text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 7, 2011
EARL J. MUTCHOCKO, PLAINTIFF,v.T. VERGA, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. In addition to filing a complaint, plaintiff has filed an application to proceed in forma pauperis and a request for appointment of counsel. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
I. Request to Proceed In Forma Pauperis
Plaintiff has requested leave to proceedin forma pauperis pursuant to 28 U.S.C. § 1915. Dckt. No. 2. Plaintiff's application makes the showing required by 28 U.S.C. § 1915(a)(1) and
(2). Accordingly, by separate order, the court directs the agency having custody of plaintiff to collect and forward the appropriate monthly payments for the filing fee as set forth in 28 U.S.C. § 1915(b)(1) and (2).
II. Request for Appointment of Counsel
District courts lack authority to require counsel to represent indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In exceptional circumstances, the court may request counsel voluntarily to represent such a plaintiff. 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990). The court finds that there are no exceptional circumstances in this case.
III. Screening Order
Pursuant to 28 U.S.C. § 1915A, the court shall review "a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity." 28 U.S.C. § 1915A(a). "On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b).
A district court must construe a pro se pleading "liberally" to determine if it states a claim and, prior to dismissal, tell a plaintiff of deficiencies in his complaint and give plaintiff an opportunity to cure them. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000). While detailed factual allegations are not required, "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 570).
A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are merely consistent with a defendant's liability, it stops short of the line between possibility and plausibility of entitlement to relief.
Id. (citations and quotation marks omitted). Although legal conclusions can provide the framework of a complaint, they must be supported by factual allegations, and are not entitled to the assumption of truth. Id. at 1950.
The Civil Rights Act under which this action was filed provides: Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . .
42 U.S.C. § 1983. An individual defendant is not liable on a civil rights claim unless the facts establish the defendant's personal involvement in the constitutional deprivation or a causal connection between the defendant's wrongful conduct and the alleged constitutional deprivation. See Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989); Johnson v. Duffy, 588 F.2d 740, 743-44 (9th Cir. 1978)
The court has reviewed plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds it does not state a cognizable claim in light of the above standards. Plaintiff alleges that defendants are aware that other inmates are taking his Kosher food, but do nothing except get mad at plaintiff. Compl. § IV. Although plaintiff purports to bring a claim under § 1983, it is unclear which federal constitutional or statutory right he believes defendants' conduct violated. To the extent plaintiff seeks to assert a claim under the Eighth Amendment, he has not done so. The Eighth Amendment protects prisoners from inhumane methods of punishment and from inhumane conditions of confinement. Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir. 2006). Extreme deprivations are required to make out a conditions of confinement claim, and only those deprivations denying the minimal civilized measure of life's necessities are sufficiently grave to form the basis of an Eighth Amendment violation. Hudson v. McMillian, 503 U.S. 1, 9 (1992). To determine whether an Eighth Amendment violation has occurred, a court should consider the circumstances, nature and duration of a deprivation of these necessities. Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000) (referring to necessities such as adequate shelter, food, clothing, sanitation, medical care, and personal safety). Further, plaintiff must allege facts sufficient to support a claim that prison officials knew of and disregarded a substantial risk of serious harm to the plaintiff. E.g., Farmer v. Brennan, 511 U.S. 825, 847 (1994); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). Here, plaintiff's conclusory allegations fail to set forth sufficient factual matter to state a plausible Eighth Amendment claim. Thus, to proceed plaintiff must file an amended complaint.
Any amended complaint must adhere to the following requirements: It must be complete in itself without reference to any prior pleading. E.D. Cal. Local Rule 220; see Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading is superseded.
It must show that the federal court has jurisdiction and that plaintiff's action is brought in the right place, that plaintiff is entitled to relief if plaintiff's allegations are true, and must contain a request for particular relief. Plaintiff must identify as a defendant only persons who personally participated in a substantial way in depriving plaintiff of a federal constitutional right. Johnson, 588 F.2d at 743 (a person subjects another to the deprivation of a constitutional right if he does an act, participates in another's act or omits to perform an act he is legally required to do that causes the alleged deprivation).
It must contain a caption including the name of the court and the names of all parties. Fed. R. Civ. P. 10(a).
Plaintiff may join multiple claims if they are all against a single defendant. Fed. R. Civ.P. 18(a). If plaintiff has more than one claim based upon separate transactions or occurrences, the claims must be set forth in separate paragraphs. Fed. R. Civ. P. 10(b). Plaintiff may join multiple claims if they are all against a single defendant. Fed. R. Civ. P. 18(a). Unrelated claims against different defendants must be pursued in multiple lawsuits. "The controlling principle appears in Fed. R. Civ. P. 18(a): 'A party asserting a claim . . . may join, [] as independent or as alternate claims, as many claims . . . as the party has against an opposing party.' Thus multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits, not only to prevent the sort of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that prisoners pay the required filing fees-for the Prison Litigation Reform Act limits to 3 the number of frivolous suits or appeals that any prisoner may file without prepayment of the required fees. 28 U.S.C. § 1915(g)." George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007); see also Fed. R. Civ. P. 20(a)(2) (joinder of defendants not permitted unless both commonality and same transaction requirements are satisfied). Plaintiff may not change the nature of this suit by alleging new, unrelated claims in an amended complaint. George, 507 F.3d at 607 (no "buckshot" complaints).
The allegations must be short and plain, simple and direct and describe the relief plaintiff seeks. Fed. R. Civ. P. 8(a); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002); Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125 (9th Cir. 2002). A long, rambling pleading, including many defendants with unexplained, tenuous or implausible connection to the alleged constitutional injury or joining a series of unrelated claims against many defendants very likely will result in delaying the review required by 28 U.S.C. § 1915 and an order dismissing plaintiff's action pursuant to Rule 41 of the Federal Rules of Civil Procedure for violation of these instructions.
Plaintiff must sign the complaint. Fed. R. Civ. P. 11(a). By signing an amended complaint, plaintiff certifies he has made reasonable inquiry and has evidentiary support for his allegations and that for violation of this rule the court may impose sanctions sufficient to deter repetition by plaintiff or others. Fed. R. Civ. P. 11.
A prisoner may bring no § 1983 action until he has exhausted such administrative remedies as are available to him. 42 U.S.C. § 1997e(a). The requirement is mandatory. Booth v. Churner, 532 U.S. 731, 741 (2001). By signing an amended complaint plaintiff certifies his claims are warranted by existing law, including the law that he exhaust administrative remedies, and that for violation of this rule plaintiff risks dismissal of his entire action Accordingly, the court hereby orders that:
1. Plaintiff's request to proceed in forma pauperis is granted.
2. Plaintiff's September 27, 2010, request for appointment of counsel is denied.
3. Plaintiff shall pay the statutory filing fee of $350. All payments shall be collected in accordance with the notice to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
4. The complaint is dismissed with leave to amend within 30 days. The amended complaint must bear the docket number assigned to this case and be titled "First Amended Complaint." Failure to comply with this order will result in a recommendation that this action be dismissed for failure to state a claim. If plaintiff files an amended complaint stating a cognizable claim the court will proceed with service of process by the United States Marshal.
© 1992-2011 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Looking for a IT Product Manager with:
Strong hands-on knowledge of web applications development, Open Source Technologies & Frameworks, Java/J2EE, PHP, Python, Oracle, MySQL and UNIX
A strong background in both tezchnology and product management.
Excellent project management experience: planning, scheduling, project communication, issue resolution, change management, and risk management.
Extensive experience in managing product development with at least 10-12 month duration.
Solid Experience in implementing enterprise wide, custom applications with global teams.
Solid knowledge of software development life cycle with decent knowledge in Rapid Prototyping and SCRUM
Ability to manage the cross functional team consisting of developers, designers, architects, quality assurance, vendors, and business users.
Ability to drive a project from concept to delivery.
At least 8-10 years of combined experience of hands on software development and product management.
Excellent leadership and communication skills.
M.Tech / BE / MSc. / BSc./ MCA / BCA
Certifications -- Technical and Project Management (desirable)
Key responsibilities will include:
Responsible for managing the development and implementation of various products and solutions.
Working closely with the Senior Architects and Engineering Management to evaluate best technology alternatives to design tech architecture required to meet the business requirements
Working closely with UX, Design, Tech, and QA teams to design user interfaces and scope the various features, functionalities and solutions that will be part of the product/project and managing these cross-functional teams
Formulate and execute project plans that will include - correct project staffing with appropriate skill-sets, planning, costing, task allocation and ensuring project completion with high quality and within stipulated time-frame
"IT Product Manager" IT "Project Development Manager" "Project Manager" "web Applications" "Open Source" Frameworks Java J2EE PHP Python Oracle MySQL UNIX "change Management" "risk Management" "custom Applications"

subset: commoncrawl


text:
Go for a classic look and serious comfort with the Kork-Ease Myrna sandal. The leather upper features crisscrossing straps for a simple yet stylish look; an adjustable strap with a buckle closure lends a snug fit. A cushioned, leather-covered footbed keeps you walking comfortably all day, while a wedge heel adds height. The rubber sole delivers dependable traction to the Kork-Ease Myrna sandal.
- Offered in full-grain leather
- Adjustable buckle
- Cushioned leather footbed
- Heel Height: 1 3/4 inches
Delivery and Returns
Estimated delivery date: 1 (based on standard shipping).
We offer free shipping on orders over $99, and free returns and exchanges for up to 30 days.


text:
Associate Tech Lead
Job Code:
- Auto Industry
Applying for this job will take you to an external site
Job Details
DUTIES* This position will provide technical leadership on Java, J2EE technologies. * Will work as Tech Lead with the local team and coordinate with onsite counterparts for delivery reasons. * Guide as required to design, develop, test and integrate applications * Follows defined processes and provides inputs for betterment where possible. * Performs analysis to be effective in implementation of business processes * Participates in knowledge sharing sessions and Lead team in domain expansion and retention. * Adheres to set quality standardsand ensures adherence by the team as well. * Performs activities according to project plans and schedule * Guide the team's code review activities and Root cause analysis activity * Supports the Supervisor in writing the tech specifications and creating Project Plan * Understand requirements and formulate execution plans and guide team for the same. * Supports and continuously improves processes to maintain alignment with business plans. * Identifies, analyzes and applies information and business practices according to the coding guidelines * Analyzing medium to high complex requests and formulating plans for execution (with minimum supervision) and lead the team. ; REQUIRED* In depth Understanding of Java, J2EE, Agile-Scrum, Hibernate, Spring, Webservices and REST services. * Good understanding of application development methodologies, life-cycle, quality management system and processes. * Good understanding of the principles & best practices (design patterns) and ability to judge what to use when. * Should be able to guide team members at task level. * Ability to understand and analyze requirements and accordingly provide implementation and suggestion for improvement. ; DESIREDSCJP, SCWCD, WebServices certification. ; EDUCATIONUniversity Degree in any discipline or equivalent experience.
Degree: M.Sc. (Science) | MCA/ PGDCA | ME/ M.Tech./ MS (Engg/ Sciences)
Additional Degree: BE/ B.Tech (Engineering) | B.Sc. (Science) | BCA (Computer Application)
Experience: 5-10
Degree: M.Sc. (Science) | MCA/ PGDCA | ME/ M.Tech./ MS (Engg/ Sciences)
Additional Degree: BE/ B.Tech (Engineering) | B.Sc. (Science) | BCA (Computer Application)
Experience: 5-10
RequirementsApplication Programming | Business/Systems Analysis | Database Administration (DBA) | Project Leader/ Project Manager
Applying for this job will take you to an external site


text:
The Hotel Zamora Slated to Open in St. Pete Beach, FL
Wednesday May 14th, 2014 - 10:36AM
These are shortcuts to your favorite social networking and bookmark sites. Add this story to your Facebook page, del.icio.us, DiggIt, and many others!
ST. PETE BEACH, FL—The Hotel Zamora is slated to open here next month, making it St. Pete Beach's first new hotel in more than 20 years, according to the company.
Influenced by the architecture, design and feel of the rocky hills of Zamora, Spain, the waterfront hotel will feature Mediterranean-style rooms and suites with high ceilings, crown molding, arched windows and Spanish-influenced touches in its wooden doorways and artwork.
Built by Tatro Construction with architectural design by Design Styles, the hotel also offers meeting and conference space, a marina with space for seven boats, fresh-water pool, fitness center and access to the Gulf of Mexico's white-sand beaches.
The Hotel Zamora will also introduce Castile, a Spanish-influenced destination restaurant and rooftop lounge, lead by locally renowned Executive Chef Ted Dorsey. Offering breakfast, lunch, dinner, and weekend brunch, as well as room-service, Castile's locally sourced, seafood-inspired menu will include a large selection of tapas-style dishes, soups, salads and entrees.
Cuba-Fernandez Design, whose portfolio of high-end hospitality design projects includes the St. Regis Resort in Puerto Rico, The Ritz-Carlton in South Beach, and Acqualina Resort in Sunny Isles, Florida, orchestrated the interior design concept of both the hotel and restaurant.
Developers and partners Henry Suarez and Dr. Kiran C. Patel are responsible for The Hotel Zamora, and have been involved in the project since its inception. Patrick Goddard, President & COO of Trust Hospitality, a partner and the operator of the hotel stated, "We are proud to be associated with this hotel, which is certain to become an iconic feature of the Gulf's shoreline. It will be fun to bring change and excitement to this community. The design and development teams have done an incredible job of creating dynamic public areas and we can't wait to show the community and guests what we've been working on."
Tags: the Hotel Zamora • Tatro Construction • Design Styles • Cuba Fernandez Design • Trust Hospitality • Hospitality • Architecure & Interiors • Construction/Renovation • Openings •
The Hotel Business team just returned from this year's HX: The Hotel Experience, which was held in New York City at the Jacob K. Javits Convention Center. As we usually do post-event, we talk amongst ourselves about trends we noticed at the show, held in conjunction with BDNY. And while the latter—and now larger—show was abundant with design trends (let's just say blue seemed the prevalent color; bold, geometric forms the dominant shape; and metallics a common thread…pun intended!), the more traditional "hotel" side of the convention center had its own story to tell.
sbe Completes Acquisition of Morgans Hotel Group »
HRI, Rockbridge Partner to Acquire New Orleans Property
Hotel Bennett to Debut Next Year in Charleston, SC
Marriott Completes Sale of St. Regis San Francisco
Wyndham Hotel Group Acquires Fën Hotels
The Phocuswright Conference: OTAs, Google and Market Evaluations
The Renwick Hotel Joins Hilton's Curio Collection
Meridian Capital Group Arranges Financing for Two Concord Hospitality Hotels
Access or Sign-Up for a
Digital Subscription
Click Here


text:
More From
In Trouble At Grangedale
eBook (ePub): $2.99
At an exclusive yet traditional all girl's school where discipline revolves around severe corporal punishment, an outstanding pupil is falsely accused of starting a fight. Angela Wilson,... More > although gifted is something of an outsider since she attends on the basis of scholarship funding whereas the vast majority of pupils come from families of wealth. She must decide whether her love for the school and respect for its headmistress are sufficient to overcome her fear and humiliation of a severe caning, unaware that there are forces behind the scene working both for and against her. The story is a fascinating account of strict schoolgirl discipline and how unintended consequences can bring about a mature awakening of a woman, love and even sweet revenge.< Less
Head Girl At Grangedale
eBook (ePub): $3.99
An outstanding pupil at an exclusive yet traditional all girl's school where discipline revolves around severe corporal punishment, has been promoted to head girl. It is the summer holiday... More > which she is spending with the school's headmistress when she gets a letter from a girl who was expelled the previous year. She now has to decide whether her previous enemy has indeed reformed and what if any price should be extracted before the girl be allowed to return. The story is a drama based on traditional and none traditional values with F/f relationships and the application of the cane but it also a story about feminine love.< Less
Top 10 This Weeksee more >
Yoga Girl
Paperback: $21.95
Color Me Freedom Adult...
Paperback: $15.95
North Carolina Auto...
Paperback: $19.99
A Night with Saddam
Paperback: $17.99
The Leaders Character
Paperback: $17.98
Miracle Noodle Cookbook...
Paperback: $29.99
Living from the...
Paperback: $18.95
Paperback: $14.95
Growing Old in New Town:...
Paperback: $12.00
Kid Colors
Paperback: $13.95
Age Verification
The page you are attempting to access contains content that is not intended for underage readers.
Please verify your birth date to continue.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
December 20, 1979
GEVEKE & CO. INTERNATIONAL, INC., Plaintiff, against KOMPANIA DI AWA I ELEKTRISIDAT DI KORSOU N.V., Defendant.
This action is one for payment of $ 381,157.17, the balance due under a contract for the sale of two diesel generators. The parties to the contract are the plaintiff, Geveke & Co. International, Inc. ("Geveke") as seller and the defendant, Kompania Di Awa I Elektrisidat Di Korsou, N.V. ("KAE") as purchaser. Geveke is a New York corporation; KAE is a corporation formed under the laws of the Netherlands Antilles and is wholly-owned by the government of the island of Curacao.
Simultaneously with the commencement of this action Geveke applied for and was granted a writ of attachment pursuant to which the United States Marshal levied upon a diesel generator, part of the subject matter of the contract, title to which had passed to KAE, and which was then temporarily located in Auburn, New York.
Plaintiff has moved for summary judgment and filed its Local Rule 9(g) statement alleging that no dispute exists as to the contract, plaintiff's performance thereunder or the unpaid balance due it from KAE. The defendant concedes that the plaintiff is entitled to the balance due as claimed.
KAE contends
that its amenability to suit is governed by the Foreign Sovereign Immunities Act of 1976 (the "Immunities Act")
, that the Act precludes attachment of the property of a foreign state as a means of obtaining jurisdiction and commencing a lawsuit in the United States, and hence that the Court is without jurisdiction over KAE.
It is undisputed that KAE is a corporation wholly-owned by the government of Curacao and as such is a "foreign state" as that term is defined in 28 U.S.C., section 1603.
While the complaint alleges jurisdiction upon diversity of citizenship and an amount in controversy in excess of $ 10,000 under 28 U.S.C., section 1332(a)(2), given KAE's undisputed status as a foreign state jurisdiction must be based, if it exists at all, upon the jurisdictional statute added to Title 28 by the Immunities Act, 28 U.S.C., section 1330.
Congress through the Immunities Act sought to provide a comprehensive and exclusive scheme governing when and how parties can maintain a lawsuit against a foreign state or its entities in the courts of the United States and when a foreign state is entitled to sovereign immunity.
In addition to its provisions codifying the rules of sovereign immunity to suit and to attachment, the Immunities Act also prescribed the jurisdiction of the United States district courts in cases involving foreign states.
The Immunities Act amended 28 U.S.C., section 1332 to delete references to foreign states that had previously been the source of subject matter jurisdiction in such cases. In place of these deleted references, the Immunities Act added section 1330 which was intended as a comprehensive treatment of district court jurisdiction in actions against foreign states or their entities.
That section in pertinent part provides:
(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title As to any claim for relief in personam with respect to which the foreign state is not entitled to immunity (under the Immunities Act).
(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title.
(emphasis added)
While adding a measure of liberality to subject matter jurisdiction over actions against foreign states by removing the amount in controversy requirement formerly applicable under section 1332, section 1330(a) specifically limits the district courts' jurisdiction to in personam claims.
Viewed against the background of the Immunities Act as a whole, this limitation is neither arbitrary nor unintentional. To enforce it strictly not only comports with the clear language of the statute but with the equally clear intent of Congress. The restriction of subject matter jurisdiction to in personam claims stems from and furthers one of the basic objectives of the Immunities Act to replace jurisdiction over foreign state defendants based upon prejudgment attachment with a comprehensive system of in personam jurisdiction incorporating concepts of due process and sovereign immunity.
Prior to the enactment of the Immunities Act a common method of obtaining jurisdiction over foreign states had been to attach their property in the United States (precisely as was done here). Congress recognized that such jurisdictional attachments were much criticized for creating litigation in United States courts based only upon the fortuitous presence of property in the United States, and further that such attachments gave rise to "serious friction" in United States foreign relations.
The Immunities Act was intended to remedy this situation by providing "for the first time in U.S. law . . . a statutory procedure for making service upon, and obtaining in personam jurisdiction over a foreign state (rendering) unnecessary the practice of seizing and attaching the property of a foreign government for the purpose of obtaining jurisdiction."
The "statutory procedure" so provided creates what is in effect a "long arm" statute for obtaining personal jurisdiction over foreign states in specified exceptions where a foreign state is not entitled to immunity. These, among others, provide that a foreign state is not immune from jurisdiction where it has waived such immunity or where the suit against it is based upon its commercial activities having certain enumerated connections to the United States.
The procedure is completed by the provisions of section 1330. Section 1330 gives the federal courts jurisdiction over actions against a foreign state where the foreign state is not entitled to immunity under the Immunities Act and in personam relief is sought if proper service has been made.
In short, in personam jurisdiction over a foreign state can be obtained if it has waived immunity to such jurisdiction or where it has sufficient commercial contacts with this nation relating to the claim asserted satisfying the requirements of due process and the sovereign immunity doctrine.
As quid pro quo for the liberal availability of in personam jurisdiction through the "long arm" procedure just described, Congress took steps to eliminate the disfavored and now unnecessary use of jurisdictional attachments.
It created a virtually absolute immunity for foreign states to such attachments.
The elimination of pre-judgment attachments for the purpose of obtaining jurisdiction constitutes the effective abandonment of in rem and quasi in rem jurisdiction against foreign states.
Section 1330 was enacted in conjunction with the provisions of the Immunities Act discussed above and in furtherance of the same overall result. In obvious recognition of the fact that in rem actions against foreign states would no longer be necessary with the availability of in personam jurisdiction and that they would, in any event, be largely precluded by the immunity to jurisdictional attachment, Congress limited the grant of jurisdiction embodied in section 1330 to actions against foreign states based upon personal jurisdiction obtained via the Immunities Act and excluded in rem suits, necessarily based upon jurisdictional attachments, from the federal courts.
Here, plaintiff has expressly disavowed any claim for in personam relief to the contrary, it explicitly asserts that its prejudgment attachment and levy upon the diesel generator is the sole ground for jurisdiction and that its action is one in rem. As stated in the plaintiff's moving papers: "This action, however, is one In rem, and in the final analysis concerns only the disposition of the attached diesel engine . . . . (T)his court does not have In personam jurisdiction over KAE and (its) judgment can have "no effect beyond the property attached.' "
Accordingly, because this action is brought against a foreign state as defined in 28 U.S.C., section 1603 and is an action in rem not in personam, subject matter jurisdiction under section 1330(a) is lacking. The complaint therefore is dismissed and the attachment vacated.
So ordered.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Java Persistence with Hibernate
- 作者:Christian Bauer Gavin King
- 豆瓣评分:8.9
- 上架时间:2016-05-25 15:10
- 加入阅读计划
Java Persistence with Hibernate is the new bible of Hibernate. As a major revision of the popular Hibernate in Action, it builds on the same single example application to introduce and explain the latest Hibernate 3.2 in detail. In addition, the new and significantly improved EJB 3.0 Java Persistence standard, and how Hibernate implements it, is covered completely. All possible basic and advanced Hibernate mappings are shown in this book, with hundreds of examples in Hibernate's XML format, including Java Persistence annotations for JDK 5.0. Readers can get started with Hibernate and Java Persistence at the same time. All examples - APIs, queries, fetching strategies, caching, transactions, conversations, and many more - are presented in all variations, so they can compare and evaluate the new Java Persistence specification easily. If you are an experienced Hibernate user, this book provides the insight you need to benefit immediately from the new standard, its rich programming model, and the latest version of Hibernate.


text:
Is this restaurant appropriate for Kids?
Is this restaurant good for dining on a budget?
Is this restaurant family-friendly?
Is this restaurant good for dinner?
Is this restaurant wheelchair accessible?
Is this restaurant good for lunch?
Are the prices at this restaurant mid-range / moderate?
Does this restaurant offer takeout or food to go?
Is this restaurant good for large groups?
Does this restaurant have waiters and waitresses?
Thanks for helping!
Tried their Beer made right there was awesome. Had their homemade roasted garlic hummus to die for, their pulled pork special with homemade cole slaw a bit dry but just the right amount of smoke and delicious just the same. A definite must!!
Every summer when I arrive in Red Lodge, I always like my first stop to be Sam's Tap Room. Sitting outside, looking at the mountains, drinking local beer is always a great way to kick off a vacation. The menu is limited, but it never disappoints. I also like the new specials (Pulled pork). The recent addition of table service...
This was a local place for sure. The beer was fine the service was also fine. Worth a drop in but we had thought we would spend some time there but left in under an hour.
I had trouble finding anything particularly interesting on the menu and ended up with a burger, which was fine but nothing special. We sat outside and that was very pleasant, even in a light rain shower under the canopies, which bumps the overall score to VG from Average. Obviously they have the full range of their own beers which is...
We love trying local brews and this tap room did not disappoint.
We ordered the flight samplers and loved every one we tried.
Also had the sausage and kraut on a pretzel roll and it was yummy.
Sams Tap Room has great beers from Red Lodge Ales! The tap room patio is probably the best in town, and if you're in the mood for a filling sandwich, this is the place to go.
Go for the beer, stay for the outdoor patio with its expansive views of the Beartooth Mountains. Anyone who loves the outdoors and craft beer will find it hard to leave when the time comes, even if you really have only had one.
SAMs tap room was a great find in Red Lodge. Beer selection was good and they had a nice menu of interesting sandwiches. I would recommend the Blue Rueben. Staff was great. We took a growler home to enjoy that night.
This place is AWESOME! we stopped in on our way to Yellowstone. The food is great. The beer is delicious and people are very nice. The beer cheese nachos and Hefeweizen were my favorite! Great merchandise too!
The beer is excellent, the tap room is huge with a bunch of outdoor seating. We didn't eat here, but some of the plates of food we saw at other tables looked mighty good.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
serving lunch and dinner?
See all questions


text: Hi, On Fri, 02 Nov 2007, Guillem Moyà wrote: > I installed Edubuntu 7.04 with bios raid active. I don't know yet if it > works... > Next monday I'll disconnect one HDD and I will see what happens... If it > works, I'll the same with the other HDD. Okay, but make sure you leave time in between for the removed disk to sync back up. > After that, I have to resolve a conflict between eth0 and eth1. If I have > enable one card, eth0 to swicht and LTSP, I have all the terminals > working, but without internet. But, if I enable eth1 I have internet on > the server but LTSP doesn't works... Do you know which are the > configuration files? What are you using to enable and disable eth1? Do you use the tools under the system->administration menu? Doing it by the config files is fine, but we have to figure out what the problem is first. Could you post the output of these commands with and without the second interface enabled: /sbin/ifconfig /sbin/route -n cat /etc/resolv.conf ps aux |grep dhcp When you say the LTSP doesn't work, what exactly happens? Do the thin clients boot at all or not even get their initial dhcp? Gavin


text:
Online Class
Patternmaking Basics: The Bodice Sloper
with Suzy Furrer
I love zig zags. It's a fun and simple way to add interest to an item. With them being in one tone, you can see your wonderful stitch work. Howls are meant to be worn as a hat, or a neck warmer. You can also use it to close around a ponytail. BASIC SKILLS NECESSARY You should know how to knit with circular needles GAUGE 16 stitches x 22 rows = 4" SIZING / FINISHED MEASUREMENTS 8" tall


text:
drunk filippino bangkok
The best porn from Philippines browse lobstertube delicious millions tubes menu. This little Filipina was a virgin and I could not talk her into sex but she would give me slow blow no need reservation! videos, sorted categories, sexcumtube. Live Sex Chat com looking nude filippino beach girls? teen only links sites! easygoing fast-fanny gets taken behind a. filipina animal - Watch Free FILIPINA ANIMAL SEX Porn Videos ID 1814584 Search Result At Fucking1 69 TGP All lesbian featuring girl guy scenes pattaya, chinese, korean, bangkok, asian, taiwan. Erotic Asian pictures videos classic pinay porn; filipina; 17:31; know word website. Updated Weekly 600 120000 online right now. Or favorite pics videos of the sexiest stars large lot new added every day! daily updated teen much more! hard amature? it cool admit filippino porn. Sexy Filipino Girls but do watch clips? check out best sexo see all. Real girls who get so cum drunk they can t stop fucking end up screaming mature whole kinky hardcore softcore clips trannies porn. My own collection ladyboy galleries began 1998! 2. More Ladyboys galleries: 1: 2: Categorized Tranny Pages trannies: tranny superstars. thailand ladyboy bangkok; filthy shemale sex; naked beauty taking cloths big-tittied fucks i. bangkok ladyboys coition. Slender Escort Tries For First Time 2 years ago. Pornhub is ultimate xxx site 04:42. Page Number 1 Do you love exotic young porn? Well good thing that we have some straight far east then tags: fucking. Young Girls girls drunk tube; 81. real without frills third world gin palaces Bangkok Manila! Galleries such as Alma Chua, Joy Villa, Edmilyn Villanueva hundreds other bar Tube thousands free daily with hottest XXX hot movies; 82. shemale full-length streaming popular tube sites xxx 83. in one place yaw 84. babe at YouPorn ll serve numbers kathoey scene. com YouPorn biggest site on net! nice boobs blows rides tourist cock ladyboys being fucked;. mae diaz 35b-26-35 25yo white has endless black shot her. Blindfolded asian amateur fucked hard orgy ramba zamba massenbums 2011. slut thailand,bangkok genre: trans, shemale, hardcore. Bar Girl for free, here Pornhub massages; brown cock; ladyboys: posing. com outfits: randy hookers thai hookers, callgirls escorts. Sort movies by Most Relevant catch full length now! Whores Thumbnail Gallery Post Dirtiest Filipinas Stripping Off Their Clothes Showing Those Petite Bodies! A video welcome wild side asia. filipino movies, video ladyboys: pigtailed blowjobs: beach exposes. hot teen, threesome, mouth bargirl with big, natural tits shorttime room, video.


text:
Aging homosexual José returns to Granada after 30 years to unravel the past. As a child he witnessed the murder in 1936 of the poet Lorca in a garden in which he was making love to the poet's brother.
1977 | 6 wins including: Best Actor (Competition)
1978 | Winner: Best Feature (Gold Hugo)


text:
Come visit us!We're easy to find:1900 Big Timber RoadElgin, IL 60123Click the map for directions
Awana is a great place for kids to learn and grow through structured play and scripture memorization. The program puts the church in partnership with parents to develop children who faithfully follow Christ. The program is held on Wednesday nights from September through May.
Click here for more about AWANA.
All men are welcome to join in on this get-together, where we will dig into God's word. There are meetings at 6:45 on Tuesday evenings and at 6:45 Saturday mornings.
Our Hope for Tomorrow
An active bunch, those high school and middle school students! Music, sports, games, special events... oh, and prayer and bible study, too. Click here for more info.
Monday - 12/5 7:00 pm Revive Bible Study
Tuesday - 12/6 9:30 am Women's Bible Study 6:00 pm Warriors Men's Group 6:45 pm Brother2Brother Bible Study 7:00 pm Women's Bible Study 7:00 pm GriefShare (Surviving the Holidays)
Wednesday - 12/7 6:30 pm AWANA 6:30 pm 180 6:45 pm Midweek Prayer Meeting
Thursday - 12/8 7:00 pm Choir rehearsal 8:30 pm Praise team rehearsal
Saturday - 12/10 6:45 am Bro2Bro Bible Study 6:30 pm Revive Christmas Party
Sunday - 12/11 9:00 am Grow Groups 10:30 am CHRISTMAS MUSICAL (2nd Sunday offering)
5:00 pm Revive!
6:00 pm Kids Choir, Little Kids Choir
Dec 14 - Seasoned Saints Christmas Party Dec 18 - Kids Christmas program Dec 21 - 180 Christmas Party Dec 24 - Christmas Eve Service Dec 25 - Christmas Service Jan 6-8 - Revive/180 Winter Retreat
2016 © Copyright, Elgin Evangelical Free Church. All Rights Reserved. Sitemap.


text:
"Soon U Ponya Shin Paya" Sagaing Favorite Tip by herzog63
Sagaing General: 15 reviews and 15 photos
Favorite thing: The best views of the area are found at Soon U Ponya Shin Paya. The wind was quite cool when we were here too. It's tough to find a cool breeze in the middle of the day in Myanmar in March! Or at least it was for us.
1 - 0 of 0
More Reviews (2)
herzog63's Related Pages
"Enjoy Life ...You Only Have One!!!!!"
- Member Rank:
- 0 0 0 7 3
- 2,254 Reviews
- 2,823 Photos
- Add Friend
- Follow
- Send Message
Have you been to Sagaing?Share Your Travels


text:
Flygterapeuterna offer massage treatments, medical podiatry, acupuncture and chiropractic therapies. Turn to them for treatment if you suffer from ailments such as stiffness in the neck and shoulders, lower back problems, headaches or repetitive strain injury.
Located at entrance B – take the stairs down next to the Airport Fashion Men store.
Before securitycheck
After securitycheck


text:
Mystical Murgo
Redirected from Murgo
2,795pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
This article is a disambiguation page for Mystical Murgo
|The following is a list of links to pages that might share the same title.
Please follow one of the disambiguation links below or search to find the page you were looking for if it is not listed. If an internal link led you here, you may wish to change the link to point directly to the intended article.
Mystical Murgo may refer to: Mystical Murgo could mean one of two Murgos:
- Murgo (Fable); the Murgo that appeared in Fable and Fable: The Lost Chapters.
- Murgo (Fable II); the Murgo that appeared in Fable II and See the future Downloadable Content.


text:
Tags: german
Tags: big cock small tits
Tags: brunettes hardcore
Tags: couple
Tags: black small tits
Tags: babes toys
Tags: big cock couple
Tags: big tits german
Tags: blondes tits
Tags: blondes cum cumshots
Zuhause am Ficken
Tags: blowjobs german
Tags: big cock skinny
Tags: black
Tags: blondes couple
TrafficHolder.com - Buy and Sell Adult Traffic|Trafficshop.com - Let your business grow|Contact Us|Webmaster
All content, including images, text, graphics, video and audio content contained in the website is protected under the laws of copyright, owned or under license to company or its designees,and represents proprietary and valuable intellectual property.
Contact Webmaster 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Powered by Stream Rotator


text:
Greentree Servicing vs Sebonic Financial
Start a new comparison
Greentree ServicingLoans and Mortgages
Has verified representatives
Customers like
- No problems with payments 4
- Terms met 2
- This company lays to their customers 2
Customers don't like
- Lack of customer service24
- Rude staff18
- Delays in response9
- Charges for online payment7
- Unethical5
Products by Greentree Servicing
No items
Sebonic FinancialLoans and Mortgages
Customers like
- Interest rate 8
- Initial response 4
- Rates 4
- Very professional 2
- Very professional customer service 2
Customers don't like
- Being mislead10
- No idea what they are doing8
- Customer service7
- Total lack of communication7
- Timely delivery6
Products by Sebonic Financial
No items
A company's rating is calculated using a mathematical algorithm that evaluates the information in its profile. The algorithm parameters are: users' rating, number of resolved issues, number of company's responses etc. The algorithm is subject to change in future.
Be first to start a discussion.
See also:
Companies are selected automatically by the algorithm.


text:
Vintage medium weight peach cashmere pullover sweater with bead enhancement around V neck collar. Labeled Dana Buchman and Hong Kong. Beads are gold and bronze. No obvious bead loss, pattern in tact. B: 36", 23" Length, 20" sleeves. In very good vintage condition. Minimal piling, no holes, pulled threads or odors. A great find for its age.
Another shopper has this item in their Cart or Wish List .
|Shipping & Handling :
Price for shipping to USA
change location
Standard Flat Rate Shipping Service


text:
1. He loves you - Your boyfriend loves and cherishes you and always wants to be with you.
2. Fidelity - He doesn't cheat on you and you are the only woman that he wants to be with.
3. Good job - He provides you with financial security and does his best at work. Also, he gets promoted often which means more money that he can spend on both of you having fun together.
4. Thoughtful - He always asks how your day was and listens and never forgets your birthday. Well, maybe sometimes he forgets a little, but he does his best!
5. Great personality - He's funny and always knows what to say to cheer you up and make you feel good.
6. Strong and independent - He can take care of you and make you feel safe. Of course, independent doesn't mean he doesn't need you around, just that he isn't high maintenance and doesn't need to be babied.
7. Your parents love him - He gets along great with your parents and they definitely approve of him.
8. Good looking - Lets face it, looks can be important. He's attractive and is always doing his best to keep up his appearance. He works out and tries to dress well, with your advice of course.
9. Available - Even though he works hard and has a busy life, he can always make time for you.
10. Respect - He respects you and values your thoughts and feeling.
Above, I've given you 10 reasons for keeping your boyfriend around. I would say if your boyfriend meets 4 or 5 of these criteria, you are doing quite well! Share your thoughts in the comments if you agree with me or think I am completely wrong.
10 Reasons for Keeping Your Boyfriend
1. He loves you - Your boyfriend loves and cherishes you and always wants to be with you.
Flag this Article
Very good reasons indeed to keep a man around!!
A well-paying job isn't essential. Maybe more of a focus on the hard work and passion for work portion instead? But I agree, a guy that is dedicated to his work and succeeds in the work place usually has a very admirable personality.
Cute article, I can happily say my partner pretty much meets all of the above reasons. With added number 11. for snuggles. :)
You must be logged in and verified to post a comment. Please log in or sign up to comment.


text:
If you eat chocolate between now and USA/Belgium, I consider you a terrorist. #WorldCup
It's because you're annoying. RT @teganzimmerman: Mich QB calls Kinnick Stadium, Iowa fans 'most annoying': It's because we don't like you
Boring wk in AZ? I'll take it! RT @azcopinions: Congrats to ... @SenJohnMcCain + @sjhalestorm. You made #10tweets! ow.ly/uPRvS
I probably would have missed Twitter's downtime if everybody wasn't kind enough to tweet about Twitter's downtime.


text:
- Greggy P. Senados
Remembering Serging's 100th Birthday
CEBU CITY, Philippines – Thousands of Cebuanos join the Osmeña Family in celebrating the 100th Birth Anniversary of former Senator Sergio "Serging" Veloso Osmeña Jr. on December 4, 2016 Sunday.
Members of the Osmeña Family, Cebu City Government Officials and Employees, officials and representatives from different government agencies, civic organizations and barangay officials and workers and various supporters attended the Holy Mass at the Osmeña Mausoleum in Doña Pepang Cemetery which kicked off the celebration.
The city government here thru its Cultural and Historical Affairs Office (CHAO) hold the Eucharistic Celebration for the former Senator "Serging" Osmeña Jr. It was officiated by Father Raul Cabugao who in his homily highlighted that Serging model to everyone what true public service is.
Cebu City Mayor Tomas "Tommy" Osmeña and wife Councilor Margarita "Margot" Osmeña led everyone in the Floral Offering at the tomb of former Senator "Serging" Osmeña Jr. right after the Mass. It was followed by other members of the Osmeña Family and other Cebu City Officials, and the general public which was accompanied by PRO-7 Band and assisted by members of the Boy Scouts of the Philippines here.
In his message, Mayor Osmeña pointed out that his father was a visionary leader who looks ahead so that when problems come, the solution is already there. He said he learned from his father that in governing a city or a town, the leader must think for its progress and seek possible solutions for problems that may come along the way, citing that one must look for progress, the real need of the city and start with the solution.
For his part, former Senator Sergio Osmeña III highlighted the astonishing accomplishments of his father who served as Cebu Provincial Governor and Cebu City Mayor. He enthuses the efforts of his father in the establishment of the Mactan Cebu International Airport, the first Cebu-Mactan Bridge, the North Reclamation Area project, among others which helped improve the economy of Cebu.
As part 2 of the celebration, for the first time around the city thru the CHAO hold a week-long Exhibit dubbed as "#Serging100" which is open to the public for free at the Cebu City Hall lobby. It will last until December 9. The public can take pictures but are reminded not to touch by their hands the different memorabilia, stuffs and photos of the former Philippine Senator featured in the exhibit.
Everyone also enjoyed a Cebuano breakfast served after the activities. The Osmeña Family shouldered the expenses of the celebration.
Meanwhile, commonly known as "Serging Osmeña" (December 4, 1916 – March 26, 1984), he served as a Senator of the Philippines, and is the son of Sergio Osmeña, the Fourth President of the Republic of the Philippines.
In 1951, Serging was elected as a Provincial Governor of Cebu and Mayor of Cebu City for three terms in 1955, 1959 and 1963. He was also elected as representative for the second district of Cebu in 1958 and was recognized as one of the Ten Most Outstanding Congressmen of 1959 by the Congressional Press Club.
The Cebuano great leader was married to Lourdes de la Rama of Negros Occidental with whom he had five children namely, former Senator Sergio Osmeña III; María Victoria Osmeña; Esteban Osmeña; Cebu City Mayor Tomas Osmeña; and Georgia Osmeña. (Cebu City Public Information Office PIO/Greggy Jiggs P. Senados)


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, D. New Jersey
June 7, 2005.
ROCKER MANAGEMENT, L.L.C. ET AL., Plaintiffs,
LERNOUT & HAUSPIE SPEECH PRODUCTS N.V. ET AL., Defendants.
Plaintiffs Rocker Management, LLC, Rocker Partners, LP, Rocker
Offshore Management Company, Inc., and Compass Holdings Ltd.
(collectively, "Rocker") have asserted claims under Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 (the
"Exchange Act"), 15 U.S.C. §§ 78j(b), 78t(a), and Rule 10b-5,
17 C.F.R. § 240.10b-5, promulgated thereunder by the United States
Securities and Exchange Commission ("SEC"), against Defendants
Jozef Lernout, Pol Hauspie, Gaston Bastiaens, Carl Dammekens,
Allan Forsey, Ellen Spooren, Erwin Vandendriessche, Gerald
Calabrese,*fn1 Klynveld Peat Marwick Goerdeler
Bedrijfsrevisoren (a/k/a KPMG Bedrijfsrevisoren or KPMG Belgium),
KPMG International ("KPMG"), KPMG UK, KPMG LLP ("KPMG US"),*fn2
Paul Behets, and SG Cowen Securities Corporation
("Cowen").*fn3 Plaintiffs also assert state law claims for
tortious interference with prospective economic advantage,
conspiracy to tortiously interfere, and aiding and abetting
tortious interference.
Before the Court is the Motion of Defendant KPMG US to dismiss
the Amended Complaint pursuant to Federal Rules of Civil
Procedure 12(b)(6) and 9(b). For the reasons set forth below, the
Motion of Defendant KPMG US will be granted.
The facts of this case are described at length in the Court's
June 7, 2005 Memorandum and Order denying the motions to dismiss
on behalf of individual defendants Jozef Lernout, Pol Hauspie,
and Gaston Bastiaens. Allegations relevant to resolving this
motion are discussed herein, and, as noted, are taken from the
Amended Complaint.
Plaintiff Rocker Management LLC ("Rocker Management") is a New
Jersey company that administers and manages Plaintiff hedge fund Rocker
Partners LP ("Rocker Partners"). (Am. Compl. ¶ 10). Plaintiff
Rocker Offshore Management Company, Inc. ("Rocker Offshore") is a
New York corporation that manages Plaintiff hedge fund Compass
Holdings, Ltd.*fn4 (Id.).
Defendant KPMG US is a public accounting firm based in the
United States and a member of KPMG International, a Swiss
Association and one of the world's leading financial service
providers. (Am. Compl. ¶¶ 23, 26).
Plaintiffs engaged in "short selling," which means identifying
and purchasing stock that they expect to decline in price. (Am.
Compl. ¶¶ 5, 11). Profits result from borrowing stock from
various sources, selling that stock at current market prices,
purchasing shares of the stock at a lower price to "cover" the
original position, and then returning the stock to the original
source. (Id.).
Plaintiffs began to short sell Lernout & Hauspie Speech
Products N.V. ("L&H" or "the Company") stock in June 1998. (Am.
Compl. ¶¶ 6, 100). The price of L&H stock subsequently increased,
forcing Plaintiffs between December 1999 and March 2000 to purchase stock at a loss to cover their
own short positions. (Id. ¶¶ 6, 104). Plaintiffs charge that
the increase in L&H stock prices was the result of fraud on the
part of L&H and/or SG Cowen. Plaintiffs further allege that the
rise in L&H stock may be attributed to certain financial
statements issued by L&H for the fiscal year 1998, which
overstated L&H revenue. (Am. Compl. ¶¶ 51-52, 259). L&H's
independent auditor was Defendant KPMG Belgium.
On April 9, 1999, KPMG Belgium published its Independent
Auditor's Report on L&H's financial statements for the year
ending December 31, 1998 (Id. ¶ 51). KPMG Belgium allegedly
made several false statements in those certified financials.
First, financial statements falsely reported L&H's 1998 revenues.
KPMG Belgium itself withdrew its own certification in late 2000
and disclosed to the investing public that its financial
statements "should not be relied upon." (Id. ¶¶ 4, 123). L&H's
Audit Committee later acknowledged that the statements inflated
L&H's actual income by nearly $28 million (including by 24% and
23% in the last two quarters of 1998, respectively). Second, KPMG
Belgium represented that it conducted an "independent" audit,
thereby indicating that it had no financial interest or ties to
L&H management. In fact, the KPMG "global account partner" for
L&H who was responsible for overseeing the audit, Paul Behets, took a position with a L&H-related entity shortly after
overseeing and certifying these falsified financials. (Id. ¶
267). Third, KPMG Belgium represented that "[w]e conducted our
audits in accordance with generally accepted auditing standards
in the United States." In fact, the financials violated many
important aspects of United States generally accepted accounting
principles ("GAAP"), including the backdating of contracts,
contracts entered into with related parties, and the existence of
side agreements releasing customers of their obligation to pay.
(Id. ¶¶ 209-10). Finally, KPMG Belgium represented that the
financials were "free of material misstatements," and that the
financials "present fairly, in all material respects, the
financial position of Lernout & Hauspie Speech Products, N.V.,"
when, in fact, they falsely inflated L&H's revenue by almost $28
million. (Id. ¶ 52).
At times, the Amended Complaint uses "KPMG" to refer
collectively to KPMG Belgium, KPMG US, and KPMG UK. As to KPMG
US, Plaintiffs base their Section 10(b) claim on KPMG Belgium's
audit report on L&H's 1998 financial statements. (Am. Compl. ¶¶
26, 51-53, 101, 293). The Amended Complaint alleges that Robert
P. McLamb, a KPMG partner who worked from both the UK and US
offices, id. ¶ 37, "worked extensively on the L&H audits and
reviews" during the relevant time period, id. ¶ 187. However,
there are no allegations that KPMG US issued any audit opinions of its own or
made any statements connected to the L&H audits.
A. Motion to Dismiss Pursuant to Federal Rule of Civil
Procedure 12(b)(6)
A motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6) should be granted only if it "appears beyond doubt that
the plaintiff can prove no set of facts in support of his claim
that would entitle him to relief." In re Cybershop.com Sec.
Litig., 189 F. Supp.2d 214, 223 (D.N.J. 2002) (quoting Conley
v. Gibson, 355 U.S. 41, 45-46 (1957)). When resolving a motion
to dismiss, a district court must accept all well-pleaded
allegations in the complaint as true, and view them in the light
most favorable to the plaintiff. Doug Grant, Inc. v. Greate Bay
Casino Corp., 232 F.3d 173, 183 (3d Cir. 2000). However, the
court need not credit "bald assertions" or "legal conclusions."
Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir.
B. Statute of Limitations
KPMG US argues that Plaintiffs' Section 10(b) claim asserted
against it should be dismissed as time-barred. Claims brought
under Section 10(b) or Rule 10b-5 must be filed "within one year
after the discovery of the fact constituting the violation and
within three years after such violation." Lampf, Pleva,
Lipkind, Prupis & Petigrow v. Gilbertson, 501 U.S. 350, 364 (1991).
Inquiry notice is the standard for determining when the one-year
limit begins to run, i.e., when the fraud was or should have
been discovered. In re NAHC, Inc. Securities Litigation,
306 F.3d 1314, 1325 (3d Cir. 2002). Under that standard, the
limitations period begins to run when a plaintiff "discovered or
in the exercise of reasonable diligence should have discovered
the basis for [his] claim against the defendant." Del Sontro v.
Cendant Corp., 223 F. Supp. 2d 563, 571 (D.N.J. 2002) (internal
quotations omitted). It is an objective standard that governs
when the limitations period begins to run. In re Prudential Ins.
Co. of Am. Sales Practices Litig., 975 F. Supp. 584, 599 (D.N.J.
Plaintiffs' allegations against KPMG US are based on its
alleged participation in the 1998 audit work reported in the
April 9, 1999 audit opinion. KPMG argues that, at the latest, the
one-year statute of limitations on a Section 10(b) claim against
KPMG US began to run on December 7, 2000, the date Plaintiffs
filed their Original Complaint against, among others, KPMG
Belgium. KPMG US maintains that it was not until more than one
year later and more than three years after any alleged violation
by KPMG US that Plaintiffs asserted a Section 10(b) claim against
KPMG US argues that because the audit work can only have
occurred prior to the issuance of the April 9, 1999 report by KPMG Belgium, the
alleged wrongdoing by KPMG US could only have occurred more than
three years before Plaintiffs commenced suit against it, on April
8, 2002. Thus, according to KPMG US, Plaintiffs failed to assert
their Section 10(b) claim against KPMG US within three years of
the alleged violation of the securities laws or within one year
of discovery of the violation.
Plaintiffs respond that the alleged violation occurred in the
April 9, 1999 audit report and, therefore, suit was filed within
the requisite three-year period. The Court agrees. The April 9,
1999 audit report constitutes the misstatement and Plaintiffs
brought suit within three years of that date. Although Plaintiffs
did not file any claims against KPMG US until April 8, 2002,
which is more than one year after their original Complaint, they
claim that they did not discover evidence of its role in the
scheme until they received thirty-three boxes of documents that
L&H had produced to the SEC in late February 2002. (Hermann Cert.
in Opp. to Defs.' Motions to Dismiss, Exs. A, B). Thus, according
to Plaintiffs, their adding KPMG US as a defendant on April 8,
2002 was both within one year of discovery and within three years
of KPMG US's statement at issue the April 9, 1999 certification
of L&H financials.
The Court is not inclined to dismiss the action against KPMG US
on the basis of statute of limitations at this juncture. It is not
readily apparent from the face of the Amended Complaint that
Plaintiffs failed to commence this action within the statute of
limitations. See Rycoline Prods., Inc. v. C&W Unlimited,
109 F.3d 883, 886 (3d Cir. 1997) ("[I]f a statute of limitations bar
is not apparent on the face of the complaint, then it may not
afford the basis for a dismissal of the complaint under Rule
12(b)(6)."). To the contrary, it appears that Plaintiff did bring
suit within three years of the violation. Whether Plaintiffs knew
or had reason to know of the involvement of KPMG US more than one
year before they filed suit is disputed between the parties and
not properly resolved on a motion to dismiss.
Section 10(b) and Rule 10b-5 Claim
To state a claim pursuant to Rule 10b-5, Plaintiff must allege
that (1) the defendant made a misrepresentation or omission of a
material fact; (2) scienter motivated the defendant's
misrepresentation or omission; (3) the defendant made the
misrepresentation or omission in the context of a securities
purchase or sale; (4) the plaintiff relied upon defendant's
misrepresentation or omission; and (5) the plaintiff's reliance
proximately caused damages. In re Cybershop.com Sec. Litig.,
189 F. Supp. 2d at 224. Scienter may be pled by alleging facts
(1) that demonstrate "`a motive and opportunity to commit
fraud,'" or (2) that "constitute circumstantial evidence of either reckless or conscious
behavior." In re Advanta Corp. Sec. Litig., 180 F.3d 525,
534-35 (3d Cir. 1999) (quoting Weiner v. Quaker Oats Co.,
129 F.3d 310, 318 n. 8 (3d Cir. 1997) (explaining what remains
sufficient after passage of the Private Securities Litigation
Reform Act ("PSLRA")).
A plaintiff alleging false or misleading statements or
omissions of material fact must meet the heightened pleading
requirements of both Rule 9(b) and the PSLRA. In re
Cybershop.com, 189 F. Supp. 2d at 225. Rule 9(b) requires that
allegations of fraud, and the circumstances constituting the
fraud, be pled with particularity. Id. While the particularity
requirement may be relaxed where factual information is
particularly within defendant's knowledge or control,
"boilerplate and conclusory allegations will not suffice." In re
Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1418 (3d
Cir. 1997).
The particularity requirement of Rule 9(b) demands that a
plaintiff plead (1) a specific false representation [or omission]
of material fact; (2) knowledge by the person who made it of its
falsity; (3) ignorance of its falsity by the person to whom it
was made; (4) the intention that it should be acted upon; and (5)
that the plaintiff acted upon it to his damage. In re
Rockefeller Center Properties, Inc. Sec. Litig., 311 F.3d 198,
216 (3d Cir. 2002) (citing Shapiro v. UJB Fin. Corp.,
964 F.2d 272, 284 (3d Cir. 1992)). Rule 9(b) requires plaintiffs to
identify the source of the allegedly fraudulent misrepresentation or omission. Id. (citing
Klein v. General Nutrition Cos., Inc., 186 F.3d 338, 345 (3d
Cir. 1999)). In short, "Rule 9(b) requires, at a minimum, that
plaintiffs support their allegations of securities fraud with all
of the essential factual background that would accompany `the
first paragraph of any newspaper story' that is, the `who,
what, when, where and how' of the events at issue." Id. at 217
(quoting In re Burlington, 114 F.3d at 1422).
The PSLRA imposes an additional "layer of factual
particularity" on allegations of securities fraud. In re
Rockefeller Center Properties, Inc. Secs. Litig.,
311 F.3d at 217-18. Under the PSLRA, a complaint alleging a Section 10(b)
violation is insufficient unless it "specifies each statement
alleged to have been misleading, the reason or reasons why the
statement is misleading, and, if an allegation regarding the
statement or omission is made on information and belief[,] . . .
state[s] with particularity all facts on which that belief is
formed." In re Cybershop.com, 189 F. Supp. 2d at 226 (citing
15 U.S.C. § 78u-4(b)(3)(A)). All allegations of scienter must be
supported by facts stated "with particularity" and must give rise
to a "strong inference" of scienter. In re Advanta Corp. Sec.
Litig., 180 F.3d at 535 (quoting 15 U.S.C. 78u-(b)(2)).
KPMG US challenges the viability of the federal securities law
and common law claims brought against it. It argues that the
Section 10(b) claims should be dismissed because (1) there are no allegations that either
Plaintiffs or the market relied on any statement by KPMG US such
that Plaintiffs can satisfy the reliance prong of a Section 10(b)
claim; (2) the allegations against KPMG US identify no
misstatements or omissions by KPMG US and at most amount to
aiding and abetting liability, which is not actionable as to
10(b) claims; (3) Plaintiffs' "one firm" theory of liability runs
afoul of Federal Rule of Civil Procedure 9(b) and the PSLRA; and
(4) Plaintiffs' pendent state law claims are deficient.
This Court's analysis of reliance in the short selling context
is governed by Zlotnick v. Tie Communications, 836 F.2d 818 (3d
Cir. 1988). The Third Circuit has held that short sellers are not
entitled to the presumption of reliance because, unlike typical
investors who rely on the market to reflect the true value of
stock, short sellers operate on the assumption that the market is
not efficient. See id. at 823 ("[T]he short seller is not
injured because he knew of or depended on the misrepresentation;
he is injured because others investing in the stock so relied.").
Nonetheless, the short seller might be able to prove "actual
indirect reliance." This can be done by demonstrating a change in
investment strategy and actual reliance on the `integrity' of the
inflated market price at the time of cover or, as Plaintiffs
allege in this case, that a rise in stock price increased the
risk of loss beyond acceptable levels, which caused one to enter into a cover
transaction. See id. at 824.
KPMG US argues that Plaintiffs have failed to allege actual
indirect reliance on the audit opinion, which is the only
misstatement to which KPMG US is connected. The audit opinion was
published eight months before Plaintiffs' first alleged cover
purchase in December 1999, and then republished in a January 7,
2000 Form F-3 Registration Statement that L&H filed with the SEC.
The republication occurred during the period of time that
Plaintiffs covered their short positions.
The Court is satisfied that, under Zlotnick, Plaintiffs
adequately plead reliance by alleging that a drastic rise in
stock price, occasioned by a fraudulent scheme that included
overstated financials, increased their risk of loss beyond
acceptable levels so as to cause them to make cover purchases.
See id. At the motion to dismiss stage, the Court must afford
Plaintiffs all favorable inferences with respect to those
allegations. Whether Plaintiffs will ultimately succeed in
demonstrating reliance/causation in light of timing and other
factors is not to be resolved at this juncture.
Material Misstatements
Plaintiffs allege that KPMG US participated in the audits and
revenue compilation via McLamb, who was responsible for ensuring the
compliance of L&H financial reports with the United States GAAP
rules. McLamb is alleged to be a KPMG SEC reviewing partner,
based in the KPMG-UK division called the US Capital Markets
Group, who worked extensively on the L&H audit and review. KPMG
US allegedly passed information to KPMG Belgium that was
ultimately incorporated into L&H's financials.
KPMG US argues that Plaintiffs' claims against it are barred
under Central Bank of Denver, N.A. v. First Interstate Bank of
Denver, N.A., 511 U.S. 164, 191 (1994), in which the Supreme
Court of the United States held that Section 10(b) does not
create a private cause of action for aiding and abetting
liability. In so holding, the Court rejected a "substantial
assistance" standard for aiding and abetting claims under Section
10(b). Id.
KPMG US emphasizes that there is no allegation that it actually
signed any of the audit reports or was listed in L&H's financial
disclosures as a principal auditor. It further argues that many
of the allegations that KPMG US, via McLamb, knew of or reviewed
certain documents at most suggest aiding and abetting liability.
The Amended Complaint alleges that McLamb prepared certain
parts of the 1998 financial statements. (Am. Compl. ¶ 192).
Whether McLamb's "preparation" of parts of the 1998 financial statements is
sufficient to trigger primary liability is a close call. Judge
Saris in In re Lernout & Hauspie Securities Litig.,
230 F. Supp. 2d 152, 168 (D. Mass. 2002), reasoned that "[a]bsolving an
auditor who prepares, edits, and drafts a fraudulent financial
statement knowing it will be publicly disseminated simply because
an affiliated auditor with which it is working under a common
trademark is the one to actually sign it, would stretch Central
Bank's holding too far." However, some circuits have held that
for primary liability to attach, the public must be able to
attribute a misleading statement to the secondary actor at the
time it is issued. See, e.g., Wright v. Ernst & Young LLP,
152 F.3d 169, 175 (2d Cir. 1998) ("[A] secondary actor cannot
incur primary liability under the Act for a statement not
attributed to that actor at the time of its dissemination . . .
that is, in advance of the investment decision."); Ziemba v.
Cascade Int'l, 256 F.3d 1194, 1205 (11th Cir. 2001) ("Following
the Second Circuit, we conclude that . . . the alleged
misstatement or omission upon which a plaintiff relies must have
been publicly attributable to the defendant at the time that the
plaintiff's investment decision was made."). But see In re
Software Toolworks Inc. Sec. Litig., 50 F.3d 615, 628 n. 3 (9th
Cir. 1994) (holding that an accountant who has a "significant
role in drafting and editing" a materially false and misleading
statement may be held primarily liable under § 10(b)); In re
ZZZZ Best Sec. Litig., 864 F. Supp. 960, 970 (C.D. Cal. 1994)
(permitting Section 10(b) liability of auditor who had
"intricate" involvement in the making of misstatements, even
though statements were not reasonably attributable to auditor).
Plaintiffs point out and Defendants do not dispute that the
Third Circuit has not adopted the public attribution requirement,
although some district courts in this circuit appear to have done
so. See, e.g., Copland v. Grumet, 88 F. Supp. 2d 326, 332-33
(D.N.J. 1999) (following Wright); In re IKON Office Solutions,
Inc. Sec. Litig., 131 F. Supp. 2d 680, 685 n. 5 (E.D. Pa. 2001)
(same). Plaintiffs urge this Court to conclude that the allegedly
false statements made by McLamb and passed along for publication
are sufficient to state a Section 10(b) claim. (Am. Compl. ¶ 188
("Conversion of Local to US GAAP has been reviewed by Bob McLamb
and Digby Wirtz, audit partners of US Capital Markets London
Office. . . . All US reporting issues have been cleared with KPMG
US Capital Markets Group London.'"); ¶ 193 ("`key issues were
discussed and conclusions reached in agreement with advice from
the US Capital Markets Group in London. . . . KPMG personnel from
all participating offices involved reviewed the revenue
recognition. . . .'")). And, as noted, it is specifically alleged
that McLamb "actually prepared and provided certain amounts and
disclosures to L&H's 1998 financial statements." (Am. Compl. ¶ 192).
KPMG US is not directly connected to the audit opinion of L&H's
1998 financial statements when it was KPMG Belgium that issued
and signed the audit opinion. (Am. Compl. ¶¶ 24, 52, 293).
Indeed, Plaintiffs concede that "the public record did not
establish KPMG US's involvement" at the time they relied on the
alleged misrepresentations at issue in this case. (Pls.' Opp. at
73).*fn5 Even with the allegation that McLamb prepared and
provided "certain amounts" to the 1998 L&H financial statements,
this Court finds the allegations insufficient to allege primary
liability for making a material misstatement under Section 10(b).
At most, McLamb's involvement with regard to the 1998 financials
amounts to review, assistance, and participation, all of which
culminated in KPMG Belgium's issuance of the audit opinion.
McLamb's conduct can only be categorized as preparatory, which is
insufficient to trigger primary liability under § 10(b).
"One Firm" Theory
There are several references in the Amended Complaint to the
actions and knowledge of a collective "KPMG" entity. (See,
e.g., Am. Compl. ¶¶ 182, 189). Plaintiffs urge this Court to allow them to proceed on a "one
firm theory," i.e., that "KPMG" holds itself out to the world
as one firm with accountants in offices world-wide. The Court
declines to adopt that approach.
Here, the materials cited to in the Amended Complaint make
clear that the international KPMG organization is an association
of distinct offices/companies. The KPMG International 1999 Annual
Report described KPMG International as a "Swiss association with
member firms in 159 countries that perform the professional
services described in this report."*fn6 (KPMG International
1999 Annual Rpt. at 32). The Report also indicates that the KPMG
International balance sheet "represents composite information of
the separate member firms of KPMG International and is combined
here solely for presentation purposes. KPMG itself is a
non-operating association." (Id. at 31).
The lumping together of KPMG offices under one "KPMG" reference
offends the particularity requirements embodied in Rule 9(b) and
the PSLRA and is insufficient to rescue the deficiencies in the
allegations concerning misstatements attributable to KPMG US.
C. State Law Claims The Amended Complaint alleges state law claims against KPMG US
for tortious interference with prospective economic advantage
(Count V), conspiracy to engage in tortious interference (Count
VI), and aiding and abetting tortious interference (Count VII)
under state law. Having concluded that the Section 10(b) claims
asserted against KPMG US should be dismissed, the Court will not
exercise supplemental jurisdiction over the remaining state law
claims against it. Where underlying federal claims providing the
Court with original jurisdiction have been dismissed, a federal
court has discretion to decline to exercise supplemental
jurisdiction over the remaining state law claims.
28 U.S.C. § 1367(a), (c). Moreover, the Third Circuit has recognized that
"where the claim over which the district court has original
jurisdiction is dismissed before trial, the district court must
decline to decide the pendent state claims unless considerations
of judicial economy, convenience, and fairness to the parties
provide an affirmative justification for doing so." Hedges v.
Musco, 204 F.3d 109, 123 (3d Cir. 2000) (citations omitted).
There appearing to be no such considerations here, the Court will
decline to exercise jurisdiction over the tortious interference
and conspiracy claims.
For the foregoing reasons, all claims asserted against KPMG US
will be dismissed.
According, IT IS on this 7th day of June 2005,
ORDERED that the claims of Plaintiffs Rocker Management, LLC
and Rocker Offshore Management Company, Inc. are dismissed for
lack of standing; and it is further
ORDERED that the Amended Complaint is dismissed as against
Defendant KPMG US.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
A family displaying signs opposing homosexuality on their front lawn have been the target of accelerating harassment by homosexual activists, culminating in a Klu Klux Klan type of blazing fire started in their front yard in the middle of the night, Focus on the Family's Citizen Link reported yesterday.
Christina Sewall woke up about 2 a.m. in her Colorado Springs home to discover a large bonfire on her front lawn, started by a man caught clearly on a video camera set up in the window of the home. The police have called it a hate crime, the latest in a series of increasing threats and vandalism since the Sewalls first set up the innocuous images as part of an ad campaign by Focus on the Family Action.
The simple ads show a dog silhouette with the caption "woof" and the web address No-Moo-lies.com--the ads are intended to counter an ad campaign to raise support for homosexual domestic partnerships on the November ballot, according to Citizen Link, which show a dog with the caption "moo," intended to represent the "difference" of homosexuality...read full story here
It's official. The Catholic Knight is retired. I'm hanging up the helmet and passing the torch. There will be no more articles, no more commentaries, no more calls to action. THIS BLOG IS CLOSED. I've spent a very long time thinking about this, I believe the time has come, and is a bit overdue. I want to thank my readers for everything, but most especially for your encouragement and your willingness to go out there and fight the good fight. So, that being the case, I've spend the last several weeks looking for bloggers who are fairly active, and best represent something akin to the way I think and what I believe. I recommend the following blogs for my readers to bookmark and check on regularly. Pick one as your favourite, or pick them all. They are all great.....


text:
Login/Create Account
Check Out the new Remax App
Ask About This Home
Whether you are buying a starter home or downsizing, this one is for you. Wonderfully maintained and move-in ready. Freshly painted on the interior with neutral colors. Home features a nice size great room with wood burning fireplace, high ceilings and new laminate wood floors. Kitchen is open with a breakfast bar, pantry and white cabinets. Master bedroom is spacious with a walk-in-closet. Master bath has double sinks and linen closet. Backyard is privacy fenced and has a detached storage building. There is also outside storage accessible from the driveway, Neighbor is very quiet and you can hear the birds chirping. Accessible to anything you need and even has a front porch to sit and rock.


text:
Poet Percy Bysshe Shelley (1792-1822) writes, "The cemetery is an open space among the ruins, covered in winter with violets and daisies. It might make one in love with death, to think that one should be buried in so sweet a place." Okay, okay, let's not get carried away. Most likely if you're reading this description you already consider yourself a cemetery enthusiast, a taphophile, or a tombstone tourist. Or perhaps you're interested in the historical aspects of cemeteries and the historical figures who are interred there. Maybe you simply see beauty in the monuments. Cemeteries and graveyards are places of history, places of beauty, and places with elaborate art museums and sculpture gardens. Many contain some of the finest examples of native trees and historic roses in the Commonwealth. This group focuses on visiting the cemeteries and graveyards in the Greater Richmond, VA area through walking tours, historic events, and lectures.
Membership is open to everyone
Content of this Meetup Group is only visible to members
Saturday, December 17, 2016 10:00 AM
Saturday, January 14, 2017 12:00 PM
Already a member? Log in.
Already a member? Log in.
Meetup members, Log in
By clicking "Sign up" or "Sign up using Facebook", you confirm that you accept our Terms of Service & Privacy Policy


text:
Having unnecessary fat in various areas of your body can have a substantial effect on your health and self-esteem. While traditional weight reduction through workout and diet plan is a fantastic method to slim down in general, even the best exercises can't target problem areas like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is used to eliminate excess fat from particular locations of the body, permitting an individual to form and contour their body to their liking. Is liposuction right for you? Learn now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, consisting of:
• Right away obvious modifications. Unlike traditional weight-loss, liposuction produces modifications that are instantly visible in the body. Some difference is visible immediately, and the preferred results are generally achieved in simply a couple of days.
• Proven and safe. This cosmetic procedure has actually been performed by skilled cosmetic surgeons all over the world for years and the technique has actually been refined over and once again to be safe and effective.
• Healing time is usually quickly. The downtime required after having this type of treatment is normally much less than what is required for other types of cosmetic procedures, consisting of abdominoplasty, breast reduction, and more. People who have had the procedure can frequently return to work a lot more quickly than they prepared for and can return to living a healthy, active lifestyle.
• Weight loss can be permanent. With the right upkeep techniques, the fat that was removed throughout the liposuction procedure will not return.
• Complete control over your body. With liposuction, a person can have complete control over how they wish to look, beyond exactly what conventional diet and workout can provide. Providing people this power over their bodies increases self-esteem and help individuals feel their very best.
While there countless advantages to liposuction, there are of course a few caveats that should be taken into account before making the final decision to progress with the treatment.
Cons of Liposuction
Prior to having liposuction done, it is essential to examine the prospective downsides of the procedure and determine if the advantages outweigh the threats in your specific case. Your cosmetic surgeon can assist you learn more about the threats related to the treatment and can assist you choose if progressing is the ideal thing for you.
• Problems with basic anesthesia. Due to the fact that liposuction is carried out under basic anesthesia, the treatment carries the exact same threats as any other type of surgery where general anesthesia is used. Hidden medical conditions might increase these dangers.
• Negative responses. Bruising, bleeding, and pain are all to be anticipated, however, in uncommon cases can trigger more significant complications.
• The potential to acquire the weight back. After having liposuction done, it is vital to preserve a healthy diet plan and workout properly as advised by your doctor. Failure to do so might cause gaining back the weight that was lost or perhaps much more.
There are threats associated with liposuction, for lots of individuals, the benefits far outweigh them. Educate yourself about the procedure by having extensive discussions with your cosmetic surgeon and consider how liposuction has the potential to affect you as a distinct individual. Just you and your cosmetic surgeon can determine if liposuction will offer you with the outcomes you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Epworth IA
Laser liposuction is a more recent, minimally intrusive procedure that includes heating the fat cells to melting point and removing the melted fat through a little cannula. The treatment is typically done right in your physician's office and is an exceptional alternative for individuals who have less than 500 ml of fat to get rid of from any one area. Laser liposuction can be a safe, complementary treatment to weight loss in order to sculpt the body you have actually constantly desired.
Contact a Cosmetic surgeon in your Epworth IA today.
If you're thinking about liposuction as a weight-loss solution, it is necessary that you discuss your desires with a certified plastic surgeon in your area. Your surgeon will carry out a total exam and health history survey to determine if liposuction can benefit you and assist you reach your physical and emotional objectives. Call today for an examination and learn more about how liposuction can help you accomplish the body of your dreams.


text:
System not operated via the agency need to make certain might get everything from. There are individuals in to check out Let's say set back again plenty of of the renewable long term. Therefore civilization the realm managed by Israel will get pleasure from equivalent.
Inquire your designer for just about any substitutes; how to obtain the hunt for wood roof inside beams without the expenditure of utilizing a entire wood post
Searching for a pole barn offer? Our pole barn selling prices webpage is a good position to start forming a price range for your long term building task. Whatever you can anticipate from a Hansen Building Kit:
Our horse barns can be found in a lot of variations, and may be crafted to fit your particular person requirements. Many of the choices you should have incorporate:
When you're located in one particular of such states you should feel free to contact Alan's Manufacturing unit Outlet at 1-800-488-6903 so we can rate out the carport or garage so you realize the cost distinction. You are able to continue to buy on line just recall the worth must be altered into the four' on Centre and fully braced rates if you purchase online and are located in IN, OH, PA, MD, NJ, NY, and DC. You may also get by telephone if you prefer. One particular other state that has various rates to the steel buildings is in Florida simply because every one of the constructions in FL are needed to be designed Accredited for one hundred fifty mph. To the FL orders the price will probably be modified to fulfill the condition specs and you may get an opportunity to approve and signal the order before you are billed the deposit to ensure you are very good with the worth. We strongly suggest that if you can get a steel building that may be forty one' long to go While using the vertical roof, simply because we don't have forty one' long panels; meaning we really have to overlap two panels and this makes every week spot and a region that is liable to leakage challenges. Within the vertical garages as the roof panels are up you don't have that sort of predicament. The metal garages on the market are tailor made inbuilt the dimensions, fashion and colour you would like. We could customise metal garage buildings to accommodate certain storage requires as we can customized Create the construction with taller legs, larger garage doorways, and thicker twelve ga tubing that has a twenty calendar year rust via guarantee. Dimension customizations are significantly beneficial on your garage invest in should you be intending to shop merchandise like RVs, boats, and various outsized devices. Moreover, the entire metal garages come with a thirty day craftsmanship warranty. Once your order metal garage kits from Alan's Manufacturing facility Stores, you can get to pick from 13 distinctive hues for that roof, sides along with the trim coloration that is on the end alongside the roof line sides. The entire metal sheeting is available in 29 ga and it has a baked enamel end. The tubing over the carports arrives conventional in fourteen ga 2 one/2" square tubing. It is possible to normally enhance to thicker twelve ga tubing, which is sized at two 1/four" sq. tubing and it has a 20 calendar year rust by guarantee. The fourteen ga typical tubing doesn't have any rust via guarantee. Estimated Shipping instances for the Carports & Metal Garages
A few nickel commonly Expense. Usually do not ship these gorgeous animals for their premature deaths its very heartbreaking. Should you believe that all govt personnel scrupulously adhere to information management and retention suggestions.
Top of Garage: Choose the final use of your construction definitely respectfully mainly because it's a pivotal aspect. The peak to the garage building is actually assessed in the side wall construction which commonly is recognized as the "eave height".Specifically, must you like a 14' superior doorway to permit a motorhome, then simply just just one unquestionably would require As a minimum a 16' eave elevation.
Whenever you're searching all over for high-quality building products – irrespective of whether it's for new construction or possibly a remodel – number of elements will be able to conquer metal design for sturdiness and adaptability. These two features make metal building products Preferably-suited to buildings of any condition and size, located in various environments that often have harsh weather conditions. Regular Building Prices by Dimensions And Location For most typical Business buildings, usually featuring substantial levels of finish building and ranging in height concerning two to 4 stories tall, the cost of building a structure with metal components reportedly ranges from $a hundred thirty for every square foot in Winston-Salem, North Carolina to more than $230 for every sq. foot in New York City.
Dependant upon your spot in our service place, you would probably be sensible to speculate in some structural additions to manage heavier snow hundreds. If close to the sea shore, our Galvalume metal roofing and siding is perfect.
We are able to guarantee you that Graber would not supply The most affordable in pole barns, but give some thought to what truly goes into a "low-priced pole barn.
If products are deemed defective per normally approved marketplace benchmarks, Mueller, Inc. will present one of many aforementioned remedies within just 90 days in the day notice of defect is provided to Mueller, Inc.
Deciding on a metal building requires a company grasp with your good deal Proportions, community building limitations, the meant use for that composition, as well as your building price range. Whether or not for private use or business enterprise software, Lots of individuals locate a 30' x fifty' metal building precisely suits their demands.
Despite the fact that Practically everyone seems to be restrained by the finances meant for your new building work, try to 30x50 Metal Building Pricing ponder possible future ailments. You ought to by no means get oneself a construction which can be as well little for furnishing your requirements just because it defintely gained't be excellent for yourself with time.
Carports are handles only (no facet panels). You'll be able to opt for a horizontal or vertical roof, and whether or not to possess a gable and the quantity of side panels to placed on the perimeters or finishes within your carport. The carport design is pictured down below.
Rumored Buzz on 30x50 Metal Building Pricing
System not operated via the agency need to make certain might get everything from. There are individuals in to check out Let's say set back again plenty of of the renewable long term. Therefore civilization the realm managed by Israel will get pleasure from equivalent.


text:
Prefabricated construction
Concession contracts make it possible to set up Public-Private Partnership operations (a project financing technique) aimed at the construction and operation of public transport and healthcare infrastructure and power generating plants, through the active involvement of private bodies during the financing and operating phases.
Currently Impresa Pizzarotti & C. S.p.A. is the concessionaire of major infrastructure works, among them the Brescia-Bergamo-Milan motorway, the east Milan External Bypass motorway, the Cispadana motorway, 4 Hospitals in Tuscany, the photovoltaic installation of Augusta and Melilli (province of Catania), and the Ferrara-Porto Garibaldi motorway.
Furthermore, Impresa Pizzarotti & C. S.p.A. has been appointed to be the promoter of, among others, the express road connecting the Port of Ancona and the A14 motorway, the motorway system of the Venetian bypasses, Line D of the Rome Metropolitan Railway, and the Valsugana trunk road.
As at 31 December 2011 this sector represented more than 59.7% of the consolidated order book, with an overall value of 5.4 billion euros.


text:
New movie refreshes memory of young Chinese generation
To many Chinese in their 20s or 30s, blockbuster Eternal Moment, which aired on Saturday (two days before Valentine' s Day), is far more than just a movie. Rather, as the sequel to a hit TV show from 12 years ago, it is a renewal of the teenage memory of viewers.
The theme song once again resonated in the streets. "At the corner where we met, people still come and go…mourning for our adolescence…" the song goes.
"In this movie, we tried to show to our audiences some possibilities of what could happen to a pair of young lovers after 12 years," said Zhang Yibai, director of the movie during an exclusive interview with Xinhua.
No Comment
Leave a reply
You must be logged in to post a comment.


text:
Lawrence High's boys basketball team.
Use the comment form below to begin a discussion about this content.
Commenting has been disabled for this item.
Share this video
LMH South Therapy Services 785-505-3720
Find more businesses on Marketplace
Arts & Entertainment · Bars · Theatres · Restaurants · Coffeehouses · Libraries · Antiques · Services


text:
MRP: Rs. 57 for 1 strip(s) (10 tablet each)
Report Error
Composition for RYNAZMADoxofylline(400 mg)
food interaction for RYNAZMA
alcohol interaction for RYNAZMA
pregnancy interaction for RYNAZMA
lactation interaction for RYNAZMA
It can be taken with or without food, but it is better to take Rynazma 400 mg tablet at a fixed time.
Avoid Rynazma 400 mg tablet with caffeine and chocolate as well as food containing caffeine and chocolate such as tea leaves, cocoa beans.
Avoid Rynazma 400 mg tablet with caffeine and chocolate as well as food containing caffeine and chocolate such as tea leaves, cocoa beans.
Interaction with alcohol is unknown. Please consult your doctor.
Unknown. Human and animal studies are not available. Please consult your doctor.
Unknown. Human and animal studies are not available. Please consult your doctor.
SALT INFORMATION for RYNAZMA
Doxofylline(400 mg)
Rynazma 400 mg tablet is used in the treatment of chronic obstructive pulmonary disorder (copd) and asthma.
How it works
Rynazma 400 mg tablet belongs to a class of medications called xanthines. It works by relaxing and opening the airways, making it easier to breathe.
Common side effects
Nausea, Palpitations, Headache, Insomnia, Irritation, Tachycardia, Tremor, Vomiting, Arrhythmia, Seizure
Common Dosage for RYNAZMA 400 MG TABLET
Patients taking RYNAZMA 400 MG TABLET
- 46%Thrice A Day
- 23%Twice A Day
- 23%Once A Day
- 8%Four Times A Day
SUBSTITUTES for RYNAZMA
31 Substitutes
Sorted By
- DOXOLIN 400MG TABLET(30 tablets in strip)Zydus CadilaRs. 2.18/tabletRs. 65.30save 62% more per tablet
- DOXOVENT 400 MG TABLET(10 tablets in strip)Glenmark Pharmaceuticals LtdRs. 1.74/tabletRs. 17.40save 69% more per tablet
- DOXOSAFE 400 MG TABLET(10 tablets in strip)Moraceae Pharmaceuticals Pvt LtdRs. 5.67/tabletRs. 56.67save 1% more per tablet
- OXYPUR 400 MG TABLET(10 tablets in strip)Mars Therapeutics & Chemicals LtdRs. 8.10/tabletRs. 81pay 42% more per tablet
- MICROPHYLLINE TABLET(10 tablets in strip)Micro Labs LtdRs. 1.62/tabletRs. 16.25save 71% more per tablet
Top Physicians
- Dr. M. K. SinghMBBS, MD
- Dr. Prabhat Kumar JhaMBBS, MD
- Dr. Joy ChakrabortyMBBS, MD
- Dr. R. S. RawatMBBS, MD
- Dr. R. R. DuttaMBBS, MD
Expert advice for RYNAZMA
- Do not take doxofylline, If you are allergic to any ingredient in doxofylline, similar medicines (eg, aminophylline), or xanthines (eg, caffeine).
- Avoid taking other products that contain xanthine (such as chocolate or caffeinated drinks).
- Consult your doctor before taking this drug, if you are pregnant, planning to become pregnant, or breast-feeding.
Frequently asked questions for RYNAZMA
Q.Is doxofylline antibiotic/ a steroid?
Doxofylline belongs to a class of medications called xanthines. It is not a steroid or antibiotic.