th! x x
It was amazing hearing him talk, Samm - I'm so glad I visited the blog earlier this week & found out about this (+an email from lovely Liz Arcus). I was moved from beginning to end - exactly how all of you from FIND told me I'd feel if I ever did his Beloved workshop. This was such a small taste but a powerfully moving one and I related to EVERYTHING he talked about. What an amazing mentor you have and what an incredible collective to be a part of. I wish you all the best with that and look forward to crossing paths with you again one day. Hope you settle nicely in Melbourne... x x
hi samm, i also missed signing up for the beloved web seminar due to work, so would love to know if there is an opportunity to hear the talk again and sign up to hear about any future seminars or workshops you are involved with. many thanks & creative regards, freedom
Hi Samm..!
I´m onboard on the web seminar and am looking forward to your presentation next week..! :)
I would also be interested in any seminars??
If you're still running them that is? :)


text:
Playhouse, August 25, 2010
He pushed his way through the door without a knock, ignoring the doorbell. I was braced for his arrival, hoping he would be late this year, but he wasn't. He had seen the first leaves gather under the cherry tree, heard the turtle doves, and had felt that touch of fall in the air.
He followed me to my study and cast his imposing shadow over my calendar. "Let me look with you," Mr. Overwhelm said in his taunting voice. "Bible Study – just got started – every Thursday – lot of extra study time, isn't that right?" He didn't wait for a reply but pointed out the busy photography schedule that rides in with the school buses.
"My, my – busy, busy – looks like you may have some late hours in the studio. Sure you can keep up with your work and the nursing home visits?" he asked while checking my shrinking composure.
It was ridiculous how he kept up with my time. I pulled a book over my calendar to stop his spying eyes, but knew he was probably aware of Sunday School responsibilities and study. He'd also know of the time needed to visit our Birmingham and Brandon families. Add the visits to check on Mammaw too. Mr. Overwhelm leaned closer – his presence almost suffocating me.
"Think the 'Playhouse' will find a spot somewhere?" he added with an irritating laugh.
I quickly pulled my Bible Study notes from under my calendar. "Look at this," I said pointing to Scripture references.
"My God has all power and might and gives strength to all. He comprehends my path and my lying down. He is acquainted with all my ways. Through the Lord's mercies we are not consumed, because His compassions fail not – they are new every morning. He alone does great wonders."
"Sure, Mr. Overwhelm, there will be days and nights that you will want to take up lodging in our home, but the welcome mat is NOT out! You'll also want to be around when I feel like crawling under the bed to escape tribulation and trials that we all must face. But I won't run to you – no pity parties here! Instead I'll run to God – the eternal God is my refuge! And by the way, the victory has already been won over all of life's trials thanks to Jesus."
I turned to stand, feeling the strength of God's presence as a result of changing my focus.
"Now what can you say to that, Mr. Overwhelm?" I asked, but there was no reply.
The front door slammed with a jar. The villain was gone. Notch another victory for my God, the One who draws near.
About Chris Elkins
- Watkins is DAISY nursing award winner November 29, 2016
- Myrtle Christmas parade will be Friday night November 29, 2016
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- Chamberlin loses county but wins election December 1, 2016
- Finally, no flooding December 1, 2016
- Myrtle Tree of Hope to add local children December 1, 2016
- Library program offers book gift idea for the holidays December 1, 2016
- NA Christmas parade may still be in the works December 1, 2016
- Myke Britt: Someone asked "what has happened to our country"...
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text: All About the Couch Posted on March 21, 2015 by AmyMarch 21, 2015 @weelaura (aka Laura Methvin) and @jmshoffstall preps their video for CXCW. Nice #CXCWhaiku from TL Harris of Dos Ringos! A production still from @magnolia_co's video shoot. That's a good looking beer! CXCW 2015 rules for the @lostwoodsband. No Ducks? QUACK! Thanks @annietuff #CXCWhaiku @MissShevaughn and @YumaWray don't fuck around when it comes to real tortillas #CXCWtaco Our friend @popa2unes looks more and more like a deranged Santa Claus every year #CXCWbeard Related PostsGangnam CouchUptown CouchCrazy Stupid CouchWe Are Never Ever Getting Couch TogetherCouch 'Round Here


text:
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March 27, 2008
NATHAN BROWN, PLAINTIFF-RESPONDENT,v.MAGDI MOSAID, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Bergen County, DC-7359-07.
Submitted March 10, 2008
Before Judges S.L. Reisner and Baxter.
Defendant Magdi Mosaid appeals from a judgment in the amount of $4125 entered by the Special Civil Part on June 18, 2007, in favor of plaintiff Nathan Brown. We affirm.
Mosaid was a landlord. Nathan and his wife Meghan*fn1 were potential tenants looking for an apartment. On January 15, 2007, Mosaid arranged for the Browns to view an apartment for which he was asking $1650 per month in rent, plus a $2450 security deposit. According to Nathan Brown, the parties then negotiated a lease. Mosaid told the Browns that the existing tenants would move out by January 26 or 28 so that the Browns could start moving in early, although the lease commenced February 1. It was important to the Browns to be able to move in by February 1 because they had given notice to their current landlord.
As part of their agreement, the parties "went to the bank to set up the escrow account" in which Mosaid would place the security deposit. According to Nathan, the account was set up "as an escrow account with my name and his name as a security deposit at the bank." The parties agreed that Nathan would pay a portion of the security deposit in advance. He wrote out a check dated January 16, 2007 for $1650, which the parties deposited in the escrow account. After that date, the parties met again and Nathan gave defendant a post-dated check made payable to Mosaid for the first month's rent, plus a check dated January 26, 2007 for $825, representing the rest of the security deposit. The $825 check was made out to Nathan Brown "as it was to go in an escrow account for the security."
Nathan testified that when he called Mosaid on January 28, to arrange to get the keys to the apartment, defendant told him the tenants were "still here." He indicated that he had a dispute with the tenants and Nathan should not upset them by trying to get into the apartment early. On January 31, 2007, Nathan checked to see whether his escrow checks had cleared his personal bank account and whether the money was now in the escrow account. To his distress, Nathan discovered that Mosaid had signed Nathan's name on the $825 check and deposited it into Mosaid's personal bank account instead of into the escrow account. The Browns reported this to the police.
However, they also continued their efforts to move into the apartment. Nathan called Mosaid and arranged to meet him on the morning of February 1 at 8:30 to get the keys to the apartment. According to Nathan, when he called Mosaid again early on the morning of February 1 to confirm their meeting, Mosaid told him that he did not have the keys because "the people there aren't gone yet." Nathan also questioned Mosaid as to why "you put the check that was supposed to go into our security deposit into a personal account and . . . why did you write my name on the back to endorse it." At that point Mosaid became furious and "hung up on me." Eventually, after more phone calls, Mosaid agreed to meet the Browns at the apartment to give them the key. Nathan responded that he would "take the key from you" and "do a walk-through," but first "we're going to meet at the bank and we're going to get that $825 into the correct account. Then once that's settled, once the money end of it is settled, then I will accept the key from you." Mosaid agreed to meet Nathan at the bank at 3:30 that day, but failed to show up. Nathan called Mosaid from the bank, reminded him that his action in depositing the security in his own account was "not within the lease" and insisted that the money issue be straightened out. Mosaid told him to "call a lawyer" and hung up on him.
Meghan Brown confirmed that she and her husband had told Mosaid from the beginning that they needed to be in the apartment by February 1, and that they were not given access to the apartment on or after that date. She also testified that after her husband called Mosaid on February 1, she also called Mosaid, but he would not listen to what she had to say. She confirmed that the parties eventually agreed to meet at the bank at 3:30 "to make sure that [Mosaid] would transfer the money that was supposed to go into our security deposit account," and that Mosaid did not show up for the meeting. On cross-examination, Meghan also testified that her "concern was that the financial matters would be in order . . . before we took the key."
In his testimony, Mosaid agreed that on January 16, the parties opened a "landlord/tenant security account" in Nathan's name. On the same day they opened the account, Mosaid also gave Nathan the proposed lease to review. He agreed that Nathan gave him the three checks for the first months' rent and the security deposit. According to Mosaid, he arranged to meet Nathan at the apartment on February 1 at 9:00 a.m. to give him the key. When Nathan did not show up, Mosaid called him twice. Finally, Nathan said he "want[ed] to meet me by the bank at 3:30 because he want[ed] all his money, cash, now. He is not interested to move in the apartment anymore. . . . He gave me excuses. . . . He and his wife did not agree about a couple of things. I said again, you have a lease, you have to shape up to [abide by] your lease." When he did not hear from Nathan, Mosaid sent him a letter advising that he would apply the security deposit and rent check to the rent until the apartment was re-rented. Mosaid asserted a counterclaim for $850 for lost rent.
On cross-examination, Mosaid admitted that he deposited the $825 security deposit check into his personal bank account. He also agreed that the check bore a notation "rest of security." In response to the court's question, Mosaid asserted that he deposited the check into his personal account because if the check bounced it would have been returned to Nathan's old address and Mosaid "would never know that it [had] been returned back." He contended that he returned the money to the escrow account within a week after February 1. He admitted endorsing the $825 for deposit, but claimed he only signed his own name on the back. According to Mosaid, Nathan was angry that the existing tenant would not let him move into the apartment on January 28.
Mosaid admitted that he had a landlord-tenant action against the existing tenant, Carlos Ochoa. As part of that action, he signed a consent order with Ochoa that Ochoa would vacate the apartment by February 1. He then clarified that they "never had this agreement. [Ochoa] did not show up for . . . the trial . . . and he said he's going to be out." Thus, Mosaid admitted that he "got a default and a warrant [of removal]."*fn2 He claimed Ochoa moved out by February 1.
Immediately after the hearing, the trial judge placed an oral opinion on the record. He concluded that Mosaid had not committed fraud with respect to the $825 deposit check. "I'm satisfied that the defendant did sign his name on the back, deposit it into his own personal account, for a valid reason, that if it bounced it would be back to the old tenant and he did transfer it." However, the judge also concluded that neither party acted with malice. However, viewing the lease as a contract, he concluded that there was no meeting of the minds concerning the importance of placing the money in the escrow account. He concluded that "knowing full well that [the $825 check] was, all of a sudden, put into the personal account of the landlord" the plaintiff wanted to "get the finances straightened out" before he accepted the key and moved in. On the other hand "[t]he defendant's thoughts were, get the key, then we'll take care of the finances." The court then reasoned:
In view of the fact that security and/or rent is a condition [precedent] to shaking hands and making a contract, if the financial arrangements are not met and if the parties do not have a meeting of the mind[s] with the financial arrangements, then the events which the contract and/or lease state is to take place after that is certainly not [the subject of] a meeting of the minds.
The court concluded that "since there was no meeting of the minds, and in view of the fact that there was a discrepancy as to that check, whether or not it was to be deposited into the personal account as a guarantee that if it bounced, the defendant/landlord would be able to know about it. . . . This Court rules that . . . the contract, which is the lease, was not a meeting of the minds, and therefore, is null and void."
The court therefore ruled that plaintiff was entitled to the return of the rent and security deposit plus costs and that the $825 counterclaim would be dismissed.
On this appeal, defendant raises the following points for our consideration:
A. There Was A Meeting Of The Minds Between The Parties In Formation Of The Agreement.
B. The Lease Agreement Was Clear And Parol Evidence That Was Considered Supports The Finding Of A Binding Contract Between The Parties.
Our review of the trial judge's factfinding is limited. "Findings by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence." Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974). However, we engage in de novo review of the trial judge's legal conclusions. Manalapan Realty, L.P. v. Twp. Comm., 140 N.J. 366, 378 (1995).
Having reviewed the entire record, we affirm the judgment of the trial court. By its terms, the lease required the landlord to comply with the Rent Security Deposit Act, N.J.S.A. 46:8-19, including placing the security in a designated account and giving the tenant notice of the location of the account.*fn3
Moreover, the record is undisputed that the parties orally agreed to use a specific escrow account for the security deposit. This may be viewed as parol evidence as to the parties' construction of the lease, see Conway v. 287 Corporate Ctr. Assocs., 187 N.J. 259, 268 (2006), or as a separate agreement ancillary to the lease.
Either way, there is no dispute that the escrow account was in both parties' names, and the parties agreed that the entire security deposit would be placed in the escrow account. That is why Nathan wrote the $825 security check to himself - to ensure that it would be deposited in the escrow account. By contrast, he wrote out the rent check to Mosaid. When Mosaid, without advance notice to or consent from Nathan, deposited the $825 security deposit in his personal account, he breached the parties' oral agreement. He also breached the lease and the Tenant Security Deposit Act, which required the security deposit to be placed in a separate account. See N.J.S.A. 46:8-19.
We defer to the trial judge's factual finding that strict compliance with the escrow agreement was critically important to the Browns, although Mosaid felt free to treat it more loosely in order to protect his own financial interests. While one could characterize this as an absence of the meeting of the minds on a key aspect of the agreement, see Gross v. Yeskel, 100 N.J. Eq. 293, 294 (E. & A. 1926), it could also be analyzed in terms of breach of contract. Having discovered that their prospective landlord had begun the landlord-tenant relationship by breaching a critical term of their agreement, the Browns were legally justified in repudiating the lease. On either basis, the trial court's judgment for plaintiff and dismissal of the counterclaim must be affirmed.
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Russian Ministry Of Emergency Situations
Nobody Seems To Really Know What Brought Down Russia's Plane
U.S. and British leaders say a bomb likely brought down the Metrojet flight, but Russian and Egyptian officials say there's no evidence of that yet.By Jake Godin, Matt Picht | November 5, 2015
There's been some back-and-forth on figuring out what brought down a Russian Metrojet flight over Egypt that killed 224 people.
President Obama told KIRO in a radio interview, "There is a possibility there was a bomb on board."
British Prime Minister David Cameron has said it's "more likely than not" that it was a bomb, though he doesn't know for certain.
Article Continues Below


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Based on information from the Austin Board of REALTORS® (alternatively, from ACTRIS) from December 4th, 2016 at 4:15pm CST. Neither the Board nor ACTRIS guarantees or is in any way responsible for its accuracy. The Austin Board of REALTORS®, ACTRIS and their affiliates provide the MLS and all content therein "AS IS" and without any warranty, express or implied. Data maintained by the Board or ACTRIS may not reflect all real estate activity in the market.
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Oh, by the way, how was your Christmas? I hope you got everything your heart desired! How was my Christmas, you ask? A lot like this video!
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Oh, by the way, how was your Christmas? I hope you got everything your heart desired! How was my Christmas, you ask? A lot like this video!
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» posted by Bmad on Monday, December 28th, 2009
this guy sounds like cartman!
» posted by lucas | December 29th, 2009 at 3:12 PM
Of course it was a sketch! Couldn't you tell from the bad acting… Good grief people… And by the way College Humor sucks thank god their show got canceled… What was MTV thinking? or was it VH1..
» posted by Cory | December 29th, 2009 at 10:55 AM
This is a sketch? No, I did not know that. I was so angry and hurt for those poor kids that I wanted to punch-out that fat fuck!
» posted by Bob | December 29th, 2009 at 8:11 AM
You guys realise that "College Humor" is a comedy website, right?
» posted by Craig in Portland | December 28th, 2009 at 8:31 PM
why didn't someone take this old fucker aside in the kitchen and tell him he could either shut his mouth and make things nice for the kids or get the fuck out? or they could leave? How did they let this asswipe go on and on? in that sweater by the way, who could take that man seriously when he has a huge snowman on his gut?
» posted by john | December 28th, 2009 at 3:42 PM
If that piece of shit was my father, I would have threw his sorry fat ass out into the street. You notice he says he has no money to buy his grandchildren a Christmas present, but he has the money to buy cigarettes? White trailer trash always has their priorities…beer and cigarettes!
» posted by Bob | December 28th, 2009 at 12:06 PM
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United States Court of Appeals for the Federal Circuit
May 9, 2011
DENNIS E. WILSON, CLAIMANT-APPELLANT,v.ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT-APPELLE.
Appeal from the United States Court of Appeals for Veterans Claims in Case No. 09-681, Judge Alan G. Lance, Sr.
NOTE: This disposition is nonprecedential.
Before LOURIE, GAJARSA, and O'MALLEY, Circuit Judges.
Dennis E. Wilson appeals from the decision of the United States Court of Appeals for Veterans Claims ("the Veterans Court"), affirming the denial of his claim for entitlement to service connection for Meniere's disease. Wilson v. Shinseki, No. 09-0681, 2010 WL 2640590 (Vet. App. June 10, 2010). Because Wilson fails to raise an issue within this court's jurisdiction, we dismiss.
Wilson served on active duty from June 1967 to July 1980. In July 1981, Wilson filed an application seeking compensation for dizziness. In March 1983, the Department of Veterans Affairs ("VA") Regional Office ("RO") denied his claim. That decision was not appealed and became final.
In 2005, Wilson was diagnosed with Meniere's disease, the symptoms of which are hearing loss, tinnitus, and vertigo. Id. at *1 n.1. Wilson then filed to reopen his benefits claim with respect to Meniere's disease secondary to service-connected bilateral hearing loss and tinnitus. A VA medical examiner, Dr. James Yun, examined Wilson and concluded that, due to the twenty-five-year delay in diagnosis and the many diverse etiologies of Meniere's, he could not relate the disease to Wilson's military service without "resorting to mere speculation." J.A. 125. Accordingly, in a June 2006 rating decision, the RO denied compensation for Meniere's disease. Wilson appealed to the Board of Veterans' Appeals ("the Board"). With his appeal, Wilson submitted two letters from a private physician, Dr. Linda P. Johnson, stating that in her opinion "Mr. Wilson's Menieres Disease is a result of acoustic trauma during military service." J.A. 71. The Board remanded for additional factual development.
On remand, Wilson submitted a letter from a second private physician, Dr. Genola Childs. J.A. 35. In that letter, Dr. Childs opined that Wilson's diagnosis of Meniere's disease more likely than not resulted from exposure to acoustic trauma during his service. In support of her opinion, Dr. Childs cited a 1998 study by Ylikoski, which reported on eighteen patients exposed to explosive noise in the military who developed Meniere's disease nine to twenty-nine years later. In contrast, a second VA medical examiner, Dr. Kathryn French, concluded that there was no medical nexus between Wilson's service and his diagnosis. In her medical evaluation, Dr. French stated that she was unable to view the entire 1988 Ylikoski study cited by Dr. Childs, but found the abstract's conclusions to be insufficient to establish service connection in light of other evidence of record, including other studies that contradicted the abstract's conclusions. The Board weighed the competing medical evidence and concluded that Wilson had failed to establish entitlement to benefits for Meniere's disease. Wilson appealed to the Veterans Court.
The Veterans Court affirmed the Board's decision to deny service connection for Meniere's disease. Wilson, 2010 WL 2640590, at *1. Specifically, the court rejected Wilson's claim that the Board had erred in assigning Dr. French's medical opinion probative weight despite the fact that Dr. French had failed to take into account the entire 1988 Ylikoski study. Id. at *3. The court determined that Dr. French had addressed the study, had explicitly noted her disagreement with its conclusions, had provided a rationale, and had cited a supportive study to explain her opinion. Id. Wilson timely appealed to this court.
This court's jurisdiction to review decisions of the Veterans Court is limited by statute. 38 U.S.C. § 7292. We "have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof [by the Veterans Court] . . . , and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision." Id. § 7292(c). We may not, however, absent a constitutional challenge, "review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case." Id. § 7292(d)(2).
Wilson's appeal does not present an issue within this court's jurisdiction. Wilson argues that the Veterans Court erred in not holding that the Board committed prejudicial error in assigning probative weight to Dr. French's medical opinion when the opinion was based on an incomplete review of the favorable medical evidence. But "[t]he evaluation and weighing of evidence and the drawing of appropriate inferences from it are factual determinations committed to the discretion of the fact-finder. We lack jurisdiction to review these determinations." Bastien v. Shinseki, 599 F.3d 1301, 1306 (Fed. Cir. 2010).
Wilson attempts to frame his argument not as a factual challenge to the weight the Board assigned to Dr. French's medical opinion, but rather as a legal dispute. He does so by citing 38 U.S.C. § 5103A(d) and C.F.R. § 3.159(c)(4) and by arguing that the only relevant fact, that Dr. French did not read the entire 1988 Ylikoski study, is undisputed. We are not convinced. However one twists the argument, the substance of Wilson's challenge is a factual one: the probative weight the Board gave to Dr. French's medical opinion.
First, both § 5103A(d) and § 3.159(c)(4) recite the VA's duty to assist claimants to obtain a medical examination when necessary to make a decision on a claim. Not only are § 5103A(d) and § 3.159(c)(4) silent with respect to how the content of the necessary medical examination must be evaluated by the Board, but Wilson does not argue that the Board in any way misinterpreted the VA's duty to assist. In fact, Wilson conceded before the Veterans Court that Dr. French's opinion was "adequate for 5103A purposes." J.A. 286. Second, it is irrelevant that Dr. French admits reading only the abstract of the 1988 Ylikoski study. The existence of undisputed facts does not transform the weight the Board gives those facts into a legal issue.
Finally, Fagan v. Shinseki, cited by Wilson, is not to the contrary. 573 F.3d 1282 (Fed. Cir. 2009). In Fagan, we concluded that the claimant had challenged the Veterans Court's interpretation of the benefit-of-the-doubt rule, 38 U.S.C. § 5107(b). Id. at 1285-86. Wilson, in contrast, does not claim that the Veterans Court misinterpreted 38 U.S.C. § 5103A(d), C.F.R. § 3.159(c)(4), or any other statute or regulation. Rather, he claims only that the Veterans Court erred in its factual determination of the probative weight to give a medical opinion.*fn1
We have considered Wilson's other arguments and find them unpersuasive. Because Wilson's appeal fails to raise an issue within this court's jurisdiction, we dismiss.
No costs.
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text:
The Guinness Encyclopedia of Popular Music (6 vol).
Larkin, Colin (ed).
• Terms • Ask a Question
London: Guiness Publishing, 1995. 6 vol; 4991 pp total. 4tos. Cloth. Ex-library with usual markings. Lightly edgeworn, lt bumping to sp. ends and corners. Ink initials to bottom edge of all textblocks. Ribbon markers bound in. Lightly rubbed. Very Good Cloth 0851126626 (Item ID: 145140)
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- By This Author: Larkin, Colin (ed).


text:
Cinnamon Whipped Cream
Total Time
Prep 10 mins
Cook 0 mins
The inspiration for the whipped cream came from Bon Appetit December 2002 issue. I've changed the measurements to my own taste. This whipped cream is delicious on anything with apples such as pie, cobbler and apple bread (see recipe 76946 for a great combo). Also would be nice on top of hot chocolate or coffee!
Ingredients Nutrition
- 2 cups heavy cream
- 1⁄4 cup sugar
- 1 1⁄2 teaspoons ground cinnamon
- 1⁄2 teaspoon vanilla extract
- Pour heavy cream into chilled glass bowl (I use a small but deep glass bowl).
- Beat on high speed.
- Slowly add sugar, cinnamon and vanilla.
- Continue beating until stiff peaks form.
- Tip: When making whipped cream I dampen a paper towel with vinegar and wipe the inside of a glass bowl with it.
- Continue to wipe until dry and place inside freezer with beaters or whisk.
- Leave in freezer for 10 minutes to chill then use to make whipped cream.
Most Helpful
Really yummy and easy - the cinnamon taste is very subtle. I followed the tip regarding the damp paper towel with vinegar, and putting the bowl and beaters in the freezer - they whipped up no problem! No more Cool Whip for me!
Worked perfectly with the Apple Bread mentioned above (#76946). Great combo, thanks for the suggestion and recipe!
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United States District Court, E.D. Pennsylvania
January 10, 2014
RAYMOND FARZANv.THE VANGUARD GROUP, INC
Page 638
RAYMOND FARZAN, Plaintiff, Pro se, HOLMDEL, NJ.
For THE VANGUARD GROUP, INC., Defendant: JULIE S. CONGDON, VANGUARD, MALVERN, PA; PAUL G. NOFER, KLEHR HARRISON HARVEY BRANZBURG LLP, PHILADELPHIA, PA.
Page 639
Juan R. Sánchez, J.
Plaintiff Raymond Farzan brings this employment discrimination action against his former employer, Defendant The Vanguard Group, Inc. (Vanguard), alleging violations of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq., the Pennsylvania Human Relations Act (PHRA), 43 Pa. Stat. Ann. § § 951-963, and the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § § 621-634. Farzan alleges he was subjected to a hostile work environment and unlawfully terminated because of his sex, race, religion, national origin, and age, and in retaliation for threatening to file a complaint if anything happened to his position.[1] On November 4, 2013, Vanguard moved for summary judgment on all counts of Farzan's Complaint. Because there are no genuine disputes as to any material facts and because Vanguard is entitled to judgment as a matter of law, Vanguard's motion for summary judgment will be granted.
In the fall of 2011, Joseph Corcoran, a Vanguard employee, received approval from the company's Project Management Office to engage an outside contractor to fill the position of a " senior" business systems analyst (BSA) to be staffed on certain temporary projects run by Corcoran. Vanguard then contacted LiquidHub, Inc., an information technology consulting company, to fill the position.[2] LiquidHub referred Farzan to Vanguard as a potential
Page 640
candidate, and after a series of interviews at Vanguard, including an in person interview with Corcoran, Corcoran selected him for the assignment. Farzan was then hired by LiquidHub as a temporary employee staffed on the Vanguard project.[3]
Farzan began working as a senior BSA at Vanguard on January 3, 2012, with Corcoran as his immediate supervisor. According to Farzan, the primary role of a BSA is to collect the requirements of certain business users using the template and methodologies offered at the company and to translate those requirements into another document using a template provided by the company. A senior BSA should be able to perform all the responsibilities of the position with minimal supervision. See Def.'s Mot. for Summ. J. Ex. N (November 21, 2011, email from LiquidHub to Farzan explaining responsibilities were to be completed under " minimal direction" and " minimal supervision" ). These responsibilities included, among other things, " lead[ing] requirements gathering sessions . . . for multiple projects independently." Id. Farzan was assigned to two projects, the SSTLM project and the AWD project, and was the only Iranian in each group.
During the approximately four months Farzan was employed as a BSA at Vanguard, he received direction and feedback from various individuals, including, among others, Corcoran, Kathy Richter, a business manager associated with the SSTLM project, and Monique Peay, a fellow BSA who also served as Farzan's mentor. Richter, Peay, and others at Vanguard also provided feedback to Corcoran regarding Farzan's performance. By late March 2012, Corcoran became concerned with Farzan's performance and had notified LiquidHub of his concerns. In response, Jeffery Fountaine, a LiquidHub client manager, paired Farzan with another LiquidHub employee with BSA experience at Vanguard to serve as an additional mentor, but Vanguard remained dissatisfied with Farzan's work.
One of Corcoran's central concerns regarding Farzan's performance was his failure to effectively lead the project meetings, which is an expectation and job requirement of a senior level BSA. Others echoed and reinforced this concern, including Richter, who often took the lead during project meetings even though the responsibility for doing so lay with Farzan. See Def.'s Mot. for Summ. J. Ex. R (April 3, 2012, email from Peay to Corcoran summarizing her concerns regarding Farzan's performance); see also Corcoran Dep. 28 (explaining Richter's frustration tat Farzan was not leading the meetings). While Farzan contends that Richter insisted on doing his job, Corcoran advised him in mid-March that he should be " very aggressive" in dealing with Richter's team and encouraged Farzan to take the lead. Farzan Aff. ¶ ¶ 58, 67. Peay also agreed that Farzan was not running the meetings as he should, and she informed both Farzan and Corcoran of this concern. Id. ¶ 64.
Those familiar with Farzan's work raised other issues aside from his failure to lead the project meetings. Peay informed Corcoran that, in general, she did not feel Farzan was operating at a senior BSA level. In addition to a lack of leadership, Peay found Farzan's work product was often inaccurate and incomplete, and he did not appear to have adequately planned and prepared for meetings. Richter also provided negative feedback about Farzan to Corcoran, finding Farzan's work execution
Page 641
substandard, highlighting his failure to effectively document and follow up on action items at meetings. George Gray, a manager of the AWD project, told Corcoran that Farzan had missed meetings and was not keeping the schedule for the overall project. Andy Harper, another Vanguard employee, reported that since Farzan's involvement on the projects, there was " no output that could be verified. . . . no deliverables being produced." Harper Dep. 15.
In an effort to address these concerns with Farzan directly, Corcoran scheduled several meetings with him via email invitation, which Farzan declined without explanation. Farzan maintains the declined invitations were the result of a technical error in his email client, which was later addressed. Shortly after declining the meetings, Farzan received what he describes as an " angry and insulting" voicemail from Corcoran. Farzan Aff. ¶ 60. In it, Corcoran expressed his frustration for Farzan's nonresponsiveness and decision to decline without explanation a meeting suggested by Corcoran to address Farzan's performance issues. In addition to contacting Farzan directly, Corcoran contacted Peay to encourage her to continue working with Farzan as a mentor to help improve his performance. See Pl.'s Resp. Ex. 22; Corcoran Dep. 24. To that end, Peay provided constructive feedback to Farzan with tips on improving his leadership and attention to detail. See Pl.'s Resp. Ex. 23. When advising Farzan to improve his turnaround time regarding certain documents, Peay referred to Richter's team as " a demanding bunch." Pl.'s Resp. Ex. 13.[4]
Corcoran made the decision to terminate Farzan's assignment and on April 18, 2012, informed LiquidHub of Farzan's removal from the project. He based his decision on his own observations and feedback he received from other Vanguard employees regarding Farzan's performance. Farzan's position was temporarily filled internally by a Vanguard employee named Mallary Cosfol, and later in November 2012, Vanguard retained Gurpreet Jaswal, an outside contractor, as a permanent replacement on the project. Def.'s Mot. for Summ. J. Ex. K (Answer to Interrogatory 21). On April 23, 2012, Fountaine emailed Farzan and, referring to Corcoran's decision to remove Farzan from the project at Vanguard and fill the position internally, wrote " Based on that I wonder if he was just coming up with junk excuses to end the contract." Def.'s Mot. for Summ. J. Ex. W. Fountaine had no personal experience as a BSA, he was never employed by Vanguard, never attended any meetings where Farzan was present, and did not independently review Farzan's work. Fountaine's beliefs regarding the quality of Farzan's performance at Vanguard were influenced primarily by statements made to him by Farzan.
To support his discrimination claims, Farzan points to certain comments made at various times during his employment as a BSA. When Farzan first started, Corcoran asked Farzan about the origin of his name. Corcoran never again spoke to Farzan about his national origin and Farzan acknowledged he did not find the question insulting. The only allegation implicating Farzan's age discrimination claim involves a statement made by Corcoran to Harper in Farzan's presence. On a conference
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call, Corcoran, who was born in 1956, told Harper that he was " older than [Harper] and sometimes [his] brain cells don't function as they should." Farzan Dep. 249. As noted above, Corcoran also encouraged Farzan on multiple occasions to exhibit additional leadership and take on a more pro-active role during project meetings, which Farzan characterizes as harassment.
Around the time Farzan first began at Vanguard, other employees asked about his accent and the origin of his name. Richter once asked Farzan during a meeting about the origin of his given first name Reza and asked why Farzan used the name Ray instead. Richter also commented that she knew someone else with that name. Farzan testified that he felt it was inappropriate in a business meeting to discuss anything personal, but did not find the question insulting. At another meeting involving preventing the use of accounts by terrorists, Richter allegedly looked at Farzan and said " there's no terrorists among us." Farzan Dep. 229.[5] Another Vanguard employee commented before a meeting, when Farzan was testing the connection between projector and laptop, " now you're coming here and learn how to use our equipment and . . . send it back." Farzan Dep. 228. On two other occasions, a coworker named Michelle Cooper allegedly imitated Farzan when he introduced himself to the group before a meeting, provoking laughter.[6] In certain meetings, when Farzan was the only male in the room, he heard laughter from various employees while he was speaking, but did not hear what precipitated the laughter.
In mid-March 2012, Farzan told Corcoran that " if something happened to my job I would file a complaint." Farzan Aff. ¶ 58; see also Farzan Dep. 223. He never told Corcoran, however, that he was experiencing discrimination and intended to file a complaint externally against Vanguard due to that discrimination. Farzan Dep. 224. Farzan made a similar conditional statement to another Vanguard employee, Molly Monaghan. See id. at 221. Farzan did tell Fountaine at LiquidHub that he intended to file a discrimination complaint against Vanguard, but Fountaine never told anyone at Vanguard that Farzan told him this. See Farzan Aff. ¶ 63; Fountaine Aff. ¶ 3. Farzan filed a charge with the EEOC on June 24, 2012, received his notice of right to bring suit on March 4, 2013, and filed the instant Complaint on May 24, 2013.
A motion for summary judgment shall be granted " if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). " Material" facts are those " that might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is " genuine" if " the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. " Speculation, conclusory allegations, and mere denials are insufficient to raise genuine issues of
Page 643
material fact." Boykins v. Lucent Techs., Inc., 78 F.Supp.2d 402, 408 (E.D. Pa. 2000) (citing Sterling Nat'l Mortg. Co. v. Mortg. Corner, Inc., 97 F.3d 39, 45 (3d Cir. 1996), Groman v. Twp. of Manalapan, 47 F.3d 628, 633 (3d Cir. 1995), and Trap Rock Indus., Inc. v. Local 825, Int'l Union of Operating Eng'rs, AFL-CIO, 982 F.2d 884, 890 (3d Cir. 1992)). " Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is 'no genuine issue for trial.'" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In determining whether to grant summary judgment, the court " must view the facts in the light most favorable to the non-moving party, and must make all reasonable inferences in that party's favor." Hugh v. Butler Cnty. Family YMCA, 418 F.3d 265, 267 (3d Cir. 2005).
Where, as here, there is no direct evidence of discrimination, when evaluating summary judgment motions in the employment discrimination context, the " familiar McDonnell Douglas burden shifting analysis applies to [plaintiff's] claims of discrimination under both Title VII and the ADEA." Sarullo v. U.S. Postal Serv., 352 F.3d 789, 797 (3d Cir. 2003) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)). Under this framework, Farzan bears the initial burden of establishing a prima facie case of discrimination. Id. (citing St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 506, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)). If he establishes a prima facie case of discrimination, the burden shifts to Vanguard, which must offer sufficient evidence to show a legitimate, nondiscriminatory reason for the adverse action. Id. (citing McDonnell Douglas, 411 U.S. at 802). If Vanguard meets this burden, the presumption of discriminatory action created by the prima facie case is rebutted, and Farzan must show the articulated reasons were a pretext for discrimination and not the real motivation for the adverse action. Id.
Assuming arguendo that Farzan can make out a prima facie case of discrimination,[7] Vanguard has carried its burden to articulate legitimate reasons for his dismissal. Vanguard terminated Farzan because he did not meet the standards expected of a senior level BSA: his work product was inadequate, he displayed a lack of leadership, and the projects to which he was staffed began to suffer when he was retained. Because Vanguard met its burden to rebut Farzan's prima case, this motion turns on the third stage of the McDonnell Douglas tripartite framework and this Court must determine whether Farzan can satisfy either of the two prongs articulated by the Third Circuit in Jones v. School District of Philadelphia, 198 F.3d 403, 413 (3d Cir. 1999). Under Jones, to defeat summary judgment by establishing sufficient evidence of pretext, Farzan must produce " some evidence, direct or circumstantial, from which a factfinder would reasonably either: (1) disbelieve the employer's articulated legitimate reasons; or (2)
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believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action." Id. at 413 (quoting Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir. 1994)).
Satisfying the first prong requires Farzan to establish that Vanguard's reasons for termination are " not merely wrong, but . . . 'so plainly wrong that [they] cannot have been the employer's real reason[s].'" Id. This can be done by demonstrating such " weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its actions that a reasonable factfinder could rationally find them unworthy of credence." Id. (quoting Keller v. Orix Credit Alliance, Inc., 130 F.3d 1101, 1109 (3d Cir. 1997)).
To discredit Vanguard's proffered reasons for termination, Farzan points out he never had a formal performance evaluation (Farzan Aff. ¶ 71); the lack of such an evaluation, however, does not make the reasons unworthy of belief. Corcoran testified Farzan was not employed long enough to receive a formal performance evaluation, and, in any event, he met multiple times with Farzan to review his performance on an informal basis. See Corcoran Dep. 40. Further, significant documentary evidence in the record outlines Farzan's perceived shortcomings and the steps taken by both Vanguard and LiquidHub to communicate those concerns to Farzan. See e.g., Farzan Aff. ¶ 62 (acknowledging that Fountaine informed him of Corcoran's concerns regarding his performance); Def.'s Mot. for Summ. J. Ex. S (April 9, 2012, email from Fountaine to Corcoran stating " bringing Ray to your standard is my first priority . . . he is very aware of the seriousness and immediacy needed" ); Pl.'s Resp. Ex. 23 (March 30, 2012, email from Peay to Farzan giving suggestions to improve performance).
Farzan also points to an email where Corcoran gave him positive feedback on certain diagrams he produced. According to Farzan, this feedback shows Corcoran was happy with Farzan's work, and Farzan was therefore terminated for discriminatory reasons. As Corcoran testified during his deposition, however, this was but one isolated bit of positive feedback, and the context (even in the same email) shows Corcoran had continuing issues with Farzan's performance. See Pl.'s Resp. Ex. 5; Corcoran Dep. 16; see also Ezold v. Wolf, Block, Schorr and Solis-Cohen, 983 F.2d 509, 528 (3d Cir. 1992) (" Pretext is not established [because] an employee has received some favorable comments in some categories or has, in the past, received some good evaluations." ). In addition, similar and consistent criticisms regarding a lack of leadership and substandard work product were leveled against Farzan by various persons throughout his short term of employment as a senior BSA. Those criticisms reflect a pattern of Farzan's failure to comply with the expectations associated with his position. Isolated bits of positive feedback cannot overcome the many criticisms and concerns voiced by Corcoran, Peay, Richter, and others.
Read in context and as a whole, the documentary evidence and the deposition testimony of those familiar with Farzan's work does not reveal any " weaknesses, implausibilities, inconsistencies, incoherencies or contradictions" in Vanguard's proffered reasons for termination such that a " reasonable factfinder could rationally find them unworthy of credence." Jones, 198 F.3d at 413. Whether Farzan may have disagreed with Vanguard's assessment of his performance is irrelevant as a matter of law. See Silver v. Am. Inst. Of Cert. Public Accountants, 212 Fed. App'x. 82, 85 (3d Cir. 2006).
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It also does not matter if Vanguard was " wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer, not whether the employee is wise, shrewd, prudent or competent." See Jones, 198 F.3d at 413. In sum, Farzan has not produced sufficient evidence to refute Vanguard's explanation for his termination, and his claims cannot pass muster under the first prong set forth in Jones.
Not only is there insufficient evidence in the record to reasonably conclude Vanguard's articulated reasons for dismissal are unworthy of credence, there is also insufficient evidence for this Court to reasonably infer, under the second Jones prong, the adverse employment action was motivated by an invidious discriminatory reason. In order to demonstrate an invidious discriminatory reason motivated the action, " the plaintiff may show that the employer has previously discriminated against [the plaintiff], that the employer has previously discriminated against other persons within the plaintiff's protected class, or that the employer has treated more favorably similarly situated persons not within the protected class." Jones, 198 F.3d at 413.
As an initial matter, the record reflects no evidence of any previous discrimination by Vanguard against anyone else at the company, Farzan included, or that other similarly situated persons not in his protected class were treated more favorably. Farzan points to the fact that he was the only Iranian in the group, he was the only male at certain meetings, and Vanguard hired two younger white male BSAs in March 2012 (while Farzan was still employed). Without more, these facts hold no legal significance or probative value. " Statistical evidence of an employer's pattern and practice with respect to minority employment may be relevant to a showing of pretext." Ezold, 983 F.2d at 542. Nevertheless, statistics must be accompanied by " analysis of either the qualified applicant pool or the flow of qualified candidates over a relevant time period." Id. Without accompanying evidence of this sort, no conclusion can be drawn from the facts presented by Farzan because " raw numbers on underrepresentation . . . are not probative of [an] alleged discriminatory motive." Id. (citing Villanueva v. Wellesley Coll., 930 F.2d 124, 131 (1st Cir. 1991) (noting statistics showing small percentage of minority faculty members are " inadequate absent some further indication of their relevance" ); Molthan v. Temple Univ. of Com. Sys. of Higher Educ., 778 F.2d 955, 963 (3d Cir. 1985) (" Because the considerations affecting promotion decisions may differ greatly from one department to another, statistical evidence of a general underrepresentation of women in the position of full professor adds little to a disparate treatment claim." )).
Farzan also suggests Vanguard's reasons for terminating him were a pretext for discrimination because Vanguard intended he fail by saddling him with certain burdens and placing insurmountable obstacles in his path. For instance, he claims the equipment he was given was old and faulty, his workload was overwhelming, and he did not receive adequate training. Even assuming each of his complaints is warranted, these conditions do not evidence the existence of invidious discrimination. The nature of Farzan's equipment is irrelevant to the discrimination inquiry without some showing that others, both similarly situated and outside his protected class, were given different or better equipment. Cf. Solomon v. Soc'y of Auto. Eng'rs, No. 00-2144, 2001 WL 866974, at *4 (W.D. Pa. July 6, 2001) (granting summary judgment on a sex discrimination claim in which plaintiff cited only his own
Page 646
deposition testimony that women were given operable computers while he was given an inoperable computer). As for his workload, Farzan cites to Peay's remark that Richter's group was a " demanding bunch." Even if Richter's demands were unreasonable, Peay's comment illustrates Richter imposed those demands on BSAs uniformly, without regard for any of Farzan's protected characteristics. To the extent Farzan claims Richter made it difficult to do his job by leading the meetings herself, Corcoran informed him he would need to be more aggressive with Richter's group and make a concerted effort to take the lead during meetings. Corcoran's advice in this regard also demonstrates that Richter's actions were not based on a protected characteristic or discriminatory animus directed toward Farzan. With respect to any lack of training, Vanguard expected training would not be necessary because explicit in his role as a senior BSA was the requirement that Farzan be able to perform the functions of a BSA with minimal supervision. Any failure to provide training does not suggest a discriminatory motive, but rather confidence that a qualified applicant could handle the advertised demands of the position.
Farzan also focuses on certain isolated comments made by various Vanguard employees to support his contention that discriminatory animus existed at the company and influenced his termination. First, many of these comments were not recalled by or corroborated by anyone other than Farzan. But these factual disputes do not entitle Farzan to a trial because the comments are ultimately immaterial. In order for the comments to serve as probative evidence of discrimination, this Court must consider how and if they are related to the adverse employment action. See Parker v. Verizon Penn, Inc., 309 Fed. App'x. 551, 558-59 (3d Cir. 2009) (" Stray remarks by non-decisonmakers or by decisionmakers unrelated to the decision process are rarely given great weight." ) (quoting Fuentes, 32 F.3d at 767). The following factors are taken into account when considering stray remarks: " (1) the relationship of the speaker to the employee and within the corporate hierarchy; (2) the temporal proximity of the statement to the adverse employment decision; and (3) the purpose and content of the statement." Id. at 559.
The adverse employment action at issue was Corcoran's decision to remove Farzan from the project, resulting in his termination; thus, any inappropriate remarks made by Corcoran would hold the most significance for Farzan's claims, and Farzan alleges Corcoran made two such comments. The first was a question about the origin of Farzan's name, asked when he first began working for Vanguard. It is undisputed Farzan was not offended by the question, and Corcoran never again broached the subject of his national origin. The Court cannot reasonably infer by this comment that Corcoran held any discriminatory animus when terminating Farzan. The second comment was an off-hand, self-deprecating remark made by Corcoran to a colleague about getting older. The comment was not directed toward Farzan and it also shows no discriminatory animus. That Farzan was temporarily replaced by a younger woman is not, in these circumstances, sufficient to infer that the decision to terminate him was based on Farzan's age. Without producing any facts showing age played any role in the decision to terminate him, his claims cannot survive summary judgment. See Walters v. Washington County, 415 Fed.Appx. 374, 378 (3d Cir. 2011).
The record also reflects Corcoran's efforts to help Farzan improve and succeed at Vanguard, further undermining any
Page 647
suggestion the adverse employment decision was motivated by discriminatory animus.[8] After performance issues arose, Corcoran contacted Peay and encouraged her to continue working with Farzan as a mentor to help improve the situation. See, e.g., Corcoran Dep. 24. Corcoran also sent two email invitations to meet with Farzan personally and discuss his performance, but both were declined without explanation. Although Farzan later explained this was a technical issue with the email client, Corcoran had a legitimate grievance when he left Farzan a voicemail expressing his frustration that Farzan was nonresponsive.[9]
The only other comment made by someone who gave feedback on Farzan's performance was by Richter, when she allegedly looked at Farzan and told everyone at a meeting involving the prevention of use of accounts by terrorists that there are no terrorists at Vanguard. While it is true Farzan may have a cognizable discrimination claim if " those exhibiting discriminatory animus influenced or participated in the decision to terminate," Abramson v. William Paterson Coll. of N.J., 260 F.3d 265, 286 (3d Cir. 2001), Farzan does not contend Richter held any discriminatory animus against him. There is also no discernable connection between this statement and Richter's evaluation of his performance as a Vanguard BSA, and nothing to suggest discriminatory animus fueled her negative feedback. Farzan interpreted Richter's comment to imply that others may have believed he was a terrorist, but acknowledged Richter did not hold the same belief. Even if Farzan's interpretation of the comment's significance was correct, unspecified opinions held by unspecified coworkers in no position to influence the adverse employment decision are irrelevant. None of the other alleged discriminatory comments involved Corcoran or anyone else who could influence Farzan's termination, and thus, those comments are also irrelevant, even if they did in fact occur. Because there is no evidence suggesting Vanguard terminated Farzan for a discriminatory reason or on the basis of a protected characteristic, Farzan's Title VII and ADEA claims fail.[10]
Farzan also asserts a hostile work environment claim based on alleged
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harassment associated with the same comments and incidents described above. A plaintiff can demonstrate a violation of Title VII by proving harassment created a hostile or abusive work environment. See Meritor Sav. Bank v. Vinson, 477 U.S. 57, 66, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). To succeed on such a claim Farzan must prove: " (1) he suffered intentional discrimination on the basis of [a protected characteristic]; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected him; (4) the discrimination would have detrimentally affected a reasonable person in like circumstances; and (5) a basis for employer liability, such as respondeat superior, exists." McCloud v. United Parcel Serv., Inc., 543 F.Supp.2d 391, 398-99 (E.D. Pa. 2008).
Whether harassment has created a hostile work environment is determined on a case-by-case basis after considering the totality of the circumstances. Jensen, 435 F.3d at 452. " Offhanded comments[] and isolated incidents (unless extremely serious) are not sufficient to sustain a hostile work environment claim." Caver v. City of Trenton, 420 F.3d 243, 262 (3d Cir. 2005) (internal quotation marks omitted). Even if harassment is severe or pervasive, " if the reason for that harassment is one that is not proscribed by Title VII, it follows that Title VII provides no relief." Jensen, 435 F.3d at 449. Applying these principles to the facts at hand, the incidents and comments alleged by Farzan fall far short of establishing an " objectively hostile or abusive work environment." Harris v. Forklift Sys., 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). Not only has Farzan failed to establish that any of the comments at issue were in fact discriminatory in nature, the alleged harassment is also insufficiently severe or pervasive to meet the standards governing this claim. Farzan's hostile work environment claim will therefore be dismissed.
Turning last to Farzan's retaliation claim, making out a prima facie case requires evidence that a plaintiff " engaged in activity protected by Title VII; (2) the employer took an adverse employment action against [him]; and (3) there was a causal connection between [his] participation in the protected activity and the adverse employment action." Moore v. City of Philadelphia, 461 F.3d 331, 340-41 (3d Cir. 2006). Although Farzan told Corcoran he would file a complaint if anything happened to his job, there is nothing in the record to suggest Farzan told Corcoran he planned on filing a complaint regarding any perceived discrimination he was experiencing at Vanguard.[11] His claim therefore fails for two reasons. First, a conditional threat to file a complaint to preserve job security does not constitute protected activity, since protected activity only includes participation in Title VII proceedings or acts in opposition to discrimination. See id. at 341 (explaining " the anti-retaliation provision of Title VII protects those who participate in certain Title VII proceedings . . . and those who oppose discrimination
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made unlawful by Title VII" ); see also Curay-Cramer v. Ursuline Acad. of Wilmington, Del., Inc., 450 F.3d 130, 135 (3d Cir. 2006) (noting opposition to an illegal employment practice must " identify the employer and the practice -- if not specifically, at least by context" ).[12] Second, even if Farzan's statement to Corcoran was considered protected activity, as discussed above, there is no evidence undermining the credibility of Vanguard's proffered reason for termination, nor is there evidence suggesting Farzan's termination was retaliatory. Because Farzan cannot show that " the employer's proffered explanation was false, and that retaliation was the real reason for the adverse employment action," his retaliation claim will be dismissed. Moore, 461 F.3d at 342.
No material facts are in genuine dispute as to any of Farzan's claims and Vanguard is entitled to judgment on those claims as a matter of law; Vanguard's motion for summary judgment will therefore be granted and judgment on all claims in Farzan's Complaint will be entered in favor of Vanguard.
An appropriate order follows.
AND NOW, this 10th day of January, 2014, for the reasons set forth in the accompanying Memorandum, it is ORDERED Defendant The Vanguard Group, Inc.'s (Vanguard) Motion for Summary Judgment (Documents 15 and 16) is GRANTED. Judgment is entered in favor of Vanguard on all counts and Plaintiff Raymond Farzan's claims against Vanguard are DISMISSED with prejudice. The Clerk of Court is directed to mark this case CLOSED.
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