text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
February 1, 2013
UNITED STATES OF AMERICAv.STEVEN NORTHINGTON
Presently before the Court is Defendant Steven Northington's Motion to Strike Government Notice of Intention to Admit Other Act Evidence Pursuant to Federal Rule of Criminal Procedure [sic] 404(b). (ECF No. 910.) For the following reasons, Defendant's Motion to Strike will be denied.
I. BACKGROUND*fn1
On May 9, 2012, a federal grand jury returned a seventeen-count Fourth Superseding Indictment (the "Indictment") charging Defendant Steven Northington with: conspiracy to participate in the affairs of a racketeering ("RICO") enterprise, in violation of 18 U.S.C. § 1962(d) (Count 1); two counts of murder in aid of racketeering, in violation of 18 Pa. Cons. Stat. § 2502(a), 306 and in violation of 18 U.S.C. § 1959(a)(1), (2) (Counts 5, 7); and tampering with a witness, in violation of 18 U.S.C. § 1512(a)(1)(A) (Count 8). (Fourth Superseding Indictment, ECF No. 480.)*fn2 Defendant was charged along with three co-defendants, Kaboni Savage, Robert Merritt, and Savage's sister, Kidada Savage. Lamont Lewis was also charged in the First Superseding Indictment. The charges against Lewis were disposed of by guilty plea on April 21, 2011.
The charges against Defendant arise out of a long-standing RICO drug conspiracy that was supported by murder and witness intimidation. The Government alleges that all four Defendants were members of a regional criminal organization, which was based in North Philadelphia and was known as the Kaboni Savage Organization ("KSO"). (Indictment 5.) From late 1997 through April 2010, the members of this racketeering enterprise conspired and agreed to distribute large quantities of controlled substances, to commit murder and arson, and to tamper with, and retaliate against, witnesses who had testified, or were about to testify, against the racketeering enterprise or its members. (Id. at 6-8.) The KSO packaged, prepared and distributed cocaine, crack and phencylclidine ("PCP") throughout the greater Philadelphia area, and collected drug proceeds in exchange. The KSO operated drug distribution centers, also known as "drug corners," throughout North Philadelphia and maintained control of these drug corners through a pattern of threats, intimidation, violence and murder. (Id. at 5.) The KSO was also committed to maintaining, preserving, protecting and expanding its power, territory, and profits. (Id. at 6.) It did this by tampering with and retaliating against Government witnesses and their families through the use of threats, intimidation, violence, and murder. (Id.)
On October 9, 2004, six people, including four children, died as a result of arson at a home located at 3256 North Sixth Street, Philadelphia, Pennsylvania. The Indictment alleges that Kaboni Savage and Kidada Savage solicited and ordered Lewis and Merritt to set fire to the home of Eugene Coleman, a former associate of Savage. (Indictment 21-23.) Kaboni Savage believed that Coleman was cooperating with the Government and planned to testify against him in his 2005 federal drug conspiracy trial.*fn3 The firebombing took the lives of Coleman's mother, infant son, and four other relatives. The Government intends to show at trial that the firebombing was ordered by Savage in order to intimidate Coleman and prevent him from testifying against him at the 2005 drug conspiracy trial.
The Indictment further alleges that, in support of the KSO, Defendant murdered Barry Parker on February 26, 2003. (Id. at 42.) On April 27, 2007, Defendant was found guilty of the murder in the Court of Common Pleas of Philadelphia County, and sentenced to life in prison. On March 1, 2004, Defendant is alleged to have murdered Tybius Flowers in order to prevent Flowers's attendance and testimony at Kaboni Savage's trial for the murder of Kenneth Lassiter in the Philadelphia County Court of Common Pleas. (Id. at 44-45.)
The evidence in question relates to Defendant's arrest on September 8, 2004 on East Wyoming Avenue and B Street in North Philadelphia. Prior to his arrest, on May 20, 2004, a grand jury returned an indictment charging Kaboni Savage, Defendant, and others with conspiracy to distribute cocaine and crack cocaine, money laundering, firearms offenses, and intimidation of witnesses. (Gov't's Notice 2.) After the indictment was unsealed, federal agents arrested Kaboni Savage, but could not locate Defendant to arrest him. (Id.) A month later, on June 20, 2004, the Government recorded a phone call between Kaboni Savage and Kidada Savage, which the Government claims involved a message to Defendant that he "better go ahead" and "get on that." (Id.) Three months later, after being recognized by a law enforcement official, Defendant was arrested during a speeding stop in North Philadelphia. He was driving with a can of gasoline, latex gloves, and a loaded nine millimeter semi-automatic handgun. (Id. at 3.)
After Defendant was arrested on the federal drug conspiracy charges and after the trial in 2005, Defendant was found guilty of conspiracy to manufacture and distribute cocaine and firearms possession. Defendant was sentenced to a term of imprisonment of two hundred thirty-five months. On March 14, 2011, the Government filed a Notice of Intent to Seek the Death Penalty against Kaboni Savage, Robert Merritt, and Defendant. (ECF Nos. 196, 197, 198.)
On December 17, 2012, the Government filed a Notice of Potential Prior Bad Acts Evidence Pursuant to FRE 404(b). (Gov't's Notice, ECF No. 828.) On January 16, 2013, Defendant filed a Motion to Strike. (Def.'s Resp., ECF No. 910.)
A. Parties' Contentions
The Government seeks to introduce evidence related to Defendant's arrest on September 8, 2004, which it argues is direct proof of the existence and operations of the KSO. (Gov't's Notice 1.) The Government maintains that the evidence it intends to introduce is direct and intrinsic evidence of the charged conspiracy and not Rule 404(b) prior bad acts evidence. (Id. at 3.) As discussed infra, intrinsic evidence does not require notice and is admissible pursuant to a Rule 403 analysis. In the alternative, the Government argues that the circumstances surrounding Defendant's arrest are admissible under Rule 404(b) as evidence of a plan, a common KSO goal, and the relationship between Kaboni Savage, Kidada Savage, and Defendant. (Id. at 8-9.) In response, Defendant argues that the evidence is inadmissible extrinsic, prejudicial prior bad act evidence. (Def.'s Resp. 8, 11.)
B. Legal Standards
The admissibility of evidence at the guilt phase of the trial is governed by the Federal Rules of Evidence. Specifically, when considering the admission of prior bad acts, Rules 404(b) and 403 apply. See United States v. Vega, 285 F.3d 256, 261 (3d Cir. 2002) (applying Rules 404(b) and 403 and finding that district court's decision to admit evidence of prior uncharged conspiracy was proper and not unduly prejudicial).
1. Rule 404(b)
Under the Federal Rules of Evidence, "[e]vidence of a crime, wrong or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character. This evidence may be admissible for another purpose . . . ." Fed. R. Evid. 404(b). Parties may not introduce "evidence of extrinsic acts that might adversely reflect on the actor's character, unless that evidence bears upon a relevant issue in the case such as motive, opportunity, or knowledge." Huddleston v. United States, 485 U.S. 681, 686 (1988). The spirit of Rule 404(b) is inclusionary and, as such, the Rule favors admissibility. See United States v. Long, 574 F.2d 761, 765-66 (3d Cir. 1978) (discussing "exclusionary" and "inclusionary" approaches of different circuits prior to adoption of Rule 404(b)). The purpose of Rule 404(b) is "simply to keep from the jury evidence that the defendant is prone to commit crimes or is otherwise a bad person, implying that the jury needn't worry overmuch about the strength of the government's evidence." United States v. Taylor, 522 F.3d 731, 735 (7th Cir. 2008) (internal citation omitted).
If the evidence to be admitted is deemed extrinsic under Rule 404(b), we must determine whether the evidence satisfies a four-part standard for admissibility. See United States v. Green, 617 F.3d 233, 239-45 (3d Cir. 2010) (providing comprehensive history of treatment of bad character evidence in British and American legal systems); see also United States v. Butch, 256 F.3d 171, 175-76 (3d Cir. 2001) (citing United States v. Mastrangelo, 172 F.3d 288, 294 (3d Cir. 1999)). To be admissible under Rule 404(b), evidence must: (1) have a proper evidentiary purpose; (2) be relevant under Federal Rule of Evidence 402*fn4 ; (3) contain a probative value that outweighs its prejudicial effect under Federal Rule of Evidence 403 (discussed infra); and (4) be accompanied by an appropriate limiting instruction.*fn5 See Huddleston, 485 U.S. at 691-92; United States v. Scarfo, 850 F.2d 1015, 1019 (3d Cir. 1988) (applying Huddleston four-part test in the Third Circuit).
This analysis need not be performed for evidence that is intrinsic to, or part of the charged offenses. Green, 627 F.3d at 245; see also United States v. Haas, 184 F. App'x 230, 234 (3d Cir. 2006) (noting that intrinsic evidence is exempt from a Rule 404(b) analysis).*fn6 Most Circuits define intrinsic evidence as evidence that is "inextricably intertwined" with the charged offense. See, e.g., United States v. Clay, 667 F.3d 689, 697 (6th Cir. 2012); United States v. Basham, 561 F.3d 302, 326 (4th Cir. 2009); United States v. DeGeorge, 380 F.3d 1203, 1219-20 (9th Cir. 2004); United States v. Carboni, 204 F.3d 39, 44 (2d Cir. 2000); Bowie, 232 F.3d at 927-29. The Third Circuit Court of Appeals has renounced the "inextricably intertwined" standard, finding it "vague, overbroad, and prone to abuse . . . ." Green, 617 F.3d at 249.
In the Third Circuit, evidence is intrinsic if it fits into either of two narrow categories. Evidence is intrinsic if it directly proves the charged offense. Id. (citing United States v. Cross, 308 F.3d 308, 320 (3d Cir. 2002) (finding that appellant's involvement in price-fixing scheme was outside the civil rights conspiracy and subject to a Rule 404(b) analysis)); see also United States v. Bobb, 471 F.3d 491, 497-98 (3d Cir. 2006) (finding that district court's admission of uncharged assault evidence by the defendant was proper where it was direct evidence of his participation in and enforcement of conspiracy to distribute crack and cocaine); United States v. Benjamin, 125 F. App'x 438, 441 (3d Cir. 2005) (affirming district court ruling regarding intrinsic nature of uncharged evidence of fraud); United States v. Gibbs, 190 F.3d 188, 218 (3d Cir. 1999) (finding no abuse of discretion where district court admitted evidence of the defendant's use of violence to further the illegal objectives of a cocaine conspiracy by removing threats to himself); United States v. Vas, No. 09-370, 2010 WL 3169293, at *2 (D.N.J. Aug. 10, 2010) ("[F]ind[ing] that evidence of the origins of the defendants' campaign contribution scheme can be used to 'directly prove' the charged offense."). Such evidence of uncharged misconduct, which directly proves the charged offense, is not evidence of some "other" crime. Green, 617 F.3d at 249 (citing Gibbs, 190 F.3d at 218).
In addition, evidence is intrinsic is if it constitutes "'uncharged acts, which are committed contemporaneously with the charged crime' that 'facilitate the commission of the charged crime.'" United States v. Shelow, No. 10-0037, 2011 WL 6130974, at *3 (E.D. Pa. Dec. 9, 2011) (quoting Green, 617 F.3d at 249).
We conclude that the evidence of the circumstances surrounding Defendant's arrest is intrinsic evidence, as that evidence directly proves the charged RICO conspiracy offense. "The Court may not exclude intrinsic act evidence 'because it is proof of the ultimate issue in the case.'" United States v. Johnson, 262 F.R.D. 410, 415 (D. Del. 2009) (quoting Gibbs, 190 F.3d at 218)). Here, the circumstances surrounding Defendant's arrest may very well prove the charged conduct of conspiracy to participate in the affairs of a RICO enterprise. The Indictment alleges that Defendant was a member of the KSO from at least as early as late 1997 through on or about April 21, 2010. (Indictment 1.) The grand jury alleged that "[t]he KSO was an organization dedicated to committing drug trafficking offenses and violent crimes, including murder, arson, money laundering, the use and carrying of firearms during and in relation to violent crimes and drug trafficking crimes, witness tampering, retaliation against witnesses, and assault and battery." (Id. at 6.) The conduct at issue here was not listed as on overt act, but that does not mean it is not intrinsic to the charged conspiracy. See United States v. Holck, 398 F. Supp. 2d. 338, 373 (E.D. Pa. 2005) ("Moreover, the Government in proving overt acts in a conspiracy is not limited by the specific acts listed in the indictment."); see also United States v. Schurr, 794 F.2d 903, 908 (3d Cir. 1986) ("It is well settled that the government can prove overt acts not listed in the indictment, so long as there is no prejudice to the defendants thereby."); United States v. Mitan, No. 08-760, 2009 WL 3169119, at *11 (E.D. Pa. Sept. 23, 2009) (same).
As of the date of Defendant's arrest, September 8, 2004, Defendant was a well-known member of the KSO who had previously murdered Barry Parker in a drug territory related slaying at the behest of Kaboni Savage. When arrested, Defendant was a fugitive evading arrest on the federal drug conspiracy charges of which he would later be convicted. (Gov't's Notice 2.) On the night in question, he was with his cousin, traveling in a rental car, in his own neighborhood, only two miles from Eugene Coleman's home. (Id.)*fn7 When he encountered the police, Defendant provided false identification under the name of "Darnell Doss." (Gov't's Notice 3.) In the car, Defendant and his cousin had a loaded nine millimeter semi-automatic handgun, a full can of gasoline, and a bag of latex gloves. (Id.) The Government links an intercepted call between Kaboni Savage and Kidada Savage from June 20, 2004, which reflects Kaboni Savage telling his sister to ensure that "he better go ahead" and "tell him to get on that." (Id. at 2.)
We conclude that this circumstantial evidence is relevant and it may be admitted at trial. See Huddleston, 485 U.S. at 688 (finding that the Government need not prove an act occurred by a preponderance of the evidence as "mandating a preliminary finding by the trial court that the act in question occurred not only superimposes a level of judicial oversight that is nowhere apparent from the language of that provision, but it is simply inconsistent with the legislative history behind Rule 404(b)"). If we were to remove this issue from the evidence before it is considered by the jury, we would be usurping the jury's role. See United States v. Dillon, 532 F.3d 379, 391 (5th Cir. 2008) ("Rule 104(b) does not require corroboration. It only requires that the district court consider the witness's testimony and determine that a reasonable jury could [make the required] find[ing] by a preponderance of the evidence . . . ."). To reach the conclusion that on the night of his arrest, Defendant was driving to firebomb Coleman's home, one must conditionally find that the June 20, 2004 phone call was a coded message relayed from Kaboni Savage to Kidada Savage to instruct Defendant to retaliate against Coleman and his family. When dealing with issues of relevance based on conditional facts, Federal Rule of Evidence 104(b) requires a court to examine the proffered evidence and determine whether a jury could reasonably find the conditional fact by a preponderance of the evidence. Huddleston, 485 U.S.at 689-90 (citing Fed R. Evid. 104(b)). We find that such a conclusion is reasonable based on the evidence to be admitted by the Government.
Defendant objects on a number of grounds. Defendant contends that the June 20, 2004 call never mentions the name "Steven Northington" and refers only to someone with the moniker of "Dollar Sign," which has never been attributed to Defendant. (Def.'s Resp. 4.) Because of this, and what Defendant argues is a manipulative and selective use of quotations from the transcript, Defendant maintains that there is no context for the call and no reason why a Government witness would be able to opine that the call was setting up an attack on the Coleman home through Defendant. (Id. at 4, 5.) Furthermore, Defendant contends that the conversation cited by the Government involves another individual, named Raymond Wilmore, to whom the statement "tell her he better go ahead man" was directed. (Id.) Defendant may challenge the Government's interpretation of this call, and others, at trial. As with a number of the recordings involved in this case, witnesses will be able to provide context during their trial testimony. As it presently stands, the proffer from the Government is sufficient to establish the connection between the call, Defendant's conduct, and the charged offenses.
Defendant argues that on July 22, 2004, a recording reflects Kaboni Savage telling Kidada Savage to encourage Lamont Lewis to "get on it." (Def.'s Resp. 6.) Defendant contends that the Government interprets this conversation to mean that Kaboni Savage was parlaying a message to Lamont Lewis through Kidada Savage to firebomb the Coleman home. (Id.) If that is the meaning of language in question from the July 22, 2004 interception, it would be consistent with the Government's interpretation of the key language from the June 20, 2004 call. The Government's theory is circumstantial, but a reasonable jury could find these facts by a preponderance of the evidence, and if it did, it would be highly probative and directly prove the charged conspiracy.
Even if one were to conclude, however, that the events at issue here were not intrinsic acts, they would still be admissible pursuant to Rule 404(b)(2). Rule 404(b) evidence must have a proper evidentiary purpose, which means "one that is probative of a material issue other than character." United States v. Hornick, No. 10-2461, 2012 WL 2550476, at *11 (3d Cir. July 3, 2012) (slip opinion) (internal quotation marks omitted) (finding evidence of prior arrest and confession of the defendant as propr evidence of motive and a distinctive method of operation). Both parties cite to United States v. Green. In Green, the Third Circuit found that the Government's admission of evidence of the defendant's threat to kill an undercover New Jersey police officer was proper pursuant to Rule 404(b), as the evidence served at least two proper purposes: (1) the evidence of the threat provided background information to the finder of fact that completed the story of the crime; and (2) it established the defendant's motive. Green, 617 F.3d at 250. Evidence that establishes relationships between co-defendants and provides background information is admissible at Rule 404(b) evidence. See United States v. Corbin, No. 10-352, 2011 WL 2110831, at *2 (E.D. Pa. May 26, 2011) (finding that the defendants' prior gunpoint robberies of drug dealers were admissible to establish the relationships between the defendants and to explain the background of the conspiracy).
The evidence surrounding Defendant's arrest serves a number of proper evidentiary purposes. If the Government's understanding of the events is accurate, Kaboni Savage had communicated a hit on a witness and his family by way of his sister, Kidada Savage, to Defendant. That hit was to be carried out through a fire-bombing of a Government witness' home. This evidence would establish the relationship between the co-Defendants, the nature and background of the RICO conspiracy, motive for retaliation against Government witnesses and their families, the nature of their plan, and, considering that the fire-bombing of this particular witness' home eventually happened in this manner, a distinctive method of operation and absence of mistake. See United States v. Sriyuth, 98 F.3d 739, 747 n.12 (3d Cir. 1996) (holding that motive is a proper purpose "[b]ecause motive is always relevant in a criminal case").
By providing notice of this evidence over a month before trial, we conclude that the Government provided proper notice pursuant to Rule 404(b).
2. Rule 403
As discussed above, regardless of whether prior act evidence is deemed extrinsic or intrinsic, to be admissible, it must survive a Rule 403 analysis. Bowie, 232 F.3d at 927. Under Federal Rule of Evidence 403, "[t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice; confusing the issues; misleading the jury; undue delay; wasting time; or needlessly presenting cumulative evidence." Fed. R. Evid. 403. District courts are empowered with broad discretion to determine whether evidence should be excluded under Rule 403. United States v. Pelullo, 14 F.3d 881, 888 (3d Cir. 1994). In performing its analysis, the court is to "appraise the genuine need for the challenged evidence and balance that necessity against the risk of prejudice to the defendant." Id. (quoting Gov't of the Virgin Islands v. Archibald, 987 F.2d 180, 186 (3d Cir. 1993)). The prejudice that the court is to measure is "unfair prejudice . . . based on something other than [the evidence's] persuasive weight." United States v. Bergrin, 682 F.3d 261, 279 (3d Cir. 2012) (alteration in original) (quoting United States v. Cruz-Garcia, 344 F.3d 951, 956 (9th Cir. 2003)).
As for a Rule 403 analysis, Defendant argues that the evidence is prejudicial and cumulative. With regard to intrinsic evidence, "[e]ven if the evidence is extremely prejudicial to the defendant, the court would have no discretion to exclude it because it is proof of the ultimate issue in the case." United States v. Hoffecker, 530 F.3d 137, 189 (3d Cir. 2008) (internal quotations omitted). Even if the evidence proffered by the Government is Rule 404(b) evidence, we follow the guidance of the Third Circuit Court of Appeals in finding that "Rule 404(b) evidence is especially probative when the charged offense involves conspiracy . . . [and] the Government has broad latitude to use 'other acts' evidence to prove a conspiracy." Cross, 308 F.3d at 324 (citing United States v. Mathis, 216 F.3d 18, 26 (D.C. Cir. 2006)) (internal citations omitted).
The evidence proffered is highly probative. The underlying conduct occurred within North Philadelphia, near witness Coleman's home, involved an order from Kaboni Savage to a member of the KSO by way of his sister, occurred during the pendency of the KSO's control over areas of North Philadelphia, and the conduct was in support of the objectives of a drug organization, including targeting a Government witness and his family. Despite the risk of prejudice here, we observe that "[w]hen evidence is highly probative, even a large risk of unfair prejudice may be tolerable." United States v. Lewis, No. 07-258, 2009 WL 1307458, at *13 (W.D. Pa. May 8, 2009) (citing Cross, 308 F.3d at 323).
To mitigate the risk of unfair prejudice, we will consider a request for an appropriate limiting instruction to the jury.
For the foregoing reasons, Defendant's Motion to Strike Government Notice of Intention to Admit Other Act Evidence Pursuant to Federal Rule of Criminal Procedure 404(b) must be denied.
An appropriate Order will follow.
R. Barclay Surrick U.S. District Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text: New Coupons: Coast, Hormel Compleats & Others This post may contain affiliate links. Please see my full disclosure policy for details. February 10, 2012 By Tracie +1 Tweet Share PinShares 0 Load the printer with paper and get ready to grab these newest coupons before they are gone: $1/2 Coast Bar Soaps or Body Washes $1/2 Hormel Kids Compleats Meals $1/2 Hormel Compleats Meals $1/1 People Magazine +1 Tweet Share PinShares 0 No related posts.

subset: commoncrawl


text:
RIPON – Developers for Colony Plaza are hoping to build out the commercial area in the next five years.
The Valley Lode District Garden Cubs will meet on Valentine's Day at the Chez Shari restaurant in the Manteca Golf Course on North Union Road. Playing host to this district meeting are the members of the Manteca Garden Club.
There was a time just six years ago that builders willingly paid up to $17,000 extra just to assure they could connect to the Manteca municipal sewer system when they got ready to build a home.
Manteca native Lucille Harris has made a difference in her nearly 80 years in Manteca using her gift of writing persuasive letters to get the attention of leaders in government and judicial circles to step up to the plate and do what's right.
Manteca's anemic new home housing market is showing signs of returning to its "normal" vitality.
It isn't uncommon for Sierra High junior Alex Sakata to spend upwards of 10 hours each week practicing various pieces of music on his trumpet.
Come 2015 San Francisco 49ers faithful in Manteca could literally walk to the games.
RIPON - Graelyn Pope had thought that the annual Soroptmist International of Ripon Almond Blossom Fashion Show would be the event she'd have the most fun with as an Almond Queen candidate.
Volunteers are needed Saturday to pick low hanging fruit to help feed struggling families.
RIPON - Ripon Community Athletic Foundation (RCAF) is breaking ground on the Ripon High stadium upgrade on May 25.
RIPON - The Ripon Grange's 50th Annual Almond Blossom Pancake Breakfast is Saturday, Feb. 25, from 6 to 11 a.m. at the Grange Hall at 827 Ripona Ave.
Adele is the rare star who doesn't need multiple magazine covers, a cosmetics contract or a clothing line to sell albums. She does it all based on the strength of that sumptuous voice and those stirring songs.
STOCKTON – The San Francisco Gay Men's Chorus, under the artistic direction of conductor Timothy Seelig, will be performing in concert at Central United Methodist Church, 3700 Pacific Avenue, on Saturday, March 10, at 7 p.m. to benefit the AIDS Walk San Joaquin.
Efforts to put home-buying families into Manteca foreclosures will get a boost in the coming months from the Neighborhood Assistance Corporation of America.
LATHROP – All that Dale Upshaw wants is a little bit of pavement.
Page 505 of 930
The largest residential development so far in Manteca history - and one that is slowly changing the city's demographics -is the progression of an idea ...
The annual "Taste of Ripon" 21st annual event brought out the excitement of the holidays with couples and small groups strolling through the downtown enjoying ...
A stretch of Mulholand Drive in Ripon was recently repaved.
Scott Heaton and his City of Manteca crew added a new touch to lighting up the city Christmas tree.
Manteca's first industrial employer wasn't Spreckels Sugar.
The San Joaquin Regional Transit District (RTD) compares favorably with other forms of transportation in the county, RTD spokesman Nate Knott told Manteca Rotarians at ...
Manteca's city manager Elena Reyes, after serving only a four-month tenure in her new position, has been placed on paid administrative leave, according to ...
The names on the sheets of paper posted outside of Doctor's Hospital of Manteca Wednesday night told a story.
It was the scene of a runaway driver on Sallie O Drive at 10 p.m. Tuesday night when a DUI driver's wild but ...
Ed Powers was a 24-year-old when he arrived in Manteca with a dream.
LATHROP – The City of Lathrop is giving every Lathrop resident behind on their water bill a Christmas present this year.
A traditional end-of-watch funeral service for Ripon Battalion Chief David Luis is being held Friday at 9 a.m. at the P.L. Fry and ...
LATHROP – While the economic downtown may have hit Lathrop harder than most, all signs are pointing towards a city that will recover strotnger than it ...
Volunteers exclusively answered fire alarms in Manteca up until 52 years ago.
The number of community events that have been organized to benefit the families of two brothers who were killed over a week ago in a ...
Page 3 of 16
Contents of this site are © Copyright 2016 Manteca Bulletin - All Rights Reserved
Privacy policy and Terms of service | Contact Us


text:
Falcon Manor
Skipton Road, Settle, BD24 9BD, GB
Select your stay dates to check availability
Falcon Manor
About the hotel
Property Location
When you stay at Falcon Manor in Settle, you'll be within the vicinity of Malham Cove. This hotel is within the region of White Scar Caves and White Scar Cave.
Stay in one of 16 guestrooms featuring flat-screen televisions. Complimentary wireless Internet access is available to keep you connected. Conveniences include coffee/tea makers, and cribs/infant beds can be requested.
Make use of convenient amenities, which include complimentary wireless Internet access and wedding services.
Enjoy a satisfying meal at a restaurant serving guests of Falcon Manor. Quench your thirst with your favorite drink at a bar/lounge.
Business, Other Amenities
Free self parking is available onsite.
Hotel Facilities
- Wedding services
- Free WiFi
- Free self parking
- Bar/lounge
- Total number of rooms - 16
- One meeting room
- Restaurant
- Luggage storage
- Smoke-free property
Room Facilities
- Private bathroom
- Flat-panel TV
- Coffee/tea maker
- Free WiFi
- Shower only
- Cribs/infant beds available
Hotel Policy
Know Before You Go
- Guests can arrange to bring pets by contacting the property directly, using the contact information on the booking confirmation.


text:
April 21, 2014 - Industry News
The U.S. Transportation Department's Pipeline and Hazardous Materials Safety Administration is taking comments on two applications from the American Trucking Associations claiming hazardous materials laws in two cities are unfair.
Tags: Regulations, New York City, PHMSA, City of Pittsburgh, U.S. Department of Transportation, U.S. DOT, Safety & Compliance, Hazmat
We offer e-newsletters that deliver targeted news and information for the entire fleet industry.
The expert, Shawn Whitacre from Chevron Delo, will answer your questions
The expert, Steve Carlson from Xantrex, will answer your questions
The expert, Brian Fletcher from Eaton, will answer your questions
On the Spot: Drive the Future With Volvo's SuperTruck [Video]
Highlights From ATA Management Conference & Exhibition [Video]
Navistar's Las Vegas LT Series Launch Presentation [Video]
Test Drive Preview: Freightliner's 2018 Cascadia [Video]
Power Converter Features Waterproof Design
Tool Caddy Can Store 100 Pounds of Gear
Trailer Slick Plate Requires No Grease
AutoSock Fits Wide Base Single Tires


text:
Gar Pond is a 6 mile loop trail located near White Springs, FL. The trail is primarily used for mountain biking.
mountain biking
5 months ago
I love it!
mountain biking1 year ago
My husband loves this trail! He said its his favorite in the area.
mountain biking3 years ago
Good Trail . Had great ride on it . Will come back
hiking5 years ago
Gar Pond had easy flowing trails, nothing too tech though!
Great for beginners & well kept!


text:
>> Hotel Steel CityPrint this page
Hotel Steel City
Nandini Road, Bhilai, Chhattisgarh - 490 011
Starting from Rs. 2,653
Choose Dates
Choose Dates
Hotel Steel City, Bhilai - Overview
Hotel Steel City is elegantly framed to meet the hi-end needs of business and leisure explorers. This budget hotel in Bhilai hotel accommodates its guests in spacious and nicely designed rooms. Healthy breakfast service, quick laundry/dry cleaning facility, Wi-Fi, 24-hour front desk for assistance and many such modern facilities are available here.
No. of Rooms :15
24 hr check-in/check-out policy.
24 hr check-in/check-out policy.
This hotel allows you to check in at anytime on your check-in date. You can also check-out at the same time on your check-out date.
Check availability for Hotel Steel City, Bhilai
Why book with Travelguru?
- 36,000+ Hotels covering 790+ cities in India
- 4,30,000+ Hotels across the world
- No cancellation fee!!
- Guaranteed refund in 5 days
- Lowest Prices Guaranteed
Hotel Steel City, Bhilai - Rooms & Price
|Room Type
|Deals and Promotions
|Total Price
|Non A/c Single Room
|Room only
|1 0
|Rs. 2,653
|Choose Dates
Close Detail
|Non A/c Double Room
|Room only
|2 1
|Rs. 3,538
|Choose Dates
|A/c Single Room
|Room only
|1 0
|Rs. 3,980
|Choose Dates
Close Detail
|A/c Double Room
|Room only
|2 1
|Rs. 4,422
|Choose Dates
Hotel Steel City, Bhilai - Amenities
- Airport transportation
- Breakfast Services
- Front desk
- Internet Access
- Laundry facilities
- Luggage storage
- Medical services
- Newspaper
- Parking
- Room service
- Attached Bathroom
- Desk
- H/C running water
- Makeup mirror
- Premium TV channels
- Wakeup-calls


text:
Active Mesh Panel Hoodie Black
Missguided Active is here. Empowering and confident, we're not here to be average, we're here to make you look awesome and encourage you to train insane with our brand new and exclusive sportswear collection. Fashion meets function with body-hugging sports bras, cut-out detail hoodies and cosmic print gym leggings. So squat now? It's time to bring your A-game.
Product number: B1500312
You've already saved this to your wish list


text:
Kym Gable
Kym Gable joined the KDKA News Team in 2006 as a part-time reporter. She can also occasionally be seen behind the anchor desk on weekends.
Before coming to KDKA, Kym worked at FOX 53 in Pittsburgh and in her hometown of Wheeling, W. Va. as an anchor at WTOV.
She is a member of the non-profit organization Women In Film and Media, where she mentors young women in the broadcasting industry.
Kym likes to refer to herself as a "story-teller." She makes it a goal to gain the trust of her interview subjects and give viewers a unique perspective of the big story of the day.
Kym lives in the South Hills with her husband and twin daughters. She volunteers and teaches CCD at her church, St. Joan of Arc, and is active in her school's PTO organization. Kym also volunteers her time supporting many charity organizations throughout Pittsburgh.
Kym has an extensive dance and theater background, and still enjoys taking dance classes at the studio her children attend.
She has training in the martial arts, in the Goju ryu style of karate.
Always thrilled by getting "that great deal," Kym considers herself an expert bargain-shopper and coupon-clipper and loves sharing her saving secrets with others.
She graduated Magna Cum Laude from West Liberty University.
Leechburg School Board Decides Not To Renew Contract Of Boys' Basketball Coach
Leechburg School officials have decided not to renew the contract of boys' basketball coach.
Family Of Pipeline Burn Victim: 'It's Just Been [A] Horrible' Experience
The family of the young man who was severely burned in last month's Westmoreland County gas pipeline explosion spoke to the media.
Leechburg Police: Substitute Teacher Investigated For Inappropriate Contact Allegations
The Leechburg Police Department is investigating allegations of inappropriate contact between a substitute teacher and several students.
Jail Escapee Found Guilty Of Murder, Facing Mandatory Life Sentence
A man accused of escaping from jail and murdering Tammy Long was found guilty Thursday.
Salem Twp. Residents Demand Answers About Pipeline Explosion
Hundreds of worried Westmoreland County residents demanded answers Wednesday evening during a meeting about last month's massive gas pipeline explosion near their homes.
People Rally For Fight Against Heroin In Washington
Heart-wrenching stories of loss and incredible stories of survival were front and center at the 5th Annual Fight Against Heroin March and Rally in Washington, Washington County.
School Bus Driver Accused Of Yelling Obscenities At Special Needs Student
A Ross Township mom says she is heartbroken and outraged after her daughter's bus driver reportedly yelled obscenities at the 10-year-old.
Meadows Casino Cited For Sending Promotional Mail To Gambling Addicts
What many consider a simple or harmless bet at the poker table or slot machine could be a destructive and crippling force for a gaming addict.
Highlands Teachers To Return To Class Following Strike
Striking teachers in the Highlands School District are being forced back to the classroom Tuesday.
Victims Of Wilkinsburg Mass Shooting Remembered At Vigil
The victims of a mass shooting in Wilkinsburg were remembered Tuesday evening at a candlelight vigil.
Greene Co. Family On Mission To Save Daughter, Raise Awareness For Organ Donation
April is Organ Donation Awareness Month, and one local family is on a mission to save their daughter and to educate others about life-saving transplants.
Another Spring Snowfall Prompts Winter Weather Advisory For Region
According to the National Weather Service, a Winter Weather Advisory has been issued for much of our area.
Woman Battling Cancer Surprised With Trip To Disney World
A woman with cancer came to the Oakmont Bakery expecting to help, but instead was surprised with a trip to Disney World.
Police: Thief Breaks Store's Glass, Steals 2 Bicycles From Business
Pittsburgh Police are looking for a man who they say was caught on surveillance video stealing two bicycles from a store in Squirrel Hill.
South Side's Nighttime Economy Coordinator Addresses Concerns Of Residents, Business Owners
New plans on Pittsburgh's South Side are making a big impact on business and public safety.


text:
Jane loses a poker bet and bangs Tony
Tags: amateur anal ass big ass butt pov teens
Teen Claire Heart loves her some football. She makes a bet with Charlie, if her team loses he gets a tug job. When she looses the bet, Charlie whips o
Tags: cum dick handjobs hardcore saggy tits stockings teens
Cute blonde Mae loses a bet for anal sex
Tags: amateur anal babes blondes brunettes close up cute
Mofos - Spicy Latina Loses Bet
Tags: amateur ass big cock big tits latin outdoor pov
cute blond in White silk blouse loses bet and gets fucked on pool table
Tags: babes cute fetish hardcore orgy pool table
Glam eurobabe doublepenetrated after hubby loses bet
Tags: anal babes blowjobs buttfucking european fingering glamour
Tags: anal brunettes double penetration hardcore hd milf threesome
Kayla Quinn - Loses Bet Pays With DP
Tags: big ass big tits blondes double penetration kayla quinn swallow
Naked black men getting physical exam video gay Bo is a talker and he
Tags: amateur black boy gays nude twink
Pinoy gay loud sex Bo is a talker and he tells Ramon how supreme his hand
Tags: college gays twink
She Loses Her Clothes And Loses Control Of Her Fingers
Tags: blondes fingering masturbation solo teens
When she presses the vibrator against her clit she loses her mind
Tags: amateur brunettes clit fingering long hair masturbation reality
Muslim boys amateur straight gay video Ricky is a talker too
Tags: amateur gays handjobs interracial twink
Twink sex JR and Jason are a perfect twinky match in this wi
Tags: amateur gays twink
Free rough gay emo sex vids JR and Jason are a ideal twinky
Tags: emo gays masturbation rough twink
Gay jocks JR and Jason are a flawless twinky match in this b
Tags: blowjobs gays masturbation twink
Dirty Talker
Tags: amateur blondes dirty fetish masturbation milf solo
Dirty Talker loves Rebecca
Tags: dirty masturbation milf
She lost a bet and gives him a blowjob
Tags: amateur blowjobs outdoor
Gay Dude Lost A Bet And Has To Fuck A Girl
Tags: amateur gays riding
Hot Soffie Lost A Bet And Fucks A Male Sex Doll
Tags: big tits blowjobs doll hardcore latin pov toys
Hottie loses a card game and fucks him as a reward
Tags: couple game hardcore hd long hair pornstars
Uncensored She lost a bet and was abused
Tags: abuse amateur anal blowjobs
TrafficHolder.com - Buy and Sell Adult Traffic|Trafficshop.com - Let your business grow|Contact Us|Webmaster
All content, including images, text, graphics, video and audio content contained in the website is protected under the laws of copyright, owned or under license to company or its designees,and represents proprietary and valuable intellectual property.
Contact Webmaster 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Powered by Stream Rotator


text:
- December 2: BMW 6 Series Convertible 'Top Not Locked' Lawsuit Nearly Over news | 2 days ago
- November 29: BMW M3 Rod Bearings Lawsuit Survives Motion to Dismiss news | 5 days ago
- October 28: BMW Recalls Cars Due to Constant Gas Odors recalls | 37 days ago
- October 13: BMW X5 'Comfort Access' Lawsuit Dismissed news | 52 days ago
- October 1: BMW Recall: 'Unusual Damage' Caused by Takata Airbag recalls | 64 days ago
engine Problems
Worst 2003 Z4 engine Problems
Click on a problem below to read more.
- NHTSA: Engine And Engine Cooling: Engine6
- NHTSA: Vehicle Speed Control6
- NHTSA: Engine And Engine Cooling4
one sec.
Stay Up to Date
Compare BMW Z4 Model Years
Curious how the 2003 Z4 compares to other years?
Check out our BMW Z4 overview to see the most problematic years, worst problems and most recently reported complaints with the Z4.


text:
A female figure stands in the foreground of the painting clutching a single flower in her hand. A solitary house occupies the background with a path leading from the house out of the picture plane. What are the thoughts she seems to be holding so dearly? Is she thinking about this place from afar or is she there now, perhaps returning from being away?
This painting has fixings on the back and is ready to hang. It does not require to be framed.
All of my artworks are issued with a Certificate of Authenticity, and they are always well packaged for delivery.
Many of the outer boxes I use to package my artwork are recycled due to the difficulty I have in purchasing new boxes to fit the size of my artworks in a way that best packages them safely. As a result there is no charge for this packaging, and only minimal costs are included in the shipping rate to cover costs for the internal packing materials used, which are new, and for the actual shipping cost.
If you have any questions with regards to this artwork please get in touch and I will get back to you as soon as I can.
Acrylic on board
Acrylic painting by Fiona Jappy
Acrylic paintingby Fiona Jappy
Paintingby Fiona Jappy
Acrylic paintingby Fiona Jappy
Acrylic paintingby Fiona Jappy


text:
DatacenterDynamics Chile
17 Nov
Nov 17 10:00 - 21:00
DCD Chile will bring together senior business, operations and technology professionals from the country's operators of data centre infrastructure and those determining the provisioning of cloud capacity. Come join us!
Join our industry experts at DCD Chile who will explore the next-generation IT foundation technologies and application-optimised, software-defined infrastructure required to deliver IoT, mobile, and big data and analytics requirements for the digital enterprise. Learn more.
DC Events
Share this page


text:
For an ideal user experience, please update your flash player. Click here to download the latest version of Adobe Flash.
I am very sweet and fun loving girl) Welcome to my chat :)crazy
You 've reached the maximum length of this message (140 characters).
I like you
Thank you Mercy. Beautiful. xxxx
Best countdown to cum ever :* love her
very sweet, passionate and gentle girl
so sky, i like
thank you)
You've reached the maximum length of this message (140 characters).
The site contains sexually explicit material. Enter ONLY if you are at least 18 years old and agree to our cookie rules.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
This site is owned and operated by Duodecad IT Services Luxembourg S.à.r.l.
© 2016 LiveJasmin.com - All Rights Reserved!


text:
Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
The picture presents a monster tattooed with communist symbols. He is destroying a city that is equipped with electricity and other modern embellishments of civilizations. People are running for their life. On its face value, the picture can be taken as the criticism of communism. However, associating communism and Jewish origin with destructivity is not a naive gesture at all. It has an evil nature in itself showing hatred and intolerance for others in the society.
The descriptive text for the picture tells us that it is a propaganda poster depicting a stereotyped Jewish communist who is in the act of destroying Germany. Do we need to know more? This shows the hatred one cherishes against the Jew and the communists. This becomes crystal clear that the propaganda poster delineates the anti-Semitic as well as anti-communist mentality of the Nazis while this particular poster makes a caricature of a Jew representing Communism.
The red is emphatically focused in the picture with the help of some search lights projecting their light on the monster figure. This shows how demonic the anti-Semitic frame of mind can be. When a person cherishing anti-Semitism and anti-communism looks at a Jew, he can never think objectively since he appreciates his own prejudice and malice.
To me, the picture is not the monstrosity of the Jews and communists; rather it depicts the inhuman and self-humiliating temperament of the anti-Semitics such as, the Nazis. The well equipped city may be the city of Germany but the people presenting such a caricature are no more civilized than the barbarians of the past. These prejudiced people are blind as they have no respect for anyone except their race. In the civilized society we cannot encourage such chauvinism. No race should be the target of such discrimination.
This is quite an interesting picture as it connotes the true nature of German Nazis in a unique way. Games represent any particular culture. By analyzing this board game it is possible to know the mind of those Germans who played this game in their houses.
Board games are the tools for family entertainment and these are used by both children, teens, adults and elderly people. So we can say that this board game represents the while German society irrespective of their age and status.
As the writings on the board are in German, I found it a bit confusing at first. However, the accompanying description of the board game explains everything. This family board game comes from 1938 and so we understand that it may have the influence of anti-Semitic Nazi feelings in it.
I came to know how the game is played. The objective of the game is to collect Jews. Think of the string word 'Collect.' The Jews are like some commodities or animals. At the same time we come to know that they were ruining a German town by their presence and their 'parasitic businesses.' This is why the players try to catch them so that they could be deported to Palestine.
I felt amazed at how a single board game can teach us culture and history in the twinkling of our eyes. The title "Jews Out" is connotative of the Nazi temperament. The present generation can become aware of the history that tells us how the Jews were forced to leave Europe. This is how the Jewish community fled Germany and some other countries and then tried to settle in Palestine. So this family game also tells me how a race has been made rootless as these people had to leave everything behind.
I could never imagine how peculiar the use of dental gold fillings could be unless I had a look at the 3rd photo. Seven pieces of gold could remind us of many memories if these were part of our family treasure. However, we're talking about some dental gold fillings of an exception. The memory and history that accompany these pieces are so outrageous that none can call them ordinary.
At the very first sight, the presentation of the gold pieces hit me as it would do the same with other viewers I'm sure. The way these pieces have been displayed tells us that the whole set may be an exhibit in a museum and the place seems to be a public museum. When we look at the text above the exhibit, we come to know that these were in possession of some Paul Wilhelm.
Such gold pieces were…[continue]
"Nazi Holocaust Pictures In Germany" (2014, April 30) Retrieved November 28, 2016, from http://www.paperdue.com/essay/nazi-holocaust-pictures-in-germany-188706
"Nazi Holocaust Pictures In Germany" 30 April 2014. Web.28 November. 2016. <http://www.paperdue.com/essay/nazi-holocaust-pictures-in-germany-188706>
"Nazi Holocaust Pictures In Germany", 30 April 2014, Accessed.28 November. 2016, http://www.paperdue.com/essay/nazi-holocaust-pictures-in-germany-188706
Holocaust Museum in Washington, D.C. is a place that is both dark and light, from the perspective of a visitor and the emotions that one feels on being in a place like this. The darkness results from the facts and photographs that are on display. It is very difficult to believe that these events took place just over seventy years ago in Europe, and that Adolf Hitler's Nazi party conducted
My entire family was marched at gunpoint into railway cars ordinarily used for cattle and sent to one of the many Eastern European death camps established throughout the continent by the Nazis. My brother and I watched our family and neighbors being rounded up from where we were hiding on the roof of our apartment building two nights ago. He believes that our family might still survive the war at
Germany Research Project Germany Germany is a prominent country in Europe as it stands as the second most crowded nation and the biggest economy in Europe. Seeing how it has the largest economy, it does alter the links between the prominent nations in the world. German history is filled with social and political movements. Adolf Hitler and the era of Nazism is an unfortunate and prominent part of the History of the
Holocaust is a catastrophe orchestrated by Nazi Germany under the leadership of Adolf Hitler. It was an organized and systematic murder with the outcome being the brutal killing of approximately six million innocent Jews during the Word War II (Longerich 2007 p. 29). State involvement in the murder complicates the whole affair as it was contrary to expectations. This was in deep contrast by all standards given the reality among
Holocaust The sheer scale of the Holocaust can make it difficult to understand, because while human history is rife with examples of oppression and genocide, never before had it been carried out in such an efficient, industrialized fashion. The methodical murder of some six million Jews, along with millions of other individuals who did not fit the parameter's of the Nazis' racial utopia, left a scar on the global consciousness and
The physicality of pain, the hunger, the feces and spit, all the brutalities that served to dehumanize them became precisely what brought the survivors out of the camps alive. Many if not most survivors were purely lucky. All learned how to live with dehumanization: to live while being dehumanized. All were able to resist succumbing to the belief that they were truly inhuman creatures, and all rose above and re-humanized
Holocaust affected Israeli society and culture and how Jews memorialize/Remember it today There exists no doubt regarding the massacre of the Jews during the phase of World War II and its impact on the lives of the Jewish people and the people who were near and dear to them. A dissention is required against those who assert that the tragedy never occurred, irrespective of whether they hold an opposite perspective


text:
Workers' Perception of Chemical Risks: A Focus Group Study
Version of Record online: 15 SEP 2010
DOI: 10.1111/j.1539-6924.2010.01489.x
© 2010 Society for Risk Analysis
Risk Analysis
Volume 31, Issue 2, pages 335–342, February 2011
Additional Information
How to Cite
Hambach, R., Mairiaux, P., François, G., Braeckman, L., Balsat, A., Van Hal, G., Vandoorne, C., Van Royen, P. and van Sprundel, M. (2011), Workers' Perception of Chemical Risks: A Focus Group Study. Risk Analysis, 31: 335–342. doi: 10.1111/j.1539-6924.2010.01489.x
Publication History
- Issue online: 14 FEB 2011
- Version of Record online: 15 SEP 2010
Options for accessing this content:
- If you are a society or association member and require assistance with obtaining online access instructions please contact our Journal Customer Services team.
- If your institution does not currently subscribe to this content, please recommend the title to your librarian.
- Login via other institutional login options http://onlinelibrary.wiley.com/login-options.
- You can purchase online access to this Article for a 24-hour period (price varies by title)
- If you already have a Wiley Online Library or Wiley InterScience user account: login above and proceed to purchase the article.
- New Users: Please register, then proceed to purchase the article.
Login via OpenAthens
Search for your institution's name below to login via Shibboleth.
Registered Users please login:
- Access your saved publications, articles and searches
- Manage your email alerts, orders and subscriptions
- Change your contact information, including your password
Please register to:
- Save publications, articles and searches
- Get email alerts
- Get all the benefits mentioned below!


text:
You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Product Highlights
You Pay: $131.11
The Hitech 150 x 170mm Sepia #1 Soft Graduated Filter is a soft-edged graduated color filter that provides a warming sepia tone that gives photographs a traditional, "old time" feel. The graduated filter design keeps a portion of the image neutral, resulting in a more realistic look while allowing for the sky or other bright areas to take on the color of the density.
This filter measures 5.9 x 6.7" / 150 x 170mm and is constructed out of CR-39 dyed resin. The #1 filter is the least dense of the series and provides a subtle amount of sepia coloration.
|Soft-edged sepia color graduated
|5.9 x 6.7" / 150 x 170 mm
|#1 density
|Used to give photographs a dramatic colored effect
|CR-39 dyed resin


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
United States District Court, Northern District of Illinois
March 31, 2011
MILLENIUM TGA INC.v.DOES 1-800
For the reasons stated below, the court sua sponte severs all of the defendants except Doe IP address 18.104.22.168 for improper joinder. All other Doe defendants are severed from the case without prejudice to the plaintiff filing suit against them individually in the proper forum. The plaintiff shall immediately proceed with the notification procedures to all of the severed Doe defendants as detailed in this order. The pending motions to quash [Dkt. #43, 46, 49, 54] are denied as moot. Doe IP Address 22.214.171.124's motion to quash [Dkt. #39] is granted. Doe IP address
184.108.40.206 need not respond to the subpoena; in the interim, the plaintiff has until April 11, 2011, to either amend the complaint to name Doe IP address 188.8.131.52 as a defendant or dismiss the case in its entirety.
O[ For further details see text below.]
The plaintiff, Millenium TGA Inc., brought suit alleging that John Does 1-800 infringed its copyright by illegally reproducing and distributing over the Internet the plaintiff's creative works. The amended complaint alleges that the defendants downloaded the works using BitTorrent protocol under which users distribute data directly to one another rather than obtaining the files from a central server. The actual names of the defendants were unknown to the plaintiff; instead, the only means of identifying the defendants was through an Internet Protocol ("IP") address, which is a unique number assigned to a computer. On September 13, 2010, this court granted the plaintiff leave to subpoena certain Internet service providers ("ISP") to obtain the identity of the persons associated with the allegedly offending IP addresses identified in the First Amended Complaint.
Several of the Doe defendants have filed motions to quash the subpoenas [Dkt. ## 39, 43, 46, 49, 54] for lack of personal jurisdiction. The magistrate judge, to whom this case has been referred to supervise discovery, recently set a briefing schedule for these motions. Because the court sua sponte concludes that all of the Doe defendants except one have been improperly joined, the pending motions to quash at docket entries 43, 46, 49, and 54 are denied as moot.
Under Rule 20, persons may be joined in one action as defendants if: "(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2). Further, Fed. R. Civ. P. 21 provides that "[m]isjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party."
In other similar types of copyright cases, some courts have ordered that Doe defendants be severed. For example, in LaFace Records, LLC v. Does 1-38, No. No. 5:07-CV-298-BR, 2008 WL 544992 (E.D.N.C. Feb. 27, 2008), the court granted a motion to sever under facts similar to those existing in this case, stating:
The moving defendants argue that plaintiffs have failed to show that the copyright infringement claims against them arise out of the same transaction, occurrence, or series of transactions or occurrences. (Defs.' Mem. at 12-16). The court agrees. Plaintiffs argue that the claims asserted against the various defendants arise out of the same series of transactions because each defendant used the same ISP as well as some of the same P2P networks "to commit the exact same violation of the law in exactly the same way." (Plfs .' Resp. at 22). However, merely committing the same type of violation in the same way does not link defendants together for purposes of joinder.
In similar cases, other courts have commonly held that where there is no assertion that multiple defendants have acted in concert, joinder is improper. See BMG Music v. Does 1-4, No. 3:06-cv-01579-MHP, 2006 U.S. Dist. LEXIS 53237, at *5-6 (N.D. Cal. July 31, 2006) (sua sponte severing multiple defendants in action where only connection between them was allegation they used same ISP to conduct copyright infringement); Interscope Records v. Does 1-25, No. 6:04-cv-197-Orl-22DAB, 2004 U.S. Dist. LEXIS 27782, at *19 (M.D. Fla. Apr. 1, 2004) (magistrate judge recommended sua sponte severance of multiple defendants in action where only connection between them was allegation they used same ISP and P2P network to conduct copyright infringement). Accordingly, this court finds that defendants' use of the same ISP and P2P networks to allegedly commit copyright infringement is, without more, insufficient for permissive joinder under Rule 20. This court will sever not only the moving defendants from this action, but all other Doe defendants except Doe 2. See BMG Music v. Does 1-203, No. 04-650, 2004 U.S. Dist. LEXIS 8457, at *2, *4, 2004 WL 953888 (E.D. Pa. Apr. 2, 2004) (upon motion for reconsideration, court upheld its sua sponte order of severance of all but one Doe defendant).
Id. at *2.
This court agrees with the above reasoning and concludes that Rule 20(a)(2)(A) has not been satisfied. Moreover, given the number of "potential" defendants (i.e., Does 1-800), this court could be faced with dozens if not hundreds of factually unique motions to dismiss, quash or sever from potential defendants located all over the country with no discernible ties to this district. Indeed, at least five motions to quash have been filed in this case in the past week.
The court's decision to order severance is reinforced by its concerns regarding the plaintiff's choice of venue. The plaintiff's complaint points to no facts indicating why venue is appropriate in the Northen District of Illinois. The plaintiff is a Hawaii corporation with its principal place of business in California. As far as the plaintiff knows, none of the defendants are located in Illinois and it merely alleged, without any basis the court can discern, that "on information and belief each Defendant may be found in this district and/or a substantial part of the acts of infringement complained of herein occurred in this District." Amended Comp. at ¶7. Indeed, apparently none of the Doe defendants who have filed motions to quash are located in Illinois and it appears that easily accessible tools exist to verify the locations of the IP addresses of the other named Doe defendants, see, e.g., http://whois.arin.net/ui/, many (if not all) of which are not located in Illinois.
For these reasons, all Doe defendants, except Doe IP address 188.8.131.52, are severed from this case without prejudice to the plaintiff filing suit against them individually. The plaintiff shall, within 7 days of the date of this order, notify the internet service providers that have been subpoenaed that the subpoena is sua sponte quashed, to cease and desist all efforts to identify the users of the relevant IP addresses, and to have the internet service providers immediately notify anyone to whom they have previously given notice of the subpoena of this dismissal order. Moreover, as to all of the IP addresses for which the plaintiff has received identifying information, the plaintiff shall, within 7 days of the date of entry of this order, send via U.S. Mail the instant order to those users along with a letter notifying them that they are no longer potential defendants in the instant litigation.
With respect to Doe IP address 184.108.40.206's motion to quash for lack of personal jurisdiction, the motion is granted. Doe IP address 18.104.22.168 need not respond to the subpoena at this time; in the interim, the plaintiff has until April 11, 2011, to either amend the complaint to name Doe IP address 184.108.40.206 as an actual defendant in this case or dismiss the case in its entirety. In the event that the plaintiff amends the complaint to name Doe IP address 184.108.40.206 as a defendant, Doe IP address 22.214.171.124 may renew its motion to quash for lack of personal jurisdiction.
© 1992-2011 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Designing a Coin for Your State
Students design a coin on a piece of aluminum tooling foil for their state after examining the new state coins recently issued.
3rd - 6th Visual & Performing Arts 3 Views 0 Downloads
Resource Details
Start Your Free Trial
Save time and discover engaging curriculum for your classroom. Reviewed and rated by trusted, credentialed teachers.Try It Free
The Sovereign State
What is the difference between a sovereign state and one of 50 states in the United States of America? Don't miss this exceptional collection of worksheets, graphic organizers, and informational texts on the features of sovereign states.
6th - 12th Social Studies & History CCSS: Adaptable
The Bill of Rights
How does the Bill of Rights, created over 200 years ago, still apply to the lives of American citizens to this day? Here is a fantastic resource that includes several resources on approaching the Bill of Rights with your class. After...
5th - 12th Social Studies & History CCSS: Adaptable
Symbols in My Eyes
Explore the hidden meanings behind the images on US currency with this elementary school lesson on symbolism. Starting with a class discussion about symbols, children go on to brainstorm different objects that represent the Unites States...
K - 6th English Language Arts CCSS: Adaptable
Lone Dog's Winter Count: Keeping History Alive
What is oral tradition, and what unique tool did the Native Americans of the Northern Great Plains use to help them remember their complex histories? Through pictograph analysis, discussion, research, and an engaging hands-on activity,...
4th - 8th Social Studies & History CCSS: Adaptable
Rename That State!
As Shakespeare famously wrote, "A rose by any other name would smell as sweet," but can the same be said for a state? In this elementary geography lesson plan, students are assigned specific states to research using the information they...
3rd - 6th Social Studies & History CCSS: Adaptable
Fur Trappers and Beaver Pelts
Young scholars explore the history of Colorado's fur trade. Using a series of primary source documents and the included graphic organizer, students examine the causes influencing the growth of this industry and the effects it had on both...
3rd - 5th Social Studies & History CCSS: Adaptable
Greeks and Persians
Considering the evolution of democracy and civilization to this day, is there any reason to believe the Persians should have defeated the Greeks in the Persian War? Why could the legacy of Ancient Greece be considered "profoundly...
11 mins 6th - 12th Social Studies & History CCSS: Adaptable
Black and White in United States History: A Gray Area
Compare and contrast old and modern historical accounts of the life of Thomas Jefferson. Learners begin by evaluating the responsibilities of history textbooks in reporting historical events, people, and eras. Next, they discuss how new...
6th - 12th Social Studies & History CCSS: Adaptable
What Members Say
- Holly W., Student teacher
- Aurora, CO


text:
Adam@Home by Rob Harrell
- March 12, 2013
- From Beginning
- Previous feature
- Next feature
- Current
Comments (15) (Please sign in to comment)
Unfortunately, I have heard the same thing … that it consumes more resources … I just find it hard to believe that recycling garbage can't be more beneficial than disposing of it.
Might want to ask the Jolly Green Giant how he feels as well.
My wife just throws all the garbage in the back yard. I put out the recyclables twice a month. It works.
Glad to see you're back, Mr Cow!
What's stopping you?
I suspect that what keeler_james meant was that she composts the garbage. At least I hope so.
Like pcolli said,what's stopping you? I'd pay to read that.
Isn't this a repeat? Or did a different strip do something along the same lines a while back? It's like Deja Vu all over again.
Back in '72, the Club of Rome published The Limits To Growth, claiming that we were going to run out of all sorts of resources if population kept growing. It turns out that this "global think tank" assumed that if we need iron, we have to mine it, refine it, use it once then discard it. Apparently, they never noticed that even back then we were reusing all sorts of metals. I guess they never heard of "scrap iron for Japan."
Don't give up, write a bit at a time.
This may be a repeat – I remember an arc where Adam was arguing with a snotty member of the Chamber of Commerce or the City Commission (I think) who thought recycling was a waste. Something like that.
Plus the strip is dated 2011.
I second what Pcolli said. Start wriring something down, and it might turn out to be easier to finish your story than you think.
According to published sources, the recycling in my county gets dumped in the same landfill as the garbage. Big savings there.
Besides, Kermit the Frog was right when he sang, "It's not that easy bein' green."
- Refresh Comments.
You must be signed in to make a comment.


text:
$6.99 Kardashian Beauty Pure Glitz Hair Spray
1sale offers Kardashian Beauty Pure Glitz Hair Spray for $6.99 (orig. $15.99)
Plus Shipping
WHAT IT IS Kardashian Beauty's Pure Glitz Hair Spray provides intense texture, volume and hold to any hair type in need of a hint of glam. WHAT IT DOES Infused with black seed oil and shine enhancing sparkles, this fast drying, volumizing hair spray creates thicker, fuller styles for the ultimate glamorous finish.
Category: Beauty & Personal Care
Posted on 10 September 2016, 03:10 AM


text:
2 BHK Apartment - 918 sq ft
2 BHK for sale at Lodha Lakeshore Greens
Lodha Lakeshore Greens 2 BHK of 918 square feet is available for sale. The flat has been strategically placed in Dombivali of Mumbai. This 'bare-shell' property has 2 bedrooms, 2 bathrooms.
Age of Property: Under-Construction. Price of this property is Rs 43.87L.
We deal in all Residential & Commercial Properties across Delhi NCR. You might also like Rustomjee Urbania Atelier, Jaycee Bhagtani Serenity, Hubtown Grove, Marathon Nexzone, TBhimjyani Neelkanth Woods, Kanakia Sevens, Jaycee Bhagtani Eternity, Bharat Infrastructure Ecovista, Sheth Vasant Oasis, Nirmal Lifestyle City, Nirmal Sports City, Nahar Amrit Shakti, Hubtown Iris, Runwal Forests and other properties matching your needs.
Contact us today only for best advice and profitable deals.
Key Details
About project: Lodha Palava Lakeshore Greens
- Availability1485
- LaunchJan 2014
Know Your Neighbourhood
- Nearby
- Commute
Best home loans for this property


text:
Bacon-Braised Mustard Greens
- 2 slices thick-cut bacon, cut into lardons
- 1 clove garlic, minced
- 1 pound mustard greens (about 1 bunch), tough stems discarded, roughly chopped
- Heavy pinch of kosher salt
- Freshly ground black pepper
- 1/2 cup chicken broth or stock
- 1 tablespoon lemon juice
Heat a large skillet over medium-high heat. Add the bacon and cook until the fat has rendered and the bacon is browned. Add the garlic and cook just until fragrant, about 30 seconds. Add the mustard greens and stir to wilt. Season with salt and pepper. Stir in the chicken broth and bring to a simmer. Cover and let cook until the greens are tender, about 10 minutes. Stir in the lemon juice and serve immediately.
Recipe courtesy of The Kitchen
Cooking Tips
More Recipes and Ideas
Mustard Greens With Cheddar
Recipe courtesy of Food Network Kitchen
Collard and Mustard Greens
Recipe courtesy of Robert Irvine
Bacon Braised String Beans
Recipe courtesy of Anne Burrell


text:
Rochefort's account places a fabulous stone-built city of two thousand buildings called Melilot in "Florida," which was the then-current name for everything south of Virginia, as Nicolas Sanson's 1660 map of North America shows. Thornton takes "Florida" for the state rather than the older territory. The tribe was called the Apalache, and Rochefort claims that they not only were in direct communication with the Caribbean, but that the Apalache were the ancestors of the Caribs (i.e. Taino) of the West Indies. He therefore mixed in words of French, English, and Caribbean origin into his account to lend verisimilitude to the claims.
Thornton conveniently omits all this, as there is no evidence of seventeenth-century colleges or churches, or any lost English colony, near Track Rock.
As early as the nineteenth century, Rochefort's claims were recognized for what they were, falsehoods. Here's how the Historical Magazine explained it in 1860:
This strange account, backed by his Carib vocabulary, has misled many, and yet the whole is a fiction. Building on a few names found in De Laet, or some Spanish account—perhaps a manuscript narrative—he has made a golden picture, which, in spite of its apparent inconsistencies, has been regarded as exaggerated, but based on truth. Yet, to place the bishop and priests among English refugees was suspicious, and equally so the fact that no Spanish writer ever mentions any mission of Minims to Florida. As an order originating in France, the Society of St. Francis de Paula might be found more readily in French than in Spanish parts; but the writer, not over familiar with such matters, confounded, doubtless, the Fratres Minores or Franciscans, with the Minimi or Minims.
… as the very points which seem to support [the tale] could be gleaned from known works at the time, we are more disposed to share the Opinion of Mr. Buckingham Smith, that it is a total invention. "The framework," says he, "is taken from Garcilaso, and the accounts by the French of their occupation of Florida. Some names may be borrowed from the maps of the day; others appear to be those of mere fancy. Our knowledge of the geography and physical character of the country renders the story often improbable and sometimes absurd."
The whole story of English refugees in Florida corresponding with France, but unknown to English settlers in Virginia or the English government, which sent them bishops and priests, is too untenable to stand examination; and if the latter ecclesiastics bore papal faculties, it but adds one difficulty more in the matter.
Thornton further reports—falsely—that Rochefort described these English settlers as the lost colonists of Roanoke: "researchers were astonished to find in the book's text, a description of the lost Roanoke Island colonists." Thornton then suggests that this proves the authenticity of the Eleanor Dare stones, the hoax rocks that chronicled the alleged trek of the colonists from Roanoke to what is now Atlanta, pending a full translation of Rochefort, which is forthcoming from a "late medieval French" expert at the People One Fire group. (The book is not late medieval French, but rather seventeenth-century French.) He is wrong, and I will save them the trouble of translating the book since, as it happens, I can also read the more obscure parts of the antique French. And to prove I am not lying, I will supply the French as well.
Rochefort, in the relevant passage, very clearly writes something different:
Ces Familles, ainsi que nous l'avons tire des relations, que les Habitans de la Colonie de la Palme nous ont envoyées, avoient este contraintes de quiter la Virginie en l'an mil six cens vint & un, à cause des horribles massacres que les Barbares Originaires du païs, y faisoient pour lors, de tous les étrangers qu'ils rencontroient, & elles s'étoient embarque'es à dessein de se retirer à la neuve Angleterre: mais les vens leur ayans esté contraires, elles furent poussées à la coste de la Floride, où le manquement de vivres les obligea de descendre, & de s'arrêter fur le bord de la rivière de Seloy, & c'est de là qu'elles passèrent en la Province de Matique & puis en celles d' Amana & de Bemarin, sous la conduite d'une Compagnie d'Apalachites, qui étoient descendus à la coste de la mer, pour y prendre leur provision de sel, comme ils avoient acoútumé de le faire en ce tems-là.
These families, as we have taken from their relations, which the inhabitants of the Colony of the Palm sent to us, had been compelled to depart Virginia in the year one thousand six hundred twenty-one, because of the horrible massacres, which were happening then, by the Native barbarians of that country of all foreigners they met. And they planned to withdraw by ship to New England: but their winds having been contrary, they were pushed to the coast of Florida, where the failure of their food supply forced them to quit, and to stop at the edge of the river Seloy. That's where they entered into the Province of Matique, then those of Amana and of Bemarin, under the guidance of a company of Apalaches, who were at the time down at the sea coast to collect their supply of salt, as they were accustomed to do there. (my translation)
Therefore, the text fails to support Thornton's assertion, and archaeology knows nothing of the alleged structures the text claims existed. Government records of England, France, Spain, and the Vatican are equally ignorant of the alleged missions to and from the lost city. On all of his points of alleged evidence, Thornton is demonstrably wrong.
I wonder, therefore, why it is that Thornton—supposedly a researcher aiming to overturn modern science—is so happy to repeat claims secondhand about a text he has apparently never read while I, whom he accuses of all manner of faults, actually do the hard work of looking up the material and translating it so everyone can see that the emperor has no clothes?


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
APPEAL from the Circuit Court of St. Clair County; the Hon. D.
KENT TRONE, Judge, presiding.
This is an appeal by the defendant, Parkview Colonial Manor Investment Company, Inc., from a judgment for $14,500 entered in favor of the plaintiff, Patrick J. Fleming, by the circuit court of St. Clair County on plaintiff's action for damages arising out of an alleged breach of contract.
The plaintiff is an attorney. In the latter part of 1967 or the early part of 1968, he became a member of the boards of directors of two corporations, the defendant corporation and Parkview Manor, Inc., which owned and operated a nursing home in O'Fallon. At this time the stock in each company was owned by Philip Schildknecht and Neil Gavin.
In early 1968, the board of defendant corporation discussed the possibility of enlarging the nursing home. A 114-bed addition was contemplated and the plaintiff was asked to explore the possibilities of financing the proposed addition. The plaintiff submitted a proposed written agreement to the board, which provided for the payment of a $14,500 fee in the event the plaintiff was able to obtain permanent and construction financing for the planned expansion. While the written agreement was neither signed, nor offered into evidence, both the plaintiff and Philip Schildknecht testified that the board had orally agreed to the plaintiff's proposal.
According to Philip Schildknecht, this proposal obligated the corporation to pay the plaintiff a fee of $14,500 in the event he obtained permanent and construction financing in the amount of $1,450,000, $840,000 to finance the construction and $600,000 to pay off an existing loan. The actual cost of construction was, at that time, estimated to be $700,000. The excess of $140,000 was included to pay for additional expenses, including a commitment (or finder's) fee and the $14,500 fee of the plaintiff. Fifty percent of the plaintiff's fee was to be paid when the board "knew that we had it [the loan] for sure and the balance [was to be paid] whenever the construction was done."
In a letter dated December 20, 1968, John H. Poelker, then comptroller of the city of St. Louis, advised Philip Schildknecht that,
"You may consider this letter as a commitment on behalf of the Firemens Retirement System of St. Louis and/or the Alternative Police Retirement System of St. Louis to make a First Mortgage Loan on the expanded Parkview Colonial Manor Nursing Home in the amount of $1,450,000 due in twenty years at interest rate of 7 1/4% to be taken down December 1, 1970; subject to the following conditions: "
Included among the six enumerated conditions was the following condition:
"Further, this agreement shall provide that the operating company cannot be sold nor the agreement be subject to sub-contract without our approval."
The plaintiff identified this letter as the commitment he had obtained through one James Schmitt of "Mississippi Mortgage Company." A fee of $40,000 was paid by the defendant corporation to Schmitt's Company for his services in obtaining this commitment.
Subsequently, one Harvey Friedman, an officer of Bernard Nursing Homes, Inc., of St. Louis, became interested in the O'Fallon nursing home and, after preliminary discussions, made a written offer to purchase all of the stock in each of the nursing home corporations. This offer contained the following clause:
"It is understood and agreed that the permanent commitment for the 114-bed addition to the nursing home issued by the Comptroller of the City of St. Louis and the pending construction loan for $840,000.00 with the First National Bank of O'Fallon will be transferred to the purchasers subject to the approval of both lenders."
On February 15, 1969, Gavin and Schildknecht accepted Friedman's offer. This offer had contained a provision:
"That there are no contracts in effect with either of said corporations which cannot be terminated on thirty (30) days notice, excepting drug and ambulance contracts."
This provision was accepted by Gavin and Schildknecht, with the following addendum:
"and a pharmacy contract to be entered into for a term of two years from closing in a form satisfactory to us."
The plaintiff was privy to the terms of the foregoing offer and acceptance. In fact, on February 27, 1969, and again on March 4, 1969, the plaintiff notified Mr. Poelker of the agreement for sale of the corporate stock and requested his consent to the assignment of the commitment of December 20, 1968, from Schildknecht to the purchaser, Bernard Nursing Homes, Inc. On March 6, 1969, Mr. Poelker advised the plaintiff that, "We do not under the present circumstances contemplate assigning the commitment for the permanent financing." A copy of this letter was transmitted by the plaintiff to Mr. Friedman, the officer of Bernard, and his attorney on March 8, 1969.
On the evening of April 29, 1969, the outgoing directors of defendant corporation conducted a meeting. The plaintiff was present at such meeting in his capacity as director and as counsel to the corporation. Following this meeting the plaintiff's secretary prepared the minutes of the meeting, which contained the following:
"Discussion was also held on the obligation of the corporation to Patrick J. Fleming in regard to the fees and commissions due him in the amount of $14,500.00 which was to have been paid out of the construction loan, and legal expense involved in the construction loan details, and seeing to it that the permanent loan was picked up. One-half of this fee due upon funding of the construction loan, and one-half of the fee due when the permanent loan was picked up.
After discussion of both these obligations, a motion was made by Neil Gavin, seconded by Frances Schildknecht that these obligations be recognized and made a part of the minutes of this meeting. Motion passed."
The closing of the sale of the corporation was held the following day, April 30, 1969, at the First National Bank in O'Fallon, where the plaintiff was chairman of the board. At the closing the corporate minutes were turned over to the purchasers, together with a "Mutual Release" of all of the outgoing officers and directors. Appended to this "Mutual Release" was the following:
"NOTE: This release does not apply to verbal agreement with Patrick J. Fleming in regard to fees and commissions (see corporation minutes of Parkview Colonial Manor Investment Corporation of April 29, 1969."
Contemporaneously with the closing, the bids submitted for the proposed expansion were opened. Only one bid had been submitted. It was for $817,000. Despite the high bid the purchasers chose to consummate the sale. After closing, the defendant corporation, through its new owner, attempted to have the original commitment by Mr. Poelker and the Firemen's Retirement System assigned to it.
The plaintiff testified that he made several attempts to assist the purchasing parties in obtaining an assignment of the commitment. All efforts at securing approval of an assignment of the commitment failed. Thus the construction loan was not funded and the permanent loan was not "picked up." As a result the construction program contemplated by the former ownership never materialized.
The new management did obtain a new commitment in April 1970. This commitment was for $250,000 for a 41-bed shelter care facility. The new commitment is unrelated to the withdrawn commitment and differs substantially therefrom.
The plaintiff filed a complaint in January 1971, alleging that he had fulfilled his obligations under the "verbal agreement" and that the defendant, therefore, owed him the sum of $14,500. The trial court granted the relief sought and this appeal followed.
Reviewing the foregoing evidence in the light most favorable to the plaintiff we make the following findings. The plaintiff entered into an oral agreement with defendant corporation to obtain the necessary financing for the proposed expansion of its nursing home. This agreement was a unilateral contract. No argument is advanced by either party that the plaintiff was under any obligation to obtain the necessary financing, hence, this could not have been a bilateral contract. The defendant corporation offered to pay the plaintiff a total of $14,500, one-half of this fee was to be paid upon the funding of the construction loan and the remainder to be paid when the permanent loan was "picked up." The plaintiff's acceptance was to be the performance of the above mentioned services, to wit, the attainment of the funding of the construction loan and the attainment of refinancing the permanent loan. At the time the offer was made to the plaintiff, the defendant corporation had not agreed to any conditions concerning what restrictions could be imposed upon such loans by the lender.
• 1, 2 The plaintiff obtained a letter of commitment from the comptroller of the city of St. Louis on behalf of the Firemen's Retirement System of St. Louis. Attached to this letter of commitment was the condition that "the operating company cannot be sold nor the agreement be subject to sub-contract without our approval." Consequently, we construe the commitment secured by the plaintiff to be a counteroffer rather than an acceptance since it contained a condition that had not been contained in the offer of defendant corporation. (See Donahoo v. Board of Education, 413 Ill.2d 422, 109 N.E.2d 787; C. Iber & Sons, Inc. v. Grimmett, 108 Ill. App.2d 443, 248 N.E.2d 131.) While the defendant corporation did, through its outgoing directors, "recognize" the obligations to the plaintiff, the record is barren of any action by the defendant corporation which would evidence their agreement to the condition that the corporation not be sold without approval of the prospective lender. Before any agreement can exist there must be an offer (or counteroffer) and an acceptance. (Bank of Marion v. Robert "Chick" Fritz, Inc., 9 Ill. App.3d 102, 291 N.E.2d 836, aff'd, 57 Ill.2d 120, 311 N.E.2d 138.) Thus, without the defendant corporation's agreement to the new condition there would be no acceptance of the plaintiff's counteroffer. See Brook v. Oberlander, 49 Ill. App.2d 312, 199 N.E.2d 613.
• 3 Even if we were to assume that the recognition of the corporation's obligation to the plaintiff constituted an agreement to the conditions contained in the letter of commitment, the plaintiff, nevertheless, is entitled to no relief. The plaintiff's efforts secured only a letter of commitment. Except for the plaintiff who testified that he had earned the $14,500 fee by merely securing the commitment, the record contains no evidence indicating that the plaintiff was entitled to his fee before the funding of the construction loan and the "picking up" of the permanent loan. The testimony of Philip Schildknecht, a former director, and the corporate records do little to confirm the plaintiff's contention that the plaintiff's acts entitled him to the payment of the $14,500 fee. Even at the meeting where the board of outgoing directors "recognized" its obligation to the plaintiff the board noted that "One-half of this fee was due upon the funding of the construction loan and one-half of the fee was due when the permanent loan was picked up." The defendant corporation has consistently stated that the plaintiff be paid only after the funding of the construction loan. The construction loan was never funded nor was the permanent loan ever "picked up." Consequently, the plaintiff never tendered the performance contemplated by the parties and which formed the basis of their agreement.
The plaintiff attempts to make an argument that the actions of the defendant corporation prevented the conditions of payment from occurring, thus excusing him from performance. We are unable to understand how, under any reasonable interpretation of the evidence, the defendant corporation's actions can be held to excuse the plaintiff from performance. The only act of the defendant corporation was the sale of its corporate stock. This sale was not precluded by any agreement between the parties. Furthermore, the plaintiff was not only cognizant of this event, but he participated in it and was present when the sale was consummated. The record is devoid of any indication that the plaintiff either disapproved of this sale or that such sale was entered into as a means of preventing the plaintiff from fulfilling the terms of the "verbal agreement." Thus, the sale of the corporate stock of the defendant corporation was, at least, acquiesced in by the plaintiff. Under such circumstances the plaintiff will not now be heard to complain thereof, and he is estopped from asserting that the defendant prevented his compliance.
In view of the foregoing conclusions we hold that the trial court erred in its finding that the plaintiff fulfilled his portion of the "verbal Agreement" and, consequently, in granting the relief sought by the plaintiff. We, therefore, reverse the judgment entered in favor of the plaintiff.
Judgment reversed.
G. MORAN and CARTER, JJ., concur.
© 2002 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
- and, what is the name of that virus ?- they call it 'love'maybe tomorrow that goodbye will lead to a new hello, and maybe this time you will fuel the fire in her heart and make her stay.
Federal Bureau of Investigation
what it is? what it could be? my imagination runs fast. only if you coming with me, 4AM staying up past.♡ ma commande express