text: Hey, I just got into Jailbreaking, on my 2g, and I've been using Cydia packages, and I have been trying to make a package and submit it. I made a winterboard theme pack. Tested it in ssh and It works fine. I don't know anything about uploading anything, or seeding or anything. I clicked my package on my computer, and compressed to a .rar. I go to a website, say big boss or modmyi, and submit, fill in application, and it loads for about 2 minutes, then just refreshes the page and doesn't work. I don't know much, so could you just explain exactly how to take a folder on my desktop and upload it into a Cydia repo site? Thanks guys.


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decided: June 8, 1973.
IN THE MATTER OF JACK KORMAN AND ROBERT W. LIKAS, WITNESSES BEFORE THE SPECIAL FEBRUARY 1971 GRAND JURY, APPELLANTS,v.UNITED STATES OF AMERICA, APPELLEE. UNITED STATES EX REL. JACK KORMAN AND ROBERT W. LIKAS, PETITIONERS-APPELLANTS, V. THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF ILLINOIS AND THE UNITED STATES MARSHAL FOR THE NORTHERN DISTRICT OF ILLINOIS, RESPONDENTS-APPELLEES
Mr. Justice Clark,*fn* Duffy, Senior Circuit Judge and Kiley, Circuit Judge.
DUFFY, Senior Circuit Judge.
There are two appeals before us for our consideration. These have been consolidated in this Court in order to expedite the appeal in each.
On April 20, 1971, appellants Korman and Likas were found to be in civil contempt of the Court by a District Judge under 28 U.S.C. § 1826(a) for refusing "without just cause shown to comply with an order of the court to testify" before the Special February 1971 Grand Jury convened in Chicago, Illinois. Initially, the appellants herein refused to testify asserting their Fifth Amendment privilege against self-incrimination. Each defendant was granted immunity pursuant to 18 U.S.C. § 6002. They remained silent contending that the use immunity conferred by the statute was inadequate to supplant their Fifth Amendment privileges.
An appeal was taken to this Court and we reversed the District Court, holding that only full transactional immunity is sufficient to supplant the privilege against self-incrimination. In Re Korman, 449 F.2d 32 (7th Cir. 1971). Thereafter, the Supreme Court granted certiorari and summarily reversed our Court's holding relying on Kastigar v. United States, 406 U.S. 441, 92 S. Ct. 1653, 32 L. Ed. 2d 212 (1972).*fn1
On July 17, 1972 the District Court extended the term of the Special February 1971 Grand Jury for a period of six months pursuant to the provisions of 18 U.S.C. § 3331(a).*fn2
On August 15, 1972 while still free on bail during the pendency of the District Court's consideration of their contempt citations, motions were filed on behalf of the appellants declaring the necessity of a hearing in the District Court to determine whether they had been the subjects of illegal governmental electronic surveillance. In the "Motion for Production of Reports of Electronic Surveillance" and the "Motion to Stay Mittimus," the appellants (petitioners therein) alleged that because the Solicitor General had refused to answer their inquiries with respect to the utilization of electronic surveillance in gathering information for the Special February 1971 Grand Jury, they therefore had reason to believe that they had, in fact, been so subjected.*fn3
On the same date the motions were filed and a hearing on the same held, the United States Department of Justice filed in District Court a letter dated August 7, 1972 from Henry E. Petersen, Assistant Attorney General, to Sheldon Davidson of the Chicago Strike Force denying that conversations of the appellants had been overheard by the Department of Justice by means of electronic surveillance. The letter disclosed that the Internal Revenue Service had utilized a pen register on the telephone of appellant Likas from February 8 to May 22, 1963, but no conversations were monitored at that time or any subsequent time. The letter mentioned conversations between one Phillip Stollman and an individual calling himself Jack Korman overheard on an extension phone by an Internal Revenue Service agent in Stollman's office and with Stollman's consent on October 18 and 20, 1961. With respect to both appellants, the letter indicated no further electronic surveillance or monitorings of their conversations had been conducted by the Internal Revenue Service.
The letter concluded with a statement that the appellants had never been subjected to electronic surveillance by the United States Secret Service, the United States Postal Service, the Bureau of Alcohol, Tobacco and Firearms or the Bureau of Narcotics and Dangerous Drugs.*fn4
The District Court, 351 F. Supp. 325, denied the motions of the appellants in a Memorandum Order and Opinion dated August 17, 1972 and directed that they be taken into custody for the contempt citations. The Court, in its decision, reasoned that a pen register was not within the scope of the Omnibus Crime Control and Safe Streets Act of 1968; that the letter of August 7, 1972 was firm and unequivocal in its denial of "interception" as construed under 18 U.S.C. § 2515; and, that it was bound by the decisions of this Court in Fraser v. United States, 452 F.2d 616 (7 Cir., 1971) and In Re Womack, 466 F.2d 555 (7 Cir., 1972) when considering the efficacy of the denials of the Department of Justice and the evidentiary value to be given such representations.
On August 25, 1972 two subsequent motions were filed by the appellants, one a "Motion to Reconsider Ruling of August 17, 1972", and the other, "Amendment to Stay Mittimus". The District Court denied the former motion and allowed appellants to file an amendment to the Motion to Stay Mittimus nunc pro tunc August 15, 1972 for purposes of appeal.
In said amendment, appellants asserted that,
"7. The response of the government is insufficient in law and fact in that:
a. The attachment pre-dates the claim under Title 18 U.S.C. §§ 2515 and 3504.
b. It does not constitute an affirmance nor denial contemplated by the Statutes above.
c. It does not constitute an "official denial." See concurring opinion, White, J., in Gelbard v. United States, [408 U.S. 41], 92 S. Ct. 2357 [33 L. Ed. 2d 179].
d. It does not cover the use of pen registers or similar devices.
"8. That assuming, arguendo, pen registers and similar devices are not within the ban of Title 18 U.S.C. §§ 2515 and 3505:
a. The use of the pen register is a violation of the Telecommunications Act.
b. This Court is bound by United States v. Dote, 371 F.2d 176.
c. The use of such evidence is expressly prohibited by the Fourth Amendment, and particularly by the decision of the Supreme Court in Silverthorne v. United States, 251 U.S. 385 [40 S. Ct. 182, 64 L. Ed. 319]. (See discussion of Mr. Justice Douglas in Gelbard, 92 S. Ct. at 2368-2372.)"
Meanwhile the appellants had been incarcerated on August 22, 1972 as a consequence of their contempt citations and remain in jail pending the outcome of these appeals.*fn5
On October 11, 1972 a Petition for Writ of Habeas Corpus was filed on behalf of the appellants herein raising a multiplicity of issues concerning the constitutionality and existence of the Special February 1971 Grand Jury. The petition for the Writ of Habeas Corpus was dismissed by Judge Robson on November 7, 1972 in Memorandum and Order bearing the same date.
Subsequently, after a hearing on January 6, 1973, the Special February 1971 Grand Jury was again extended on January 10, 1973 upon the request of the members of the Special Grand Jury for another six months pursuant to 18 U.S.C. § 3331(a).*fn6
In appeal No. 72-1778, the appellants question the concomitant denials of the Motion for Production of Reports of Electronic Surveillance and the Motion and Amendment to the Motion to Stay Mittimus.
Appeal No. 72-1930 concerns the propriety of the dismissal of the Habeas Corpus action.
No. 72-1778
In response initially to appellants' Motion for Production of Reports of Electronic Surveillance, the government refused to reply. Prior to the hearing on August 15, 1972, the government supplied counsel for appellants with the aforementioned letter of denial dated August 7, 1972 denying any overhearings of appellants' conversations by means of electronic surveillance as defined in 18 U.S.C. § 2510 et seq. On appeal, appellants contend that assuming arguendo an official denial by the government precludes further refusals to testify by persons similarly situated with appellants, the inter-agency letter of denial in this case did not qualify as an official denial.
Our Court in In Re Womack, 466 F.2d 555 (7th Cir. 1972), stated at page 558 in an identical fact situation where potential grand jury witnesses alleged that electronic surveillance either led to the issuance of their subpoenas or constituted the source of information which motivated their production as witnesses,
"We can only conclude that neither Congress in the Omnibus Crime Control and Safe Streets Act or in the Organized Crime Control Act nor the Supreme Court in Gelbard intended to overrule or change the constitutional rule of Alderman [Alderman v. United States, 394 U.S. 165, 89 S. Ct. 961, 22 L. Ed. 2d 176] that only the person whose privacy is invaded by an illegal electronic surveillance has standing to object.
"Hence the representations in this case by the Department of Justice that the privacy of neither relator was subject to interference put 'the matter . . . at an end and the witness(es) must answer'."
Thus, the initial question which must be resolved is whether the letter of denial by the Department of Justice was sufficient to put the appellants' allegations of electronic surveillance to an end, foreclosing the necessity of additional affirmative action by the government or requiring a hearing on the matter. See also Fraser v. United States, 452 F.2d 616, 621 (7 Cir., 1971).
As indicated in the previous opinions, our Circuit has deemed such letters of denial sufficient as a disclaimer of governmental intervention by electronic means. Yet, subsequent to these decisions, certain indiscretions have been revealed concerning illegal electronic surveillance which seem to militate for a more formal and binding denial than those which were found to be adequate in Womack, supra, and Fraser, supra. We therefore are of the opinion that an official government denial of electronic surveillance must at the very least be submitted in the form of an affidavit by a responsible government official. Various Circuits have considered the adequacy of an affidavit of denial in similar cases and deemed the affidavit sufficient as an official denial.*fn7 We agree this is the proper form of official denial. Consequently, a government affidavit of denial must be filed herein before the mandate can issue.*fn8
We will therefore stay the mandate in this appeal not to exceed thirty days after the issuance of the circulated slip opinion in order for the government to comply with our request if possible. Said affidavit may be sworn to by the prosecutor personally in charge of the investigation or by the person in charge of the governmental agency conducting this grand jury probe. The affidavit need only deny electronic surveillance of appellants occurring after June 19, 1968,*fn9 and need deny pen register surveillance only when used in conjunction with an illegal wiretap for reasons hereinafter articulated. If compliance is not realized, this action will be remanded to the District Court for a hearing to determine why the mittimus should not be stayed.*fn10
As a second issue, appellants assert the District Court erred in its failure to hold a hearing on whether questions asked before the Special February 1971 Grand Jury were predicated on information obtained from investigatorial leads supplied by the use of a pen register. Their assumption is that United States v. Dote, 371 F.2d 176 (7 Cir., 1966), decided prior to 18 U.S.C. § 2510 et seq., is still viable law in this Circuit and, therefore, the use of the pen register qualifies as an interception of a "communication" thereby prohibited by 47 U.S.C. § 605, 18 U.S.C. § 2510 and by Dote, supra, if used outside the statutory framework.
But, as conceded by the appellants on appeal, recent precedent indicates that the pen register is not an interception of communication under 18 U.S.C. § 2510(4). United States v. Lanza, 341 F. Supp. 405, 421 (M.D. Fla. 1972); United States v. King, 335 F. Supp. 523 (S.D. Cal. 1971); United States v. Vega, 52 F.R.D. 503 (E.D.N.Y. 1971); United States v. Escandar, 319 F. Supp. 295 (S.D. Fla. 1970).
With respect to the contention that the pen register is mutually prohibited by Dote, supra, and 47 U.S.C. § 605, of importance is that the reference to "any communication" in that statute which Dote, supra, and the Court in United States v. Caplan, 255 F. Supp. 805 (E.D. Mich. 1966), construed to include the mechanical printout of phone numbers by a pen register, no longer appears in 47 U.S.C. § 605. The phrase was changed to "any radio communication" by Public Law No. 90-351, Title III, § 803, the same law which enacted Title 18, Chapter 119 (§§ 2510-2520). Therefore, the clear intent of Congress would seem to be that the interception of wire communications would be governed solely by the new Chapter 119. There have been no allegations by defendants that radio communications may have been intercepted in the present case, thereby precluding appellants' reliance on Dote, supra, to this extent.
On the other hand, Dote, supra, may still have some viability when the use of a pen register is realized coincidentally with a court-ordered wiretap. See United States v. Lanza, 341 F. Supp. 405, 422 (M.D. Fla. 1972). In such a situation, the pen register translates the signal into a visual printout, while the tape recorder records the signal into a sound. A government affidavit denying use of electronic surveillance, which inter alia denies the use of wiretap, will suffice to quash any allegations of illegal use of a pen register in this case.
Therefore, if the government conforms with the requirement imposed by this opinion, which action will be noted in an addendum to the slip opinion to be sent to the publishing company, we affirm the decision of the District Court denying the aforementioned motions. An affidavit of denial will foreclose appellants' arguments in this appeal, for an official denial will be realized, and any illegal use of a pen register used in conjunction with an unauthorized wiretap will have been effectively denied.*fn11
Appellants' first contention in challenging the propriety of the dismissal of the Petition for Writ of Habeas Corpus is that the statute which provides for the impanelment of a Special Grand Jury subjects them to an arbitrary and unreasonable classification. In pertinent part, 18 U.S.C. § 3331(a) provides that, Special Grand Juries shall be called by district courts in districts containing four million inhabitants or more or in any (emphasis added) district in which the Attorney General or his designate certifies that a Special Grand Jury is necessitated by criminal activity in that district.
Appellants refused to testify as witnesses called before a Special Grand Jury in Chicago, Illinois. They contend that because of their residence in a metropolitan area of over four million, they have been arbitrarily selected for more severe punishment than a person subpoenaed to appear before a grand jury in a smaller metropolitan or rural area, because the life of a Special Grand Jury -- and consequently appellants' potential period of incarceration for contempt -- may be extended for twice the term of a normal grand jury convened pursuant to Rule 6(g) F.R. Cr. P.*fn12
They assert that their continued incarceration on this basis is a denial of equal protection as embraced in the due process clause of the Fifth Amendment, which concept was overtly articulated in Bolling v. Sharpe, 347 U.S. 497, 74 S. Ct. 693, 98 L. Ed. 884 (1954).
This unique argument fails to consider the entirety of the statute which clearly permits like Special Grand Juries to be convened in any district of the nation regardless of population. Upon considering the wording of the questioned statute, there is no indication that once any Special Grand Jury is convened anywhere in the country there is a variance of potential terms of such grand juries or of obligations to appear and testify.
We find no merit to appellants' claim of an arbitrary or unreasonable classification or that they were, in fact, denied equal protection under the laws and Constitution of the United States. See United States ex rel. Womack v. United States Attorney, 348 F. Supp. 1331 (N.D. Ill. 1972).
A second argument raised by appellants in appeal No. 72-1930 is whether the District Court decision to extend the initial 18-month term of the Special February 1971 Grand Jury was reviewable, or an exclusive exercise of the discretionary powers vested in the Court by 18 U.S.C. § 3331(a) to extend the term.
Under 18 U.S.C. § 3331(a) the term of a Special Grand Jury may be extended either at the instigation of the jury members themselves by an affirmative vote of a majority of the members whereupon application for extension is made to the Chief Judge of the district for continuance, or, if in the opinion of the District Court the business has not been completed, that Court may order a six-month extension.
In this case, the District Court used the prerogative provided by statute and found the business of the Special February 1971 Grand Jury was not completed. We are of the opinion as was the Court below that Petition of A & H Transportation, Inc., 319 F.2d 69, 71 (4 Cir., 1963), is dispositive of appellants' contention herein challenging the discretion of the District Court. The Court stated in 319 F.2d at page 71:
"The authority to convene or discharge a grand jury is vested in the District Court. Its exercise of its discretion to convene, or not to convene a special grand jury, or to discharge a grand jury is not reviewable on appeal, and a Court of Appeals cannot by mandamus, or any other extraordinary writ, inject itself into the discretionary area reserved to the District Court."
We therefore hold the initial extension of the Special February 1971 Grand Jury and the subsequent extension on January 10, 1973 were authorized by the statute and within the discretionary powers of the District Court. This is not reviewable on appeal, absent some showing of a flagrant abuse of discretion. No such showing was made or alleged herein.*fn13
Appellants contend that under 18 U.S.C. § 3332(b) a District Court is empowered to impanel only two Special Grand Juries in a single district at any given time.*fn14 They assert the use of the word "an" signifies clear legislative intent to delimit the number of Special Grand Juries in a district. Therefore, they reason that the continuance of the Special February 1971 Grand Jury at a time when two additional Special Grand Juries had been convened in the Northern District of Illinois was contrary to the mandate of the statute. We disagree.
The legislative history of the Organized Crime Control Act of 1970 indicates that the Special Grand Jury was created as an instrument to investigate organized crime in areas where such criminal activity was evident. It would thwart the purpose of the Act to limit to two the number of Special Grand Juries in a district when in fact four or five were necessary for adequate investigation of organized crime.*fn15
We find no merit in appellants' constitutional challenges to the Organized Crime Control Act of 1970.
We are of the opinion that, given the circumstances the appellants find themselves in at the time of this appeal, incarcerated in the Cook County Jail, their situation indicates a sufficient personal stake in the outcome of the controversy to confer standing to them in order to challenge the de jure existence of the Special February 1971 Grand Jury. Sierra Club v. Morton, 405 U.S. 727, 92 S. Ct. 1361, 31 L. Ed. 2d 636 (1972).
Since we have determined their challenges to said Special February 1971 Grand Jury are without merit, the dismissal of appellants' Petition for Writ of Habeas Corpus by the District Court is affirmed.
ADDENDUM To No. 72-1778
The government has complied with our request in Appeal No. 72-1778 and submitted to this Court an affidavit denying electronic surveillance of appellants for the time intervals in contention. Therefore, the decision of the District Court denying the motions considered in this appeal is affirmed.
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(posted Jan. 31, 9:30 a.m.)-The Boston Red Sox's newest pitching-staff acquisition, Vicente Padilla, won't be reporting to Spring Training in Florida until he clears up his legal problems in Nicaragua.
On Jan. 30, Managua's Second Penal Court clipped Padilla's passport and issued a capture order for his arrest after he failed to appear for a second court date to face accusations that he's neglecting child support obligations, according to the daily La Prensa.
Padilla, whose largest contract was a $33-million, three-year deal signed with Texas in 2006, is being accused of failing to pay $540 a month in child support for his 10th kid, who is three years old.
Padilla recently signed a $1.5 million minor league contract with the Red Sox.


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|Comedy films
Feature films
Fiction films
Video recordings for the hearing impaired
|Material Type:
|Document Type:
|Visual material
|All Authors / Contributors:
Shawn Levy; Chris Columbus; Michael Barnathan; Robert Ben Garant; Thomas Lennon; Ben Stiller; Carla Gugino; Dick Van Dyke; Mickey Rooney; Bill Cobbs; Jake Cherry; Ricky Gervais; Robin Williams; Milan Trenc; Twentieth Century-Fox Film Corporation.; Ingenious Film Partners (Firm); 1492 Pictures.; 21 Laps Entertainment (Firm); Twentieth Century Fox Home Entertainment, Inc.; Copyright Collection (Library of Congress)
|OCLC Number:
|Language Note:
|English (Dolby 5.1, DTS 5.1), dubbed French (Dolby Surround) or dubbed Spanish (Dolby Surround) dialogue, English or Spanish subtitles; closed-captioned.
|Dual layer.
Based upon the book by Milan Trenc.
Originally released as a motion picture in 2006.
Special features: Disc one: Commentary by director Shawn Levy; commentary by writers Robert Ben Garant and Thomas Lennon ; Disc two: "Bringing the Museum to life" featurette; "Directing 101" featurette; "Monkey business" featurette; "Building the museum" featurette; "Historical threads: the costumes of Night at the Museum" featurette; "Making Night at the Museum" featurette; deleted and extended scenes with optional commentary by director Shawn Levy; blooper reel; Comedy Central's Reel Comedy: Night at the Museum; "The director's vision comes alive:" storyboard-to-screen comparison; Fox Movie Channel present: "Making a scene;" Fox Movie Channel presents: "Life after film school;" "Reunite with Rexy" DVD-ROM game.
|Music by Alan Silvestri ; costume designer, ReneÌe April ; visual effects supervisor, Jim Rygiel ; editor, Don Zimmerman ; production designer, Claude PareÌ ; director of photography, Guillermo Navarro ; executive producers, Thomas M. Hammel, Ira Shuman, Mark Radcliffe.
|Ben Stiller, Carla Gugino, Dick Van Dyke, Mickey Rooney, Bill Cobbs, Jake Cherry, Ricky Gervais, Robin Williams.
|Target Audience:
|MPAA rating: PG; for mild action, language and brief rude humor.
|2 videodiscs (110 min.) : sound, color ; 4 3/4 in. viewing copy
|DVD; region 1; NTSC; anamorphic widescreen (1.85:1) presentation; Dolby Digital 5.1 surround, DTS 5.1 surround, Dolby Surround.; DVD-ROM drive and an Internet connection on a PC with Windows 98SE or higher (or Mac with OS 9.0 or higher) is necessary to operate the enhanced features of this disc. This disc will not work in a CD-ROM drive.
|Other Titles:
|Night at the museum (Motion picture)
|Twentieth Century Fox presents in association with Ingenious Film Partners, a 1492 Pictures/21 Laps production, a Shawn Levy film ; screen story and screenplay by Robert Ben Garant & Thomas Lennon ; produced by Shawn Levy, Chris Columbus, Michael Barnathan ; directed by Shawn Levy.
Larry Daley is a divorced father who can't seem to keep a job for more than a week. As a last resort, Larry applies for a job as a night shift security guard at the American Museum of Natural History. However, a seemingly easy job turns out to be an adventure when he finds that an ancient curse causes the "inhabitants" of the museum to come to life at night.
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text:
Vegetable Cream Cheese Spread
Total Time
Prep 20 mins
Cook 0 mins
From an old WW cookbook. Added a couple ingredients to spice it up. Serve with crackers, bread sticks or bagels.
Ingredients Nutrition
- 1⁄2 cup low-fat cream cheese
- 2 tablespoons scallions, chopped
- 2 tablespoons green peppers, diced
- 2 tablespoons carrots, diced
- 1⁄2 teaspoon Worcestershire sauce
- 1⁄8 teaspoon garlic powder
- In a work bowl of a food processor, process cream cheese until light and fluffy.
- Transfer to a small bowl; adding remaining ingredients, stir to combine.
- Cover with plastic wrap and refrigerate to blend flavors.


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Does this attraction require above average amounts of physical activity (long walks, climbs, stairs or hikes)?
Is this attraction good for couples?
Would this be a good sunny day activity?
Is this attraction suitable for all ages?
Is this attraction a "must-see" location?
Does this attraction provide visitors with a taste of the local culture?
Is this an outdoor attraction or activity?
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A must go place for shopping as it has a very long stretch of shopping ranging from Cosmetics / clothing / pharmacy items / food & restaurant, do spend some time there, you won't...
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3 Days in Osaka
One Day in Osaka
Best Food in Osaka
So many shops , so much to eat and lots to take in. Something for everyone and great photo opportunities as well !
Very busy ... you'll never get to see all the streets !
a lots variety of shops, from local to branded. Nothing special though and the price avarage is pretty expensive.
Nonethleess this place is near ichiran Ramen, the famous Takoyaki and Glico Board.
Sure can give it a try to visit..
A must go place for shopping as it has a very long stretch of shopping ranging from Cosmetics / clothing / pharmacy items / food & restaurant, do spend some time there, you won't regret! :)
This is 600 odd metres of shopping insanity. Some really great bargains to be found here. Make sure you take your passport if you're from overseas as you can get Tax free on purchases over ¥5000 or so. I could have easily spent a lot of money here if that was my intention. Worth spending a few hours here wondering...
Quite an exciting experience with lots of shops to see, I actually enjoyed walking through the side streets, which offered a different kind of shop.
Lots of great local food to eat. Everything from takoyaki street food stalls to sushi and ramen restaurants. Shopping is pretty good especially if you are a sneaker head. Prices for food and shopping are quite reasonable.
UNIQLO and H&M aside, if you know where to look, other quaint shops have better prices to offer than anywhere else in Osaka. Shinsaibashi-suji is a long strip of road full of shops and stores, with some wares more western than others. All it takes is a little exploring and I promise, you'll find the best deals. I bought authentic...
Really frantic undercover shopping strip. Being a bit taller than the average Japanese, you can see a river of heads flowing through this very long strip. Bright lights, great shops and eateries. It leads into the Dotonburi area.
Without doubt a real must see in Osaka. Easy 3 stops on the subway from Umeda Station which is next to Osaka...
If you are not into shopping, I advise to not check this street in the evening on the weekend as its total hassle... way too many people in this never ending street.
If, however you like shopping, good luck :)
We visited Shinsaibashi on a rainy Tuesday evening and it was still a crowded and lively area. Good thing that it was covered and out of the rain. It's within walking distance of both Dotonburi and the Namba Walk.
I presume shopping here will be cheaper than Tokyo and the things to buy would be somewhat similar to Tokyo like souvenirs, local sweets and delicacies (not branded stuffs). Also, I am looking at buying skincare products and it seems to be cheapest to buy from drugstores in Tokyo. Is it the same here in Osaka or cheaper?
I will have only 3 days to spend in Osaka this coming October. Where should I stay?
What is the approximate time spent at Shinsaibashi?
Is there any motorcycle accessories store near Shinsaibashi?
Hi, do this hotel have an email address? I couldn't find one on any hotel booking site or their main site.
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I'm looking for a Laundre room wallpaper border. Can someone please let me know where I could find it? The pattern could be discontinued. The pattern number is 5802640 and it's from the Essential Ktichens and Bath Book. Please advise.
Did you ever find this border? I am looking for the same thing.
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Social protection
The "Global Campaign on Social Security and Coverage for All" builds on efforts already underway in more than 30 countries. These include projects to help countries extend coverage at the national level and to strengthen community-based social security organizations.
Conference on universal social protection
Global Partnership for Universal Social Protection
New-York, 21 September
The World Bank Group and the ILO, together with other leading development agencies, will meet during the 71st session of the UN General Assembly to present the Global Partnership for Universal Social Protection. The event will bring together heads of government, diplomats and experts to showcase evidence from more than 20 countries that have achieved universal social protection coverage, and will present the diverse approaches available to make universal social protection an achievable objective as part of every Member State's plan to realize the SDGs.
Promoting diversity and inclusion through workplace adjustments: A practical guide
30 November 2016
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ILO, Russian Federation Sign New Cooperation Accord, Set Key Priorities
21 November 2016
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European social partners and civil society to discuss the future of work
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20 mile radius
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This 1982 portfolio collects four lengthy (8.5" x 19.5") vertical black and white prints by esteemed horror and sci-fi artist Tim Conrad. This series shows four practices of self-mastery; discipline, work, faith, and solitude, and comes nestled in a triptych style folder.
This portfolio comes signed and numbered on the first plate by artist Tim Conrad.


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Dimond Lighting Dimond Lighting 91-135-LED 1 Light LED Buffet Table Lamp from the
Home > Lighting Direct > Dimond Lighting
Single Light LED Buffet Table Lamp from the Monet Garden Collection Features: Yellow fabric corset shade Made of wood Designed to cast light both upwards and downwards Suitable for dry locations Lamping Technologies: Bulb Base - Medium (E26): The E26 (Edison 26mm), Medium Edison Screw, is the standard bulb used in 120-Volt applications in North America. E26 is the most common bulb type and is generally interchangeable with E27 bulbs. Compatible Bulb Types: Nearly all bulb types can be found for the E26 Medium Base, options include Incandescent, Fluorescent, LED, Halogen, and Xenon / Krypton. LED - Light Emitting Diode: Highly efficient diodes produce little heat and have an extremely long lifespan. Specifications: Base Style: Pedestal Bulb Base: Medium (E26) Bulb Included: Yes Bulb Type: LED Energy Star: No Height: 41.25" LED: Yes Material: Wood Number of Bulbs: 1 Product Weight: 13 lbs Shade Height: 13" Shade Length: 10" Shade Material: Fabric Shade Width: 10" Switch Type: Multi Way Voltage: 120v Wattage: 150 Watts Per Bulb: 150 Width: 10.25" (measured from furthest point left to furthest point right on fixture) About Dimond Lighting Dimond Lighting innovations, inspired by the poetry of light and acclaimed for elegance with which they are executed, originate from the desire to transcend the boundaries of innovation and style. Such an ambition requires the willingness to constantly surpass one's own expectations. Find the perfect table or floor lamp complement to complete the application of the DIMOND style to your home.
Dimond Lighting http://www.lightingdirect.com/imagebase/resized/x800/DimondLightingimages/dimond-lighting-91-135-led-67.jpg
Only $250.00 at LightingDirect.com


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For sale by udara30 Nov 9:36 amColombo 8, Colombo
island wide FREE delivery Register Post
100% new and high quality.
fashionable and can be worn in different kinds of weather
Made of high quality polyester,skull print on surface
You can make a hat,a scarf,or a face mask.
Length: 47cm /18.5''
Width: 23cm / 9
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This is a cool evolution of lacrosse from Native Americans, to the 70's-80's when the game was reinvented, to modern times.
Lacrosse Girl Problems
Our lacrosse game day jersey shirts are super comfy for those chilly summer nights! Show the world how much you love your sport with these adorable lacrosse shirts. They make the perfect gift for any lax girl! Popular designs include Live Love Lax, Just Relax, and our classic "Lacrosse" word. Show your Goalie status with our goalie shirt or add make a custom shirt by adding your team name! Did we mention that the front can be personalized with your monogram? :) Only at LuLaLax.com
Tis the season to be jolly! Lacrosse Holiday gear Shirts! Sticks Up Lacrosse picks this as one of the best gifts this holiday season!!! www.sticksuplax.com
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text: Hi, Im getting a 16gb touch 2nd gen next week, and im going to try to get it for the best price possible. JB Hifi have their prices at $398, and then when i remembered that officeworks beat prices by 5% i was very happy because i was thinking it would come down to like $378, however after calling officeworks i found that they only beat the price if its lower, however in this case it was the same, as they also sell for $398. Are there any other stores that offer a price beating scheme that will beat the price of jb hifi? Cheers Please Register or Log in to view images


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Coraopolis, PA
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Hello. My name is Joshua John C. I am married, and my wife and I have a nine year old daughter. My wife and I are expecting our second child. We are only 4 months away. I currently live in Moon Township... read moreGet Started


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12 Spar, Cashier or Packers Jobs in Randfontein, Gauteng
Our successful Cashiers ' *. TRAINEE FLEXI CASHIER SILVERSTAR CASINO MOGALE CITY. Tsogo Sun welcomes job applications from passionate and hard-working team...from: JustTheJob.co.za - 13 hours ago
Pickers PackersNEW
Pickers / Packers Westonaria R5500 - R7000 per month incl. performance bonus Pickers / Packers positions available. Minimum requirements: -at least 6 months...from: Job Mail - 18 hours ago
2 Years Cashier Experience. Crafters Market is looking for a experienced Cashiers to work from the 28th of November to the 31st of December for the festive...from: Gumtree ZA - 7 days ago
Local supermarket is looking for a 6 cashiers to work part time. 4 times a week(7pm to 5pm)....from: Job Mail - 5 days ago
MALE CASHIER FOR LIQUOR STORE IN RANDFONTEIN .....HONEST RELIABLE PEOPLE CAN APLY...BACKGROUND AND FINGERPRINTS TO BE CHECKED .SEND CV TO firstname.lastname@example.com...from: Gumtree ZA - 7 days ago
AJ's & Friends Liquor Store & AJ's Pub is looking for cashiers and waitresses to start immediately. Sober of habit and own transport essential, preferably...from: Job Mail - 2 days ago
Contact Laura 083 607 1934 / 063 539 6272 We'll also assist you in finding a jobfrom: Gumtree ZA - 10 days ago
Salary R3k to R4k - experience related PLEASE SUBMIT CV WITH APPLICATION Good references > Clean ITC > No Criminal Records > Computer literate > Matric afrom: Gumtree ZA - 7 days ago
RETAIL MANAGER ( FOOD AND SHOP AT FUEL STATION), MARAISBURG, R13 000GRADE 12MUSTH HAVE RETAIL AND BAKERY EXPERIENCE ( NOT NEGOTIABLE)SOMEONE FROM A FOOD LOVERS,...from: JobVine.co.za - 10 days ago
We currently supply in Gauteng stores like Spar, Ok foods, Midas, Food zone, cash & carries and the general trade....from: Gumtree ZA - 9 days ago
At least 1 to 2 years' experience as a retail cashier/ internal sales person, dealing with cash on a daily basis, preferably within a hardware environment....from: Indeed - 30+ days ago
SALES ASSOCIATE DUTIES | Sales Associate Job Description /\* EXAMPLE \*/ DD\_belatedPNG.fix('\*'); -- > The five categories of the retail sales associate jobfrom: Indeed - 8 days ago
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Cruelty Free Products
Dedicated to increasing demand for cork. At Corature we believe that fashion cannot only be cruelty free but also a cause for good.
The cork oak forests are some of the most biodiverse forests on the planet. They protect the land from desertification, they are home to several endangered species, and they take in over 12 million tons of CO2 every year! In our mind they are something worth fighting for.
Cork oaks are not cut down when the bark is harvested. In fact, it is the only tree in the world where the bark can be completely stripped and it doesn't hurt the tree!
By choosing cork you are joining us in our mission to increase its use in not only fashion but all industries. Increased demand for cork protects these vital forests and ensures that they survive and are maintained for years to come.
Choose to use cork!
Corature donates a portion of sales to The Rainforest Alliance
- Items Ship worldwide from North Carolina, USA


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Good day to remind folks that ISIS doesn't represent Islam any more than Dylann Roof represents Christianity. Hate is its own religion.
Before empathizing w/ Melania for being screwed by a writer, keep in mind she told folks she wrote it. She's either a plagiarist, or a liar.
Well, this is cool. And creepy. Old photos turned into gifs: imgur.com/gallery/HvLqF
It'd be nice if we devoted the same resources to finding 200 missing girls as we do a plane at the bottom of the ocean.


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- June 15, 2016
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October 18, 2016
Published by editor at October 18, 2016
Auto-trail motor homes are very popular to travel with, in part because they are large, spacious, and extremely comfortable. Whether you are traveling with only one […]
August 5, 2016
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If you're considering having DAS training, it's helpful to know a few things about the process. First, you'll need to be 24 or older to get […]
June 15, 2016
Published by editor at June 15, 2016
The European Grand Prix is finally back to the F1 world since its hiatus in 2013. This year, the event rolls into Azerbaijan on June 19th, […]
February 27, 2016
Published by editor at February 27, 2016
Taking a road trip often invokes images of a dusty, rural road. While this may be the ideal for some, you should definitely consider building a […]
January 20, 2016
Published by editor at January 20, 2016
In the very most magnificent ways, a motorbike expands your world. You are going to see a whole new side of London, navigating through it on […]
January 5, 2016
Published by editor at January 5, 2016
The mom who is on the go with the transporting of the kids to various sports activities must have a vehicle that she can rely on. […]
December 3, 2015
Published by editor at December 3, 2015
"Your money is your business and your identity and your life. You can't live without. How are you going to buy all the things you need […]
December 1, 2015
Published by editor at December 1, 2015
The Dodge Charger has been a vehicle of choice by many for several years. It has often been noted as the muscle car, yet by many […]
November 30, 2015
Published by editor at November 30, 2015
The situation can occur at just about any time. Perhaps you just stepped outside the door to check on something or talk to a neighbor and […]
November 18, 2015
Published by editor at November 18, 2015
The end result of purchasing a new car should leave you happy and with a sense of completion. During the process, most people experience several emotions, […]


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There has been a challenge on at the gym that finished last week. I have been working with my new Personal Trainer, Hamish Young, and these are the results we've achieved together during the last 12 weeks as we've gotten to know each other.
The weight difference in the photos is 10 kilos,
Hamish has been very good for me and finally I'm learning to take control of my own meal planning (previously if it wasn't a 12WBT recipe and on the 12WBT shopping list, I didn't cook it). I've taken the tools the 12WBT program has given me and I'm starting to transition into creating my own meals. Taking control of my own food choices. These meals are healthy, in the correct portion sizes, and are my own creations. I cook extra stuff for the rest of the family (rice/chips/pasta, etc) and keep my food pretty tight in order to continue my weight loss journey.
We have a new 6 week challenge at the gym, starting Monday, which I've signed up for. I'll get a body composition scan as part of that challenge and will start working out an achievable and realistic goal weight to work towards.
I am now back to within a kilo of the lowest I reached on the 12WBT program before moving / renovating / buying / selling, which I am absolutely thrilled with. Once again my BIO on my blog reads correctly - I am back over 35 kilos lost!
Whether the goal remains around 15 kilos remains to be seen. Hamish and I are going to have a discussion about what's realistic and achievable once I have my scan and then it'll be head down with determination until I get there.


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Wildlife officials: fawns ok without human interference
With the official start of summer, white-tailed deer fawns begin appearing in Mississippi. The Mississippi Department of Wildlife, Fisheries, and Parks advises people to leave fawns alone.
"In late June we begin receiving many calls and reports that someone has found a fawn" said MDWFP Deer Program Biologist William T. McKinley. "We always tell people the same thing - Leave the fawns alone."
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|Home | About | Journals | Submit | Contact Us | Français
The cumulative rate of childhood eczema during the first three years was studied in a birth cohort of 1265 New Zealand infants. A parental history of eczema was the strongest predictor of rates of childhood eczema but parental asthma was also related to childhood eczema. Children exposed to an early diverse solid-food diet also had increased risks of eczema, but there was no evidence to suggest that breast-feeding practices had any effect on rates of eczema. Analysis of the data suggested that the apparent association between exclusive breast-feeding and reduced rates of eczema reported in previous studies may be because exclusively breast-fed infants were not exposed to early solid feeding rather than to any beneficial effect of breast milk itself.
PubMed Central Canada is a service of the Canadian Institutes of Health Research (CIHR) working in partnership with the National Research Council's national science library in cooperation with the National Center for Biotechnology Information at the U.S. National Library of Medicine(NCBI/NLM). It includes content provided to the PubMed Central International archive by participating publishers.


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10:50 Jul. 12, 2016
Members of separatist "Vostok" battalion in occupied Donetsk, May 29, 2014 (UNIAN Photo)
30-year-old served in Donetsk "Vostok" battalion, which fought against government forces
A Russian militant, who had fought alongside the separatists in occupied Donetsk, surrendered to the Ukrainian forces on July 11.
The 30-year-old reportedly served in the Vostok battalion, Ukraine's border patrol reported.
Read also: Ukrainian soldiers capture Russian mercenaries in Donbas warzone
The militant, who lived in the city, allegedly had a violent disagreement with the so-called local police. The tensions escalated and he used his weapons during the conflict, the message said.
After that the man decided to flee Donetsk and surrender. He was dressed as a civilian when he arrived at the checkpoint in the government-held town of Mariinka, around 25 kilometers west of Donetsk.
Read also: Ukraine has captive Russians that can be exchanged for detained Ukrainians – Feygin
He showed passports of the Russian Federation and the self-proclaimed South Ossetia when he was interrogated.
After the preliminary procedures were done, the man was transported to the department of the National Police, which will investigate his case.


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The S7 is a beautiful and well thought out device. It's intuitive, advanced and definitely a looker. It's improved in many ways since the rest of its Samsung Galaxy family and definitely, gives other devices a run for their money. But after having joined Apple in having a non-removable battery and its entirely internal based memory in the S6 flagship series, Samsung has listened to their criticisms and given into one of our demands and has granted the great return of external memory. So we can all take in a huge deep breath of relief!
With a sufficient 32GB internal memory plus the option to add up to an extra whopping 200GB via SD card (and lots of additional through cloud storage), you can't deny that Samsung has vastly improved the Samsung Galaxy flagships which were already impressive before!
(image via Android Central)
The only downside in terms of memory for the Samsung Galaxy S7 and S7 Edge is the lack of "adoptable storage". This means that even though you have much more storage (depending on your SD memory card size) and is generally used in the same fashion as previous S Series models, you have two separate storage units rather than being able to create one large memory area or space like in the past.
Samsung has also made it so you can only move certain apps and not others to your external storage space, which can be fairly annoying. Instead, they have chosen to store any media files such as videos or images to your external space by default.
Within the S7 models, the SD card is stored in the same card tray as the sim card. As a result, it means that every time you'd like to do some media transfers between devices, you have no choice but to take your sim card out also, which is a huge hassle if you'd like to receive and make calls when doing this.
Now, what does this mean for the future Samsung Galaxy flagship, S8 Series (based on rumours, of course)? Bigger internal memory, starting from 64GB and 128BG, to have an adoptive memory function and hopefully a separate sim tray.
However, it isn't just the internal memory that could be due a change… expandable dual micro SD cards is a rumoured (but great, not to mention, deeply anticipated) feature which will allow users to have two sd cards instead of one. Yes, you heard right! Two. Seems Samsung really wants to help us out with storage issues if this is true!
Will all this happen? Possibly. Should be excited? Definitely! Time will tell if it does, so hang about and check up on our blog for any future updates!
Posted By:
Danny Butler on Thursday, July 14, 2016 · Leave a Comment
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Today we learned just how determined Toyota is to integrate a more powerful and emotional design language into their lineup. The next-generation Toyota Prius, which was originally due out in early 2015, will be the first car to showcase that new style.
Unfortunately, we've learned today that the original design for the Japanese automaker's iconic hybrid hatchback didn't meet the cut, and so the launch of the next-generation Prius has been delayed by almost a year. If everything goes smoothly from here on out, we'll have the new Prius by this time next year, but nothing is guaranteed just yet.
The news comes from an interview between Automotive News and Toyota's executive VP, Mitsuhisa Kato, plus a couple other unnamed execs cited throughout the article. According to insiders, this is how the decision to delay the new Prius was made:
The chief engineer in charge of developing the next Toyota Prius brought the original design for the hybrid hatchback to an executive meeting late last year. That's when Kato, backed by the opinion of Mr. Akio Toyoda himself, rejected the design for not meeting the cut. The report indicates that there were several other issues with the original car's design outside of pure aesthetic appeal, but at the same time that there was no way they'd release a new Prius that didn't have a feeling like a "fresh breeze".
Toyota originally planned to promote the next-generation previous throughout 2014. However, it was only in April of this year that the design was approved at a corporate level. That's why we've only seen one single concept that heralds the Prius, and even that was an indirect application. We're talking about, of course, the Toyota C-HR Concept pictured above, which we saw earlier this year at the 2014 Paris Motor Show. We know that the C-HR previewed a hybrid crossover (the Prius will remain a hatchback; don't worry), but the "diamond architecture" of the concept will carry over to the new Prius.
We certainly don't blame Toyota for taking their time with this one – not only is the Prius one of their best-selling models with over 1 million units sold in 2013 (for the second year in a row), it's also the first production model that to utilize Toyota's new "diamond architecture" design language, which we're assuming will permeate the rest of the lineup over the next five-ish years. A successful launch for the new Prius would mean that Toyota is succeeding in expanding their appeal to the hipper, more emotionally-driven drivers of today.


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Shop By Color
It Began With Five Colors
Developed in the 1930s and a favorite ever since, Fiesta is an American original. This iconic brand has grown to include over 40 colors from soft pastels to brilliant jewel tones. From the heart of Newell, West Virginia to tabletops worldwide, this generation-spanning collection has a story as rich as its color palette.
Known for bold color and resilience, Fiesta dinnerware lets you set a brilliant table in any color you want. With an open stock model, you can pick and choose the pieces you need including dinner bowls, dishes and classic Fiesta mugs. Plus, you can create a collection of Fiesta flatware, bedding or serving trays.
Created in an art deco style, Fiesta dishes have embodied clean lines and utilitarian beauty since 1936. Update your grandmother's table with new colors and durable, modern materials. Choose from new colors like Poppy, Lapis and Paprika and create new Fiesta family heirlooms.


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Parkvilla Appartements Bad Hofgastein: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Bad Hofgastein, Austria.
Situated amongst a variety of well-known tourist attractions, shops and eateries, Parkvilla Appartements Bad Hofgastein is ideal for guests wanting to discover Bad Hofgastein and its surroundings. It features a gym, as well as an airport shuttle, bicycle rental and allergy-free rooms.
Hotel description
There are 4 apartments at the property, each offering all the essentials to ensure a comfortable stay. There are also several apartments available for families.
Parkvilla Appartements Bad Hofgastein is within a 10-minute walk of Alpen Therme Gastein. Bad Gastein and St. Johann im Pongau are also a short car ride away.
Hotel features
Bicycle Rental
Fitness Room/Gym, Golf Course, Casino, Garden
Airport shuttle
Allergy-Free Room Available
Availability and Prices
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Per room
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Users who viewed Parkvilla Appartements Bad Hofgastein also viewed these 4 stars Bad Hofgastein hotels:
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Dr. Zimmermannstrasse 2, Bad Hofgastein
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Kurpromenade 14, Bad Hofgastein
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This charming two bedroom bungalow is set on a cul-de-sac road in the popular village of Wooburn Green, within 3 miles of Beaconsfield New Town and approximately 2 miles of the Thames side village of Bourne End. The location offers local amenities and shops within a quarter of a mile level walk as well as being within 3 miles distant of Beaconsfield train station providing a direct link to London Marylebone. Equally Bourne End train station is located within 2 miles providing a service to London Paddington.
The property comprises an entrance hall granting access to all living areas of the home. The dining/sitting room offers a comfortable living space with triple aspect windows allowing for light to enter the room throughout the day. There are two storage cupboards usable from the entrance hall. This property offers two bedrooms, bedroom 1 to the front aspect and bedroom 2 to the rear aspect of the home. The kitchen offers a range of fitted units and appliances as well as a view out to the garden. In addition there is space for a breakfast table in the kitchen and access to the garden through a side door. The family bathroom has a seperate shower and bath.
Positioned within a quarter of a mile of The Green and approximately 2.5 miles from Beaconsfield New Town this bungalow offers a great semi-rural location. The Green is surrounded by a number of amenities including a Tesco Express, doctors surgery, dentist and public houses along with nearby Wooburn Park with playground and tennis courts. Public footpaths provide access through fields to local woods.
Beaconsfield provides a further variety of amenities, shops and restaurants as well as a direct link to London Marylebone with the fastest train taking approximately 25 minutes. In addition Bourne End provides a train service to London Paddington. Frequent bus services are available to Bourne End, High Wycombe and Maidenhead. The M40 motorway can be accessed nearby providing connections to the national motorway network and airports. The area is well served for sporting and recreational pursuits and is renowned for schooling both state and private.
The property comes with off road private parking. There is a garden to the rear of the property, accesible both from the kitchen and a side gate from the front garden. Furthermore there is a shed in the garden and a terraced area surrounding the property. The garden features several mature bushes and hedges.
2 Bedrooms
Family Bathroom with Seperate Shower and Bath
Sitting/Dining Room
Private Parking
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Form filling jobs for students in india. Data Entry Part time online Job 2016-17 in Coimbatore, Bangalore, Pune, Mumbai
Item Details:
- Indian City: Bangalore
- Address Map: Bangalore, India
- The Job Opening is Published By: Independent Consultant
- Postal Code: 560001
- State: Karnataka
- Main Keywords of the Ad: Form Filling, Data Entry, Part time jobs,
- This Ad is Meant For-: India
- Expires: 201 days, 20 hours
Item Description:
Form Filling, Data Entry, Part time jobs in 2016-17 in Coimbatore, Bangalore, Pune, Mumbai, India
Form filling jobs- You will be given all the forms in a file. You need to fill the required details in them. Most of the forms need to be filled with data. Every form has some specific fields and you need to input the required details which will be given to yuu in a separate data file.
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No time bound target.
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For the Form filling Job in Bangalore Contact @9098892005
To get form filling part time jobs in Coimbatore Contact Kuberan @7871955715
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Where to find more types of form-filling jobs on the Internet?
You can search on the top job Search engines in India for such kind of vacancies for work from home online work. You should visit popular job websites to get daily updates about such types of projects. These kind of vacancies are found on temporary basis. So, you should contact the recruiter as soon as possible whenever the new openings for form filling work are published online.
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Another way, and the best one, is to register (free) on freelancer websites for form-filling projects where you can bid on open projects. You will get paid directly into your account just after you submit the work successfully to your client.
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One Response to "Form filling jobs for students in india. Data Entry Part time online Job 2016-17 in Coimbatore, Bangalore, Pune, Mumbai"
Our organization is looking for candidates for completing the form filling task . We have several form filling projects for the Indian Ration card filling & editing work process.
We will give RS.10 for each form filled.
Direct sign up to government.
For more information please contact us here at E–Mail :- firstname.lastname@example.com
or Call at Contact no :- 8015534810
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This collection of Fine Art Pages coordinates with our Great Artists (Set B) collection. Includes 2-4 works per artist. Includes Monet, Renoir, Gauguin, van Gogh, Seurat, Matisse, and Picasso. (Unfortunately we are unable to include Dali because his works are not in the public domain)
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February 14, 2008
BARBARA KANOFF, PLAINTIFF,v.BETTER LIFE RENTING CORP. AND LEFRAK ORGANIZATIONS, INC., DEFENDANTS.
Before the Court is a motion to dismiss, or in the alternative, to stay and to compel arbitration filed by defendants Better Life Renting Corp. ("Better Life") and Lefrak Organizations, Inc. ("Lefrak")(collectively, "Defendants"). Defendants seek, in this motion, to dismiss and to compel Plaintiff Barbara Kanoff ("Plaintiff") to arbitrate her employment-related discrimination claims under the New Jersey Law Against Discrimination (the "NJLAD") based upon an Arbitration Agreement (the "Agreement"). The Court held oral argument on December 19, 2007, wherein the Court addressed the majority of Plaintiff's arguments in regard to the enforceability of the Agreement. The Court also requested the parties to further brief the question of whether SPD Services Corp. ("SPD"), a signatory to the Agreement, is an affiliate of Better Life within the meaning of the Agreement. After reviewing correspondence from the parties on this issue, the Court is satisfied that the Arbitration Agreement is enforceable, and for the reasons set forth herein, Defendants' motion is GRANTED and Plaintiff's claims are DISMISSED without prejudice.
As the Court has extensively recounted the facts of this case during oral argument, it will only recount relevant facts here. Plaintiff alleges that she was employed as a rental agent at Harrison Towers, an apartment complex in Somerset, New Jersey, from 1998 to April 2007, by Michael Bass of Better Life. Plaintiff concedes that when she was hired, she knew that the building was owned by defendant Lefrak, a large family-owned entity that erected and rented apartments, primarily in New York and New Jersey, and that Better Life administered Lefrak's apartment rentals in New Jersey. Plaintiff alleges that she dealt solely with Mr. Bass throughout her employment.
In or around May 2004, Plaintiff received a request to sign the subject Arbitration Agreement. The Agreement specifically provides that it covers: all Employment Disputes between you and the Company, whether occurring before, on the date of, or after the execution of this Agreement, and includes, but is not limited to, claims or allegations concerning wages or compensation . . . discrimination, harassment or retaliation (including . . . claims or allegations of discrimination on the basis of race, sex, color, national origin, sexual orientation, age, religion, creed, marital status, veteran status) . . . or any alleged violation of any federal, state, or other governmental law, statute or regulation, including . . . the New Jersey Law Against Discrimination . . . .
See the Agreement at 2. The Agreement provides for arbitration of "Employment Disputes," which is defined to include "any claim, controversy or dispute arising out of, or relating to [Plaintiff's] employment, the terms and condition of employment or the termination of that employment." Id. at 1. The term "Company," which is listed as SPD, is defined as Plaintiff's "employer and any of its affiliates, parents, subsidiaries and owners, together with its or their respective past, present of future officers, directors, employees, shareholders, principals, partners, limited liability company members, trustees, spouses, heirs . . . ." Id. Furthermore, the paragraph immediately above Plaintiff's signature states that by signing the Agreement, Plaintiff would agree that "in consideration for [her] employment and continued employment, [she] agree[s] to all provisions of this Agreement. This includes the requirement that any Employment Dispute should be submitted to final and binding arbitration." See Farrelly Decl., Exhibit C. Plaintiff would also be "waiv[ing] any rights [she] may have to bring a lawsuit against the Company and to a jury trial . . . ." Id. Plaintiff signed the Agreement.
Approximately three years later, Plaintiff was terminated from her job, and she initiated the instant suit alleging that Defendants terminated her employment as a result of age discrimination in contravention of the NJLAD. Pursuant to the Agreement, Defendants move the Court to compel Plaintiff to arbitrate her discrimination claims. In response, Plaintiff offered the Court various contractual arguments why the Agreement should not be enforced. Specifically, Plaintiff argues that the Agreement (1) is not enforceable as a matter of law because there was inadequate consideration in exchange for Plaintiff to sign the Agreement; (2) is not enforceable because it is a contract of adhesion; (3) is not a valid waiver because it does not specifically cover disputes arising out of the NJLAD and does not provide that she waived her right to a jury trial; and (4) is not enforceable because it is not between her and her employer.
On December 19, 2007, the Court held an oral argument with the parties. In that hearing, the Court addressed all of the issues (outlined above) raised by Plaintiff except one, and as to that issue, the Court requested the parties to submit further briefing. Specifically, with regard to Plaintiff's lack of consideration claim, I held that continued employment was sufficient consideration to support an arbitration agreement between Plaintiff and her employer. See Hogan v. Bergen Brunswig Corp., 153 N.J. Super. 37, 43 (App. Div. 1977); Zellner v. Conrad, 183 A.D.2d 250, 256 (N.Y. App. Div. 1992). Next, I found that while the Agreement was arguably a contract of adhesion, pursuant to the holdings set forth in Martindale v. Sandvik, Inc., 173 N.J. 76, 91-92 (2002) and Gilmer v. Interstate/Johnson Land Corp., 500 U.S. 20, 33 (1991), this fact alone does not invalidate the Agreement. I reasoned that "[m]ere inequality in bargaining power . . . is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context." Gilmer, 500 U.S. at 33. There must be more egregious conduct from the employer than ordinary economic pressure faced by every employee who needs the job. Young v. Prudential Insurance Company of America, 297 N.J. Super. 605, 621 (App. Div. 1997). Moreover, the employment application was not offered on a take-it-or-leave-it basis. Defendants gave Plaintiff an opportunity to consult with an attorney before signing the Agreement. Nothing in the record indicates that the terms of the Agreement were oppressive or unconscionable. Absent a showing of fraud or oppressive conduct, I found the Agreement enforceable. See Martindale, 173 N.J. at 91-92 (New Jersey courts have held on "numerous occasions that agreements to arbitrate are not violative of public policy . . . [r]ather, the affirmative policy of this State, both legislative and judicial, favors arbitration as a mechanism of resolving disputes"). Finally, I found that language of the Agreement clearly encompassed the employment dispute at issue, namely, age discrimination under the NJLAD.
During oral argument, Plaintiff's counsel vehemently argued that because SPD and Better Life are not affiliates, or related, within the definition of "Company," Plaintiff did not sign an arbitration agreement with her employer, Better Life. Plaintiff argued that the Agreement is only enforceable to the extent that employment disputes were with SPD and its affiliates, and because there is no relationship between Better Life and SPD, the Agreement does not control. The Court instructed the parties to further brief this issue, and requested Defendants to submit proof that SPD and Better Life are affiliates.*fn1 Since the hearing, the Court has received correspondence from both parties. The Court will now address whether SPD and Better Life are within the definition of the "Company" under the Agreement.
"[A]rbitartion is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit." AT&T Tech., Inc. v. Communications Workers of Am., 475 U.S. 643, 648 (1986)(citations omitted); see also Laborers' Int'l Union of N. Am. v. Foster Wheeler Corp., 868 F.2d 573, 576 (3d Cir. 1989)(per curiam). "The question whether the parties have submitted a particular dispute to arbitration . . . is an issue for judicial determination [u]nless the parties clearly and unmistakably provide otherwise."Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 183 (2002)(citations omitted); see also Laborers' Int'l Union of N. Am., 868 F.2d at 576. When determining whether the parties entered into a valid arbitration agreement, the court "decides only whether there was an agreement to arbitrate, and if so, whether the agreement is valid." Great W. Mortgage Corp. v. Peacock, 110 F.3d 222, 228 (3d Cir. 1996)(citing 9 U.S.C. § 2). The "court is not to consider the merits of the claims giving rise to the controversy, but is only to determine . . . whether there is a valid agreement to arbitrate." Id. If the court finds there is an agreement to arbitrate, the disposition of the merits is left to the arbitrator. Id.
The Third Circuit has set forth a two-prong inquiry for courts to use when determining whether to compel arbitration. Under this two-prong test, the questions posed are: "(1) Did the parties seeking or resisting arbitration enter into a valid arbitration agreement? (2) Does the dispute between those parties fall within the language of the arbitration agreement?" John Hancock Mut. Life Ins. Co. v. Olick, 151 F.3d 132, 137 (3d Cir. 1998) (citations omitted). Additionally, "when considering a motion to compel arbitration which is opposed on the ground that no agreement to arbitrate had been made between the parties, [the court] should give to the opposing party the benefit of all reasonable doubts and inferences that may arise." Par-Knit Mills v. Stockbridge Fabrics Co., 636 F.2d 51, 54 (3d Cir. 1980). Moreover, the Federal Arbitration Act ("FAA") specifically "permits states to regulate contracts, including contracts containing arbitration agreements under general contract principles; therefore, an arbitration clause may be invalidated 'upon such grounds as exist at law or in equity for the revocation of any contract.'" Leodori v. Cigna Corp., 175 N.J. 293, 301 (2003)(quoting Martindale, 173 N.J. at 85); see Gay v. Creditinform, 511 F.3d 369 (3d. Cir. 2007)(courts are to look to state contract principles when interpreting arbitration agreements).
However, questions of arbitrability "must be addressed with a healthy regard for the federal policy favoring arbitration." Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24 (1983). If the scope of an arbitration agreement is ambiguous, the FAA "establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration." Id. at 24-25. As the parties have cited to New Jersey substantive contract law, the Court shall apply applicable New Jersey state law principles to evaluate the Agreement.*fn2
To begin, the Court notes that the Agreement defines the "Company" as Plaintiff's "employer and any of its affiliates, parents, subsidiaries and owners, together with its or their respective past, present of future officers, directors, employees, shareholders, principals, partners, limited liability company members, trustees, spouses, heirs . . . ." See the Agreement at 1. While "a non-signatory cannot be bound to arbitrate unless it is bound 'under traditional principles of contract and agency law' to be akin to a signatory of the underlying agreement," E.I. Dupont de Nemours & Co. v. Rhone Poulenc Fiber & Resin Intermediates, S.A.S., 269 F.3d 187, 194 (3d Cir. 2001) (citing Bel-Ray Co. v. Chemrite Ltd., 181 F.3d 435, 444 (3d Cir. 1999)), the Third Circuit has recognized that an intended third party beneficiary of an arbitration agreement may be bound by the agreement's terms; "whether seeking to avoid or compel arbitration, a third party beneficiary has been bound by contract terms where its claim arises out of the underlying contract to which it was an intended third party beneficiary." E.I. Dupont, 269 F.3d at 195. Thus, here, it follows that since SPD is the signatory on the Agreement, Better Life would have to be an intended third-party beneficiary to enforce the contract. See Parilla v. IAP World Wide Services VI, Inc., 368 F.3d 269, 274-75 (2004).
Plaintiff essentially argues that Better Life is not a third-party beneficiary because it is not an "affiliate" of SPD. Plaintiff further asserts that, as an affiliate, SPD would have to own Better Life by less than majority of its shares or any other means of control. She cites to the Chillmark case to support her legal proposition. The Chillmark court explained that an affiliate is "a corporation that is related to another corporation by shareholdings or other means of control; a subsidiary, parent or sibling company." Chillmark v. Partners, LLC v. MTS, Inc., No. 02-5339, 2007 WL 1964408, at *3 (N.D. Ill. Apr. 25, 2003). This accords with the Black Law Dictionary's definition of "affiliate." See Black Law's Dictionary 63 (8th ed. 2004)(same definition). While an affiliation between two corporations depends partly on control, having common ownership satisfies such requirement. Indeed, the Court in Cold Stone Creamery, Inc. v. Lenora Foods, LLC, No. 07-0303, 2007 WL 4336064, at *2 (N.D. Fla. Dec. 8, 2007), held that two companies that are owned by the same person are "plainly affiliates." Id. Here, SPD and Better Life have such common ownership. SPD is wholly owned by Richard S. LeFrak. See Lehman Decl. at ¶ 2. Better Life is wholly owned by Mid State Management Corporation, which, in turn, is wholly owned by Richard S. LeFrak. Id. at ¶ 3. Therefore, Mr. LeFrak owns both companies. The Court finds that by the express terms of the Agreement, SPD and Better Life are affiliates by virtue of Mr. LeFrak's ownership.
Moreover, under New Jersey law, "[t]he standard applied by courts in determining third-party beneficiary status is whether the contracting parties intended that a third party should receive a benefit which might be enforced in the courts." Rieder Cmtys. v. N. Brunswick, 227 N.J. Super. 214, 222 (App. Div. 1988) (internal quotations omitted). "[T]he intention of contracting parties to benefit an unnamed third party must be garnered from an examination of the contract and a consideration of the circumstances attendant to its execution." Id. It is clear to the Court that when the parties entered into the Agreement, the intended purpose was to provide for arbitration procedures in the event that Plaintiff brings claims regarding her employment against Better Life. As explained during the hearing, the parties stated SPD is the payroll company associated with Better Life. Plaintiff was paid through a payroll account administered by SPD. See Plaintiff's Cert. at ¶ 4. Plaintiff understood that Better Life and SPD are subsidiaries of Lefrak. See Plaintiff's Comp. at ¶¶ 3, 7; Plaintiff's Cert. at ¶ 2. In addition, Mr. John Farrelly, who signed the Agreement on behalf of SPD, is the head of human resources at both SPD and Better Life. Plaintiff also stated that during her employment, any communications that she had with regard to payroll (i.e., vacations, etc.) were with SPD; any other employment issues she dealt with Better Life. With that understanding, in May 2004, Plaintiff signed the Agreement which specifically sets forth that any "employment disputes" arising out of her employment shall be referred to arbitration. As a matter of common sense, Plaintiff knew that the Agreement referred to her employment, and in that regard she considered Better Life her direct employer and SPD as administering her payroll. Although Plaintiff argues post hoc that she didn't understand what she was signing or what rights she was relinquishing, Plaintiff failed to take the opportunity then to review the Agreement with an attorney when a reviewing period was provided to her. Similarly, it is reasonable to infer from the broad definition of "Company" in the Agreement that SPD drafted the contract to benefit not only itself, but as well Better Life and other related companies. Thus, based on a review of the circumstances surrounding the execution of the Agreement, and the language of the document, the Court finds that Better Life is an affiliate of SPD within the meaning of the Agreement and it was an intended beneficiary of the contract. See Gilmer, 500 U.S. at 25 (the employer does not need to sign an arbitration agreement for that agreement to be enforceable as to discrimination claims); see also In re Prudential Ins. Co. of America Sales Practive Litig., 133 F.3d 255, 229 (3d Cir.), cert. denied, 525 U.S. 817 (1998).
Plaintiff further suggests that the Court should not enforce the Agreement because when she signed the Agreement, she did not believe that the contract had any legal effect on her relationship with Better Life. Indeed, Plaintiff's own statements contradict her argument. In her Certification, Plaintiff explained that the reason she signed the Agreement was because the contract was handed to her by her supervisor, Mr. Michael Bass, and that she felt she had to sign the contract or else her job would be jeopardized. See Plaintiff's Cert. at 6. Clearly, Plaintiff felt at that time the Agreement pertained to her employment at Better Life. Nevertheless, the Court need not give weight to Plaintiff's subjective intent, rather, the Court looks to the plain meaning of contract language, and it unambiguously encompasses SPD's affiliate, Better Life, as a part of the Agreement. See Quigley v. KPMG Peat Marwick, LLP, 330 N.J. Super. 252, 266 (App. Div.), cert. denied, 165 N.J. 527 (2000) ("a contracting party is bound by the apparent intention he or she outwardly manifests to the other party"(citations omitted)); Booth v. 3669 Delaware, Inc., 662 N.Y.S.2d 642, 643 (N.Y. App. Div. 4th Dept. 1997).
Plaintiff also incorporates a policy argument in connection with her claims brought under the NJLAD. She argues that while the right to a trial by jury even under the NJLAD may be waived by plaintiff in favor of arbitration, in order for that waiver to be valid it must be clearly and freely given because the strong public policy in New Jersey favoring jury trials in discrimination cases. Notwithstanding the fact that this Court has already found that Plaintiff had clearly and freely given her assent by signing the Agreement and the Agreement satisfies the requirements set forth by New Jersey law, by agreeing to arbitrate a statutory claim, "[Plaintiff] does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum. It trades the procedures and opportunity for review of the courtroom for the simplicity, informality, and expedition of arbitration." Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 628 (1985). Moreover, this Court is guided by the Third Circuit's holding in Seus that district courts may only refuse to compel arbitration on the basis of "a generally applicable principle of contract law under which the agreement could be revoked," Seus v. John Vuveen & Co., 146 F.3d 175, 183 (3d Cir. 1998), not on the basis of a particular state's public policy.
Accordingly, as Defendants have requested the Court to compel arbitration by dismissing Plaintiff's claims and Plaintiff did not request a stay of the proceedings, the Court will dismiss Plaintiff's claims without prejudice.
The Honorable Freda L. Wolfson, United States District Judge
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Ben Crenshaw Writes Foreword to 100th Anniversary Color eBook of The Golf Courses of the British Isles(May 15, 2012)
Boston, Massachusetts (PRWEB) May 15, 2012
Tri-Horn International announces the publication of one of golfs finest literary and art collaborations, the Commemorative eBook Edition of The Golf Courses of the British Isles* (GCBI). Amongst golfers, golf historians and course architects GCBI holds a unique place in golfing history. Written by Bernard Darwin, (the naturalists grandson), with paintings by Harry Rountree, this eBook displays their work in a unique and accessible way. Ben Crenshaw, the noted player, historian & architect, prefaces the current edition with a Foreword.
A niche publisher of golf and outdoor books, Tri-Horn International has carefully restored each of Rountrees 64 diverse course paintings & charcoals. The paintings and prose bring the reader on a journey throughout England, Ireland, Scotland & Wales during a time when the game was growing rapidly, both there and across the Atlantic. This color eBook makes Rountree's paintings and Darwin's writing accessible in a unique & ineractive way.
Crenshaw notes, the paintings by Harry Rountree are simply outstanding. Rountrees color palette & style evoke what can be described as realistic impressionism. Golfers may find that he captures these lost & legendary courses, golfing moments, as well as the golfing environment in ways they have experienced themselves. Crenshaw also notes, as a practicing golf course architect myself, I find this book insightful in describing the concepts of strategic design. Bernard Darwin had a wonderful feel for what makes a good golf hole. This was second nature to him, so in a way, this book is his textbook for golf course architecture.
Rountrees diversity of paintings throughout the book provide many interesting windows into the game as it was played during this period of the games development.
Bernard Darwins writing exemplifies why he was more than Europes golf historian from 1900-1960. It is also curious that he grew up with his grandfather, the evolutionary theorist & biologist Charles Darwin. The artwork of Harry Rountree, and the prose of Bernard Darwin remain open to many current discussions in the golfing, course architecture and art worlds.
Many golfing eBooks have been published recently, including "Golf My Way" by Jack Nicklaus and "Golf is Not a Game of Perfect" by Dr. Bob Rotella.
Now available on Apple's iPad, Kindle Fire, Nook Color, Windows 8, Android and iPhone devices.
Contact the Publisher for samples, or download samples at Amazon.com, Apple's iBookstore and BN.com. See links above.
Read the full story at http://www.prweb.com/releases/2012/5/prweb9507093.htm.
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Related Keywords:sports event, sports disciplinary action, sports awards, sport, sports organisations, lifestyle and leisure, lifestyle (house and home), plastic art, entertainment award, entertainment (general), arts (general), arts, culture and entertainment


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Fresh Air
Fresh Air with Terry Gross is weekday magazine of contemporary arts and issues with intimate conversations and unusual insights.
Recent Episodes
Remembering Actress Patty Duke
Duke won an Oscar for her portrayal of Helen Keller in 1962's 'The Miracle Worker.' She died Tuesday at the age of 69. She spoke to Terry Gross in 1988. Also, novelist Vendela Vida discusses her novel 'The Diver's Clothes Lie Empty,' about the sense of dislocation that often comes with traveling to another country. Film critic David Edelstein reviews the Miles Davis biopic, 'Miles Ahead.'
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Pitchers of all ages are increasingly blowing out their arms and needing what's known as Tommy John surgery. Sports writer Jeff Passan discusses his new book 'The Arm.' Jacob Bernstein is the director of the new HBO documentary about his mother, late writer and director, Nora Ephron (Heartburn, When Harry Met Sally). It's about her life, her writing and her fatal illness, which she kept secret from almost everyone.
Ray Romano
Ever since 'Everybody Loves Raymond,' the actor says he's been trying to take on more dramatic roles. In the HBO series 'Vinyl' he plays a record company executive who contemplates suicide.
'Girls & Sex' And The Importance Of Talking About Pleasure
Author Peggy Orenstein says that when it comes to sexuality, girls hear that "they're supposed to be sexy, they're supposed to perform sexually for boys, but ... their sexual pleasure is unspoken." Orenstein discusses the effect hook-up culture, porn, and pop stars have had on girls' lives. Then, commentator Sarah Hepola says after years of complaining about hate on the Internet, she became part of the problem.
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According to Adam Hochschild, about 2,800 Americans fought in the Spanish Civil War, and some were bombed by Nazis years before the U.S. entered World War II. His new book is 'Spain in Our Hearts.' John Powers reviews the French film 'My Golden Days.'
Comic Michael Ian Black lays bare his insecurities in his new book, 'Navel Gazing: True Tales of Bodies, Mostly Mine (But Also My Mom's, Which I Know Sounds Weird.)' He talks about family, masculinity and vanity. Ken Tucker reviews the latest album from country icon Loretta Lynn, and Regina King shares her experience going from a teen actor on '227' to landing roles in 'Boyz n the Hood' and 'American Crime.'