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If you're looking for a place to take profits in this overheated market, look no further than the companies that supply semiconductor manufacturing equipment to the likes of Intel, INTC 0.5633802816901409% Intel Corp. U.S.: Nasdaq USD35.7 0.2 0.5633802816901409% /Date(1481234400316-0600)/ Volume (Delayed 15m) : 19647365 AFTER HOURS USD35.76 0.0599999999999952 0.16806722689075632% Volume (Delayed 15m) : 319272 P/E Ratio 16.839622641509433 Market Cap 168234500000 Dividend Yield 2.9131652661064424% Rev. per Employee 539860 More quote details and news » Samsung Electronics, and Taiwan Semiconductor, the giants of chip making.
Equipment makers such as FormFactor FORM 2.690582959641256% FormFactor Inc. U.S.: Nasdaq USD11.45 0.3 2.690582959641256% /Date(1481234400296-0600)/ Volume (Delayed 15m) : 352040 AFTER HOURS USD11.4196 -0.0303999999999984 -0.26550218340611353% Volume (Delayed 15m) : 6628 P/E Ratio 71.5625 Market Cap 788862473.011017 Dividend Yield N/A Rev. per Employee 346320 More quote details and news » (ticker: FORM), Applied Materials AMAT 0.6151953245155337% Applied Materials Inc. U.S.: Nasdaq USD32.71 0.2 0.6151953245155337% /Date(1481234400432-0600)/ Volume (Delayed 15m) : 9924354 AFTER HOURS USD32.79 0.0799999999999983 0.24457352491592785% Volume (Delayed 15m) : 207051 P/E Ratio 20.96794871794872 Market Cap 35139863522.6693 Dividend Yield 1.2228676245796393% Rev. per Employee 698387 More quote details and news » (AMAT), Mattson Technology (MTSN), KLA-Tencor KLAC -0.5172848851879889% KLA-Tencor Corp. U.S.: Nasdaq USD78.85 -0.41 -0.5172848851879889% /Date(1481234400207-0600)/ Volume (Delayed 15m) : 1024961 AFTER HOURS USD79.36 0.510000000000005 0.6467977171845276% Volume (Delayed 15m) : 6333 P/E Ratio 15.897177419354838 Market Cap 12389844293.284 Dividend Yield 2.7393785668991755% Rev. per Employee 554589 More quote details and news » (KLAC), and Lam Research LRCX 0.5631159080244017% Lam Research Corp. U.S.: Nasdaq USD107.15 0.6 0.5631159080244017% /Date(1481234400302-0600)/ Volume (Delayed 15m) : 1251077 AFTER HOURS USD107.15 % Volume (Delayed 15m) : 10698 P/E Ratio 21.302186878727635 Market Cap 17349537192.0166 Dividend Yield 1.6798880074661688% Rev. per Employee 790894 More quote details and news » (LRCX) have ridden the roaring rise in technology this year even as Wall Street's expectations for the fundamentals have been delayed or diminished by an unpredictable semiconductor market.
These are superb companies. They produce some of the world's most sophisticated technology, empowering chip makers to keep enabling newer capabilities in the gizmos we all buy. But most of the stocks probably need to take a breather.
As long-time semi equipment analyst Robert Maire of Semiconductor Advisors wrote on Friday, the equipment makers, who are largely expected to see declines in revenue this year, are propped up by hopes of a bounce-back in their business that has so far proven elusive.
The second-quarter reporting season has largely been a disappointment, with the group forecasting lower business this quarter than had been expected, even though expectations themselves had already come down in some cases. "So much for a second-half recovery," wrote Maire. "Q3 is shaping up to be the quarter that wasn't."
Maire thinks that while "the underlying technology dynamics remain solid," there is "a lot of market fuzz." What is that market fuzz? Merely titanic shifts in the electronics market and the very nature of making semiconductors.
The chip-making business is getting more and more competitive, in general, as the big manufacturers such as Intel (INTC) and Samsung (005930.Korea) and Taiwan Semiconductor (TSM), the largest contract maker of chips, face ever-greater technical challenges to produce the most sophisticated parts.
In a sign of the rising competitive dynamics, Piper Jaffray equipment analyst Jagadish Iyer last week noted that Taiwan Semi held a job fair in Fishkill, New York. He thinks the company may build a chip factory in upstate New York to take orders from Apple AAPL 0.9817166531568045% Apple Inc. U.S.: Nasdaq USD112.12 1.09 0.9817166531568045% /Date(1481234400201-0600)/ Volume (Delayed 15m) : 26524899 AFTER HOURS USD112.3 0.179999999999993 0.16054227613271496% Volume (Delayed 15m) : 543417 P/E Ratio 13.557436517533253 Market Cap 592046704579.696 Dividend Yield 2.033535497681056% Rev. per Employee 1846780 More quote details and news » (AAPL).
Apple designs custom microprocessors for its iPhone, iPad and iPod Touch, but it doesn't manufacture them: It relies on Samsung to do so. With tensions rising between the titans, Iyer suspects Apple is shifting the business to Taiwan Semi, and TSM might need factories here to serve such a contract. A brand new fab by TSM could mean a very nice payoff for KLA, Lam, ASML, and Applied—but not until next year. In the meantime, spending by Taiwan Semi and Intel and Samsung is problematic, thanks to the volatile nature of electronics markets.
THE PC MARKET, AS I'VE NOTED repeatedly, continues to be a dog. That is hurting the outlook for manufacturing of microprocessors. In particular, Intel two weeks ago cut its outlook for this year, warning it will have no revenue growth, as opposed to its prior outlook for "low single-digit growth." The company also cut its outlook for equipment spending this year by $1 billion, to about $11 billion.
And it's not just Intel. Even the relatively healthy mobile market, where sales of smartphones and tablets are still rising by double digits, is tripping up mobile chip makers. In fact, the market for smartphones is shifting so quickly that both Apple and Samsung have been caught flat-footed.
Chip maker Atmel (ATML) was the latest casualty. Last Wednesday, Atmel released a revenue outlook for this quarter well below consensus. Analysts agree that Atmel was a victim of "weak" sales of Samsung's Galaxy S4, which contains Atmel's sensor chips.
Problems for Atmel and other chip makers rolls through to companies such as TSM, that actually manufacture chips.
Taiwan Semi on July 18th held firm in its intention to spend $9.5 billion to $10 billion this year. But it also said that spending in 2014 may not rise. Samsung is expected to spend 11% less this year in capital investments, according to a note last week from RBC Capital's Doug Freedman.
So far, total spending on equipment by chip makers in the first half of this year "was much less than expected," wrote Freedman.
The cut by Intel and the lack of upside from Samsung and Taiwan Semi has produced a disappointing earnings season. Most of the major suppliers, including Teradyne TER 2.8605015673981193% Teradyne Inc. U.S.: NYSE USD26.25 0.73 2.8605015673981193% /Date(1481234566899-0600)/ Volume (Delayed 15m) : 6315784 AFTER HOURS USD26.2346 -0.0153999999999996 -0.058666666666666666% Volume (Delayed 15m) : 421735 P/E Ratio N/A Market Cap 5135185535.22736 Dividend Yield 0.9142857142857143% Rev. per Employee 412611 More quote details and news » (TER), KLA, Lam, FEI (FEIC), Amkor AMKR -0.6118881118881119% Amkor Technology Inc. U.S.: Nasdaq USD11.37 -0.07 -0.6118881118881119% /Date(1481234400442-0600)/ Volume (Delayed 15m) : 2153051 AFTER HOURS USD11.37 % Volume (Delayed 15m) : 15638 P/E Ratio 50.24304021210782 Market Cap 2719230784.04827 Dividend Yield N/A Rev. per Employee 159580 More quote details and news » (AMKR), and FormFactor forecast this quarter below expectations. (Applied Materials will next report on Aug. 15.)
As a consequence, some equipment makers have had their estimates cut, and some may yet have them cut, even as their shares show strong gains. KLA stock is up 25% this year even as projections for its revenue and profit have come down 7% and 12%, respectively, bringing it a 15 times forward P/E multiple.
Applied Materials has seen a 43% rise this year, and estimates have risen a little bit since January. But at 26 times forward earnings, the stock doesn't have much room to disappoint when it reports.
Some of the biggest gainers this year are smaller names that are losing money or seeing their revenue and profit decline. Mattson Technology (MTSN) has nearly tripled, though it is expected to see sales fall 12% and lose 17 cents a share. Granted, its stock trades at only 1.3 times projected revenue, but still, the move up feels like froth.
One of the few bull cases to be made among the semi equipment stocks is for Lam. Its tools benefit disproportionately from production of DRAM and NAND flash memory chips. The proliferation of mobile devices has driven up demand for both chips, and there is currently a fierce debate over whether Samsung and others will increase their spending to ramp up supply, which would obviously be a good thing for Lam.
With the stock up 39% this year, on the back of rising estimates, it trades at a market multiple of about 13 times this year's earnings.
Despite Lam forecasting this quarter's results below expectations, the weight of the evidence suggests more memory spending, with Samsung a week ago saying it is shifting some spending from making microprocessors to making more DRAM.
Maire, writing last week, opines that while Lam "is not cheap, it probably has legs into the mid-$50 range and could keep going with the industry cycle."
Tiernan Ray can be reached at firstname.lastname@example.com, blogs.barrons.com/techtraderdaily or www.twitter.com/barronstechblog


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This documentation is archived and is not being maintained.
MailMergeDataField Object
Office 2007
|Publisher Developer Reference
You cannot add fields to the MailMergeDataFields collection. All data fields in a data source are automatically included in the MailMergeDataFields collection.
Use DataFields (index), where index is the data field name or index number, to return a single MailMergeDataField object. The index number represents the position of the data field in the mail merge data source. This example retrieves the name of the first field and value of the first record of the FirstName field in the data source attached to the active publication.
|Visual Basic for Applications


text:
|WikiProject Dungeons & Dragons
|(Rated Start-class, Mid-importance)
It doesn't HAVE to be a speedy delete. If you look on google you'll find that Githyanki is, in fact, an actual race. Maybe I'm being soft here, but in adding a VFD I was hoping that someone would step up and add in some real content before it was deleted. Reasoning: If someone adds the content, it would be a good, encylopedic page; if no one adds the content then it probably is not notable enough to stay anyway. Chaz 22:50, Dec 3, 2004 (UTC)
Bad external link[edit]
I removed the following external link because I got a "Server not found ... can't find the server at www.dungeonlord.co.uk." error. I'm recording it here in case the site comes back up later. 126.96.36.199 17:17, 8 August 2006 (UTC)
- Dave Edens (2005). "Charlie Stross Interview". DungeonLord. Retrieved February 15, 2006.
dark sun[edit]
Are these the same as in Dark Sun?--184.108.40.206 17:11, 26 February 2007 (UTC)
- Yes. --Ye Editor 22:32, 26 February 2007 (UTC)
If anyone can track down the original White Dwarf reference for the gith races, that would be awesome. Given the place of the githyanki in D&D over the years (and some of the in-text mentions of creative origin), the notability tag is almost laughable, but rather than inciting deletionists to edit war over tags, let's find the reference and nuke the tag from orbit.Shemeska (talk) 22:15, 19 April 2008 (UTC)
- Hehe. It's a lazy Saturday and I'm not in the lab, so I hunted down the references myself. If there's still a dispute over that tag (for whatever ungodly reason) take it up here before trying to raise it from the dead like a moldy cat in Pet Cemetary.Shemeska (talk) 22:28, 19 April 2008 (UTC)
RfC: Reliable sources & FAQs[edit]
Shemeska claims that a FAQ qualifies as a reliable secondary source such that it provides evidence of notability. Was placing the Notability cleanup template placed on this article a mistake? --Gavin Collins (talk) 23:26, 19 April 2008 (UTC)
- Kindly do not put words in my mouth Gavin. I never made a claim that a FAQ was a reliable secondary source. I added three references: two 3rd party magazine articles, and a link to an interview with the original creator of the Githyanki. Collectively they're enough to nuke the notability tag you slapped on the article. I did not -ever- state that a FAQ was a reliable secondary source as you are claiming, and none of the references I added are FAQs.Shemeska (talk) 00:33, 20 April 2008 (UTC)
- Please provide footnotes. Without them, we have no idea what you have done.--Gavin Collins (talk) 00:41, 20 April 2008 (UTC)
- Then you should have said so initially Gavin, rather than falsely stating that I believed that FAQs are reliable secondary sources. I don't have a clue where you pulled that from, because none of the 3 sources I added are FAQs. I would appreciate if you retracted your claim.Shemeska (talk) 00:46, 20 April 2008 (UTC)
- Beyond that of course, needing to add footnotes is an entirely different issue from the notability tag, which I removed with the addition of 3rd party sources. Needing footnotes has nothing to do with the notability tag or its removal.Shemeska (talk) 00:46, 20 April 2008 (UTC)
- That's what the "nofootnotes" tag is for, which is already on the article. This has nothing to do with notability. BOZ (talk) 16:33, 20 April 2008 (UTC)
- RfC is where you go when you have already tried to resolve the issue on the talk page and failed, it is not the way to begin a conversation. Anyway, I don't see any third party sources here, only promotional publications from the RPG industry, so there is an inherent notability issue here IMHO Beeblbrox (talk) 20:21, 20 April 2008 (UTC)
- There is no issue here. The editors working on this know it needs more 3rd party sources and we are working on them. This is another case of editors of the RPG articles being harassed by the editor asking for the RfC. Web Warlock (talk) 23:01, 20 April 2008 (UTC)
- So, I randomly clicked on this after looking at the RfC page for the first time ever, and now I'm party to harassment because I said something you didn't like and you feel gamers are being persecuted because articles on gaming topics are subject to the general notability guideline just like everything else? Asserting that "there is no issue" does not make it so. If you can cite some references in reliable third party publications, then we're done, there's no notability issue. Beeblbrox (talk) 06:34, 21 April 2008 (UTC)
- No there is no issue neded for an RfC becuase it is a work in progress. The editors working on it know it needs cleaned up and more sources added, there was never a disagreement on that. Your points are valid and everyone knows and understands that. Gavin brought the RfC because he does not know what these articles are about and would rather complain about them than fix them. I am sorry he dragged you, an innocent 3rd party only looking to help, into his pissing-match. Web Warlock (talk) 10:39, 21 April 2008 (UTC)
- So, I randomly clicked on this after looking at the RfC page for the first time ever, and now I'm party to harassment because I said something you didn't like and you feel gamers are being persecuted because articles on gaming topics are subject to the general notability guideline just like everything else? Asserting that "there is no issue" does not make it so. If you can cite some references in reliable third party publications, then we're done, there's no notability issue. Beeblbrox (talk) 06:34, 21 April 2008 (UTC)
- That's what the "nofootnotes" tag is for, which is already on the article. This has nothing to do with notability. BOZ (talk) 16:33, 20 April 2008 (UTC)
- Beeblbrox has made a valid observation and a constructive suggestion; this article has insufficent real-word content to demonstrate the notability of this fictional character, and the way to improve it is by such content by citing reliable secondary sources. --Gavin Collins (talk) 09:01, 21 April 2008 (UTC)
- Then why don't you start fixing the article instead of bitching about it. Web Warlock (talk) 10:40, 21 April 2008 (UTC)
- Beeblbrox made more than one valid observation and constructive suggestion: "RfC is where you go when you have already tried to resolve the issue on the talk page and failed, it is not the way to begin a conversation." BOZ (talk) 11:36, 21 April 2008 (UTC)
- Especially when the RfC was based on a completely false statement. Gavin, please retract what you claimed about me above or I'm going to have to look for Administrative mediation of some sort. This is getting completely out of hand.Shemeska (talk) 11:44, 21 April 2008 (UTC)
- Indeed, I see no evidence that "Shemeska claims that a FAQ qualifies as a reliable secondary source such that it provides evidence of notability" - the FAQ link was in place already when Shemeska placed the other 3rd party references (White Dwarf magazine and Charles Stross interview) on the article page, so Gavin's claim is clearly falsified, which is his basis for calling an RfC in this case. The FAQ link was placed February 2007 by Peregrine Fisher as a reference to note that the Githyanki is considered product identity by Wizards of the Coast. BOZ (talk) 14:20, 21 April 2008 (UTC)
Working on the article[edit]
Currently the article focuses mostly on an in-game perspective. Sine the githyanki are quite notable within the D&D world, it should actually be possible to write a bit more about their effect upon it. A few ideas for fleshing out the article:
- Possibly merge in githzerai, since I'm not sure that they merit seperate articles, and the subjects are clearly related. (Not sure what the new article should be called.)
- The article should summarize the role of githyanki in various editions/settings, rather than present a complete history from one POV.
- The term "gish" is often used within D&D fandom as shorthand for a fighter/mage. The term originates from the original Fiend Folio githyanki entry, so perhaps that could be mentioned?
- Their role in auxiliary fiction should be mentioned: Planescape: Torment, for instance, is a notable video game featuring a githzeri, and I'm sure they pop up in some other D&D novels/videogames.
- Likewise, they probably show up in various parodies of D&D.
There's a consistent problem with finding reliable sources for any subject like this, but hopefully the focus of the article can at least be improved. --Starwed (talk) 15:33, 22 April 2008 (UTC)
- Agree 100% that this, and all D&D articles (apart from anything unique to one edition), should be written in an edition-by-edition format. I'll admit that I'm partially responsible for things being written from a 3E-perspective instead of an edition-by-edition perspective - I guess I was doing a lot of follow the leader. :| In time I came to realize that, since Wikipedia tries to avoid recentism, we should be writing in a way to reveal the entire history of the subject rather than what is "now" - hopefully the new List of Dungeons & Dragons monsters will help to rectify this. :) Additionally, I agree with you on adding the Githyanki's noteworthy appearances in novels and videogames (and parodies). Also to find sources as we can. BOZ (talk) 17:31, 22 April 2008 (UTC)
- Planescape Torment had texts with almost all the history about Githyanki, Githzerai and the old Illithid Empire. Also a few Githyanki NPCs were part of the game. A few notes: Should be noted that Githyanki spend a lot of their time killing Illithids even now. I have seen references of Githyankis believing that Gith is alive and trapped is an unknown place of the Universe. 220.127.116.11 (talk) 13:38, 31 August 2010 (UTC)Anonymous
Image copyright problem with Image:FiendFolioCover.jpg[edit]
The image Image:FiendFolioCover.jpg is used in this article under a claim of fair use, but it does not have an adequate explanation for why it meets the requirements for such images when used here. In particular, for each page the image is used on, it must have an explanation linking to that page which explains why it needs to be used on that page. Please check
- That there is a non-free use rationale on the image's description page for the use in this article.
- That this article is linked to from the image description page.
This is an automated notice by FairuseBot. For assistance on the image use policy, see Wikipedia:Media copyright questions. --05:13, 11 September 2008 (UTC)
- I have replaced that picture with a different one. I hope no one minds. It seems to me that, while the cover of the Fiend Folio may be a better or more exciting image than the one I added, it's not really appropriate for this article. Rather, it would be suitable to use it in the article about the Fiend Folio itself. Polisher of Cobwebs (talk) 00:33, 5 May 2012 (UTC)


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Located in Santa Monica, CA.Are you looking for an applied data science internship? Develop machine learning, NLP, and statistical solutions for real users--image processing, text generation, and more.Our goal is for you to become a self-sufficient team member. We will give you12/2/2016 Santa Monica, CA Save This Job
Location: San Mateo, US Further Responsibilities Work with the Director of Marketing on the coordination of programs and activities to create demand and generate leads Maintain Marketing Calendar of planned activities Assist with coordination of trade show and events planning11/9/2016 San Mateo, CA Save This Job
New York Internship Oct 11, 2016 TradingScreen is the leading global provider of multi-broker, multi-asset class, Software-as-a-Service electronic trading solutions. We are accelerating the technical evolution of the financial markets by providing a fully integrated,11/6/2016 New York, NY Save This Job
Location:Manassas, VA Job Code:1394 # of openings:1 Description Job Qualifications: Aurora enables a high degree of execution authority and responsibility for its individual contributors. Virtually all engineers can point to one or more products and say "My work is on that UAV10/25/2016 Manassas, VA Save This Job
Location:Manassas, VA Job Code:1516 # of openings:1 Description Job Qualifications: Develop mathematical models and simulations of a solar aircraft electrical power system to support analyses required for power electronics hardware design and control software development,10/25/2016 Manassas, VA Save This Job
Location:Manassas, VA Job Code:1430 # of openings:1 Description Job Qualifications: Aurora enables a high degree of execution authority and responsibility for its individual contributors. Virtually all engineers can point to one or more products and say ?My work is on that UAV10/25/2016 Manassas, VA Save This Job


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Proof™ 2 layer
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Adam Levine boasts of having the moves of Mick Jagger – a lofty claim indeed, but if the gorgeous women Levine has had on his arm over the years are any indication, his self-analysis just might be spot on. Since 2004, the sultry singer has been seducing audiences as frontman of the Grammy-winning pop rock group Maroon 5. Levine crooned and hip-thrusted his way to fame, but he has also branched out to television and film as of late - he is a judge and mentor on the singing competition show 'The Voice,' and he has even lined up some acting jobs, including a small role on 'American Horror Story.' Levine is notorious for being the ultimate ladies' man, but he recently proposed to Victoria Secret model Behati Prinsloo. So, is the singer finally settling down, or will he just keep his work life and personal life separate? Only time will tell.
Adam Noah Levine (born March 18, 1979) is an American singer-songwriter, musician and occasional actor best known as the front man and lead singer of American pop rock band Maroon 5. He is also a coach on the American talent show The Voice.
Contributions by Tweetsabird, Jack O'Lantern, and Beckyp4win.


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Fancy dreamers photoshoot!~
Fancy design by Rumminov
Jade Harley by woofkid
Dave Strider by Riven Schwartz
Photo by Anna Providence
More photos and our cosplays you can find here: Art-group "Never-End"
Thanks for your attention!
I have a few other fancy tier photos I've been neglecting but content has been pretty rare.
beautiful deigns are part of @rumminov Fancy Tier set
Wonderlandstuck ;)
Inspired in this: http://rumminov.tumblr.com/post/24934699141/i-sketched-this-while-catching-up-on-game-of
[Goddammit strider where's your hat :c, crossovers are fun ;)]
Somewhere, there's a world we were meant to create
but it seems that we are not stronger than fate ♫
Dirk | Roxy | Photographer | Designs
getting a gander at the cloud ball
jades dress design is by @rumminov
So, Sydnova was fun! On Saturday I went as Rumminov's fancytier Jade, modifying the design a bit to make the hood and skirt grey like it is in the comic. The shoes were bought from Bodyline, no. 284. On that note, if you decide to buy these shoes for general use or cosplay, I'd advise ordering the next size up because they pinch around the toes and at the ankle straps.
Steven Universe AU Malaik
I used Charoite for him since Amethyst is a character on the show already. I really wanna design fusions so I'm hoping more people will make designs for this AU haha
Prospit dreamer
Anonymous asked:
Hi Hhhhammy and Gothichamlet! I just started sewing, and am attempting Rumminov's fancystuck Jade design (with some changes, of course) and wondering if you could help me with some minor pattern changes. I'm working with Simplicity Costume Pattern 2827 design C. I bought sizes 6-12, but the bodice seems a little snug on 12. I was hoping you had some tips on adding fabric for larger arm-holes and more fabric around the upper chest. Thank you!!
Slash and Spread is a great technique to use any time you need to selectively increase/decrease the volume in a commercial pattern! Traditionally it's used for adding gathers and changing the silhouette, but it can also be used to tailor standard patterns to better fit your body. As always, be sure to experiment with muslin first before cutting into your nice fabric, in order to determine how deep and wide to spread your new pattern piece.
ETA: Updated a lot of the images to reflect a full bust adjustment!
never getting tired of rumminovs fancy designs oops
kinda wanted to pixel this but i dont have the patience for that right now
Metatron palette #1
This palette was so difficult and also I am hot garbage so just take this away from me
Character: John Egbert (Fancy Tier)
Series: Homestuck
Debuted at Realmscon 9 (2013)
Photos by Sugoi Knights Cosplay
Fancy Dreamer Vriska - Ichibancon 2014
costume design by rumminov
Sprite and concept drawing I did for the session's first guardian, called the Narrator
statue of liberty…hacked


text:
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Used Terex other 1604 ZW
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text:
Pro Football Kickoff
- Bucs Hoping Michael Johnson Excels This Season The Bucs took a gamble signing Michael Johnson to a huge contract, and this season, he has to be the guy.
- Jake Locker Needs To Become A Leader for Tennessee Titans In 2014 With Chris Johnson gone, the Tennessee Titans look to redesign their offense and that all starts with quarterback Jake Locker. After an injury plagued career, Locker has to stay healthy and become a leader on and off the field if the Titans want to...
- Second Year For Eddie Lacy Could Push Packers To NFL's Most Balanced Offense Green Bay Packers running back Eddie Lacy had a spectacular year in 2013, but improvement by Lacy and a healthy Aaron Rodgers, the Packers may just end up being the NFL's most balanced offense in 2014.
Detroit Lions
- Lions Host Bears, Aiming For 5th Straight Win And 7th In 8 Bears can sweep season series for first time since 2012.
- Did Lions' Travis Swanson Play Through A Concussion On Sunday? Lions' center Travis Swanson played every snap against the Saints on Sunday, but sat out practice on Wednesday due to a concussion.
- Joique Bell Will Graduate, May Play For Lions This Weekend Joique Bell could be headed for one big weekend.
- Why This Is The Best Stretch Of Matthew Stafford's Career Matthew Stafford has gone on some explosive runs as a quarterback, but few that match the one he's on now.


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Socket AM1, Asus Motherboard, Supported Processor AMD Athlon / AMD Sempron, Audio Chipset Realtek ALC887, On-board Video, 7.1 Audio Channels, Memory Technology DDR3 (32 GB Max Supported RAM), 2 Memory Slots... info
ASUS X99 M WS Server Workstation
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12-29-2006, 08:08 PM #1Newbie
- Join Date
- Dec 2006
- Posts
- 27
Cheap, responsible .NAME registration?
Sorry for such a basic question, but Google is completely useless for searching items with punctuation...
I'm looking for a domain registrar that can handle .NAME, is a reasonable price, and won't rip me off later when I renew or transfer the domain away.
And since I'm asking, is $12.95 good for a .CA domain? What's the registrar of choice for .COM?
P.S. Why do registrars hide their prices so well? I'm currently looking at NetFirms and can't find a domain pricelist anywhere.


text:
Login/Create Account
Check Out the new Remax App
Ask About This Home
Light, Bright, Spacious and Immaculate Condex in fabulous center of town location. This 7 room, 3 bedroom residence has 1386 square feet of living space and is close to train, school, playground, lake, and library. As you enter, you will find a wonderful size living room with fireplace, beautiful hardwood floors and french doors that open into a bright and sunny room with loads of windows, which can be used as playroom/family room/office/art studio. There is a large dining room with a built in china cabinet, kitchen, 2 bedrooms, a full bath room and an office completes this level. The upstairs has one large room which can be used as the 3rd bedroom or a wonderful family room. There is ample storage space in the eves, unfinished attic area and basement. This property also features high ceilings, replacement windows, hardwood floors, a one car garage and yard for your enjoyment.


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How to Remove Android Widgets
Android widgets that you don't use anymore can clutter your Home screen panels like candidate yard signs the day after an election. Fortunately, Android widgets aren't permanent or set in stone. You can remove widgets from view on your Home screen or eliminate them from your system entirely by uninstalling the app it belongs to.
Remove Widget From Home Screen
Step 1
Tap "Home" and then navigate to the Home screen panel holding the widget you want to remove.
Step 2
Long press the widget until the "Remove" notification appears.
Step 3
Drag the widget towards the top of the screen until it turns red and then release it. With some earlier versions of Android, you may need to drag the widget towards the bottom of the Home screen instead. Even though you have removed the widget from view, the app itself is still running on your Android device.
Uninstall Widget Apps Using Settings
Step 1
Launch "Settings" and then tap "Apps."
Step 2
Tap the name of the app the widget belongs to. For example, a weather widget may be generated by an app from Yahoo, the Weather Channel or WeatherBug.
Step 3
Tap "Uninstall" and "OK" to remove the app.
Uninstall Widget Apps Using Play Store
Step 1
Launch Play Store, tap the "Menu" button and then "My apps."
Step 2
Scroll through the list of installed apps and locate the one you want to remove.
Step 3
Tap the app's icon, "Uninstall" and then "OK" to remove the app.
Tips & Warnings
- Information in this article applies to Android Jelly Bean and KitKat. It may vary slightly or significantly with other versions or products.


text:
X-Men: Days of Future Past Reveal
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Heads up, X-men fans! For one day only, Empire magazine, various twitter accounts, and the X-Men Days of Future Past are coming together to provide fans with exclusive assets from the upcoming film. From Wolverine to Mystique, fans will get a stylized peek at a wide variety of their favorite heroes from the upcoming film!


text:
Friction-free betting & live television makes addiction easy to achieve for betting apps!
Added over 2 years ago | As appeared first on smartinsights.com | Author: http
As mobile marketers get to grips with planning activity and budgets for 2014, this post takes a look at using tracking and analytics tools to optimize your mobile investment and performance. Consumers expect and demand an exceptional user experience on their mobile and tablets, competition for their attention and loyalty intensifies, and your internal stakeholders will be looking to maximize their investment in mobile. A structured approach to tracking and analytics provides three core busine...Continue reading on www.smartinsights.com


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With technology constantly leaping ahead, a webmaster's job is never done. Web-Feet specialise in the design and development of superior CMS platforms such as Wordpress and the world-class eCommerce solution, Magento. Give existing and potential customers the ultimate cross-platform user experience. Stay one step ahead of the game.
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Unit 4, 1 School Lane, Chandler's Ford, Eastleigh, Southampton, Hampshire


text: So theres like a gazillion small (very very tiny) scratches all over my screen. It can only be seen in light, but when I can see it, it's very very annoying! I was sponging the back of my ipod, and I was sure to do this on microfiber, but it still came out like this. Should I try using some type of glass cleaner? Anything I can use for it? Would a switcheasy screen protector hide them? Invisibleshield??? My back plate looks amazing(although scratches still remail), but my screen's all messed up!!! Help! Please Register or Log in to view images


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Tina Waibel
LONDON , London, United Kingdom
Not Accepting Guests
- Last login about 17 hours ago
Join Couchsurfing to see Tina's full profile. It's free!
About Me
Discover new places - new culture, meet nice people
adventurer, foodie, tea lover, entrepreneur, humanitarian, female empowerment activist, rural development enthusiast
Why I'm on Couchsurfing
Hosting people.
Organising some activities.
Travelling with couchserfers or surfing at locals places;
Giving advice or opinion about something I know or I've experienced.
Hosted some interesting people, some became real friends.
I've been hosted by great people as well.
The main keyword for me is "sharing"!
Mountaineering ( via ferrata - rock climbing - alpinism - ski: don't practise enough, not good enough ) - running, trail, gym, yoga, cycling, swimming...
Cooking, festival, live gigs, theatre, opera, drink, food, dancing...
- culture
- books
- beauty
- festivals
- dancing
- dining
- cooking
- yoga
- running
- drinking
- traveling
- alpinism
- music
- opera
- outdoor activities
- cycling
- adventure races
- mountaineering
- surfing
- skiing
- rock climbing
- swimming
- beaches
Music, Movies, and Books
garage, indie, jazz, soul, opera, rnb
a paulo coelho fan
love french and english classic books
One Amazing Thing I've Done
I've been in les Calanques several times (Sormiou, Morgiou, En veau, Callelongue, Cassis, Figuerolles, Port Miou...) and I'm always amazed by its beauty...the rock, the beach and everything around there is so gorgeous!!
Teach, Learn, Share
Share a cup of tea or a road trip!
Teach: or talk about things I know, I like
Learn from anyone!
What I Can Share with Hosts
my experience of the city I live
maybe a couch
Countries I've Visited
Austria, Belgium, Ghana, Hungary, Italy, Netherlands, Slovakia, Switzerland, Thailand, Togo, United Kingdom
Countries I've Lived In
Benin, France, Madagascar, United Kingdom


text:
You have an active residents' discount at your current address.
If you have moved within the resident discount zone you may be able to transfer the discount to your new address.
To keep your discount you will need to supply certain documents about your new address and vehicle.
You can upload these documents now, or post them to us with the reference number provided at the end of this application. If you are sending documents by post they must be received within 10 working days of your application.


text:
The average cost for a Axle/Half Shaft Replacement - Front is between $1043 and $1477. Labor costs are estimated between $211 and $267 while parts are priced between $832 and $1210. Get a personalized estimate based on your location and specific car. Estimate does not include taxes and fees.
Front Axle Replacement Cost for Honda Accord Hybrid
Axle/Half Shaft Replacement - Front Estimate (National Average)
Validated estimate range for national average.
View Estimate Details
Parts & Labor Breakdown
Labor: $211 - $267
Parts: $832 - $1210
Estimate does not include taxes and fees.
Best Practices
An axle half shaft replacement is often recommended if the part has been removed during another repair and inspection shows that it is worn and due for replacement.
We recommend using new replacement CV axle shafts. Due to the dropping part prices, it has become very economical to do so, and new units are much more reliable than rebuilt units.
Common Symptoms
A "clicking" noise when turning can be from a failing CV joint. In many cases, the CV axle shaft will need to be replaced.
Common Misdiagnoses
After the repair, if there are any "clicking" sounds when making turns return to the shop to have them further address the problem. It's likely that the Honda Accord Hybrid's CV joint needs to be replaced.
Last step before receiving your estimate:
* Estimate for all Honda Accord Hybrid model years. Get a more accurate price by entering in your year.


text:
Clarkslegal LLP is a leading, full service commercial law firm with a reputation for being innovative, practical, commercial and strategic, able to draw on expertise from our associated companies to help deliver solutions for our clients in the UK and internationally.
We act for a wide range of businesses, from start up and SMEs, to multinationals and FTSE250 companies as well as numerous public sector bodies and individual clients.
Our aim is to make things happen for our clients, whether from a legal perspective or by helping them make the right connections to achieve their desired business outcomes.
Police Force entitled to set upper age limit in recruitment
09 Dec 2016 #Employment
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Tech City reports a surge in applications for Exceptional Talent endorsements
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Tech City reported a huge increase in applications for visas that allow non-EEA tech workers to work in "exceptionally talented" roles in the UK. ...
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Companies have limited liability. Does this mean that their directors can never be liable for the acts of the...
Bitesize Real Estate Webinar Series: Franchising - A Good Way to Grow?
18 Jan 2017 PM


text:
- Worldwide Rank #109,616,707
- Follower/Following Ratio 0.09
- Daily New Followers 0
mmmmminnnnnn Twitter Stats
@001000o - Tracking mmmmminnnnnn Twitter profile since August 14, 2013
어리다고 좋은 게 아니고 정말 좋아해요
미뉸기가 너무 좋은데 어떻게 하죠
mmmmminnnnnn Tweets
@001000o has posted 5,940 tweets in the last 21 days, which translates to an average of 282.9 tweets per day.
mmmmminnnnnn Twitter Followers
@001000o has 11 followers on Twitter.
This account is #109,616,707 in the worldwide rank of the most popular Twitter users.
mmmmminnnnnn Following on Twitter
@001000o is following 127 Twitter accounts.
Last month this account followed 82 users.
mmmmminnnnnn Predictions & Milestones
@001000o will hit 14 followers in the next 3 months, and 25 in one year.
You are on mmmmminnnnnn's Twitter stats page
We track these Twitter stats since August 14, 2013 . You can see how many followers mmmmminnnnnn lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
Why don't you give it a try and compare mmmmminnnnnn to yourself ? Or if you are mmmmminnnnnn get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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From Wikipedia, the free encyclopedia
|Picture of the day
The George Washington Masonic National Memorial is a Masonic building and memorial located in Alexandria, Virginia. Dedicated to George Washington, the first President of the United States and a Mason, the memorial was completed in 1932. Designed by Harvey Wiley Corbett, it is 333 ft (101 m) tall.
Photo: Joe Ravi


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Sewing For Beginners
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Latest Comments
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"I want know free pot holder pattern and send me mail. Thanks Mary Kistner"
"This skirt totally reminds me of Elle Woods. I love the girly details!"
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599la53 1316608
"The book is $20 and it promotes the photography. I guess she considers the patterns free after you pay the $20."
"Nice airy looking scarf made from a very pretty silk. It lays so nice and would be perfect to wear to that holiday function or even around town. I like that the tutorial had a link to show a couple ways to finish the hems. A great easy scarf to make even for a beginner to make. Anyone make one yet?"
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These pics are for the special theme "pressed glass". Theyare of my 44 year old wife washing the van and peering out the back door(which had some unique smudge marks when we finished). She does not knowI am posting these. She would be very upset because she feels that she doesnot have an attractive body anymore (you know women). I might post morebut am unsure of the what the comments might be. The VW BB can be a toughplace!! Do be honest though. Title: Pressing The Issues Camera
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United States District Court, E.D. Pennsylvania
January 16, 2014
PHILLIP GODDARDv.STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Page 474
For PHILLIP GODDARD, Plaintiff: ELLIOTT TOLAN, PHILADELPHIA, PA.
For STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant: KATHERINE COLE DOUGLAS, PHILADELPHIA, PA.
AND NOW this 16th day of January, 2014, upon consideration of the motion for summary judgment by defendant State Farm Mutual Automobile Insurance Company (Dkt. No. 35) and the response of plaintiff Phillip Goddard (Dkt. No. 36), and consistent with the accompanying memorandum of law, it is ORDERED that defendant's motion is GRANTED. JUDGMENT is entered in favor of defendant State Farm Mutual Automobile Insurance Company and against plaintiff Phillip Goddard.
Page 475
Plaintiff Phillip Goddard sued State Farm Mutual Automobile Insurance Company for breach of contract and bad faith arising from defendant's refusal to pay uninsured/underinsured motorist (UM/UIM) benefits to Goddard. Presently before me is defendant's second motion for summary judgment and plaintiff's response thereto.[1] For the reasons that follow, I will grant defendant's motion.
Goddard was in an automobile accident in Philadelphia on August 6, 1998 that occurred due to the negligence of an uninsured or underinsured driver. Dkt. No. 3 at ¶ ¶ 7-8. According to police reports, Goddard was on the Schuylkill Expressway when he was involved in two impacts. Dkt. No. 35 at ¶ 5. The first impact occurred when Michael Grant struck Goddard's car in the rear in heavy traffic and was described as minor. Id. This impact rendered Goddard's car temporarily inoperable and a second car driven by Michael Bogan then also struck Goddard's car in the rear. Id. It is unknown whether Michael Grant was insured for the 1998 accident; however, Michael Bogan, the driver of the second car that struck Goddard, carried $25,000.00 of liability coverage. Id. at ¶ 6. Goddard suffered injuries as a result of this accident and made a claim under the UM/UIM provision of his State Farm policy.[2] Id. at ¶ ¶ 7-10.
Goddard's State Farm policy contained a cooperation clause detailing the insured's duties after reporting a claim. Dkt. No. 35 at ¶ 8.[3] Between December, 1998 and
Page 476
February, 1999 Goddard failed to comply with State Farm's several requests for an independent medical examination. Dkt. No. 3 at ¶ 17; Dkt. No. 35 at 47-74. The parties selected a neutral arbitrator in Delaware on June 29, 2005 and between September, 2005 and February, 2007 State Farm revived its attempts to acquire a medical examination of Goddard to no avail. Dkt. No. 18-1 at 18; Dkt. No. 35-2 at 33-50. On September 22, 2005 State Farm conditioned the arbitration of Goddard's UM/UIM claim on his completion of a medical examination. Dkt. No. 35 at ¶ 46. After disciplinary action was taken against Goddard's attorney, Allen Feingold, Goddard obtained new counsel who contacted State Farm on February 2, 2007 requesting to proceed to arbitration.[4] Dkt. No. 3 at ¶ 18. State Farm ultimately denied Goddard's claim and closed his file in 2007, citing both his failure to permit a medical exam and State Farm's belief that the statute of limitations on Goddard's claim had expired. Dkt. No. 18-1 at 29, 31. Plaintiff filed the instant action October 7, 2011. Dkt. No. 3.
In its second motion for summary judgment State Farm argues that Goddard violated the cooperation clause in his policy with State Farm by refusing to submit to a medical examination after the accident. Dkt. No. 35 at ¶ ¶ 31-42. State Farm claims that it has been deprived of its opportunity to " assess plaintiff's condition following the accident, determine the legitimacy of those injuries, to the extent possible separate the injuries allegedly caused by the two tortfeasors, and separate the alleged injuries in the accident from any injuries or naturally occurring conditions plaintiff may have suffered since 1998." Id. at ¶ 40. Therefore, State Farm claims that it acted reasonably in denying Goddard's claim due to his breach of the cooperation clause. Id. at ¶ ¶ 61-69. State Farm also asserts that Goddard's first-party bad faith claim is time barred by the two year statute of limitations because State Farm's allegedly frivolous and unfounded conduct occurred between April 11, 2006 and February 7, 2007 when State Farm closed Goddard's file and Goddard did not file his complaint until October 7, 2011. Id. at ¶ ¶ 48-52. Finally, State Farm claims that Goddard's claims must be dismissed because no common law bad faith cause of action exists in the first-party context. Id. at ¶ ¶ 53-60.[5]
Goddard argues that State Farm has waived its argument regarding breach of the cooperation clause because " there is no mention of this supposed non-cooperation in State Farm's answer to the complaint." Dkt. No. 36 at 3. He claims that State Farm's argument " likewise did not surface in the final correspondence leading to the aborted attempt to schedule the arbitration hearing." Id. at 3. Goddard further contends that State Farm did not demonstrate that it suffered any prejudice from the lack of a medical examination. Id. at 4. He claims that the doctrine of equitable
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estoppel prevents State Farm from invoking the cooperation clause as a defense because " defendant has only himself to blame for any delay in this case." Id. at 4. Goddard also argues that his bad faith claim was timely filed because the conduct at issue occurred in December, 2010. Dkt. No. 36 at 5. Goddard's response to State Farm's second motion for summary judgment does not address the issue of whether Pennsylvania recognizes a bad faith cause of action.
Summary judgment will be granted " against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party moving for summary judgment bears the burden of demonstrating 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);
see Celotex, 477 U.S. at 322-23. If the movant sustains its burden, the nonmovant must set forth facts demonstrating the existence of a genuine dispute. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is genuine if " the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. A fact is " material" if it might affect the outcome of the case under governing law. Id.
To establish " that a fact cannot be or is genuinely disputed," a party must:
(A) cit[e] to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or
(B) show[ ] that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.
Fed. R. Civ. P. 56(c)(1). The adverse party must raise " more than a mere scintilla of evidence in its favor" in order to overcome a summary judgment motion and cannot survive by relying on unsupported assertions, conclusory allegations, or mere suspicions. Williams v. Borough of W. Chester, 891 F.2d 458, 460 (3d Cir. 1989). The " existence of disputed issues of material fact should be ascertained by resolving all inferences, doubts and issues of credibility against" the movant. Ely v. Hall's Motor Transit Co., 590 F.2d 62, 66 (3d Cir. 1978) (citations and quotation marks omitted).
I. Statute of Limitations
Plaintiff claims that State Farm acted in bad faith in violation of 42 Pa. Cons. Stat. § 8371. Dkt. No. 3 at ¶ 29. In its motion for summary judgment defendant asserts that plaintiff's statutory bad faith claims are time barred. Dkt. No. 35 at ¶ ¶ 43-52. I disagree with defendant and find that the statutory period was tolled by plaintiff's petition to compel arbitration.
Defendant bears the burden of establishing as a matter of law that plaintiff's claims are barred by the statute of limitations. See e.g., Van Buskirk v. Carey Canadian Mines, Ltd., 760 F.2d 481, 487 (3d Cir. 1985). The Court of Appeals has held that an action under § 8371 is subject to a two-year statute of limitations. Haugh v. Allstate Ins. Co., 322 F.3d 227, 236 (3d Cir. 2003). In general, the statute of limitation begins to run when a right to
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institute and maintain suit arises. A bad faith claim arises upon a " frivolous or unfounded refusal to pay proceeds of a policy." Sikirica v. Nationwide Ins. Co., 416 F.3d 214, 224-25 (3d Cir. 2005) (internal citations omitted). Additionally, because " [plaintiff] may not separate initial and continuing refusals to provide coverage into distinct acts of bad faith," in this case the statute of limitations began to run upon Goddard's first notice of State Farm's allegedly frivolous or unfounded refusal to pay policy proceeds.
Sikirica, 416 F.3d at 225, citing Adamski v. Allstate Ins. Co., 1999 PA Super. 241, 738 A.2d 1033, 1042 (Pa. S.Ct. 1999). " Repeated or continuing denials of coverage do not constitute separate acts of bad faith giving rise to a new statutory period."
Sikirica, 416 F.3d at 225. Finally, pursuant to § 171.24 of the Pennsylvania Code, a plaintiff's motion to compel arbitration serves to toll the statute of limitations. 37 Pa. Code § 171.24; see also Boyle v. State Farm Mut. Auto. Ins. Co., 310 Pa.Super. 10, 456 A.2d 156, 163 (Pa. S.Ct. 1983).
Goddard and State Farm disagree on which event causes the statute of limitations to begin to run. Plaintiff claims that " [d]efendant's refusal to proceed with the arbitration hearing occurred in December of 2010." Dkt. No. 36 at 5. However, plaintiff has not identified precisely which activity or correspondence is the basis of this alleged refusal. Defendant denies that it engaged in any frivolous or unfounded refusals to pay benefits but supposes that its September 22, 2005 letter conditioning the arbitration of Goddard's UM/UIM claim on his completion of a medical examination is the only conduct that could form the basis of plaintiff's claim. Dkt. No. 35 at 26. Ultimately this disagreement does not affect my statute of limitations analysis because plaintiff's March 21, 2001 Petition to Compel Arbitration tolls the statute of limitations regardless of whether it was triggered in 2005 or 2010. Dkt. No. 35-2 at 1 (Exhibit P). Therefore, I find that the statutory period has not run, and defendant is not entitled to summary judgment on that basis.
II. Breach of Cooperation Clause
Defendant seeks summary judgment on plaintiff's claims of bad faith and breach of contract based on plaintiff's prejudicial breach of the cooperation clause in his insurance policy with State Farm. Dkt. No. 35 at ¶ ¶ 31-42. To prevail, defendant must establish that Goddard breached a material term of the insurance contract, and that the breach resulted in prejudice to State Farm. I will grant summary judgment for defendant and find as a matter of law that Goddard's refusal to participate in a medical examination was a material breach of his insurance policy that did result in prejudice to State Farm.
A. Materiality and Prejudice
A prejudicial breach of the cooperation clause of an insurance policy relieves the insurer of its obligations under the policy. Conroy v. Commercial Cas. Ins. Co., 292 Pa. 219, 140 A. 905, 907 (Pa. 1928). However, " [a] failure to cooperate must be substantial and will only serve as a defense where the insurer has suffered prejudice because of the breach." Forest City Grant Liberty Assocs. v. Genro II, Inc., 438 Pa.Super. 553, 652 A.2d 948 (Pa. S.Ct. 1994). Additionally, " an insurance company bears the burden of establishing that it has been materially prejudiced by a failure to cooperate." Brakeman v. Potomac Ins. Co., 472 Pa. 66, 371 A.2d 193, 196 (Pa. 1977).
Where an insurer seeks to avoid liability for lack of cooperation, usually the question of whether there has been a material breach is a question of fact for the jury. See e.g., Donaldson v. Farm Bureau Mut. Auto. Ins. Co.,
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339 Pa. 106, 14 A.2d 117, 118 (Pa. 1940). But where the lack of cooperation is conclusively established, as it is here, I may find that there has been a material breach as a matter of law. Cameron v. Berger, 336 Pa. 229, 7 A.2d 293, 295-96 (Pa. 1938); see also Murphy v. Fed. Ins. Co., 206 Fed.Appx. 143, 148-49 (3d Cir. 2006); Chanel Inc. v. The Jupiter Group, Inc. et al., No. 04-1540, 2007 WL 1247032, at *2 (M.D. Pa. Apr. 27, 2007). The plain language of the cooperation clause in Goddard's policy and the correspondence between Goddard and State Farm appended to both parties' fillings conclusively establish that Goddard was required to submit to a medical examination in order to recover under his policy, and that he repeatedly failed to do so. Goddard's lack of cooperation persisted despite at least six written requests over 1.5 years. Dkt. No. 18-1 at 22, 24-25, 27-29. The record reflects that Goddard received and responded to at least five of these written requests, remaining nonresponsive to scheduling the medical examination or reiterating his unwillingness to cooperate. Id. at 24, 26, 30, 32, 34.
Similarly, prejudice may be established as a matter of law. See Metal Bank v. Insurance Co., 360 Pa.Super. 350, 520 A.2d 493, 498 (Pa. Super. 1987); Hyde Athletic Indus., Inc., v. Continental Cas. Co., 969 F.Supp. 289, 300 (E.D. Pa. 1997). The determination of prejudice is " highly circumstance dependent." Vanderhoff v. Harleysville Ins. Co., 78 A.3d 1060, 1067 (Pa. 2013), citing Nationwide Ins. Co. v. Schneider, 599 Pa. 131, 960 A.2d 442, 452 (Pa. 2008). In this case, State Farm has irrevocably been denied the opportunity to evaluate the state of Goddard's health at the time of his claim, to determine whether all of the conditions for which he sought treatment resulted from the accident, and to determine whether Goddard's various injuries resulted from one or both impacts. Therefore, Goddard's refusal to participate in a medical examination prevented State Farm from determining the extent to which Goddard's claimed injuries were caused by an uninsured driver, and thereby the extent of its own liability under the policy, and prevented State Farm from determining whether it could seek contribution under the policy of the insured driver of the second impact for the injuries attributable to that driver. I find that Goddard's failure to cooperate by submitting to an independent medical examination resulted in prejudice to State Farm.
B. Failure to Raise Affirmative Defense in Responsive Pleadings
Plaintiff asserts that defendant is precluded from raising this breach of the cooperation clause defense because it is an affirmative defense not raised in the answer or other responsive pleading.[6] Dkt. No. 36 at 3-4. I disagree.
Generally, failure to raise an affirmative defense in a responsive pleading results in waiver. Fed.R.Civ.P. 8(c). " Courts in this Circuit, however, have taken a more forgiving approach to parties who fail to raise affirmative defenses in an answer, as courts have held that the failure to raise an affirmative defense by responsive
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pleading or appropriate motion does not always result in waiver." Sultan v. Lincoln Nat'l Corp., No. 03-5190, 2006 WL 1806463, at *13 (D.N.J. June 30, 2006). The Court of Appeals has consistently held that a " defendant does not waive an affirmative defense if '[h]e raised the issue at a pragmatically sufficient time, and [the plaintiff] was not prejudiced in its ability to respond.'" Charpentier v. Godsil, 937 F.2d 859, 863-64 (3d Cir. 1991). Therefore, though a motion for summary judgment is " not the most appropriate way to raise a previously unpled defense" it will not result in waiver of the affirmative defense unless the plaintiff is prejudiced.
In determining prejudice I may consider whether plaintiff had notice of defendant's unpled affirmative defense. Pondexter v. Dep't. of Hous. and Urban Dev., 324 F.Appx. 169, 171-72 (2009). In Pondexter, the plaintiff was put on notice that the defendant would assert a statute of limitations defense three years before the defendant first raised the affirmative defense in its motion for summary judgment, causing the Court of Appeals to conclude that the " [plaintiff] had ample time to explore the issue and prepare a response to [the defendant's] motion for summary judgment . . . Therefore, [the plaintiff] suffered no prejudice by [the defendant's] delay, and the District Court properly granted summary judgment on [the plaintiff's] claims." Id. at 171-72. In this case, Goddard and State Farm exchanged letters about State Farm's position that Goddard's failure to appear for a medical exam would result in denial of his claim under the policy at least six times between 2005 and 2007. Dkt. No. 18-1 at 21-34. Plaintiff has been on notice for eight years that State Farm predicated its denial of his claim on this failure to cooperate with the request for a medical exam. I find that plaintiff was not prejudiced by State Farm's failure to include its affirmative defense in the answer.
Plaintiff asserts that State Farm should be equitably estopped from raising the defense because State Farm " continued to litigate this matter for years without taking any steps to enforce its alleged right to a defense medical examination," claiming that " [State Farm] may not belatedly attempt to enforce this right now." Dkt. No. 36 at 4. I disagree. Plaintiff filed his amended complaint on October 20, 2011. Defendant appropriately filed its second motion for summary judgment less than one year later, after I ruled that Pennsylvania law applies to this claim, and timely raised the corresponding Pennsylvania law arguments. Further, I see no reason to believe that State Farm missed opportunities to raise this affirmative defense between filing its answer and filling the present motion. Defendant is not equitably estopped from raising its affirmative defense of plaintiff's breach of the cooperation clause because I find that defendant did so in pragmatically sufficient time.
An appropriate Order follows.
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