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May 7, 2009
ROSE BALDWIN, MICHAEL BALDWIN, SHANDLE T. B. HANKINS AND AARON P. HANKINS PLAINTIFFS,v.HYATT CORPORATION DBA HYATT REGENCY MAUI RESORT & SPA, A DELAWARE CORPORATION, AND MAUI BOAT CO., A DELAWARE CORPORATION, DEFENDANTS.
In the matter of HYATT CORPORATION dba HYATT REGENCY MAUI RESORT & SPA, a Delaware corporation, as pro hac vice owner, and MAUI BOAT CO., a Delaware corporation, as owner of M/S KIELE V, O.N. 628114, for exoneration from or limitation of liability.
Examination of the above-entitled actions reveals that these actions are related within the meaning of E.D. Cal. Local Rule 83-123. Accordingly, the assignment of the matters to the same judge and magistrate judge is likely to affect a substantial savings of judicial effort and is also likely to be convenient for the parties.
The parties should be aware that relating the cases under Local Rule 83-123 merely has the result that these actions are assigned to the same judge and magistrate judge; no consolidation of the actions is effected. Under the regular practice of this court, related cases are generally assigned to the judge and magistrate judge to whom the first filed action was assigned.
IT IS THEREFORE ORDERED that the action denominated 2:09- cv-01220-FCD-EFB be reassigned to Judge John A. Mendez and Magistrate Judge Dale A. Drozd for all further proceedings, and any dates currently set in this reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as 2:09-cv-01220-JAM-DAD.
IT IS FURTHER ORDERED that the Clerk of the Court make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.
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United States District Court, Eastern District of Pennsylvania
March 23, 2015
TYREEK M. MAXWELL, Plaintiffv.MICHAEL NUTTER, MAYOR OF PHILADELPHIA, et al., Defendants
This is a pro se civil rights action pursuant to 42 U.S.C. § 1983 brought by Tyreek M. Maxwell, against the Mayor of Philadelphia, its Police Commissioner, and an officer of its Police Department. In my Memorandum denying in part and granting in part the defendants' partial motion to dismiss, I struck the portion of the complaint which could have been construed as the Mayor and Police Commissioner being sued in their official capacities, and pursuant to Rule 19(a)(2) of the Federal Rules of Civil Procedure, I added the City of Philadelphia as a defendant. See Tyreek M. Maxwell v. Michael Nutter, et al., 2013 U.S. Dist. LEXIS 10787 (E.D. Pa. January 23, 2013). I also denied the motion to dismiss as to the Mayor and Police Commissioner in their individual capacities.
The defendants have filed a partial motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Mr. Maxwell has also filed a motion for summary judgment pursuant to Rule 56. For the following reasons, I will grant the defendants' partial motion in its entirety, and deny Mr. Maxwell's motion in its entirety.
The complaint alleges that on the evening of December 30, 2009, Philadelphia Police Officer William Moser shot Mr. Maxwell twice. Officer Moser claimed that he was justified in the shooting because he claimed that Mr. Maxwell had pointed a gun at him.
Mr. Maxwell attached to his motion for summary judgment the transcript of Officer Moser's testimony at Mr. Maxwell's preliminary hearing. Officer Moser testified that he was responding to dispatch radio calls concerning two possible murder suspects in his area of patrol in Philadelphia. Officer Moser spotted two individuals who matched the rather barebones radio description. He exited his vehicle to investigate, and after announcing that he was a police officer, ordered the two men to stop and place their hands on the wall. One gentleman complied. Mr. Maxwell did not. In fact, Officer Moser testified that Mr. Maxwell spun around toward him, placed his hand in his jacket pocket, and pulled out a revolver. In that split second, Officer Moser shot Mr. Maxwell twice. Mr. Maxwell's revolver flew out of his hand and landed into the adjacent house's yard. The gun was recovered shortly thereafter by a highway officer. See Document #23.
Mr. Maxwell was taken to Temple University Hospital for treatment of his gunshot wounds. The complaint alleges that he has suffered from "anxiety disorder, post-traumatic stress disorder, panic attacks, severe stress, anxiety, severe depression, flashbacks, and insomnia." See Compl. at 3.
Mr. Maxwell was arrested and charged with murder, attempted murder of a police officer, aggravated assault of a police officer, and carrying firearms in public. The murder and attempted murder charges were withdrawn, but Mr. Maxwell was found guilty of aggravated assault and carrying firearms in public. See Commonwealth v. Maxwell, CP-51-CR-0006371-2010. It appears from the docket that Mr. Maxwell received a one to two year sentence of imprisonment to run consecutively with the sentence he was serving at the time on unrelated charges. Id.
Mr. Maxwell brought this complaint pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights stemming from the December 2009 incident. In his summary judgment motion, Mr. Maxwell specifically confines his claims to excessive force against Officer Moser in violation of the Eighth[1] and Fourteenth Amendments, failure to train against the Mayor and Police Commissioner, and a Monell claim against the City of Philadelphia for failure to train. On February 9, 2012, I granted Mr. Maxwell's motion for appointment of counsel and directed the Clerk of Court to appoint an attorney from the Civil Rights Panel to represent Mr. Maxwell. Unfortunately, that attempt was unsuccessful and Mr. Maxwell chose to continue to proceed pro se in this action. See Documents #18 and 19.
Discovery in this action terminated on February 20, 2014. Mr. Maxwell sent the defendants discovery requests including interrogatories and document requests to which the defendants responded with objections. Mr. Maxwell filed no motions to compel after receiving the defendants discovery responses and objections. Further, he did not take the deposition of any of the defendants, and he has not taken the deposition of any representative of the defendants.
A court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). A dispute is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A factual dispute is "material" if it might affect the outcome of the case under governing law. Id.
A party seeking summary judgment always bears the initial responsibility for informing the court of the basis for its motion and identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Where the non-moving party bears the burden of proof on a particular issue at trial, the movant's initial Celotex burden can be met simply by "pointing out to the district court that there is an absence of evidence to support the non-moving party's case." Id. at 325. A party asserting that a fact is genuinely disputed must support the assertion by: citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations, admissions, interrogatory answers or other materials. Fed.R.Civ.P. 56(c)(1)(A). That is, summary judgment is appropriate if the non-moving party fails to rebut by making a factual 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, 477 U.S. at 322.
Under Rule 56, the court must view the evidence presented on the motion in the light most favorable to the opposing party. Anderson, 477 U.S. at 255. The court must decide not whether the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented. Id. at 252. If the non-moving party has exceeded the mere scintilla of evidence threshold and has offered a genuine issue of material fact, then the court cannot credit the movant's version of events against the opponent, even if the quantity of the movant's evidence far outweighs that of its opponent. Big Apple BMW, Inc. v. BMW of North Am., Inc., 974 F.2d 1358, 1363 (3d Cir.1992).
Because Mr. Maxwell proceeds pro se, his pleadings are liberally construed and, "however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." See Erickson v. Pardus, 551 U.S. 89, 94 (2007). Nonetheless, even a pro se plaintiff still has "the formidable task of avoiding summary judgment by producing evidence 'such that a reasonable jury could return a verdict for [him].'" Zilich v. Lucht, 981 F.2d 694, 696 (3d Cir. 1992) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).
Mr. Maxwell brought this complaint pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights. Under 42 U.S.C. § 1983, a private party may recover in an action against any person acting under the color of state law who deprives the party of his or her constitutional rights. Section 1983 provides in pertinent part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia subjects, or causes to be subjected, any citizen of the United States or other person . . . to the deprivation of any rights, privileges or immunities secured by the Constitution and law, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Thus, in evaluating § 1983 claims against municipal actors, the Supreme Court has set forth two threshold inquiries: "(1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States." Parratt v. Taylor, 451 U.S. 527, 535 (1981); see also Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999) (same); Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir. 1995).
1. City of Philadelphia
The City of Philadelphia was added as a defendant in this § 1983 action. A municipal body or other local governmental unit such as the City of Philadelphia, not part of a state for Eleventh Amendment purposes, may be a "person" subject to suit under 42 U.S.C. § 1983. Monell v. Dep't of Soc. Serv., 436 U.S. 658, 690-91 (1978) ("Congress did intend municipalities and other local government units to be included among those persons to whom § 1983 applies.") Such a municipality can be held liable for § 1983 violations when municipal employees, such as police officers, unconstitutionally apply an otherwise valid policy as a result of improper or inadequate training, or a "failure to train." See City of Canton v. Harris, 489 U.S. 378, 387 (1989). In order for a municipality's failure to train to be actionable under § 1983, it must amount to "deliberate indifference" to the rights of the persons with whom police officers come into contact, and it must be shown to be a part of city policy. Id. at 389-390.
However, it has been repeatedly held that a local government unit may not be subjected to § 1983 liability on a theory of respondeat superior. Board of Cnty. Comm'rs of Bryan Cnty., OK v. Brown, 520 U.S. 398, 403 (1997); City of Canton v. Harris, 489 U.S. at 392; Pembaur v. Cincinnati, 475 U.S. 469, 478-79 (1986); Monell, 436 U.S. at 691; Beck v. City of Pittsburgh, 89 F.3d 966, 971 (3d Cir. 1996). Rather, "a plaintiff seeking to impose liability on a municipality under § 1983 [is required] to identify a municipal 'policy' or 'custom' that caused the plaintiff's injury." Bryan County, 520 U.S. at 403; Beck, 89 F.3d at 971. In Bryan County, the United States Supreme Court elaborated on the showing required for municipal liability under § 1983, stating:
[I]t is not enough for a § 1983 plaintiff merely to identify conduct properly attributable to the municipality. The plaintiff must also demonstrate that through its deliberate conduct, the municipality was the 'moving force' behind the injury alleged. That is, a plaintiff must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights.
Id. at 404; see Kneipp v. Tedder, 95 F.3d 1199, 1213 (3d Cir. 1996).
Here, the evidence that Mr. Maxwell has adduced is insufficient under the holding of Bryan County. Mr. Maxwell has merely identified that the City has failed to train properly on the use of excessive force, without demonstrating that it was the moving force behind his injuries. Mr. Maxwell has produced no evidence of any custom, much less a permanent and well settled custom, that Defendant Philadelphia condoned or failed to train its police officers on the use of excessive force. Instead, the only evidence he produced in his summary judgment motion is limited to the transcript of Officer Moser's testimony at the preliminary hearing, and the medical records from his hospital treatment following the shooting. This evidence does not show a custom or policy, nor the requisite degree of culpability necessary to establish a Monell claim. Accordingly, I will grant the defendants' motion as to the City of Philadelphia, deny Mr. Maxwell's motion, and enter judgment in favor of the City and against Mr. Maxwell.
2. Mayor and Police Commissioner in Their Individual Capacities
In my Memorandum disposing of the defendants' motion to dismiss, I dismissed the Mayor and the Commissioner of Police to the extent that they were being sued in their official capacities. See Tyreek M. Maxwell v. Michael Nutter, et al., 2013 U.S. Dist. LEXIS 10787 (E.D. Pa. January 23, 2013). I further ordered, however, that they remain in this case in their personal capacities to allow Mr. Maxwell to explore the theories of individual liability for these two public officials.[2] Id.
Because of his pro se status, I instructed Mr. Maxwell that for him to be successful in his claims against the Mayor and the Police Commissioner in their personal capacities, he would have to show that these defendants were policymakers who established or maintained policies, customs, or practices which directly caused the constitutional harm to him, and that they did so with deliberate indifference to the consequences; or that these defendants personally participated in violating his constitutional rights, or directed others to violate those rights, or had knowledge of and acquiesced in the violations of their subordinates.
Notwithstanding this direction, Mr. Maxwell has adduced no evidence that Mayor Nutter or Police Commissioner Ramsey were policymakers with deliberate indifference to the harm they may have caused by their policy or custom. He further has not proved that these two officials participated in violating his rights, or that they directed others to violate them, or that they knew of and acquiesced in their subordinates' violations. His only attempt to prove the two officials' liability is to argue that they were "aware of the widespread corruption and use of excessive force by Philadelphia Police Officers, and instead of stopping it, did nothing to stop the use of excessive force and corruption." See Document #23 at ¶ 16. Without evidence, what remains are bald assertions against the Mayor and the Police Commissioner, which are insufficient for summary judgment. I find that the Mayor and the Police Commissioner in their personal capacities were not liable for Mr. Maxwell's alleged constitutional violations.
Accordingly, I will grant the motion for partial summary judgment as to the Mayor and Police Commissioner, and enter judgment on their behalf, and against Mr. Maxwell.
3. Officer Moser
Mr. Maxwell moves for summary judgment against Officer Moser "for excessive force, pain and suffering, as well as mental anguish." See Document #23 at ¶¶ 8 and 9. He argues that Officer Moser's testimony at the preliminary hearing proves that the officer shot Mr. Maxwell without justification and caused false and fraudulent criminal charges to be lodged against Mr. Maxwell to conceal the excessive use of force. See Document #23, Exh. B. Mr. Maxwell further argues that the officer's testimony shows that Mr. Maxwell was not in possession of a gun at the time he was shot by Officer Moser. After a careful review, however, I find that Officer Moser's testimony cannot provide the proof for which Mr. Maxwell had hoped. On the contrary, the uncontroverted testimony shows that, during an investigatory stop, Officer Moser was faced with a split second decision to shoot when Mr. Maxwell pulled his gun from his jacket and aimed it at the officer. Officer Moser shot Mr. Maxwell twice. In fact, the testimony indicates that Mr. Maxwell's gun was recovered in a yard by a highway officer. Mr. Maxwell was later found guilty of aggravated assault and firearms charges in connection with this December 2009 incident. Accordingly, I will deny Mr. Maxwell's motion for summary judgment against Officer Moser.
Furthermore, it appears that Mr. Maxwell is attempting to attack his criminal convictions by use of this § 1983 claim without establishing that the conviction has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such a determination or called into question by the issuance of a writ of habeas corpus. Heck v. Humphrey, 512 U.S. 477, 486-487 (1994). In Heck, the Supreme Court rejected § 1983 as a vehicle to challenge the lawfulness of a criminal judgment. A claim for damages bearing that relationship to a conviction or sentence that has not been so invalidated is not cognizable under § 1983. 512 U.S. at 486-487. The Court further instructed district courts, in determining whether a complaint states a claim under § 1983, to evaluate whether a favorable outcome would necessarily imply the invalidity of a criminal judgment. Id. at 487. Here, success in Mr. Maxwell's claim of excessive force against Officer Moser would necessarily imply the invalidity of Mr. Maxwell's conviction and sentence in the state court for aggravated assault and firearms offenses. Finding that Officer Moser was not justified when he shot Mr. Maxwell as Mr. Maxwell asks me to do, would imply that the state courts erred in convicting Mr. Maxwell of those offenses. Mr. Maxwell cannot demonstrate that his state court conviction or his sentence has been invalidated. Id. Accordingly, I will enter judgment on behalf of Officer Moser and against Mr. Maxwell.
An appropriate Order follows.
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What does it mean to have a musician as your brother? Well, for our guy here, it meant quite a bit of unpleasant shit he had to go through! Watch the guy and his girlfriend come to the brother's place. He asks our dude whether he brought back the CD he had borrowed. Rushing back to their place for the damn CD, the guy has no idea the brother bullshits his girlfriend about teaching her to play the guitar, fucking her silly only minutes afterwards. Well, our man had to return at some point, and scandalous hell broke loose right away.CLICK HERE TO READ COMMENTS
Nothing was going on that night for the guy and his gf. They were just about to go to sleep and the girl was in the shower when his brother stormed in. He said there's something he has to celebrate and sent the guy out to get some drinks. The sly brother then covered himself with the blanket and waited for the girlfriend to come from the shower. Of course it worked! She started sucking his raging cock, and those motherfuckers did not stop when she found out it wasn't exactly her boyfriend. Imagine what the man felt coming back with packs of beer and seeing all this crazy stuff!CLICK HERE TO READ COMMENTS
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Just how surprising can a casual street encounter be? Our dude here saw his girlfriend enjoying a walk with another guy. Holy fucking crap, it's not just a guy, it's his brother! Shocked and humiliated, he watches them make out and go to his brother's place. The guy waits for them to start doing the naughty to provide him with evidence, and rings the doorbell. The ringing goes like electricity through his body as his very own girlfriend opens the door wearing nothing but a towel! Of course he lost it immediately, giving them all the shit they deserved.CLICK HERE TO READ COMMENTS
No plan could be possibly any niftier than this. Willing to get it on with his brother's sexy girlfriend, the guy desperately looked for an opportunity. And along came one! He was lucky to find a lewd picture of her with another guy, did some smart blackmailing threatening to tell her boyfriend, and there she was, ready to do whatever he said. But it didn't work out very well. The brother fucked the crap out of her, and her poor boyfriend saw that and the damn picture as well. Call it double deceit!CLICK HERE TO READ COMMENTS
It's great to do a bit of working out with your girlfriend. Check out our guy here enjoying some quality jogging with his girl, not expecting anything at all. They bumped into his brother, and it was kinda lucky at first. The girlfriend had a light leg injury so the brother stayed with her while her boyfriend rushed to get the meds. Well, those deceitful fuckers! The sly brother took the chick home, and you do the math. Just as they were about to end their sinful humping, the boyfriend came around. What a bitch!CLICK HERE TO READ COMMENTS


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A Personal Recount About Living Near the Mississippi River
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On the street where I live I see vibrant azaleas and blooming roses in my neighbors flowerbed I see kites gliding through the sky on a cool spring afternoon as if they were angels on a cloud I see the beautiful skyline of Memphis TN and the bright lights of the Memphis Bridge as I look off of my balcony I see large boats sailing down the Mississippi River I see children playing and riding their bicycles smiling as if it were the greatest day of their life I see people walking jogging and roller-skating on the river walk I see some people lying on blankets just enjoying the moment leaving the stress and pressures of their jobs and the world behind them taking time out to enjoy family and self I see fathers playing catch with their sons and mothers reading novels When I look down my street I see happiness On the street where I live I hear crickets chirping bees buzzing and birds singing I hear the horns of cars tug boats and trolley trains as they pass my apartment building I hear dogs barking and howling to the screeching sounds of the fire truck sirens I hear construction workers yelling jackhammers pounding the concrete and the shifting gears of dump trucks driving away I hear the up-tempo roar of motorcycles drag racing down the street I hear the sounds of a trumpet coming from the Taylors apartment two doors down from mine At twelve pm I hear the bells ringing from the local Catholic Church I hear the sounds of the inner city On the street where I live I smell the aroma of mesquite bar-b-que I smell sweet bubble gum ice cream as my son eats his favorite dessert I smell freshly cut grass and the stench of mulch in the air I smell fragrant flowers and honeysuckle overridden by the smell of burning
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APPEAL from the Circuit Court of Cook County; the Hon. ALLEN
HARTMAN, Judge, presiding.
This is an action for libel arising out of an alleged false credit report concerning the plaintiff, Tom Olesker's Exciting World of Fashion, Inc., and prepared by the defendant, Dun & Bradstreet, Inc. Pursuant to defendant's motion, the trial court granted summary judgment and ruled that the cause was barred by the statute of limitations. This ruling was premised on an alleged admission in a deposition given by one of plaintiff's officers concerning the discovery date of the credit report.
Plaintiff now appeals from the summary judgment order and contends that the trial court erred in its ruling because a genuine issue of fact existed concerning the date on which plaintiff learned of the alleged defamatory report.
We affirm.
The instant case has a lengthy history in the Illinois courts>. On March 3, 1970, plaintiff filed a three-count complaint against the defendant. Count I alleged a malicious publication of the allegedly libelous report and count II alleged negligence in the preparation and publication of the report. The third count of the complaint was premised on the theory of interference with contractual relations. Pursuant to defendant's motion, the trial court dismissed all three counts of the complaint. On appeal to this court, we affirmed the trial court's dismissal of counts I and II of the complaint, but reversed that part of the order dismissing count III. As to counts I and II, we reasoned that the one-year statute of limitations began to run from the date of publication and that since the complaint was filed more than one year from that date, counts I and II were barred by the statute of limitations. As to count III, we held that the five-year statute of limitations was applicable. (See 16 Ill. App.3d 709, 306 N.E.2d 549.) Our decision was appealed to the Illinois Supreme Court which, in a landmark decision, held that plaintiff's cause of action did not accrue until plaintiff knew or reasonably should have known of the defamatory report and reversed our decision as to counts I and II. The supreme court affirmed our decision as to count III. Having thus adopted the "discovery rule," the supreme court remanded the cause to the trial court for further proceedings. See 61 Ill.2d 129, 334 N.E.2d 160.
After remandment, Mr. Tom Olesker, Sr., the president of the plaintiff corporation, was produced for a deposition. At that discovery deposition, Mr. Olesker, Sr., was asked if in 1969 he was informed that he would not receive a shipment of clothing. When Mr. Olesker, Sr., responded in the affirmative and indicated that the first such time was in January or the beginning of February of 1969, the following questions were asked and answers were given:
"Q. January or February?
A. Yes.
Q. Of 1969?
A. Could have, that's right.
Q. All right, from what manufacturer was this order suppose to come?
A. The manufacturer was Martil Clothing Company M-a-r-t-i-l.
Q. M-a-r-t-i-l?
A. Uh huh.
Q. Where are they located?
A. The Philadelphia area. I can't give you the address, but if you want it
Q. You placed an order for a shipment of clothing?
A. Right, men's suits.
Q. And you say thereafter that you were refused shipment of that order?
Q. By whom?
A. By the boss, himself, Mr. Mort Aronson, A-r-o-n-s-o-n.
Q. How did he notify you of that?
A. Through the telephone.
Q. He called you to tell you that?
A. Right.
Q. That he was not shipping?
Q. Did he say why?
Q. Why did he say?
A. He said his credit man looked my Dun & Bradstreet report over and said he said, `Have you seen it, Tom, do you know how bad it is?'
I said, `I don't know how bad it is. I never saw it. As a matter of fact I don't know where the heck it came from. I never gave them anything.'
Q. What else did he say?
A. He said, `Under these circumstances, Tom, you can understand that I can't,' you know, and naturally now this again I got a little loud, and I said, `Would you do me a favor, Mort, and send me the report,' because naturally I wanted to see what was happening, and he said `Okay,' and he sent me the report, and I looked at it, and he
Q. And Mr. Aronson mailed [the report] to you?
A. That is a copy of the report.
Q. I understand, of course, and you received it here in Chicago?
A. Right.
Q. In January or February of 1969?
A. Un huh."
Mr. Olesker, Sr., went on to testify that after his original discovery of the credit report, 15 additional manufacturers refused to ship him orders. In May or June of 1969, a manufacturer's representative, Mr. Goldberg, visited the store and presented him with a copy of the credit report. Several weeks after receiving this second copy of the report, Mr. Olesker, Sr., visited his attorney. Mr. Olesker, Sr., related to his attorney his conversation with Mr. Aronson, showed him a copy of the report, and identified certain portions of the report which he felt were inaccurate. Mr. Olesker, Sr., then indicated his desire to file a lawsuit. Suit was filed on March 3, 1970.
At the conclusion of Mr. Olesker, Sr.'s deposition, the following discussion took place between the parties' attorneys:
"PLAINTIFF'S ATTORNEY: Okay, I'll tell you what. We'll quit here and call it a day.
DEFENDANT'S ATTORNEY: I don't think this will take any more than ten minutes.
PLAINTIFF'S ATTORNEY: I told you before, I was leaving at a quarter of.
DEFENDANT'S ATTORNEY: I wanted to start at 10:00 this morning.
PLAINTIFF'S ATTORNEY: Mr. Gunnels, we're not putting up any complaint about coming back. I will confer with you next week, and we will continue the deposition. I just have other appointments.
Mr. Olesker and I, we all live in the City and it is convenient to come back."
The deposition was then adjourned sine die.
Shortly thereafter, plaintiff's attorney wrote defendant's attorney requesting a mutually convenient date for the conclusion of Mr. Olesker, Sr.'s deposition. The defendant did not respond to this letter and instead moved to strike and dismiss the complaint on the basis that Tom Olesker, Sr., had admitted first learning of the report in January or February, 1969, and that the suit was barred by the statute of limitations. Defendant further alleged that plaintiff had perpetrated a fraud upon the court and asked for attorney's fees pursuant to section 41 of the Civil Practice Act. Ill. Rev. Stat. 1977, ch. 110, par. 41.
After the above motions were filed, defendant's attorney notified plaintiff's attorney that he did not wish to examine Tom Olesker, Sr., any further. Defendant's attorney then filed Tom Olesker, Sr.'s deposition even though it was unsigned by the deponent. Plaintiff then filed a motion to suppress the deposition and an answer to defendant's motion to dismiss. That answer alleged in part that Tom Olesker, Sr., was mistaken when he testified as to the date on which he discovered the credit report. Attached to the answer were the affidavits of Tom Olesker, Sr., and Tom Olesker, Jr. Tom Olesker, Sr.'s affidavit stated that his first knowledge of the defamatory report was actually in late March or April, 1969, when he was notified by Mort Aronson. His affidavit further stated that he testified in his deposition that his first knowledge was in January or February, 1969, because he "was nervous and genuinely made a mistake as to the date." Mr. Olesker, Sr.'s affidavit concluded stating that his testimony that he contacted his attorney in May or June, 1969, was also in error and that he actually contacted his attorney in February of 1970.
In his affidavit Tom Olesker, Jr., an officer and 50% shareholder in plaintiff corporation, stated that he had followed the litigation closely since its inception; that he was present during the preparation for the deposition in question and that during such preparation his father Tom Olesker, Sr., told his attorney that his first knowledge of the report occurred in late March or April, 1969; that his father had made a mistake in the deposition in testifying that his first knowledge was in fact January or February, 1969; and that his father's conversation with Mort Aronson took place in late March or early April, 1969.
After a hearing, the trial court denied plaintiff's motion to suppress the discovery deposition of Tom Olesker, Sr. The court further allowed a motion by defendant to redesignate its motion as one for summary judgment.
Before ruling on defendant's motion, the trial court ordered the taking of Tom Olesker, Jr.'s discovery deposition. At his deposition, Mr. Olesker, Jr., indicated that the corporation had placed an order with Martil Clothing Co. in October of 1968 and that he spoke to Mr. Aronson of Martil Clothing Co. by phone at the end of February or the beginning of March of 1969. During that conversation, Mr. Aronson suggested that the Oleskers stop at his office in Philadelphia to do their buying on their way to a convention in New York which occurred in mid-March of 1969. Nothing was said about Dun & Bradstreet at that time. Mr. Olesker, Jr., went on to testify that neither he nor his father saw the credit report until April of 1969 when they heard from Mr. Aronson. This occurred two weeks after they returned from the convention. Mr. Olesker, Jr., also indicated that no orders were turned down for credit reasons prior to March 31, 1969.
Mr. Olesker, Jr., indicated that his father's testimony was inaccurate and explained that at the time of his deposition his father was not in good health, that his father was aware he was not as mentally alert as in the past, and that after his father's deposition was concluded, his father was concerned that he had made several mistakes in his testimony.
1 Plaintiff argues that the trial court erred in granting summary judgment and directs our attention to the well established principles that summary judgment should be free from doubt (Sarelas v. Law Bulletin Publishing Co. (1969), 115 Ill. App.2d 205, 253 N.E.2d 168) and that if the pleadings, affidavits and exhibits show that there is a genuine issue as to any material fact, summary judgment must not be granted. (American National Bank & Trust Co. v. Lembessis (1969), 116 Ill. App.2d 5, 253 N.E.2d 126.) While we recognize the above principles, we must point out that summary judgment is a procedure to be encouraged (Donart v. Board of Governors (1976), 39 Ill. App.3d 484, 349 N.E.2d 486), and one which can avoid the expense of unnecessary trial and ease congestion on the trial calendar. (Elm Lawn Cemetery Co. v. City of Northlake (1968), 94 Ill. App.2d 387, 237 N.E.2d 345.) It is with all of the above in mind that we review the propriety of the trial court's summary judgment order.
Noting that its attorney never examined Mr. Olesker, Sr., during his discovery deposition and that the deposition was adjourned sine die, plaintiff concludes that the deposition was incomplete. Plaintiff argues that the trial court could thus consider other evidentiary matters, such as the affidavits and deposition of Tom Olesker, Jr., to clarify his testimony and that these additional evidentiary matters created a genuine issue of fact concerning the date on which the plaintiff discovered the alleged defamatory credit report.
Although the record clearly reflects that Tom Olesker, Sr., was never examined by his own attorney at the deposition, with equal clarity the record reflects that he was given the opportunity to clarify his testimony. Mr. Olesker, Sr.'s affidavit explaining his deposition testimony was presented in response to defendant's summary judgment motion. The trial court denied defendant's motion to strike that affidavit and considered that affidavit as follows in granting the motion for summary judgment: "I don't see how that affidavit helps him at all. It doesn't clarify his deposition. It doesn't cast doubt on anything that he says." As we view Mr. Olesker, Sr.'s deposition, we must conclude that there is no way to clarify his unequivocal statement that he first learned of the allegedly libelous report in late January or early February of 1969.
2, 3 In addition, we fail to see how the deposition or affidavit of Tom Olesker, Jr., would change the result in this case. Once a party makes a judicial admission adverse to his or her claim, that party cannot contradict the admission by adopting inconsistent evidence produced by other witnesses. (Kosin v. Shero (1977), 45 Ill. App.3d 1047, 360 N.E.2d 572.) Moreover, as stated in Fountaine v. Hadlock (1971), 132 Ill. App.2d 343, 347, 270 N.E.2d 222, 225:
"It has been held that a counter-affidavit does not place in issue material facts which had previously been removed from contention by a party's deliberate and unequivocal admissions under oath. (Burnley v. Moore, 41 Ill. App.2d 156, 190 N.E.2d 141; Meier v. Pocius, 17 Ill. App.2d 332, 150 N.E.2d 215.) The policy of the law reflected in that rule, which seems fully applicable to the facts in the instant case, was expressed in Pocius as follows (p. 335):
`Plaintiff having sworn, deliberately and repeatedly * * * should not now be invited to commit perjury and change his testimony upon the trial of the case or so reconstruct it as to avoid the consequence of his deposition.'"
4 We are mindful of the fact, as noted in McCormack v. Haan (1959), 23 Ill. App.2d 87, 97, 161 N.E.2d 599, 604, that "the doctrine of judicial admissions * * * requires the most thoughtful study for its sound application lest justice be done on the strength of a chance statement made by a nervous unreflecting party, Wigmore on Evidence (3rd ed.), Section 2594a." However, under the instant circumstances, we believe plaintiff is bound by Tom Olesker, Sr.'s statement. Supreme Court Rule 212 provides in part that discovery depositions may be used as an admission made by a party or by an officer or agent of a party in the same manner and to the same extent as any other admission made by that person. (Ill. Rev. Stat. 1977, ch. 110A, par. 212(a)(2). See also Meier v. Pocius (1958), 17 Ill. App.2d 332, 150 N.E.2d 215.) To defeat recovery, a party's judicial admission which contradicts the allegations of his complaint must be deliberate testimony relating to a concrete fact, and not a matter of opinion, estimate, appearance, inference or uncertain summary. (A.H. Sollinger Construction Co. v. Illinois Building Authority (1972), 5 Ill. App.3d 554, 283 N.E.2d 508.) As stated in Haskell v. Siegmund (1960), 28 Ill. App.2d 1, 11, 170 N.E.2d 393, 398:
"There may be cases in which admissions at pre-trial depositions are so deliberate, detailed, and unequivocal, as to matters within the party's personal knowledge, that they will conclusively bind the party-deponent, and he will not be heard to contradict the admissions at the trial. See, for example, Meier v. Pocius, 17 Ill. App.2d 332, 335, 150 N.E.2d 215, 216-217 (1st Dist. 1958); see also 4 Wigmore on Evidence, secs. 1063-1067 (3rd ed. 1940)."
5 After reviewing Mr. Olesker, Sr.'s deposition testimony concerning the date on which he discovered the allegedly libelous report, we find that testimony to be unequivocal and deliberate. There was no indication that Mr. Olesker, Sr., was confused when he testified. Moreover, his testimony concerning the circumstances surrounding how and when he first learned of the credit report is specific and lengthy. In addition, the date on which Mr. Olesker, Sr., first discovered the report was certainly an item within his personal knowledge. We conclude that the trial court did not err in finding that plaintiff was bound by that statement and in entering summary judgment in defendant's favor.
6 Plaintiff raises the additional point that the deposition was not signed by Mr. Olesker, Sr. Nowhere, however, does plaintiff contend that any of the excerpts from that deposition are inaccurate. Viewed in that posture, the absence of Mr. Olesker, Sr.'s signature is an omission without any substantive significance. See Fountaine v. Hadlock (1971), 132 Ill. App.2d 343, 270 N.E.2d 222.
For the foregoing reasons, the decision of the circuit court of Cook County is affirmed.
Order affirmed.
GOLDBERG, P.J., and CAMPBELL, J., concur.
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United States District Court, Northern District of Illinois
August 19, 2003
This matter was scheduled for a settlement conference, by agreement of the parties, to be held July 21, 2003. On July 21, 2003, attorney for the defendant appeared but plaintiff's attorney failed to appear for the settlement conference; on that date this court ordered a status hearing for August 19, 2003 at 9:30 a.m. In the July 21, 2003, Order we admonished plaintiff that failure to appear at the ordered status hearing would result in this court recommending that the case be dismissed for want of prosecution. The July 21, 2003, Order further required the parties to serve written discovery by July 28, 2003 and make their Initial Disclosures, under Fed.R.Civ.P. 26(a)(1), by August 5, 2003.
On August 19, 3003, defendant's attorney appeared at the ordered status hearing, but plaintiff's attorney again failed to appear, ignoring our July 21, 2003, admonishment and warning. At this hearing defendant reported that it had complied with the court's order on written discovery and that it served its Fed.R.Civ.P. 26(a)(1) Initial Disclosures upon plaintiff, Defendant further reported that plaintiff had not complied with our July 21, 2003 Order in that she had failed to serve her Fed.R.Civ.P. 26(a)(1) disclosures on defendant. Additionally, plaintiff failed to issue any written discovery.
Accordingly, it is respectfully recommended that this matter be dismissed with prejudice pursuant to Fed.R.Civ.P. 37(b)(2) and 41(b) by reason of plaintiff's failure to comply with the court's orders relating to discovery, failure to appear at court ordered hearings, and failure to prosecute her case.
Any objections to this Report and Recommendation must be filed with the Clerk of the Court within ten (10) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the District Court's order. Fed.R.Civ.P. 72; Thomas v. Arn, 474 U.S. 140 (1985); The Provident Bank v. Manor Steel Corp., 882 F.2d 258, 330 (7th Cir. 1989). [ Page 1]
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Learn How to Double Your Business Using Social Media Marketing, Even If You're Starting With No Fans, Very Little Money And No Computer Skills
[Thursday October 27 - The Fraternity Club Fairy Meadow]
Thursday October 27 - The Fraternity Club Fairy Meadow
Frequently Asked Questions About This Course
1. Will This Be Useful For My Business?
Yes. I've seen over 300 business owners through Social Media Breakthrough from about 50 different industries, men and woman of all ages. From lawyers and accontants to personal trainers and bee keepers (yes bee keepers) You only have to look at how much Social Media is consuming our attention every day and with over 15 milllion Australians (60% of our population) on Facebook alone it's safe to assume most of your customers eyes will be there.
2. What Do I Need To Bring With Me?
- An open mind for learning: This is the new way of doing busines and it requires a new way of learning.
- A laptop, iPad or tablet: I have designed this course so that it is hands on. We not only learn the systems and strategies, we implement them, righ there anf then, on the day.
- Snacks: There will be plenty of breaks throughout the day however I would recommend bring some light snacks to keep you fueld through the day.
- Casual Clothing: No need to dress formal, I know its a business course however wear something casual and comfortable, bring a jacket just in case the room gets cold.
3. Can I Bring A Friend or Collegue?
Of course, not only can you bring a friend or collegue, once you purchase your ticket, they can come for free! *
Thursday October 27 - The Fraternity Club Fairy Meadow
4. What Are the Bonuses Again?
Bonus 1. My Social Media Breakthrough for business eBook. Value $67
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Bonus 3. A 1 hour one on one coaching session. Value $247
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Bonus 5. Bring a friend or colleague for free! Value $397
Get started right now by booking your ticket to Social Media Breakthrough for Business Boot Camp
Thursday October 27 - The Fraternity Club Fairy Meadow


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Now, it looks like the end may finally be in sight.
LG Philips LCD is slowing down capacity expansion for next-generation LCD production...LG Philips LCD may delay the production of a new 5.5G plant by one quarter (original time frame was June 2007), with the investment plan for an 8G plant also postponed, according to the Chinese-language Commercial Times.
LG Philips LCD recently lowered its shipments forecast and said it expected a sharper panel price fall for the second quarter. The company said in a press release that it has decided to temporize production to address inventory concerns and better balance its short-term supply with demand. Furthermore, the maker is reviewing its total capacity plans for this year and beyond.
There may still be some bumpy times ahead, but at least panel makers like LPL have finally come around to taking the tough medicine that eventually will restore the market to health.
LPL 1-yr chart:


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Mobile marketing via daily deal discount sites such as LivingSocial and Groupon have become a popular marketing option for many small businesses. These sites give businesses exposure to thousands of subscribers in their local community. However, in the words of … Read More
Create An Impactful Daily Deal Campaign
Posted by firstname.lastname@example.com on | Featured | No Comments
Tags: 2013, B2B, B2C, Brand Management, branding, Chevy, creative advertising, digital media, Facebook, fashion, G.O.O.D Music, General Motors, gm, Groupon, Hip-Hop, Instyle, internet marketing, Isaac Mizrahi, JASE, JASE Group, JMM, Kanye West, lead generation, leads, LivingSocial, magazine, Malibu Style, mobile marketing, People, Rapper, SEO, social media marketing
Groupon Invades ESPN College Gameday Commercial
As an avid sports fan I am biased, but I think ESPN does a great job with their television commercials. They are able to connect with their target audience just about as well as anyone. ESPN is back at it … Read More
VISA Working Towards Mobile Payment – Hopes To Partner With Samsung For 2012 Olympics
A couple weeks ago Reuters reported that payment technology giant Visa is accelerating its efforts in the field of mobile payments in the hopes to have a system in place with Samsung for the 2012 Olympic Games in London. Visa … Read More
LinkedIn IPO Spreads Its Wings – Does Social Media Marketing Now Fit For Your Small Business?
LinkedIn went public yesterday with huge anticipation for it's early results from its IPO. There was a lot of speculation as to exactly how the market would react to LinkedIn's initial public offering, primarily to serve as a barometer for … Read More


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Jennie-O is a brand name of turkey products. It is now a subsidiary of the Hormel Foods Corporation in Willmar, Minnesota. The company was founded by Earl B. Olson in 1940, when he began raising turkeys. In 1949, he bought the former Farmers Produce Company of Willmar and its turkey processing plant. In 1953, it was renamed to Jennie-O after his daughter, Jennifer Olson. The company continued to expand over the years, both by internal growth and through buying similar processing companies. It was widely known for producing turkey products that simulated other meats, such as turkey hot dogs, turkey ham, turkey pastrami, etc. It is now one of the two largest turkey processing companies in the US. (The other is Cargill, also from Minnesota.) The company was privately owned by the Olson family until 1986, when it was sold to Hormel Foods, of Austin, Minnesota.
Contributions by ProximityMPLS, Mtschida, and CopperSquare.


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Having unnecessary fat in different areas of your body can have a significant influence on your health and self-confidence. While traditional weight-loss through exercise and diet is a terrific way to reduce weight in general, even the best workouts can't target problem areas like the belly, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is utilized to get rid of excess fat from particular locations of the body, allowing an individual to form and contour their body to their taste. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, consisting of:
• Instantly visible modifications. Unlike standard weight loss, liposuction develops changes that are instantly visible in the body. Some distinction is obvious right away, and the desired results are normally achieved in just a few days.
• Proven and safe. This cosmetic procedure has actually been performed by knowledgeable cosmetic surgeons all over the world for many years and the strategy has been refined over and again to be safe and effective.
• Recovery time is usually quick. The downtime required after having this kind of treatment is generally much less than what is needed for other types of cosmetic treatments, consisting of tummy tucks, breast reduction, and more. Individuals who have had the treatment can often go back to work much more quickly than they anticipated and can return to living a healthy, active lifestyle.
• Weight reduction can be long-term. With the ideal maintenance strategies, the fat that was removed during the liposuction treatment will not return.
• Complete control over your physique. With liposuction, an individual can have complete control over how they want to look, beyond exactly what conventional diet plan and exercise can supply. Offering people this power over their bodies enhances self-confidence and assistance individuals feel their best.
While there countless benefits to liposuction, there are naturally a couple of caveats that should be thought about before making the final decision to move forward with the treatment.
Cons of LiposuctionPrior to having liposuction done, it is very important to analyze the prospective downsides of the procedure and figure out if the advantages outweigh the dangers in your particular case. Your cosmetic surgeon can assist you learn more about the threats related to the treatment and can help you choose if moving forward is the ideal thing for you.
• Problems with basic anesthesia. Due to the fact that liposuction is carried out under general anesthesia, the procedure brings the very same dangers as other type of surgical treatment where basic anesthesia is utilized. Underlying medical conditions might increase these threats.
• Adverse responses. Bruising, bleeding, and discomfort are all to be anticipated, nevertheless, in unusual cases can cause more substantial complications.
• The possible to get the weight back. After having actually liposuction done, it is vital to preserve a healthy diet plan and exercise correctly as recommended by your doctor. Failure to do so might cause acquiring back the weight that was lost or perhaps even more.
There are risks associated with liposuction, for numerous individuals, the benefits far outweigh them. Educate yourself about the treatment by having in-depth conversations with your specialist and think about how liposuction has the prospective to impact you as a special person. Only you and your specialist can figure out if liposuction will provide you with the outcomes you are searching for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Junction City GA
Laser liposuction is a more recent, minimally invasive procedure that involves heating the fat cells to melting point and eliminating the melted fat through a small cannula. The treatment is typically done right in your physician's office and is an outstanding choice for people who have less than 500 ml of fat to remove from any one location. Laser liposuction can be a safe, complementary treatment to weight-loss in order to sculpt the body you've constantly desired.
Contact a Surgeon in your Junction City GA today.
If you're considering liposuction as a weight-loss option, it is very important that you discuss your desires with a qualified cosmetic surgeon in your location. Your cosmetic surgeon will perform a total examination and health history survey to determine if liposuction can benefit you and help you reach your physical and psychological objectives. Call today for an examination and find out more about how liposuction can assist you achieve the body of your dreams.


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At Dillard's, we implemented a security program to ensure that a human is trying to enter our site and not a computer. If you have any questions, please contact email@example.com.
If you want to pay your bill, please visit Dillards.com/payonline.
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By Brenda - Proud Mother of the Bride
from San Antonio, TX
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Comments about Jayne Copeland 2T-6X Flower-Accented-Waist Dress:
Wanted to use them in a wedding but will have to return as way too long & a little big.
Bottom LineYes, I would recommend this to a friend
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About Me Trendy/Stylish Dresser
This dress is adorable, looks prettier in person. Good quality as well.


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So, I know a couple of our kiddos have started. How is it going?
My girls are not ready and I don't push. They know we have a toilet ring and they will ask to sit on it sometimes. We put them on when they want. Neither have actually had a "happy accident" where they have used it, but they are getting there. We need more willingness to use language before I will consider actually training them. They just refuse to tell us what they want sometimes. They would rather point and scream! Gah! My hope is that they will be ready in about 6-8 months. That is about when my DS decided he was ready. If it is later than that, it isn't a big deal.


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It's a long way from the OFSAA to the Olympics, but first-year McMaster wrestler Jason Buckle will be taking the first step toward making that journey. Wrestling in the 55 kg weight class, Buckle will be competing at the 2012 Canadian Wrestling Qualification Trials being held in Winnipeg, Dec. 15-18,
This event will serve as the process for selecting athletes who will compete for Canada at the 2012 Summer Olympics in London.
Buckle will be joined at the Canadian trials by senior Marauder teammates and defending Ontario University Athletics champions Ryan Blake (68 kg) and Kevin MacLellan (84 kg). McMaster alumnus Sean House will also be competing in the 84 kg weight class.
A graduate of Hamilton's St. Jean de Brebeuf high school, Buckle has had an outstanding debut season in McMaster Maroon. Last year's Ontario high school champion at 57 kg, Buckle has already captured gold medals at invitational meets hosted at McMaster and the University of Toronto. He will be one of the youngest competitors at the Canadian trials.
Marauder wrestling coach Nick Cipriano says that while Jason is in tough to garner an Olympic team berth, the trials will be great experience.
"Jason is talented, loves to compete, and is blessed with an unmatched work ethic," said Cipriano. "Sending him to the trials is essentially reinforcing his goal of being an Olympian, and taking part this time around is critically important to his development."
Cipriano adds that Buckle will be competing with more mature wrestlers, some as much as10 years older. However, looking ahead to the 2016 Olympic trials, Buckle will bring this year's experience and more maturity with him to the competition and he will be a strong candidate for the Canadian team.
McMaster is host to the 2012 OUA Wrestling Championship on Feb. 10-11, in the Burridge Gymnasium.
The McMaster men's wrestling team is currently ranked No. 8 in the latest Canadian Interuniversity Sport (CIS) Top-Ten rankings.


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Our most versatile classroom pocket chart yet! Two sides, 10 pockets on front and 5 clear storage pockets on the back.
Includes 10 pockets on the front "plus" 5 clear sentence strip & card storage pockets on the back. Measures approx. 34" x 52". Durable construction with sturdy grommets for easy hanging. (Contents shown not included.)
Copyright © 2016 Teaching Resource Center


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Chloe is approximately 1 years old gray cat was rescued from a bad situation and almost died from an infected pregnancy. Ever since she came home with me however, she is so thankful and healed beautifully. Chloe is absolutely the sweetest girl and loves to follow you around when you call her name. She is full of energy and loves impressing you with how high she can jump when you play with her feather toy. Additionally, her facial expressions and newfound confidence is priceless. Some say she's a "Russian Blue" but all I can say is she's a sweet and fully alive and healthy girl who's forever grateful to be here and lets you know every day.
Chloe is bonded to her buddy, Charlie and they will need to stay together for life. They enjoy playing with bouncy balls, mice and feathers on a string. They love to entertain you with how high they can jump and how they love to fetch. When they're awake you'll see them wrestling, chasing each other or vocalizing that they want you to play with them. They are fully trained and spayed/neutered.
These two would really like a forever home with humans who have lots of space, a calm but will entertain them lifestyle, will feed them a 100% grain free or "raw" diet and will love and play with them daily.
Please call 651-788-6535 for more information about adopting Chloe and Charlie. The adoption fee for the pair is $150.
We are a small, all-volunteer, foster based rescue dedicated to helping cats and kittens in need. We provide them with any necessary medical care and adopt them into caring and life-long homes. Our rescue provides a stable, loving environment in which these gentle animals can be cared for until we find their forever homes.
No Kitten Left Behind - MN is a strong advocate of no-kill and we have recently become a non-profit organization. Donations and foster homes are always needed to continue our mission.
We thank you for supporting this massive effort to provide for the less fortunate so there is No Kitten Left Behind.
Checks can be made out to No Kitten Left Behind-MN, PO BOX 4781 Saint Paul, MN 55101
Thank You!
Your message has been sent to No Kitten Left Behind-MN.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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Cappuccino Mix
Total Time
Prep 5 mins
Cook 5 mins
This is from today's Weekend magazine. The number of servings was not mentioned, so I'm taking a wild guess here. This mix would make a wonderful gift in a pretty jar that's decorated with ribbons.
Ingredients Nutrition
- 1 cup non-dairy coffee creamer
- 1 cup instant chocolate drink mix
- 1 cup instant coffee
- 1⁄2 cup sugar
- 1⁄2 teaspoon cinnamon, ground
- 1⁄4 teaspoon nutmeg, ground
- Mix everything well and store in an airtight container.
- To make 1 serving, add 2 tbsp of the cappuccino mix to 6oz.
- or 180ml of boiling hot water.
- Stir vigorously to dissolve.
- You can also add chocolate shavings and whipped cream, if desired.


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"Outdoor Cafes" Muscat Things to Do Tip by MikeAtSea
Muscat Things to Do: 163 reviews and 381 photos
Right next to the Souq you will find a number of outdoor cafes and restaurants, where one can sit and let the world go by. During the stops in Muscat we made one particular cafe our regular stop, where we would mingle with the locals, smoke the water pipe and enjoy local cuisine. Why go to a Western restaurant - when one can enjoy local hospitality right next to the road!
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Easy Chicken and Pasta Parmesan
Total Time
Prep 10 mins
Cook 15 mins
Ingredients Nutrition
- 1 tablespoon butter or 1 tablespoon margarine
- 1 lb boneless skinless chicken breast, cut into 1/ 2-inch pieces
- 1⁄4 cup chicken broth (14-1/ 2 oz can) or 1⁄4 cup low sodium chicken broth (14-1/ 2 oz can)
- 1⁄2 cup spaghetti sauce (14 oz jar)
- 1⁄2 teaspoon dried basil
- 1⁄2 teaspoon oregano leaves
- 3 cups rotini pasta (8oz) or 3 cups penne rigate, uncooked (8oz)
- 3⁄4 cup parmesan cheese, grated
- In 10 inch skillet over medium-high heat, melt butter; add chicken.
- Cook, stirring occasionally, until no longer pink, about 3 minutes.
- Add chicken broth, spaghetti sauce and seasonings; heat to boiling.
- Add uncooked pasta, stirring to coat with liquid.
- Cover; reduce heat. Simmer 15 minutes, stirring every 2 minutes or until most liquid is absorbed.
- Remove from heat; stir in Parmesan cheese. 5 servings (1 cup each)
Most Helpful
This is a nice meal for three or, with a salad on the side, four people for lunch. Instead of spaghetti sauce from a jar, a cup of diced tomatoes ... out of the can is fine .. and a couple cloves of crushed garlic will add a fresh taste to the dish and save some money. You might want to add a little salt.
I modified this a bit but it turned out really delicious. I did step 1&2 but I had a lot of veggies leftover in my fridge so I added them. Veggies were a handful of mushrooms, 1 medium onion, 4 garlic cloves, 1/2 green pepper, 1/4 orange pepper. I then added a full 14oz can of chicken broth, a full 1 pound jar of spaghetti sauce and let it boil over the chicken and veggies. I put 4 cups of uncooked noodles in and let it simmer for aroun 25 minutes. I placed it in a cassarole dish, covered it with sharp chedder and mozzarella cheese and baked it on high for 15 more minutes. Turned out wonderful, thanks for the tip on using chicken broth!
This was avery tasty quick meal. For some reason there was not enough liquid for the pasta to cook in. So I added another 1/2 cup of broth and it worked out fine. This really is a great fast meal for those days when you don't have much time. Thanks Gregg ; )


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Only, the designations like Assistant Professor,. Lab Instructors / Technicians....
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