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August 20, 2012
WILLIAM D. CHAPMAN, PLAINTIFFv.THE PLAN ADMINISTRATION COMMITTEE OF CITIGROUP, INC., CIGNA LIFE INSURANCE COMPANY OF NEW YORK, A/K/A CIGNA GROUP INSURANCE, A/K/A CIGNA WORLDWIDE INSURANCE CO., A/K/A INA LIFE INSURANCE COMPANY OF NEW YORK, AND CITIGROUP, INC., A/K/A CITIGROUP, DEFENDANTS
This is an action to recover long-term disability insurance benefits, brought pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132. Plaintiff, who is disabled under the subject long-term disability policy and is currently receiving benefits, maintains that Defendants are paying him less than the correct amount under the policy. Now before the Court are the parties' competing motions for summary judgment, which are each granted in part and denied in part.
Plaintiff previously sued Defendants to obtain a determination that he was disabled under the policy, and the reader is presumed to be familiar with the Court's prior Decision and Order granting summary judgment to him. See, Chapman v. The Plan Administration Committee of Citigroup, Inc., et al., 06-CV-6444, 2008 WL 141632 (W.D.N.Y. Jan. 14, 2008).
Although Plaintiff is receiving long-term disability payments, he now
maintains that Defendants improperly calculated the amount.*fn1
Specifically, Plaintiff contends that Defendants construed
Amendment 10 to the Long Term Disability Plan in a manner that is
arbitrary and capricious, by failing to include all elements of his
"Total Compensation" when calculating his monthly benefit. See,
Complaint [#1] at ¶ 19.*fn2 Amendment 10 states, in
pertinent part:
Covered Earnings is Total Compensation as defined by the Employer. Total Compensation is your gross pay before any deferrals into 401(k), deferred compensation plans or flexible spending accounts and includes salary paid from the prior calendar year, commissions paid from the prior calendar year, bonuses paid in the prior calendar year (excluding annual incentive bonus paid in February of the prior year), and annual incentive bonus paid in February of the current year for prior year performance.
Cigna Life Insurance Company of New York ("CLICNY") Policy No. NYK-2260, Amendment 10, CLICNY 00438. For purposes of this action, the parties agree that in calculating Total Compensation under this definition, the "prior calendar year" is 2002, and the "current year" is 2003.*fn3
The relevant calculations used by Defendants are set forth in the "Citigroup Inc. Plans Administration Committee Agenda dated November 29, 2006," Citigroup 00001.*fn4
Column B of that document lists nine separate dollar figures or "items of compensation," identified by letter (a, d-k), as follows: a) Sales Compensation (before deductions for deferred comp and 401(k)) $130,214.64;*fn5 d) ADCP [Deferrred Compensation] Payout (2001 deferral) $90,695.70; e) ADCP Interest $1,758.21; f) Longevity Bonus $4,296.46; g) Asset Gathering Cash $2,811.00; h) Asset Gathering Cash Interest $714.75; i) Term Life Insurance Imputed Income $774.00; j) Money Market Fund Trails Principal $2991.10; and k) Money Market Fund Trails Interest $427.23. Of these nine possible items of compensation,*fn6 Defendants used only the first, item a, and determined that Plaintiff's Total Compensation under the plan was $130,214.64. See, id., Citigroup 00004 (Indicating that items d-k in Column B were not considered part of Total Compensation).
Plaintiff maintains that Defendants' calculation of Total Compensation was erroneous, as well as arbitrary and capricious. During the administrative process, Plaintiff maintained that the correct figure for "Total Compensation" was $225,206.80, which he arrived at by adding items a, d and f. See, e.g., email of Thomas Sinagra, Senior Claim Manager, Cigna Group Insurance date October 9, 2009, CLICNY 00200 ("In addition to the earnings figure of $130,214.64, Attorney Heller also feels that an ADCP payment of $90,695.70 should have been added to this earnings figure, as well as a longevity bonus of $4,296.46. Adding these 2 adjustments then yields the Total Compensation figure of $225,206.80 that Attorney Heller feels the LTD benefits should have been calculated off of.").
When commencing this action, Plaintiff continued to maintain that the correct Total Compensation figure was $225,206.80. In his Complaint, Plaintiff reiterated that this figure was accurate, based upon adding items a, d and f. See, Complaint ¶ 24. Moreover, in support of his motion for summary judgment, Plaintiff maintained the accuracy of this calculation. See, Memo of Law in Support of Plaintiff's Motion for Summary Judgment at p. 2, Docket No. [#8] at p. 7 (Indicating that Defendants incorrectly calculated Plaintiff's benefit "using a monthly covered earnings-total definition figure of $130,214.64, rather than the $225,206 figure Mr. Chapman had insisted on at all times.") (emphasis added); see also, Docket No. [#8] at p. 11 ("The suggested figures are $130,214.64 plus ADCP payment of $90,695, plus longevity bonus of $4,296.46 = $225,206.80 = Total Compensation.").*fn7
Based upon this calculation, and factoring in an offset for social security disability payments, Plaintiff maintains that the correct amount he should receive per month is $8,296.34. See, e.g., letter of Attorney Heller to CIGNA dated Mar. 16, 2010, CLICNY 00146 ("I cannot understand how anyone can read [the policy] any way other than to result in his monthly benefit being approximately $8,296.34.") (emphasis in original).
Since Plaintiff has actually been receiving only $3,547.00 per month,*fn8 he claims that Defendants owe him an additional $4749.34 per month. See, Complaint [#1] at ¶ 25 ("[Plaintiff] has been short changed, and is owed a minimum of $4,749.00 per month[.]").
Summary Judgment Standard Summary judgment may not be granted unless "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). A party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists. See, Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970). "[T]he movant must make a prima facie showing that the standard for obtaining summary judgment has been satisfied." 11 MOORE'S FEDERAL
PRACTICE, § 56.11[1][a] (Matthew Bender 3d ed.). "In moving for summary judgment against a party who will bear the ultimate burden of proof at trial, the movant may satisfy this burden by pointing to an absence of evidence to support an essential element of the nonmoving party's claim." Gummo v. Village of Depew, 75 F.3d 98, 107 (2d Cir. 1996)(citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986)), cert denied, 517 U.S. 1190 (1996). Once that burden has been established, the burden shifts to the non-moving party to demonstrate "specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). To carry this burden, the non-moving party must present evidence sufficient to support a jury verdict in its favor. Anderson, 477 U.S. at 249. The parties may only carry their respective burdens by producing evidentiary proof in admissible form. FED. R. CIV. P. 56(c).
The underlying facts contained in affidavits, attached exhibits, and depositions, must be viewed in the light most favorable to the non-moving party. U.S. v. Diebold, Inc., 369 U.S. 654, 655 (1962). Summary judgment is appropriate only where, "after drawing all reasonable inferences in favor of the party against whom summary judgment is sought, no reasonable trier of fact could find in favor of the non-moving party." Leon v. Murphy, 988 F.2d 303, 308 (2d Cir.1993).
ERISA, 29 U.S.C. § 1132 Plaintiff brings this action to recover benefits pursuant to 29 U.S.C. § 1132. With respect to this statute, it is well settled that "a denial of benefits challenged under [29 U.S.C.] § 1132(a)(1)(B) is to be reviewed [by a district court] under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan." Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). Where the plan does grant discretion to the administrator, a court "will not disturb the administrator's ultimate conclusion unless it is arbitrary and capricious." Pagan v. NYNEX Pension Plan, 52 F.3d 438, 441 (2d Cir.1995). Tocker v. Philip Morris Companies, Inc., 470 F.3d 481, 487 (2d Cir. 2006). Under the arbitrary and capricious standard, the court must uphold the administrator's decision unless it is "without reason or erroneous as a matter of law," and "[w]here the plan participant and the plan administrator offer "two competing yet reasonable interpretations of [the plan]," [the court] must accept that offered by the administrators." Id. at 489 (citations omitted). However, "where the administrator imposes a standard not required by the plan's provisions, or interprets the plan in a manner inconsistent with its plain words, its actions may well be found to be arbitrary and capricious." Pepe v. Newspaper and Mail Deliveries'-Publishers' Pension Fund, 559 F.3d 140, 147 (2d Cir. 2009).
Moreover, "[w]e interpret ERISA plans in an ordinary and popular sense as would a person of average intelligence and experience. If there are ambiguities in the language of an insurance policy that is part of an ERISA plan, they are to be construed against the insurer." Critchlow v. First UNUM Life Ins. Co. of America, 378 F.3d 246, 256 (2d Cir. 2004) (citations and internal quotation marks omitted).
In the instant case, the parties agree that the Court must apply the arbitrary and capricious standard of review.
As discussed above, Plaintiff's contention is that Defendants erred by failing to include items d and f when calculating "Total Compensation." The Court will examine those items to see whether they fall within the definition of Total Compensation, which, as already discussed above, states, in pertinent part:
Cigna Life Insurance Company of New York ("CLICNY") Policy No. NYK-2260, Amendment 10, CLICNY 00438.
Item d, as noted earlier, is a $90,695.70 "ADCP Payout," meaning that it was deferred compensation that Plaintiff earned in 2001, that was actually paid to him in 2002. As defined above, "gross pay" is defined as "gross pay before any deferrals into 401(k), deferred compensation plans or flexible spending accounts." Accordingly, Plaintiff's gross pay for 2002, as set forth in item a, and counted for purposes of calculating Total Compensation, includes sales compensation of $130,214.64 (Item a), even though he opted to defer $62,011.97 of that amount until the following year. See, Citigroup Inc. Plans Administration Committee Agenda at p. 3, Column C, CITIGROUP 0003. Therefore, it would not be appropriate to include item d in Plaintiff's 2002 Total Compensation amount, since such compensation, although received in 2002, would be included in his gross pay for 2001, not 2002.*fn9 As noted above, the parties agree that 2002 is the "prior year" at issue, not 2001. Consequently, Plaintiff's contention that item d should be included in Total Compensation is incorrect based on a plain reading of the plan definition, and Defendants' decision not to include that item was therefore not arbitrary and capricious. Item e, which is interest on item d, was also properly excluded.
The next issue is whether item f, described as a "longevity bonus," in the amount of $4,296.46, should have been included in Total Compensation. Defendants' documents describe the longevity bonus as follows:
Financial Consultants generating $350,000 or greater in annual Gross Production qualify for the annual Longevity Bonus beginning in the month following their fifth anniversaries with Smith Barney. The Longevity Bonus is paid in February of the following calendar year to those FCs employed by the Firm on the date of the payment.
Smith Barney Citigroup 2002 Financial Consultant Compensation Plan at p. 23, CITIGROUP 00012. At oral argument, the Court directed Defendants to clarify why item f was excluded from Total Compensation. In response, Defendants stated, in pertinent part:
Line item 'f' -- Longevity Bonus in the amount of $4,296.46 -- was properly excluded from Total Compensation not because it was an annual incentive bonus for a prior year performance, but because it was not an 'annual incentive bonus.'
See, Horbatiuk letter brief dated Jan. 19, 2012 at p. 2. Defendants further explained that this amount was not an "annual incentive bonus" since it did not meet the definition of such under Citigroup's Short Term Disability Plan. Id. (referring to Administrative Record, CITIGROUP 00023). Of course, the relevant plan here is the Long Term Disability Plan, not the Short Term Disability Plan. Nevertheless, Defendants insist that they must apply the definition form the Short Term Plan, for purposes of "parallel construction and consistent plan administration." Id.
However, the issue of consistency between the two policies is irrelevant here. Defendants' post-argument response, rather than supporting its decision, actually undermines it, since it establishes that Longevity Bonus is not "an annual incentive bonus," which is the only type of bonus paid in 2002 that would be excluded from Total Compensation. Since it is not excluded, it is included under the relevant definition, which includes "bonuses paid in the prior calendar year [2002,](excluding annual incentive bonus paid in February of the prior year)." Clearly, the Longevity Bonus was a bonus paid in 2002. Moreover, Defendants indicate that it was not an "annual incentive bonus." Accordingly, the Longevity Bonus, item f, in the amount of $4,296.46, should have been included in Total Compensation, and Defendants' failure to do so was arbitrary and capricious since it ignored the plan's requirement that "bonuses" should be included.
To the extent that Defendants nevertheless argue that such bonus should not be included based on definitions found in the short-term disability plan, or Defendant's interpretation of such plan, such definitions/interpretations are not consistent with the plain language of the long-term plan. Specifically, Defendants argue that the broad term "bonuses" used in the long-term plan's definition of Total Compensation really means only "non-annual cash bonuses" or "annual bonuses paid in cash or as an equity award under the Core Capital Accumulation Program." See, e.g., Defs. Memo of Law [#13] at p. 4. The Court finds that such interpretation would unreasonably restrict the ordinary meaning of the term bonus found in the definition of Total Compensation. Specifically, the only type of bonus that is excluded under that definition is "annual incentive bonuses paid in February of the prior year."
Items g and h also should have been included. In that regard, Defendants indicate that "Asset Gathering Cash" was excluded because "it is not an 'annual incentive bonus paid in February of the current year for prior year performance." Horbatiuk letter brief dated January 19, 2012 at p. 2. At the outset, no one has suggested that item g was such a bonus, and in any event, it was paid in 2002, not the "current year" 2003. Moreover, Defendants' documents indicate that Asset Gathering Cash is a bonus based on a combination of production and years of service. See, Smith Barney Citigroup 2002 Financial Consultant Compensation Plan at p. 27, CITIGROUP 00013. Therefore, item g, is a bonus that was paid to Plaintiff in 2002, and that is not an annual incentive bonus paid in February. Accordingly, it should have been included as Total Compensation for the same reason as item f. Similarly, item h, the interest on that amount, should have been included, since it is compensation paid to Plaintiff that is not excluded by the definition of Total Compensation.
Item i is income that Plaintiff earned in 2002, which represents the taxable value of life insurance that Defendants provided to him as part of his compensation package. It is compensation that was provided to him as part of his "gross pay," and should have been included as Total Compensation.
Lastly, items j and k also should have been included as Total Compensation. Item j is "Money Market Fund Trails Principle," which, according to Defendants' documents, is an amount equal to 10% of Plaintiff's gross production which Defendants paid into an investment fund for him. See, Smith Barney Citigroup 2002 Financial Consultant Compensation Plan at p. 13, CITIGROUP 00011. Defendants indicate that such amount was properly excluded because it was "previously contributed by the employer," perhaps suggesting that it was not paid in 2002. However, the record indicates that it was contributed in 2002, as it was included on Plaintiff's 2002 W-2 statement. Item k is interest that Plaintiff received from prior contributions to such investment fund, and should also have been included, since it is compensation paid to Plaintiff in 2002 that is not excluded by the plan's definition of Total Compensation.
Based on the foregoing discussion, the Court finds that Defendants' failure to include items f-k in Total Compensation is not supported by the relevant plan documents, and was therefore erroneous, arbitrary and capricious. "[I]f upon review a district court concludes that the Trustees' decision was arbitrary and capricious, it must remand to the Trustees with instructions to consider additional evidence unless no new evidence could produce a reasonable conclusion permitting denial of the claim or remand would otherwise be a 'useless formality.'" Miller v. United Welfare Fund, 72 F.3d 1066, 1071 (2d Cir. 1995) (citation omitted). This action has now been pending almost eight years, there is no additional evidence to be considered, and it has already been remanded once. In the Court's view, another remand would be a useless formality, since Plaintiff's benefit amount can readily be calculated from the record. See, Zuckerbrod v. Phoenix Mut. Life Ins. Co., 78 F.3d 46, 51 n. 4 (2d Cir. 1996) (Remand not required where record was complete, and denial of benefits was unreasonable).
The record indicates that the proper benefit amount is 60% of Total Compensation, minus a setoff for Social Security Disability.*fn10 The parties agree that the Social Security Disability setoff is $2,964.00 per month. The correct Total Compensation amount is $142,229.27 ($130,214.64 $4,296.46 $2,811.00 $714.75 $774.00 $2,991.19 $427.23). Sixty percent of that amount is $85,337.56 annually, and $7,111.46 monthly. Applying the Social Security Disability offset results in a monthly benefit of $4,147.46 ($7,111.46 - $2,964.00 = $4,147.46). Defendants calculated the monthly benefit as $3,547.00, and therefore have been underpaying Plaintiff $600.46 per month.
The parties' competing motions for summary judgment [#8][#10] are each granted in part and denied in part. Defendants' calculation of Plaintiff's Total Compensation properly omitted items d and e, the 2001 ADCP deferred compensation payment and interest thereon, but improperly omitted items f-k. Counsel shall settle and submit a proposed order and judgment within twenty days of the date of this Decision and Order.
Charles J. Siragusa
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Toronto forward Spencer Abbott scored with less than two minutes to play, breaking a 3-3 tie and lifting the Marlies to a 5-3 win over the Hamilton Bulldogs Friday night (Sept. 27) at Sixteen Mile Sports Complex in Oakville. Toronto forward Jerry D'Amigo added an empty netter with 56 seconds to go to secure the American Hockey League pre-season win.
It was the first pre-season game for both teams.
The Marlies quickly established a 2-0 lead just 3:03 into the first period with goals from D'Amigo and Greg McKegg, but the Bulldogs stormed back with goals by Chad Wiseman and Erik Nystrom before the frame ended.
Fisticuffs broke out 20 seconds after Hamilton's first goal in the first period. Bulldog Kelsey Wilson received two minutes for instigating, five minutes for fighting and a 10-minute misconduct while teammates Stephen MacAulay and Nathan McIver were handed game misconducts. Toronto's Petter Granberg got five minutes for fighting and Greg McKegg and Brad Ross were hit with game misconducts.
Forward Wade MacLeod scored the only goal of the second period at 7:04 to give Toronto a 3-2 lead.
With less than 10 minutes to go in the third, Stefan Fournier tied things up, but the 'Dogs couldn't hold on, giving up the final two goals.
Forward Akim Aliu and defencemen Dalton Thrower and Joel Chouinard each collected two assists for Hamilton. Forwards Stefan Legein, Sam Carrick and Jerry D'Amigo, defenceman Kevin Marshall and goaltender Garret Sparks collected assists for Toronto.
Mike Condon played the full game for the Bulldogs, making 33 saves on 37 shots. Christopher Gibson started for the Marlies before Sparks took over midway through the second. The two Toronto goaltenders combined for 18 saves on 21 shots.
The Marlies went 0-for-4 on the powerplay and the Bulldogs were 1-for-6.
The teams play again on Saturday (Sept. 28) at 7 p.m. at Cobourg Community Centre in Cobourg. The Bulldogs regular season and home opener is scheduled for Friday, Oct. 11 at 7:30 p.m. against the St. John's IceCaps at Copps Coliseum.
Scoring summary:
1st Period:
TOR – Jerry D'Amigo (Kevin Marshall) – 2:07
TOR – Greg McKegg (Stefan Legein) – 3:03
HAM – Chad Wiseman (Akim Aliu, Dalton Thrower) – 7:21
HAM – Erik Nystrom (Joel Chouinard, Akim Aliu) – 12:56
2nd Period:
TOR – Wade MacLeod (Sam Carrick) – 7:04
3rd Period:
HAM – Stefan Fournier (Joel Chouinard, Dalton Thrower) – 9:37
TOR – Spencer Abbott (Jerry D'Amigo, Garret Sparks) – 18:12
TOR – Jerry D'Amigo (EN) 19:04


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PHILADELPHIA -- Why does soccer need a draft? Seriously. It's a concept that still befuddles my English mind. Maybe it's just that I'm so used to the way things should be done in modern soccer; you know, players get plucked and poached from small-market academies to sit in better-paid purgatory in the Premier League or get loaned all across Europe. The proper way!
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NEW YORK (AP) - Evelyn Lozada is ending her 41-day-old marriage to Chad Johnson after the football star was arrested for allegedly head-butting her over the weekend.
CHARLESTON, W.Va. (AP) - For quarterback Geno Smith, the temptation might be to watch West Virginia's pounding of Clemson in the Orange Bowl over and over. The prolific passer is doing quite the opposite in preparing for the Mountaineers' debut season in the Big 12 Conference.
NORMAN, Okla. (AP) - After a season when the defense just couldn't cut it in the biggest games, Oklahoma is hoping a blast from the past can return the program to a championship level.
OAKLAND, Calif. - Darren McFadden needed one series to show he's in midseason form for Oakland following a foot injury that cut his last season short.
LONDON (AP) - LeBron James stood with both arms in the air, then hugged Kevin Durant before they headed to the bench.
LONDON (AP) - The USA track team came up just short.
BALTIMORE (AP) - The Kansas City Royals, and Alex Gordon in particular, showed their late-night prowess on a dreary night at Camden Yards.
These six rivalries are being built the old-fashioned way - on the field. And there's no contrived, committee-designed trophies, no quaint nicknames that hark back to a more innocent time, and definitely no corporate sponsorship. Just contemporary, 21st-century spite. The winners usually take a big step toward a conference title, or even a national one. The losers just have to sit and stew and plan their revenge next season.
BATON ROUGE, La. (AP) - Heisman Trophy finalist Tyrann Mathieu was kicked off LSU's football team Friday for breaking an athletic department rule, a blow to the Tigers' national championship hopes three weeks before their season opener.
KIAWAH ISLAND, S.C. (AP) - Tiger Woods watched the flight of his tee shot until he could see it drifting too far right, and he hung his head slightly as the ball tumbled off the green. Already with three bogeys in seven holes, it looked as though nothing was going right for him in the PGA Championship.
LONDON (AP) - Mike Krzyzewski's job is nearly finished.
CHARLOTTE, N.C. (AP) - Matt Schaub led one scoring drive and threw an interception in his first action since breaking his right foot last season, and the Houston Texans beat the Carolina Panthers 26-13 on Saturday night in the preseason opener for both teams.
KANSAS CITY, Mo. (AP) - For the Kansas City Chiefs, getting a victory was more of a relief than a win.
CINCINNATI - Tim Tebow picked up some yards by running around a few times. Other than that, there wasn't much to his Jets debut.
Page 228 of 390
OXON HILL, Md. (AP) - Wade Davis already had closed out a World Series. And that was part of his appeal for the Chicago Cubs.
KANSAS CITY, Mo. (AP) - The Raiders and Chiefs are such bitter foes that not even a late-season game between losing teams with no hope of ...
ATLANTA (AP) - The Kansas City Chiefs and Atlanta Falcons have found different ways to win despite ranking near the bottom of the league in yards ...
FORT WORTH, Texas (AP) - Jesse Ertz and Kansas State rushed to the end of coach Bill Snyder's 25th regular season, and to another bowl ...
New York Giants (8-3) at Pittsburgh (6-5)
LAWRENCE (AP) - Jerrod Haase received a long, loud ovation upon his return to Allen Fieldhouse on Saturday.
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United States District Court, S.D. New York
October 29, 2014
MIRIAM HUMBACH, Plaintiff,v.DANIEL CANON, et al., Defendants.
NELSON S. ROMN, District Judge.
By letter dated July 19, 2014 (dkt. no. 48), Plaintiff Miriam Humbach ("Plaintiff') moves for reconsideration of the Court's July 17, 2014 denial of Plaintiff's motion to stay this action. Plaintiff continues to seek a stay of at least one year.
A. Applicable Standard
Motions for reconsideration are governed by Local Civil Rule 6.3 and Federal Rule of Civil Procedure 60(b). The standard is strict. Targum v. Citrin Cooperman & Co., No. 12-cv-6909, 2013 WL 6188339, at *1 (S.D.N.Y. Nov. 25, 2013). Reconsideration "is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources." Allen v. Antal, No. 12-cv-8024, 2013 WL 2526913, at *1 (S.D.N.Y. June 3, 2014).
Such motions "will generally be denied unless the moving patty can point to controlling decisions or data that the court overlooked and that might reasonably be expected to alter the conclusion reached by the court." In re Optimal US. Litig., 886 F.Supp.2d 298, 311-12 (S.D.N.Y. 2012); accord Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 39, 52 (2d Cir. 2012). Alternatively, a court may grant a motion for reconsideration to "correct a clear error or prevent manifest injustice." Optimal, 886 F.Supp.2d at 312.
"Local Rule 6.3 is to be narrowly construed and strictly applied so as to avoid repetitive arguments on issues that have been considered fully by the court." Sys. Mgmt. Arts Inc. v. Avesta Techs, Inc., 106 F.Supp.2d 509, 521 (S.D.N.Y. 2000). "New arguments which could have been raised previously may not be raised on a motion for reconsideration." Thypin Steel Co. v. Certain Bills of Lading, No. 96-cv-2166, 1999 WL 108728, at *1 (S.D.N.Y. Mar. 3, 1999).
B. Analysis
Plaintiff's motion for reconsideration (dkt. no. 48) and subsequent submissions (dkt. nos. 53 and 54) fail to present controlling decisions or data the Court overlooked. Rather, Plaintiff recapitulates arguments previously made, namely, that difficulties associated with Plaintiff's incarceration (e.g., limited access to writing instruments and resources) preclude Plaintiff from appropriately prosecuting the instant case. The Court's prior ruling denying Plaintiffs motion to stay this action considered those arguments and found them to be unpersuasive. Instead, the Court finds currency in Defendants' position that countless inmates in substantially-identical circumstances routinely prosecute Section 1983 cases pro se. The limitations Plaintiff may face while incarcerated are not unique, and, barring something more, the Court is not willing to stay this action. Accordingly, the Court DENIES Plaintiff's motion and will allow the matter to proceed apace. The Court will issue a decision on the pending motions to dismiss in the ordinary course.
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docket number, case citation or footnotes. Upon purchase, docket numbers and/or
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text:
With its blend of contemporary design of exposed stonework, mixture of sumptuous sofas, and wood panelling you know you are in the perfect place to relax and entertain.
Whether you stop by for breakfast, a long lazy lunch or decadent Afternoon Tea you will have the choice of a menu full of fresh premium local produce prepared with care and attention.
For dinner we offer our a la carte menu each evening or if you want something extra special we have a seven course tasting menu which you can choose to have accompanying wines with for a delectable and memorable dining experience, in the setting of our elegant boutique hotel restaurant.
If your occasion requires greater privacy we have a selection of private dining rooms for you to choose. The Cellar offers an atmospheric dining room for up to 16 people and The Panel Room, adjacent to the main restaurant, allows for flexibility as it offers a partial or totally private dining experience, perfect for an intimate party for up to 24 guests or a small drinks reception.
We also offer all day dining in our lounge from our Deli menu and full Afternoon Tea there too.
A warm welcome awaits.
7.00am - 10.00am weekdays
7.30am - 10.30am weekends
Monday – Saturday 12pm – 2.30pm
Sunday 12pm – 4.00pm
Monday – Saturday 6.30pm – 9.30pm
Sunday 6.30pm – 9.00pm
Monday – Sunday 3.00pm – 5.00pm
Monday – Sunday noon to 9.30pm
Kings Head Hotel (107808), Gloucestershire/Wiltshire Reservations


text:
Artist: William Sidney Mount (American, Setauket, New York 1807–1868 Setauket, New York)
Date: 1840–41
Medium: Oil on canvas
Dimensions: 27 x 34 1/8 in. (68.6 x 86.7 cm)
Classification: Paintings
Credit Line: Purchase, Bequest of Charles Allen Munn, by exchange, 1966
Accession Number: 66.126
Mount usually recorded familiar activities that occurred in his hometown of Setauket, Long Island. Yet savvy viewers would have seen through this painting's simple message of rural work to its clues about the political maneuvering surrounding the hard-fought presidential election of 1840. The cider makers' down-home simplicity was evoked by the Whig Candidate, William Henry Harrison, who campaigned as a common man claiming to prefer a log cabin and hard cider to the alleged excesses enjoyed by the incumbent, Martin Van Buren. By including the date conspicuously on the cider barrel in the foreground, Mount calls attention to his scene's political content.


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Hello visitor from
visiting from
27 China
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This Month's Highlights:
(China): Print Labels, Stickers, Tags, Epoxy Resin Stickers
(China): Shipping Rates From China, Air Freight Rate From China, Ocean Freight Quote, Shipping Cost, Shipping Price, Freight Quote
90 Degree Carbon Steel Elbow Lr
Posted at: Offers to Sell and Export | Posted on: Tue 17 Mar, 2009 1:49 am |
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Detailed Product Description
90 degree carbon steel elbow(lr)
Iso 9001certificate.
Butt welded
Production acc. to the standard of GB /ASTM / ASME / DIN / JIS
Astm b 16.9 /16.11 b 16.28 jis b 2311/2220 din2617/2616/2615/2391
Types: Elbows, seamless and welded, LR & SR, Bend -Equal and reducing Tees, seamless and welded - Concentric and eccentric Reducers, seamless and welded -Caps, Wall thickness: From Sch5 up to Sch160/STD/XS/XXS
Material Grades: A403, WP304, WP304L, Wp316, WP316L, A234WPB, Dimensions: Seamless: from 1/2' up to 24'
Welded: From 1/2' up to 72'
Any further information, pls contact us freely!
Company Contact:
Contact Name: Lena Wang
Company Name: Shandong Yineng International Trade Co., Ltd.
Tel: 86-15069113087 or 86-531-88020991
Fax: 86-531-88020992
Street Address: F22, Jiaheng Building A,
Jinan, Shandong, China
Member name: lenayineng
Member Since: 16 March 2009
Total Leads:
14 lenayineng Import Export Business Leads
Business focus: Pipe Fittings, Elbow, Flange, Nipple, Tee, Cross, Reuducer, Union, Cap
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text:
Candles are alight in our living room this Sunday evening and the first one to have been lit was the Advent Candle. Next to this I've placed a card from the local church that we received today. The first Sunday of Advent marks the beginning of the church year in the Western Christian calendar and the season of Advent is an opportunity to stop and think about what it means to be a follower of Jesus, to receive once again the hope that this brings as we prepare for celebrating his birth. Every year I've appreciated these weeks of quiet reflection before Christmas and will do so even more this year. My recent goal was to get well so that I could travel to Italy and to be able to get out-and-about locally here in the UK once more. It was good to be able to go to a church service today and to feel physically part of the church community. Over the last few months I've also known the prayer support and thoughtfulness of others. Of course, that includes you, my friends. Thank you so much.
Sunday, 27 November 2016
Thursday, 24 November 2016
A time in Italy (2) Out and About
As soon as we got the car running and because the weather wasn't suitable for doing anything in the garden we went to the hill town where we're registered as Mr. P. wanted to renew his passport. To get the paperwork started we had to go to the offices of the town hall. Although there was a bit of a wait for some paperwork to be completed to start the process the clerk was very helpful. Whilst in the town hall office a lady who was also waiting to do business wanted to know what I think of Brexit. She was curious about the vote which has resulted in the decision to withdraw from the European Union. To the lay person it all seems very complicated with lots of implications for the economy, trade and freedom of movement. The Italian people have their own constitutional referendum on reforming the government (although not, in fact, about making any decision to leave the EU) on the 4th December. Listening to my husband's family debating it over the lunch table was fascinating.
It was market day in town although most of the stalls are in an area outside the town walls and not in the main town hall square so it wasn't busy. In the piazza was a fish stall, a fruit and vegetable stall and a stall selling clothes, linen, blankets and other soft furnishings. Last year I bought some blankets from this trader. It was misty up in this hill town so the photos are not very bright.
We also went to the local social health offices on our way down to the car park. We were thankful that we were walking down hill and not up hill as by then our energy was low.
The steps down to the car park are through the metal gate on the right hand side of the above photo.
a view of the countryside from the top of the steps and
down below is the car park
We didn't stop anywhere for a cup of coffee as we usually do because it was such a miserably damp day, but went straight home and had a welcome espresso coffee when we got indoors.
Thankfully the weather improved and the next time we went out and about to the shops, the Abbey church and grounds we enjoyed the sunshine and this is reflected in the photos that I took and will share next time.
Meanwhile I wish everyone a good day and Happy Thanksgiving to those who keep this tradition,
Linda :)
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text:
2017 Book Sale Dates!
January 28, May 20 and September 23
Members only Sale (Join at the Door!) 9AM-10AM
Public Sale 10 a.m.-1 p.m.
Back by popular demand !!! So many people expressed interest in bringing back the $3/Bag Sale, so we listened and it's back!
$3/Bag Sale 12 p.m.-1 p.m.
The Morro Bay Friends of the Library's Book Sale on Saturday, September 24th was a HUGE success! The community, volunteers, library staff and board helped organize a sale that reached @$4300.00 for books, DVDs, programs and library services.
There's an easy way to help the Morro Bay Friends of the Library!
Simply shop through AMAZON-SMILE using http://smile.amazon.com and search for MBFOL.
Naming the Friends as your charity will give us a percentage of every purchase you make.
Did You Know?
The San Luis Obispo Library will be closing for upgrades October 3, 2016
During the closure hold pickups and returns will be available from a temporary library in the small conference room on the first floor.
The Library will reopen January 2017.
Look forward to these new features:
• Public space expanded to three floors • Group study rooms available to everyone • An expanded Children's area with programming space • A Teen Space • Increased access to the Local History Collection • Automated materials sorting
Mondays – Closed
Tuesdays – 9am-6pm
Wednesdays – 10am-6pm
Thursdays – 10am-5pm
Fridays – 10am-5pm
Saturdays – 10am-5pm
Sundays – Closed
Directions to the Morro Bay Library
Contact UsMorro Bay Friends of the Library 625 Harbor St. Morro Bay, CA 93442 805-772-6394 EMAIL Don't have a Paypal account? Use the "continue" link at the bottom left side of the Paypal page to make a donation with a credit card or bank account.


text:
The Meaning of NYI
You have found the definitive source for the meaning of NYI. This page contains all the definitions of NYI, crowd sourced, moderated and curated by real people who care about the true definitions of NYI.
The Top Definition of NYI
The most popular meaning of NYI is: Not Yet Implemented
What Other Meanings of NYI Are There?
There are no other definitions for NYI at this time. Add your own definition of NYI.
What is NYI?
NYI is Not Yet Implemented
NYI Means
The definition of NYI is "Not Yet Implemented".
NYI Definition
The meaning of NYI
NYI means Not Yet Implemented.
Now you understand the definition of NYI - NYI means "Not Yet Implemented".
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What does NYI mean? NYI is an acronym, abbreviation or slang word that is explained above. If you ever forget what NYI means, just come back to Slang.org and we'll define any acronym you need help with.


text: I took my wife to Ruth's Chris Steakhouse for her birthday recently. We had been here before and enjoyed it, and this visit was no different. We were seated promptly and our waiter Evan was excellent: courteous, attentive and helpful. We brought a special bottle of wine for my wife's birthday (a 1982 Lynch Bages Pauillac Bordeaux) and Evan treated... More


text:
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Houses for Rent in 83438, ID
|30 Listings Found
Rental house in. Anthony. Very affordable 2 Bedrooms, two Bathrooms home. Fully fenced yard on a half acre of 4MQNBZ land. Has propane...
1074 S Yellowstone Highway, Saint Anthony, ID, 83445Details »
This house is a great home and yard. Large deck in front and in back. Bathroom upstairs is all new and new hard wood floors in the...
Sugar City, ID, 83448Details »
This is a beautiful home in the Hibbard area just north of Teton Lakes Golf course. It has 3 beds plus two other 4MQT89 large rooms...
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Beautiful Home near Schools - This beautiful 3 bedrooms two bathrooms home has tons of storage! It also has a wonderful fenced...
590 Maple Drive, Rexburg, ID, 83440Details »
Its a wonderful country home just south of Rexburg. It has a great layout and a big yard. It has detached 4MWTRV garage shop. Come by...
4733 S 2000 W, Rexburg, ID, 83440Details »
You do not want to miss out on this AmAzInG deal This little charmer is a definite must see! It offers 3 beds and 1 bathrooms...
120 N 1st W, Rexburg, ID, 83440Details »
Very nice 3 bedrooms two bathrooms home for rent in Rexburg. Great for small family and the best landlords ever. Massive yard and...
381 N 12th W, Rexburg, ID, 83440Details »
Rock Creek Townhouse - This is a brand new 3 bedrooms 2. five bathrooms unit. The unit has an amazing layout with a master bedroom you...
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This is a beautiful home in the Hibbard area just north of Teton Lakes Golf course. It has 3 beds plus two other large rooms that...
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Great 4 Beds three Bathrooms House for rent. This home is o y two blocks from campus and close to Park. Some utilities are include. No...
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This quaint little home is situated at the end of a peaceful just a few short blocks from BYU-I campus and within walkable distance of...
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This is a beautiful 3 beds home with a large yard and plenty of room storage. It has a small study, spacious living room, spacious...
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Big River Man Review: A Feat Of Viewer Endurance
September 5, 2009 by admin
Filed under - Home, Film Reviews
BIG RIVER MAN: On General Release across the UK from Friday 4th September 2009
Martin Strel is an overweight, 50+ Slovenian man with a pretty serious drinking problem.
He's also the world's most famous long distance swimmer with a neat line in swimming the length of the world's most challenging and dangerous Rivers including the Yangtzee and the Mississippi.
In 2007, when aged 53 and whilst drinking at least two bottles of wine a day, Strel smashed his own world record for distance swimming by well over a thousand miles by swimming the length of the Amazon River to raise awareness of deforestation in the area.
Now, if a real life underdog story like that doesn't get your juices flowing then friend, you simply don't like movies. However, the story of Martin Strel's frankly jaw dropping feat is more than a simple saccharine tale of achievement against the odds, which becomes painfully apparent as we watch the troubled swimmer endure extreme physical hardship and a genuinely troubling descent into madness as he battles the world's most dangerous river.
Rocky, this aint.
The actual story of Martin Strel's incredible achievement is genuinely fascinating, though filmmakers John Maringouin and Molly Lynch's continual insistence gilding the Lilly is a constant distraction. One of the key skills of a documentary filmmaker is knowing when to let the subject do the storytelling and it's here that they spectacularly fail.
Clumsily staged scenes and a soundtrack that sounds like a sixth-formers Spotify Playlist annoy you to the point where you wish they'd simply point the camera at Strel and stay the hell out of the way.
Also, they seem never to have quite decided whether Big River Man is supposed to be an off-beat comedy, an environmental expose, or a harrowing journey into the void. This insistence on trying to make Borat, An Inconvenient Truth and Apocalypse Now all at the same time has a deadening effect on the pace of film and makes a coherent tone impossible to maintain.
Even so, Martin Strel is truly a one off character who demands your attention right from the first second of the film to the last and even the filmmakers' ineptitude cannot fully curb the fascination of watching a man push himself beyond the limit in pursuit of a seemingly impossible goal.
For that reason alone, this is worth a watch. However, it remains a five star story trapped in a two star film.
Matt Thomas


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Introduced on Oct 6, 2011
0 total co-sponsors
This bill was introduced on Oct 6, 2011, in a previous session of Congress, but was not passed.
H.R. 3131: To direct the Secretary of State to submit a report on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization and any actions taken by the Department of State to express gratitude... Read more
0 total users
No input from this state
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No stakeholders have taken a position yet. Click the link below to be the first!Add a Position


text:
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text:
Tom Rahl
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Tom Rahl was a secret protector of the Lord Rahl who used the cover of travelling with his brothers selling wine to remain close to Lord Rahl at all times. He later fell in love with his master's sister, Jennsen Rahl, with whom he would choose to live with in the world without magic created by Richard. Their descendant, Alexander Rahl was the first to learn of the world with magic and helped the Cain opposition.
He first met Jennsen when she tried to find her goat and horses. He offered her some wine and tried to be of some assistance when she was in distress. He told her he couldn't help her more than the wine at that time though. He later drives to Jennsen when she is on the Azirith plains and offers her food, water, wine, and a ride. She welcomes the offer and they go to Althea's swamp together. He helps her get back to the People's Palace after she gets out of the swamp. He helps her get to where Sebastian is located and then continues to go on his way. He reappears at the Pillars of Creation (place) with betty and his trusty wagon. It is here that it is revealed he is a protecter of Lord Rahl and that Cara knows who he is. He helps Richard, Kahlan, Cara, and Jennsen by giving them a ride out of the Pillars of Creation (place).
Personality and traits Edit
He was a tall strong man with blonde hair and blue eyes. He seemed to be a very timid person though he was kind as well. He was skilled with weaponry and had very good aim as he could throw a dagger across the pillars of creation (place) and hit a mark dead on. He is very deadly too as he joked with Jenssen that he wouldn't have let her touch Lord Rahl if he thought she was a danger to him.
Appearances Edit
- Pillars of Creation (First appearance)
- Naked Empire
- Chainfire
- Phantom
- Confessor


text:
Photonic shock wave
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A photonic shock wave is a release of energy which can be created by detonating a photon torpedo with a directed energy weapon. Extremely powerful, such a shock wave can be used to disable a small group of ships.
This tactic was used in the Battle of Vorkado, wherein a Romulan captain disabled two attacking vessels by creating a photonic shock wave between the ships. This battle was contained in The Doctor's tactical database after his upgrade to the Emergency Command Hologram. In 2377, he utilized the same procedure to disable two Quarren patrol ships which were attacking the USS Voyager. (VOY: "Workforce, Part II")


text:
Warm Pesto Goat Cheese Log
Total Time
Prep 5 mins
Cook 20 mins
This baked goat cheese appetizer disappeared at our last party, despite its simplicity. Make changes to suit what you have on hand.
Ingredients Nutrition
- 14 ounces canned diced tomatoes, drained
- 10 1⁄2 ounces goat cheese
- 1⁄2 cup pesto sauce
- Preheat your oven to 400 degrees.
- Pour the drained diced tomatoes onto the center of an oven-safe serving dish (I like to use a glass pie dish). Place the goat cheese log on top of the tomatoes, then spread the pesto on top of the goat cheese.
- Place in oven and cook until goat cheese is warmed through and soft to the touch (about 15-20 minutes). Serve with crackers, Italian bread, pita chips, or whatever else you have available.


text:
Part 41753
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|Design ID: 41753
|Years in production: 1999
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Part 41753 is a part that only purpose is to hold the rubber bands of various sets. It has got two holes for TECHNIC pins so it can be attached to LEGO.


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Was this my period? It was light pink and was on and off for only 3 days...
I had a miscarriage and d&c in november my first cycle was on december 26th 48 days later... i only had intercourse on the 17th and 30th of january and it is now february 5th day 42 and I am not spotting anymore. It started on day 39 and lasted til day 41 and I had a few cramps.. no pregancy symptoms at all and plus i took a hpt test and it was negative. I know I will get answers saying "wait a week" but im just confused if this is my period because my husband and i want to try to conceive this month so i dont know if i should count 14 days the day i started so i ovulate or what? will i ovulate this month or is it just irregular? anyone with experience in my situations all answers welcome! :)
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Thund Splithoof
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|Corporal Thund Splithoof
|Ghost (Humanoid)
|Alliance Horde
|Swamp of Sorrows
Corporal Thund Splithoof is a level 55 quest giver located by the entrance to the Blasted Lands in the contested territory of Swamp of Sorrows. He is only visible once you complete the Fallen Hero of the Horde's quest "The Stone that Binds Us".
The Fallen Hero redirects you to Thund who gives you a chest with the [Shard of Afrasa] inside. There is a specific demand you trigger with the Fallen Hero of Horde to "summon" him, directly opposite of him (once you completed the quest).
It is speculated he was one of the men in the Fallen Hero of the Horde's group while venturing in the Blasted Lands and got killed.
He is friendly to both Horde and Alliance, and starts the quest [57] Heroes of Old.
See List of Swamp of Sorrows NPCs.


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APPEAL from the Circuit Court of Cook County; the Hon. RAYMOND
K. BERG, Judge, presiding.
Plaintiff, Elsie Spearman, filed suit against defendant State Security Insurance Co., for a declaratory judgment directing defendant to submit to arbitration pursuant to the Uniform Arbitration Act (Ill. Rev. Stat. 1975, ch. 10, par. 101 et seq.) and in accordance with an automobile insurance policy issued to plaintiff. The suit arose from defendant's refusal to arbitrate a claim made by plaintiff under the "uninsured motorist" provision of the policy. Previously, plaintiff had been in an automobile accident with a motorist whose insurance carrier subsequently became insolvent.
After a bench trial, the trial court found for defendant and held that plaintiff should have made a claim against the Illinois Insurance Guaranty Fund, rather than proceeding under her insurance policy.
From that judgment, plaintiff appeals. Plaintiff argues that there can be no recovery under the Illinois Insurance Guaranty Fund until one has exhausted their rights under their own policy.
We reverse and remand with directions.
The facts are undisputed. On June 9, 1972, plaintiff Elsie Spearman was in an automobile accident with an automobile driven by Robert Boone in Thorton Township, Cook County, Illinois. At the time, plaintiff was covered by a policy of liability insurance issued to her by defendant State Security Insurance Company. Similarly, Robert Boone had a policy of insurance issued to him at the time of the accident. However, Boone's carrier, Metro Casualty Company, became insolvent several months after the accident.
Plaintiff's insurance policy with defendant provides:
"To pay all sums which the insured or his legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile because of bodily injury, sickness or disease, including death resulting therefrom, hereinafter called `bodily injury', sustained by the insured, caused by accident and arising out of the ownership, maintenance or use of such uninsured automobile."
Said policy further defines "uninsured automobile" as:
"(c) an automobile with respect to which there is a bodily injury liability insurance policy applicable at the time of the accident but the company writing the same is or becomes insolvent subsequent to the date of the accident."
The insurance policy also contains an arbitration provision that provides for the selection of an impartial arbitrator which a dispute between the insured and the insurer arises as to whether the insured can recover under the policy for injuries caused by the uninsured motorist.
Relying on these provisions, plaintiff made an uninsured motorist claim under her insurance policy. However, defendant denied liability on the basis that Mr. Boone was not the owner or operator of an uninsured automobile, by virtue of the existence of the Illinois Insurance Guaranty Fund (Ill. Rev. Stat. 1975, ch. 73, par. 755a). Defendant stated that plaintiff's proper recourse was to file a claim against the Fund, rather than her insurance policy, since the purpose of the Fund is to protect insured motorists from motorists whose insurance carriers subsequently become insolvent.
When defendant refused to submit to arbitration in order to settle the claim, plaintiff filed a suit for declaratory judgment seeking to compel arbitration. After a bench trial, the trial court rendered a judgment in favor of defendant.
From the judgment, plaintiff appeals. Plaintiff argues that it was improper for defendant to refuse to arbitrate and further argues that an insured must exhaust his claim under the uninsured motorist and arbitration provisions of his insurance policy before proceeding against the Illinois Insurance Guaranty Fund. We agree.
The purpose of section 143a of the Insurance Code (Ill. Rev. Stat. 1975, ch. 73, par. 755a) has been enunciated in several cases. In Putnam v. New Amsterdam Casualty Co. (1970), 48 Ill.2d 71, 89, 269 N.E.2d 97, 106, the Supreme Court stated:
"[W]e believe the reasonable purpose of the statutory uninsured motorist provisions is to assure that compensation will be available to policyholders, in the event of injury by an uninsured motorist, to at least the same extent compensation is available for injury by a motorist who is insured in compliance with the Financial Responsibility Law."
(Also, see Tindall v. Farmers Automobile Management Corp. (1967), 83 Ill. App.2d 165, 226 N.E.2d 397; Ullman v. Wolverine Insurance Co. (1969), 105 Ill. App.2d 408, 244 N.E.2d 827.) However, the uninsured motorist clause in plaintiff's insurance policy affords precisely the same protection to the insured as section 143a. What we must resolve is whether an insured must first file a claim under the uninsured motorist provisions of his insurance policy, or proceed against the Fund.
We believe the answer is set forth in section 546 of the Insurance Code (Ill. Rev. Stat. 1975, ch. 73, par. 1065.96), which states:
"(a) Any claimant having a claim against his company under any provision in his insurance policy which is also a covered claim shall be required to exhaust first his right under such policy. Any amount payable on a covered claim under this Article shall be reduced by the amount of such recovery under the claimant's insurance policy."
This language makes it clear that an insured must first proceed under any rights conferred by his insurance policy. Lucas v. Illinois Insurance Guaranty Fund (1977), 52 Ill. App.3d 237, 367 N.E.2d 469.
Requiring plaintiff to proceed first against the Fund would be contrary to the intent of the legislature. Plaintiff is paying a premium, a portion of which buys the uninsured motorist coverage. Defendant cannot accept this money and then attempt to limit its liability by arguing that plaintiff should make a claim under the Fund rather than her insurance policy. (This rationale is equally applicable to negate defendant's alternative argument that plaintiff exhausted her rights under her policy when she merely filed her claim under the policy and defendant refused it.)
Finally, the existence of the Fund does not make Mr. Boone an "insured" motorist as defendant contends. The very terms of plaintiff's insurance policy assure this conclusion by defining "uninsured automobile" as:
"(c) an automobile with respect to which there is a bodily injury liability insurance policy applicable at the time of the accident but the company writing the same is or becomes insolvent subsequent to the date of the accident."
This definition exactly describes Mr. Boone's situation. In fact, the supreme court has held that one whose insurance company becomes insolvent is an "uninsured motorist." Kaszeski v. Fidelity & Casualty Co. (1973), 54 Ill.2d 241, 296 N.E.2d 743.
Therefore, for the foregoing reasons the judgment of the circuit court of Cook County is reversed and the cause is remanded with directions that the parties proceed to arbitration.
Judgment reversed; cause remanded with directions.
GOLDBERG, P.J., and O'CONNOR, J., concur.
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Goat Rock Beach is a sand beach in northwestern Sonoma County, California, United States. This landform is a sub-unit of Sonoma Coast State Beach, owned and managed by the State of California.
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text: i have a jailbroken 3.1.3 firmware ipod, my cousin changed the pin and didn't tell me..i have to restore it now.. but im on itunes 9 and i downloaded the ipod3_3.1.3_7E18 firmware to restore my ipod but it says it can't because it's not compatible.. there are two choices i can make, either 1. to downgrade to 3.1.2 firmware restore..then back to 3.1.3 firmware and re-do spirit jailbreak like i did the first time.. or 2. download itunes 9.2 and download 4.x.x firmware and restore/upgrade it to firmware 4.x.x then downgrade it back to 3.1.3 with itunes lower than 9.x.x but im not sure if one of them will work..or both of them will work..or none of them..which route should i take? any other ways? PLEASE HELP! please and thank you! -emozdashietxp EDIT: i'm using an ipod 3rd gen 8g and it's locked/disabled for punching in the wrong pin many times. and it's jailbroken too.


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Research Article
Gingerol-Induced Hypoxia-Inducible Factor 1 Alpha Inhibits Human Prion Peptide-Mediated Neurotoxicity
Version of Record online: 25 SEP 2012
DOI: 10.1002/ptr.4842
Copyright © 2012 John Wiley & Sons, Ltd.
Phytotherapy Research
Volume 27, Issue 8, pages 1185–1192, August 2013
Additional Information
How to Cite
Jeong, J.-K., Moon, M.-H., Park, Y.-G., Lee, J.-H., Lee, Y.-J., Seol, J.-W. and Park, S.-Y. (2013), Gingerol-Induced Hypoxia-Inducible Factor 1 Alpha Inhibits Human Prion Peptide-Mediated Neurotoxicity. Phytother. Res., 27: 1185–1192. doi: 10.1002/ptr.4842
Publication History
- Issue online: 22 JUL 2013
- Version of Record online: 25 SEP 2012
- Manuscript Revised: 17 AUG 2012
- Manuscript Accepted: 17 AUG 2012
- Manuscript Received: 27 APR 2012
Funded by
- National Research Foundation of the Korea Grant funded by the Korean Government. Grant Number: 2012R1A1B3000463
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Tourmilated Quartz Faceted Nugget 4-7x12-16mm
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$284,000 98 acres Rayville, LA 71269 - Richland Parish
Richland 98
98+/- Acres in Richland Parish, Louisiana. This tract offers a wide variety of possibilites. Approximately 20+/- acres of irrigated, laser leveled farmland. The remaining acreage is mature hardwood timber. This property offers multiple points of access with excellent development potential. Property is bordered by Highway 584 on its northern boundary and bordered by Charles Ware Road to the west. This property provides an excellent source of income from the farmland as well as excellent hunting. Property lies within the Mangham School district. Please contact for more information.
Matthew Manuel Matthew Manuel


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The Senate, by a vote of 79-19, passed the Travel Promotion Act, which creates a nonprofit corporation that will strive to attract more foreign travelers to the U.S. "As the global economy sputters, our visitor industry suffers, and any help the federal government can provide our No. 11 industry would aid our economic recovery," said Sen. Daniel Inouye, D-Hawaii.
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