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United States District Court, D. Massachusetts
January 29, 2015
ADDISON AUTOMATICS, INC., Plaintiff,v.THE NETHERLANDS INSURANCE COMPANY, EXCELSIOR INSURANCE COMPANY, PRECISION ELECTRONIC GLASS, INC., and PHILLIP ROSSI, Defendants.
F. DENNIS SAYLOR, IV, District Judge.
This is an action for declaratory judgment, in which plaintiff Addison Automatics, Inc. seeks a declaration that defendant Netherlands Insurance Company has a duty to defend and indemnify defendant Precision Electronic Glass Company in an action pending in the United States District Court for the Northern District of Illinois.
Plaintiff originally brought this action in Suffolk Superior Court. On September 25, 2014, defendants removed the case to this Court. Plaintiff filed a motion to remand the case to state court on October 27, 2014, contending that defendants did not timely remove this action and the action is not a class action. Plaintiff also requested fees and costs.
For the following reasons, the motion to remand will be granted.
I. Background
A. The Parties
Addison Automatics is an Illinois corporation. (Compl. ¶ 3). Netherlands Insurance Company is a New Hampshire corporation with a principal place of business in Boston, Massachusetts. ( Id. ¶ 4). Excelsior Insurance Company is a New Hampshire corporation with a principal place of business in Boston, Massachusetts. ( Id. ¶ 5). Precision Electronic Glass, Inc. is a New Jersey corporation. ( Id. ¶ 6). Philip Rossi, who is president of Precision, is a citizen of New Jersey. ( Id. ¶ 7).
B. The Underlying Action
On August 13, 2010, Addison brought suit against Precision in Illinois state court, seeking relief on behalf of itself and a class of similarly situated plaintiffs. ( Id. ¶¶ 10-11). In that action, Addison alleged that Precision sent unsolicited junk faxes to Addison and hundreds of others, and asserted claims for violation of the Telephone Consumer Protection Act, commonlaw conversion, and violation of the Illinois Consumer Fraud Act. ( Id. ¶ 12). Netherlands was asked to defend Precision in that action, and it refused. ( Id. ¶¶ 42-43).
That case was removed to the United States District Court for the Northern District of Illinois. On December 14, 2012, the court approved a classwide settlement, and final judgment in the amount of $15, 875, 500 entered against Precision. (Mot. Remand Ex. 1 ¶ M). Precision was ordered to pay $85, 000 for the benefit of the settlement class, and the remaining portion of the judgment was to "be satisfied only through the proceeds of [Precision's] insurance policies." ( Id. ).
C. Present Action
On November 7, 2011, plaintiff filed the complaint in this action in the Suffolk Superior Court. (State Court R. at 4). The complaint alleges that Netherlands issued annual renewal comprehensive general liability and umbrella insurance policies to Precision. (Compl. ¶ 14). Those policies covered periods between March 12, 2005, and March 12, 2008. ( Id. ). Plaintiff contends that those policies offer coverage for damages resulting from property damage and personal and advertising injury. (Compl. ¶ 16). As a result, plaintiff contends that those policies cover damages in the underlying action for damage caused by unsolicited faxes sent by Precision. ( Id. ¶ 37). The complaint alleges that Netherlands has refused to defend and indemnify Precision in the underlying action. ( Id. ¶ 42-43).
On December 23, 2011, while the case was still in state court, Netherlands and Excelsior moved to dismiss the action on grounds of lack of standing and forum non conveniens. (Mot. Remand Ex. 2). On June 28, 2012, the Superior Court denied that motion. ( Id. Ex. 3). On December 7, 2012, Netherlands and Excelsior filed a motion for judgment on the pleadings. ( Id. Ex. 4). Precision responded and cross-moved for judgment on the pleadings. ( Id. Ex. 5). On July 23, 2013, the Superior Court issued an order in which it construed those motions as motions for summary judgment and denied them both. ( Id. Ex. 7).
On April 30, 2014, defendants filed a motion to dismiss pursuant to the decision of the Massachusetts Appeals Court in Ari Weitzner MD PC v. Cynosure, Inc., 85 Mass.App.Ct. 77 (2014). ( Id. Ex. 8). Defendants relied on the recent Seventh Circuit decision in Addison Automatics, Inc. v. Hartford Cas. Ins. Co., 731 F.3d 740 (7th Cir. 2013) as evidence that Addison was serving as a class representative. (Mot. Remand Ex. 8 at 7).[1] On August 26, 2014, the Superior Court denied that motion with the following order: "After review and hearing, this motion is denied. See generally Hazel's Cup and Saucer, LLC v. Around the Globe Travel, Inc ., decided since the hearing on this motion." ( Id. Ex. 10).[2]
On September 25, 2014, pursuant to 28 U.S.C. §§ 1441, 1446, and 1453, Netherlands and Excelsior removed the case to this Court. According to the notice of removal, "[a]lthough the complaint in the Massachusetts Coverage Action is styled as an individual action, a recent ruling by the [c]ourt confirms that it is, in fact, a class action under Mass. R. Civ. P. 23." (Notice of Removal ¶ 3). Netherlands pointed to the August 26, 2014 state-court order as the date when it first ascertained that the case is one that may be removed under the Class Action Fairness Act, 28 U.S.C. § 1332(d). ( Id. ¶¶ 3-5). On October 27, 2014, plaintiff moved to remand the case to state court, contending that defendants did not timely remove this action and the action is not a class action.
II. Analysis
A. Motion to Remand
Under 28 U.S.C. § 1441(a), "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." This Court has jurisdiction, if at all, pursuant to the Class Action Fairness Act, which provides that a class action may be removed to federal court if certain jurisdictional requirements are satisfied. 28 U.S.C. § 1332(d); 28 U.S.C. § 1453 (removal of class actions). For present purposes, there are three such requirements: (1) diversity of citizenship, (2) a proposed class of 100 members or more, and (3) an amount-in-controversy of more than $5 million, exclusive of interest and costs. 28 U.S.C. § 1332(d).
In addition to the jurisdictional requirements, the notice of removal must follow the procedures set forth in 28 U.S.C. § 1446. Among other things, the notice of removal must be timely. 28 U.S.C. § 1446(b). Under 28 U.S.C. § 1446(b)(1), "[t]he notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant...." Pursuant to 28 U.S.C. § 1446(b)(3), "if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may be first ascertained that the case is one which is or has become removable." "Section 1446(b)'s thirty-day clocks are triggered only when the plaintiff's complaint or plaintiff's subsequent paper provides the defendant with sufficient information to easily determine that the matter is removable." Romulus v. CVS Pharmacy, Inc., 770 F.3d 67, 72 (1st Cir. 2014).
Plaintiff has moved to remand this case to state court on the grounds that it is not a class action, and, in any event, it was not timely removed. Defendants oppose the motion to remand, contending that because plaintiff's initial pleading (the complaint) was not filed under Mass. R. Civ. P. 23 as a class action, they "first ascertained" that the case was removable on August 26, 2014, upon receiving a copy of the Superior Court's order. Plaintiff contends that defendants had the necessary information to support its argument for removal (1) at the time this action was filed, (2) at the time judgment entered in the underlying class action in December 2012, or (3) at the latest, by the time defendants moved to dismiss this case for being an improperly filed class action.
Defendants contend that the filing of the complaint did not start the removal clock. In the complaint, plaintiff specifically requested relief "individually and as the representative of a class of similarly-situated persons." (Compl. 7). Although Addison did not specifically mention Rule 23 or file the complaint as a class action, that initial filing provided defendants with information from which it could ascertain the basis on which it contends this case is removable. The complaint attached and referred to the complaint in the underlying litigation, which was a class action. From that information, defendants could determine that diversity exists between Addison and defendants and that Addison was seeking relief not just for itself, but also as a representative of a class of similarly situated persons. The initial civil action cover sheet also provided defendants with the notice of the basis for their notice of removal. (Defs.' Opp. Mot. Remand Ex. 6). In the cover sheet, plaintiff described the case as "a declaratory judgment action relating to insurance coverage. In the underlying case, [p]laintiff has filed a putative class action under the Telephone Consumer Protection Act. Plaintiff believes it and at least 39 others are entitled to the statutory liquidated damages of $1, 500 which [p]laintiff seeks individually and for each TCPA violation. " ( Id. (emphasis added)). Defendants could therefore determine that plaintiff was seeking relief not only as an individual, but also as a representative of a class.
The only element for removal that was possibly missing at the time of the initial complaint was the amount in controversy. In the civil cover sheet, the amount was alleged to be "60, 000.00." However, even if the removal clock did not start with the initial pleading, the clock started by January 2013 when the underlying judgment was included in briefing filed before the Superior Court. At that time, defendants had all the information necessary to ascertain the basis for removal. The underlying judgment made it clear that the amount in controversy was more than $15 million, and confirmed the members of the class that were owed that amount.
Even if those filings did not provide defendants with enough information to ascertain the basis for removal, their knowledge of the Hartford decision certainly did. As defendants themselves contend in their briefing, the Hartford decision is "on facts and circumstances on all fours with this case...." (Opposition Mot. Remand 2). In Hartford, 731 F.3d at 741, the Seventh Circuit determined that although "Addison's complaint stated that it intended to proceed solely in its individual capacity rather than on behalf of the previously certified class... [, ] it has standing to pursue relief against Hartford only as class representative."[3] The court found that removal of Addison's complaint to federal court was proper. Id. Defendants therefore could ascertain the basis for removal at the latest by the time they filed their motion to dismiss based on the Hartford decision.
In defendants' motion to dismiss, filed in the Superior Court on April 30, 2014, they sought dismissal on the basis that "the putative class claim fails as a matter of law." (Mot. Remand Ex. 8 at 3). Defendants cited the Hartford decision as evidence that plaintiff only had standing as a class representative. ( Id. at 4). They therefore had necessarily ascertained the basis for their removal of the action. Rather than remove the action, defendants attempted to dismiss it.
Now that defendants' motion to dismiss has been denied, defendants seek to remove the action, contending that because plaintiff has consistently "insisted that Rule 23 was inapplicable to its case, " the Superior Court's August 26, 2014 order is the first paper that identified this case as a class action that may be removed. No subsequent papers filed by plaintiff identify this action as a class action. In fact, plaintiff continues to insist that this is not a class action, so in that respect nothing has changed. The one-sentence Superior Court opinion cites Hazel Cup & Saucer, LLC v. Around the Globe Travel, Inc., 86 Mass.App.Ct. 164. Although that citation does seem to indicate that Rule 23 is applicable to this case, it is not apparent to the Court why defendants could not have easily ascertained that fact from the complaint, the underlying class action judgment, or the Hartford decision. In fact, defendants identified the Superior Court's order as one that " confirms that [this case] is, in fact, a class action...." (Notice Removal ¶ 3). Furthermore, defendants' motion to dismiss was based on the contention that plaintiff did not comply with Mass. R. Civ. P. 23 because plaintiff's proposed class was not limited to Massachusetts residents. Defendants decided to pursue their motion to dismiss prior to removing. Now that their strategy has not succeeded, they seek to rely on the one-sentence order to toll the clock for removal. Plaintiff's papers have remained consistent and nothing in the Superior Court's one sentence order provided "sufficient information" by which defendants could "easily determine [for the first time] that the matter is removable." Romulus, 770 F.3d at 72.
Accordingly, plaintiff's motion to remand will be granted.
B. Request for Costs and Fees
Plaintiff requested that the Court allow for an award of attorney's fees to plaintiff upon remand. Pursuant to 28 U.S.C. § 1447(c), "[a]n order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal." It is clearly established that "[a]bsent unusual circumstances, attorney's fees should not be awarded under §1447(c) when the removing party has an objectively reasonable basis for removal." Plaintiff contends that defendants lacked an objectively reasonable basis for removal here. The Court disagrees. Accordingly, plaintiff will not be awarded attorney's fees.
V. Conclusion
For the foregoing reasons, plaintiff's motion to remand is GRANTED.
So Ordered.
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This is your resource to discuss support topics with your peers, and learn from each other.
04-21-2011 01:52 PM - edited 04-21-2011 04:10 PM
Well I have had my phone for like 3 months now
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After I have charged my phone I wanted to check my e-mails
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EDIT: Well, now if I turn the screen on you can see it partially because i think a part is lagging or something. And ow yeah when the screen doesn't want to turn on it's the phone is stil functioning. I know this because I made a screenshot when it was off and it came out as normal.
Now I have found out that the laggong and not going on only happens when the phone is open
I cannot connect to my bluetooth in the car for the past week. I keep on getting the error message that
the push server is having some problem. Please help.
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subset: commoncrawl


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BRIDGEPORT - Bridgeport Police Chief Joseph Gaudett confirmed today that four detectives have been removed from street patrol following a deadly shooting Monday night that left one man dead and a woman wounded.
The shooting occurred in the parking lot of the Bayview Shopping Mall on Boston Avenue.
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READ MORE: Connecticut Crime Stories
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Police say the man and woman were told to put down their guns, but didn't comply and instead pointed a gun at the detectives.
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10 CFR 960.3 - Implementation guidelines.
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 960.3 Implementation guidelines.
The guidelines of this subpart establish the procedure and basis for applying the postclosure and the preclosure guidelines of subparts C and D, respectively, to evaluations of the suitability of sites. As may be appropriate during the siting process, this procedure requires consideration of a variety of geohydrologic settings and rock types, regionality, and environmental impacts and consultation with affected States, affected Indian tribes, and Federal agencies.
[49 FR 47752, Dec. 6, 1984, as amended at 66 FR 57334, Nov. 14, 2001]


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Product details
LOT Metrology Promotions on Stylus/Optical Surface Profilers and AFMs Jun 9, 2011
Company details
LOT-QuantumDesign Ltd
1 Mole Business Park
United Kingdom
01372 378822
Fax: 01372 375353
LOT represent some of the top names in Metrology instrumentation such as KLA Tencor and Park Systems. We are currently offering the following promotions for a limited period:-
Park XE-100 - Award-Winning Research-Grade AFM:
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KLA-Tencor D-100 Stylus Surface Profiler
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These are current specification models. Offer only applies in the UK and Ireland and is for a limited period only.
More products from this company
- LOT-QuantumDesign Ltd appointed as distributors for Specim in the UK and Ireland Sep 5, 2016
- VersaLab OptiX Jun 1, 2016
- Sample management heating solutions for in-situ electron microscopy Jun 26, 2014
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- NEW J A Woollam RC2 Dual Rotating Compensator Ellipsometer Apr 8, 2014
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- NEW ILT950 UV Spectroradiometer Jan 14, 2014


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United States District Court, N.D. California, San Jose Division
September 3, 2014
CLEAR-VIEW TECHNOLOGIES, INC., Plaintiff,v.JOHN H. RASNICK, et al., Defendants.
BETH LABSON FREEMAN, District Judge.
Plaintiff brings suit against Defendants, alleging in its First Amended Complaint various claims for tortious interference, unfair competition, and breach of contract, arising from a dispute over an agreement to develop and sell a product called "The BarMaster, " described as an inventory-control system for purveyors of beverages in the hospitality industry.
Defendants seek leave of Court to file an Amended Answer, Statements of Additional Defenses, and Counterclaims (ECF 52), which Plaintiff opposes. (ECF 57) The Court designated this matter as suitable for determination without oral argument, pursuant to Civil Local Rule 7-1(b). After reviewing the papers and governing law, the Court GRANTS Defendants' Motion.
Plaintiff filed its initial Complaint in this action on June 14, 2013. (ECF 1) Following Defendants' initial Answer on September 20, 2013 (ECF 20), the parties stipulated to grant Plaintiff leave to file a First Amended Complaint ("FAC"), which Plaintiff filed on March 19, 2014. (ECF 37) Defendants answered this FAC on April 7, 2014. (ECF 39)
This case was transferred to the undersigned judge on April 17, 2014. On May 14, 2014, at a Case Management Conference, the Court granted Defendants until May 28, 2014 to file a Motion to Amend their Answer. (ECF 50) Defendants timely filed their Motion on that date. (ECF 52) The proposed Amended Answer seeks to add counterclaims arising from a Confidential Agreement which is the subject of the fifth cause of action in the FAC.[1] Plaintiff filed an Opposition to Defendants' Motion for Leave on June 14, 2014. (ECF 58)
1. Rule 16 Governs This Motion
The parties disagree as to whether Rule 15 or Rule 16 governs this Motion for Leave to Amend. Defendants argue that Rule 15 should govern the Motion. Rule 15(a) provides that leave to amend should be "freely given when justice so requires." Plaintiff argues that Rule 16 should be applied here, demanding a heightened "good cause" requirement for any amendment. In support of this argument, Plaintiff cites Judge Davila's prior Case Management Order (ECF 26), issued on January 8, 2014, which permitted amendment only within sixty days of that Order, and stated that "[a]mendments sought after the deadline must comply with Federal Rule of Civil Procedure 16." ( Id. at 1) The Court agrees with Plaintiff, and finds that Rule 16 governs this Motion, as this Court has not altered Judge Davila's Case Management Order. See Zamora v. City of San Francisco, 2013 WL 4529553, at *2 (N.D. Cal. Aug. 26, 2013) (finding that Rule 16's more stringent rules govern attempts to amend "after the deadline set forth in a court's scheduling order"); see also Pierce v. Sprouts Cafe, Inc., 2010 WL 3069312, at *1 (E.D. Cal. Aug. 3, 2010) ("Once the Court has entered a pretrial scheduling order, the standards of Rule 16 rather than Rule 15 govern amendment of the pleadings."). As such, the Court will analyze Defendants' Motion under Rule 16's requirements.
2. Under Rule 16, the Motion Should Be Granted, Because Defendants Have Shown Good Cause for Amendment
Unlike Rule 15(a)'s liberal policy toward amendment, "which focuses on the bad faith of the party seeking to interpose an amendment and the prejudice to the opposing party, " Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), Rule 16's "good cause" standard "primarily considers the diligence of the party seeking amendment." Id .; see also Fed.R.Civ.P. advisory committee's notes (1983 amendments). "If the moving party was not diligent, the inquiry should end." Kuschner v. Nationwide Credit, Inc., 256 F.R.D. 684, 687 (E.D. Cal. 2009) (citing Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002)). A party can show good cause by showing:
(1) that it was diligent in assisting the court in creating a workable Rule 16 order; (2) that its noncompliance with a [R]ule 16 deadline occurred or will not occur, notwithstanding its diligent efforts to comply, because of the development of matters which could not have been reasonably foreseen or anticipated at the time of the Rule 16 scheduling conference; and (3) that it was diligent in seeking amendment of the Rule 16 order, once it became apparent that it could not comply with the order.
Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999).
Contrary to Plaintiff's argument that Defendants have not been diligent in seeking amendment, the record reveals that Defendants have met their burden to show good cause. Plaintiff states that Defendants "have for years known the facts underpinning their proffered amendments and yet elected not to assert claims until now" (Opp. to Mot. for Leave at 6), thus, Plaintiff argues, Defendants have not shown the necessary diligence. The Court disagrees. Diligence should be evaluated in light of the time when this particular Confidential Agreement became the subject of this lawsuit and the promptness, thereafter, of Defendants' proposed amendment.
The record reveals that Plaintiff's initial Complaint did not allege any claims arising out of the Confidential Agreement. On March 19, 2014, Plaintiff filed its FAC, charging breach of the Confidential Agreement in its newly asserted fifth cause of action. (ECF 37) Defendants answered the FAC on April 7, 2014 (ECF 39), and ten days later the case was reassigned to the undersigned. At the Court's first Case Management Conference, held on May 14, 2014, the Court granted Defendants' request for time to file a motion for leave to amend the answer and assert new counterclaims. (ECF 50) Two weeks later, on May 28, 2014, Defendants timely filed the instant Motion. It is notable that Plaintiff obtained leave to file its FAC by stipulation of Defendants ( see ECF 33), but Plaintiff has not chosen to extend to Defendants the same consideration in granting leave to amend the Answer.
On this set of facts, it appears clear to the Court that Defendants acted with diligence in seeking leave to amend their Answer. Regardless of whether they knew of the facts giving rise to their allegations that Plaintiff breached the Confidential Agreement at a prior time, no lack of diligence can be attributed to Defendants' decision to forebear such claims absent assertion of breach of that Agreement by Plaintiff. Once Plaintiff charged Defendants with breach of the Confidential Agreement, it was a mere matter of weeks until Defendants sought leave of Court to file their counterclaims. Based on the foregoing, the Court determines that Defendants have been reasonably diligent in seeking amendment in compliance with Rule 16.
The Court further finds that granting Defendants the opportunity to amend will not prejudice Plaintiff. Discovery in this matter is nascent, and the parties' trial date is nearly a year away. (ECF 50; see also Mot. for Leave at 4-5) Courts have held that a need to reopen or delay discovery "supports a district court's finding of prejudice from a delayed motion to amend, " Lockheed Martin Corp. v. Network Solutions, Inc., 194 F.3d 980, 986 (9th Cir. 1999), but the Court sees no such need in this case. Further, that Plaintiff has based its litigation strategy on a prior Answer ( see Opp. to Mot. for Leave at 9-10), does not in and of itself show prejudice toward Plaintiff. See Burton v. United States, 199 F.R.D. 194, 199 (S.D. W.Va. 2001) (granting leave to amend where discovery had not yet closed, and finding no prejudice, despite the fact that "plaintiffs' counsel ha[d] spent considerable hours preparing his case based on the original answer"). Defendants filed their Answer to the FAC on April 7, 2014, and sought leave to amend on May 28, 2014. (ECF 52) The seven weeks in which Plaintiff may have based its strategic decisions on Defendants' Answer simply does not rise to the level necessary to bar Defendants from amending, for the first time, to assert counterclaims based on the Confidential Agreement in the FAC's fifth cause of action.
Plaintiff finally alleges that Defendants' proposed amendment is "subject to immediate dismissal and therefore futile." (Opp. to Mot. for Leave at 3) Plaintiff contends that it "cannot reasonably be disputed" that Defendants breached the Confidential Agreement in question, and as such, "in light of their anticipatory breach, Defendants are precluded from seeking relief for any purposed breach [by Plaintiff.]" ( Id. )
The Court is unwilling to find that Defendants' counterclaims are "utterly meritless" at this stage. See Collaboration Properties, Inc. v. Tandberg ASA, 2006 WL 2398762, at *3 (rejecting amendment to an answer when the claims were "utterly meritless"). Plaintiff's Opposition cites no case law and only a single statute for their proposition that the counterclaims lack merit. ( See Opp. to Mot. for Leave at 8-9) This minimal analysis, coupled with a blanket assertion that there can be no dispute as to Defendants' breach, is insufficient to prove futility. The proposed counterclaims concern breach of the same Confidential Agreement as does the Plaintiff's newly-asserted fifth cause of action. Determining whether or not such counterclaims are meritless is more appropriately considered through a motion to dismiss or a motion for summary judgment.
Based on the foregoing, the Court finds that Defendants have shown the necessary "good cause" required by Rule 16's more stringent standards for amendment. As such, the Court GRANTS Defendants' Motion for Leave to File an Amended Answer, Statements of Additional Defenses, and Counterclaims. Defendants shall file the Amended Answer on or before September 15, 2014.
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LRC, Inc. About Us


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A cold, abandond playground, to me this says all hope is lost, what was once a joyus place for kids is now dead and gone......meaning Clem will die!
we all know how Telltale like to hint right? Chuck in season 1 = If something were to happen to you......
Jane in season 2 = I dont want to wait around for it to happen to you....
Clem is gunna die, guys.
For those that have not seen this in the flesh - https://www.facebook.com/photo.php?v=890541887626645&set=vb.222549117759262&type=2&theater ( it starts at 1:18 )
Oh, and they said the release date is coming NEXT WEEK? wow, did not expect that. That must mean the episode will be out very soon right? ( LOL tyhey gave us a release date for the realease date! TROLLtale! )Read more >


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Merry Christmas :)
They sang this?! AND 'Bleeding Love'? Not only am I glad that they've won, but I could relate... also because my parents were Vietnamese refugees from the war.
Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.
- Edmund Burke
8w9 sx/so
I dream of fire
Those dreams are tied to a horse that will never tire...
....This fire burns
I realize that nothing's as it seems...
An ENTP/ISTP sent me these in high school; I still don't know his type. And every so often... someone sends me the first song... What?
Aww. That Aqualung song is so good, someone put it on a mix CD for me long, long ago, and I often forget about it. (It was also on the OC at one point I think...)
It's a rainy day, time for Clinic's Distortions.
"I absorb energy like a sponge everywhere I go. It allows me to see the world and my purpose in it." Zak Bagans, Ghost Adventures (INFJ)


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Kidd Summers
14,292pages onAdd New Page
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Kidd Summers is a main character in the movie Lucario and the Mystery of Mew. She is a world famous record setter and is very athletic.
In the movie, Kidd is on a mission to capture the legendary Pokémon Mew to have it lead her into the Tree of Beginning. She soon tags along with Ash, the gang, and Lucario to the Tree of Beginning. She has several outfits. After saving the Tree of Beginning with Ash and co., she decided to keep the truth about the Tree of Beginning a secret from the rest of the world.
On hand
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|Weavile (2x)


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Insidious Chapter 2 Trailer is Creeptacular
June 5, 2013 - If you thought the original Insidious was bone-chilling, wait 'til you see what's in store for Chapter 2!
Once Upon a Time: "The Stable Boy" Review
April 2, 2012 - We finally learn why the Evil Queen hates Snow White, and it's pretty much what you expect.
Black Swan Blu-ray Review
March 30, 2011 - We examine the Blu-ray for signs of Natalie Portman's ballet double. Just kidding. Read on for our actual review.
Wanna See Insidious Tomorrow?
March 28, 2011 - We've partnered with FilmDistrict to bring Insidious, the new horror film from the creators of Saw, to audiences in Hollywood and Chicago Tuesday night. There will also be a Q&A with the filmmakers.
This Year's Oscars: Stunning Snubs
January 25, 2011 - Someone must have invaded the dreams of Academy members and planted the idea of not nominating Christopher Nolan as Best Director. But that isn't the only surprising omission among today's Oscar nominations.
Black Swan Review
November 2, 2010 - Natalie Portman delivers a career-best performance in Darren Aronofsky's stunning psycho-drama about a ballet dancer losing her mind.


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Having unnecessary fat in numerous areas of your body can have a significant influence on your health and self-esteem. While standard weight reduction through exercise and diet is a fantastic method to drop weight in general, even the very best workouts cannot target problem locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time evaluated treatment that is used to get rid of excess fat from particular locations of the body, permitting a specific to form and contour their body to their liking. Is liposuction right for you? Find out now.Pros of Liposuction
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2N implementing an environmental management system
A certification audit of the environmental management system was carried out in our company at the end of June 2015. Having successfully completed the audit, we received the ISO 14001:2004 certification.
We have implemented the environmental management system and are now among the leading global manufacturers who have an environmental protection system in place. This system is applied throughout the company, from product development to the end of the product life cycle. As we perform individual tasks we regularly monitor their impact on the environment. Besides adhering to the valid acts, decrees and regulations on environmental protection, we strive to take steps to prevent pollution and environmental threats.
"As we have implemented the environmental management system, we have set ambitious objectives for further reduction of the negative impact of our company's activities on the environment. We also intend to use our products to increase the positive impact on the environment, particularly in energy management," Zuzana Svitačová, EMS Manager of 2N TELEKOMUNIKACE says. She adds: "The ISO 14001:2004 certification is also important to us for acquiring additional major customers. The certification is often one of the conditions for establishing cooperation."
If the environmental management system implemented according to ISO 14001:2004 is observed, the obtained certificate will remain valid until 15 July 2018. Recertification for the following period will then be carried out.


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Eastwood The Official Tools Sponsor of 2012 Street Rodder Road Tour Car
Last year Street Rodder and Eastwood teamed together for the first annual Eastwood Summer Classic car show. The show was a huge success and it turned out to be one of the largest events the Street Rodder Magazine Road Tour encountered along the way.
Jerry Dixey and the Street Rodder crew were so happy with everything that they invited us to host the kick-off event for their east coast leg of the 2012 tour! We are beginning to plan the details for the 2012 Summer Classic, and we hope to make it larger than last year!
Each year Street Rodder works with sponsors to build a new car for every Road Tour. This year is no different. We are happy to announce that Eastwood has been added as the Official Tool Sponsor for the team at Hollywood Hot Rods building the 2012 car. The theme for this years car is "Building an old car with new parts". They picked a new reproduction '40 Ford Coupe Body from Bob Drake Parts and a custom chassis from FatMan Fabrications for the foundation of this build. They have some cool tricks up their sleeves and we are excited to see how it turns out!
Stay tuned for more details on the Street Rodder Road Tour, the Eastwood Summer Classic, and sneak peaks of the car and what the guys at Hollywood Hot Rods have gotten themselves into!
Eastwood Daily News
- Ever want to see what goes on behind the scenes of some of the largest automotive, motorcycle, and ATV magazines... http://t.co/OSGpQp2t #


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Angel Fest to feature women musicians, support children charities
FAYETTEVILLE–A two-day music festival coming to Fayetteville in two weeks will feature women musicians and will support a handful of charities related to children.
Angel Fest, sponsored by Terra Studios and Creative Communication Workshops, will be held at the Terra Studios Event Center on Saturday and Sunday, Nov. 13-14. Directions and more information about Terra Studios can be found at www.terrastudios.com). Terra Studios is best known for being the original home of the Bluebirds of Happiness.
The event is a benefit for several charities including: CASA (Court Appointed Special Advocates) of Northwest Arkansas; the NWA Children's Shelter; Children's House; the Children's Safety Center; the Children's Advocacy Center, Arkansas Advocates for Children and Families; and the Samaritan Community Center's Snack Pack Program.
During the event, Terra Studios will introduce a new product–"Grace and Gratitude," which are blue and pink glass angels that are specially created to support the above charities. Ten percent of the sales of these angels will go to support these charities.
The schedule for Angel Fest is:
Saturday, Nov. 13
11 a.m. Bryn Bowen Cox, Celtic harp
noon Susan Shore, eclectic folk
1 p.m. Bonnie Turner, jazz
2 p.m. Rochelle Bradshaw, Reggae
3 p.m. the women of Harmonia, eclectic acapella
4 p.m. Leah Spears (Jones & Leah), blues
Sunday, Nov. 14
11 a.m. Pat Fultz (East of Zion,) Americana
noon Jennifer Graham (Tin Pan Alley Cats,) folk
1 p.m. Meagan White, country
2 p.m. Carter Sampson, contemporary
3 p.m. Felicia Hamilton (Rogers Jazz Society), jazz
4 p.m. Candy Lee Long (and the Sweets,) conscious-indie-folk.
Experienced reporter who is now an entrepreneur. Jamie's Notebook offers writing services including press releases, corporate blogging and feature writing.


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(Each sold individually) Geometric and minimalist silver bangle with a twist on the classic style, square band is folded to create a contemporary look. Wear it solo or in pairs, this simple yet sophisticated bangle is the perfect adornment to your wardrobe.
Sterling silver, 18K gold-plated silver or oxidized sterling silver
Small: 2 1/2"
Medium: 3"
Please allow up to 4 weeks for delivery.
Before making a purchase, please be sure to read our return policy.


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This ring is reputed to be Old Pawn. It has two oval and domed Mother of Pearl stones approximate ½" by ¼" in a beautiful sterling silver setting. The scrolling alternates sides and frame each stone and they are beautiful stones. It has a split shank and narrows to a thin band. This piece stands alone and completes a polished finish to fashion.
This ring is in excellent vintage condition; there are no nicks, cracks, or breaks in the stones.
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Mainsail 510
From $299 / night
Description from the manager
Description from the manager
Bedrooms: 2/
Bathrooms: 3/
Sleeps: 4/
Type: Villa
Book this 2 bedroom, 3 bathroom villa in Palmetto Dunes today! A total of 4 people can sleep here comfortably.
Guests can enjoy a hot tub, outdoor grill, and internet access among other amenities offered by this rental.
Travelers are sharing their opinions on this property. It has an overall rating of 5/5 thanks to an average of 5 reviews.
Costs vary, with the average weekly rate as low as $1,195.00 to as high as $1,762.81, depending on travel dates.
The owner last updated the property's calendar today.
About the manager
About the manager
Goode Vacation Rentals
Goode Vacation Rentals
- Response rate: n/a
- Response time: n/a
- Calendar updated: today
Overall rating:
4.4 / 5.0
Proximity to TripAdvisor's Top Palmetto Dunes Attractions
Proximity to TripAdvisor's Top Palmetto Dunes Attractions
Reviews (5)
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09:49 Oct. 8, 2016
Russian long range bomber Tu-22M3 flies during a strike above an undisclosed location in Syria on Sunday, Aug. 14, 2016 (AP Photo)
It appears to be Moscow's biggest military deployment to Syria since March
Russia has built up its forces in Syria since a ceasefire collapsed in late September, sending in troops, planes and advanced missile systems, a Reuters analysis of publicly available tracking data shows.
Read also: Kerry says Putin-Assad deeds should be investigated as war crimes
The data points to a doubling of supply runs by air and sea compared to the nearly two-week period preceding the truce. It appears to be Russia's biggest military deployment to Syria since President Vladimir Putin said in March he would pull out some of his country's forces.
Russia's Defence Ministry did not respond to written questions. A senior air force official, speaking on condition of anonymity, dismissed talk of an increase in supply shipments.
Read also: European Parliament urge Russia and Assad regime to stop shelling civilians
But data collated by Turkish bloggers for their online Bosphorus Naval News project, and reviewed by Reuters, shows reinforcements sent via Russia's "Syrian Express" shipping route from the Black Sea increased throughout September and have peaked in the last week.
The data shows 10 Russian navy ships have gone through the Bosphorus en route to Syria since late September, compared with five in the 13-day period before the truce - from August 27 to September 7.


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Coming Around Again
It's old home week. EJ surfaces alive and well, and running from Stratton and his hired gun. Surprisingly, DiNozzo has a little bit of an issue with her lack of communication for months, not to mention the whole leaving him for dead thing a few months back. But she thought he was a goner! This girl could learn a few things from the NCIS team about assuming the untimely deaths of teammates. Tony and company went all the way to Africa to find Ziva after not hearing from her for months. I think checking Tony for a pulse before taking off would have been a bit easier.
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Is this an outdoor attraction or activity?
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Is this attraction good for couples?
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Does this attraction provide visitors with a taste of the local culture?
Is this attraction exciting, unusual, or risky to visit?
Thanks for helping!
Very amazing view. Nature lake impressing me. With the mountain around the lake, give a very amazing view especially during sunrise and sunset. Nice, clean and fresh air there...
read more
Very amazing view. Nature lake impressing me. With the mountain around the lake, give a very amazing view especially during sunrise and sunset. Nice, clean and fresh air there. Have many Halal restaurant for muslim. You can find a cheap lobster there.
Visited this underrated Lake in Feb 2016.. An hour cruise took us to the lake's center and I was amazed by the historical villages and their history - an outstanding jewel.. enjoyed shopping in their huge bazaar area and eaten lunch using my bare hands.. Rented a bike and strolled the Lake up to the hilltop and the view was...
Great place to chill after the sweltering heat of Indonesia! Carolina Cottages you get dropped off on porch on ferry ride from Parapat. Lots of cheap accommodations to choose from in Tuk Tuk. Restaurants Tuk Tuk and Juanitas are great on main road behind Carolinas. Scooter ride on decent road with minimal traffic to far side island for scenery/ hot...
This is the place suitable for those love outdoor activities, vegetation experience, serenity & green environment. The jungle trekking & cool wind plus awesome view from Simalem Resort is superb place to visit. Have fun & go green...
If you are flying through Silangit Airport (daytime), choose a windows seat on the right side. You will see a gorgeous aerial view of the Lake and the shore area.
From Airport we drove around 30 minutes to Sipinsur, one of Lake Toba sky viewpoints. The view was unreal, very beautiful and grand! The farthest part of the water looks...
Very beautiful scenery,we can cross the lake to the island by boat or speed boat,when we were looking arround the hills evergreen trees made eyes fresh.visit this lake you will get calmness.
The most beautiful lake! This lake is my favourite destination,we can swim,jet skiing,boating etc.Also easy to get an accomodation,Went to The Island by boat could feel the fresh air see arround..unforgetable scenery
Come to this lake you will get calmness
always makes me speechless and want to comeback again and again, perfect place for want a silent place
Summary of my 4 days' trip to Medan/Lake Toba with a local tour guide:
Day 1 - City tour in Medan. Followed by aromatherapy massage at Gandara Spa (1 and a half hrs - Rp300,000 / S$31) - Good
Day 2 - Journey from Medan to Brastagi Highland (2 and a half hrs). Some parts of the road are bumpy....
Beautiful nature landscape, situated quite far from Medan. 5 to 6 hour drive. We travel by avanza, leaving at 10am from Ring Road, we reach about almost 4pm near the jetty. We waited about 1.5 hour for next ferry to Samosir Island. Nothing much to do as the jetty is not a proper establishment. During the travel by car, the...
Is there anyone could give some infos what to do in Medan in three days? I plan to go in November.
Many thanks
I`m going there on April 4 2017, I am afraid about the weather. how is the weather on April usually ?
We will be arriving at Medan Airport around 3.00 p.m, can we travel to Samosir island and reach our hotel the same day ?
On our return our flight is scheduled for 10.00 A.M From Medan Airport, so when we should leave our hotel in Samosir Island in order to be in time for the flight.
An EARLY REPLY will be highly appreciated.
Wanted to know more Lake Toba Festival 2016. Saw it on some site says that its held from 9-16 September 2016. Just want to find out where it would be held and how to get there plus what sort of accommodation arrangement I would need to have or booked (hotels/hostel/homestays etc). The nearest ways to reach the festival area either from Medan or Silangit Airport.
Hi, my 78 year old mother wanted to go to Medan/Lake Toba with a group of friends. She gets motion sickness very very easily and needs the toilet quite often too. i am unable to go with her on this trip so she will pretty much be with people around her age. They will be joining a tour group. I would like to know, how are the road conditions and are there many winding roads? Also i saw from a review that there are no life jackets on the ferry to Samosir Island and the ferry is often overcrowded. My mother cannot swim. Is the journey from Lake Toba to Medan around 4-5 hours? I would really appreciate feedback because I do not want her to go without family members. Many thanks
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Read Reviews
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Our organization system features Luxury-Glide® drawers with removable/adjustable dividers and two mini baskets, Perfect BinsTM door storage that tilts out for easy access and a condiment shelf, so you can keep food organized and easily at hand.
Our ramp-up designer LED lighting is as beautiful as it is functional, keeping the contents clearly visible.
Drawer glides out smoothly and fully extends giving you easy access to what's inside.
Notifies you if there's been a power failure, if a door stays open longer than five minutes and if the interior temperature of the freezer rises above 56 degrees for more than 60 minutes.
Our exclusive limited warranty that includes 3-year coverage on parts and one year on labor.1
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Designed for consistently quiet operation.
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To speak with an Electrolux service representative regarding small kitchen appliances, vacuums, steam cleaners and air cleaners please call (800) 896-9756 Monday-Friday, 9am-8:30pm (est).


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Posted on: June 24, 2016 | Comments | 中文 (Chinese)
Google Translation: اُردو | 中文
The tiger image created by folk artists is not the natural image of a tiger at a specific time and place; it is a surreal, conceptual tiger, a totem which local people believe protects the community. For example, the chubby, short-legged "Loving Tiger" is meant to keep an eye on the kids and play with them. The tiger in "A Tiger Coming Down the Mountain" showing a fierce-looking tiger with his four feet at full length is for safeguarding the residence. They are not tigers in a natural form. In the early 1980s, China National Fine Art Institute invited six elderly women from northern Shaanxi and eastern Gansu to demonstrate paper-cutting in class. When they first arrived, I wanted to show them around Beijing. They wanted to go to Beijing Zoo and see a real tiger, something they had never seen even after cutting paper tigers for a lifetime. They rushed to the tiger mountain and gazed at the real tigers without the blink of an eye. At night, they stayed up all night trying to make paper-cut tigers in various postures from what they saw. However, having never learnt sketch, they didn't do too well, since those are two different art categories after all.
Paper-cut "A Snake Twining 'Round a Rabbit" and "A Coiling Snake" are also patron totem images, not natural snake postures. The image of a coiling snake with its head and tail crossed implies the connection of heaven and earth. Holding a mugwort in the mouth also shows that it is a legendary snake. The rabbit in the middle means that the children are bred and protected by the clan. The first "coiling snake" image was seen on a painted pottery plate unearthed from Taosi Xia-Dynasty (2070 – 1600 BC) cultural relics in Xiangfen, Shanxi; then on the bronze ware from the Zhou Dynasty (1046 – 256 BC). This totem symbol has been passed down from generation to generation for over 5,000 years.
From the transformation of a totem frog, to a frog with a human face, then to humanized fairy "Baby with Coiled Hair", we can see the development in the shaping of this art image. There are two types of "Baby with Coiled Hair" in northern Shaanxi. The patron fairy totem who wears double coils, which sometimes are decorated with two roosters (indicating the sun and the moon); in a standing posture with both arms stretching upward, or holding two roosters in her hands, or one rooster (the sun) and one rabbit (the moon). If she lies on her stomach, it is the "Crawling Baby" on the pillow case. The outline of this fairy with coiled hair is transformed from a totem frog, the first maternal ancestor of Chinese, Nüwa, in an ancient historical fairy tale who made clay figures and started the Chinese nationality. The second type is the "Happy Baby" who is also in a standing posture, wearing a lotus flower in her hair, with both hands drooping by her sides, squatting on her heels as if giving birth. On her feet is a pair of fish. The "Happy Baby" is an art image of the proliferation fairy. Research shows that in primitive society, mothers gave birth in a squatting position.
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Explore Piaf 1915, Piaf French and more!
Édith Piaf (1915 - 1963)
Edith Piaf
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Edith Piaf with Dietrich
edith piaf. What a voice! What a life! She rips my emotions and I don't even speak French! That's the power of music especially under the control of a Piaf!
Edith Piaf, c.1940 by Jean Gabriel Séruzier. S)
Edith Piaf in 1936. Piaf (1915-1963) was a French singer and cultural icon who became widely regarded as France's national popular singer, as well as being one of France's greatest international stars. Her singing reflected her life, with her specialty being ballads, such as "La vie en rose".
Edith Piaf - Non, je ne regrette rien (Officiel) [Live Version]


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Maximize your cabinet space with these beautiful wood pull-out organizers
Designed to be out in their own cabinets, these pull-out organizers bring plenty of storage space to your kitchen. Crafted of baltic birch, the Cascade Series features an open top design for great visibilty and easy access, adjustable middle shelf with fixed top & bottom shelf for stability and soft-close slides for smooth opening & closing action.
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CabinetParts kept me informed when the items shipped and would arrive. Merchandise arrived on time and in good shape. Would definitely use this company again.
Easy purchase, prompt processing and shipping. Hardware supplier (Berenson, not Cabinet Parts) did not do a good job of packaging 17 pulls so 7 arrived dented/scratched (other items 12 appliance pulls and 3 large pull) were properly packaged to avoid dama
Very easy experience. Filled in the form with amounts and was done. Delivery was as expected and everything arrived well packed.
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The Fetish Fantasy Satin Blindfold from Pipedream Products is a beautiful vision deprivation mask featuring elegant satin fabric and ribbon ties. By eliminating your partner's sense of sight, their other senses are heightened for an unforgettable experience. Try some fun fetish play!
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