text:
Antonio Nogueira gets asked by a fan at the UFC Melbourne Q&A about Chael Sonnen saying he once fed a bus a carrot. OFFICIAL T-SHIRTS & APPAREL: http://bit.ly/2aH7OoA SUBSCRIBE FOR MORE: http://bit watch video >>
Daniel Cormier out of UFC 206 title fight w/ Anthony Johnson Vitor Belfort gets ready for another run for the title! Tito Ortiz takes shots on Chael Sonnen Cody Garbrandt and Urijah Faber not playing watch video >>
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text:
Event: Javed Akhtar, Yash Chopra, Vinod Khanna, Shaan, Kailesh Kher, Madhur Bhandarkar, Vishal Bhardwaj and many others paid their last tribute to the ghazal maestro Jagjit Singh in Chandanwadi.
Guest List: Javed Akhtar, Vinod Khanna, Madhur Bhandarkar, Raj Babbar, Vishal Bhardwaj, Yash Chopra, Dolly Thakore, Kailash Kher, Laxmikant Kudalkar, Shaan
Date: 11-Oct-2011
Bollywood celebss Varun Dhawan, Sonakshi Sinha, Arjun Kapoor were snapped at Ravi Chopra's house.
Sexy Bollywood actress Sonam Kapoor was snapped at the airport.
Bollywood actress Sonakshi Sinha was snapped at the airport.
Bollywood celebs Ajay Devgn, Arjun Kapoor, Farhan Akhtar, Vishal Dadlani, Shekhar Ravijani, Raj Kundra, Mahesh Bhatt, Sapna Pabbi among others were snapped at the airport.
Bollywood director Farhan Akhtar was snapped at Shankar Mahadevan's studio.

subset: commoncrawl


text:
Red Hat Bugzilla – Bug 241933
case sensitivity bug when doing yum list
Last modified: 2014-01-21 17:58:12 EST
Description of problem:
yum list network\*
finds NetworkManager
yum list networkmanager
results in no output
yum list NetworkManager
finds NetworkManager
as per the irc discussion, this has saomething to do with matching against
the installed db when a wildcard is not used.
Version-Release number of selected component (if applicable):
Expected results:
yum list should be case insensitive even without using wildcards.
fixed in cvs. will be out in yum 3.2.2


text:
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2-year Master in general management + specialisation (Finance, Strategy or Corporate Development), taught fully in English. [+]


text:
Key Content
- OCHA Humanitarian Bulletin | Issue 49 | 28 Nov - 4 Dec 2016
- FEWS NET Sudan: Food Security Outlook Update, October 2016 to May 2017
- UNICEF Sudan Humanitarian Situation Report, October 2016
Appeals & Funding
- Humanitarian Needs Overview 2016 [EN/AR]
- Humanitarian Response Plan, Jan-Dec 2016 [EN/AR]
- Sudan El Niño Mitigation and Preparedness Plan, Feb 2016
- Humanitarian Action for Children 2016
- UNHCR: Revised South Sudan Regional Refugee Response Plan (Jan-Dec 2016)
- Common Humanitarian Fund (CHF) in 2016 PDF XLS
- CHF (Common Humanitarian Fund)
Useful Links
Pledges to the food aid appeal of the governments of Eritrea and Ethiopia for 2003 have reached over 897,000 MT or 47 percent of the total appeal of 1.92 million MT from the two countries. However, the amount is still insufficient to meet the emergency requirements for 2003.
February 2003
Cape Town, South Africa (PANA) -
South African Catholic Bishop Kevin Dowling, known at home and abroad
for his commitment to justice and peace, has been chosen to chair the Sudan
Ecumenical Forum whose advocacy office, Sudan Focal Point, is based in
South Africa.
Sudanese President Omar al-Bashir signed
a decree in February to set up a national commission on international humanitarian
law. The commission's creation is a major step toward effective implementation
of humanitarian law in Sudan, a country that has suffered 19 years of internal
conflict. Its task will be to advise and assist the government in spreading
knowledge of and applying international humanitarian law, and thus meeting
its international obligations.
NAIROBI, 28 February (IRIN) - [Subscribers - please note this version replaces the original story, posted Friday 28 February, which is wrong and has been withdrawn]
United States Agency for International
Bureau for Democracy, Conflict and Humanitarian Assistance
Sida has just decided to allocate nearly EUR 49,1 million for disaster measures in reply to the United Nation's annual requests for aid regarding different countries and regions.
News Article by Xinhua posted on February
28, 2003 at 00:18:49: EST (-5 GMT)
PRETORIA, Feb 27 (AFP) - Peace talks between Sudan's government and a rebel group fighting for self-determination in the south will resume in Nairobi next week, Sudanese Vice President Moses Machar said on Thursday.
News Article by Xinhua posted on February
27, 2003 at 13:15:57: EST (-5 GMT)
JOHANNESBURG, Feb 27, 2003 (Xinhua) -- Improving economic cooperation with South Africa will be high on the agenda once peace is restored in the Sudan, visiting Sudanese Vice President Moses Machar said Thursday.
The ongoing peace negotiations are "very promising" and should result in a truce in a few months, he told reporters in Pretoria after meeting with South African Deputy President Jacob Zuma.
NAIROBI, 27 February (IRIN) - The
Sudanese government has denied the existence of a new rebel group in the
country, which was this week reported to have seized a town in western
KHARTOUM, Feb 26 (AFP) - A newly
formed armed rebel group has seized a provincial capital in the western
Darfur region of Sudan, an area outside the remit of peace talks aimed
at end a 20-year civil war between north and south, Khartoum newspapers
said Wednesday.
News Release Issued by the International Secretariat of Amnesty International
Appeal Number: 6467
Appeal Amount: $80,000
Situation Report
Despite ongoing peace efforts, the people of southern Sudan continue to be caught in a war between the Sudan military and the Sudan Peoples Liberation Movement/Army (SPLA). Of particular concern has been continued aerial bombing by the Sudan government forces; also of concern is ongoing instability in the so-called Eastern Equatoria region, as the government-backed Lord Resistance Army (LRA), a Ugandan rebel movement, has turned against local communities and hundreds were reportedly massacred.
NAIROBI, 25 February (IRIN) - The US government has emphasised its commitment to a peaceful end to Sudan's long running conflict.
NAIROBI - World Vision Sudan will receive $6.675m to combat malaria as part of a five-year grant to Sudan by the Global Fund to fight AIDS, TB and Malaria (GFATM) worth a total of $43m.
Given the scale of the crisis in Africa, provisional estimates from the World Food Programme have raised concerns over being able to meet increased food aid needs in 2003.


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Skip to comments.CNN Anchor Claims Christine ODonnell is Arrogant For Praying Over Campaign
Posted on 10/27/2010 9:05:40 AM PDT by patriotgal71
Conservative Delaware senate candidate Christine ODonnell, a popular target of the mainstream media, was questioned on CNNs American Morning for her statements about faith and prayer in her interview with Christian Broadcasting Network White House Correspondent David Brody. The Christian candidate cited prayer as playing a central role in her campaign, and her comments drew raised eyebrows over at CNN.
(Excerpt) Read more at cultureandmedia.com ...
These media folk are sure obsessed with a campaign that doesn't have a chance and which is irrelevant!
i hope she wins, just to rub it in their faces.
Keep it up, morons.
I love it! Who do those journalist think are listening to them? Christine prays, well thank God!
On another note about prayer and speaking his name. Anyone catch Josh Hamilton (Texas Rangers) on ANY interview he first and foremosts thanks the Lord Jesus Christ. Did it about 5 times when they won the ALS.
The pagan culture we live in thinks it's the height of arrogance for anyone to think that God would adopt someone as his child, seek to have a relationship with them, and invite them to approach him in prayer on a regular basis.
All meaningful voting is usually over there with the last pre-election meeting of the local Democrat party central committee.
Their internals have to be a disaster ~ and I bet they show Christine winning Delaware.
I would say that she is praying for the best for her State and the best for the Country. Hope her prayers are answered.
Prayer is the opposite of arrogance. Arrogance is SELF-worship ...
Why is CNN concerned, worried or perplexed by a second-rate candidate who is 20 points down in her Senate race?
And why hasn't any "reputable" pollster done a poll in Delaware for the last two weeks?
TCJ has done 3 polls in Delaware that all show Coons only leading by single digits and surging and TPX also released a poll showing COD only 6 points behind Coons.
Now the Coons campaign is daring Palin to come to Delaware to campaign for COD.
Ask yourself if Coons were 20 points ahead of COD why should he care what Palin does or says?
Is there any more arrogant creature than a self-anointed media god?
May the Lord make a way where seems to be no way... and to God be the Glory! In Jesus name.
I can't honestly see O'Donnell winning...if she does, boy, howdy, that would be INCREDIBLE! And it would mean that the GOP locks up like 52 seats.
But it's ok. She has done a great service to us! And majority or not, it's great not to have Castle in there among the GOP caucus!
Boy howdy indeed, I think Tuesday will be the most incredible election day in years and years.
"CNN and their ilk have Obama to worship, they don't need any of that God stuff."
I think that about sums it up.
I could not figure out why the media always was frothing at the mouth when mentioning O'Donnell. Now I understand!
She is one of these EEEEVVVIIIILLLL Christians!
We must save the Republic from these devious candidates who want to establish a theocracy!
hard to wait, isn't it???!
She could win. Don't believe everything (or anything) you here. It's the establishment and their MSM who are telling us she can't.
Like O'Donnell, I am praying for America and the return of our nation's faith based Republic.
Seems to me that praying for help shows humility not arrogance.
Probably just grasping for a way to use the word 'arrogant' - elitist projection.
Forgive my ignorance, but I looked at your posting history, and see that you've posted 2 stories, both from the same place.
The website of "Culture and Media Institute" has some good articles, well written and insightful.
Are you connected to it? And is it relatively new?
If it works thjen I suppose it's God who is arrogant.
It's okay for Michelle!
"Les Nessman, WKRP for CNN News... Just a couple questions Mizz O'Donnell. First off.... 'WHO do you think you are?'... Next, 'WHAT are you trying to pull?'"
The libs gave him a hard time about it at the time, but they fell silent once the rains came. No matter what, God is in control, and that is what liberal control freaks hate the most.
Love that... what most excites me is the media response afterward..heh.
Her comments drew raised eyebrows over at CNN.
CNN asks what mean pray?.
To work for the media in most cases... is working for satan.
Communists do not understand the concept of prayer.....just for the record..CNN.. we the people are praying harder than she is!!!
And amen!!!
CNN, and the like, thinks anything is arrogant that flies in the face of liberalism/progressivism/communism/marxism. Her prayers may not be answered this round, but I bet God will have an answer down the road.
The media just does not understand that the average American is not anti-religion.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


text:
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Welcome To Blacks In Tech - Los Angeles!
Inspiring Women Into Leadership
B~STEM Project is Inspiring Women Into Leadership. Lead Innovate is a dynamic 1-day leadership development workshop presented by CBS Entertainment Diversity. High school... Learn more
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Hosted by: Tracie Dean P.
Black Women in Technology 2016 Holiday Event
DON'T FORGET TO RSVP Here $10: https://www.eventbrite.com/e/black-women-in-technology-2016-holiday-event-tickets-29720332314 Black Women in Technology invites you to... Learn more
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Hosted by: Jovita J., and Lori Pressley M.
Black Professionals Christmas Party
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Microsoft Tech Leaders Forum
RSVP here via Microsoft Events registration: https://www.microsoftevents.com/profile/form/index.cfm?PKformID=0x6640518113&ls=media This FREE event is specifically... Learn more
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Hosted by: John M. (Organizer)
Welcome to Docker
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Hosted by: Phillip N.
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Recent Meetups
November 15 · 6:30 PMStartup Steps for the Tech Entrepreneur (7 sessions)
November 15, 17, 22, 29, December 1, 6 and 86:30 p.m. - 8:00 p.m. Register Here: https://www.eventbrite.com/e/startup-steps-for-the-tech-entrepreneur-tickets-28270694408... Learn more
November 15 · 4:00 PMCODE:Debugging the Gender Gap
ABI.LosAngeles cordially invites you to join us for City National Bank Women in Tech screening of the documentary CODE:Debugging the Gender Gap and the official launch... Learn more
November 2 · 7:00 PMeCommerce Fundamentals - Get Started
The internet is constantly shaping how we digest information, interact with other users and with eCommerce we are seeing a shift from people going into brick and mortar... Learn more
October 10 · 8:00 AM2016 Black Enterprise TechConnext Summit
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Get started making real world models using Python coding language. We will cover the basic types of machine learning techniques, provide example of real world... Learn more
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text: I've already searched so don't give me that "go search der" bs. I recently jailbroke an 1st gen ipod touch running 2.2 and when i open pwn player it crashes at the count down screen. I've restored once and i still am unable to use the app. please help= problem fixed "-Remove PP using Cydia -Hook your ipod up to your computer -Sync (add) some (1-10) songs to your ipod -reinstall PP using Cydia "


text:
I'M not a huge fan of challenges as people know but plenty like them so this thread will continue.
Monday's highlight was supposed to be Liverpool v Man United and Bayer Leverkusen v Spurs wasn't much better.
That's two matches I've matched in two games and no goals. Can't see it being a hat-trick with my eyes on Celtic-Gladbach and Barcelona-Man City on Wednesday night.
If you have a challenge this is the place to put it.


text:
I'm going to assume you spent the Christmas break thinking to yourself,
"Darling Self, I wonder what's up with that bathroom Cassie had to unexpectedly remodel? I love that pebble tile she chose, I'll bet it feels pretty good to stand on."Granted, it was a fleeting thought, before your mind rambled down another equally fascinating path.
So I'll tell you what's up with my Pool Bathroom Remodel. Let's refresh, shall we? We started with this hot mess of a leak problem.
My contractor busted his tail and gutted half the room, installed new tile, and even carved out space for new cabinet storage....in three days!
The original plan was to put the old shower door back on, but we realized pretty quickly that would look like doo-doo against our shiny new subway tile. So our genius contractor found a glass guy able to make a frameless shower door for half the cost. Whoop! Whoop! Unfortunately, we're now on his time frame....which means this is what the shower still looks like, two months later.
Womp Womp. That's the door to the bathroom sitting in the shower....just waiting for the new glass to arrive. Three days to remodel and two months to order a shower door. No bueno. But I didn't really want added chaos in the house during the holidays, so I didn't press the issue. I'm pressing now, and that shizz is on the way! So hopefully within a week's time I'll be able to tell you how the pebble tile feels underfoot!
As for Part Deux of the renovation, Mr. Rock-My-Socks-Off Contractor enclosed the pass-thru from our Living Room to Den. Yeah, in that same three day period he was working on the bathroom! Too shallow to call this life changing?
Well, some attentive readers wondered what the other side of the pass-thru looked like. It started as a sweet 80s wet bar.
|Don't you just hear "She's My Cherry Pie" radiating off this space?
And in came a little desk nook.
How's that for slick work?! I'm not showing you much because I'm still undecided about how to style and use this space. I'm unsure of the type of shelves, desktop, and organizational system. So for now, it looks like this:
A little on the dreary side, but we love the usable space. It's almost like adding a room on to the house! Yes, there's also a new wall color. My painter works just as fast as the contractor...which happens to be faster than I can blog! I'll get to it
Any new projects cranking up in your house? Please tell me I'm not the only person who thinks about bloggers and their homes, even when I'm away from the computer?!


text:
Check in from 1:00 PM / Check out prior to 12:00 AM
Hotel Arc En Ciel Colmar: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Colmar, France.
Hotel Arc En Ciel Colmar provides a comfortable setting while in Colmar. It is conveniently located for guests wishing to discover the area's attractions.
Hotel description
Guests are welcome to unwind in Hotel Arc-En-Ciel's gardens, and can easily visit the area's well-known attractions.
The modern rooms at the hotel include heating, a telephone and a private bathroom.
Hotel Arc En Ciel Colmar provides breakfast each morning, and has a lounge bar where guests can relax with a drink. Each evening, guests are welcome to wind down in the lounge bar.
Set in the Alsace Wine Region, Hotel Arc-En-Ciel is a convenient base for those interested in trying the area's specialties. Guests will also discover multiple restaurants and shops close by.
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Restaurant, Bar / Lounge, TV, Shower, En suite, Private Bathroom
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Booking Site
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Users who viewed Hotel Arc En Ciel Colmar also viewed these 2 stars Colmar hotels:
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Hotel Restaurant Les Maraichers
83 Route De Bâle, Colmar
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Hotel Turenne
10 Route de Bâle, Colmar
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346 reviews
Nearest hotels
- Studio Curie
0.1 miles
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0.2 miles
- Charmant Studio Colmar
0.2 miles


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This is such an amazing thing! Friends all pulled together to help out a woman who really deserves it!
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I grew up in the wonder city of Tampa, FL. Go Springstead Class of 2006! Love music, and radio... and you should find me on the social nets!


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The 500X expresses the values that made the Fiat 500 an icon recognised all over the world. In the 500X, seductive Italian design embraces the substance of a comfortable, high-performance car that's always connected to the world.
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text:
CPUC Touts Energy Efficiency Success
The California Public Utilities Commission (CPUC) says that energy efficiency programs approved by the CPUC resulted in savings of 5,900 gigawatt-hours of electricity in 2010-2011 based on utility reported savings estimates.
In its 2010-2011 Energy Efficiency Annual Progress Evaluation Report the CPUC summarizes investor-owned utility implementation thus far of the CPUC's $3.1 billion 2010-2012 energy efficiency program. The report details progress toward meeting multiple statewide energy and climate policy objectives including the Energy Action Plan, Assembly Bill 32, and the California Long Term Energy Efficiency Strategic Plan.
As outlined in the report, 89 percent of estimated energy savings reported through 2011 occurred in the commercial (55 percent) and residential (34 percent) sectors, with the agricultural and industrial sectors combined making up the remaining 12 percent of electric savings. Through 2011, the majority of estimated electric savings was achieved through lighting (59 percent), followed by process improvements (13 percent), and HVAC (10 percent). Natural gas savings were primarily achieved in the industrial sector, where 47 percent of the estimated savings were generated through process improvements.
The report discusses 11 program areas, which are designed to overcome barriers to investing in energy efficiency in a wide range of customer segments and promote a range of specialized technologies and services. Highlights include:
- Residential energy savings continue to be driven by long-running programs that include lighting, followed by appliances;
- Programs in the industrial and agricultural sectors continue to deliver significant energy savings to California;
- The upstream HVAC equipment incentive program, where distributors are incentivized to promote energy efficient products, has been achieving savings goals and is cost effective;
- The 2010-2012 statewide Codes and Standards Program budget is less than 1 percent of the total portfolio of energy efficiency programs ($30 million), but is projected to account for about 22 percent of the total electricity savings and 25 percent of the natural gas savings;
- More than 40 cities, counties, and regional governments are working with the state's utilities as partners to deliver energy efficiency programs and services in their areas;
- In lighting, there are clear trends of falling shipments of basic lamps in utility programs, and increasing trends for advanced lamps since 2008; and,
- On Bill Financing's $41.5 million loan pool quickly became oversubscribed in Southern California Edison's service area.
- Strategies for a Successful EHS&S Software Selection
- Operationalizing EHS Management: Bridge the Gap from Strategy to Execution
- There's Money in the Trash
- 2016 Environmental Leader Product & Project Awards
- Choosing the Correct Emission Control Technology
- Four Key Questions to Ask Before Your Next Energy Purchase
- Practical Guide to Transforming Energy Data into Better Buildings
- Advanced Rooftop-Unit Control (ARC) Retrofits: Field Demonstrations Validate Energy Savings
- The New Energy Future - Challenges and Opportunities in Corporate Energy Management
- 10 Tactics of Successful Energy Managers


text:
|Page (1) of 1 - 08/04/11
|email article
|print page
This video gives you advice on how to get a beautiful celebrity body. A fitness trainer lets you know what will work and what approach has guaranteed success. Follow these instructions and you'll have a body like Cheryl Cole.
|How To Get A Cheryl Cole Body
Source:GrabNetworks (c). All Rights Reserved


text:
Description: I created the cscope database "cscope.out" using the command "cscope -b -R". The file ~/.vim/plugin/cscope_maps.vim contains the command "cs add cscope.out" to add the cscope database. When I try to open one of the source files, I get the error mentioned above.
cscope.out. Symbol cross-reference file (overridden by the -f option), which is put in the home directory if it cannot be created in the current directory.
cscope cannot open file cscope.out.
I've done further investigation and using the strace utility I've found out (a small snippet from a strace's output): ... stat("FILE_NAME", {st_mode=S_IFREG|0644, st_size=0, ...}) = 0 open("FILE_NAME", O_RDONLY)
After I have modified source files, I need to update cscope.out file by run "cscope -b -R" on shell then do ":cs reset" in vim.
cygdrive/c/usr dir/mpm]$ cscope.exe -q -R -b. and i open my gvim and cd to mpm directory and issue this
Irrespective of the method the database file named cscope.out will be created.
sudo apt-get install cscope. Now open/create a ".vimrc" file in you home directory using
cscope cannot open file cscope.out.
Tip 1638 Printable Monobook Previous Next. created 2009 · complexity basic · author Tonymec · version 6.2. Cscope is a very powerful interface allowing you to easily navigate C-like code files. While Cscope comes with its own stand-alone interface...


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United States District Court, S.D. New York
November 24, 2014
DANIEL A.L.R.OY, Plaintiff,v.CITY OF NEW YORK LAW DEPARTMENT, MICHAEL A. CARDOZO, WILLIAM A. GREY, AVALONBAY COMMUNITIES, INC., TIMOTHY J. NAUGHTON, FREDERICK S. HARRIS, MICHAEL W. FREUDENBERG, HARRINGTON, OCKO & MONK, LLP, Defendants
Page 394
Daniel Alroy, Plaintiff, Pro se, New York, NY.
For The City of New York Law Department, Michael A. Cardozo, William A. Grey, Defendants: Omar Hani Tuffaha, LEAD ATTORNEY, New York City Law Department, New York, NY.
For AvalonBay Communities, Inc., Timothy J. Naugton, Harrington, Ocko & Monk, LLP, Michael W. Freudenberg, Defendants: Kevin James Harrington, LEAD ATTORNEY, Harrington Ocko & Monk, LLP, White Plains, NY.
For Frederick S. Harris, Defendant: Kevin James Harrington, Harrington Ocko & Monk, LLP, White Plains, NY.
Page 395
VALERIE CAPRONI, United States District Judge.
This action arises out of the destruction of a sculpture owned by pro se Plaintiff Daniel Alroy that had been displayed in a community park, and his disappointment with the course of the ensuing state court litigation. Defendants have moved to dismiss the complaint.
On October 1, 2007, Plaintiff commenced an action (the " City Action" ) against the City of New York Parks and Recreation Department (the " Parks Department" or " City Defendant" ) in the Supreme Court of the State of New York, County of New York, alleging that the Parks Department was responsible for the destruction of his sculpture and that the destruction was an illegal taking without just compensation in violation of his Fifth and Fourteenth Amendment rights. Harrington Decl. Ex. B.[1] On September 29, 2009, Plaintiff brought a second action (the " Avalon Action" )
Page 396
against AvalonBay Communities, Inc. (" AvalonBay" ), Tony Casale, Inc., and Antonio Casale. Harrington Decl. Ex. C.[2] The two actions were consolidated for all purposes in 2010 (collectively, the " State Action" ), Avalon Mem. at 2, and the State Court granted summary judgment in favor of the City Defendants on June 21, 2012, see Harrington Decl. Ex. F. The Avalon Action is still pending in State Court. City Mem. at 3 n.2.
Plaintiff commenced this action on September 24, 2013, and filed an Amended Complaint on January 29, 2014. Dkt. 1, 7. Principally, Plaintiff alleges that the Defendants' conduct of the State Court proceeding constituted an abuse of process and a " denial of his constitutional right to due process and fair and equal access to the Courts." Compl. at 12.[3] Defendants have moved pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss the Amended Complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted.[4]
For the following reasons, Defendants' motions are GRANTED and Plaintiff's Complaint is DISMISSED.
In 1995, Plaintiff agreed to provide a sculpture he had commissioned, allegedly from marble extracted from the same quarry used by Michelangelo, for display in a private community garden known as the Rock & Rose Garden located at the northwest corner of Houston Street and Second Avenue in Manhattan, New York. Compl. ¶ D1; Compl. Ex. 1. The agreement provided that Plaintiff would remove the sculpture within 24 hours upon written notice. Compl. ¶ D3. Thereafter, the Parks Department assumed jurisdiction of all community gardens, including the Rock & Rose Garden. Compl. ¶ D5. In 2005, the Parks Department undertook to integrate the Rock & Rose Garden with an adjacent garden and contracted with AvalonBay to oversee the project. Compl. ¶ D7.[6] AvalonBay
Page 397
subcontracted with Tony Casale, Inc. (" Casale" ) for certain aspects of the project. Compl. ¶ D7. On December 4, 2006, workers employed by Casale demolished the sculpture in order to remove it from the garden; Plaintiff had not been given advance notice of the removal or provided an opportunity to remove his sculpture. Compl. ¶ ¶ D8, D10.
Plaintiff brought an action against the City in 2007 for damages alleging that Casale acted at the direction of a Parks Department representative when it demolished the sculpture rather than removing it intact. Compl. ¶ D10, 12. The City denied liability and asserted that AvalonBay and Casale were liable for the destruction of the sculpture, prompting Plaintiff to commence the Avalon Action. Compl. ¶ D13. Plaintiff alleged that AvalonBay initially told the City and his attorney that two AvalonBay witnesses would testify that the City had directed the demolition of the sculpture. Compl. ¶ D14. When the AvalonBay witnesses were deposed, however, they testified that they did not remember the decision having been made by a representative of the City. Compl. ¶ ¶ D17. Plaintiff alleges that the witnesses " changed" their testimony as a result of improper conduct (not further defined or described) on the part of the City's attorney and collusion between the City and AvalonBay. Compl. ¶ ¶ D16, D17, D19.
Plaintiff claims these changed circumstances caused his attorney to " throw in the towel" and take actions that were contrary to Plaintiff's interests. Compl. ¶ E3; Pl. Mem. ¶ ¶ 5.4, 6.4. During the course of the State Action, Plaintiff terminated his attorney and began representing himself. Compl. ¶ ¶ E5, E7.
One consequence of the changed testimony was that AvalonBay accepted responsibility for demolition of the sculpture, extinguishing any potential liability of the City to Plaintiff in connection with the destruction of the sculpture. Pl. Mem. ¶ 2.8. Over Plaintiff's objection that the City's filings were fraudulent and collusive, the State Court granted the City Defendants' motion for summary judgment and dismissed the City Action. Harrington Decl. Ex. F. In pertinent part, the State Court found that Plaintiff's " allegations of collusion between the City and Avalon[B]ay" were " unsubstantiated" and his " theory that the City's attorney formerly handling [that] matter acted improperly to deceive th[e] Court and the various parties, supposedly cover[ed] up the true facts, and manipulated the administration of th[at] action" was " unfounded." Id. at 5.
The crux of Plaintiff's complaint before this Court is that the Defendants' conduct in the State Action caused him legal injury. In his words: " [T]he defendants manipulated the judicial system on the State level in a way that violated [his] constitutional right to a fair and impartial trial." Compl. at 12. Plaintiff further argues that he was used as an " involuntary instrument" between the City Defendants and Avalon Defendants to determine which party was responsible for compensating him, which burdened him with establishing liability and forced him to incur the costs of litigating an " otherwise unnecessary lawsuit." Pl. Mem. Opp. at 1.
Because Plaintiff is proceeding pro se, the Court construes his submissions " liberally" and with " special solicitude" and interprets them to " raise the strongest arguments that they suggest."
Page 398
Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) ( per curiam ) (quoting Pabon v. Wright, 459 F.3d 241, 248 (2d Cir. 2006)) (emphasis from Triestman ).
a. Rooker-Feldman Bar
Construed liberally, Plaintiff intended to invoke the Court's federal question jurisdiction under 28 U.S.C. § 1331.[7] His claim that he was deprived of due process in the State Action invokes federal law. The remaining causes of action -- abuse of process, conspiracy, and tortious interference with contract -- are all state law claims. Because Plaintiff alleges those torts were committed by a state agency[8] and by government officials acting in their official capacity, the claims could be construed as arising either under 42 U.S.C. § 1983, giving rise to federal question jurisdiction, or as state law tort claims, which would require the Court to exercise supplemental jurisdiction under 28 U.S.C. § 1367 if it first finds federal question jurisdiction over his due process claim.[9] See Compl. at 12.
Defendants argue that the Court lacks subject matter jurisdiction over the due process claim by virtue of the Rooker-Feldman doctrine and that the Amended Complaint fails to state a claim for relief under Section 1983; therefore, the entire action should be dismissed for lack of subject matter jurisdiction. City Mem. at 7-10; Avalon Mem. at 10-13. " In evaluating a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1), courts 'must take all uncontroverted facts in the complaint (or petition) as true, and draw all reasonable inferences in favor of the party asserting jurisdiction.'" Waltman v. U.S. S.E.C., No. 14-CV-1574 (VEC), 2014 WL 4357477 (S.D.N.Y. Sept. 2, 2014) (quoting Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d 239, 243 (2d Cir. 2014)).
The Court may look to evidence outside the pleadings (including the records of the State Court proceeding) in resolving the question of subject matter jurisdiction; the Plaintiff has the burden of proof by a preponderance of the evidence that jurisdiction exists. Id. at 476-77.
b. Plaintiff's Due Process Claim
Defendants argue that Plaintiff's claim that he was deprived of due process and access to the state court is barred by the Rooker-Feldman doctrine. The Rooker-Feldman doctrine recognizes that Congress did " not authorize district courts to exercise appellate jurisdiction over state-court judgments" when it defined the district courts' original subject matter jurisdiction in 28 U.S.C. § 1331. McKithen v. Brown, 481 F.3d 89, 96 (2d Cir. 2007) (quoting Verizon Md., Inc. v. Pub. Serv. Comm'n of Md., 535 U.S. 635, 644 n.3, 122 S.Ct. 1753, 152 L.Ed.2d 871 (2002)). " Underlying the Rooker-Feldman doctrine is
Page 399
the principle, expressed by Congress in 28 U.S.C. § 1257, that within the federal judicial system, only the Supreme Court may review state-court decisions." Green v. Mattingly, 585 F.3d 97, 101 (2d Cir. 2009) (quoting Hoblock v. Albany Cnty. Bd. of Elections, 422 F.3d 77, 85 (2d Cir. 2005)). Thus, when faced with a claim that is in effect an appeal of a final state court judgment, a district court should dismiss for lack of subject matter jurisdiction. See id. The Supreme Court has admonished, however, that the Rooker-Feldman doctrine does not alter federal courts' concurrent subject matter jurisdiction over claims that may also be litigated in state court and should not be conflated with the ordinary application of the law of preclusion. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 283, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005).[10]
Subsequent to Exxon Mobil, the Second Circuit explained that four factors must be present in order for Rooker-Feldman to apply:
First, the federal-court plaintiff must have lost in state court. Second, the plaintiff must complain of injuries caused by a state-court judgment. Third, the plaintiff must invite district court review and rejection of that judgment. Fourth, the state-court judgment must have been rendered before the district court proceedings commenced -- i.e., Rooker-Feldman has no application to federal-court suits proceeding in parallel with ongoing state-court litigation.
Hoblock, 422 F.3d at 85 (citing Exxon Mobil, 544 U.S. at 284) (alterations omitted). The first and fourth requirements are procedural, the second and third are substantive. Id.
Turning first to the substantive requirements of Rooker-Feldman : a federal suit is " barred by Rooker-Feldman only if it complains of injury from the state-court judgment and seeks review and rejection of that judgment, but not if it raises 'some independent claim.'" Hoblock, 422 F.3d at 86.[11] Plaintiff argues that he is not attempting to re-litigate the claims adjudicated by the state court because the subject of his federal action is the Defendants' conduct subsequent to the destruction of his statute, whereas the State Action focused on the destruction of property. Pl. Mem. Opp. at 1. But a claim is not " independent" merely because it presents a legal theory not raised in state court; as the Supreme Court held in Feldman, a federal constitutional claim may be " inextricably intertwined" with a state-court judgment if " the district court is in essence being called upon to review the state-court decision." Hoblock, 422 F.3d at 86 (citing District of Columbia Court of Appeals v. Feldman,
Page 400
460 U.S. 462, 483-84 n.16, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983)). Thus, " the applicability of the Rooker-Feldman doctrine turns not on the similarity between a party's state-court and federal-court claims . . . but rather on the causal relationship between the state-court judgment and the injury of which the party complains in federal court." McKithen, 481 F.3d at 97-98. The causal requirement is satisfied " where, as in Feldman, the state court itself is the decision-maker whose action produces the injury." Sindone v. Kelly, 439 F.Supp.2d 268, 272 (S.D.N.Y. 2014).
Anctil v. Ally Financial, Inc., 998 F.Supp.2d 127 (S.D.N.Y. 2014), is instructive on the causation requirement. In that case, the plaintiffs brought an action in federal court alleging that the defendants were " engaged in a massive racketeering scheme . . . in order to illegally foreclose on homes." Id. at 131. The plaintiffs alleged that when their homes were foreclosed, the entities that foreclosed used false and misleading documents to do so and lacked valid title to the mortgages in question, rendering those foreclosures invalid. Id. at 132. This Court found that the substantive requirements of Rooker-Feldman were met because, although defendants' " allegedly fraudulent conduct may have preceded the entry of the foreclosure judgments," plaintiffs " suffered injury only because the various state courts entered judgments of foreclosure." Id. at 134-35. See also Caldwell v. Gutman, Mintz, Baker & Sonnenfeldt, P.C., 701 F.Supp.2d 340, 348-49 (E.D.N.Y. 2010) (plaintiff's claims that the defendants engaged in vexatious litigation in state court were barred because a state court judgment was " one of the main events in th[e] pattern" of the allegedly vexatious litigation that caused the plaintiff's injury).
Plaintiff complains specifically of an injury caused by a state court judgment. The Complaint alleges that " the defendants manipulated the judicial system on the State level in a way that violated [his] constitutional right to a fair and impartial trial." Compl. at 12. Like the plaintiff in Anctil, Plaintiff complains that the State Court judgment was based on fraudulent documents procured by Defendants' wrongful acts. Just as the allegedly fraudulent acts that preceded the state court's judgment in Anctil did not render claims arising out of those actions " independent" from the state court action, the fact that Plaintiff alleges Defendants colluded and engaged in wrongful conduct prior to the State Court's decision to dismiss the claims against the City Defendants does not rescue his injury from being " caused by" the State Court judgment. Plaintiff's injury did not exist prior to the time of the state-court proceedings; it occurred when the State Court entered summary judgment in favor of the City Defendants. And, finally, it was the State Court's decision to reject Plaintiff's argument that Defendants' filings were fraudulent and to grant the City Defendants' motion for summary judgment that produced Plaintiff's alleged injury.
Moreover, Plaintiff " invites district court review and rejection" of the State Court judgment. Hoblock, 422 F.3d at 85. Plaintiff specifically alleges that he was deprived of due process because, inter alia, a New York Supreme Court Justice wrongfully granted a fraudulent motion to dismiss by the City Defendants. Compl. ¶ ¶ A, E3. In the decision complained of, Justice Engoron found that Plaintiff's theory that the City's attorney " acted improperly to deceive th[e] Court and the various parties, supposedly covered up the true facts, and manipulated the administration of th[at] action" was " unfounded." Herrington Decl. Ex. F. Finding in Plaintiff's
Page 401
favor in this action would necessarily entail reviewing the State Court's decision on that very point, which this Court is without the power to do.[12] In sum, Plaintiff's due process claim meets the substantive requirements for a Rooker-Feldman bar.
The Complaint also meets the two procedural requirements of Rooker-Feldman. Plaintiff was the loser in the complained-of State Court judgment,[13] and the State Court judgment dismissing the claims against the City Defendants occurred prior to Plaintiff initiating this lawsuit.[14] See Hoblock, 422 F.3d at 89.
In sum, Rooker-Feldman bars Plaintiff's constitutional claim that the Defendants' conduct in the State Action deprived him of due process and access to the courts.
c. Failure To State a Claim Under Section 1983
In analyzing a motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6), the Court accepts as true all factual allegations in the complaint. Hill v. Curcione, 657 F.3d 116, 122 (2d Cir. 2011). But the Court is " not bound to accept as true a legal conclusion couched as a factual allegation." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Although a pro se complaint must be construed liberally and with " special solicitude," Hill, 657 F.3d at 122 (quoting Triestman, 470 F.3d at 474), it still has to state a plausible claim for relief. Determining whether it does so " requires the reviewing court to draw on its judicial experience and common sense." Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (citing Ashcroft, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868). A claim has " facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Sykes v. Bank of America, 723 F.3d 399, 403 (2d Cir. 2013) (quoting Ashcroft, 556 U.S. at 678).
The Amended Complaint alleges that Defendant Grey conspired with the Avalon Defendants to deprive Plaintiff of " due process and fair and equal access to the Courts" and that the City Defendants' conduct constituted an abuse of civil process. Compl. at 12. This could conceivably be read as asserting a claim under 42 U.S.C. § 1983. " To establish a constitutional violation under § 1983, plaintiffs must demonstrate that (1) defendants were acting under color of state law at the time of the alleged [wrongful conduct]; and (2) the action was a deprivation of a constitutional or federal statutory right." Id. It is
Page 402
undisputed that Defendants Cardozo and Grey were acting under color of state law in defending the City in the State Action. Nonetheless, the Complaint fails to state a claim because a government attorney defending a civil suit has absolute immunity from a subsequent Section 1983 suit. Spear v. Town of W. Hartford, 954 F.2d 63, 66 (2d Cir.), cert. denied, 506 U.S. 819, 113 S.Ct. 66, 121 L.Ed.2d 33 (1992) (citing Barrett v. United States, 798 F.2d 565, 572 (2d Cir. 1986)).[15]
To state a claim against a private entity under Section 1983, the complaint must " allege facts demonstrating that the private entity acted in concert with the state actor to commit an unconstitutional act." Betts v. Shearman, 751 F.3d 78, 84 (2d Cir. 2014) (quoting Spear, 954 F.2d at 68). Put differently, the Complaint must plausibly allege that the Avalon Defendants were " willful participant[s] in joint activity with the State or its agents" and that the parties " share[d] some common goal to violate the plaintiff's rights." Id. at 85 (citing Ciambriello v. Cnty. of Nassau, 292 F.3d 307, 324 (2d Cir. 2002)).
The Complaint does not plausibly allege that the Avalon Defendants were " willful participants" in the State Action. Plaintiff initiated the civil suit against them seeking compensation for damage to his property. Although the City Defendants and Avalon Defendants were both on the opposite side of the litigation from Plaintiff, the parties did not share a common goal. The Avalon Defendants' interests were adverse to the City Defendants' interests because both parties denied liability for the property damage. Plaintiff's allegation that the City Defendants and Avalon Defendants " conspired" to induce the State Court to grant summary judgment in the City's favor thereby leaving the Avalon Defendants liable to Plaintiff for damages is unsupported by facts and simply not plausible.
Moreover, to survive a motion to dismiss a Section 1983 claim the Complaint must allege deprivation of a right protected by the Constitution or by federal law. Of the causes of action alleged in the Complaint, a Section 1983 claim could be founded upon violations of Plaintiff's Fourteenth Amendment procedural due process rights, see Ciambriello, 292 F.3d at 313, substantive due process rights, see Spear, 954 F.3d at 68, or a conspiracy between a private entity and public actor to commit unconstitutional acts, if an unconstitutional act is adequately alleged, id. It is well settled, however, that Section 1983 liability may not be predicated on a claim of malicious abuse of civil process. Cook v. Sheldon, 41 F.3d 73, 79-80 (2d Cir. 1994) (citing Spear, 954 F.2d at 68).
" In order to establish a procedural due process violation, a plaintiff must prove that he or she was deprived of 'an opportunity granted at a meaningful time and in a meaningful manner for a hearing appropriate to the nature of the case.'" Brady v. Town of Colchester, 863 F.2d 205, 211 (2d Cir. 1988) (quoting Boddie v. Connecticut, 401 U.S. 371, 378, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971)) (emphasis from Brady ) (internal alterations omitted).[16] But
Page 403
Plaintiff has not alleged that he was denied the opportunity to be heard. There is no question that the Plaintiff had a full and fair opportunity to be heard in the State Court proceeding, and he chose not to appeal the adverse decision rendered in that proceeding. " [T]he availability of such recourse [within the state judicial system], as a matter of law, precludes finding that the defendants' conduct violated plaintiff['s] rights to procedural due process under the [F]ourteenth [A]mendment." Id. His claim that he was deprived of procedural due process is, therefore, without merit.
" Government conduct may be actionable under [S]ection 1983 as a substantive due process violation if it 'shocks the conscience.'" Spear, 954 F.3d at 68 (quoting Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, 96 L.Ed. 183 (1952)). The City Defendants' conduct in the State Action amounts to no more than standard litigation techniques employed by attorneys in all sorts of matters and falls woefully far short of " shocking the conscience." The Complaint does not state a plausible claim for a violation of Plaintiff's substantive due process rights. Without a violation of a right protected by federal law, Plaintiff's conspiracy claim necessarily fails.
As explained above, this Court lacks jurisdiction to review the State Court's decision under the Rooker-Feldman doctrine. Moreover, as a matter of law, the availability of meaningful review within the state court system precludes this court from finding a procedural due process violation under the Fourteenth Amendment. Id. Plaintiff's conspiracy claim fares no better, even assuming it alleged concerted action. In order to state a claim for a conspiracy under Section 1983, the Complaint must allege an underlying unconstitutional act. See Betts, 751 F.3d at 85. For all the reasons discussed, Plaintiff has failed to do so.
Because Plaintiff has not adequately alleged a violation of a constitutionally- or federally-protected right, the Complaint fails to state a claim for relief under Section 1983.
Giving a liberal reading to all of Plaintiff's allegations, the Complaint fails to state a claim for relief. Although " the court should not dismiss [a pro se complaint] without granting leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated," when the problems with the causes of action are substantive and cannot be cured by better pleading, " futile request[s] to replead should be denied." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (citations omitted). Amendment here would be futile.
Because there is no claim sufficient to confer federal subject matter jurisdiction under 28 U.S.C. § 1331, the Court does not have subject matter jurisdiction over Plaintiff's remaining state law claims. The action is therefore DISMISSED with prejudice.
Page 404
The Clerk of Court is requested to terminate this case, and mail a copy of the Order to the pro se Plaintiff.
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Marine View Hotel provides a decent selection of recreational activities, which lively travelers would do well to take advantage of throughout their stay in Jamaica.
Marine View Hotel has one swimming pool, so whether you're with a group that likes to make a splash or just your significant other, it makes a great excuse to have a quick break by the waterside. In truth, even with access to a pool, many people like visiting the beach so much that they make little use of the swimming pool. One of the closest beaches to Marine View Hotel is Grande Beach.
This hotel is able to provide challenging entertainment to tennis fanatics, considering guests can spend some of their free time playing a match on-site.
Where else can you stay and play on-site tennis? You may want to compare Marine View Hotel to other tennis properties, like Couples Sans Souci and Hibiscus Lodge.
While there isn't a golf course at Marine View Hotel, it may be possible to arrange for a tee time nearby. The nearest course is Sandals Golf and Country Club, which is located within visiting distance of this site. You can play 18 holes at this course. The course has a total length of 6311 yards, and it has been rated as a par 71. For those who would like to find out more information, you can reach the course at (876) 975-0119.
Though Marine View Hotel welcomes those traveling with children, there aren't a lot of amenities for the whole family. To view some that do have youngters in mind, take a look at these properties recommended for families.
Also, there isn't a bar or nightclub on the property, but you can still take your pick of nearby nightspots.
At night, you may want to head over to a nearby accommodation that also has nightlife options. Not all of the options listed below will have nightlife better than what you might find at your own lodging, but they do offer a bit of variety. These choices are displayed in the following table:
|Property Name
|Number of Bars
|Live Entertainment
|Silver Seas
|0.5 mi. East-Northeast of Downtown Ocho Rios
|Hibiscus Lodge
|0.5 mi. Northeast of Downtown Ocho Rios
|Moon Palace Jamaica Grande
|Downtown Ocho Rios
|Village Hotel
|Downtown Ocho Rios
|Rooms On The Beach
|Downtown Ocho Rios
|Pineapple Court Hotel
|Downtown Ocho Rios
|SandCastles Resort
|Downtown Ocho Rios
|Fisherman's Point
|Downtown Ocho Rios
|Harmony Hall
|1.0 mi. East-Northeast of Downtown Ocho Rios
|Little Shaw Park
|0.4 mi. South of Downtown Ocho Rios
|Crane Ridge Suites
|Downtown Ocho Rios
|Sandals Grande Rivera
|1.4 mi. East of Downtown Ocho Rios
If you're in the mood to gamble, visit the nearest casino, Treasure Hunt Ocho Rios.
On top of the activities available on-site, visitors looking to do some exploring will appreciate the multitude of interesting recreational possibilities in Jamaica. Whether you'd rather relax on a sunny beach or enjoy a round on the golf course, you can encounter lots of other chances for recreation close at hand. Investigate these links to learn more regarding sightseeing, riding a scooter or bicycle, fishing, scuba diving, shopping, going snorkeling, and other activities.
Help us improve! We welcome your corrections and suggestions.


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"Head down to the Ben and..." Stowe Things to Do Tip by Venturingnow
Stowe Things to Do: 26 reviews and 48 photos

Head down to the Ben and Jerry's Ice Cream production factory just around the corner from downtown. It's great fun, and the tours include free ice cream samples. Outside, they sell every flavor of B&J's ice cream ever made. It's fun fun fun!

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December 18, 2009
SANDRA C.L. MANAOIS, AKA SANDY LANE, JERRY W. HILBISH, AND ELIZABETH ROBERTS, PLAINTIFFS,v.PAUL ROBERTS, AND ERIN BREYMAN, DEFENDANTS.
This matter is before the Court on Defendants Paul Roberts and Erin Breyman's motion for sanctions against the Plaintiffs Sandra C.L. Manaois, Jerry W. Hilbish, Elizabeth Roberts and their attorney of record James Ireijo pursuant to Federal Rule of Civil Procedure 11. (Doc. # 26.) Defendants' motion for Rule 11 sanctions is essentially a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). As such, the Court will first consider whether to grant Plaintiffs' motion for judgment on the pleadings pursuant to Rule 12(c) and then will evaluate Defendants' motion to impose Rule 11 sanctions on Plaintiffs and their attorney, James Ireijo.*fn1
The claims for relief in the present action arise from the same events and transactions related to Probate Case No: PP20060081, Estate of Robert E. Roberts, El Dorado Superior Court, State of California. On March 19, 2006, Robert E. Roberts passed away. The Plaintiff, Elizabeth Roberts, is the surviving spouse of the decedent Robert E. Roberts ("Roberts"). The Defendants, Paul Roberts and Erin Breyman, are the surviving children of the decedent. Defendants were appointed personal representatives of the Estate of Roberts. Roberts left a will that was admitted to probate, in which he left Elizabeth a conditional life estate in their home (hereinafter "Residence"), as long as she lived in the Residence and paid all the bills on it. Elizabeth moved out of the Residence on or about May 21, 2006. On or about May 30, 2006 Elizabeth Roberts sent a letter to Defendant Paul Roberts indicating she had vacated the Residence and was returning the keys to Paul Roberts.
In relation to Probate Case No: PP20060081, Estate of Robert E. Roberts, Elizabeth filed a Petition to Determine Succession to real and personal property. On or about October 26, 2006, Defendant Paul Roberts went to the Residence to check on the home and discovered all the locks had been changed and a "No Trespassing" sign had been placed on one of the doors. Based on his observations, Paul Roberts filed a police report with the El Dorado County Sheriff's Office.
On April 13, 2007, Elizabeth entered into an agreement with the Estate of Roberts to settle the Petition to Determine Succession. The settlement agreement required dismissal of Elizabeth's Petition to Determine Succession with prejudice, waiver of any and all rights in the personal property, except as to any community property claims she may have in the Residence. In addition, the parties agreed "never to commence, aid, prosecute, or cause to be commenced or prosecuted against the other any action or proceedings based directly or indirectly upon any of the matters referred to in the lawsuit." (Doc. # 26, Ex. A.)
In the present case, Plaintiffs' Amended Complaint asserts four causes of action against Defendants for: (1) Intentional Infliction of Emotional Distress; (2) Slander, Libel, Defamation, and/or Invasion of Privacy; (3) Conversion; and (4) Interference with Contract. In the instant motion Defendants request that the Court dismiss the Amended Complaint with prejudice, order Plaintiffs to refrain from filing future identical actions and impose monetary sanctions sufficient to compensate Defendants for their attorneys' fees estimated to be $17,000.00 and to serve the other goals of Rule 11. (Doc. # 26.) Plaintiffs oppose the motion. (Doc. # 32). For all of the reasons stated below, Defendants' motion for judgment on the pleadings is GRANTED with prejudice and Defendants' motion for Rule 11 sanctions is DENIED.
A. Legal Standard
1. Judgment on the Pleadings
Rule 12(c) of the Federal Rules of Civil Procedure provides: "After the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings." See Fed. R. Civ. P. 12(c). For purposes of a motion under Rule 12(c), the allegations of the non-moving party must be accepted as true, and the allegations of the moving party that have been denied are presumed false. See Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1550 (9th Cir. 1990). Judgment on the pleadings is appropriate only when the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law. See Enron Oil Trading & Transportation Co. v. Walbrook Ins. Co. Ltd., 132 F.3d 526, 529 (9th Cir. 1997). Judgment may be granted only when the pleadings show beyond doubt that the plaintiff can prove no set of facts in support of her claims that would entitle her to relief. See id. The Ninth Circuit has held that "the principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing" and that "because the motions are functionally identical, the same standard of review applicable to a Rule 12(b) motion applies to its Rule 12(c) analog." See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).
2. Motion for Sanctions
A party may make a motion for sanctions under Federal Rule of Civil Procedure 11. Rule 11 provides, in pertinent part:
(b) By presenting to the court a pleading, written motion, or other paper . . . an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, causes unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on their belief or lack of information.
Fed. R. Civ. P. 11(b). If the Court concludes that Rule 11 has been violated, it may impose appropriate sanctions. Fed. R. Civ. P. 11(c).
The central purpose of Rule 11 is to deter baseless filings. Newton v. Thomason, 22 F.3d 1455, 1463 (9th Cir. 1994). Courts apply an objective test in determining whether Rule 11 has been violated. Yagman v. Republic Ins., 987 F.2d 622, 628 (9th Cir. 1993). A violation of the rule does not require subjective bad faith. Id.
B. Plaintiffs' First Cause of Action for Intentional Infliction of Emotional Distress
Plaintiffs' first cause of action for intentional infliction of emotion distress is based on Defendants' filing of an allegedly "false police report," which made "false accusations" against Plaintiffs. Amended Complaint ¶ 5. Defendants assert Plaintiffs' claim for intentional infliction of emotional distress is based on communications made by Defendants to law enforcement officials and any liability for such communications is barred by the litigation privilege pursuant to Cal. Civ. Code § 47.*fn2
Cal. Civ. Code § 47 established a privilege that bars liability in tort for the making of certain statements. Pursuant to Section 47(b), the privilege bars a civil action for damages for communications made "[i]n any (1) legislative proceeding, (2) judicial proceedings, (3) in any other proceeding authorized by law, or (4) in the initiation or course of any other proceeding authorized by law and reviewable pursuant to [statutes governing writs of mandate]," with certain statutory exceptions that do not apply to the present case. The privilege established by this subdivision is often referred to as an "absolute" privilege, and it bars all tort causes of action except a claim for malicious prosecution. See Hagberg v. California Federal Bank, 32 Cal. 4th 350, 360 (Cal. 2004). As the California Supreme Court noted in Hagberg, "the overwhelming majority of cases conclude that when a citizen contacts law enforcement personnel to report suspected criminal activity and to instigate law enforcement personnel to respond, the communication also enjoys an unqualified privilege under section 47(b)." Id. at 364.
Here, Defendants' statements regarding the Plaintiffs' suspected trespassing on real property of the Estate of Roberts were made in the course of proceedings authorized by law to law enforcement officials. Hagberg specifically held that such communications to law enforcement officials are privileged when the claim for relief is intentional infliction of emotion distress. Hagberg, 32 Cal. 4th at 355. As such, Defendants' statements are protected from suit by the litigation privilege and cannot be used to support a claim for relief. Cal. Civ. Code § 47(b).
Plaintiffs argue that they should be granted leave to amend their Amended Complaint to include a claim for malicious prosecution. As stated in Hagberg, statements made in a police report "are privileged pursuant to Civil Code Section 47(b), and can be the basis for tort liability only if the plaintiff can establish the elements of the tort of malicious prosecution." Id. at 355. Here, permitting Plaintiffs leave to amend their complaint to add a claim for malicious prosecution would be futile. The first element that must be satisfied for a successful malicious prosecution claim is "the prior action was commenced by or at the direction of the defendant and was pursued to a legal termination in the plaintiff's favor."
Bertero v. National General Corp., 13 Cal. 3d 43, 50 (Cal. 1974). Defendants have not commenced any action against Plaintiffs. As such, the first element of a malicious prosecution claim cannot be satisfied.
Accordingly, even assuming all of Plaintiffs' factual allegations in the Amended Complaint to be true, Plaintiffs' have failed to allege a legally plausible cause of action for intentional infliction of emotional distress. As such, Defendants' motion for judgment on the pleadings as to Plaintiffs' first cause of action is GRANTED with prejudice.
C. Plaintiffs' Second Cause of Action for Slander, Libel, Defamation, and/or Invasion of Privacy
Plaintiffs' second cause of action for slander, libel, defamation and/or invasion of privacy is also based on the alleged "false police report" that was filed "on or about October 21, 2006." Amended Complaint, ¶¶ 5-6. The statute of limitations in California for slander, libel, and defamation is one year. Cal. Code Civ. Proc. § 340. The Amended Complaint was filed on April 27, 2009, nearly two and half years after the incident took place. Even using the relation back date for the original complaint, filed October 15, 2008, the statute of limitations bars Plaintiffs' second cause of action.
Moreover, the litigation privilege, as discussed above, also precludes a slander, defamation, libel and/or invasion of privacy cause of action from being brought against Defendants when based upon statements made to law enforcement officers. Hagberg, 32 Cal. 4th at 357. Here, Plaintiffs' second cause of action is based on Plaintiffs' alleged "false police report" and thus, is not legally cognizable. Accordingly, Defendants' motion for judgment on the pleadings as to Plaintiffs' second cause of action is GRANTED with prejudice.
E. Plaintiffs' Third Cause of Action for Conversion
Plaintiffs' third cause of action alleges Defendants took personal property belonging to them and "intentionally concealed the conversion of said personal property to Plaintiffs' loss and detriment." Amended Complaint ¶ 7. On April 3, 2007, Plaintiff Elizabeth Roberts signed a settlement agreement waiving any future claims relating to her interests arising out of the Last Will of Robert E. Roberts, including personal property. Defendants argue Plaintiff Elizabeth Roberts is barred from raising a claim for conversion of said personal property by the settlement agreement.
"[A] valid compromise agreement has many of the attributes of a judgment and, in the absence of showing of fraud or undue influence, is decisive of the rights of the parties thereto and operates as a bar to the reopening of the original controversy." Shriver v. Kuchel, 113 Cal. App. 2d 421, 425 (Cal. Ct. App. 1952). Here, there is no evidence of fraud or undue influence, thus the Court will enforce the settlement agreement and will not permit Plaintiff Elizabeth Roberts to maintain any claim relating to personal property arising out of the Last Will of Robert E. Roberts. Notably, Plaintiffs do not dispute the terms of the settlement agreement. Rather, Plaintiffs merely argue that a 2005 tax refund did not pass through Robert E. Roberts Last Will and thus, the alleged conversion of the tax refund for tax year 2005 is not barred by the settlement agreement.
Plaintiffs however, have not alleged in their Amended Complaint any facts that suggest a federal tax refund for tax year 2005 exists, nor have Plaintiffs alleged any facts that suggest Defendants are withholding from Plaintiffs a tax refund. Rather, the facts before the Court show that Defendants, acting as co-executors of the estate of Robert E. Roberts, filed a tax return for the decedent and paid taxes for the decedent, as required by the IRS regulations. There are no facts to support Plaintiffs' claim for conversion. The Court cannot assume that the Plaintiffs "can prove facts which [they have] not alleged or that the defendants have violated the . . . laws in ways that have not been alleged." Associated Gen. Contractors of Calif., Inc. v. Calif. State Council of Carpenters, 459 U.S. 519, 526 (1983). Accordingly, the Court refuses to allow Plaintiffs to maintain a conversion claim for personal property when no facts supporting the claim exist. As such, Defendants' motion for judgment on the pleadings as to Plaintiffs' third cause of action is GRANTED with prejudice.
E. Plaintiffs' Fourth Cause of Action for Interference With Contract
Plaintiffs' fourth cause of action alleges that Defendants filed "'dubious' 2005 calendar year tax returns with the Internal Revenue Service and State of California, Franchise Tax Board, which amounted to an interference with contract." Amended Complaint ¶ 8. Defendants argue Plaintiffs have not and cannot allege any evidentiary support for an intentional interference with contract claim.
The essential elements of a claim for interference with contract are: (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of the contract; (3) defendant acted intentionally to induce breach or disruption of the contractual relationship; (4) an actual breach or disruption of the contractual relationship; and (5) resulting damages. Pacific Gas & Electric Co. v. Bear Sterns & Co., 50 Cal 3d 1118, 1126 (Cal. 1990).
Here, Plaintiffs have not alleged that a contract existed nor have they provided any legal authority for the proposition that filing a tax return is a contract. Defendants filed a tax return for the tax year 2005 with the IRS as required by Federal Regulations and their duties as co-executors of the Estate of Robert E. Roberts. Plaintiffs have failed to offer any factual support or legal basis for a claim for interference with contract. As such, the Court GRANTS Defendants' motion for judgment on the pleadings as to Plaintiffs' fourth cause of action with prejudice.
F. Defendants' Rule 11 Motion for Sanctions
Pursuant to Federal Rule of Civil Procedure 11, Defendants ask this Court to impose sanctions upon Plaintiffs and their counsel, James Ireijo. Defendants argue that all four of Plaintiffs' causes of action violate Rule 11 as they are brought for an improper purpose. Fed. R. Civ. P. 11(b)(1). In addition, Defendants argue all of Plaintiffs' claims for relief violate Rule 11(b)(2) because the claims are not warranted by existing law. Finally, Defendants ask for sanctions pursuant to 11(b)(3) with regard to Plaintiffs' fourth claim for interference with contract because there is no legal basis for relief based on the facts. (Doc. # 26.)
Although the Court has decided to dismiss this action, it does not find that Rule 11 sanctions are warranted in this case. The Court finds that: (1) Plaintiffs' Amended Complaint was not filed for an improper purpose; (2) Plaintiffs' claims were not so frivolous as to justify an award of sanctions under Rule 11 (b)(2); and (3) While Plaintiffs' factual contentions were weak, particularly with respect to the interference with contract claim, Rule 11(b)(3) sanctions are also not appropriate in this case. There is little doubt that this lawsuit did not have much merit when it was filed and dismissal, in and of itself, under Rule 12 (c) is a severe sanction. The Court sees no reason to add an additional monetary sanction under Rule 11 and, therefore declines to do so. As such, Defendants' motion for sanctions is DENIED.
For the above reasons, Defendants' motion for judgment on the pleadings is GRANTED with prejudice, and Defendants' motion for sanctions is DENIED.
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Substitute 3 fresh beets (1/2 lb./225 g), peeled, cooked and sliced, for the sliced canned beets.
Cut off beet tops, leaving 1 inch of the stem on each beet. Wash beets thoroughly. Carefully add to large saucepan of boiling water; cover and simmer 30 to 40 min. or until tender. Cool slightly. Wearing disposable gloves, peel warm beets under cool running water.
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I make this salad for my Christmas dinner some years. It is always a hit and is so colorful and not too heavy so it goes well with the turkey and stuffing etc. I also like the red and orange coloring for Christmas and the flavors are rather festive too. I'm making it again this year.
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