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Meet Tess! She is about 8 years old and 7 pounds. Life before being rescued from a commercial dog breeder did not bring happy times to Tess. She endured some kind of injury to her right eye that has left it blind. Tess was not very snuggly, at first with her foster family, but was she very sweet. Just in the past week Tess has decided that she likes to join her foster family on the couch! Tess currently lives with kids. She was afraid at first, but as long as the kids are respectful, she gains trust. She would do great in a home with another dog or people around a lot. She also loves a fenced in yard to explore. Tess takes her time warming up to people, but we know she has a heart of gold. With patience, compassion and your love Tess will be that special dog you may be looking for.
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United States District Court, N.D. Illinois, Eastern Division
July 8, 2005.
LESTER W. STOLARCZYK, Independent Executor of the Estate of REBECCA M. STOLARCZYK, Deceased, Plaintiff,
SENATOR INTERNATIONAL FREIGHT FORWARDING, LLC, Defendant.
Plaintiff Lester Stolarczyk ("Plaintiff") is suing, on behalf
of the estate of Rebecca Stolarczyk ("Stolarczyk"), Senator
International Freight Forwarding, LLC ("Defendant" or "Senator"),
for allegedly unlawfully terminating Stolarczyk and failing to
offer her a reasonable accommodation for her alleged disability
in violation of the Americans with Disabilities Act,
42 U.S.C. §§ 12101, et seq. (D.E. 24 (Am. Compl.).) The case is before the
Court on Defendant's motion for summary judgment ("Motion").
(D.E. 27.) For the reasons stated below, the Motion is granted.
I. Background
A. Preliminary Issues
The relevant facts are taken from Defendant's Local Rule 56.1
("L.R. 56.1") statement of facts and exhibits ("Def. SF"),
Plaintiff's response to Defendant's statement of facts ("Pl.
Resp. to SF"), Plaintiff's L.R. 56.1 statement of additional
facts ("Pl. SAF"), and Defendant's response to Plaintiff's
statement of facts ("Def. Resp. to SAF"). As is the practice in
this district, the Court only considers those facts or additional facts that are
presented in compliance with Local Rule 56.1 ("L.R. 56.1"). The
Seventh Circuit has "consistently and repeatedly upheld a
district court's discretion to require strict compliance" with
L.R. 56.1. See Bordelon v. Chicago Sch. Reform Bd. Of Trs.,
233 F.3d 524, 527 (7th Cir. 2000).
When denying a movant's factual allegations, "a general denial
is insufficient." Malec v. Sanford, 191 F.R.D. 581, 584 (N.D.
Ill. 2000). Rather, "the nonmovant must cite specific evidentiary
materials justifying the denial." Id.; see also id. (failure to
adhere to L.R. 56.1 requirements, including citation to specific
evidentiary materials justifying denial, is equivalent to
admission). In deciding a summary judgment motion, a court may
consider, along with deposition testimony and other material
discussed in Federal Rule of Civil Procedure 56(c) and 56(e),
"any material that would be admissible or usable at trial,
including properly authenticated and admissible documents or
exhibits." Smith v. City of Chicago, 242 F.3d 737, 741 (7th
Cir. 2001) (internal quotations omitted). A court must disregard,
however, evidence that constitutes inadmissible hearsay. See
Davis v. G.N. Mortg. Corp., 396 F.3d 869, 874 n. 3 (7th Cir.
2005) (citing Bombard v. Fort Wayne Newspapers, Inc.,
92 F.3d 560, 562 (7th Cir. 1996)); Eisenstadt v. Centel Corp.,
113 F.3d 738, 742 (7th Cir. 1997) ("[H]earsay is inadmissible in summary
judgment proceedings to the same extent that it is inadmissible
in a trial . . . except that affidavits and depositions, which
(especially affidavits) are not generally admissible at trial,
are admissible in summary judgment proceedings to establish the
truth of what is attested or deposed . . . provided, of course,
that the affiant's or deponent's testimony would be admissible if
he were testifying live.").
Here, Senator argues that most of Plaintiff's responses to its
statements of fact, as well as various of Plaintiff's statements of additional fact, are
supported only by inadmissible hearsay. In particular, Senator
objects to the use of Stolarczyk's EEOC charge (D.E. 33, Ex. 3)
and to notes apparently taken by an EEOC investigator that
document statements made by Stolarczyk during an interview
(id., Ex. 4). (See Def. Resp. ¶¶ 1, 2, 4, 5; D.E. 35 at 2-5.)
Plaintiff is using these documents for the truth of the matters
asserted in them to argue, for example, that Stolarczyk was
terminated by Senator rather than, as other evidence reflects,
that she was not.
Defendant argues that these documents do not fall within any of
the exceptions to the generally applicable prohibition on hearsay
contained in the Federal Rules of Evidence. In a supplemental
brief ordered by the Court regarding these evidentiary issues
(see D.E. 37), Plaintiff does not dispute that Ms. Stolarczyk
unfortunately died during the course of this litigation (and
prior to any deposition) and therefore cannot testify at any
trial. Plaintiff nonetheless argues that the EEOC charge meets
the requisite guarantees of trustworthiness to be admitted under
the residual exception to the hearsay rule, see Fed.R. Evid.
807, and that the EEOC investigator's notes are admissible as
factual findings resulting from an investigation authorized by
law, see Fed.R. Evid. 803(8)(C). As explained below, the Court
agrees with Senator that the EEOC charge and notes of the
interview with Stolarczyk constitute inadmissible hearsay that is
not properly considered in the summary judgment analysis, given
the fact that Ms. Stolarczyk would be unavailable as a witness at
trial and was never deposed in this case.
1. The EEOC Investigator's Notes
Plaintiff argues that the EEOC investigator's handwritten notes concerning
Ms. Stolarczyk's statements are admissible as substantive evidence pursuant
to Federal Rule of Evidence 803(8)(C). (See D.E. 38 at 5-6.) This argument
is respectfully rejected. Rule 803(8)(C) excepts from the general hearsay bar "[r]ecords,
reports, statements, or data compilations, in any form, of public
offices or agencies, setting forth . . . in civil actions and
proceedings . . . factual findings resulting from an
investigation made pursuant to authority granted by law, unless
the sources of information or other circumstances indicate lack
of trustworthiness."
To begin, it is clear from a review of the proffered
investigator's notes that they cannot fairly be characterized as
"factual findings" resulting from an investigation made pursuant
to authority granted by law. Instead, a review of the notes
(see D.E. 33, Ex. 4) makes clear that they are instead
selective portions of notes concerning statements made by Ms.
Stolarczyk during an interview with an EEOC investigator. (See,
e.g., D.E. 33, Ex. Akbar Aff. (affidavit of EEOC investigator
stating that "I interviewed Rebecca Stolarczyk and compiled
handwritten notes documenting the contents of the interview and
what was said to me by her. My notes are attached hereto. . . .").)
Indeed, Plaintiff refers to the notes as the "EEOC interview with
Rebecca Stolarczyk." (E.g., D.E. 33 at 2.)
Caselaw teaches, however, that hearsay statements are not
exempted from the hearsay bar simply because they were related to
a government officer or investigator. Thus, In re Air Crash
Disaster at Stapleton Int'l Airport, Denver, Colorado,
720 F. Supp. 1493 (D. Col. 1989) (Finesilver, C.J.), taught that while
"[g]overnment accident investigation reports are generally
admissible under the public records exception [of Rule 803(8)] . . .
portions of those reports or exhibits may present other hearsay problems."
Id. at 1497 (citation omitted). "Evidence reported in a government document
is only admissible to the extent that the maker of [the] document could
testify to that evidence were he present in court." Id. (citing Denny v.
Hutchinson Sales Corp., 649 F.2d 816, 821 (10th Cir. 1981)); accord Frazier v.
Ind. Dept. of Labor, No. IP01-0198-C-T/G, 2003 WL 21254424, at
*4 (S.D. Ind. Mar. 17, 2003) (excluding numerous proffered
matters from an EEOC file, including the EEOC charges and
position statements of the complainants, on grounds of, inter
alia, the general hearsay prohibition and Rule 403) (citing
Tulloss v. Near N. Montessori Sch., 776 F.2d 150, 154 (7th Cir.
1985)); Lewis v. Velez, 149 F.R.D. 474, 487 (S.D.N.Y. 1993)
(noting that "Rule 803(8) does not circumvent the hearsay rule"
and noting that "[t]his principle excludes much of the Bryan
Report [concerning a prison incident], which is comprised largely
of hearsay statements from correction officers involved in the . . .
incident."); Budden v. United States, 748 F. Supp. 1374,
1377-78 (D. Neb. 1990) (stating that "[e]vidence reported in a
government document is only admissible to the extent that the
maker of the document could testify to that evidence were he or
she present in court," and accordingly "disregard[ing]" "the
reported statements" of numerous witnesses).*fn1
These cases are consistent with Fed.R. Evid. 805, which
requires that hearsay within hearsay may be admitted only if
there is an exception for each "layer" of hearsay. See
Fed.R.Evid. 805. Plaintiff has not offered any exception for the
statements made by Stolarczyk contained in the EEOC notes which
are the statements upon which Plaintiff would rely for their
truth to support Plaintiff's statements of fact and denials.
Although the Court is sympathetic to the Plaintiff in that Ms.
Stolarczyk has unfortunately died, if the EEOC investigator were
called as a witness at trial, the Court could not allow that
individual to relate rank hearsay in the form of out-of-court
statements made by an interested party and in reasonable
anticipation of ensuing litigation. As the Seventh Circuit has noted, "the EEOC file is a
`mish-mash of self-serving and hearsay statements and records; . . .
justice requires that the testimony of witnesses be given in
open court, under oath, and subject to cross-examination."
Tulloss, 776 F.2d at 154 (internal quotation marks and citation
omitted). The Court would follow the Seventh Circuit's admonition
at any trial and exclude the hearsay, as nothing in the
Plaintiff's invocation of Rule 803(8) would allow for the
admission of the proffered out-of-court interview statements by
Ms. Stolarczyk to the EEOC investigator.*fn2
None of the three cases cited by Plaintiff alters the analysis
above. Chandler v. Roudebush, 425 U.S. 840 (1976) (cited by
Plaintiff in D.E. 33 at 5), simply noted in a footnote that prior
"administrative findings" concerning employment discrimination
cases involving federal employees could be admitted at trial.
Id. at 864 n. 39. But, as explained above, the interview notes
that Plaintiff proffers are not "administrative findings," they
are just shorthand notes of statements that Ms. Stolarczyk made
before her death, offered for the truth of those out-of-court
assertions. Similarly, Beech Aircraft v. Rainey, 488 U.S. 153
(1988), addressed the question of whether Rule 803(8)(C)'s
exception to the hearsay prohibition "for public investigatory
reports containing `factual findings,' extends to conclusions and
opinions contained in such reports." Id. at 156. Again, the
proffered interview notes are not public investigatory reports,
nor do they contain "factual findings." Finally, to the extent
Plaintiff offers Young v. James Green Mgmt. Inc., 327 F.3d 616 (7th Cir. 2003),*fn3
that case affirmed the exclusion at trial of administrative
findings of discrimination by the EEOC. Id. at 624. In this
case, Plaintiff has not offered such findings, but rather has
offered hearsay notes of out-of-court statements by Ms.
Stolarczyk. In addition, the appellants in that case did not even
challenge the district court's decision (mirrored by this Court
here) not to admit the contents of the EEOC file. See id. at
624 & n. 5 (noting that the appellants did not even challenge the
district court's decision to exclude raw evidence from the EEOC
files, based on the "`general unreliability of these files in
general.'") (quoting district court).
For the reasons stated above, the interview notes of
out-of-court statements made by Ms. Stolarczyk will not be
considered in this summary judgment proceeding.
2. Ms. Stolarczyk's EEOC Charge
Plaintiff also seeks to rely on Ms. Stolarczyk's EEOC charge
that she submitted when initiating the EEOC proceedings.
Plaintiff contends that this EEOC charge should be exempted from
the general prohibition against hearsay evidence under
Fed.R.Evid. 807, the residual exception to the hearsay bar.*fn4
If a statement not covered by the hearsay exceptions in Rules
803 or 804 has "equivalent circumstantial guarantees of trustworthiness," Rule 807 allows a
court to admit the statement if it determines "(A) the statement
is offered as evidence of material fact; (B) the statement is
more probative on the point for which it is offered than any
other evidence which the proponent can procure through reasonable
efforts; and (C) the general purposes of these rules and the
interests of justice will best be served by admission of the
statement into evidence." Fed.R. Evid. 807. Precedent teaches
that "`[o]ut-of-court statements are generally inadmissible
because they are presumed to be unreliable.'" United States v.
Hall, 165 F.3d 1095, 1110 (7th Cir. 1995) (quoting United
States v. Hooks, 848 F.2d 785, 796 (7th Cir. 1988)) (emphasis
added; analyzing former Rules 803(24) and 804(b)(5)). "Thus, the
party wishing to introduce hearsay evidence must rebut the
presumption of unreliability by appropriate proof of
`trustworthiness.'" Id. (internal quotation omitted). In
addition to the presumption of unreliability afforded to hearsay
statements, Plaintiff also faces the Seventh Circuit's repeated
"emphasis on narrowly construing the residual provision,"
Akrabawi v. Carnes Co., 152 F.3d 688, 697 (7th Cir. 1998)
(citing United States v. Sinclair, 74 F.3d 753, 759 (7th Cir.
1996)), and the Seventh Circuit's teaching that such narrow
construction is appropriate to prevent the residual exception
"from becoming the exception that swallows the hearsay rule."
Id. (citing Sinclair, 74 F.3d at 759); accord, e.g., NLRB v.
United Sanitation Serv., Div. of Sanitas Serv. Corp.,
737 F.2d 936, 941 (11th Cir. 1984) ("[U]nless application of [the
predecessor to Rule 807] be limited to circumstances evidencing a
clear basis of trustworthiness, exceptions to the rule against
hearsay could swallow the rule.") (internal quotation omitted)).
In determining whether a statement is sufficiently reliable to
qualify under the residual exception to the general hearsay
prohibition, a court "should examine, among other factors: (1) `the probable motivation of the declarant in making the
statement;' (2) `the circumstances under which it was made;' and
(3) `the knowledge and qualifications of the declarant.'" Hall,
165 F.3d at 1110 (quoting Cook v. Hoppin, 783 F.2d 684, 690-91
(7th Cir. 1986)). The Court also may appropriately consider, when
exercising its informed discretion concerning admissibility, any
other circumstances concerning the statement; no particular
criterion is a necessary prerequisite. See id. at 1111
(discussing various possible other factors, including the
character of the declarant for truthfulness and honesty, and
whether the hearsay statement is corroborated).
After considering the statements in the EEOC charge, the Court
respectfully declines the invitation to admit them under the
residual hearsay exception. As stated before, these statements
are presumed to be inadmissible. Precedent teaches that courts
typically should not admit documents made in anticipation of
litigation as they "lack sufficient guarantees of trustworthiness
to be excerpted from the hearsay rule." Moffett v. McCauley,
724 F.2d 581, 584 n. 1 (7th Cir. 1984) (citing Palmer v.
Hoffman, 318 U.S. 109, 111 (1943)) (considering former Rule
803(24)); see also U.S. v. Blackburn, 992 F.2d 666, 670 (7th
Cir. 1993) ("[W]e adhere to the well-established rule that
documents made in anticipation of litigation are inadmissible
under the business records exception [to the general hearsay
prohibition]."). The statements contained in the documents are
favorable to Stolarczyk and to her alone, and she had substantial
motivation, with all respect, to embellish, as she clearly
appreciated that she was laying out her litigation position. To
be sure, as Plaintiff highlights, the statements were given under
a penalty of perjury, but Ms. Stolarczyk was never subject to
cross-examination by anyone concerning the statements and there
is nothing inherently trustworthy about the statements (indeed,
precedent instructs that, based on the context they were made in
anticipation of potential litigation, the presumption is in favor of untrustworthiness). In sum, although
at least some of the factors identified in precedent support
potential admissibility (e.g., the statements were made under
oath, the testimony concerns a subject within the hearsay
declarant's personal knowledge, the hearsay declarant never
recanted her testimony), there are also substantial factors
weighing against admissibility (e.g., the witness was never
subject to cross-examination, the hearsay declarant was an
interested party, the statements were made in anticipation of
potential litigation). Under the circumstances, the ordinary
presumption in Seventh Circuit precedent against admission of
hearsay statements under the residual exception controls. Or, put
differently, Plaintiff has failed to rebut the applicable
presumption of inadmissibility.
Plaintiff relies heavily on the fact that, given Stolarczyk's
death after the instigation of the lawsuit, she is unavailable to
testify as to the statements in the EEOC documents. While the
Court agrees with Plaintiff that the EEOC documents constitute
the only evidence available that gives Stolarczyk's version of
events, they are not the only evidence available as to the events
surrounding the end of her employment with Senator. (See, e.g.,
D.E. 27 (Sedor Aff.).) Thus, the "clear necessity" which
Plaintiff argues (D.E. 37 at 3) is only necessary given that the
other evidence offered concerning the same events does not
corroborate or support Stolarczyk's litigation position.
Additionally, a witness's death is not enough to justify
discarding the trustworthiness requirement of the residual
hearsay exception. See, e.g., United Sanitation Serv.,
737 F.2d at 940-41 (reversing ALJ's decision to admit dead witness's
self-serving affidavit because no "clear basis of
trustworthiness" found). Indeed, Congress has specifically
delineated circumstances for admission of evidence where a
declarant is unavailable, see Fed.R. Evid. 803, so
Stolarczyk's death cannot, alone, justify the use of hearsay
evidence. In this regard, the Court notes that the issue of a deceased
witness is one that the law has addressed for many years. It is
not irrelevant that the "dying declaration" exception to the
hearsay rule for the statements of a deceased witness made
while under an apprehension of impeding death has long been
understood to be a relatively narrow one. See, e.g., Carver v.
United States, 164 U.S. 694, 697 (1897) ("Dying declarations are
a marked exception to the general rule that hearsay testimony is
not admissible, and are received from the necessities of the
case, and to prevent an entire failure of justice, as it
frequently happens that no other witnesses to the homicide are
present. . . . They are received only when the court is satisfied
that the witness was fully aware of the fact that his recovery
was impossible, and in this particular requirement the law is
very stringent."); accord, e.g., Pfeil v. Rogers 757 F.2d 850,
860-61 (7th Cir. 1985) (excluding out-of-court statements of
deceased witness related in affidavit where statements did not
qualify as dying declarations). While the Court is not
unsympathetic to the fact that Ms. Stolarczyk unfortunately has
died, the rules of evidence have been created over many years and
they, at least on balance, are generally seen as an essential
part of the truth-finding process. Under the circumstances
presented, the EEOC charge shall not be considered.*fn5
3. The Anastasia O'Donnell Undisclosed Witness Issue
Senator also objects to Plaintiff's statements of fact
supported only by the affidavit testimony of Anastasia O'Donnell.
Senator asserts that O'Donnell was not disclosed as a potential
witness under Federal Rule of Civil Procedure 26(a).
Federal Rule of Civil Procedure 37(c)(1) states, "A party that
without substantial justification fails to disclose information required by Rule
26(a) or 26(e)(1) . . . is not, unless such failure is harmless,
permitted to use as evidence at a trial, at a hearing, or on a
motion any witness or information not so disclosed." The
following factors guide the Court's decision whether to exclude
evidence pursuant to Rule 27(c): "(1) the prejudice or surprise
to the party against whom the evidence is offered; (2) the
ability of the party to cure the prejudice; (3) the likelihood of
disruption to the trial; and (4) the bad faith or willfulness
involved in not disclosing the evidence at an earlier date."
David v. Caterpillar, 324 F.3d 851, 857 (7th Cir. 2003)
(citing, inter alia, Bronk v. Ineichen, 54 F.3d 425, 428 (7th
Cir. 1995)). In particular, harmlessness may be proved by a
showing that a witness was disclosed during discovery. Weiland
v. Linear Const., Ltd., No. 00-6172, 2002 WL 31307622, at *2
(N.D. Ill. Oct. 15, 2002). Plaintiff offers deposition testimony
from Lester Stolarczyk in which Anastasia O'Donnell was
identified as (1) Stolarczyk's daughter who (2) attended doctor's
appointments with her. (See D.E. 39, Ex. C at 12, 17, 23, 39.)
Defendant thus had notice that O'Donnell may have had information
relevant to the case, and the Court declines to exclude her
affidavit under Rule 39 because the failure to disclose O'Donnell
in Plaintiff's Rule 26 disclosures was harmless.
B. Facts*fn6
Senator is in the business of transporting freight
internationally by air or water. (Def. SF ¶ 3.) Stolarczyk was
employed by Senator at its Mt. Prospect, Illinois, facility from
May 15, 2002, until October 24, 2002. (Id. ¶ 4.) Karen Sedor, Senator's
District Manager for its Chicago and Detroit area facilities,
hired Stolarczyk to work for Senator as an ocean export
coordinator and supervised her during her employment. (Id. ¶¶
7, 8, 11.) Stolarczyk's duties were to book ocean freight, to
receive phone calls relating thereto, to give quotes relating
thereto, and to do the documentation required for ocean freight
movement. (Id. ¶ 9.) It is undisputed that Stolarczyk's regular
attendance was a central and critical part of her position.
(Id. ¶ 10; Pl. Resp to SF ¶ 10 (admitting fact).)
Sedor first noticed that Stolarczyk was ill in late September
and October 2002 because Stolarczyk was turning yellow. (Def. SF
¶ 12). Between late September and October 14, 2002, Stolarczyk
took at least portions of occasional days off work to see a
doctor with regard to her jaundice and discomfort. (Id. ¶ 12;
Pl. Resp. to SF ¶ 12.) On or just prior to October 14, 2002,
Stolarczyk told Sedor that she was not feeling well and did not
feel up to continuing to work.*fn7 (Def. SF ¶ 14.) The last
day Stolarczyk came to work to perform her job was October 14,
2002, and she never performed work for Senator after that
date.*fn8 (Id. ¶¶ 15, 16.) On or about October 21, 2002, Sedor was advised by another Senator employee that
Stolarczyk had been diagnosed with cancer. (Id. ¶ 18.)
Plaintiff does not dispute that as of October 24, 2002,
Stolarczyk knew that surgery was scheduled for her on or about
November 8, 2002, and that she could not thereafter return to
work before the end of January 2003. (Def. SF ¶ 19; Pl. Resp. to
SF ¶ 19 (admitting fact).) On October 24, Stolarczyk came to
Sedor's office without prior notice and told Sedor that (1) she
had cancer and could not work; (2) she would have surgery in
early November and then would be treated with chemotherapy and
radiation; (3) she would be unable to work prior to the end of
January 2003 when her doctor hoped that she would finish her
treatment, but she did not know if she would be able to return to
work at that time because her doctor had told her the treatment
tended to make people ill for awhile thereafter; (4) she realized
Sedor could not hold her job open for her under the circumstances
and did not expect Sedor to do so; and (5) she hoped that she
could get her job back if it happened to be open when she got
better.*fn9 (Def. SF ¶ 20; P1. SAF ¶ 9.) Stolarczyk did not
request a medical disability leave of absence during that meeting
with Sedor or at any other time.*fn10 (Def. SF ¶ 21.) At the end
of the meeting, Sedor told Stolarczyk that she should inform
Sedor when she was well enough to return because Senator would do
whatever it could for her. (Id.) Sedor did not terminate
Stolarczyk.*fn11 (Id. ¶ 23.) Sedor considered Stolarczyk
to have voluntarily resigned her employment with
Senator.*fn12 (Id. ¶ 22.)
Sedor called Stolarczyk at home later on October 24, 2002, to
tell her that Senator was going to continue to pay for her
medical insurance until February 2003, and, at Stolarczyk's
request, gave written confirmation of this to her on October 28,
2002. (Def. SF ¶ 24.) Senator continued to pay Stolarczyk's
medical insurance until August 2003. (Id. ¶ 25.)
Stolarczyk was at her doctor's office or at the hospital on
October 15, 17, 18, 19, and 23, 2002. (Def. SF ¶ 17.) After her
meeting with Sedor, she was at her doctor's office or at the
hospital on October 25 and 30 and November 4 and 6, 2002, before
her surgery on November 8, 2002. (Id. ¶ 26.) Stolarczyk was
treated with chemotherapy and radiation after her surgery, which treatment ended in February 2003. (Id. ¶¶ 28, 29.)
Stolarczyk's physician did not release Stolarczyk to work until
March 2003. (Id. ¶ 30.) Sedor called Stolarczyk in mid-March
2003, and was told by Stolarczyk that she was not feeling well
enough to return to work. (Id. ¶ 31.) Stolarczyk never informed
Sedor that she was well enough to return to work.*fn13
(Id. ¶ 32.) The time off work required by Stolarczyk to undergo
her surgery and follow-up treatment exceeded two months. (Id. ¶
33.) In fact, Stolarczyk was unavailable to work from mid-October
2002 until at least mid-March 2003.*fn14 (Id. ¶ 34.)
Stolarczyk filed a charge with the EEOC on April 4, 2003,
alleging that she had been discriminated against on the basis of
her disability when Senator allegedly terminated her and failed
to accommodate her disability. (Am. Compl., Ex. A.) The EEOC
issued her a right to sue letter on September 23, 2003 (id.,
Ex. C), and Stolarczyk filed her original complaint some ten
weeks later on December 2, 2003 (D.E. 1). In the amended
complaint filed after Stolarczyk's death, Plaintiff alleges that
Senator violated Stolarczyk's rights under the ADA by terminating
her because she had cancer and by failing to accommodate her need
for time off work to undergo surgery and treatment. (Am. Compl.
¶¶ 22-29.) II. Summary Judgment Standard
Summary judgment is proper where "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). In
determining whether there is a genuine issue of fact, the court
"must construe the facts and draw all reasonable inferences in
the light most favorable to the nonmoving party." Foley v. City
of Lafayette, 359 F.3d 925, 928 (7th Cir. 2004). To avoid
summary judgment, the opposing party must go beyond the pleadings
and "set forth specific facts showing that there is a genuine
issue for trial." Anderson v. Liberty Lobby, Inc.,
477 U.S. 242, 250 (1986). Summary judgment is proper against "a party who
fails to make a showing sufficient to establish the existence of
an element essential to that party's case, and on which that
party will bear the burden of proof at trial." Celotex Corp. v.
Catrett, 477 U.S. 317, 322 (1986).
III. Discussion
Plaintiff alleges that Stolarczyk was unlawfully discharged
because of her disability and that Senator failed to make
reasonable accommodations to her known disability. Section
12112(a) of the ADA prohibits, among other things, discrimination
"against a qualified individual with a disability because of the
disability of such individual in regard to . . . the discharge of
employees." 42 U.S.C. § 12112(a); accord Buie v. Quad/Graphics,
Inc., 366 F.3d 496, 502 (7th Cir. 2004). It is also unlawful
under the ADA for an employer to fail to make reasonable
accommodations to the known physical or mental disabilities of an
otherwise qualified individual with a disability.
42 U.S.C. § 12112(b)(5)(A); accord Green v. Nat'l Steel Corp., Midwest
Div., 197 F.3d 894, 897 (7th Cir. 1999). Section 12111(8)
defines a "qualified individual with a disability" as "an individual with a disability
who, with or without reasonable accommodation, can perform the
essential functions of the employment position that such
individual holds or desires." 42 U.S.C. § 12111(8); accord
Ammons v. Aramark Unif. Servs., Inc., 368 F.3d 809, 818 (7th
Cir. 2004). Section 12102(2) defines a disability, in relevant
part, as "(A) a physical or mental impairment that substantially
limits one or more of the major life activities of such
individual; (B) a record of such an impairment; or (C) being
regarded as having such an impairment." 42 U.S.C. § 12102(2).
To make out a prima facie case of discrimination under the
ADA, Plaintiff must show that (1) Stolarczyk is disabled within
the meaning of the ADA, (2) she was qualified to perform her
essential job functions either with or without a reasonable
accommodation, and (3) she suffered from an adverse employment
action because of her disability. Dvorak v. Mostardi Platt
Assocs., Inc., 289 F.3d 479, 483 (7th Cir. 2002) (citing Bekker
v. Humana Health Plan, Inc., 229 F.3d 662, 669-70 (7th Cir.
2000)). The burden is on a plaintiff to show that the plaintiff
can meet these requirements. See Feldman v. Am. Mem'l Life Ins.
Co., 196 F.3d 783, 789-90 (7th Cir. 1999).
A. Plaintiff Has Failed to Adduce Evidence that Stolarczyk Was
Based on the admissible record evidence in the case, summary
judgment is warranted on the ground that Plaintiff has failed to
adduce evidence that Stolarczyk suffered from an adverse
employment action. The only evidence Plaintiff offered to support
the contention that Stolarczyk was terminated by Senator, as
opposed to not being discharged by Senator or Sedor, (see Def.
SF ¶¶ 22, 23), are the excluded hearsay statements in
Stolarczyk's EEOC charge and the statements that Stolarczyk
apparently made to the EEOC investigator, as reflected in the
notes of those conversations (see Pl. SAF ¶¶ 1, 2). In contrast, the
admissible record evidence establishes that Ms. Stolarczyk went
to the office of Ms. Sedor without prior notice in late October
2002 and informed Sedor that Stolarczyk had cancer and would be
unable to work prior to at least the end of January 2003; at the
meeting, Stolarczyk also stated that she realized Sedor could not
hold her job open for her under the circumstances and did not
expect Sedor to do so. (Def. SF ¶ 20; Pl. SAF ¶ 9.) Ms. Sedor did
not discharge Ms. Stolarczyk (Id. ¶ 23), and Sedor considered
Ms. Stolarczyk to have voluntarily resigned. (Id. ¶ 22). Ms.
Stolarczyk thereafter was unable to work until mid-March 2003, at
the earliest. (Def. SF ¶¶ 31, 34.)
Put simply, nothing in the admissible record evidence supports
the idea of an involuntary termination as opposed to a voluntary
resignation. Precedent establishes that a voluntary decision to
cease employment is not an adverse employment action. See Bean
v. Wisc. Bell, Inc., 366 F.3d 451, 453 (7th Cir. 2004) ("[I]f
she resigned, what is the adverse employment action of which she
is complaining?"); Simpson v. Borg-Warner Automotive, Inc.,
196 F.3d 873, 876 (7th Cir. 1999) (voluntary demotion not adverse
employment action).
Plaintiff also has not argued for, nor put forward evidence
that would support a finding of, an adverse employment action
under a theory of constructive discharge. See, e.g., Bean,
366 F.3d at 454 ("[C]onstructive discharge, refers to the situation
in which an employer precipitates an employee's resignation by
making the employee's working conditions unbearable.")
(collecting cases); Simpson, 196 F.3d at 877 (establishing
constructive discharge requires a showing that (1) working
conditions "were so intolerable that a reasonable person would
have been compelled to resign," and (2) the conditions were
intolerable because of unlawful discrimination). Because
Plaintiff has failed to satisfy Plaintiff's burden of adducing
evidence that Stolarczyk suffered from an adverse employment action,
summary judgment is proper.
B. Stolarczyk Was Not a "Qualified Individual With a
Even if Plaintiff had discharged the burden of providing
admissible evidence of an adverse job action, summary judgment is
proper for the independent reason that Stolarczyk was not a
"qualified individual with a disability." To make this
determination, the Court must see whether she was "qualified to
perform the essential functions of the job either with or without
reasonable accommodation." Dvorak, 289 F.3d at 483. This is the
second prong of a prima facie case. See id. The determination
as to whether the individual is a "qualified individual with a
disability" must be made at the time of the putative adverse
employment decision. Weiler v. Household Fin. Corp.,
101 F.3d 519, 524 (7th Cir. 1996) (citation omitted); Sutton v. Potter,
No. 02 C 2702, 2004 WL 603477, at *7 (N.D. Ill. March 22, 2004)
(Leinenweber, J.) (citing Nowak v. St. Rita High Sch.,
142 F.3d 999, 1003 (7th Cir. 1998)).
Senator relies on Byrne v. Avon Products, Inc., 328 F.3d 379
(7th Cir. 2003), for the proposition that an inability to work
for an extended period of time (in that case, two months) means
that a litigant cannot perform the job's essential functions and
thus is not "qualified" within the meaning of the ADA. Id. at
381. In this regard, the Seventh Circuit has repeatedly found
that plaintiffs with lengthy absences do not qualify for
protection under the ADA because they cannot perform the
essential functions of their jobs. See Jovanovic v.
In-Sink-Erator Div. of Emerson Elec. Co., 201 F.3d 894, 899-00
(7th Cir. 2000) (plaintiff could not perform essential function
of regular and timely attendance where he missed 24 days in
twelve months); id. ("Common sense dictates that regular
attendance is usually an essential function in most every
employment setting; if one is not present, he is usually unable
to perform his job."); accord, e.g., Byrne, 328 F.3d at 381; Amadio v. Ford Motor Co.
238 F.3d 919, 927-28 (7th Cir. 2001). According to precedent, this type of
request to an employer is not a "reasonable accommodation"
because the "sort of accommodation contemplated by the ADA is one
that will allow the person to `perform the essential functions of
the employment position.'" Id., 328 F.3d at 381 (quoting
42 U.S.C. § 12111(8)). While a certain amount of "time off may be an
apt accommodation for intermittent conditions," the Seventh
Circuit held in Byrne that an "[i]nability to work for a
multi-month period removes a person from the class protected by
the ADA." Id.
Here, Stolarczyk worked her last day on October 14, 2002. (Def.
SF ¶¶ 15, 16.) She informed Sedor on October 24, 2002, that she
would be out until at least the end of January 2003. (Def. SF ¶
20.) Thus, the evidence before the Court demonstrates that on the
date Stolarczyk met with Sedor (assuming for the purposes of this
discussion that she was terminated), October 24, 2002, Senator
was faced with an employee who would be out of work for some
two-and-a-half to three-and-a-half months (mid-October to
sometime in January). Given that Plaintiff does not dispute that
attendance was a "central and critical aspect" of Stolarczyk's
position (Pl. Resp. to SF ¶ 10), the Court finds that, under the
applicable precedent, an imminent absence of this length takes
Stolarczyk out of the realm of protection of the ADA.*fn15
Because Plaintiff has failed to establish that Stolarczyk was qualified to perform her essential
job functions either with or without a reasonable accommodation,
Plaintiff has failed to make out a prima facie case of
discrimination, and summary judgment would be independently
warranted on such basis.
C. Senator Did Not Fail to Reasonably Accommodate Stolarczyk's
Plaintiff's claim that Senator failed to reasonably accommodate
Stolarczyk's disability does not survive summary judgment. As
discussed, supra, precedent teaches that a multi-month leave is
not a reasonable accommodation under the ADA. Compare Byrne,
328 F.3d at 381 (leave of more than two months not reasonable)
with Haschmann v. Time Warner Entm't Co., L.P., 151 F.3d 591,
601 (7th Cir. 1998) (two to four week leave reasonable).
Plaintiff has adduced no admissible evidence that Stolarczyk
requested any accommodation, much less anything other than a
multi-month leave. Indeed, unfortunately, it is hard to imagine
what possible accommodation could have been given to Ms.
Stolarczyk, given that it is undisputed that regular attendance
was "a central and critical aspect of her position" (D.E. 32 (Pl.
Resp. to SF) ¶ 10) and further undisputed that she was unable to
work until mid-March 2003, at the earliest. (Def. SF ¶¶ 31, 34.)
Accord Kemerly v. Bi-County Servs., Inc., No. 1:00-CV-254, 2003
WL 22595802, at *14 n. 22 (N.D. Ind. Oct. 7, 2003). Senator, of
course, was free to keep her position open if it chose, but, as
explained above, the ADA does not mandate such a step. Thus,
summary judgment is proper on Plaintiff's claim that Senator
failed to offer Stolarczyk a reasonable accommodation. IV. Conclusion
For the reasons stated above, Senator's motion for summary
judgment (D.E. 27) is granted.
So ordered.
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Country Corner Farm Market & Pumpkin Patch
Farm, Fresh, Fun! Explore acres of pumpkins, a giant interactive adventure corn maze, farm-fresh produce, a petting zoo, craft barn, tree house and playground. Hayrack and pony rides, Mine for gems, ride the famous cow train. Special event weekends and concessions are also offered.U-pick pumpkins, interactive adventure corn maze and flashlight maze available in the month of October. Ample parking and a nominal charge for activities.
Cruise the highway; treat Mom to the sights and sounds of Henry County's Thrifty on 150 from Route 6 in Coal Valley to Galesburg. It's a day to shop for deals at the many antique, plant and yard sales. Make a stop in Alpha to visit the car show and the plant sale at Gazebo Park.
Olde England comes alive in Historic Downtown Antioch with lifelike figures representing scenes from the Dickens Era. The Dickens Holiday Village is back and the handcrafted Dickens characters made by our volunteer artists will bring a Public Art Program that is free for everyone to enjoy! Antioch will proudly displayed 45 Dickens characters for people to tour. Each character has a plaque describing the scene and also serves as an educational tool for students. Take a self-guided tour with one of our Dickens Walking Brochure Maps or reserve a tour guide for groups of 24 or more. Plus there is plenty of Dickens Fun for everyone in November and December. You may enjoy Dickens Teas, an Antioch "Oliver" dog afternoon, Dress like Dickens event, and much more.
Holiday Shopping at Chicago Premium Outlets
Chicago Premium Outlets is the largest outlet center in the Chicago market and ninth largest outdoor outlet mall in North America. With more than 140 designer and top brand-name outlets, the newly-expanded Chicago Premium Outlets® is being pegged by many as the market's must-shop destination this holiday season. Holiday shoppers at Chicago Premium Outlets will find seasonal delights at every turn, like cozy warming lounges serving complimentary hot cocoa on select days and look for Santa to be strolling the promenades handing out goodies to children. Weekend Shopper Shuttle service from Union Station to Chicago Premium Outlets available. (Check their web site for more details.)
The holiday festivities in Bishop Hill begin with Julmarknad, or Christmas Market. This event is based on Scandinavian customs dating back to the Middle Ages when farmers and artisans would gather in the village squares to sell their wares. Bishop Hill businesses will be offering unique gifts, handmade wares, antiques, quilts, collectibles, baked goods, delicious foods, and Swedish imports. Businesses will be open from 10-5pm. Scandinavian foods such as herring, lutfisk, and rye bread are also in abundance. Select from a large array of delicious holiday cookies, homemade by community bakers on Friday and Saturday.
CITY:Bishop Hill
Country Antique Market, Bishop Hill
Join in the gathering of 60 exceptional proprietors showing and selling their wares on the Colony School lawn. Look and peruse through a vast variety of hard to find specialty collectibles and antiques from early country, primitives, folk art, pottery and textiles. This market is the the place you are longing to explore. 9 a.m. to 3 p.m., $5
CITY:Bishop Hill
Bishop Hill Clay and Fiber Fest
Interact with skilled potters and a variety of fiber artists during this two day event. Artists are featured in an indoor/outdoor classroom at Bishop Hill's Prairie Arts Center. Potters of all levels will demonstrate wheel throwing and hand building techniques, the Native American art of horse hair pottery, pit and raku firing processes and more. Learn weaving, spinning, rug hooking and broom making. Make and take activities will be conducted both days. Local musicians will entertain you with their diverse musical style in the village park Saturday afternoon, and an old-fashioned pie and ice cream social will be held there, too. Saturday evening, a soup supper takes place in the Bishop Hill Colony School. For $10, attendees can pick out a hand-thrown bowl, fill it with homemade soup, and take the bowl home afterward.
CITY:Bishop Hill
This celebration welcomes spring with businesses serving treats and refreshments. We invite you to experience Bishop Hill renewed. Spring has arrived in Bishop Hill with special exhibits, shops open with fresh ideas. Refreshments are served in many of the shops and museums. See you soon!
CITY:Bishop Hill
The annual quilt show is like a needle and thread as it joins together family members and friends to create something memorable. This event continues to grow and over 100 quilts and quilted pieces are entered in this judged show at the Colony School. Be sure to visit the Village Smithy and VagnHall Galleri to see additional quilts on display.
CITY:Bishop Hill
Southern Illinois Hunting and Fishing Days
The 26th Annual Southern Illinois Hunting and Fishing Days will be held at John A Logan College. It is the largest celebration of Hunting and Fishing Day in the country. This 200+ vendor show offers something for the whole family. Bass Fishing and Crappie seminars, catfish contest, Goose calling contests, Dock Dogs competitions, retriever demonstrations and a kids fishing hole are just a few of the activities throughout the weekend.
The Christkindlmarket is a four-week, open-air market modeled after the famous Nuremberg Christmas market dating back to 1545. The market offers shopping opportunities and serves as a winter wonderland meeting place for family and friends. Plus, enjoy German delicacies like brats, goulash and potato pancakes while you're there.
The Chicago Flower & Garden Show brings springtime to winter with its 20 lush gardens, beautiful and fragrant flowers, trees and other plants allowing "newbie" gardeners and experts alike to experience the latest the industry has to offer. Top garden builders create fresh designs, while nationally-known presenters teach visitors how to get that professional garden look. It's all happening at the Chicago Flower & Garden Show. Be among the first to see new plant varieties for 2017 and experience the newly-redesigned Navy Pier. Enjoy art, free kids activities, wine tastings, cooking demos from noted chefs, and a shopper's paradise of garden gadgets, jewelry, and more. Special rates available for groups.
Are you a procrastinator when it comes to holiday shopping? Are you at your most productive when the stress of a quickly approaching holiday is giving you a little extra motivation? Then join us for our second night of Late Night Andersonville, just a little "late-er" than usual. On Friday, December 16 from 6-10pm, take advantage of 4 more hours of the same discounts from Late Night Andersonville, plus once again enjoy free entertainment, refreshments, and pictures with Santa.
Join us for an afternoon of wedding bliss. We will have a variety of vendors to help in the planning of your special day. Admission is free. Sample a variety of foods, enjoy a drink from the cash bar and have the chance to win a variety of prizes/wedding discounts. You don't want to miss this!
Shop, Sip Socialize Spring Shopping Event
Come Sip, Shop, & Socialize in Downtown DeKalb. Enjoy the spring weather in Downtown DeKalb where stores will be offering Sidewalk sales and new inventory! Shops feature chalk paints, unique finds, antiques and more.
Join us in Effingham, IL for the Largest Corvette Party in the World! Corvette Funfest is 4 days full of Corvette FUN, with thousands of Corvettes flocking to Mid America Motorworks' corporate campus in Effingham, IL. Highlights include Celebrity Choice Awards, a Fall Swapfest swap meet, Expert Seminars, tons of Corvette Vendors, Special Display Corvettes, a Saturday night concert, and much more! For more information or to register, please check out our website: www.corvettefunfest.com
Visitors Center Holiday Gift Expo
Shop for unique local products during this special expo at the Freeport/Stephenson County Visitors Center. Over a hundred local vendors with products like goats milk soaps, lotions, handmade jewelry to Pretzel items to books to cards to rugs and mugs and so much more. The gifts are either produced in Stephenson County or highlight some aspect of local culture and history. Open: 8 am - 7 pm seven days a week.
Stroll down historic Main Street and watch the shop windows come to life with holiday cheer. This event includes the 2nd Annual Wedding in A Window.
Beta Sigma Phi Annual Craft Show
Find your unique treasure at Henry County's largest one day craft show for handcrafted gifts. Free parking. Hours: 9am to 3pm. Admission: $2 for ages 13 & over.
Geneseo Historic Shopping & Art District Spring Open House
Shake off the winter blues and shop historic State Street shops for spring items, dine at the local restaurants, enjoy a cup of coffee and fresh baked goods and have a day filled with Geneseo. Open 4:30 pm to 8 pm
Maple City Fine Art Exhibition
Area artists display their artwork at the Geneseo Art League and the Cellar Restaurant and compete for top honors during this exhibit.
Geneseo's spirit sparkles downtown with Christmas magic in the air. Each storefront window has family, friends and even animals depicting various scenes. Enjoy chestnuts roasting. Make memories for young and old. Join the Jingle Bell Run and other family activities during the afternoon and enjoy the lighted Christmas parade at 5PM. Watch for Santa. Hours: 8am to 9pm.
Beautiful art will be on display at the 9th Annual Grafton Art in the Park. Enjoy live music, food vendors, art activities, demonstrations and artists presenting their handmade art, fine art, paintings, photography, glass, jewelry and much more. Admission is free.
You won't want to miss this fabulous flea market on the river. There will be over 50+ dealers with all types of goods, antiques glassware, tools, candles, furniture and good old-fashioned junk! Join the fun the fourth weekend of every month from April through October in Grafton. For more information, call (800) 258-6645 or e-mail email@example.com.


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Doll House iPad App
If your Foreign Language program has access to iPads, here is an app you need to check out. It is free and is fantastic to use during your Casa unit. It's called Kids Doll House and it is made by … Continue reading
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- Most bookedParkside HotelTop-rated for WiFi
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Hotels within 3 miles of Hochst Farbwerke S-Bahn
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A Frankfurt travel guide – skyscrapers, rustic taverns and a wealth of museums
A Frankfurt city break takes visitors behind the city's glitzy skyline. Narrow streets wind past hal...


text: Smart Coasters Differentiate Iced Tea from HotMark Wilson10/01/08 4:20pmFiled to: DIYHot cold coastersCoastersSolar PanelsSolar23EditPromoteShare to KinjaToggle Conversation toolsGo to permalink We know that you probably don't need help figuring out if what you're drinking is hot or cold, but that only makes these Smart Coasters all the more endearing. Essentially a solar cell trapped in waterproof resin, cold drinks light up blue and hot drinks light up red. Full instructions to build your own can be found in The Hungry Scientist Handbook (which runs about $12 at Amazon). But for the less labor-inclined, sticking your finger into visitors' drinks has always been considered a fine gesture of hospitality. [Evil Mad Scientist Lab via boingboing]Gear from Kinja DealsBestsellers: Philips Wake-up Light HF3500Adorn Your Desk in Walnut and Leather with GrovemadeYou Need This 128gB Micro SD Card for $16 Even If You Don't Need The SpaceReply23 repliesLeave a reply


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Cruiser item created by Oldteach, May 20, 2013
The bobber conversion is complete.


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quiz homework mcq
Question;Review Test Submission: Quiz 3 3/12/14, 11:39 AM;H Review;Test Submission: Quiz 3;Week;3;Question 1 1;out of 1 points;Liquidity Ratios The top part of Mars, Inc.'s 2008 balance;sheet is listed below (in millions of dollars).;What are Mars, Inc.'s Current ratio, Quick ratio, and Cash;ratio for 2008?;Question 2 1;out of 1 points;Which one of the following is unlikely to have a high;capital intensity ratio?;Question 3 1;out of 1 points;A firm ended the year with an average collection period of;50 days. The firm's credit sales were $11 million. What is the firm's year-end;balance in accounts receivable?;Question 4 1;out of 1 points;Profitability Ratios PJ's Ice Cream Parlor has asked you to;help piece together financial information on the firm for the most current;year. Managers give you the following information: sales = $50 million, total;debt = $20 million, debt ratio = 50%, and ROE = 12%. Using this information;what is PJ's ROA?;Question 5 0;out of 1 points;Sustainable Growth Rate You have located the following;information on Tyler Company: debt ratio = 50%, capital intensity ratio = 1.5;times, profit margin = 9%, and dividend payout ratio = 40%. What is the;sustainable growth rate for Tyler?;Question 6 1;out of 1 points;This measures the number of days accounts receivable are;held before the firm collects cash from the sale.;Question 7 1;out of 1 points;Liquidity and Asset Management Ratios Green Products, Inc.;has current liabilities = $40 million, current ratio = 2.4 times, inventory;turnover ratio = 8 times, average collection period = 40 days, and sales = $320;million. What is the value of their cash and marketable securities?;Question 8 1;out of 1 points;Which ratio measures how many days inventory is held before;the final product is sold?;Question 9 1;out of 1 points;This ratio measures the number of dollars of sales produced;per dollar of inventory.;Question 10 1;out of 1 points;This refers to the amount of debt versus equity a firm has;on its balance sheet.;Question 11 1;out of 1 points;This ratio measures a firm's ability to pay of short-term;obligations without relying on inventory sales.;Question 12 1;out of 1 points;Market Value Ratios Fancy Paws' year-end price on its common;stock is $20. The firm has a profit margin of 12%, total assets of $20 million;a total asset turnover ratio of 0.5, no preferred stock, and there are 2;million shares of common stock outstanding. What is the PE ratio for Fancy;Paws?;Question 13 1;out of 1 points;The maximum growth rate that can be achieved financing asset;growth with new debt and retained earnings is called the __________.;Question 14 1;out of 1 points;To interpret financial ratios, managers, analysts, and;investors use the follow type of benchmarks;Question 15 1;out of 1 points;For publicly traded firms, these ratios measure what;investors think of the company's future performance and risk.
Paper#48242 | Written in 18-Jul-2015Price : $21


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Crafts ebooks
Reviewed by Mark on 2008-06-10
My Rate 5
Awesome Plans!
Leave a review and rating!
Title: Woodworking Plans
Author: Phil Barley
Welcome to The Barley Harvest.
Over the years I have created a number of woodworking projects, some of which have been published in Canadian Home Workshop Magazine.
All of these projects offer a variety of designs covering various levels of difficulty. All plans can be modified though, to suit your expertise and tool selection.
All projects have been built, tested and used. They range from practical furniture to wooden games.
Grandpa Adirondack or Muskoka Chair
Adirondack or Muskoka Chair
Folding Adirondack or Muskoka Chair
Child Size Adirondack or Muskoka Chairs
Adirondack 2-Way Footstool
Adirondack Table
Adirondack Settee Kit
Mission Folding Chair
Outdoor Harvest Table (picnic table)
Garden Gate Planter
Cold Frame
Trash & Recycle Bin
Pine Armoire
Mission Folding Chair
Shaker Hall Table
Wash Stand
Child's Step Stool
Wooden Pinball
Children's Bagatelle
Shaker Clock
Country clock
Rating: (5 after 1 votes)
Reviewed by Karen Gail DePratto on 2003-12-02
My Rate 4
I have been involved in scrapbooking since I was a teenager, Im now 51. Way before scrapbooking was really known. I combine my pen and ing, my painting, my writing skills, and other crafty imaginational skills. People say Im so talented. so, I will
Leave a review and rating!
Title: Complete Scrapbook Business Package
Complete Scrapbook Business Package
The complete scrapbook business package contains both of our popular scrapbooking business - Start your own Scrapbook Making for Others Business and Start your own Scrapbook Supply Business. You will find descriptions for both. And save money when you purchase both titles together, rather than individually.
In our popular Scrapbook Making for others, you will learn how to turn your love of making scrapbooks into a successful business. Start up an easy home-based business where you make scrapbooks for other people ~ and they pay you to do it!!!
This business is ideal for anyone who already makes scrapbooks ~ and most importantly, loves to do it~ why not get paid for doing what you love?
You will find all of the following in the first title of our complete scrapbooking business package, both exclusive... Click here to read the full description!
Rating: (4 after 1 votes)
Fun Craft Projects
Click here to see the long list of these ebooks
(priced for $3.95 or less).
Title: Fun Craft Projects
- A New Way to Use Old Snapshots
- Terra Cotta Birdbath
- Wedding Favor Creator Unique Wedding Favor Ideas
- Sunny Day Window Shelf
- Straw Hat Scarecrow Craft
- How to Make a Girl's Journal
- Milkweed Pod Poinsettia Ornaments
- Homemade Beaded Candles
- Holiday Gift Wrapping
- Handmade Mulberry Paper Card
- Heart Cut-Out Picture Frame
- Halloween Painted Rocks
- French Style "Cafe" Sign
- Fun Decorations for the Holidays
- Fall Leaves Embossed Paper Bookmark
- Easy Dried Apple Crafts
- To Create An Apple Wreath
- To Create An Apple Garland
- To Create An Apple Stacker
- Easy Autumn Wreath
- Creative Chalk Art
- How to Make Candles Using Old Crayons
- Solid Candles
- Scented Candles
- Butterfly Candle Holders
- Wood Scrap Snowmen
- Alphabet Blocks
- How to Air-Dry Flowers
- Creative Costumes for Halloween
- Flower
- Artist
- Firefighter
- Fisherman
- Farmer
- Tired Woman
- Pretzel
- Teletubbies
- Patch of Dandelions
- Bubble Bath
- Pizza Slice
- Bag of Jelly Beans (or gumballs)
- Table for One
- King & Queen of
Irish Crochet And How To Make It
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(priced for $17.00 or less).
Title: Irish Crochet And How To Make It
Instructions that are so easy to understand that anyone can master these techniques, even if they have never crocheted a single stitch!
If you've ever wanted to master this exquisite art, you'll find this detailed manual provides all the instructional guidance you'll need to make delicate and elegant crocheted pieces.
Although many may say that Irish crochet is a dying art, it's still a wonderful skill to master for those that love to create fine works of art from fine threads.
"Irish Crochet And How To Make It" is from the Priscilla crochet collection, and has been translated to today's modern English so that the reader can much better understand the instructions.
In this detailed, 75 page manual you'll learn...
- Explanation and abbreviations of stitches used.
- Which materials are proper to use when creating your Irish crochet pieces.
- How to crochet the basic stitches used in most of your patterns.
- How to crochet wonderful backings that can be used to join your motifs to make wonderful clothing and other delicate items.
- How to make simple motifs that are created just for beginners.
- How to join motifs in an attractive fashion.
- How to crochet medallions of pure elegance, that are so pleasing to the eyes that others will be shocked to see that crochet is more than just plain old granny squares.
- How to make beadings that can be used to
Fun Wooden Toys
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(priced for $17.00 or less).
Title: Fun Wooden Toys
Author: Peter Wodehouse
Wow! Thanks Dad, what a great present! Gee, Grandpa how did you know? Squeals of delight and gales of laughter erupt amidst the family gathering.
From rocking horses to soap box derby cars - puzzles to trains. Are you in an age group that remembers the joy when opening such a wonderful gift?
Finding quality wooden toys these days is not easy. Most fall into the category of "educational toys." That's a fancy way of saying they can charge ten times the value of a toys' plastic counterpart.
Did you know that wooden toys have been traced back as far as 1100BC? That alone is a testimony to the quality and durability of wooden toys. Not to mention the fact that parents' back then couldn't just drive to their local toy store.
Why not learn how to create your own quality wooden toys and watch the children in your life light up with wonder and excitement? It's not that difficult if you have the knowledge and materials.
That's where "Fun Wooden Toys YOU Can Make" comes in. This comprehensive guide leads you step by step on a creative journey toward completing a project that will bring about those giggles of glee from some lucky child.
Take a look at what you will find:
- Traditional Wooden Toys
- The Many Different Types of Wooden Toys
- Rocking Horses
- The Art of Making Wooden Toys
- Modern Wooden Toys
- How to Build a Pull Along Wooden Toys
- Building and Designing
Scrapbooking Life's Great Moments
Click here to see the long list of these ebooks
(priced for $17.00 or less).
Title: Scrapbooking Life's Great Moments
Author: Ryan Sawyer, Jan Sawyer
Learn How To Capture Life's Great Moments In Scrapbooks That Are Works of Art
Dear Future Artist,
Have you caught the bug yet? The scrapbooking bug, that is. It's literally sweeping the country and if you've wondered if it's something you would like to learn you're definitely in the right place.
The only decision you need to make is how to get started. There are scrapbooking classes held in many communities around the country. The challenge with enrolling in a class is scheduling. Most of us have little free time and frankly don't want to spend it away from home.
That's where "Scrapbooking - Life's Great Moments" comes in. You won't find a more comprehensive guide to creating beautiful works of art. Learn how to create timeless treasures that your friends and family will cherish for years, even generations to come.
"Scrapbooking - Life's Great Moments" reveals insider secrets and tips to spare yourself hours of frustration and costly mistakes.
Just take a look:
- Getting started - how to take that first step
- Learn the characteristics of a simple scrapbook
- Planning the design
- How to write the best text for your pages
- Selecting just the right photographs
- Planning your layout
- Decorations
If you are just beginning there are important tips to keep in mind. For instance:
- Assembling and organizing your
Click here to see the long list of these ebooks
(priced for $3.00 or less).
Title: Needlework
Who Else Wants To A Full Course in Needlework?
Finally, An A-Z Needlework Course That Will Manual You To Start Creating Your Own Needlework Masterpieces!
COMPLETE MANUAL in TATTING, EMBROIDERY, CROCHET, KNITTING and NETTING, BERLIN WOOL WORK, POINT LACE, and GUIPURE D'ART.
Dear Friend,
Needlework, includes such varied occupations as sewing, cutting and shaping, and knitting. In this e-book, these subjects are developed in so far as they may be presented to anyone interested in learning this craft.
The techniques and styles suggested are as simple and straightforward as possible, so you can discover it easily as well as to become prepared, to attempt intelligently much more difficult tasks. The material of the ebook is arranged so as to avoid laying down hard-and-fast rules with regard to non-essential things.
For the sake of clearness, Sewing, Cutting Out, Decoration, and Repairing have been dealt with in separate sections, although in practical work they cannot be separated. In each section, the possibility of gradation from the simplest elements to the most difficult is made clear.
With the The Ebook Of Needlework you can now discover how to create needlework from patterns, reproduce Antique laces; Point Lace stitches, Old Lace, with patterns included in this illustrated Needlework e-book.
Ebook Type: PDF
Halloween Crafts Made Easy
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(priced for $17.00 or less).
Title: Halloween Crafts Made Easy
If you're wanting to learn how to make an awesome halloween arts and crafts, then this may be the most important letter you'll ever read!...
"Learn The Easiest Way To Make Your Own Halloween Crafts Collections & Save Tons Of Expenditure Needed If You Are Going To Whip Out Your Credit Card or Cash From Your Wallet To Buy All Halloween Stuffs From The Store!"
It doesn't matter if you are just started to learn how to make your own halloween crafts, this guide will get you on the easiest way to make a spooky halloween stuffs for your kids.
Dear Internet Friend,
Why waste money on those store bought Halloween decorations? Surely you could make that stuff yourself, right?
Do you or someone you know want a great way to spend a Saturday afternoon? If so, pay close attention!
There's finally an original new book created just for people like you!
And, if you really want to know about making Halloween decorations this book is definitely for YOU!
This Isn't Like Some Useless Guides On Halloween Crafts That You Can Find In Any Store..
...On the internet, or even at your local library for that matter!
This book covers everything there is to know about Halloween Crafts and it's understandable to the average person! In fact, some people have called it the "The Bible Of Halloween Crafts"!
It's like having your very own craft expert that you can reference... Click here to read the full description!
Ebook Type: PDF
Title: A Book of Bags No.1
Knit and Crochet Beaded Bags & Purses
A Total of 11 Stunning Designs!
Beaded Bags were at the height of popularity in the 1920's and are keenly sought by collectors today. You too can own one of these beautiful bags or purses.
Experience the satisfaction of saying "I made it Myself!"
Contents include
- The Threads to Use
- Simplifying the Manner of Crocheting and Knitting with Beads
- Directions for Washing Pure Silk Articles
- Crochet and Knitting Stitches
- 11 Beaded Bag Designs with Instructions
These exclusive creations in hand-worked bags come with complete directions for making.
With the benefit of hindsight we can see that these bags are just as beautiful and desirable today as they were in the early 1920's. Good taste in fashion is timeless. Whether you are trying to recreate a 1920's bag, learn bag-making, looking for inspiration, or a fashion student you will get something from this ebook.
- The Tiffin No.519 - Waves of Iridescent Beads against a background of Silk and Steel Beads
- The Sydney No.518 - Miser Bag of easy stitch and modest proportion
- The Rolandere No.528 - A Russian Beaded Bag with unusual loop fringe
- The Oaksmere No.526 - Smart round bag with pine cone design in white beads against a dark background
- The Newcomb No.527 - Small envelope bag with lap and
All About Crochet
Click here to see the long list of these ebooks
(priced for $7.00 or less).
Title: All About Crochet
If you're set on becoming that envied crocheter...
Then this may be the most important letter you'll ever read!
Who Else Wants To Be Able To Cluster Stitch, Persian Stitch, And Become More 'In Tune' With Your Crocheting In Just 5 Days?
It doesn't matter if you've never crocheted a day in your life, or your the most talented person in the world... This Crocheting manual will help you not only get better , but it will also make you feel more like the professional crocheter that has been hiding in you!
Dear Friend,
Are you planning on learning how to take your crocheting to the next level or simply want to ? If so, pay attention!
There's finally a new, breakthrough ebook created just for people just like you!
And, if you really want to get the best results possible without putting in countless hours in at the thread store, then this ebook is definitely for YOU!
I myself have been crocheting for 20 years now, but it wasn't easy for me when I first started! I mean, information on this is pretty hard to come across. Especially the kind of information I wanted to know more about. To be quite honest with you, I got tired of looking and searching all over the place, so I decided to create the definitive ebook on crocheting!
This Isn't Like Any Other General or Generic Ebook On Crocheting You
Ebook Type: PDF
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Guided By Voices - Under The Bushes Under The Stars 12inch
Out of Stock
Under the Bushes Under the Stars is the ninth Guided by Voices album overall, and the final to feature the "classic" lineup including Tobin Sprout, Mitch Mitchell, and Kevin Fennell in addition to leader Robert Pollard. The album is noted as Guided by Voices' first stab at professionalism, being recorded in 24 track studios rather than their customary 4 track. Sessions for the album were reportedly arduous, spread as they were across at least four studios and as many sets of producers, and many titles and configurations were vetted before a final sequence was reached.


text: Ok so my touch just stopped working where is if I try to power it on then all it does is bring up the apple in the middle like it is loading and then sits there for a while until it just shuts down. I tried to restore and it helped some because now it starts but only goes to the restore page with the cord and itunes on it. When I try to restore I get a unkown error 20 when it starts to restore. Please help I have to drive 5 hours tomorrow and dont know what I will do without it.


text:
British Official Warns Of 'Enormous And Spectacular' ISIS Attack In UK
According to the Metropolitan Police assistant commissioner, ISIS is gearing up to go after Western lifestyle.By Newsy Staff | March 8, 2016
A British police official has warned of an "enormous and spectacular" ISIS attack against the U.K. as the terrorist group attempts to carry out more international attacks.
Metropolitan Police Assistant Commissioner Mark Rowley made the comment at a media briefing.
He said ISIS was gearing up to go after Western lifestyle rather than just police and military.
Article Continues Below


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Doug M Wolske (Age: 55)
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Doug Wolske 720 Bergen St Brooklyn, NY 11238 (718) 398-9641. Background Check - Available . 1,379,043,021 total records available. Tweet. Testimonials Read ...
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View up to date business information for NOTED L.L.C. in BROOKLYN, NY. Search the comprehensive D&B Business Directory at DandB.com.
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Doug Wolske has over fifteen years experience in production, publishing, art direction. ... Previously, Doug was the President and Publisher of Graphis. ...
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Yaple Mildred B. Yaple ... Karen Wollin (Bob), Topeka, KS, Greg Wolske (Kelly), Grove City, OH, Doug Wolske ... Return to today's Obituaries for The Columbus Dispatch.
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Ware Funeral Home To serve as we would be served. Who We Are. ... (Bob), Topeka KS; Greg Wolske (Kelly), Grove City OH; Doug Wolske (Tobore), W Simsbury, CT; …
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Available now at AbeBooks.co.uk - Free Shipping - ISBN: 9781888001723 - Hardcover - Doug Wolske - 2001 - Book Condition: Very Good - First Edition. - Very Good...
Interactive Design 2: The International Collection of Design Media by...
Edition: First. Book condition: As New. Jacket condition: As New. Book Description. New York: Doug Wolske/ Graphis Books, 2001. Immaculate copy. First.
POSTER ANNUAL 2001 The International Annual of Poster Art by...
Graphis Press, 2001-08. Hardcover. Good. Buy with confidence. Excellent Customer Service & Return policy. Ships Fast. Expedite Shipping Available. ...
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Publication Timeline . Most widely held works by Doug Wolske. Graphis photography annual 2002 ( Book ) 1 edition published in 2001 in English and held by 1 ...
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SHAVER, Appellant and Cross-Appellee, v. WOLSKE & BLUE et al., Appellees and Cross-Appellants. KENNEDY, Judge. Appellant, David L. Shaver, appeals from a...
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PopScreen - Video Search, Bookmarking and Discovery Engine · PopCharts · Sign Up · Log In · Melissa & Doug Fairy Role Play Set Multi color · Melissa & Doug ...
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so I thought I'd take advantage of the New York Photo Festival in May to finally ... The highlight though, was running into Doug Wolske, who I'd met at the Krappy Kamera show ...
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Doug Wolske: Douglas D. Maxson: Douglas Maxon: Douglas Noble: Edina Bergen Fitzpatrick: Elizabeth A. Black: Gary W. Ellenwood: Germaine A. Cuddy: Gordon F. …
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a dvance for your part i c i p ation and support . B e s t Wi s h e s,. B. Martin Pedersen CEO & Creative Director. Doug Wolske President & Publisher. << Previous ...
Graphis design annual 2002 | Lahden ammattikorkeakoulu - Masto |...
CEO & creative director: B. Martin Pedersen ; editors: Andrea Birnbaum, Heinke Jenssen ; publisher: Doug Wolske New York Graphis Inc 2001. 251, [5] s. kuv.
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In the age of information, although many people in awe of data, but what is undeniable is, flooring companies in the areas of Internet development is expected to leave big data. In the Internet age, the most obvious sign is the large data, in the information at the same time, also gradually disintegrated in their "Privacy", personal habits, hobbies and so exposed in front of strangers, but for companies, it is a development opportunity.
For marketers, the coming of age of big data, integrated marketing communications activities is welcome, it will bring about unprecedented opportunities. In the age of big data, if you have a platform, you can easily know the target audience of "location" information collection, integration and analysis, could have made the appropriate marketing tools. So, had to say in the age of big data, marketers of integrated mode of thinking is very important.
The advantages of slip rings businesses need to make full use of large data
Except for a slip ring of large enterprises has reached one of the tentacles, slip ring sector currently communicating with consumers the most direct transactions is mainly reflected in the store process, if businesses learn to store the transaction data, consolidating data, then seize the market opportunity is one step ahead than others.
For data collection, consolidation and analysis of thinking lacks for slip ring sector, designers in the design of products, tend to be on the market as a whole had a full and comprehensive investigation, knows how to design it is possible to gain market acceptance. Slip ring product design concepts are generally "patchwork", designers often have no real demand from consumers to design, but the collection, product concepts.
Therefore, before the Internet, slip-ring business bandwagon is clearly not desirable, covering such a wide range of the Internet, slip ring enterprises want to rely on force, still need to find the road, big data advantage has been more and more insight into the present, only data integration in order to seize the market opportunity, possibility of extending occupation of the initiative.
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|November 1: As Devon Began To Rub Claudia's Pink Nipples She Said "
|September 16: Mocha Skinned Hottie With Giant Tits And Big Nipples Po
|October 23: Hot Carmen Electra Shows Her Adorable Hard Nipples
|December 16: Sara Stone Pinching And Pulling Her Hard Nipples
|November 11: Lucy Summers Shows Her Nipples And Nice Sexy Ass On Cam
|March 10: Puffy Nipples And Pigtails
|October 25: Perky Pale Redhead Shows Her Red Nipples And Her Red Sn
|January 31: This Lady Is So Turned On That She Is Licking Her Own N
|November 7: Shi Reeves Lets You See Her Chocolate Nipples.
|December 16: Slim Blond With Puffy Nipples
|November 1: Sexy Blonde With Pierced Nipples Enjoys Her Time Alone
|October 21: Aun Is Horny Ladyboy From Bangkok. She Has Small, Hormo
|September 16: Busty Blonde Sorority Slut Teases Her Own Nipples
|March 10: Cute Teenager With Puffy Nipples Rubbing Her Tight Puss
|November 11: Hot Sexy Babe Brooke Skye Lifted Her Top And Shows Her
|October 24: Puffy Nipples On A Horny Blonde Teen
|December 19: Brunette Teen With Nice Nipples
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|October 18: Hot Busty Luna Shows Off Her Pussy And Licks Her Perky
|December 18: Blonde With Big Nipples In Tan Stockings Showing Her Sn


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Upcoming Conferences and Events
Dec 7-8
Apr 19-20
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SBJ/November 10 - 16, 2003/Media
Nielsen Weekly Sports Ranking
Published November 10, 2003
RIVALRY PULLS IN VIEWERS: West Virginia and Virginia Tech both made their second appearance on an ESPN weeknight telecast and pulled the net's ratings up 46 percent from the previous week's N.C. State-Clemson matchup. West Virginia's near-upset of the University of Miami earlier in the month is the highest-rated weeknight college game this year, a 3.3 coverage-area rating. The 2.7 coverage-area rating Virginia Tech earned when it beat Texas A&M on Sept. 18 ranks second.
For a listing of the Nielsen Weekly Sports Ranking for the week of 10/20/03-10/26/03, click here.


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Don't call it a comeback! Controversial comedian Katt Williams is set to premiere his much-anticipated return to stand up comedy on August 17, during the Showtime special, Kattpacalypse.
The exclusive one hour candid performance, which was taped live on New Years Eve at Los Angeles' Nokia Theater, captures Williams' first show following a three year hiatus.
According to the show's press release, the Friday After Next star will cover an array of topics including President Obama's process for eliminating terrorists, doomsday, Mitt Romney, and the Michael Jackson murder trial.
Katt Williams' Kattpacalypse premieres this Saturday at 10PM ET/PT exclusively on Showtime.
More African-American Comedians
Also on HuffPost:
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All My Single Ladies: 'Bachelor' Hosts Casting Call in Phoenix
Come on Scottsdale, let's go for three.
Next Thursday the Valley will welcome (or at least, will host) casting producers from ABC's hit reality dating show, The Bachelor. They'll be looking for 25 women to wine, dine, and date their way into a single man's heart.
And if you watched the last two seasons of the Bachelor and the Bachelorette, then you already know the Valley's got a reputation to uphold.
In the current season of the Bachelorette, racecar-driving heartthrob Arie Luyendyk, Jr. brought the show to Scottsdale and Fountain Hills during a week of "hometown dates."
Upcoming Events
Mamma Mia!
TicketsSat., Dec. 10, 2:00pm
Spirit of Christmas
TicketsSat., Dec. 10, 2:00pm
Moscow Ballet's Great Russian Nutcracker
TicketsThu., Dec. 22, 7:00pm
Andrew Dice Clay
TicketsSat., Jan. 14, 8:00pm
The Illusionists - Live From Broadway
TicketsTue., Jan. 17, 7:30pm
Besides being an indycar driver, Luyendky also had his real estate license in Arizona, though it expired in 2008.
The season prior Courtney Robertson, a Scottsdale resident and model, showed off the Farm at South Mountain to Bachelor Ben Flajnik -- she also won.
That's back-to-back hometown visits for Valley contestants. But, no pressure prospectives.
The casting call will be held at the Royal Palms Resort and Spa on Thursday, July 12 from 4 to 8 p.m.. Ladies can also apply online if unable to make the in-person audition.
In honor of the event, the Royal Palms will be offering a 15% off room rates from Tuesday, July 10 through Saturday, July 14. Check the Royal Palms website for more details.
Related Location
5200 E. Camelback Rd.
Phoenix, AZ 85018
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