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...My strategy, as a tutor, is to start with what they find most difficult and introduce a new perspective that could help my students understand the concept better. For instance, if the student learns best by mapping things out and can learn quicker visually, then I alter my teaching to using diff...
2 Subjects: including Japanese, statistics
Houston, TX
...I also teach school and college students, who want to take up Japanese translation jobs. Japanese is a great language with ample of job opportunities especially in the IT sector as well as for students who want to pursue higher studies have in Japan. For more information contact me to get to learn the study schedule and related detailsLevel 2 JLPT, jetro J3, PhD.
3 Subjects: including Japanese, microbiology, genetics
Houston, TX
I am currently a French interpreter (medical, insurance, business etc) having recently worked as the French adjunct instructor at Houston Community College. My experience comes not only from teaching but also having lived abroad. Prior to my work at HCC, I lived in Romilly-sur-Seine in the Champag...
17 Subjects: including Japanese, French, writing, precalculus
Houston, TX
...Instead, each student is expected to read grammar points that I give each week as part of homework, and I answer questions the student may have in the next lesson. Then we do lots of practice for speaking and listening using new vocabularies and grammar points in a textbook as well as a workbook...
12 Subjects: including Japanese, Microsoft Excel, Adobe Photoshop, soccer
Houston, TX
...After graduating Tokyo College of Music, started performing as a singer in Tokyo area. Has been singing for 12 years. Currently teaching at the lessons store.
5 Subjects: including Japanese, piano, music theory, voice (music)
Houston, TX


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265 Members
By joining the group you agree to our terms of use
Alaskan Malamute Insurance UK
Join other Alaskan Malamute owners to get a great deal on pet insurance for your Mal
About this group
Alaskan Malamutes are big dogs who look like wolves, so should be scary. In reality, however, there is nothing at all threatening about them; they are loyal, affectionate and protective of their owners, especially children.
This is not a surprising fact considering that the Mahlemut (a group of Alaskan Inupiat), who first bred these beautiful animals, used them, amongst other things, to 'babysit' their young when the grown-ups went on hunting trips. They were also used as hunting and sled dogs. These days, they are highly popular family pets, with famous owners including funny man actor Robin Williams, film director George Lucas and actress Melissa Gilbert.
Like their closest relative, the Siberian Husky, Mals still portray many of the characteristics of their wolf ancestors and their bark is more of a howl, which sometimes sounds like they are speaking. The Alaskan Malamute is one of the ancient dog breeds, and is genetically different to other dog breeds.
Health issues for Mals include hip and elbow dysplasia, eye problems (especially cataracts), Epilepsy, congenital heart problems and defects, kidney problems and skin disorders.
By joining this group, you can form a pack with other mal owners to get a good deal on pet insurance for your lupine beauty.
265 Members
Not interested but know others who might be?Tell Facebook Friends
Community questions and answers
Think we need more members ! Even with so called discount off, More Than its same price as Pet Pal for same cover !!
Many thanks for this feedback - would you mind letting us know how old your Mal is and how much you were quoted? You are definitely right that getting more people on board will help increase the group's buying power and put us in a stronger position to negotiate better and better offers for the group over time.
How much is lifetime pet insurance for an Alaskan Malamute?
Based on insuring a 3-year old Alaskan Malamute, in an MK postcode. Minimum criteria: £4,000 vet fees cover (£12,000 for More Th>n). Data as at 11 September 2014.
|£26.91 per month
|3/5 Defaqto rating
|£48.84 per month
|5/5 Defaqto rating
|John Lewis Insurance
|£43.25 per month
|5/5 Defaqto rating
|£31.82 per month
|5/5 Defaqto rating
Defaqto has a star ratings system for pet and other types of insurance. "A basic product, with a low level of features and benefits" scores 1 star, while "An excellent product with a comprehensive range of features and benefits" scores 5 stars. Find out more.

subset: commoncrawl


text:
How to Paint Furniture: 19 Upcycled Furniture Projects from DecoArt
Bonus: Get our newsletter & special offers for free. We will not share or sell your email address. View our Privacy Policy
Latest Comments
"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Wooden Slat Scarecrow
We are adding the craft to your Craft Projects.
The project was added to your Craft Projects.
Click here to view your Craft Projects.
You can make your own fall festive door decorations Wooden Slat Scarecrow from Meggan Maravich. Autumn door decorations like this look great with the falling leaves on your lawn, and though this handpainted sign is easy to make out of a simple wood slat, it makes for a professional-looking addition to your homemade wooden yard decorations.
- Loew-Cornell(TM) Woodsies(TM) Wood Slat (sold in packages of six)
- Woodsies(TM) Craft Stick
- Woodsies(TM) Jumbo Craft Stick
- hatch-mark background stamp
- acrylic paints: antique gold, antique white, black, white, jack-o-lantern orange, honey brown
- Sparkle Glaze
- Multi-Purpose Sealer
- sponge roller 1" wash brush
- 1/2" flat brush
- script liner brush
- brown ink pad
- scrap of ribbon
- glue gun and glue sticks
- pink powder blush and sponge dauber
- 12" length of jute for hanging
- Crop-o-Dile, hand drill, or drill press for drilling holes
- permanent black marker
- Use sponge roller to base coat top half of wood slat antique gold; also paint the craft stick antique gold. Base coat the bottom half of the wood slat antique white.
- Use the hatch-mark stamp to make the cross-hatch pattern on the scarecrow: rub the stamp pad over the stamp, and stamp the craft stick (hat brim), the top half of the scarecrow (hat), and the bottom half (the face), each separately.
- Next, shade around the edges of the rectangles and the top half of the craft stick. To do this, dip a 1/2" wash brush into water, then dip one corner into a small puddle of honey brown paint. Drag the brush back and forth on the palette to distribute the paint gradually.
- Secure the hat brim to the hat with the glue gun.
- Paint his face! Blush cheeks with sponge dauber and pink powder blush. Use a stylus or the end of a paintbrush handle to dot the eyes. Thin the black paint with water to an inky consistency, and use the liner brush to paint a mouth on the scarecrow. Use the liner brush and jack-o-lantern orange to add a triangle nose to the scarecrow.
- To make the cute black crow poking up out of the hat brim, paint the jumbo craft stick black. Don't forget to paint the sides. Use the sanding block to sand around the edges of the craft stick.
- Then trim off the end of the craft stick. Dip dot the eyes with white paint, and add smaller black dots over the white dots. Paint the beak with antique gold and a script liner brush. When completely dry, brush on a coat of Sparkle Glaze. Secure the crow to the hat with the glue gun.
- Make two holes in the top corners of the slat scarecrow.Thread one end of the jute through the hole and knot the ends. Thread the other end of the jute through the second hole, creating a hanger.
- Tie a knot with the ribbon scrap and attach to the crow's neck. Use the permanent black marker to outline the hat, hat brim, and face. Outline the crow's beak. Use thinned black paint to make eyebrows and stitch marks on the nose and mouth.
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mulberrygalprinces s
Jul 13, 2016
This is really very cute but to be honest it's a bit more than I want to spend or get into making. I look for simple, inexpensive things to make and after adding up the cost to make this I can buy four times the amount in ready made decorations.its very nice, just not for me.
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text:
From stocking fillers to luxe knitwear, discover that special something for him or her.
Explore standout tuxedos and sharp tailoring for a night that calls for next-level sophistication.
Introducing the Pre-Spring 2017 collection
The edit: BOSS Orange Menswear
The edit: BOSS Orange Womenswear
Introducing the Fall/Winter 2016 collection
The BOSS Green collection
Designed to maximise your performance, explore the new BOSS Orange Fall/Winter Collections
Introducing the Premium Golf Collection
Introducing the players
The Your Suit, Your Way campaign
Shop the dresses
Find out more about the innovative design from HUGO Man
Make this New Year's celebrations unforgettable. Stand out from the crowd in a sharp tuxedo or beautiful dress.
Make an entrance into the party season with our BOSS edit of bold ready-to-wear and accessories.
Celebrate with loved ones in style. Discover relaxed yet perfectly put-together looks.
From tailoring to gift inspiration, everything you need this holiday season.
Learn more
Step out after dark in the BOSS eveningwear collection featuring feminine tuxedo styles and striking dresses for the ultimate night-time event.
From stocking fillers to luxe knitwear, find that something special for him or her.
Getting ready for the holiday season has never been simpler. Discover our range of holiday services including special delivery options to ensure you receive your gifts on time.
Meet the BOSSbots, our two friendly helpers, here to add a touch of magic to your festive season. Assembled from BOSS hardware, these unique characters will help make the festive season unforgettable.


text:
Stella McCartney Kids
Baby Boys Navy Blue Cargo Trousers
$91.50Only a few left! Only a few left! Only a few left! Only a few left! Only 1 left!
Baby boys navy blue, soft cotton cargo trousers by Stella McCartney Kids. They have two button down pockets, elasticated ankle cuffs and waist, with a drawstring tie for a comfortable fit. Fully lined in soft cotton jersey for extra warmth and the designer logo appears on a leather tag at the back.
- Product number 132810
- 98% cotton, 2% elastane (soft, smooth feel)
- Lining: 100% cotton (soft, jersey feel)
- Machine Wash (30*C)
- Elasticated waist & ankle cuffs
- Designer colour name: Midnight
- Style name: Pancake
View More


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Teacher: Kati Harling
Novice sewers of all ages are welcome to learn sewing machine basics while making cute, practical and easy projects. Based on your skill level, Kati will help you choose from recommended projects including a button pillow, tote bag, quilted zipper pouch, and sewing organizer. Number of projects completed is determined by student skill level.
Sign up on Piecemakers website!
$25/one sessions
$75/ four sessions
Sewing machines available for rent.
Refunds are not offered for this Meetup.
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Who We Are
Welcome to 1KFund, where donating is all about real people. We are Africa's Premier Crowdfunding Platform, that uses the power of the people to bring projects and financing together.
How It Works
Donors can contribute to featured projects from the comfort of their homes, leveraging 1KFund's extensive project sourcing and due diligence process.
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text:
Servo Magazine (December 2008)
Taking Control of Your SERVO Tankbot
By Ron Hackett View Digital Edition
As we discussed in the first Tankbot article back in September, the PICAXE servo command generates a continuous pulse-train in the background, suitable for driving the TankBot's servo motors. The complete syntax of the command is "servo, pin, pulse" where "pin" refers to the PICAXE I/O pin to which the servo is connected and "pulse" is a value between 75 and 225 (in 10 µs units). Theoretically, 150 (1,500 µs or 1.5 ms) is the center value that will cause the servo to stop rotating altogether...
December 2008 | SERVO Test Program


text:
Ninja International
Tesaihiryu Ninja
Teaching Ninja:
Ju TaiJutsu
Teach Tesaihiryu Ninjutsu
Copyright 2010 By: Jay Mathis Horne
Smashwords Edition
Always consult a physician prior to starting any physical regimen.
Did you ever find it?
What you were looking for…..?
As a child, this fire wells inside us, it tells us that we have something special planned for our lives.
Did you ever find out what that was?
Or did you let it fade-
And accept yourself as just another somebody?
Book 3


text:
Florence Nightingale OM, RRC (12 May 1820 - 13 August 1910) was a celebrated English nurse, writer and statistician. She came to prominence for her pioneering work in nursing during the Crimean War, where she tended to wounded soldiers. She was dubbed 'The Lady with the Lamp' after her habit of making rounds at night. Nightingale laid the foundation of professional nursing with the establishment, in 1860, of her nursing school at St Thomas' Hospital in London, the first secular nursing school in the world, now part of King's College London. The Nightingale Pledge taken by new nurses was named in her honour, and the annual International Nurses Day is celebrated around the world on her birthday. Florence Nightingale was born into a rich, upper-class, well-connected British family at the Villa Colombaia, near the Porta Romana at Bellosguardo in Florence, Italy, and was named after the city of her birth.
Contributions by 188.8.131.52, 184.108.40.206, and FloNight.


text:
iPad Pro Price + Release Date in Hong Kong
Posted on November 11th, 2015 in iPad, iPad Pro, iPad Pro Hong Kong
Confirmed. Official iPad Pro Pricing strategy (Price) and Release Date in Hong Kong available for reading.
| Apple | Android | China Tech | Foxconn's Factory | Knockoffs | Wt? | China
Posted on November 11th, 2015 in iPad, iPad Pro, iPad Pro Hong Kong
Confirmed. Official iPad Pro Pricing strategy (Price) and Release Date in Hong Kong available for reading.
Posted on September 24th, 2015 in Apple, Apple Store, Apple stores, apps, fake Apple store, iPad, iPhone, MacBook, Mic Gadget Review, photos, price, Unauthorized Apple stores, videos, Zhongshan
Posted on June 30th, 2015 in Foxconn, Foxconn Shenzhen, Foxconn Worker, iPad, iPad 2, iPad Air 3, iPhone 7, workers
iPhone 7 coming in 2015. A you ready for life without iPhone 7? or All-New iPad Air 3? Maybe without Apple Watch? Ha ha.
Posted on June 19th, 2015 in app, Chinese input, evasi0n, iOS, iPad, iPhone, Jailbreak, pirated, United State
Posted on May 20th, 2015 in Apple, Chengdu, factory, Foxconn, Foxconn Chengdu Plant, government, iPad, photos, workers
Posted on August 10th, 2012 in illegal, iPad, iPhone, Organ Transplant
Posted on April 17th, 2012 in all-in-one card reader, Canon, Card Reader, CF, CF card, CompactFlash, dongle, DSLR, iPad, new iPad, Nikon, SD, SD card, the new ipad, USB
Posted on March 28th, 2012 in Foxconn, Foxconn Chengdu Plant, Foxconn Shenzhen, Foxconn Worker, iPad, new iPad, the new ipad, workers
Posted on February 24th, 2012 in Android, Huawei, iPad, lenovo, Tablet, ZTE
Posted on November 30th, 2011 in Apple I, Apple II, iPad, iPad 2, iPad Stand, iPhone, iStation, keyboard, photos, Speaker, speakers, USB, videos, wireless keyboard
» In stock for $85.90 at M.I.C. Store. While stocks last! (SOLD)
You need to watch these two videos first, an ad and a guide.


text:
Bats Exchange lands iShares funds as first listings
Bats Global Markets made an agreement with asset manager BlackRock Inc. to list eight new exchange-traded funds, the first primary listings to be landed by the Kansas City exchange group as it seeks to expand its profile.
The new funds run by BlackRock's iShares unit are linked to indices of international stocks and the first will become available for trading on January 24, according to an announcement by the companies planned for Thursday, a copy of which was reviewed by Dow Jones Newswires.
Winning the listings represents the first success by Bats, a seven-year-old operator of electronic markets, as it aims to compete for share issues against larger and more well-known rivals like the New York Stock Exchange and Nasdaq Stock Market. Those venues battle intensely for the prestige and fees that come from primary listings, and smaller venues historically have found it difficult to gain an edge.
Bats oversees 11% of daily trading in U.S.-listed shares, making it the third-largest stock market operator by volume. The company built its market share through a mix of robust technology and attractive fee schemes aimed at the sophisticated electronic trading firms that now dominate exchange trading.
Its gambit to win listings is similar. Bats has proposed an incentive plan to encourage trading firms to offer more competitive prices in securities listed on its market, and intends to leverage its systems to provide to issuers a clearer idea of why their shares trade the way they do. The exchange group has also positioned itself as a generally lower-cost venue to list shares, compared with Nasdaq and NYSE.
Noel Archard, global head of product management and development for iShares at BlackRock, said Bats' "innovative approach" to the listings business factored into his firm's decision to offer its new products there.
The new ETFs to be listed at BATS are linked to indices run by MSCI Inc., covering shares of countries like Norway, India, Canada and Australia.
Bats, which officially opened its primary listings venue in December, aims to lure initial public offerings and existing company listings alongside structured products like ETFs. But the potential for lower listing fees and improved liquidity for just-launched products is seen as particularly appealing to ETF issuers like iShares.
"It's an extremely cost-competitive world, and wherever you can eke out efficiencies, you're going to explore it," said Paul Justice, who leads ETF research for North America at Morningstar. He estimated that there currently are 1,380 exchange-traded products now competing to draw investor assets, which were estimated to stand at about $1 trillion in the U.S. late last year.
Bats has also been playing on its Midwestern roots to recruit new share issuers. The company maintains a presence in New York and in London but was founded and remains headquartered in Kansas City, where most of its 117 staff work.
There is one initial public offering already slated for Bats -- the company's own, which is seen on track for sometime in 2012. The firm aims to sell shares following its acquisition of Chi-X Europe, a rival London platform for trading European stocks.
-By Jacob Bunge, Dow Jones Newswires; 312 750 4117; firstname.lastname@example.com


text:
Discover great websites, videos, photos, blogs and more. The website contains ability to submit the site to StumbleUpon.
StumbleUpon is profoundly affected by blocking applications. Based on testing of 2 StumbleUpon third party domains against the blockers below.
Find out how badly your site is affected by blockers and what to do about it.


text:
BROOKLYN - Investigators are searching for suspects in a DeKalb Avenue shooting that sent a man to the hospital today. Witnesses say several men hopped out of a white car that was parked along the road and opened fire. The victim, described as a man in his 20s, was shot multiple times. He was taken to Kings County Hospital. Police say they're hoping surveillance video from a nearby bodega will yield some clues. The shooting happened just steps away from a day care center and a few blocks down from a school.
advertisement | advertise on News 12
Social Media
advertisement | advertise on News 12


text:
Icefield Helicopter Tours Canada By Ralph S
Returning from a glacier tour and approaching Abraham Lake for landing at the Cline River Heliport.
Feb 28, 2011
Thrill Seeker, Family Fun, Must-See Spots
Cline River, Alberta
Like this Photo
Suggested Itineraries
Stampedeview details
Enjoy the Stampede and fit in some other Calgary family experiences besides.
Icons & Landmarksview details
Take a tour of Calgary at some of our vintage landmarks, or go straight for the big vistas at attractions like the Calgary Tower and WinSport.
Report this Photo
Is this photo inappropriate? If so, please let us know.Report ImageCancel


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Posted: Monday, October 10, 2016 7:52 PM
looking to give erotic massage. 5'10, 165 lbs, blue/brown and slim to athletic body type with slight body hair. friendly, open, and good with my hands. can travel and host, i have more pics if interested.
• Location: Atlanta
• Post ID: 42678424 atlanta


text: Ok so I by accident tried to jailbreak my iPod 1G today with pwnagetool on my mac which my father appareantly had installed iTunes 8 on. Now Ive tested to restore it several times to 2.0 firmware (normal), it usually works but i get one of the errors. But the iPod works. Then Ive tested with pwned 2.0 firmware and i only get errors and it doesnt succeed to restore with those files. Anyone got any idea? Ive done all this on iTunes 7.7. I deleted all iTunes 8 files with a guide from apples website. I downgraded to 7.5 (iTunes) and tried to restore to 1.1.4 too. Simply didnt work. Seriously thinking if my iPod is bricked. Right after ive restored to 2.0 (yes it works sometimes without errors, just sometimes) it says something about that it cant sync with the datamanagement-base or something like that in swedish on my Mac. It repeats that msg everytime i connect the iPod too. The strange thing is that I dont get that message on my PC. Anyone, thoughts? Help? PS I have gotten a lot more errors than the ones in the topic name Please Register or Log in to view images DS Thank you!


text:
Public Service
Category page
11,409pages onAdd New Page
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This category contains pages relating to services/organisations intended to benefit the general public of a city/state in a GTA game.
Pages in category "Public Service"
" Los Santos Police Headquarters is the main law enforcement structure of the Los Santos Police...
Los Santos Police Headquarters
Media in category "Category:Public Service"
Posted in: Patriot
Posted in: Liberty Sanitation Department
Posted in: Paramedics


text:
Publication date: 14.07.2016
Number of pages: 136
The Little Prince
"The most beautiful things in the world cannot be seen or touched, they are felt with the heart."
After crash-landing in the Sahara Desert, a pilot encounters a little prince who is visiting Earth from his own planet. Their strange and moving meeting illuminates for the aviator many of life's universal truths, as he comes to learn what it means to be human from a child who is not.
Antoine de Saint-Exupéry's delightful The Little Prince has been translated into over 180 languages and sold over 80 million copies. This Macmillan Collector's Library edition features a specially commissioned translation by Ros and Chloe Schwarz, as well as the charming original black and white illustrations by Saint-Exupéry himself. It's a book that will enchant both children and adults alike.
Designed to appeal to the booklover, the Macmillan Collector's Library is a series of beautiful gift editions of much loved classic titles. Macmillan Collector's Library are books to love and treasure.
Antoine De Saint Exupéry, born in Lyon 29 June 1900, was a French writer and aviator. He is best remembered for his novella The Little Prince, and for his books about aviation adventures, including Night Flight (1931) and Wind, Sand and Stars (1939). In 1921 he began his military service and trained as a pilot. He became one of the pioneers of international postal flight. At the outbreak of the Second World War he joined the French Air Force flying reconnaissance missions until the armistice with Germany. Following a spell writing in the United States, he joined the Free French Forces. He went on a mission to collect information on German troop movements in the Rhone valley on 31 July 1944 and was never seen again. His plane disappeared. It was assumed that he was shot down over the Mediterranean. An unidentifiable body wearing French colours was found several days later and buried in Carqueiranne that September.
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text:
I bought this old frame at a garage sale several years ago for $1 and then I pressed a fern between several pages of newspaper and weighted it with books. When completely dry, I mounted it with sewing thread onto some mat board and inserted in frame. This particular frame has a convex glass but you would not need that because the fern lies flat. Makes a very inexpensive addition to an arrangement.
By Laniegirl from IA
That really has a lot of charm! I like it a lot! It would really work well with my decorating scheme!
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
New Album Releases: Feb 15th 2011
Posted at 3:45pm, 2/14/2011
Our new album release list for the coming week goes up every Monday. Check out what's dropping February 15th, grab mp3s and catch up on what you missed from previous weeks.
Tuesday, February 15th:
Asobi Seksu: Fluorescence [ *new* mp3 ]
Bart Davenport: Searching for Bart Davenport [ *new* mp3 ]
Beans: End It All [ *new* mp3 ]
Bright Eyes: The People's Key [ mp3 ]
The Dears: Degeneration Street [ mp3 ]
Drive-By Truckers: Go-Go Boots [ mp3 ]
East River Pipe: We Live in Rented Room [ *new* mp3 ]
La Sera: La Sera [ *new* mp3 ]
Mogwai: Hardcore Will Never die But You Will [ *new* mp3 ]
Rodrigo y Gabriela: Live in Japan [ mp3 ]
Shugo Tokumaru: Port Entropy [ *new* mp3 ]


text:
Stick Stunt Biker 2 3 stars level 4 - 3 Tips and Strategies
- App name: Stick Stunt Biker 2
- Developer: Djinnworks
- Genre: Racing
- Release: May 1, 2013
If you are stuck on Stick Stunt Biker 2 3 stars level 4 - 3 you came to the right place. Below you will find a video walkthrough and some written tips that will guide you through that level. Have fun and enjoy this great game.
3 stars level 4 - 3 Walkthrough
This page contains Stick Stunt Biker 2 video walkthroughs for iOS (iPhone/iPad) called "walkthrough - level 4 - 3 stars" and has been uploaded on kamcordgameplays official channel at May 3, 2013.
Still need help with this level? Here you can ask questions and discuss with other Stick Stunt Biker 2 users.
Hit like if this helped you!
Stuck on some levels in Stick Stunt Biker 2? This walkthrough can help you finish the game.


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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March 16, 2009
CLAUDIA GROSSO, A.K.A. CLAUDIA GERSHENSON, INDIVIDUALLY, ADAM D. GERSHENSON, MELISSA L. GERSHENSON, AND SPENCER T. GERSHENSON, INDIVIDUALLY AND AS BENEFICIARIES, PLAINTIFFS,v.DEBORAH RADICE, IN HER INDIVIDUAL CAPACITY, DEFENDANT.
On August 28, 2007, Plaintiffs Claudia Grosso ("Grosso"), Adam D. Gershenson ("Adam"), Melissa T. Gershenson ("Melissa"), and Spencer T. Gershenson ("Spencer") ("collectively, "Plaintiffs") commenced this action against Deborah Radice, in her individual capacity ("Radice" or "Defendant"), alleging breach of contract and breach of fiduciary duty. Pending before the Court is Defendant's motion for summary judgment, Plaintiffs' motion for partial summary judgment on the breach of contract claim, Plaintiffs' motion for a stay, and Plaintiffs' motions for sanctions. For the reasons stated below, Defendant's motion for summary judgment is GRANTED in part and DENIED in part, Plaintiffs' motion for summary judgment is DENIED, Plaintiffs' motion for sanctions is DENIED, and Plaintiffs' motion for a stay is DENIED.
I. Facts
The following facts are taken from the Parties' 56.1 Statements and Counter-Statements and the exhibits attached thereto. Although the Parties agree on very little, the following facts are undisputed unless otherwise noted.
Grosso is the ex-wife of Ira Gershenson ("Decedent"), who passed away on April 25, 2003. (Def.'s R. 56.1 Stmt ¶¶ 2, 22). Adam, Melissa, and Spencer are Grosso and the Decedent's children. (Id.) Defendant Radice is Decedent's daughter and Grosso's step-daughter. (Id. ¶ 3.)
Pursuant to the divorce decree between the Decedent and Grosso, the Decedent was required to provide an $80,000.00 insurance policy on behalf of Adam, Melissa, and Spencer (hereinafter, the "Insurance Policy"). (Id. ¶ 16.) At some point, the Decedent allowed the life insurance policy to lapse. (Id. ¶ 18.) In May of 2003, Radice made a payment to Grosso in the amount of $341.84 from Radice's personal checking account. (Pls.' R. 56.1 Stmt ¶ 5). Radice sent Grosso a letter with the check (the "May 2003 letter"), which stated,
This check is an advance on the $80,000 to which we have agreed you are entitled to receive from my father's estate. The $80,000.00 is in lieu of the life insurance policy that my father was ordered to maintain, for the benefit of Adam, Melissa, and Spencer, in your divorce decree and which he had allowed to lapse. The $341.84 will be deducted [from] the $80,000 once the estate is settled. Deposit of this check constitutes your agreement to the terms set forth above. (Id. ¶ 6.)
Radice was the named Executrix in the Decedent's Last Will and Testament (hereinafter, the "Will"). (Def.'s R. 56.1 Stmt ¶ 4.) The Decedent's Will required Radice, as the Executrix, to pay Adam, Melissa, and Spencer the proceeds of an Individual Retirement Account held at Maspeth Federal Savings Bank (the "Retirement Account"). (Id. ¶ 15.) However, the Retirement Account no longer existed at the time of the Decedent's death. (Id.)
II. State Court Action
In July of 2004, Plaintiffs filed an action against Defendant in the Supreme Court for the State of New York, County of Nassau (the "State Court Action").*fn1 In the State Court Action, Plaintiffs sued Defendant in her capacity as Executrix of the Decedent's estate, Custodian of the Uniform Gift to Minors Account ("UGMA") for the benefit of Spencer, "Attorney-in-Fact" for the Decedent, and as Custodian/Trustee of other accounts for Adam and Melissa, and in her individual capacity. The Honorable F. Dana Winslow dismissed Plaintiffs' actions against Defendant in her capacity as Executrix on the grounds that Defendant was never appointed as Executrix because there was nothing left in the Decedent's estate to probate, and thus Defendant could not be sued in her capacity as Executrix. Justice Winslow dismissed the claims against Defendant in her personal capacity, in her capacities as Custodian/Trustee for other accounts on behalf of Adam and Melissa, and as attorney-in-fact for the Decedent for lack of personal jurisdiction. Finally, Justice Winslow dismissed Plaintiff's claims against Defendant in her capacity as Custodian of the UGMA account for the benefit of Spencer for failure to state a claim. Plaintiffs' state court complaint alleged that Defendant breached a fiduciary duty to Spencer by allegedly failing to roll-over funds in one or more of the Decedent's accounts into Spencer's UGMA account. Justice Winslow held that Plaintiffs failed to allege the standard of care against which the conduct of the defendant is to be measured, the defendant's failure to conform to the applicable standard of care in the management of the UGMA assets and a proximate causal relation between the defendant's deviation from the applicable standard of care and the loss suffered by the plaintiff.
Grosso v. Estate of Ira Gershenson, et al., Index No. 009437/04, at 13 (N.Y. Sup. Ct. Jan. 17, 2005).
The Appellate Division of the State of New York, Second Department, affirmed. See Grosso v. Estate of Gershenson, 822 N.Y.S.2d 150 (N.Y. App. Div. 2d Dep't 2006).
I. Standard of Review on Summary Judgment
"Summary judgment is appropriate where there is no genuine dispute concerning any material facts, and where the moving party is entitled to judgment as a matter of law." Harvis Trien & Beck, P.C. v. Fed. Home Loan Mortgage Corp. (In re Blackwood Assocs., L.P.), 153 F.3d 61, 67 (2d Cir. 1998) (citing Fed. R. Civ. P. 56(c)); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed. 2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed. 2d 202 (1986).
"The burden of showing the absence of any genuine dispute as to a material fact rests on the party seeking summary judgment." McLee v. Chrysler Corp., 109 F.3d 130, 134 (2d Cir. 1997); see also Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed. 2d 142 (1970). "In assessing the record to determine whether there is a genuine issue to be tried as to any material fact, the court is required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought." McLee, 109 F.3d at 134.
"Although the moving party bears the initial burden of establishing that there are no genuine issues of material fact, once such a showing is made, the non-movant must 'set forth specific facts showing that there is a genuine issue for trial.'" Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir. 2000) (quoting Anderson, 477 U.S. at 256). "Mere conclusory allegations or denials will not suffice." William v. Smith, 781 F.2d 319, 323 (2d Cir. 1986). Indeed, when a motion for summary judgment is made, it is time to "to put up or shut up. . . . [U]nsupported allegations do not create a material issue of fact." Weinstock, 224 F.3d at 41 (internal citations omitted).
II. Defendant's Motion for Summary Judgment
Defendant argues that she is entitled to summary judgment because Plaintiffs' Complaint is barred by res judicata, collateral estoppel, the Rooker-Feldman doctrine, accord and satisfaction, the statute of limitations, the probate exception, and the domestic relations exception. Defendant additionally argues that Plaintiff cannot maintain her action for breach of contract because no valid contract existed between Grosso and Defendant.
A. Res Judicata
The doctrine of res judicata prevents a party from relitigating issues in a subsequent litigation that were or could have been brought in a prior action. Allen v. McCurry, 449 U.S. 90, 94, 101 S.Ct. 411, 66 L . Ed. 2d 308 (1980). "When a court of competent jurisdiction has entered a final judgment on the merits of a cause of action, the parties to the suit and their privies are thereafter bound 'not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.'" Tarka v. Time, Inc. Magazine Co., No. 90-CV-5348, 1991 U.S. Dist. LEXIS 343, at *13 (S.D.N.Y. Jan. 10, 1991) (quoting Commissioner v. Sunnen, 333 U.S. 591, 597, 68 S.Ct. 715, 92 L.Ed. 898 (1948)).
The doctrine of res judicata applies if "(1) there is a previous adjudication on the merits; (2) the previous action involved [defendant] or its privy; and (3) the claims involved were or could have been raised in the previous action." Whelton v. Educ. Credit Mgmt. Corp., 432 F.3d 150, 155 (2d Cir. 2005) (citing Monahan v. N. Y. City Dep't of Corr., 214 F.3d 275, 284-85 (2d Cir. 2000)).
Although the pending Complaint is very similar to the State Court Action, res judicata is inapplicable because there was no final judgment in the State Court Action against Defendant in her personal capacity. Justice Winslow dismissed the claims against Defendant in her individual capacity because Plaintiffs failed to establish personal jurisdiction over Defendant. "[A] dismissal for lack of personal jurisdiction is not a final judgment on the merits." Barrett v. Tema Dev. (1988), Inc., 463 F. Supp. 2d 423, 427 (S.D.N.Y. 2006). Accordingly, Plaintiffs' current Complaint, which names Defendant solely in her individual capacity, is not barred by res judicata.*fn2
B. Collateral Estoppel
The doctrine of collateral estoppel applies when "(1) the issues in both proceedings are identical, (2) the issue in the prior proceeding was 'actually litigated and actually decided,' (3) there was 'a full and fair opportunity for litigation in the prior proceeding,' and (4) the issues previously litigated were 'necessary to support a valid and final judgment on the merits.'" Ali v. Mukasey, 529 F.3d 478, 489 (2d Cir. 2008) (quoting Gelb v. Royal Globe Ins. Co., 798 F.2d 38, 44 (2d Cir. 1986)).
Defendant argues that collateral estoppel bars Plaintiffs' claims in this case. Inexplicably, Defendant does not explain which claims or arguments are barred by collateral estoppel, and does not cite to any cases in support of this argument.*fn3
The Court finds that Plaintiffs' sixth and eighth causes of action for breach of fiduciary duty are barred by collateral estoppel. Plaintiffs' sixth cause of action in her federal Complaint alleges that Defendant, in her personal capacity, breached a fiduciary duty owed to Adam by allegedly failing to roll over $81,377.01 of the Decedent's Tax Deferred Annuity Account ("TDA") into Adam's UGMA account.*fn4 The eighth cause of action is essentially identical to the sixth, and seeks a "surcharge" and interest on $81,377.01 allegedly owed to Adam.
The third cause of action in Plaintiffs' State Court Complaint alleged that Defendant, in her capacity as custodian of the UGMA account, breached a fiduciary duty owed to Spencer by failing to roll over the funds in the Decedent's TDA account. Although there are minor differences in the wording of the claim in federal court, and that filed in the State Court Action, the issues in both claims are essentially identical. The fact that Defendant is now sued in her "personal capacity" on behalf of Adam, as opposed to her capacity as custodian of the UGMA account on behalf of Spencer, does not salvage Plaintiffs' claim. The issue is the same; whether Defendant failed to uphold her duties to the children as the custodian of their UGMA account by failing to roll over the TDA funds. It cannot be held that Defendant, in her personal capacity, breached her fiduciary duty to Adam in federal court, while Defendant, in her capacity as custodian, did not breach her fiduciary duty to Spencer in state court for the exact same action, i.e., failure to roll over funds in the Decedent's TDA account into the children's UGMA account.
In the State Court Action, Justice Winslow dismissed Plaintiffs' breach of fiduciary duty claim because Plaintiffs had not shown how Defendant "failed to conform to the applicable standard of care in the management of the UGMA assets and a proximate causal relation between the defendant's deviation from the applicable standard of care and the loss suffered by plaintiff." Plaintiffs attempt to circumvent Justice Winslow's ruling by rearguing a nearly-identical fiduciary duty claim, albeit this time against Defendant in her "personal capacity" and on behalf of Adam, rather than Spencer.
In order to establish that Defendant, in her "personal capacity," breached a fiduciary duty to Adam, Plaintiffs would first have to establish that Defendant had a fiduciary duty to Adam. Plaintiffs' allegations of a fiduciary duty are necessarily based upon Defendant's role as custodian of Adam's UGMA account, and Plaintiff's duties to Adam as custodian of Adam's UGMA account are the same as her duties to Spencer as custodian of Spencer's UGMA account. The issue of whether Defendant, in her personal capacity, breached a fiduciary duty to Adam by failing to roll over the TDA funds is identical to whether Defendant, in her capacity as custodian of the UGMA account, breached a fiduciary duty to Spencer. This issue has already been decided in the previous action, where, after a full and fair opportunity for litigation, Justice Winslow found that Plaintiff failed to state a cause of action for breach of fiduciary duty based upon Defendant's alleged failure to roll over the TDA funds. Thus, Plaintiffs' rehashed breach of fiduciary duty against Defendant based upon Defendant's failure to roll over the TDA funds is barred by collateral estoppel.
The Court therefore GRANTS summary judgment to Defendant on Plaintiffs' sixth through eighth causes of action. None of Plaintiffs' remaining claims are barred by collateral estoppel because there was no final judgment on the merits in the State Court Action on any of Plaintiffs' remaining claims. See Four Star Capital Corp. v. Nynex Corp., No. 93-CV-3706, 1993 U.S. Dist. LEXIS 12451, at *6 (S.D.N.Y. Sept. 8, 1993) (finding that collateral estoppel should not be applied because the former decision "that personal jurisdiction was lacking [did] not constitute a valid and final judgment on the merits.") (internal quotations omitted).
C. The Probate Exception
The "'probate exception' is an historical aspect of federal jurisdiction that holds 'probate matters' are excepted from the scope of federal diversity jurisdiction." Lefkowitz v. Bank of N.Y., 528 F.3d 102, 105 (2d Cir. N.Y. 2007) (citing Marshall v. Marshall, 547 U.S. 293, 126 S.Ct. 1735, 1746, 164 L.Ed. 2d 480 (2006)). The Supreme Court recently clarified that the exception is limited in scope, and only applies to reserve "to state probate courts the probate or annulment of a will and the administration of a decedent's estate; it also precludes federal courts from endeavoring to dispose of property that is in the custody of a state probate court. But it does not bar federal courts from adjudicating matters outside those confines and otherwise within federal jurisdiction." Marshall, 547 U.S. at 312.
Marshal reversed the Ninth Circuit Court of Appeal's holding that it did not have jurisdiction over a petitioner's tortious interference claim. The petitioner alleged that her stepson tortiously interfered with a gift that the petitioner's late husband intended to make prior to his death. Petitioner's step-son argued that the tortious interference claim could only be heard in the ongoing probate court proceedings. The Supreme Court explained that probate exception did not apply to the petitioner's tortious interference claim because the petitioner merely sought "an in personam judgment against [the Defendant]", her claim did not "involve the administration of an estate, the probate of a will, or any other purely probate matter" and the petitioner did not "seek to reach a res in the custody of a state court." Marshall, 547 U.S. at 312 (internal citations and quotations omitted).
Defendant argues that the probate exception bars Plaintiffs' claims. The Court finds that Plaintiffs' causes of action for breach of fiduciary duty and breach of contract are not barred by the probate exception. These claims seek damages from Defendant individually for alleged wrongs that are separate from and do not involve the administration of estate assets. See Lefkowitz v. Bank of N.Y., 528 F.3d 102, 108 (2d Cir. N.Y. 2007) ("The probate exception can no longer be used to dismiss 'widely recognized tort[s]' such as breach of fiduciary duty or fraudulent misrepresentation merely because the issues intertwine with claims proceeding in state court.") (quoting Marshall, 126 S.Ct. at 1748).
D. Plaintiffs' Breach of Contract Claim Fails
Plaintiffs' first cause of action alleges that Defendant breached a contract by failing to pay Grosso the $80,000.00 owed to Grosso by the Decedent. Plaintiff argues that Defendant Radice acknowledged the Decedent's personal obligation to obtain an $80,000.00 life insurance policy for the benefit of the three children, and personally agreed to pay the Decedent's debt. As support for this claim, Plaintiff cites to Defendant's May 2003 letter to Grosso, wherein Defendant encloses a check for $341.84 and states, "[t]his check is an advance on the $80,000 to which we have agreed you are entitled to receive from my father's estate." Grosso maintains that the letter memorializes Defendant's agreement to pay her father's debt personally in consideration for Grosso's promise to refrain from suing Defendant for the $80,000.00.
Both Plaintiffs and Defendant move for summary judgment on the breach of contract claim. Defendant argues that she is entitled to summary judgment because she did not enter into an agreement to assume financial responsibility for the Decedent's debt. Defendant argues that her May 2003 letter merely acknowledged her father's debt and indicated that Grosso was entitled to receive the $80,000.00 from the Decedent's estate; the letter did not constitute a promise by Defendant to assume the debt personally.
"To sustain a claim for breach of contract under New York law, a plaintiff must demonstrate: 1) the existence of an agreement, 2) adequate performance of the contract by the plaintiff, 3) breach of contract by the defendants, and 4) damages. Diversified Carting, Inc. v. City of New York, No. 04-CV-9507, 2006 U.S. Dist. LEXIS 1701, at *17 (S.D.N.Y. Jan. 20, 2006) (internal quotations omitted).
Plaintiffs' breach of contract claim fails because Plaintiffs have not proven the fundamental tenet of a breach of contract claim: the existence of an agreement. The Court has reviewed Plaintiffs' arguments, the May 2003 letter, and Plaintiffs' remaining exhibits, and has not found any support for Plaintiffs' claim that Defendant agreed to assume her father's debt. It is clear to the Court that Defendant's letter only acknowledges that the Decedent had a personal debt to Grosso; there is absolutely no promise made by Defendant to pay this debt from her personal funds. To the extent that Plaintiffs construed the letter as an offer to assume such debt, this clearly was not Defendant's intent, and as such, the agreement fails for lack of mutual assent. "Interwoven in the analysis of the offer and the acceptance is the requirement of mutual assent, which considers whether there has been a meeting of the minds between the parties on all essential terms of the agreement." Ostman v. St. John's Episcopal Hosp., 918 F. Supp. 635, 643 (E.D.N.Y. 1996).
In addition to the lack of an agreement, Plaintiffs have also failed to show the existence of consideration. It is textbook law that consideration is required for an agreement to be valid. See I. & I. Holding Corp. v. Gainsburg, 276 N.Y. 427, 433, 12 N.E.2d 532, 534 (1934) ("[U]nder our law, there must be consideration in contracts in order to make them valid.). Grosso argues that in consideration for the alleged contract, Grosso promised not to file suit against Radice. While it is true that "forbearance to assert a colorable legal claim constitutes sufficient consideration to support a contract," Sharon Steel Corp. v. Chase Manhattan Bank, N.A., 521 F. Supp. 104, 111 (S.D.N.Y. 1981), aff'd 691 F.2d 1039 (2d Cir. 1982), Grosso has failed to show that she promised to forebear from filing suit for a definite time, or that Defendant accepted this consideration.
The Court finds that the parties did not have an agreement wherein Defendant would personally assume her father's debt, and therefore DENIES Plaintiffs' motion for partial summary judgment and GRANTS summary judgment to Defendant on this claim.
E. Plaintiffs' Breach of Fiduciary Duty Claims Seeking Monetary Relief are Barred by the Statute of Limitations
In her motion for summary judgment, Defendant argues that a three-year statute of limitations bars Plaintiffs' breach of fiduciary duty claims. In response, Plaintiffs argue that a six-year statute of limitations applies to her claims, and thus her claims are not barred. Inexplicably, Defendant does not respond to this argument whatsoever in her reply papers.
"[M]onetary claims for a breach of fiduciary duty under New York law [are] governed by the three year statute of limitations set forth in CPLR 214(4)." Sferra v. Mathew, 103 F. Supp. 2d 617, 620 (E.D.N.Y. 2000) (citing The Independent Order of Foresters v. Donald, Lufkin & Jenrette, Inc., 157 F.3d 933, 942 (2d Cir. 1998)). The statute of limitations begins to run when a plaintiff knew or should have known of the facts underlying the breach of fiduciary duty claim.
Plaintiffs state in their opposing papers that they knew the facts underlying the breach of fiduciary duty claims on June 6, 2003, when Defendant "evinced her repudiation of her administration of her father's estate" by stating that there were no assets remaining in the estate and no basis for probating the Will. (Pls.' Opp. 20-21.) However, Plaintiffs maintain that the breach of fiduciary duty claims are not time-barred because a six-year statute of limitations applies to all of her fiduciary duty claims. Plaintiffs cite to absolutely no binding cases to support this argument; rather, Plaintiffs appear content with citing a New York Law Journal article purportedly discussing a state court case.*fn5 As already noted, "under New York law, a claim for breach of fiduciary duty would be governed by a three-year limitations period if the action sought monetary relief but by a six-year period if the action sought equitable relief." Cooper v. Parsky, 140 F.3d 433, 441 (2d Cir. 1998).
Thus, Plaintiffs' second, fourth, fifth, sixth, eighth, ninth, eleventh, thirteenth, and fifteenth causes of action, which seek monetary damages for Defendant's alleged breach of fiduciary duty, are barred by the statute of limitations.*fn6 By her own admission, Grosso knew the facts underlying her breach of fiduciary duty claims on June 6, 2003. Accordingly, Plaintiffs should have brought the breach of fiduciary claims seeking monetary relief by June 6, 2006.
Plaintiffs' third, seventh, tenth, and twelfth causes of action, which seek an accounting and not damages, are not barred by the statute of limitations. "Equity actions for an accounting based on a breach of fiduciary duty . . . are governed by a six-year limitations period." Loengard v. Santa Fe Industries, Inc., 573 F. Supp. 1355, 1360 (S.D.N.Y. 1983). See also Estate of Albin v. Mertz, 2006 U.S. Dist. LEXIS 15710 (S.D.N.Y. Mar. 15, 2006) ("When only legal damages are sought, the statute of limitations is three years; where the relief sought is equitable in nature, the limitation period is six years."). Likewise, Plaintiffs' fourteenth cause of action, which seeks to enjoin Defendant from paying her legal fees from monies allegedly earmarked for the children, is governed by the six-year statute of limitations, and is not barred.
F. Plaintiffs' Remaining Causes of Action are Not Barred by the Domestic Relations Exception or the Rooker-Feldman Doctrine
Plaintiffs' remaining causes of action seek an accounting for Defendant's alleged breach of fiduciary duty. Although Defendant maintains that these actions are barred by the domestic relations exception, the Court disagrees. Under the domestic relations exception, "divorce, alimony, and child custody decrees" remain outside federal jurisdictional bounds. Marshall v. Marshall, 547 U.S. 293, 308, 126 S.Ct. 1735, 1746, 164 L.Ed. 2d 480, 495 (2006). This exception is based upon a "policy consideration that the states have traditionally adjudicated marital and child custody disputes and therefore have developed competence and expertise in adjudicating such matters, which the federal courts lack." Thomas v. New York City, 814 F. Supp. 1139, 1146 (E.D.N.Y. 1993).
Plaintiffs' claims against Defendant do not arise from a divorce, alimony, or child-custody decree. Although the claims are intertwined with obligations Decedent had to Grosso based upon a settlement of divorce, the claims against Defendant arise from Defendant's alleged role as a fiduciary, and are not based upon the settlement of divorce. The domestic relations exception does not bar Plaintiffs' claims.
The Rooker-Feldman doctrine is also inapplicable. Coalescing the Supreme Court's holdings in District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed. 2d 206 (1983) and Rooker v. Fidelity Trust Co. 263 U.S. 413, 414-17, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923), the Rooker-Feldman doctrine prohibits federal district courts from considering collateral attacks to state court judgments.
There are four requirements for the application of the Rooker-Feldman doctrine: (1) the federal-court plaintiff must have lost in state court; (2) the plaintiff's injuries must be caused by the state court judgment; (3) the plaintiff's claims must invite the district court to review and reject the state court judgment; and (4) the state-court judgment must have been rendered prior to the commencement of the district court proceedings. See Hoblock v. Albany County Bd. of Elections, 422 F.3d 77, 85 (2d Cir. 2005).
Here, although Plaintiffs were the state-court losers, Plaintiffs' injuries are not caused by the judgment in the State Court Action, nor are Plaintiffs asking the Court to review the State Court judgment. Thus, Plaintiffs' claims are not barred by the Rooker-Feldman doctrine.
G. Accord and Satisfaction
Defendant argues that Plaintiffs' Complaint is barred by accord and satisfaction based upon a release Plaintiffs signed. Plaintiffs argue that the release was inapplicable to the claims in this case. The Court rejects Defendant's argument without prejudice because there is no mention of a signed release in the parties' 56.1 Statements. The Court will not address arguments involving underlying facts that have not been addressed whatsoever in the parties' 56.1 Statements. Clearly, if the release is not referred to in the parties' 56.1 Statements, there are unresolved issues of fact with respect to the validity and breadth of the alleged release.
III. Plaintiffs' Motion for a Stay and Numerous Motions for Sanctions
On October 10, 2008, Plaintiffs filed a motion seeking an Order "refusing to recognize, and enjoining the enforcement of" the State Court Action pursuant to Federal Rule of Civil Procedure 60(b), finding that Radice has committed perjury and criminal conspiracy, imposing various sanctions against Radice, and granting Plaintiffs' permission to amend the Complaint. Plaintiffs allege that they recently discovered that Radice acted in conspiracy with Emily Klotz, Esq., Defendant's counsel in the State Court Action, to defraud the state court and deprive Plaintiffs of a fair trial. According to Plaintiffs, Defendant filed a probate proceeding in Surrogate's Court, and then withdrew the proceeding based upon a lack of assets in the Decedent's Estate. Plaintiffs maintain that this somehow evidences a fraud on this Court and contradicts Radice's position that she never sought to probate the estate. Plaintiffs' motion is completely frivolous and is DENIED in its entirely. Plaintiffs have not provided the Court with any basis to allow amendment of the Complaint at this late stage, nor have Plaintiffs convinced the Court to impose sanctions against Radice or hold Radice in contempt. Further, Plaintiffs are advised that Federal Rule of Civil Procedure 60(b) cannot be invoked to ask a federal district court to reconsider an order issued by a state court.
Finally, the Court declines to grants Plaintiffs' numerous requests for sanctions. Rule 11(c) permits a district court to impose sanctions on the attorneys, law firms, or parties who have violated Rule 11(b) of the Federal Rules of Civil Procedure. It is well established that "[t]he decision whether to impose a sanction for a Rule 11(b) violation is . . . committed to the district court's discretion." Perez v. Posse Comitatus, 373 F.3d 321, 325 (2d Cir. 2004). Even where the Court determines the existence of a Rule 11(b) violation, a district court is not required to impose sanctions. See id. Plaintiffs' request for sanctions is baseless.
IV. Future Filings
Plaintiffs' third, seventh, tenth, twelfth, and fourteenth causes of action are remaining in this action. The Court does not suggest that Plaintiffs' remaining claims are viable; however, the Court cannot grant summary judgment based upon the submissions thus far.
It appears to the Court that the parties preliminarily filed their motions for summary judgment prior to engaging in discovery, and thus the parties may not have had an opportunity to obtain sufficient evidence in support of their claims. Thus, the Court will permit the parties to re-move for permission to file summary judgment motions on the remaining claims after the close of discovery.
The Court notes that the parties current filings were largely defective. Both parties made legal arguments in their 56.1 Statements, and failed to limit their statements to purely uncontested factual statements. The parties also cited to facts in the memoranda that were not addressed in their 56.1 Statements. Additionally, both parties submitted lengthy and largely repetitive papers lacking in legal argument and case law, and often failed to respond to the arguments made by opposing counsel. Consequently, the Court was left with the difficult task of deciphering the arguments, and limiting its discussion to only those arguments that are based upon facts addressed in the 56.1 Statements. The parties are warned that future defective filings may be rejected by the Court.
For the reasons stated above, the Court DENIES Plaintiffs' motions for sanctions (Docket Entry Nos. 29 and 30), DENIES in part and GRANTS in part Defendant's motion for summary judgment (Docket Entry No. 36), DENIES Plaintiffs' motion for partial summary judgment (Docket Entry No. 37), and DENIES Plaintiffs' motion to stay, motion to amend, and motion for contempt (Docket Entry No. 54). The Clerk of the Court is directed to terminate Plaintiffs' letter motion to file a sur-reply, as it is mooted by Plaintiffs' letter motion to withdraw her application to file a sur-reply (Docket Entry No. 54). Plaintiffs' letter motion to withdraw her application is GRANTED.
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Brand Manager / Assistant Brand Manager
Dutch Mill Co., Ltd.
jobsDB ref: JTH300003001243533
- Male or Female, Age 25-35 years old, Thai Nationality
- Master Degree in Business Administration or related field
- At least 5 years experience in FMCG marketing
- Good personality and interpersonal Skill
- Strategic, creative and analytical thinking
- Good presentation and leadership skill
Job description
- Plan, develop and direct marketing efforts for a particular brand or product
- Create strategies to take advantage of market opportunities
- Conceptualize strategic initiatives and implement details of a campaign
- Execute strategies with cross-functional teams
- Manage external marketing partners such as advertising & media agencies, digital marketing firms and production companies
- Supervise brand content & manage access to brand assets
- Lead and implement integration of campaigns included above & below the line with brand consistency
- Analyze consumer and market insights by reviewing metrics such as sales volume, market share, profit projections, pricing and distribution, and by conducting consumer research
- Analyze sales data to update a brand, competitor, or category portfolio, determine new products and delete underperforming products
- Work closely with departments such as manufacturing and R&D to consult on package and product as it relates to branding
- Write reports, specifications and creative briefs
jobsDB will send your application for review directly to Dutch Mill Co., Ltd.
About Dutch Mill Co., Ltd.
Dutch Mill Group
During many years in the business, Dutch Mill has proved its strong commitment and ambition in providing the best dairy products in Asia. Established and managed by Thais, the company consistently adheres to human resource development as a catalyst to improved efficiency and enhances competiveness in order to reach its ultimate goal – satisfying customers and standing at the forefront of the global scene. All this is also firmly based on a sense of social responsibility.
Dutch Mill Co., Ltd. was previously registered under the name "Pro Food Co., Ltd." on 27 January 1984. The company was established by a group of food scientists from Kasetsart University wishing good health on Thai people by providing them with premium quality dairy products.
Later on, the first batch of yoghurt was produced, becoming well-known as "Dutch Mill" and distributed by "Pro Mart Co., Ltd."
First Manufacturing at Nakornpratom Dutch Mill enjoyed increasing popularity in a short space of time, prompting the establishment of the company's first factory on Buddhamonton 8 Road. To enhance production capacity and meet increasing demand, the company introduced new product lines, including Dutch Mill pasteurized drinking yoghurt and UHT drinking yoghurt.
Having great success in Bangkok, the company decided to expand to provincial markets through direct sales using what later became well-known as "Dutch Mill ladies", tasked with introducing healthy Dutch Mill products to local customers.
Expand Second Manaufacturing to Nakhon Sawan With continually rapid growth, the company opened its second factory in Nakhon Sawan in 1997 and embraced world-class management tools such as MRPII, SAP, TQM and TPRM to enhance the efficiency and competitiveness of the organization.
Dutch Mill's various products are now exported to many ASEAN countries, including Singapore, China, Brunei, Vietnam, the Philippines, Malaysia, Indonesia, Laos, Cambodia and Burma. The company also plans to soon expand to other parts of the world.
Vision "To be one of the best manufacturing and marketing companies of dairy products in ASEAN"
Mission Dedicate to Excellence
Maximization of Customer Satisfaction
Continuous Improvement
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The Game is flat out wrong when he calls Sean Kingston a dirty snitch … this according to Sean's lawyer, who swears her client never spoke to cops.
This whole beef started when Sean got his $300k chain snatched at an L.A. club — Game insists Sean told cops he was involved, but attorney Michelle Iarusso tells TMZ that's not how it went down.
"At no time did my client bring up The Game during the investigation. In fact, [Sean], to date, has not even spoken to any member of the LAPD regarding this incident." TMZ obtained a copy of the police report … and Game isn't mentioned.
Iarusso is repping Sean in the lawsuit he filed against the club, but says that case is purely about the club's alleged negligence.


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Check in from 15h / Check out prior to 12h
La Quinta Primacy Parkway: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Memphis, United States.
Situated in Memphis, La Quinta Primacy Parkway is within a 20-minute drive of Memphis International Airport and offers free Wi-Fi, a swimming pool and an outdoor heated pool. It provides a spa, as well as laundry facilities, a 24-hour reception and meeting rooms.
Hotel description
Rooms at La Quinta Inn and Suites Memphis Primacy Parkway are comfortable and provide cable/satellite channels, ironing facilities and a flat-screen TV. Each provides its very own bathroom with a private bath or shower.
A satisfying breakfast is prepared every morning at La Quinta Inn and Suites Primacy Parkway Memphis, and there are numerous restaurants and eateries nearby.
Suites Memphis Primacy Parkway provides easy access to Lichterman Nature Center. Graceland and University of Memphis are only an easy drive from the hotel.
Hotel features
Cable / Satellite TV, TV, En suite, Private Bathroom
24 Hour Reception, Conference Room(s), Multilingual Staff, Wake-up Service, Meeting Rooms, Laundry service, Self Laundry
Fitness Room/Gym, Swimming pool, Spa & Wellness Centre
High-speed Internet, Internet Connection (wireless)
Private Toilet, Outdoor heated pool
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Users who viewed La Quinta Primacy Parkway also viewed these 3 stars Memphis hotels:
Homewood Suites by Hilton Memphis-Poplar
5811 Poplar Avenue, Memphis
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Scottish Inn Airport Memphis (Tennessee)
4000 Lamar Ave., Memphis
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Days Inn Memphis at Graceland
3839 Elvis Presley Blvd, Memphis
3839 Elvis Presley Blvd, Memphis
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The Bass Cube 2 differs basically by other devices on the market. A small transportable case fitted with pro gear, power and excellence in sound. A right tool for innovative and experimental bass-players.
Features: 500 W at 8 Ohm digital power amp two-channel high-end bass amplifier for acoustic-, e- and upright- bass 2 way coaxial speaker 12", Neodym magnet 1" compression driver, Neodym magnet digital signal control compression notch filter headphones output, for stereo headphones only weight: 20 kg measures: (W/H/D) 15.75" x 15.75" x 14.37" finish: black !!! 3 years Music Store warranty !!!
!!! 30 days Money Back guarantee !!!
Every month we are giving away a shopping voucher among all submitted reviewers worth 500 EURO!
Congratulations to the winner of August: Etienne Laget, Vaires sur Marne (FR)
The winner from the previous month (July): Wim Rutjens, Tegelen (NL)
You can rate this product if you like. By rating this product you will be automatically entered into our monthly shopping voucher giveaway!


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Tuberculosis, MTB, or TB (short for tubercle bacillus) is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis typically attacks the lungs, but can also affect other parts of the body. It is spread through the air when people who have an active TB infection cough, sneeze, or otherwise transmit their saliva through the air. Most infections are asymptomatic and latent, but about one in ten latent infections eventually progresses to active disease which, if left untreated, kills more than 50% of those so infected. The classic symptoms of active TB infection are a chronic cough with blood-tinged sputum, fever, night sweats, and weight loss (the latter giving rise to the formerly prevalent term 'consumption'). Infection of other organs causes a wide range of symptoms.
Contributions by Petersam, Jfdwolff, and Alex.tan.


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Thecus N4810 NAS review
AMD Radeon Crimson ReLive Edition Driver Overview
Teamgroup T-Force Night Hawk 3000 MHz 16GB Dual Channel DDR4 memory review
Gigabyte GeForce GTX 1050 Ti G1 Gaming OC Review
Contest - Win Special Edition Corsair RM1000i PSU
Watch Dog 2: PC graphics performance benchmark review
Guru3D Rig of the Month - November 2016
Asus X99 DeLuxe II motherboard review
Corsair Crystal 570X PC Chassis Review
Corsair Carbide 270R Review
Guru3D.com » Files » Registry
NVDVD Registry Tweak
Posted by: Import on: 01/31/2004 11:57 PM [ 0 comment(s) ]
NVDVD is DVD playback software for NVIDIA videocards. This registry patch enables a lot of new property options/windows in the software like Karaoke to Bass to DXA options. When you have the software it's at least interesting to look at. Read more
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Definition of DH
Word Frequency
DH politics
abbreviation for
Department of Health
Collins English Dictionary. Copyright © Harper Collins Publishers
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Help needed to maintain rural cemeteries
MINERAL WELLS – In Wood County, there are 340 known small rural cemeteries and about one-third are in need of help from the community to clean, said members of the Wood Rural Cemetery Alliance.
Bob Enoch of the Wood County Historical and Preservation Society said work on those cemeteries began in 2008 when teams were formed to inventory and document cemeteries within each of the county's 10 magisterial districts. Since then the alliance has been made a committee of the historical and preservation society.
In a Tuesday meeting at Mount Pleasant United Methodist Church, the alliance was looking for volunteers to help with the cleanup of the rural cemeteries in the Tygart, Slate and Steele districts.
Enoch said the first phase, locating cemeteries, is nearly complete and the GPS coordinates for each cemetery will be added to the web site for the Wood County Assessor's Office. He said there is a possibility there are more that are overgrown and forgotten.
"We are still in the process of finding old abandoned cemeteries," he said. "Many of these are small family plots with maybe three or four graves."
Enoch said of the 20 cemeteries in Slate District, seven were rated as being in poor or very poor condition.
Paul Bibbee, a committee member, said many cemeteries are unintentionally damaged by people who are timbering or by farm animals wandering into the area. Many times, he said, a cemetery may be discovered when someone finds the corner of a tombstone sticking out of the ground.
"It is delicate work to get the stones out of the ground," he said. "You have to be careful because they are fragile. That's why rubbing on the stones to read names and dates is discouraged today."
Bibbee and Enoch said the alliance would like to find three to four people for each district to coordinate efforts to clean up the small cemeteries.
The cemeteries are usually located on private land and while state law guarantees access to cemeteries, anyone wanting to visit graves, maintain the site, bury a deceased person and conduct genealogy research should contact the landowner first, Enoch said.
A second state law protects the property owner from liability if someone is injured in the cemetery, he said.
Enoch said the job to help clear out an abandoned cemetery is not as hard as it may sound at first.
"There may be a lot to clear and needs to be done three or four times each summer," he said. "It's a feel-good thing; it's good exercise and it is not strenuous work."
Anyone who would like to volunteer to help maintain a cemetery should contact Bibbee at 304-482-1624, Enoch at 304-485-8655 or Evan Frees at 304-489-2745.
The next meeting of the Wood Rural Cemetery Alliance will be at 7 p.m. April 23 at the Parkersburg-Wood County Public Library.


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| facebook |
start date 2013-09-21
Sextravagance is a new concept of partying, where you can have fun, drink, dance and ….. until dawn. Exclusively gay. The next party will be held at private club Nation on Saturday, September 21st. Music by international DJs, plus live shows, go-go dancers, strippers, drag queens, etc. Visit Sextravagance's Facebook page for more details and to get tickets.
High-tech rooms. Near the gay scene.
Great value. Close to Sauna Macho.
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Is Punjab Grill incorrect or missing key business information? Update your Hotfrog listing today.
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Hotfrog INDIA provides information regarding Punjab Grill in Mumbai Punjab. Punjab Grill is located at 24 Juhu Shopping Centre, Vile Parle West, Mumbai Punjab 400056 and provides Restaurants services. Contact them on 022 3852 1511 or by visiting them on their website http://www.lbf.co.in.
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The pictures say it all here. This is a NEVER WORN (unused) stainless steel ROLEX Daytona 116520 dating to 2005. The watch is pristine and complete with all box an papers as new. This watch has the ROLEX cal. 1430 automatic movement. Amazing! $10,950.
Please email us at firstname.lastname@example.com to arrange payment, or if you have questions on this Rolex Daytona 116520 Unused D series.
Bankwire only please. All prices in U.S. Dollars.


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STATE BANK OF TRAVANCORE RTGS HO Branch in KOTTAYAM - Address, IFSC, MICR Code
SBTR0000119MICR Code
P.B.NO.1 PANTHALLOORPARAMBIL BLDGS NEENDOOR P.O. 686601 firstname.lastname@example.com
What is IFSC Code of STATE BANK OF TRAVANCORE situated at NEENDOOR- RTGS-HO?
IFSC Code of STATE BANK OF TRAVANCORE situated at NEENDOOR - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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The COMPLETE Conor McGregor UFC 202 media roundtable video- Mcgregor Diaz 2 In this Conor McGregor vs. Nate Diaz 2 video, the complete ufc 202 conor mcgregor media roundtable video for the mcgregor watch video >>
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Watch Conor McGregor make his way to the Octagon for his battle with Nate Diaz at UFC 202. Thanks for watching! Please subscribe to our channel! We're building a big project on Patreon. We'd love watch video >>
Nate Diaz discusses his UFC 202 loss to Conor McGregor, pre-fight injuries, and his surprise at the judges' decision. Twitter: https://twitter.com/ChampionsFight Facebook: https://www.facebook.com/h watch video >>
Watch the Full Nate Diaz UFC 202 workout for his upcoming rematch against rival, Conor McGregor. Website: http://www.MMAWeekly.com/ Subscribe on Youtube: https://www.youtube.com/subscription_center watch video >>
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Nate Diaz arrives at his UFC 202 after party following his epic rematch with Conor McGregor. watch video >>
Go behind the scenes with the stars of UFC 202 including Conor McGregor and Nate Diaz in this edition of the Thrill and the Agony. watch video >>
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Conor McGregor talks about his UFC 202 main event rematch against Nate Diaz, training leading up to the fight, his future in the UFC's featherweight division, and much more. watch video >>


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Djordje Boskovic Photographer
VelislavaModel Female Sofia, Sofija grad, Bulgaria
My MM URL: http://www.modelmayhem.com/velis
Mayhem # 2293395
About MeHi there!
I am originally from Bulgaria but have traveled a lot in the last 6 years - lived in London for couple of years, then moved to Amsterdam for another couple years.
I am ex synchronized swimmer (5 years Bulgarian national team) but I had to quit when I started traveling around. My current location is Sofia, Bulgaria.
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blink-182 release new video
The only correlations I have to this band relate to a South Korean foreign exchange student I hung out with named Anthony. He was cool. Climbed over bathroom stalls for fun and wanted to get liposuction. He was always singing Blink-182 songs, always. I kept trying to get into this band back in those days. But, I never could.
fags! why does everyone like this band?...they suck kinda. not THAT influential like everyone thinks...
the weakest song on Neighborhoods. they should've released Natives
Digging: The Dear Hunter - Act V: Hymns With The Devil In Confessional
Yeah they could've picked a way better song to make a video for. Not the weakest song IMO, but close.
Digging: Childish Gambino - "Awaken, My Love!"
It's my favourite song on there so far. I only gave the album a 2.5 though. Will check out the video when I can.
Video shows everything they do, except make good music.
song is horrible
are you guys serious this is like the 2nd best song off of neighborhoods
also went to this tour and it fucking ruled so hard
you are such a good man Kris xx
I agree...defo one of the best on the album!
yea Id say this is the best that Neighborhoods has to offer. idk about the video though
Great single choice.
love 'em to bits, but they look like they're getting fat and old in this vid.
Digging: Metallica - Hardwired... to Self-Destruct
Favourite track off the album. Catchy.
Tom looks weird in the video when he's singing...
and I think Natives would have been a much better choice for a single. I liked the video though, and really wish I could have seen the tour :
The song is catchy. It ends there. They should make a video for Kaleidoscope.
even if she falls was the best off this album
They are getting fat and old. Doesn't mean that they can't put on a great live show!
'fags! why does everyone like this band?...they suck kinda. not THAT influential like everyone thinks...'
k thanks
The more I listen to this album, the more I wish they didn't take themselves so seriously anymore.
yeah but if they go back to being immature and stuff they'd be just pathetic, maybe they should call it quits after a few
more tours.
they should quit doe.
i feel old
Blink 182 sucks ass. God when are you people gonna learn?
^^ i like yr troll ratings
Song has the best chorus of the album
They made 2 music vids about their tour in a row.
Not cool.
Song is horrible. Video is terrible.
man they must have like no money
Reminds me of Owl City.
this is one of the better songs on the album
meh. this band's capable of much more than this. Up All Night was heavier than anything they'd done before and sounded like a great new direction. This just sounds like a B-side off the self-titled. Still haven't heard the whole album though.
Good choice on a single, one of the songs I like more as well, agreed Natives would have been sweet. Which songs do they play live? Anybody know?
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