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United States District Court, E.D. New York
August 25, 2005.
MECOS, S.r.L., Plaintiff,
GEORAL INTERNATIONAL, LTD. dba GEORAL INTERNATIONAL aka GEORAL INTERNATIONAL OF CALIFORNIA, GEORAL INTERNATION OF NEW YORK, INC. dba GEORAL INTERNATIONAL aka GEORAL INTERNATIONAL OF CALIFORNIA, GEORAL INTERNATIONAL OF CALIFORNIA dba GEORAL INTERNATIONAL, Defendant.
Plaintiff Mecos, S.r.L. ("Mecos") brought a breach-of-contract
action against defendants Georal International, Ltd., Georal
International of New York, Inc. and Georal International of
California (collectively, "defendants"). Defendants move to
compel arbitration. For the following reasons, the Court grants
the motion. BACKGROUND
This dispute arose after the defendants failed to tender
payment to Mecos for forty specially-ordered security portals.
The following facts are not in dispute.
A. Distributorship Agreement
In December 1995, "Mecos S.p.A., of Bologna, Italy" and "Georal
International of Whitestone, New York, U.S.A." entered into a
Distributorship Agreement ("Agreement").*fn1 See Agreement
at 1, att'd as Ex. A to Defs.' Notice of Mot. to Compel
Arbitration ("Defs.' Notice").
1. Parties to Agreement
Mecos argues that none of the defendants have standing to
enforce the Agreement because they were not signatories to the
The Agreement stated that it was "between Mecos S.p.A., of
Bologna, Italy (`Mecos') and Georal International of Whitestone,
New York, U.S.A. (`Georal')." See Agreement at 1. With two
exceptions, the Agreement, thereafter, referred to the parties as
"Mecos" and "Georal": (1) Article XII provided that "notices . . .
shall be sent . . . to: Mecos S.p.A. . . . [and] Georal
International"; and (2) the Agreement was executed by Piero
Zambuto ("Zambuto"), who was listed as the president of "Mecos
S.p.A." and Alan J. Risi ("Risi"), who was listed as the
president of "Georal International." See id. at 6-7.
2. Terms of the Agreement
The Agreement appointed Georal as a distributor of Mecos's
products in the United States and Canada and set forth the terms
of sales for those products. See id., arts. I, VIII. The
Agreement contained an arbitration provision, which provided:
Should any problems, disagreements or disputes arise
between Mecos and Georal in connection with this
Agreement, the parties shall attempt to resolve all
such matters on a friendly and business-like basis.
If they should be unsuccessful they will each appoint
a representative, familiar with their business to act
as arbitrators. The two representatives will review
the circumstances of the dispute and apply business
principles to arrive at a resolution. The decision of
the representatives will be binding.
The Agreement set an initial term of three years, which expired
well before the instant dispute occurred; however, it was
renewable for additional two-year terms "upon agreement on the
`sales goals' for the new term, and unless either party decides
not to renew, pursuant to the terms of ARTICLE IV[,]" which
The sole grounds for not renewing this Agreement
shall be the failure of performance of the other
part. The innocent party must give the non-performing
party 90-days written notice of its failure to
perform and a demand for proper performance. If the
failure is not cured within the 90-day period, the
innocent party may terminate the Agreement.
B. Georal Entities
Risi is the sole shareholder and president of each of the
defendants. See Aff. of Risi (Oct. 17, 2004) ¶ 1, attached to
Defs.' Notice. Georal International, Ltd. was formed on October
24, 1995 for the express purpose of doing business with Mecos and
engages in the sale of security portals. See Aff. of Pryor ¶
Georal International of New York, Inc. and Georal International
California were formed in November 1999 and September 1999
respectively, subsequent to the date of the Agreement. See Aff.
of Pryor ¶ 15.
C. Litigation That Transpired Between the Filing of the
Complaint and the Defendants' Notification of their Intent to
Move to Compel Arbitration
Mecos filed the Complaint against the defendants on December
11, 2003 and served it on them on December 21, 2003. See Docket
No. 1, 3-5. When the defendants failed to answer in a timely
manner, Mecos filed a request with the Clerk of the Court to
enter a default. See Aff. of David W. Berenthal (Nov. 17, 2004)
¶ 6. Thereafter, on January 26, 2004, the defendants filed an
Answer and a Counterclaim. See Docket No. 6. On March 3, 2004,
Mecos provided initial discovery in accordance with Fed.R. Civ.
Pro. 26(a)(1). See Aff. of David W. Berenthal ¶ 7. On April 7,
2004, less than five months after the Complaint was filed, the
defendants notified Mecos and the Court of their intention to
move to compel arbitration. See id. ¶ 10. This motion ensued.
In addition to Mecos's argument that the defendants were not
signatories to the Agreement and thus do not have standing to enforce the
arbitration clause, Mecos argues that it is not subject to the
clause because (1) the Agreement was abandoned; and (2) the
defendants waived their right to invoke the clause because of
their delay in invoking it.
A. Standing
The Court need not resolve whether the defendants were parties
to the Agreement because even assuming arguendo that they were
not, they may still compel arbitration pursuant to the Agreement.
"[U]nder principles of estoppel, a non-signatory to an
arbitration agreement may compel a signatory to that agreement to
arbitrate a dispute where a careful review of the relationship
among the parties, the contracts they signed . . ., and the
issues that had arisen among them discloses that the issues the
nonsignatory is seeking to resolve in arbitration are intertwined
with the agreement that the estopped party has signed." JLM
Industries, Inc. v. Stolt-Nielsen SA, 387 F.3d 163, 177 (2d Cir.
2004) (internal citations and quotations omitted); see also
Astra Oil Co., v. Rover Navigation, Ltd., 344 F.3d 276, 279 (2d
Cir. 2003); Choctaw Generation Ltd. P'ship v. Am. Home Assurance
Co., 271 F.3d 403, 406 (2d Cir. 2001); Smith/Enron Cogeneration
Ltd. v. Smith Cogeneration Int'l, Inc., 198 F.3d 88, 98 (2d Cir.
As the Second Circuit recently explained in JLM Industries,
[I]n Choctaw, we found that where the merits of an
issue between the parties was bound up with a
contract binding one party and containing an
arbitration clause, the tight relatedness of the
parties, contracts and controversies was sufficient
to estop the bound party from avoiding arbitration.
Similarly, in Smith/Enron Cogeneration Ltd. Partnership, Inc., we held that the party
attempting to resist arbitration was estopped from
doing so because it had treated arguably
non-signatory companies and their signatory assignees
as a single unit in its complaint in a related
lawsuit. Most recently, in Astra Oil Co., we found
that petitioner Astra could hold respondent Rover to
an arbitration clause to which Astra's affiliate AOT
was also a signatory because of the close corporate
and operational relationship between Astra and AOT,
because the claims Astra brought against Rover arose
under the agreement binding AOT and Rover to
arbitration, and because in various respects Rover
had treated Astra as a party to the agreement.
Even assuming arguendo that Georal International, Ltd. and
the Georal in the Agreement are separate entities, they certainly
are very closely related, as both have the same president and
sole shareholder, engage in the sale of security portals and do
business with Mecos; also, as in Choctaw, Mecos's claims
against Georal International, Ltd. to recover payment owed as a
result of the sale of security portals are closely intertwined
with the Agreement, which covered the distribution of Mecos's
security portals. Therefore, Mecos is estopped from avoiding
arbitration with Georal International, Ltd. even if it was not a
signatory to the Agreement.
Similarly, Mecos is estopped from avoiding arbitration with the
remaining defendants even though they were not in existence as of
the date of the Agreement. The remaining defendants are closely
intertwined with defendant Georal International, Ltd., as they
all share the same president and sole shareholder. Furthermore,
as in Smith/Enron Cogeneration Ltd. Partnership, Inc., Mecos
has treated them as a single unit in its Complaint, alleging that each of the defendants failed to pay
for the forty specially-ordered security portals and listing each
of the defendants in the caption of the Complaint as doing
business as the others.
B. Abandonment
The Court also need not resolve whether the parties have
abandoned the Agreement because that is a matter for arbitration.
Where, as here, "the arbitration clause is broad and arguably
covers disputes concerning contract termination, arbitration
should be compelled and the arbitrator should decide any claim
that the arbitration agreement, because of substantive or
temporal limitations, does not cover the underlying dispute."
McAllister Brothers, Inc. v. A&S Transportation Co.,
621 F.2d 519, 522 (2d Cir. 1980). Arbitration need not be compelled only
where, unlike here, it "cannot be reasonably construed to cover
disputes over whether the contract was in force during the
relevant period[.]" Id.
C. Waiver
Lastly, even though the defendants did not immediately move to
compel arbitration, they have not waived their right to do so.
The Second Circuit has explained:
[W]aiver of the right to compel arbitration due to
participation in litigation may be found only when
prejudice to the other party is demonstrated. This
Court has recognized two types of prejudice:
substantive prejudice and prejudice due to excessive
cost and time delay. Prejudice can be substantive,
such as when a party loses a motion on the merits and
then attempts, in effect, to relitigate the issue by
invoking arbitration, or it can be found when a party
too long postpones his invocation of his contractual
right to arbitration, and thereby causes his
adversary to incur unnecessary delay or expense.
In regard to time delay, the Second Circuit "has refused to
find waiver in a number of cases where delay in trial proceedings
was not accompanied by substantial motion practice or discovery."
Thyssen, Inc., 310 F.3d at 105. Furthermore, "[i]ncurring legal
expenses inherent in litigation, without more, is insufficient
evidence of prejudice to justify a finding of waiver." PPG
Industries, Inc. v. Webster Auto Parts, Inc., 128 F.3d 103, 107
(2d Cir. 1997). Here, Mecos has not established sufficient
prejudice based either expense or temporal delay because only
five months elapsed between the time the Complaint was filed and
the time the defendants notified Mecos and the Court of their
intention to move to compel arbitration, and during that time,
motion practice was limited to a single request to the Clerk of
the Court to enter default, and discovery was very limited in
scope. See Thyssen, Inc., 310 F.3d at 105 (no prejudice even
though more than a year and a half elapsed between the filing of
the complaint and defendant's assertion of its right to
arbitrate, and despite expense incurred by plaintiff's moving for
summary judgment); Shearson Lehman Hutton, Inc. v. Wagoner,
944 F.2d 114, 122 (2d Cir. 1991) (no waiver despite three-year
delay); PPG Industries, Inc., 128 F.3d at 108 ("five-month delay, by itself, is not enough to infer waiver of
The defendants' motion to compel arbitration is granted.
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Hung Wing Hotel
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TripAdvisor Reviews Hung Wing Hotel Sandakan
Travel Blogs from Sandakan
A day for discovering Sandakan.
... is usually left to him. Whilst we were with him at the restaurant last night he received a call from his sister. After the call he looked up at us and said with some resignation, 'it looks like I will be spending my day tomorrow sacrificing five chickens', he had a genuine look of hopelessness on his face. Although he took on this responsibility he in no way enjoyed it. All went well as we passed a few monuments commemorating the war and the first settlement in Sandakan, and then we ...
Off back to the land of wifi.
... warmth of the people was like a magnet failing to fully release you. After about 30 minutes we arrived at Gomantong Caves. This is a intricate cave system in a limestone outcrop of the Gomantong Hill. For centuries, the caves have been known for their valuable and edible swiftlets nests, which are harvested for 'birds nest soup', obviously mainly for the Chinese market. The nests are harvested by means of bamboo ladders and rattan lines from which the harvesters hang high up in ...
Turtle Island
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Borneo day 10
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... by Chinese migrants. Most of the tourist resorts have it but at 5x the price that the shops sell it for. The first stop on our beer run didn't have any but were expecting a shipment later that night. That didn't help when we wanted beer now. The next stop was at a larger supermarket who had beer but the cans were expensive so we ended up buying a dozen large bottles which were a bit cheaper. With the cooler now stocked, we headed back to our accommodation. Dean showed off ...
Other places to stay in Sandakan
Ibis Styles Sandakan Waterfront SabahHS 12 Sandakan Harbour Square, Sandakan | 3 star hotelfrom $38
Hotel SandakanHotel Sandakan Lebuh Empat, Sandakan | 3 star hotelfrom $29
Sabah HotelSabah Hotel Sandakan Jalan utara, Sandakan | 4 star hotelfrom $51
- Just OK
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- Sabah hotel
Sepilok Jungle ResortJalan Rambutan, Sandakan | 2 star hotelfrom $16
- Would come back
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NAK HotelHotel Nak Jalan Pelabuhan, Sandakan | Hotelfrom $32
May Fair HotelDowntown/Wilshire, Sandakan | Hotelfrom $15
Hotel LondonLot D1-D2, Hotel London Jalan Empat, Sandakan | Hotelfrom $18
Hsiang Garden HotelHotel Hsiang Garden 1.5 Jalan Leila, Sandakan | 2 star hotelfrom $17
Sanbay Hotel2 km Jalan Leila, Sandakan | Hotelfrom $28
Hotel City ViewLot 1 Block 23, 3rd Ave, Sandakan | Hotelfrom $16
Hotel City StarLot 3A-4B, Block 22, 4th Avenue, Sandakan | Hotelfrom $20
Park View Hotel1st Floor Lot 2A - 4A & 2nd Floor, Lot 3A - 4A, Wisma Wemin, Leila Orad, Sandakan | Hotelfrom $11
Hotel RamaiHotel Ramai Jalan Leila, Sandakan | Hotelfrom $25
Hotel New SabahBlock 42 18 Jalan Singapura, Sandakan | Hotelfrom $17
Hotel SamilaBlock B Jalan Tiga, Sandakan | Hotelfrom $16
The Mark's LodgeLot 1-7 Block 36, Bandar Indah, Mile 4, North Road, Sandakan | Hotelfrom $35


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12 Royal Birkdale Drive,Springboro OH, 45066
5 beds , 5 Full/2 Half baths
6,846 sq. ft
Status: Active
Berkshire Hathaway HomeServices Professional Realty
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Last Updated: 12/9/2016 9:25 PM
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Active Market Trends
Source:MLS DATA
Median list price$271,900
Days on market92
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September 22, 2009
ERNESTINE WARD, PLAINTIFF,v.EMPIRE VISION CENTERS, INC., DEFENDANT.
By order dated July 1, 2008, the above-captioned matter has been referred to the undersigned for the supervision of pretrial discovery and the hearing and disposition of all non-dispositive motions, pursuant to 28 U.S.C. §§ 636(b)(1)(A) and (B). (Docket # 6). Plaintiff Ernestine Ward ("Ward") has filed suit under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the New York Human Rights Law, alleging that defendant Empire Vision Centers, Inc. ("Empire") discriminated against her on the basis of her race, color and age and subjected her to retaliation for having complained of such discrimination. (Docket # 1). Currently pending before this Court are pretrial motions filed by Ward, many duplicative of others, seeking leave to file an amended complaint, appointment of counsel, orders unsealing certain discovery material, compelling Empire to respond to discovery requests and directing the issuance of subpoenas. (Docket ## 39-41, 43, 44, 46, 50, 60, 68-70).
I. Motion to Amend the Complaint (Docket # 46)
Ward originally filed two actions against Empire. Both complaints alleged violations of Title VII, but one also included the New York State Human Rights Law claim and the other the Age Discrimination in Employment Act claim. On February 4, 2009, United States District Judge David G. Larimer consolidated the two cases under this docket number. (Docket # 45). Thus, Ward's pending consolidated complaint alleges discrimination in violation of all three statutes.
On December 18, 2008, prior to the consolidation order, I denied Ward's motion to amend her complaint because she had not included with her motion a proposed amended complaint. (Docket # 30). On February 5, 2009, the day after Ward's cases were consolidated, this Court received the pending motion to amend Ward's complaint. (Docket # 46). Although not received until February 5, the documents contained in Ward's motion are dated several weeks earlier. ( Id .). Thus, Ward's proposed complaint was apparently prepared before the consolidation order and pertained to only one of the pending complaints, rather than to both. A review of the proposed amended complaint reveals that it includes charges under all three statutes and contains factual allegations similar to those in the two consolidated cases. Empire has not opposed the amendment.
Rule 15(a) of the Federal Rules of Civil Procedure provides that once the time for amending a pleading as of right has expired, a party may request leave of the court to amend, which shall be "freely give[n] . . . when justice so requires." Fed. R. Civ. P. 15(a)(2). If the underlying facts or circumstances relied upon by the party seeking leave to amend may be a proper subject of relief, the party should be allowed to test the claim on its merits. See United States ex rel. Maritime Admin. v. Continental Illinois Nat. Bank and Trust Co. of Chicago , 889 F.2d 1248, 1254 (2d Cir. 1989). "In the absence of any apparent or declared reason -- such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. -- the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis , 371 U.S. 178, 182 (1962).
While the court retains discretion to grant or deny leave to amend under Rule 15(a), "[the] outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely abuse of that discretion and inconsistent with the spirit of the Federal Rules." Id. at 182; Ruffolo v. Oppenheimer & Co. , 987 F.2d 129, 131 (2d Cir. 1993); Evans v. Syracuse City Sch. Dist. , 704 F.2d 44, 46 (2d Cir. 1983).
Ward's proposed amended complaint has not added any new legal claims or factual allegations to the case. Rather, the proposed amended complaint consists primarily of Ward's evidence in support of her claims and rebuttals to Empire's witness statements. Therefore, I deny Ward's motion to amend her complaint as moot and instead direct the Clerk of the Court to file the exhibits to Ward's proposed amended complaint as exhibits to her pending consolidated complaint.
II. Motions to Unseal (Docket ## 50, 69)
Ward has filed two motions to unseal certain documents contained in discovery responses that Empire had filed under seal pursuant to a confidentiality agreement and protective order signed by Ward during a status conference held with this Court. (Docket ## 35, 36). Pursuant to Local Rule 7.1(a)(1), Empire must file all discovery materials with the Court. Because Empire determined that some of the information Ward sought in her requests for production was confidential and sensitive, it provided that material to her pursuant to the confidentiality order and filed it with the Court under seal. Significantly, Empire represents that it has provided to Ward copies of all documents that have been filed under seal. (Docket # 58). The impetus behind Ward's motions appears to be her belief that Empire has filed certain documents with the Court that have not been provided to her.*fn1 (Docket # 61). Although no evidence exists to support this suggestion, Ward may make arrangements with this Court's chambers staff to review the documents filed with the Court should she wish. Ward's motions to unseal are denied.
III. Discovery Motions (## 39, 43, 44, 60, 68, 70)
Under the terms of the original scheduling order, the fact discovery deadline expired on January 5, 2009, and motions to compel were to be filed thirty days prior to that date. (Docket # 7). Neither party moved to extend either deadline. Ward has filed four similar motions to compel seeking Empire's responses to requests for documents, interrogatories and requests for admission. (Docket ## 39, 44, 60, 68). Of the four, only one was filed prior to the discovery deadline. (Docket # 39). In addition, Ward has filed a fifth motion, styled as a motion for an order to show cause, attempting to compel the same discovery responses. (Docket # 70). Finally, Ward requests an order directing the issuance of several subpoenas to non-party witnesses for production of information similar to that sought in her other discovery requests. (Docket # 43).
In her first motion to compel, Ward seeks documents, responses to requests for admission and responses to interrogatories. (Docket # 39). Because Ward has not complied with Local Rule 7.1(a)(1) requiring the filing of discovery materials in pro se cases, the docket does not reflect the dates on which Ward served Empire with such requests. The docket does reveal, however, that Empire responded to the requests for production of documents on October 2, 2008 and December 31, 2008 (Docket ## 19, 37), the requests for admissions on December 31, 2008 (Docket # 38) and advised Ward of its objections to her interrogatories on January 5, 2009. (Docket # 55, Exhibit ("Ex.") E). Empire opposes Ward's motions to compel as untimely, irrelevant, overbroad and unduly burdensome. (Docket # 55).
A. Requests for Production of Documents
Empire responded to document requests by Ward on October 2, 2008.*fn2 (Docket ## 19, 55). At that time, Empire objected to some of the requests as either irrelevant or burdensome and to others on the ground of confidentiality. ( Id .). Thereafter, the parties entered into a confidentiality agreement and protective order, which this Court signed on December 17, 2008. (Docket # 35). That day, as well as on December 31, 2008, Empire produced additional documents to Ward under the confidentiality agreement. (Docket ## 37, 55 at 2). Ward's first motion to compel was filed on December 30, 2008. (Docket # 39). Indeed, it appears that some of the documents sought in the pending motions to compel were apparently provided to Ward after the confidentiality order was signed. ( See , e.g. , Docket ## 37 at 1(d) and 2(d), 55 at 6).
Ward alleges that Empire has not fully responded to her document requests and continues to seek the following.*fn3
1. Patient Charts and Appointment Schedules from
November 27, 2006 to December 26, 2007:
As narrowed by Ward, her document request 2(f) now appears to request the appointment schedules and charts for the patients whose files Empire contends that Ward did not complete according to its policies and procedures. (Docket ## 19, 44, 55 at 7). Empire does not object to providing these specific patient charts and appointment schedules. Accordingly, Empire is directed to produce such responsive documents by no later than October 9, 2009. (Docket # 44 at 10-11).
2. Vision Insurance Information from November 27, 2006 to to December 26, 2007:
Ward states that such information "will verify which patients had appointments [during those dates] so that the patient charts and health information should match." (Docket # 68). None of Ward's motions demonstrate the relevance of this information to the claims at issue in this lawsuit, and this Court cannot discern the relevance from the information in the record before it. Therefore, Ward's motion to compel vision insurance information is denied without prejudice.
3. Paystubs for a Former Co-Worker, Anna Bowers, from November 27, 2006 to December 26, 2007:
Empire alleges that Ward already has been provided with a compilation of the information contained in Anna Bowers's paystubs, if not the actual paystubs. (Docket # 55 at 6). Ward has not shown why the actual paystubs are also needed. For that reason, Ward's motion to compel Anna Bowers's paystubs is denied.
4. Paystubs of Ward's Former Supervisor, Brian Burbank:
Ward has not shown how her supervisor's paystubs are relevant to her lawsuit. Due to the confidential nature of such information, Ward's motion to compel Burbank's paystubs is denied without prejudice.
B. Interrogatories
Ward served two sets of interrogatories on Empire on December 23, 2008, thirteen days before the discovery period was to expire. (Docket ## 39, 44). She directed that the interrogatories be answered by non-parties Sherry Ionta and Brian Burbank, Empire employees and Ward's former supervisors. (Docket # 39). Empire responded to Ward by letter dated January 5, 2009, explaining that it declined to answer the interrogatories because they were served too late for Empire to have the benefit of the full thirty-day response period as required under Rule 33(b)(2) of the Federal Rules of Civil Procedure. (Docket # 55, Ex. E).
Notwithstanding the timeliness issue, the federal rules provide that interrogatories may only be served upon parties to the lawsuit. Fed. R. Civ. P. 33 ("a party may serve on any other party no more than 25 written interrogatories") (emphasis added). Thus, service upon a non-party is inappropriate. Accordingly, I deny Ward's motion to compel non-parties to answer party interrogatories. Should Ward still wish to direct interrogatories to the company, she may redraft and serve on Empire's counsel no more than twenty-five interrogatories.*fn4 Such interrogatories must be served by no later than October 9, 2009.
C. Request for Admission
Ward seeks to compel Empire to respond to her request for admission, served on December 23, 2008. (Docket # 38). Although Empire objected to the request as untimely under the scheduling order, it nonetheless responded on December 31, 2008. ( Id .). Substantively, Empire objected to the request as vague and overbroad. I agree. The request for admission states: "REQUEST ADMISSIONS OF: All out of court Statement from the names listed above has been submitted to NYSDHR, EEOC and the US Federal Court." (Docket # 38). This request is so vague as to render it unintelligible. Ward's motion to compel responses to her request for admission is thus denied.
For the foregoing reasons, Ward's motions to compel (Docket ## 39, 44, 60, 69) are granted in part and denied in part. Because the motion for an order to show cause requests the same information as requested in the motions to compel, Ward's motion for an order to show cause (Docket # 70) is also denied.
D. Request for Subpoenas
On January 29, 2009, Ward moved for this Court to issue two witness subpoenas and one subpoena duces tecum on her behalf. (Docket # 43). Because these were filed after the deadline for discovery had expired, I deny the requests as part of discovery. The document subpoena, moreover, appears to seek the same documents that are the subject of the previously-discussed motions to compel. Of course, should Ward wish to subpoena Sherry Ionta and Brian Burbank as trial witnesses, she may make that request to the district court prior to trial.
Accordingly, Ward's request for the issuance of subpoenas (Docket # 43) is denied.
IV. Motion for Appointment of Counsel (Docket # 40)
Pursuant to 28 U.S.C. § 1915(e)(1), "[t]he court may request an attorney to represent any person unable to afford counsel." This statute is understood to "guarantee [] meaningful access to the courts as required by the Constitution." Hodge v. Police Officers , 802 F.2d 58, 60 (2d Cir. 1986) (quoting Bounds v. Smith , 430 U.S. 817, 823 (1977)). Unlike criminal defendants, however, civil litigants do not have a constitutional right to appointed counsel. Id. (citing In re Martin-Trigona , 737 F.2d 1254, 1260 (2d Cir. 1984)). In determining whether to appoint counsel for a civil litigant, the court must first inquire whether the litigant can afford to obtain counsel. Id. at 61. See also Terminate Control Corp. v. Horowitz , 28 F.3d 1335, 1341 (2d Cir. 1994) (before considering merits of litigant's position, court must ascertain whether litigant is able to afford or otherwise obtain counsel). If not, the court then must consider whether the indigent's position "seems likely to be of substance." Hodge v. Police Officers , 802 F.2d at 61-62. Once these two threshold determinations are made, "the court should then consider the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder; the indigent's ability to present the case; the complexity of the legal issues, and any special reason . . . why appointment of counsel would be more likely to lead to a just determination." Id . (citing Maclin v. Freake , 650 F.2d 885 (7th Cir. 1981)).
For the purposes of this motion, the Court will accept plaintiff's representation that she is unable to afford private counsel. Based upon my review of the record to date, however, I cannot conclude that Ward's claims are likely meritorious. In addition, a limited number of local attorneys is available to handle cases on a pro bono basis. Cooper v. A. Sargenti Co., Inc. , 877 F.2d 170, 172 (2d Cir. 1989) ("[e]very assignment of a volunteer lawyer to an undeserving client deprives society of a volunteer lawyer available for a deserving cause"). At this stage in this litigation, based upon the record as it has been developed, I thus deny plaintiff's motion for appointment of counsel (Docket # 40), but so do without prejudice to renewal in the event that plaintiff's claims survive summary judgment.*fn5 It is plaintiff's responsibility to retain an attorney or press forward with this action pro se .
V. Other Relief (Docket # 41)
Finally, Ward seeks permission to appear by telephone for any court proceedings due to her lack of transportation. (Docket # 41). In theory, this Court is amenable to such a request. Rather than grant a blanket request, however, this Court directs Ward to submit a letter request to the Court in advance of any scheduled conference or argument. The Court will then be in a position to consider her request on an appearance-by-appearance basis. Accordingly, Ward's motion to appear by telephone for any court proceedings (Docket # 41) is granted in part and denied in part.
For the foregoing reasons, plaintiff's motion to amend the complaint (Docket # 46 ) is DENIED as MOOT . The Clerk of the Court is directed to file the exhibits to Ward's proposed amended complaint as exhibits to her pending consolidated complaint. Plaintiff's motions to unseal ( Docket ## 50, 69 ) are DENIED . Plaintiff's motions to compel (Docket ## 39, 44, 60, 68 ) are GRANTED in PART and DENIED in PART . By no later than October 9, 2009 , Empire shall provide to Ward documents responsive to Document Request No. 2(f), and Ward shall, if she wishes, serve redrafted Interrogatories on Empire. Plaintiff's motion for an order to show cause ( Docket # 70 ) is DENIED . Plaintiff's request for an order directing the issuance of subpoenas ( Docket # 43 ) is DENIED . Plaintiff's motion for appointment of counsel ( Docket # 40 ) is DENIED without prejudice. Plaintiff's motion to appear by telephone ( Docket # 41 ) is GRANTED in PART and DENIED in PART .
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The Autobiography of Miss Jane Pittman (1974)
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Critic Reviews for The Autobiography of Miss Jane Pittman
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By celebrating the quiet heroism of an African American woman, this moving film pays homage to the high value of freedom.
Audience Reviews for The Autobiography of Miss Jane Pittman
Thanks to US History and their Legacy of Slavery unit, we all had to see this. It wasn't too bad, especially compared to a few of the things they end up showing us... lol.
Story of a black woman in the South who was born into slavery in the 1850's and lives to become a part of the civil right movement in the 60's. Good movie.
Cicely Tyson ages decades in this movie and is convincing at all portrayals. I first saw this as a child and remember it still; very moving.
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Not a Word
Robert PalmerBuy this song
Not a word in your room I watch your hand Stroking your hair You know I look You don't watch me Does the time stand still? You move so slow I hear you softly sigh for me - Only for me I know you - let me see I see your kiss Painted for me You know I do But you don't watch me Magificent Immodesty I place myself at your command Give it to me Just a word in your ear I feel your arms around me You want me there I want you here I meet you now - You meet me too You take a kiss So tenderly from me
Written by: BOB PALMER, GUY PRATT, COLIN VEARNCOMBE
Lyrics © Sony/ATV Music Publishing LLC, Peermusic Publishing, BMG RIGHTS MANAGEMENT US, LLC
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"Not a Word Lyrics." Lyrics.com. STANDS4 LLC, 2016. Web. 6 Dec. 2016. <http://www.lyrics.com/lyric/992054>.


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text: NL routs AL in All-Star Game Add to ... AP Video Published Wednesday, Jul. 11, 2012 1:43AM EDT Last updated Wednesday, Jul. 11, 2012 1:44AM EDT San Francisco sluggers Pablo Sandoval and Melky Cabrera keyed a five-run blitz against Justin Verlander in the first inning that sent the National League to an 8-0 romp over the American League on Tuesday night. Watch More Video: Toronto FC cap off 'special night' by winning East final The origins of Usain Bolt's signature pose Henry Burris celebrates with fans at Redblacks Grey Cup parade Defender says Toronto FC must communicate better against Montreal Henry Burris says he will enjoy Redblacks Grey Cup win 'forever' Jeffrey Orridge responds to Grey Cup ticket pricing, expects 'full house' Skittles for breakfast? Grey Cup players reveal game-day diets Calgary Stampeders want to win Grey Cup for slain teammate Mylan Hicks Henry Burris says Ottawa Redblacks deserve more respect Jay Baruchel explores Habs & Celtic fandom in documentary Repainting of penalty boxes delays Montreal-Toronto kickoff Usain Bolt on being a role model, emulating Muhammad Ali Thousands hit the streets to take part in Great Ethiopian Run Calgary Stampeders, Ottawa Redblacks advance to Grey Cup Is Olympic legend Usain Bolt a future action movie star? Watch-like sensor designed to help swimmers perfect their stroke Biscuit dunking takes new heights at Guinness World Records Day Runner hit by deer during race Rakuten: the Japanese firm that is FC Barcelona's newest sponsor British man sets off on 2,000 mile swim across the Atlantic Comments Share via email Share on facebook Share on twitter Share on LinkedIn Print


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Title: The Exhibition of the Atomic Bombing in ...
Publisher: Government of Nagasaki
Publication Date: 1969
Binding: Paperback
Book Condition: Very Good
Details of the bombing with text in English and Japanese. Pictures show the devastation of the blast. Includes an address by the Mayor of Nagasaki, Yoshitake Morotani and an article by Norihise Okuda, editorial writer. Includes many photographs taken showing distruction to both the environment and humans and many taken on withn two days of the bombing. Includes an article by Tatsuichiro Akizuki, Doctor of St. Francis Hospital titled "About the Suffering After the A-Bombing". Publisher unknown. May be written in the Japanese text. . Size: 4to - over 9¾" - 12" tall. Bookseller Inventory # A002281
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Supplying Model Makers since 1895
Telephone us on: 01508 549330
Pink Playhouse Unpainted Ready to Assemble Dolls House Kit.
A fantastic looking childs playhouse from Streets Ahead that will provide hours of enjoyment.
Approximate size
610mm High
600mm Wide
330mm Deep
Please note - This house is not to scale
Maximum Postage Rate Applies
View more products from Streets Ahead
E-commerce by Divendo


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SALT LAKE CITY -- Although industry observers say American Stores Co. here is on the right financial track, its former chairman and largest stockholder may have other things in mind for the company. In a June 21 filing with the Securities and Exchange Commission, former chairman Lennie Sam Skaggs, who has an 18.3% stake in the company, said he was considering a number of strategies to enhance shareholder value. Options listed in the filing included an acquisition and disposition of ...
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2 Bedroom House in Montana
Lize van der Made
Keller Williams-Infinity Montana
Anna Barker
Keller Williams-Infinity Montana
2 Bedroom House in Montana
Keller Williamss infinity Pretoria North is proud to present you with this lovely family home. This property is one of our many well priced properties on the market. This property is situated in a prime area and is close to all amenities.
A must see Beautiful Family home.
If this is not what you are looking for, Please browse further or contact the agent listed below and she/he will help you find your dream house
Key Property Features
Email the@contactType or request the agents Call You Back should you wish to set up an appointment to view this property or ask for more details.
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Experience Northern Pretoria
Northern Pretoria is a quiet suburb that lies nestled virtually in the foothills of the Magaliesberg. Almost in a world of its own, with its subtropical climate. The smallholdings that made up the area have been transformed into a lively neighbourhood with hospitals, shopping centres, restaurants and coffee shops.
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2 Bedroom House in Montana
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FSC1 Limited
Risk Assessments, Health and Safety Consultants, method statements
"A Type 2 Survey can identify, manage and reduce high levels of risk within your organisation, which may have gone undetected for years..."
Why do you need a Type 2 Assessment?
A 'Type 2' Assessment as detailed in Local Government guidance 'Fire Safety in Purpose Built Blocks of Flats and Residential Buildings (May 2011), comprises of a review of the fire compartmentation between units, the common areas, service risers and roof voids.
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Hailsham, East Sussex, BN27 3GF,UK
Main: 01323 325 272
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December has been posted! https://t.co/uHqTyTgJGq
Recent Tweets From @TMprimecuts
Our office is closing at 1pm central time today and will be closed until until 11/28. That means we moved up our... https://t.co/ShHhixDvMa
PrimeCuts will be posted by 8pm central this week.
A good candidate to add to your DJ t-shirt collection: https://t.co/uy0biA9Lsv https://t.co/5uVIQYDM2N


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Age RangevariationAgeAppropriate_3
Adult 8
The perfect personalised present
These Stocking Holders are handcrafted to the highest level of quality, intricately detailed on both sides, and moulded from zinc with a pewter finish. At around 680g/24oz, they're weighty enough to hold up to 2.2kg/5 lbs. and have slip-resistant foam pads on the bases to protect your mantel or furniture. Approx. 9.5cm/3¾" x 12.5cm/5" - sizes will vary slightly by design.
- Our Stocking Holders are a Christmas tradition
- Hand-crafted in the highest quality, lead-free pewter
- Protective lacquer finish
- Approximately 9.5cm/3¾" x 12.5cm/5"
- PLEASE NOTE: Engraving service is only available throughout the festive period, and will add a few days to your delivery.
Product Reviews
Reviewed by 1 customer
Comments about Pewter Stocking Holder:
Nothing at all wrong with the stocking but I asked that the names 'Ethan Caradog' be embroidered on it. I was lead to believe that this would be possible but when the stocking arrived it just had 'Ethan' on it. It was such a shame as that would have made it extra special being it was his first Christmas. I already have four of your needlepoint stockings (for my grown up children!) and this order was the fifth.
Do you have questions about this product?You may contact Customer Service or...
get answers from real customers and in-house experts with AnswerBox.
4 Questions | 4 Answers
Displaying questions 1-4
Q:hi just wanted to know when the engraving period starts please as i would like two of these and want engravings on them with my kids namesAsked on 10/15/2015 by anthony from ipswich
1 answer
A:Hi, and thanks for your enquiry. We will be offering engraving for our stocking holders from mid-November 2015. Should you require any further assistance, please call us on 0800 220 106.Answered on 10/18/2015 by Rachael from Lands' End
Q:How much is engraving for a stockingholder? And will you get the pinguin back in stock?
Kind regards,
FrancyAsked on 2/1/2014 by triscel39 from The Netherlands
1 answer
A:We will not receive any further stock of the stocking holders until later in the year. I can also advise that engraving is only offered during the festive season and this is at no extra charge.Answered on 2/4/2014 by Claire from Lands' End
Q:what happens if the name is longer than 10 letters? i.e. ChristopherAsked on 12/4/2013 by cmtboys
1 answer
A:We can engrave a longer name, however the lettering will be slightly smaller. If you would like to place an order please call our customer sales advisors who will be happy to arrange this for you.Answered on 12/5/2013 by Claire from Lands' End
Q:Can I get the pewter stocking holder engraved? I cannot see where I fill in the details on the screen?Asked on 11/11/2013 by Trudi from Lancashire
1 answer
A:To have the stocking holder engraved please click the monogramming box and you will then be able to include the name you require.Answered on 11/12/2013 by Claire from Lands' End
Displaying questions 1-4


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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
how to open a wizard when clicking on 'more' button?
use client_action_multi
For example: Refer sale/wizard/sale_line_invoice.xml
<record id="action_view_sale_order_line_make_invoice" model="ir.actions.act_window">
<field name="name">Make Invoices</field>
<field name="type">ir.actions.act_window</field>
<field name="res_model">sale.order.line.make.invoice</field>
<field name="view_type">form</field>
<field name="view_mode">form</field>
<field name="view_id" ref="view_sale_order_line_make_invoice"/>
<field name="target">new</field>
<record model="ir.values" id="sale_order_line_make_invoice">
<field name="model_id" ref="sale.model_sale_order_line" />
<field name="name">Make Invoices</field>
<field name="key2">client_action_multi</field>
<field name="value" eval="'ir.actions.act_window,' +
str(ref('action_view_sale_order_line_make_invoice'))" />
<field name="key">action</field>
<field name="model">sale.order.line</field>
Your Answer
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AXIS BANK RTGS HO Branch in PANIAR - Address, IFSC, MICR Code
UTIB0002356MICR Code
GROUND FLOOR KHEWAT NO. 27 KHATAUNI NO. 31 RECT NO. 13 KILLA NO. 3/2(2-2) VILLAGE : JAHANGIRPUR PO : PANIAR TEHSIL & DIST: GURDASPUR PUNJAB PIN 143531City
What is IFSC Code of AXIS BANK situated at JAHANGIRPUR- RTGS-HO?
IFSC Code of AXIS BANK situated at JAHANGIRPUR - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
Darkblue Hair Bands from Ivybands for Unisex(1 Product)
Sort byMost popular first
- Your choice:
- Ivybands
- Unisex
- Dark blue
- Reset selection
Ivybands Tennis Apparel
Hair Band - Dark Blue
£5.91£5.90 *
Save 0 %
* All prices incl. VAT
The crossed out prices are the RRP.
The crossed out prices are the RRP.


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Young-adult fiction or young adult literature (often abbreviated as YA), also juvenile fiction, is fiction written, published, or marketed to adolescents and young adults. The Young Adult Library Services (YALSA) of the American Library Association (ALA) defines a young adult as someone between the ages of twelve and eighteen. Authors and readers of young adult (YA) novels often define the genre as literature as traditionally written for ages ranging from twelve years up to the age of eighteen, while some publishers may market young adult literature to as low as age ten or as high as age twenty-five. The terms young-adult novel, juvenile novel, young-adult book, etc. refer to the works in the YA category. YA literature shares the following fundamental elements of the fiction genre: character, plot, setting, theme, and style. However, theme and style are often subordinated to the more tangible elements of plot, setting, and character, which appeal more readily to younger readers. The vast majority of YA stories portray an adolescent, rather than an adult or child, as the protagonist. The subject matter and story lines of YA literature are typically consistent with the age and
Contributions by Mike Klaassen, LegitimateAndEvenCompelling, and Jmabel.


text:
F Minus by Tony Carrillo
- August 04, 2011
- From Beginning
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Comments (4) (Please sign in to comment)
Plus, she's always sticking her head in the snow… what's up with that?
Excellent cartoon, Tony!
I don't think they can sense the equator, so the Galapagos species are bound to get into the northern hemisphere occasionally. It looks more like an ostrich than a rhea, so I would assume Namibia and that is sand rather than snow.
Opposites attract……….
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Local Sewing Machine and Vacuum Cleaner Repair and Service
We are Experts at Service & Repair
At Quality Sewing & Vacuum we back up everything we sell with expert technical service. Our staff of full time technicians are professionally trained to make sure your machine keeps running like new. We guarantee your satisfaction on every service we perform.
Sign up for our Email Newsletter List and get emailed special vacuum and sewing offers like these just for our email subscribers!
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We service and repair most brands of vacuum cleaners including:
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We service and repair most brands of sewing machines including:
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Our stores are locatedin Seattle (Ballard & Northgate), Bellevue, Bellingham, Burien, Everett, Federal Way, Issaquah, Kirkland, Mount Vernon, Puyallup, Silverdale, Tacoma, and Tukwila.


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Keeping the hubris away from hedge funds
Another week, another hedge fund scandal. Speculation is growing that the little known Hubris Capital Management LLC, a secretive $500m fund based in Grand Cayman that launched five years ago, could be next.
Hubris says its flagship funds – Nemesis and Icarus – have delivered annual returns of over 20%. However, investors have not seen any of their money since they handed it over.
Hubris Capital Management does not, of course, exist but it might as well. Like most of the 6,000 or so hedge funds operating in the US, it has no website and is not in the phonebook; nor is it registered with or regulated by the Securities and Exchange Commission.
This is because the SEC does not yet require such administrative details. Perhaps more importantly, the owners of Hubris and virtually any other hedge fund can also effectively make up their performance numbers and valuations because the regulators do not require hedge funds to be valued by an independent party.
On the other hand, Bayou Capital, a $440m hedge fund which was last week charged with fraud after investors wondered what had happened to more than $100m of assets, does exist. So do KL Group, Northshore Asset Management, HKW, Pippin and Tenet, all of which have faced action in the past few months from the SEC.
Despite a flurry of hedge fund collapses and fraud charges, the US regulator has reiterated that it has no plans to force funds to have their assets independently valued, and the matter is not even up for discussion.
When some hedge funds have to register with the SEC from next February, the loophole will not be closed. This seems odd, given that the watchdog's primary role is investor protection and that it admits that more than half the cases of hedge fund fraud since 1999 have boiled down to managers making false statements.
Strangely, the situation is the same in the UK but the difference is that the Financial Services Authority is trying to do something about it. While hedge fund managers are regulated as individuals, and virtually all hedge funds are valued by independent third parties, a recent FSA discussion paper makes it clear that this is the result of market forces, not legal or regulatory requirements.
It has invited comments on whether making independent valuation a legal requirement is a good idea, along with dozens of other regulatory issues. The industry has until the end of next month to respond.
When the FSA published its paper in May, many in the hedge fund world groaned at the thought of tighter regulation. However, grown-up funds with a strong track record and consistent performance should have nothing to be afraid of. The FSA's questions are sensible and the risks it identifies are plausible.
Hedge funds could start by creating their own forum and signing up to a voluntary code of conduct floated by the FSA and the Bank of England, thus raising their game in terms of transparency. The SEC should follow and apply most of the FSA's thinking to its market.
As the hedge fund industry matures and becomes part of the furniture, it is time for the premier league players to take responsibility for the industry before the Hubris Capital Managements of this world hijack it.
Essilor, the French glasses and lens manufacturer, is a successful but pretty unassuming company with sales of €2.2bn and healthy profits. What makes it special is that it might be the only constituent of the blue-chip Cac 40 index that the French government would allow to be sold to a foreigner.
Yoghurt and mineral water are already designated as sensitive, so the likes of Danone and Pernod-Ricard, and food retailers such as Carrefour, are off-limits.
You can forget buying banks such as BNP Paribas, Crédit Agricole and SG, or insurance companies such as Axa, which are only slightly less insulated by the French authorities than their Italian counterparts. Sensitive sectors such as defence (Thales, EADS) and media (TF1, Vivendi Universal, Publicis and Lagardère) are also no-go areas.
Telecoms could be dangerous if they fall into the wrong hands (France Télécom, Bouygues), as are pharmaceuticals (Sanofi-Aventis), and power and utilities, which includes Gaz de France, Suez, Total and soon Electricité de France – even if they are happy supplying power and water to much of the UK.
French cultural icons are also, bien sûr, strategic, so that counts out L'Oréal, even though it was run by a Welshman for years, LVMH, Michelin and, of course, the carmakers Peugeot and Renault. Even something boring like the steel company Arcelor or construction business Vinci are not for sale if you have the wrong passport: Arcelor, because the French government did so much to create it in the first place, and Vinci because it has potentially dangerous underground car parks strategically placed all over Paris.
Which leaves any foreign buyer with Essilor. But on second thoughts, the group probably makes the rose-tinted spectacles through which the French government views its industrial policy and would therefore never be allowed to fall into enemy hands.