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Home & Leisure
VIDEO: Puppy's relaxing Roomba ride comes to an abrupt end
WASHINGTON (UPI) -- A pair of pet owners recorded their 10-week-old puppy taking a relaxing but ill-fated ride on their Roomba robotic vacuum cleaner.
Dog owners Angel and Kenny posted a video to YouTube showing their Boston terrier puppy taking a cruise around the house on the autonomous vacuum.
The owners can be heard laughing in the ...Read more
Jaguar caught on Arizona trail camera, bringing known U.S. population to two
SIERRA VISTA, Ariz. (UPI) -- Wildlife experts said a previously unknown jaguar caught on an Arizona trail camera is the second-known member of its species living in the United States.
The nonprofit Center for Biological Diversity said the young male jaguar was photographed by a Fort Huachuca trail camera in the Huachuca Mountains, near Sierra ...Read more
Cat assists in capture of Pennsylvania fugitive
EPHRATA, Pa. (UPI) -- A crime-fighting cat in Pennsylvania helped local police in tracking down a man with an outstanding bench warrant.
Ephrata Police Department shared a photo of a black cat who officers said helped lead them to capture 23-year-old fugitive Jonathan Michael Steffy.
Police said they encountered the helpful feline after ...Read more
VIDEO: Tokyo temple displays collection of 1,000 'lucky cat' figurines
TOKYO (UPI) -- A visitor to an unusual temple in Tokyo captured footage of the 1,000 "lucky cat" figurines on display there.
The video shows footage from the Gotoku-ji temple, where a collection of 1,000 "lucky cats," white feline figurines with one waving paw upraised, greet visitors.
The lucky cats come in a variety of different sizes and ...Read more
VIDEO: Kitten survives near miss with car tire on Russian road
NOVOSIBIRSK, Russia (UPI) -- A dashboard camera on a car in a Russian city captured a kitten's heart-stopping near miss with the tire of a car that nearly squashed the tiny feline's head.
A video posted to YouTube by user Anastasia Gubaidulina shows the dashcam footage from a car driving on a busy road in the Siberian city of Novosibirsk.
A ...Read more
VIDEO: Man punches kangaroo to save dog from headlock in Australian outback
CONDOBOLIN, Australia (UPI) -- An Australian zookeeper on a pig hunting trip in the outback was filmed punching a kangaroo in the face to rescue his dog from a headlock.
Greig Tonkins, a zookeeper at Taronga Western Plains Zoo in Dubba, appears in a video posted online running up to a kangaroo that has his dog, Max, in a headlock.
The video, ...Read more
Mysterious sounds from car engine lead California police to trapped kitten
SANTA CRUZ, Calif. (UPI) -- Police in California discovered a small kitten trapped in a car engine after hearing strange sounds emitting from the vehicle.
Santa Cruz Police Department shared a photo of an officer holding the tiny, stranded kitten after it was rescued from the parked car.
"SCPD Police Officer Gomez heard a desperate meowing ...Read more
VIDEO: 'Houdini' dog brought to shelter after escaping capture for two years
SAN PEDRO, Calif. (UPI) -- An animal rescue group in California spent three days attempting to catch a dog that had escaped capture for more than two years.
Rescue group Hope for Paws chronicled the elaborate rescue attempt in a YouTube video as they attempted to corral the canine lovingly dubbed "Houdini."
The rescuers placed a trap for the ...Read more
Murray the Moose Finds His MotherKelly Tovsen
The author uses Alaskan animals to relate to some of the trials children sometimes experience while growing up. In each story, the animal uses their own natural abilities to triumph over a particular fear or problem. Find out how Murray overcomes his fear of being separated ...
VIDEO: Cat stuck in ice puddle rescued in Russia
ZLATOUST, Russia (UPI) -- A Russian couple acted quickly to help rescue a stranded cat whose paws had become stuck in a frozen puddle.
Video shared to YouTube showed the cat, covered in snow, sitting among a shallow pile of snow with its paws frozen in a puddle of ice underneath.
A woman quickly rushed to grab a green bucket full of warm water...Read more
Police seek owner of Chihuahua found wearing Christmas sweater, blue pants
BELLEVUE, Wash. (UPI) -- A Washington state police department is seeking the owner of an unusually-attired Chihuahua found wearing a Christmas sweater, blue pants, and a bad attitude.
The Bellevue Police Department posted a photo to Twitter and Facebook of the tiny dog snarling at an officer's catch pole in Robinswood Park.
The Chihuahua was ...Read more
Feline 'cat burglar' found trapped in British bank
NOTTINGHAM, England (UPI) -- A curious cat was found trapped alone on the inside of a glass door in a bank in England after hours.
Twitter user Jaimee shared photos of the stranded cat peering longingly out of the clear bank door on Tuesday night.
"Out walking through town and we've just found a cat stuck in a bank," Jaimee said.
The trapped ...Read more
VIDEO: Friendly fox joins man for nighttime walk in London
LONDON (UPI) -- A man taking a nighttime walk in London encountered a friendly fox that strolled by his side and at one point tried to take his backpack.
Henry Hoffman posted a video to YouTube showing the fox he encountered while walking through the Hampton Wick area.
"So, I'm just chilling out with this fox right now," Hoffman says while the...Read more
Missing Florida dog found in New Jersey three years later
FORT LAUDERDALE, Fla. (UPI) -- A missing Maltese Pomeranian mix from Florida was reunited with her owner after turning up in New Jersey three years later.
Bill Gerstein of Fort Lauderdale shared a photo with his newly found dog, Bella, to a Facebook page dedicated to finding the beloved pet.
"Almost three years later, miracles do really happen...Read more
Talking dogs: Taking the stress out of getting into car for pup
Q: My 10 month old puppy refuses to get into the car on his own. I have to lift him up, and he is getting too big to continue with this method. Once he's in, he's fine and likes to ride with me. Anything I can do to change this?
-- Doug
A: Sure, Doug, this is fixable. Your dog's behavior suggests that he isn't comfortable with some aspect of ...Read more
VIDEO: 'Piqapoo' dog bag clip offers hands-free poop clean up
NEW YORK (UPI) -- A crowdfunded silicone clip is looking to help dog owners clean up after their pets without using their hands.
The Piqapoo clip, funded by Kickstarter, is used to attach a plastic dog bag to the pet's tail to collect their feces while they walk.
"The Piqapoo has a soft clip and a durable collection bag beneath, that ...Read more
Kitten rescued from car's undercarriage hides out in Florida fire station
MARGATE, Fla. (UPI) -- Florida firefighters said they had to search for a kitten twice after it was freed from the undercarriage of a car and fled into the station.
Margate-Coconut Creek Fire Rescue said a woman drove to Fire Station 58 Tuesday and told firefighters there was a kitten lost somewhere inside her vehicle.
"Crews were able to ...Read more
'Fat Boy' the cat rescued from electrical pole after nine days
FRESNO, Calif. (UPI) -- Fire crews in California scaled an electrical pole to rescue a pet cat who had been stuck near the power lines for nine days.
Residents in the Fresno neighborhood spent days seeking help to rescue the black and white cat named Fat Boy before assistance finally arrived to bring the cat to safety, Fox 26 reported.
Two ...Read more
VIDEO: Kitten gets the hang of horseback riding in Sweden
STOCKHOLM, Sweden (UPI) -- A Swedish horse enthusiast shared video of a kitten learning the basic skill at the heart of horseback riding -- not falling off the horse.
Ida Lisberger shared a video online of the young kitten standing on the back of an adult white horse.
The kitten appears to struggle to keep its balance, while the horse appears ...Read more
Baby bobcats visit Iowa hunter in his tree stand
SIOUX CENTER, Iowa (UPI) -- An Iowa hunter captured photos of the unexpected visitors he received in his tree stand -- a trio of bobcat cubs.
Wendell Van Beek of Sioux Center said he was out hunting in the woods last month when he climbed up to his hunter blind in a Woodbury County tree.
Van Beek said the deer started to come out and he soon ...Read more
Pet owners use cannabis to relieve animal ailments
SAN JOSE, Calif. -- Every July 4, Augie, a 4-year-old Chihuahua mix, would go into freak-out mode. He trembled. He refused to eat, sleep or let anyone pick him up. His owners tried giving him Xanax for his fireworks phobia.
"He would act like your worst drunk friend at a bar who picks fights with everyone," said Liz Hughston, an emergency ...Read more
Popular Stories
- VIDEO: Friendly fox joins man for nighttime walk in London
- VIDEO: Puppy's relaxing Roomba ride comes to an abrupt end
- Missing Florida dog found in New Jersey three years later
- Jaguar caught on Arizona trail camera, bringing known U.S. population to two
- Talking dogs: Taking the stress out of getting into car for pup

subset: commoncrawl


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SanDisk said it expects revenue to be lower than it had forecast, citing weaker-than-expected sales of retail products and NAND storage chips.
Asian stock indices started the new week mixed, as trading sentiment was tame after last Friday's U.S. nonfarm payrolls report gave a mixed view of the U.S. economy.
As CES wraps up Friday, the ending date of Jan. 9 has particular significance to techies. It's the eighth anniversary of Apple's iPhone launch.
Can Samsung stay competitive in the smartphone space? Cyrus Mewawalla, managing director at CM Research weighs in.
With Chairman Lee Kun Hee still hospitalized, a major revamp of Samsung's senior management won't be announced soon, says Nam Hyung Kim, Director at Arete Research Asia.
While Samsung shares are cheap, Apple has better fundamentals on the back of robust sales of the iPhone 6, says Scott Nations, Chief Investment Officer & President at NationsShares.
Samsung will need to make a bigger splash with its new Galaxy phone due in March and prove their competitiveness in the high-end market, says Edward Snyder, Co-Founder & Managing Director of Charter Equity Research.
Samsung said operating profit likely fell 37.4 percent in the October-December period to 5.2 trillion won ($4.74 billion), beating expectations.
Now that Spotify has over 50 million users, the music service is telling listeners which artist will be the next big thing.
Home automation and wearables are at an inflection point based on what we're seeing at CES.
August Smart Lock expands device line-up, introduces new partnerships.
The Consumer Electronics Show in Las Vegas has no shortage of gadgets even for the most tech-obsessed visitor. Here's what caught our eye.
Motorola is returning to Chinese smartphone market to take on Xiaomi and Huawei, as the venerable mobile maker's recovery gains momentum. The Financial Times reports.
Sony's chief executive says employees at its movie studio were victims of "one of the most vicious and malicious cyberattacks that we have known." The FT reports.
Samsung Electronics launched a lineup of high-tech premium TVs, calling on its original mainstay devices to help avert a second year of profit decline.
Asian stocks were mixed amid choppy trade on the first trading day of the week, as a raft of sluggish manufacturing surveys released across Europe and Asia over the past week curbed risk appetites.
China's Xiaomi rung in the New Year with a triple-digit percent revenue increase, but investors shouldn't pop champagne corks yet, analysts say.
The focus at the International Consumer Electronics Show this year will be on improving ideas already in the marketplace.
Forget smartwatches and the Google Glass -- 2015 may be the year of the ear for wearable technology.
Asian markets mostly advanced on a data-light Monday, but Japan's benchmark index erased earlier gains and turned negative on news of a possible Ebola case in Tokyo.


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Info Manager,
The desk responsible for updating schedules and standings for racin' today.
Articles by Info Manager
Marco Andretti won the pole for Satuday's Miwaukee IndyFest IZOD IndyCar Race at the Milwaukee Mile with a lap at 170.515 mph.
Second fastest was his Andretti Autosport teammate, James Hinchcliffe.
Third was Team Penske driver Will Power.
"So far, that was about as good as we could run, so I'm pleased," said Andretti, who earned his first […]
Carl Edwards won the pole on Friday for Sunday's Sprint Cup Series race at Michigan International Speedway.
Edwards, driving a Roush Fenway Racing Ford, laid down a lap at 202.564 mph.
"We've been working very hard and trying to turn the corner with these Ford Fusions to make them faster," Edwards said. "I just cannot wait to […]
Driver Jason Leffler, 37, died Wednesday night after a crash in a 410 sprint car race at Bridgeport Speedway in New Jersey.
Leffler, who competed in all of the top three NASCAR national series, had to be extricated from his sprint car after it flipped during a heat race. He was pronounced dead shortly after 9 p.m. […]
Trevor Bayne exchanged vows with new wife, Ashton, on Tuesday and celebrated their honeymoon on Sunday by winning the NASCAR Nationwide Series DuPont Pioneer 250 at Iowa Speedway.
Bayne passed Austin Dillon with 11 laps remaining of Austin Dillon – who had led 207 laps – clinched the victory.
"It's such a special week for me," Bayne said. "I […]
Jimmie Johnson was the easy winner Sunday in the NASCAR Sprint Cup Series Party in the Poconos 400. He lead 128 of the event's 160 laps won for the third time in 2013.
The Hendrick Motorsports driver continued to build on his series points lead, increasing his advantage over second-place Carl Edwards (18th Sunday) to 51 […]
Helio Castroneves dominated the Firestone 550 at Texas Motor Speedway on Saturday night.
In getting the victory, the Team Penske driver, who started the evening tied with Marco Andretti, took sole possession of first place in the IZOD IndyCar Series championship standings.
Driving the Chevrolet-powered No. 3 AAA Insurance car, Castroneves led 132 of 228 laps on […]
Rookie Jeb Burton added another chapter to his family's racing history Friday night when he won the 17th annual WinStar World Casino 400 at Texas Motor Speedway.
Burton, the 20-year-old son of 2002 Daytona 500 champion Ward Burton, posted his first NASCAR Camping World Truck Series victory at the expense of Ty Dillon, grandson of NASCAR […]
Will Power drove the No. 12 Verizon Team Penske Dallara Chevrolet, recorded a two-lap average speed of 219.182 mph on the 1.5-mile, high-banked oval to earn the Verizon P1 Award.
That speed was more than 3.5 mph faster than Alex Tagliani's 2012 pole-winning speed in the first year of the new chassis-engine package. Power had a […]
Sprint Cup qualifying and practice were rained out at Pocono raceway on Friday, and that puts Jimmie Johnson on the pole for Sunday's Party in the Poconos 400.
Johnson, the NASCAR Sprint Cup Series leader, will bring the field to the green flag with second-place Carl Edwards beside him on the front row. With the starting […]
Corvette Racing's drive for an eighth class championship in the 90th annual 24 Hours of Le Mans begins this weekend with two Compuware Corvette C6.Rs taking part in the annual Test Day at the 8.5-mile Circuit de la Sarthe on Sunday.
The eight-hour session will be critical for the No. 73 and No. 74 'Vettes, as […]


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This problem is based on a code using two different prime numbers
less than 10. You'll need to multiply them together and shift the
alphabet forwards by the result. Can you decipher the code?
Place the numbers 1 to 10 in the circles so that each number is the
difference between the two numbers just below it.
Have a go at this well-known challenge. Can you swap the frogs and toads in as few slides and jumps as possible?
Can you put the numbers 1 to 8 into the circles so that the four
calculations are correct?
Place six toy ladybirds into the box so that there are two ladybirds in every column and every row.
These two group activities use mathematical reasoning - one is
numerical, one geometric.
Use the interactivity to find all the different right-angled triangles you can make by just moving one corner of the starting triangle.
Your challenge is to find the longest way through the network
following this rule. You can start and finish anywhere, and with
any shape, as long as you follow the correct order.
Can you find which shapes you need to put into the grid to make the
totals at the end of each row and the bottom of each column?
Can you make square numbers by adding two prime numbers together?
Add the sum of the squares of four numbers between 10 and 20 to the
sum of the squares of three numbers less than 6 to make the square
of another, larger, number.
There are 78 prisoners in a square cell block of twelve cells. The
clever prison warder arranged them so there were 25 along each wall
of the prison block. How did he do it?
Ben has five coins in his pocket. How much money might he have?
What do you notice about the date 03.06.09? Or 08.01.09? This
challenge invites you to investigate some interesting dates
Can you put the numbers from 1 to 15 on the circles so that no
consecutive numbers lie anywhere along a continuous straight line?
Can you put plus signs in so this is true? 1 2 3 4 5 6 7 8 9 = 99
How many ways can you do it?
Using all ten cards from 0 to 9, rearrange them to make five prime
numbers. Can you find any other ways of doing it?
This problem is based on the story of the Pied Piper of Hamelin. Investigate the different numbers of people and rats there could have been if you know how many legs there are altogether!
What do the digits in the number fifteen add up to? How many other
numbers have digits with the same total but no zeros?
My cube has inky marks on each face. Can you find the route it has taken? What does each face look like?
Ten cards are put into five envelopes so that there are two cards in each envelope. The sum of the numbers inside it is written on each envelope. What numbers could be inside the envelopes?
Try out the lottery that is played in a far-away land. What is the
chance of winning?
Use the clues to find out who's who in the family, to fill in the family tree and to find out which of the family members are mathematicians and which are not.
Katie had a pack of 20 cards numbered from 1 to 20. She arranged
the cards into 6 unequal piles where each pile added to the same
total. What was the total and how could this be done?
Tim had nine cards each with a different number from 1 to 9 on it. How could he have put them into three piles so that the total in each pile was 15?
Is it possible to place 2 counters on the 3 by 3 grid so that there
is an even number of counters in every row and every column? How
about if you have 3 counters or 4 counters or....?
Use your logical-thinking skills to deduce how much Dan's crisps and ice-cream cost altogether.
Can you substitute numbers for the letters in these sums?
Arrange eight of the numbers between 1 and 9 in the Polo Square
below so that each side adds to the same total.
Look carefully at the numbers. What do you notice? Can you make
another square using the numbers 1 to 16, that displays the same
A dog is looking for a good place to bury his bone. Can you work
out where he started and ended in each case? What possible routes
could he have taken?
Zumf makes spectacles for the residents of the planet Zargon, who
have either 3 eyes or 4 eyes. How many lenses will Zumf need to
make all the different orders for 9 families?
Can you find all the different ways of lining up these Cuisenaire
Find the product of the numbers on the routes from A to B. Which
route has the smallest product? Which the largest?
Can you use the information to find out which cards I have used?
What do the numbers shaded in blue on this hundred square have in common? What do you notice about the pink numbers? How about the shaded numbers in the other squares?
You have two egg timers. One takes 4 minutes exactly to empty and
the other takes 7 minutes. What times in whole minutes can you
measure and how?
There were chews for 2p, mini eggs for 3p, Chocko bars for 5p and
lollypops for 7p in the sweet shop. What could each of the children
buy with their money?
Ram divided 15 pennies among four small bags. He could then pay any sum of money from 1p to 15p without opening any bag. How many pennies did Ram put in each bag?
Exactly 195 digits have been used to number the pages in a book.
How many pages does the book have?
Can you use this information to work out Charlie's house number?
Hover your mouse over the counters to see which ones will be
removed. Click to remover them. The winner is the last one to
remove a counter. How you can make sure you win?
A tetromino is made up of four squares joined edge to edge. Can
this tetromino, together with 15 copies of itself, be used to cover
an eight by eight chessboard?
Cut four triangles from a square as shown in the picture. How many
different shapes can you make by fitting the four triangles back
Place the numbers 1 to 8 in the circles so that no consecutive
numbers are joined by a line.
This challenge focuses on finding the sum and difference of pairs of two-digit numbers.
Find the sum and difference between a pair of two-digit numbers. Now find the sum and difference between the sum and difference! What happens?
A group of children are using measuring cylinders but they lose the labels. Can you help relabel them?
In this game for two players, you throw two dice and find the product. How many shapes can you draw on the grid which have that area or perimeter?
You have 5 darts and your target score is 44. How many different
ways could you score 44?


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Having unnecessary fat in various areas of your body can have a considerable impact on your health and self-confidence. While traditional weight-loss through workout and diet is a great method to lose weight in general, even the best workouts can't target problem areas like the tummy, inner thighs, arms, and butts. Liposuction is a time tested treatment that is used to eliminate excess fat from particular locations of the body, permitting an individual to form and contour their body to their taste. Is liposuction right for you? Learn now.
Pros of Liposuction
There are lots of advantages to this cosmetic procedure, including:
• Immediately noticeable changes. Unlike conventional weight-loss, liposuction develops changes that are instantly noticeable in the body. Some difference is obvious right away, and the wanted outcomes are usually accomplished in simply a few days.
• Proven and safe. This cosmetic procedure has been carried out by skilled specialists all over the world for years and the technique has been fine-tuned over and once again to be safe and effective.
• Recovery time is usually fast. The downtime needed after having this kind of procedure is normally much less than what is needed for other kinds of cosmetic treatments, including abdominoplasty, breast reduction, and more. Individuals who have had the treatment can often return to work far more rapidly than they anticipated and can get back to living a healthy, active way of life.
• Weight-loss can be irreversible. With the right maintenance techniques, the fat that was gotten rid of during the liposuction procedure will not return.
• Complete control over your body. With liposuction, a person can have complete control over how they wish to look, beyond what conventional diet and exercise can offer. Providing individuals this power over their bodies increases self-confidence and help individuals feel their best.
While there countless advantages to liposuction, there are naturally a couple of caveats that need to be considered before making the final decision to move forward with the treatment.
Cons of Liposuction
Before having liposuction done, it's important to examine the potential drawbacks of the treatment and figure out if the advantages exceed the risks in your certain case. Your surgeon can help you learn more about the dangers associated with the treatment and can help you decide if moving forward is the best thing for you.
• Complications with basic anesthesia. Due to the fact that liposuction is performed under general anesthesia, the treatment brings the same risks as any other type of surgical treatment where general anesthesia is utilized. Hidden medical conditions might enhance these threats.
• Unfavorable reactions. Bruising, bleeding, and pain are all to be expected, nevertheless, in unusual cases can cause more significant problems.
• The prospective to acquire the weight back. After having liposuction done, it is vital to maintain a healthy diet plan and workout effectively as recommended by your doctor. Failure to do so might lead to getting back the weight that was lost or potentially much more.
Although there are dangers connected with liposuction, for many individuals, the advantages far exceed them. Inform yourself about the treatment by having thorough discussions with your specialist and think about how liposuction has the prospective to impact you as an unique person. Only you and your surgeon can determine if liposuction will supply you with the results you are trying to find within your expectations.Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Flagler Beach FL
Laser liposuction is a newer, minimally intrusive treatment that involves heating the fat cells to melting point and eliminating the melted fat through a little cannula. The treatment is usually done right in your doctor's office and is an exceptional option for people who have less than 500 ml of fat to eliminate from any one location. Laser liposuction can be a safe, complementary treatment to weight reduction in order to sculpt the body you have actually constantly desired.
Contact a Cosmetic surgeon in your Flagler Beach FL today.
If you're considering liposuction as a weight loss solution, it is essential that you discuss your desires with a certified plastic surgeon in your area. Your cosmetic surgeon will perform a total exam and health history survey to figure out if liposuction can benefit you and assist you reach your physical and emotional goals. Call today for a consultation and find out more about how liposuction can assist you attain the body of your dreams.


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April 9, 2012
SHAUN OWENS,PLAINTIFF,v.WALGREEN CO. AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANT.
Plaintiff Shaun Owens brought this action against defendant Walgreen Co. ("Walgreen") arising out of defendant's allegedly discriminatory employment practices on the basis of plaintiff's race and mental disability. Presently before the court is defendant's motion to dismiss for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b). (Docket No. 4.)
I. Factual and Procedural Background In August 2007, plaintiff was hired by defendant as a manager in training ("MGT"). (Compl. ¶ 8.) Plaintiff began his employment in Store 7313 in Modesto, California. (Id. ¶ 9.) On March 17, 2008, plaintiff was notified by Executive Assistant Manager ("EXA") Andrew Terry of an opportunity to transfer to Store 6355, also in Modesto, California. (Id. ¶¶ 9-10.) Plaintiff alleges that Terry, who like plaintiff is an African American, warned him about the manager at Store 6355, Adriana Frias, saying "Watch out for Frias, she's been known to not take kindly to managers of color." (Id. ¶ 9.)
Plaintiff alleges various verbal confrontations with Frias that stemmed from his requests for additional training. (Id. ¶¶ 12-14.) On April 4, 2008, plaintiff called Walgreen's toll-free, confidential hotline for complaints to report how Frias was treating him. (Id. ¶ 15.) On April 5, 2008, plaintiff spoke with Loss Prevention/Human Resources Representative Derrick Chan and informed Chan that Frias "was treating him unfairly because of his race in terms of the shifts he was assigned, the lack of time off he was being provided and the way she was treating him differently than other employees." (Id.) Chan instructed plaintiff to write out a timeline detailing what had happened and indicated that he would look into the situation. (Id.)
On April 9, 2008, plaintiff was working the night shift when he witnessed a masked gunman loading prescription drugs into a duffle bag while the pharmacist held up her hands. (Id. ¶ 16.) Plaintiff, the pharmacy tech, pharmacist, and a customer escaped to the warehouse where, once behind the locked door, plaintiff dialed 911. (Id.) Following the robbery, plaintiff requested that Frias give him a day or two off work, but Frias refused and scheduled plaintiff to work the day after the robbery. (Id. ¶ 17.)
On April 11, 2008, Frias told plaintiff he had made an error on the cash report. (Id. ¶ 19.) Plaintiff replied that "he was still shook up from the robbery incident, that his focus was off, and that he was nervous closing the store alone." (Id.) Frias told plaintiff that, "That's no excuse. You've worked here nine months. You shouldn't be making mistakes." (Id.)
After learning about a Walgreen counseling program, plaintiff expressed interest in receiving counseling on or about April 24, 2008. (Id. ¶ 21.) Plaintiff alleges that Frias became angry with him because he wanted to open a counseling claim, but that Frias contacted the claims administrator so that plaintiff could put in a claim for benefits. (Id.)
In May 2008, plaintiff met again with Chan and explained that Frias was singling him out, treating him unfairly, denying him training opportunities, and scheduling him only for night shifts. (Id. ¶ 26.) Plaintiff stated that he believed that the basis for the unfair treatment was his race. (Id.) Plaintiff also informed Chan that the robbery was having a negative impact on him and that "I'm kind of screwed up. I'm constantly watching the door." (Id.)
On May 21, 2008, plaintiff began to receive counseling from licensed therapist Pamela Mello. (Id. ¶ 27.) Plaintiff states that he was suffering from serious emotional distress including sleep deprivation, headaches, stomach aches, anxiety, and depression. (Id.)
In May 2008, plaintiff contacted Walgreen District Manager Linda DeFranzo and requested a transfer. (Id. ¶ 28.) Plaintiff initially requested a transfer because of the high cost of gasoline and his long commute. (Id.) After speaking with DeFranzo, plaintiff admitted that the real reason for his transfer request was that Frias harassing was him and treating him differently from other employees because of his race. (Id.) DeFranzo informed plaintiff that she would speak with Frias. (Id.)
On May 23, 2008, plaintiff was written up by Frias for not completing a work list and for cash handling errors. (Id. ¶ 29.) Plaintiff alleges that other employees were not written up for similar behavior. (Id. ¶¶ 30-31.)
While at work on May 28, 2008, plaintiff began to feel nervous, anxious, his vision blurred, and he became dizzy. (Id. ¶ 33.) Plaintiff left work and was treated at St. Joseph's Medical Center in Stockton, California. (Id.) Plaintiff was prescribed medication and referred to Dr. John Chellsen, a psychiatrist at St. Johnson's Occupational Heath. (Id.) Dr. Chellsen took plaintiff off work for approximately five months. (Id.)
On September 15, 2008, plaintiff was notified that he was being transferred to Store 2680 in Stockton, California. (Id. ¶ 34.) Plaintiff returned to work at Store 2680 on October 27, 2008, under store manager Robert Scheven. (Id.) Despite assurances that he would not be working alone, plaintiff worked the graveyard shift by himself several days in the week following his return. (Id.)
On December 24, 2008, Scheven gave plaintiff a verbal warning for an error on a cash drop. (Id. ¶ 39.) Plaintiff felt "increasingly anxious at work and continued to have difficulty sleeping." (Id.) Plaintiff also suffered from headaches and stomach aches and had intense crying fits and depression. (Id.)
On January 19, 2009, plaintiff was written up by Scheven using the store's DVR monitor without permission or authorization. (Id. ¶ 40.) Plaintiff explained that he was trained on the DVR monitor and provided the passcode by MGT Aaron Ring, a Caucasian employee with the same job title as plaintiff, but with less seniority. (Id.) On the write up, plaintiff indicated that he loved working at Walgreen, was concerned that he had been transferred because of problems with Frias, and that he knew that Scheven and Frias were dating. (Id.)
Later that day, plaintiff was approached by another Walgreen employee who stated that plaintiff looked extremely depressed and sad. (Id. ¶ 41.) The employee stated that, "Scheven gets rid of good people, especially the black ones." (Id.)
On February 12, 2009, plaintiff was written up for cash handling errors. (Id. ¶ 43.) The write up noted, "Cash handling mistakes will lead to future disciplinary actions up to and including termination." (Id.) Plaintiff noted on the write up, "I hope that I am not the only MGT being written up for cash handling. I have not heard of any others being written up." (Id.)
On February 20, 2009, plaintiff met with Walgreen Loss Prevention Representative Denver Floyd and Corporate Human Resources Manager Connie Spelstrum. (Id. ¶ 45.) Plaintiff informed Floyd and Spelstrum about the "emotional distress he was enduring at work which was caused by the discriminatory and hostile treatment by" Walgreen management. (Id.) Specifically, plaintiff indicated that Frias and Scheven were retaliating against him for complaining. (Id.) He further explained that he was having issues because of the robbery and that he felt that the managers were treating him differently because of his race. (Id.)
Also on February 20, 2009, plaintiff was approached by Walgreen District Manager Joe Friello to discuss his complaints. (Id. ¶ 46.) Friello explained that plaintiff was going to be transferred to the March Lane Store. (Id.)
On February 26, 2009, plaintiff faxed a letter to Floyd detailing incidents regarding Scheven. (Id. ¶ 47.) Plaintiff indicated that he wanted to work in an environment where he was not judged by the color of his skin and that he aspired to become a Walgreen Store Manager. (Id.)
On February 29, 2009, plaintiff began working at the March Lane store. (Id. ¶ 48.) Plaintiff noticed that Scheven was visiting the March Lane store and calling the Store Manager, Angie Smith. (Id.)
On March 29, 2009, plaintiff overslept, arrived late at work, and opened the store over an hour late. (Id. ¶ 49.) Plaintiff was not feeling well and "believed it was due to the stress caused by the treatment he received from" Walgreen managers. (Id.) Later that day, EXA William Espinoza told plaintiff that MGT Garret Memory also opened late a few months prior and did not receive a write up. (Id. ¶ 50.) Espinoza offered that plaintiff could stay late to make up the lost time, but plaintiff told Espinoza that he believed that it was against company policy to make up lost time and that he did not want to get in more trouble. (Id.) Plaintiff told Espinoza that he was going to take his "happy, fat black butt home." (Id.)
On April 2, 2009, plaintiff overheard Smith speaking with Friello on speaker phone about what action to take regarding plaintiff opening the store late. (Id. ¶ 53.) Plaintiff heard Friello acknowledge that they did not write up Memory for the same conduct, but that they were going to suspend plaintiff. (Id.) Plaintiff was asked into a meeting with Smith and Walgreen Loss Prevention/HR Representative Shawna Charles, where plaintiff was asked about opening the store late, concerns regarding punching in and out, and DVR recordings of him taking long lunches. (Id.) Plaintiff stated that he had made race discrimination claims to Floyd. (Id.) At the end of the meeting, plaintiff was suspended. (Id.)
On April 15, 2009, plaintiff received a letter from Smith terminating him for gross misconduct. (Id. ¶ 55.) The letter listed the March 29 incident of opening the store late, for refusing to stay late to make up the lost time, for stating that he was going to "take your black ass home," and for taking a lunch break on April 2 without clocking out. (Id.)
Plaintiff alleges that he was contacted by Charles shortly after his termination and that she told him that she believed his termination was unjustified. (Id. ¶ 56.)
On February 18, 2010, plaintiff submitted a complaint to the California Department of Fair Employment and Housing ("DFEH").*fn1 (Id. ¶ 6.) On December 23, 2010, the DFEH issued plaintiff a right-to-sue letter. (Id.)
On December 22, 2011, plaintiff filed a complaint in state court alleging seven causes of action under California's Fair Employment and Housing Act ("FEHA"): (1) Discrimination Based on Race (Cal. Gov't Code §§ 12940(a), 12920); (2) Discrimination Based on Disability (id. § 12940(a)); (3) Failure to Accommodate Disability (id. § 12940(m)); (4) Failure to Engage in Interactive Process (id. § 12940(n)); (5) Retaliation (id. § 12940(h)); (6) Failure to Prevent Discrimination and/or Retaliation (id. § 12940(k)); and (7) Wrongful Termination in Violation of Public Policy. (Docket No. 1 Ex. A.) Defendant removed the case to federal court on the basis of diversity jurisdiction. (Id.)
II. Discussion
On a motion to dismiss, the court must accept the allegations in the complaint as true and draw all reasonable inferences in favor of the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183 (1984); Cruz v. Beto, 405 U.S. 319, 322 (1972). To survive a motion to dismiss, a plaintiff must plead "only enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). This "plausibility standard," however, "asks for more than a sheer possibility that a defendant has acted unlawfully," Ashcroft v. Iqbal, 556 U.S. 662, --------, 129 S. Ct. 1937, 1949 (2009), and "[w]here a complaint pleads facts that are 'merely consistent with' a defendant's liability, it 'stops short of the line between possibility and plausibility of entitlement to relief.'" Id. (quoting Twombly, 550 U.S. at 557).
A. Discrimination Based on Race (Claim One) Plaintiff's first cause of action alleges discrimination based on race under FEHA. FEHA makes it illegal for an employer "because of the race . . . of any person, to refuse to hire or employ the person." Cal. Gov't Code § 12940(a). Plaintiff's first cause of action under FEHA stems from defendant's allegedly discriminatory conduct due to plaintiff's race.
Before a plaintiff can pursue a FEHA claim, the plaintiff must exhaust all administrative remedies and receive a right to sue notice from the DFEH. Romano v. Rockwell Int'l, Inc., 14 Cal. 4th 479, 492 (1996). In order for an administrative complaint to be timely, it must be filed within "one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred." Cal. Gov. Code § 12960; Romano, 14 Cal. 4th at 492; Accardi v. Superior Court, 17 Cal. App. 4th 341, 349 (2d Dist. 1993). Plaintiff alleges that he submitted a complaint to the DFEH on February 18, 2010, and was issued a right to sue letter on December 23, 2010. (Compl. ¶ 6.)
The majority of the allegedly discriminatory conduct plaintiff describes in his Complaint occurred more than one year before plaintiff filed his DFEH complaint. None of the allegedly discriminatory conduct by Frias or Scheven occurred after February 18, 2009, in part because plaintiff was transferred to the March Lane store on February 29, 2009. Plaintiff does not allege in his Complaint that defendant engaged in any discriminatory conduct on the basis of his race after February 18, 2009. Plaintiff argues in his opposition to the motion to dismiss that "[t]he decision to terminate was racially motivated by Frias and Shreven," (Pl.'s Opp'n to Def.'s Mot. to Dismiss at 7:21-22 (Docket No. 7)), however, plaintiff's Complaint does not allege that his termination was racially motivated.*fn2 Plaintiff nonetheless contends that, under "cat's paw" liability and the continuing violation doctrine, the court should consider defendant's allegedly discriminatory conduct that occurred prior to February 18, 2009.
1. "Cat's Paw" Liability
The "cat's paw" theory of liability provides that where a subordinate "sets in motion a proceeding by an independent decisionmaker that leads to an adverse employment action, the subordinate's bias is imputed to the employer if the plaintiff can prove that the allegedly independent adverse employment decision was not actually independent because the biased subordinate influenced or was involved in the decision or decisionmaking process." Poland v. Chertoff, 494 F.3d 1174, 1182 (9th Cir. 2007). Plaintiff argues that the court should apply the "cat's paw" theory of liability in this case because Friello, who oversaw Frias and Scheven, was involved in the decision to terminate plaintiff. (Pl.'s Opp'n to Def.'s Mot. to Dismiss at 7:21-25.)
Plaintiff does not allege any facts suggesting that Frias' and Scheven's discriminatory conduct set in motion the proceedings leading to plaintiff's termination. Although plaintiff represented oral arguments that paragraphs 45 and 53 of the Complaint establish that Frias and Scheven were involved in the decision to terminate him, those paragraphs do not actually allege Frias and Scheven's involvement nor do they permit the court to make such an inference. (See Compl. ¶¶ 45, 53.) The only motivations alleged by plaintiff for his termination were those he describes as being listed in his termination letter dated April 15, 2009: "opening the store late, for refusing to stay late to make up the lost time, for stating he was going to 'take your black ass home,' for taking a lunch break on April 2nd without clocking out, then taking additional time to eat his lunch upon his return." (Id. ¶ 55.) Each of these actions occurred after plaintiff transferred to the March Lane store and while he was under the supervision of store manager Smith, who plaintiff does not allege engaged in any discriminatory conduct. Plaintiff therefore fails to allege any facts suggesting that Smith and Friello's independent decision to terminate him was the result of Frias' and Scheven's allegedly discriminatory conduct.
2. Continuing Violation Doctrine Under the continuing violation doctrine, "an employer is liable for actions that take place outside the limitations period if these actions are sufficiently linked to unlawful conduct that occurred within the limitations period." Yanowitz v. L'Oreal USA, Inc., 36 Cal. 4th 1028, 1056 (2005). The continuing violation doctrine applies when an employer's unlawful acts are: (1) sufficiently similar in kind; (2) have occurred with reasonable frequency; and (3) have not acquired a degree of permanence. Richards v. CH2M Hill, Inc., 26 Cal. 4th 798, 823 (2001). Thus, a continuing violation may exist where there is a company-wide policy or practice of discrimination, or a series of related acts against a single individual. Morgan v. Regents of the Univ. of Cal., 88 Cal. App. 4th 52, 64 (1st Dist. 2001).*fn3
"The plaintiff must demonstrate that at least one act occurred within the filing period and that 'the harassment is more than the occurrence of isolated or sporadic acts of intentional discrimination.'" Id. (quoting West v. Philadelphia Elec. Co., 45 F.3d 744, 755 (3d Cir. 1995)). As discussed above, plaintiff fails to claim that the defendant engaged in any racially discriminatory conduct after February 18, 2009. Plaintiff is therefore unable to demonstrate that actions taken within the filing period represent a continuation of defendant's practice of discrimination outside of the filing period.
B. Discrimination Based on Mental Disability (Claims Two Through Seven)
FEHA also makes it illegal for an employer "because of the . . . mental disability . . . of any person, to refuse to hire or employ the person." Cal. Gov't Code § 12940(a). Plaintiff's second through seventh causes of action assert claims under FEHA stemming from defendant's allegedly discriminatory actions on the basis of plaintiff's mental disability.
FEHA places primary responsibility for disposing of employment discrimination complaints with the Department of Fair Employment and Housing ("DFEH") in order to encourage informal conciliation of employment discrimination claims and foster voluntary compliance with FEHA. Rodriguez v. Airborne Express, 265 F.3d 890, 901 n.10 (9th Cir. 2001). A plaintiff must therefore exhaust his or her administrative remedies under FEHA and receive a right to sue letter from DFEH before seeking judicial relief from the discriminatory action alleged in his or her administrative charge. Romano, 14 Cal. 4th at 492.
Plaintiff alleged in his Complaint that he "submitted a complaint to the [DFEH] in order to administratively exhaust claims made under the auspices of the California Fair Employment and Housing Act. On December 23, 2010, the [DFEH] issued a right to sue letter." (Compl. ¶ 6.) Plaintiff attached a copy of his DFEH complaint to his opposition to defendant's motion to dismiss. (Gaspar Decl. Ex. B (Docket No. 7-1).) The attached document is signed by plaintiff on December 18, 2010 -- the date alleged in the Complaint. In the section entitled "Cause of Discrimination Based On," plaintiff checked the box for "RACE" and "OTHER." In the space provided immediately after "OTHER," plaintiff typed in "RETALIATION." In the description section, plaintiff noted several instances in which he alleged that he was subject to disparate treatment "because of my race (African-American) and terminated in retaliation for complaining." (Id.) Plaintiff did not assert that he was subject to disparate treatment because of a mental disability or that his retaliation bore any relationship to complaints about his alleged mental disability. Defendant contends that plaintiff failed to exhaust his administrative remedies with respect to his alleged mental disability-based allegations because he did not include such claims in his DFEH complaint.
The scope of the written DFEH complaint defines the permissible scope of the subsequent civil action. Yurick v. Superior Court, 209 Cal. App. 3d 1116, 1121-23 (3d Dist. 1989). "Allegations in the civil complaint that fall outside of the scope of the administrative charge are barred for failure to exhaust." Rodriguez, 265 F.3d at 897. In order for plaintiff's charge of discrimination on the basis of race to be construed to include a claim of discrimination on the ground of mental disability, the mental disability ground would have to be "like or reasonably related to" the claim of race discrimination. Sandhu v. Lockheed Missiles & Space Co., 26 Cal. App. 4th 846, 859 (6th Dist. 1994). "This standard is met where the allegations in the civil suit are within the scope of the administrative investigation 'which can reasonably be expected to grow out of the charge of discrimination.'" Rodriquez, 265 F.3d at 897 (quoting Sandhu, 26 Cal. App. 4th at 859.
The court concludes that plaintiff's charge of discrimination on the basis of his race would not reasonably trigger an investigation into discrimination on the ground of mental disability. The two claims involve totally different kinds of allegedly improper conduct, and investigation into one claim would not likely lead to investigation of the other. See Rodriguez, 265 F.3d at 897-98 (finding that plaintiff's timely exhaustion of his ethnic discrimination claim did not encompass his disability claim); see also Shah v. Mount Zion Hosp. & Med. Ctr., 642 F.2d 268, 271 (9th Cir. 1981) (affirming trial court's dismissal of plaintiff's civil claims based on race and religious discrimination because such allegations were not "reasonably related" to the allegations of sex discrimination explicitly listed in the EEOC Charge); Chaudhary v. Telecare Corp., No. 99-3189, 2000 WL 1721075, at *3 (N.D. Cal. Nov. 12, 2000) ("Because claims of sex and age discrimination are not 'reasonably related to' national origin/ancestry discrimination DFEH charges, they must be dismissed for failure to exhaust administrative remedies."). It would not be proper to expand plaintiff's claim, when "the difference between the charge and the complaint is a matter of adding an entirely new basis for the alleged discrimination." Okoli, 36 Cal. App. 4th at 1615.
Plaintiff suggests that any in-person interview by a DFEH investigator would have led the investigator to uncover plaintiff's mental disability discrimination claims. This is not the test for determining whether plaintiff has exhausted his administrative remedies. As discussed above, the court must look to what is set forth in the administrative claim itself to determine whether it was sufficient to place the examiner on notice of the claims plaintiff seeks to bring in this action. If simply alleging the mental disability-based allegations in this action following his failure to properly exhaust his administrative remedy were deemed sufficient, it would allow plaintiff to bypass, and thus defeat, the exhaustion requirement -- the purpose of which is "to give the administrative agency the opportunity to investigate, mediate, and take remedial action." Stewart v. U.S. Immigration & Naturalization Serv., 762 F.2d 193, 198 (2d Cir. 1985). Accordingly, the court will grant defendant's motion to dismiss plaintiff's mental disability-based discrimination claims (claims two through seven).
IT IS THEREFORE ORDERED THAT defendant's motion to dismiss be, and the same hereby is, GRANTED.
Plaintiff has twenty days from the date of this Order to file an amended complaint, if he can do so consistent with this Order.
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United States District Court, W.D. New York
January 16, 2014
DENNIS KUDER, Plaintiff,v.CITY OF ROCHESTER, SUPERVISOR CHARLES LUNDY, COMMISSIONER PAUL HOLOHAN, Defendants
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[Copyrighted Material Omitted]
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Dennis Kuder, Plaintiff, Pro se, Castile, NY.
For Dennis Kuder, Plaintiff: Ryan Charles Woodworth, WNY Civil Rights, PLLC, Brighton, NY.
For City of Rochester, Supervisor Charles Lundy, Commissioner Paul Holohan, Both Individually, Defendants: Adam M. Clark, LEAD ATTORNEY, City of Rochester, Law Department, Rochester, NY.
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DAVID G. LARIMER, United States District Judge.
Plaintiff Dennis Kuder (" Kuder" ), an employee of the City of Rochester's (the " City" ) Department of Environmental Services (" DES" ), commenced the instant action against the City, Supervisor Charles Lundy (" Lundy" ), and DES Commissioner Paul Holohan (" Holohan" ) pursuant to 42 U.S.C. § 1983.[1] Kuder, who was employed by the DES in an unspecified capacity, alleges that the defendants violated his rights under the Fourteenth Amendment by subjecting him to unlawful discrimination on the basis of age and disability, retaliated against him on the basis of his engagement in constitutionally-protected speech in violation the First Amendment, and maintained a pattern or practice whereby his constitutional rights were violated.
Defendants now move to dismiss the complaint for failure to state a claim pursuant to Fed. R. Civ. Proc. 8 and 12(b)(6). (Dkt. #5). For the following reasons, defendants' motion is granted.
Plaintiff was initially hired by the DES in 1988. Plaintiff alleges that in 2007, when he was approximately 41 years old, he suffered work-related knee and rotator cuff injuries which impaired his ability to perform major life activities, including working, and that the defendants thereafter regarded him as disabled.
In September 2008, plaintiff complained to his supervisor, Lundy, that he believed he was being subjected to disparate treatment because of his age and disability. Specifically, plaintiff complained that dispatchers were ignoring his dispatches, and that plaintiff's coworkers were permitted to use profanity over the dispatch system and in conversations with one another with impunity, while plaintiff was reprimanded for using far less objectionable language, such as the word " idiot."
Plaintiff alleges that after he complained to Lundy about disparate treatment, he was harassed by a coworker, who on one occasion yelled " suck my dick" at plaintiff, over and over, in the presence of coworkers. Plaintiff complained about this conduct to Lundy, but alleges that no investigation of the incident was made and no disciplinary action was taken. Plaintiff contends that during and after this time, the dispatchers continued to disregard his dispatches, and that he was held to a higher standard of conduct than younger, non-disabled employees. Specifically, plaintiff describes favorable treatment given to Kevin Walker, a younger, non-disabled employee and the object of plaintiff's harassment complaint, who was permitted to leave trash in his truck without being disciplined, and to go home early after a " truck failure," while plaintiff was required
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to follow DES policy in such circumstances, which mandated cleaning out trucks at the end of the day, following reporting procedures and returning to duty in the event of an equipment failure. Plaintiff also claims that another supervisor, Bill Cole, ordered him to illegally dispose of garbage and that when plaintiff refused, he was required to submit to a random drug test in retaliation, and was thereafter terminated.[2]
In November 2010, plaintiff's employment with DES was terminated. Plaintiff alleges that his termination occurred just two months before his twenty-year anniversary with DES, at which time his pension benefits would have increased by $300.00 per month.[3]
Plaintiff alleges that his performance was above average throughout his employment, and claims that his termination occurred in retaliation for his complaints of discrimination and/or refusal to engage in an illegal task as directed by a DES supervisor.
I. Standard of Review
In deciding a motion to dismiss under Fed. R. Civ. Proc. 12(b)(6), the court accepts all allegations in the complaint as true, and draws all reasonable inferences in the plaintiff's favor. See Kuck v. Danaher, 600 F.3d 159, 166 (2d Cir. 2010); Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 89-90 (2d Cir. 2004). Nonetheless, " a plaintiff's obligation . . . requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Where a plaintiff " ha[s] not nudged [his] claims across the line from conceivable to plausible," his complaint must be dismissed. Id., 550 U.S. 544 at 570.
II. Kuder's First Amendment Retaliation Claim
Initially, Kuder claims that he was terminated in violation of the First Amendment pursuant to Section 1983, in retaliation for complaining about age and disability-based discrimination and/or for refusing an order to dump garbage illegally.
In order for a public employee to state a claim for First Amendment retaliation, the employee must plead that he: (1) spoke as a citizen on a matter of public concern rather than as an employee on matters of personal interest; (2) suffered an adverse employment action; and (3) the speech was at least a substantial part or
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motivating factor in the adverse employment action. See e.g., Zelnik v. Fashion Inst. of Tech., 464 F.3d 217, 225 (2d Cir. 2006); Grillo v. N.Y.C. Transit Auth., 291 F.3d 231, 235 (2d Cir. 3003).
Beginning with the second prong of the analysis, " [i]n the context of a First Amendment retaliation claim, [the Second Circuit has] held that '[o]nly retaliatory conduct that would deter a similarly situated individual of ordinary firmness from exercising his or her constitutional rights constitutes an adverse action.'" Zelnik, 464 F.3d 217 at 225-226, quoting Washington v. County of Rockland, 373 F.3d 310, 320 (2d. Cir. 2004). It is well settled that " [a]dverse employment actions include discharge." Morris v. Lindau, 196 F.3d 102, 110 (2d Cir. 1999). See also Dillon v. Morano, 497 F.3d 247, 251 (2d Cir. 2007). As such, plaintiff has clearly alleged he suffered an adverse employment action when his employment was terminated.
With regard to circumstances giving rise to an inference of discrimination, " [a] plaintiff may establish causation indirectly by showing his speech was closely followed in time by the adverse employment decision," Cioffi v. Averill Park Cent. Sch. Dist. Bd. of Educ., 444 F.3d 158, 168 (2d Cir. 2006), through circumstantial evidence such as disparate treatment of similarly situated employees who did not engage in similar speech, or through direct evidence of retaliation. Gordon v. New York City Bd. of Educ.., 232 F.3d 111, 117 (2d Cir. 2000). Here, plaintiff relies the temporal proximity between his complaints and his termination.
Plaintiff alleges that his employment was terminated in November 2010, more than two years after he initially complained to Lundy about disparate treatment on the basis of age and disability in September 2008, 23 months after he began complaining to Lundy in January 2009 on a constant, ongoing basis about allegedly retaliatory conduct, and one month after he verbally refused an order by a supervisor to dump garbage and thereafter complained to Lundy about it. (Dkt. #1 at ¶ 30). Generally, " [i]f a plaintiff is relying on temporal proximity alone, the temporal relationship between the protected activity and the adverse action must be very close." Johnson v. Nicholson, at *18 (E.D.N.Y. 2007). While I find that the approximately two-year lapse between plaintiff's discrimination complaints and his termination is too great to support an inference that they are causally related, the Court assumes arguendo that the plaintiff's verbal refusal to dump garbage and his complaints concerning that incident are temporally close enough to his termination the following month to suggest that his termination could have been retaliatory.
Nonetheless, even if some part of plaintiff's " speech" played a role in the decision to terminate his employment, plaintiff's claims of retaliation fall short, because he has failed to plausibly allege that any of the speech in which he engaged involved a matter of public concern. " A matter of public concern is one that relates to any matter of political, social or other concern to the community." Singer v. Ferro, 711 F.3d 334, 339 (2d Cir. 2013) (internal quotations omitted). Conversely, speech that, although touching on a topic of general importance, primarily concerns an issue that is personal in nature and specific to the employee's own situation, does not address a matter of public concern. See Saulpaugh v. Monroe Cmty. Hosp., 4 F.3d 134, 143 (2d Cir. 1993). As such, " [a] public employee's complaints to his supervisors about discrimination or harassment [against him] typically do not
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meet the 'public concern' standard." Brown v. N.Y. State Dep't of Corr. Servs.., 583 F.Supp.2d 404, 412-413 (W.D.N.Y. 2008). " [R]etaliation against the airing of generally personal grievances is not brought within the protection of the First Amendment by the mere fact that one or two of [a public employee's] comments could be construed broadly to implicate matters of public concern." Ruotolo v. City of New York, 514 F.3d 184, 190 (2d Cir. 2008).
Again, plaintiff alleges that he complained to Lundy on an " ongoing" basis, beginning in November 2008 and continuing from January 2009 through November 2010 -- that he was being subjected to age and/or disability-based discrimination and retaliation. After October 2010, he began complaining to Lundy that he'd been asked by a different supervisor to dump garbage in a manner that plaintiff believed was illegal. Plaintiff makes no allegation that he ever complained about discrimination or illegal activities in the general sense, or on a widespread scale: rather, all of his allegations describe complaints that were confined to plaintiff's own, particularized personnel issues, and his belief that he, and he alone, was a victim of discrimination. See generally Saulpaugh, 4 F.3d 134 at 143 (although complaints implicating " system wide discrimination . . . unquestionably involve[] a matter of public concern . . . complaints [which are] personal in nature and generally related to [plaintiff's] own situation" do not present matters of public concern). See also Pedrosa v. City of New York, at *35 (S.D.N.Y. 2014) (where " each of the complaints lodged by Plaintiff . . . concerned only Plaintiff's own situation and did not hint at broader problems," plaintiff was not speaking on a matter of public concern, and to find otherwise " would constitute an impermissible 'constitutionaliz[ation] of] the employee grievance'" ), quoting Garcetti v. Ceballos, 547 U.S. 410, 420, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006).
As such, plaintiff has failed to plausibly allege that he engaged in speech on a matter of public concern. Plaintiff's First Amendment retaliation claim is insufficiently stated, and is dismissed.
III. Equal Protections Claims: Age-Based and Disability-Based Discrimination
Plaintiff also claims that he was subjected to disparate treatment and a hostile work environment based on his age and perceived disability, in violation of his right to equal protection under the Fourteenth Amendment, pursuant to Section 1983.[4]
A. Age and Disability-Based Disparate Treatment
In order to state a discrimination claim under the Equal Protection Clause, plaintiff must allege that he was treated differently from others similarly situated as a result of intentional or purposeful discrimination, based on membership in a protected class. See Hamzik v.
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Office for People with Developmental Disabilities, 859 F.Supp.2d 265, 280 (N.D.N.Y. 2012); McIntyre v. Longwood Cent. Sch. Dist., *34 (E.D.N.Y. 2008). However, " conclusory allegations of disparate treatment or plaintiff's personal opinion that such treatment was motivated by discriminatory intent is not enough to prevail on an equal protection claim." Hamzik, 859 F.Supp.2d 265 at 280, citing Nash v. McGinnis, 585 F.Supp.2d 455, 462 (W.D.N.Y. 2008).
Here, plaintiff has failed to plausibly allege that he was treated differently from others who were similarly situated. A plaintiff alleging a discrimination claim as a violation of equal protection " must plausibly allege the existence of at least one comparator who was more favorably treated despite being 'similarly situated to the plaintiff in all material respects,' meaning the comparator was '(1) subject to the same performance evaluation and discipline standards and (2) engaged in comparable conduct.'" Thompson v. New York City, at *23 (S.D.N.Y. 2013), quoting Ruiz v. County of Rockland, 609 F.3d 486, 493-94 (2d Cir. 2010). See also Graham v. long Island R.R., 230 F.3d 34, 39 (2d Cir. 2000).
Here, plaintiff's factual allegations allude to both plaintiff and Walker driving trucks which they were obliged to keep clean, and contends that both were required to follow certain protocols in the event of an equipment failure. However, plaintiff never identifies his own job title or Walker's, and does not allege that they occupied the same rank or position, held the same duties and responsibilities or answered to the same supervisors, or that their performance was evaluated the same way.[5] See generally De La Peña v. Metro. Life Ins. Co., 953 F.Supp.2d 393, *50 (E.D.N.Y. 2013) (plaintiff's proffer of comparators is insufficient to survive a Rule 12(b)(6) motion to dismiss, without " enough facts to support the contention that these employees were so similarly situated to the Plaintiff that treating the Plaintiff differently from [them] was sufficient to raise a plausible inference of disparate treatment . . ." ). Plaintiff has simply not alleged sufficient facts to support a plausible inference that he and Walker were similarly situated in all material respects. Moreover, plaintiff alleges no facts whatsoever suggesting that the reason he was treated differently from Walker was in any way related to plaintiff's age or perceived disability. While the standard for alleging a claim of discrimination is not high, a complaint cannot rest on mere legal conclusions, and the Court " cannot infer discrimination from thin air." Lizardo v. Denny's, Inc., 270 F.3d 94, 104 (2d Cir. 2001).
B. Age and Disability-Based Hostile Work Environment
The complaint also purports to state a claim of hostile work environment. In order to prevail on such a claim, a plaintiff must demonstrate that his workplace was permeated with " discriminatory intimidation, ridicule, and insult ... sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment," and show a specific basis for imputing the conduct that created the hostile work environment to his employer. Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (internal quotation marks and citations omitted).
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See also Mack v. Otis Elevator Co., 326 F.3d 116, 122 (2d Cir. 2003); Alfano v. Costello, 294 F.3d 365, 373 (2d Cir. 2002); Perry v. Ethan Allen, Inc., 115 F.3d 143, 149 (2d Cir. 1997).
Nonetheless, anti-discrimination statutes are not a " general civility code," Bickerstaff v. Vassar College, 196 F.3d 435, 452 (2d Cir. 1999), and a few isolated incidents of " boorish or offensive use of language" are generally insufficient to establish a hostile work environment. Benette v. Cinemark U.S.A., Inc., 295 F.Supp.2d 243, at *18 (W.D.N.Y. 2003). See also Clark County School District v. Breeden, 532 U.S. 268, 270, 121 S.Ct. 1508, 149 L.Ed.2d 509 (2001) (conduct must be severely threatening or humiliating to rise to the level of a hostile work environment); Kotcher v. Rosa & Sullivan Appliance Ctr., 957 F.2d 59, 62 (2d Cir. 1992) (" incidents must be repeated and continuous; isolated acts or occasional episodes will not merit relief" ).
Here, plaintiff alleges no course of conduct so severe, pervasive or consistent as to comprise a hostile work environment, nor do any of the alleged facts render plausible the idea that the treatment of which plaintiff complains (for example, being " ignored" by dispatchers) was motivated by his age or perceived disability. The one discrete act of harassment about which plaintiff complains (Walker repeatedly yelling " suck my dick" at him one day in or around September 2008 (Dkt. #1 at ¶ ¶ 23, 24)), while offensive, is also insufficiently severe or consistent to approach the level of a hostile work environment, and in any event falls outside of the three-year statute of limitations under Section 1983.
Plaintiff's hostile work environment claims are therefore dismissed.
IV. Monell Claim
To state a claim against a municipality under Monell v. Department of Social Services, a plaintiff must allege that an unconstitutional action resulted from an official custom or policy of the municipality, made by its lawmakers or by those whose acts and edicts " may fairly be said to represent official policy." Zembiec v. County of Monroe, 766 F.Supp.2d 484, 492-496 (W.D.N.Y. 2011), aff'd, 468 Fed.Appx. 39 (2d Cir. 2012), citing Monell, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
Plaintiff generally alleges that the City had a custom, policy, pattern and practice of failing to adequately train its employees and supervisors with respect to employment discrimination law, retaliation, and/or First Amendment rights, and names as individual defendants plaintiff's former supervisor, Lundy, and the DES Commissioner, Holohan.
Initially, having determined that plaintiff has failed to allege a constitutional violation that might trigger municipal liability, the Court is constrained to conclude that plaintiff has failed to state a Monell claim. See Segal v. City of New York, 459 F.3d 207, 219 (2d Cir. 2006) (" [b]ecause the district court properly found no underlying constitutional violation, its decision not to address the municipal defendants' liability under Monell [for failure to properly train employees] was entirely correct" ); Williams v. City of New York, at *34 (S.D.N.Y. 2012) (" [i]f a plaintiff alleges no constitutional violation, or a district court finds that the plaintiff has inadequately alleged one, the Monell claim fails" ).
Moreover, insofar as Holohan is named, plaintiff fails to allege any personal involvement or relevant conduct by Holohan. Indeed, plaintiff does not even allege that Holohan was ever aware of the alleged
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conduct of plaintiff's coworkers towards him, or of plaintiff's complaints of discrimination or retaliation.
Plaintiff's Monell claim is therefore insufficiently stated, and is dismissed.
For the reasons stated above, I find that plaintiff's complaint, which is largely a boilerplate recitation of the legal elements for the claims alleged as opposed to a recitation of factual allegations sufficient to support those elements, fails to state a cause of action upon which relief can be granted. Defendants' motion to dismiss (Dkt. #5) is therefore granted, and the complaint is dismissed in its entirety, with prejudice.
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Sunset Delivers Dramatic Finale to QS and Jordy Smith Takes the Win
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Da Nang is a busy, dusty, colourless city, the fourth largest in Vietnam, with a large business community. To the north, Binh An, is hardly worth checking.
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Hostelworld rekommenderar
Vi älskar detta hostel! Det blir vår tummen upp för genomgående höga kundbetyg och utmärkta kvalitetsresultat.
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Hunter Hostel
In the city of Tomsk has opened a mini-hotel Hostels 'House Hunter'!
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Posts Tagged 'soul'
'Birthday Boy' Steve Cropper (75) on Co-Writing Otis Redding's Posthumous Hit "Dock of the Bay"
Happy 75th birthday, Steve Cropper (who was part of Stax Records house band The Mar-Keys/Booker T. & the M.G.'s and The Blues Brothers band)!
I just got goosebumps after hearing his story about co-writing Otis Redding's "(Sittin' on) The Dock of the Bay" which, according to Wikipedia, became the first posthumous single to top the charts in the US:
Otis Redding never heard the electric guitar. I played the acoustic guitar on that track, and then I overdubbed that weekend. On a Friday evening, I overdubbed the guitar licks which I was gonna play him on Monday but he never got back for me to play it to him.
Otis Redding died in a plane crash on Sunday, December 10, 1967.
Den Rest des Beitrags lesen »
A Funky Soul Christmas (Playlist & Videos)
My feelings towards Christmas are similar to The Grinch's (without the greedy aspect). The only thing I like about it are the holiday songs. Therefore I put together a Spotify playlist with great Christmas albums and compilations. Feel free to add yours – the list is shared.
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Umfrage für Mai 2014: Baltic Soul Weekender oder ELBJAZZ?
Leider stimmt 2014 nur noch einer der Namen der beiden nordischen Top-Soul-, Funk- und Jazz-Events. Denn aus Gründen, die meiner Meinung nach bisher nicht wirklich überzeugend kommuniziert wurden, findet der Baltic Soul Weekender überraschenderweise nicht mehr an der Ostsee statt, sondern im Center Parcs Bispinger Heide. Diese Verlegung geschah, nachdem 2013 schon Buchungen für den bisherigen Standort Weissenhäuser Strand angenommen wurden.
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Ahhh, Good Ol' Southern Soul & Blues (Internet Radio Tip)
Although I have many stations of various genres in the favorites list of the network music player of my choice (Logitech Squeezebox Boom – review in German) I often listen to the same station for days or weeks whenever I am in my kitchen (where the Squeezebox is located).
These days, my favorite station is Southern Soul Blues Radio. If you are into the same music, the last three songs I just listened to will give you an idea why.
This brilliant version of "Roof Garden" just reminded me how & why I got into Al Jarreau
R.I.P., Whitney Houston!
It really saddens me to hear that Whitney Houston, one of the best pop/soul singers of all time (IMHO), has passed away at age 48. During my time as a music journalist, I only met her once (for an interview at Arista Records' office in New York City). She was 19 at the time and had just recorded a song which, to me, still is one of the greatest performances she ever did: "Memories" on Material's "One Down" album, featuring Archie Shepp on saxophone.
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This full website whois and analysis report on Besttorrka.ru was ran on December, 06, 2016.
The domain Besttorrka.ru was first registered on 05/19/2016 which was 7 months ago and is set to expire on May, 05, 2017.
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Likely to sell out
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Duration: 4 hours
Duration: 4 hours
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From $38
From $32 per personBook now
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From $32 per personBook now
Product ID: 47484


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Keystone RV Online Classifieds
A SERVICE OF RVUSA.com's RV CLASSIFIEDS
Welcome to Keystone RV Source.com, a service of RVUSA.com! As one of the top RV Classifieds directories available on the web today, we take great pride in providing you with the most complete RV Classifieds listings available featuring Keystone RVs. Our goal is to help you find the Keystone RV that best suits your needs, while in the comfort of your own home.
Keystone RV Source.com is not the official site of Keystone, nor are we affiliated with Keystone in any way. If you wish to view Keystone's official website please visit http://www.keystonerv.com/. However, Keystone RV Source.com is provided to you by RVUSA.com, The Original Online RV Guide. Through RVUSA's extensive database, we are able to bring you RV Classifieds for RVs by Keystone RVs for sale from across the United States including public Keystone RV Dealers and private sellers.
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James Whitcomb Riley
James Whitcomb Riley Poems
A Barefoot Boy
A barefoot boy! I mark him at his play --
For May is here once more, and so is he, --
His dusty trousers, rolled half to the knee,
And his bare ankles grimy, too, as they:
Cross-hatchings of the nettle, in array
Of feverish stripes, hint vividly to me
Of woody pathways winding endlessly
Along the creek, where even yesterday
He plunged his shrinking body -- gasped and shook --
Yet called the water 'warm,' with never lack
Of joy. And so, half enviously I look
Upon this graceless barefoot and his track, --
His toe stubbed -- ay, his big toe-nail ...
The Ripest Peach
The ripest peach is highest on the tree --
And so her love, beyond the reach of me,
Is dearest in my sight. Sweet breezes, bow
Her heart down to me where I worship now!
She looms aloft where every eye may see
The ripest peach is highest on the tree.
Such fruitage as her love I know, alas!
I may not reach here from the orchard grass.


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Pawpaw Chapter
The Pawpaw Chapter serves the eastern portion of Volusia County plus Flagler County.
Interim President: Doug Hunt
Chapter Representative: Sonya Guidry
The Pawpaw Chapter is named for the little "Volusia Pawpaw," Deeringothamnus rugelii. Also known as Yellow Squirrel Banana or Rugel's Pawpaw, it is found only in Volusia County. Rugel's Pawpaw is a member of the Annonaceae or Custard family. There are two species in this genus of 'false pawpaws', and both are listed as endangered, have limited ranges, and are found only in Florida. A specific arrangement of soil type, moisture, and fire regimen limit the range of these species. The other false pawpaw species - Deeringothamnus pulchellus - is located in Orange and Charlotte counties and has recently been reclassified as a subspecies of D. rugelii.
Find us on Facebook Follow @PawpawChapter on twitter
Or if you don't tweet, you can just read the Pawpaw twitter feed at twitter.com/PawpawChapter
FNPS Pawpaw Chapter
PO Box 250516
Holly Hill, FL 32125


text:
Chyna (03-01-2016)
Heyside (03-01-2016)
Hi @Chyna yes all good here, still very patiently waiting I am now day 5 of very very light spotting but not much more. It would be great timing if things happened next week ready to move forward as Warren returns but things just dont seem to pan out that way do they lol. I might ring his office tomorrow to speak to the nurses and see if I can have a BT to see if my numbers are dropping before I organise a scan.
How are you hun are you feeling any better after yesterday???
That's good to hear your doing ok, I'm better than yesterday thank goodness. Have accepted my body will do what it wants. I'm going to go into the little edward st office for a bt tomorrow morning after work. I've got nothing happening at the moment no spotting or anything. Hopefully can get into see Charlotte next week or might hold out and see wazza. I just went to my local doc and grabbed a few bt forms for qml and asked them to cc wazza into for results. Saves you having to wait a bit longer.
Chyna and Heyside - I'm so sorry this has happened to you both. I had a similar issue and waiting (and used HPTs to check that the HCG was falling etc). It's awful and part of your brain thinks 'what if it has picked up and is doing ok now', especially when you don't feel any MC symptoms. hugs
BlondeinBrisvegas (04-01-2016),Heyside (04-01-2016)
Milliegirl thank you so much, it's so hard. Just waiting on my bt results from this morning. Should have them by 2pm time is dragging.
BlondeinBrisvegas (04-01-2016),Gagingi (05-01-2016)
Thanks @milliegirl I just want it over now.
@Chyna - Hope your bt results give you some answers hun hope time until 2pm moves quicker.
AFM - I phoned and spoke to one of the nurses today, she said I needed a bt so went this morning but results probably wont be back until tomorrow. I booked my scan for tomorrow so hopefully things will be clearer then.
@Heyside good luck tomorrow honey. Just got results back now and have gone from 430 to 151 so definately all over. Tried to book in to see Wazza1st apt is 4th Feb. Asked to see Charlotte as would of been 12wks in feb didn't wanna have to deal with this till then. So got in with her next Tues morning.
Oh hun even though we are prepared for the news its still hard, I can't believe you can't get in until the 4th with Warren that's his 3rd week back. With your numbers at what they are I would say something may happen for you soon hun, my last BT my numbers were above 1000 so hoping they are gradually going down. Good luck with your appointment x
BlondeinBrisvegas (04-01-2016),Chyna (04-01-2016)
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The World's Greatest Music
iTunes Classical Essentials is a series of must-have recordings of the finest pieces of classical music, made by the greatest artists. Get to know them a little better with our handy guide.
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A choral masterpiece - perhaps the most loved choral work of all time - deserves only the very best treatment. The Tallis Scholars and Peter Phillips provide that treatment with ease, bringing this haunting and ethereal work to life.
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Lastminute OffersView all offers
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preview of ferrara buskers festival 08/19/2016 - Comacchio mid-august festival 08/15/2016 - Lido delle Nazioni
fest of san cassiano 08/13/2016 - Comacchio discovering the salina of comacchio 08/05/2016 - Salina of Comacchio - 5th and 12th August
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Meeting with the guide and departure by bus to reach one of the most exclusive places in the Park, the Comacchio Lagoons where flamingos nest.
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Meeting point and time to be arranged at the time of reservation; additional excursions available with minimum 6 people.
2 h
€ 13.00 - adults
€ 10.00 - children up to 12 years


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I hope to go on a business+holiday trip to Suzhou. Does anyone have an idea of any company in the suzhou area or its environs where marquees/huge party tents are manufactured? Really good quality ones.
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Share This Product
97.0% would recommend this item to a friend.
2 out of 2 people found the following review helpful:
What are the pros? Crazy growth
What are the cons? none
All my other squash was killed for 2 years running by squash borers. When I did my research this variety came out as being borer resistant. I often buy this and the Pennsylvania Dutch squash. I've never lost any of these plants to the borers. BUT this squash is also good as a summer squash, and with the long neck there is a ton of seed-free squash. I've cooked with this squash a little past the green stage in a stirfry and it was a good filler veggie. I have tasted better winter squash but none that I can reliably grow and this is good, just not squash to rave about.
This squash has the best vegetable to effort ratio of anything I grow. I decided to plant extra and let it run across the field as pig fodder. I got 40ish good-sized squash from something like 5 hills! The joy of watching these squash take over the back yard, bloom like mad, then fill carts full of fun-looking squash makes them a must-have for me.
Would you recommend this product to a friend?
1 out of 1 people found the following review helpful:
What are the pros? very prolific, huge fruits
We had a late May frost this year so we got a late start. These things germinated quickly and started running vines. I figure I got about 4 plants. The first curlicue squashes formed in mid-June. some of the tips rotted away (similar to blossom end rot on a tomato) as we had a dry spell but the first large peach-colored squash was ready in late July. It curled up like a snake and weighed in at 16 lbs. The plants produced another 2 dozen or so mid- to large size squashes. Some of the vines crawled into the fruit trees and looooong squashes hung down. I measured 3 of them at 40 to 43" and 10-12 lbs each & had to cut them into 1-foot sections to fit them in the oven. The flesh was mild and yellow, not quite as flavorful as a butternut but dry and not watery. The last week of September had another 20 squashes forming that went into muffins and stir-fry. Still have 3 large ones ripening.
Bonus: no vine borers, and the squash bugs left them mostly alone too.
Definitely growing again!
What are the pros? Plant and let grow
What are the cons? Goes crazy
Split seeds with my cousin and she picked this out. I was expecting a traditional zucchini type fruit (due to the name) but much to my surprise these monster squash were born and then as some of them sat on the vine the skin turned a soft fleshy orange (like butternut squash). I just thought that she miss labeled them but she didn't cause here they are. They can be eaten green or fleshy orange. Their "counter" life is a long time. They may weep a little out of their stem but my parents have had one on their counter for months and it just got more orange and is still firm. The flavor is a mild butternut squash. Great sauteed with butter and onions. And my neighbors made soup out of some that was really good. The neck is fairly uniformed all the way down to the "seed belly", as I call it. Makes for easy meals. If your feeling lazy just peel and cut the neck and and compost the whole "seed belly". I even spiralized this and sauted it. It got mushy so probably better baked like this.
5 out of 5 people found the following review helpful:
What are the pros? Prolific - No bugs!
What are the cons? Nothing
I LOVE this squash. I planted 3 seeds by a 7' trellis and it grew very fast over the top and back down and tried to grow over everything in it's path. The flavor is wonderful. The squash seem to all develop differently. I had one that I didn't harvest until it was 32" long (I measured). The neck wasn't about 1-1/2" thick and the whole thing was tender and delicious. I had others that grew fatter and I harvested them when they were more around 15-18 inches long. I just cook them all according to how they grew. The really fat ones made wonderful soup. Some I cut off the bulb end, scooped out the seed, ground up the neck with breadcrumbs, egg, cheese and herbs, stuffed it into the bulb and baked it. I dehydrated several of them and intend to use them in soups. I have chopped them up with tomatoes and herbs and made a pasta sauce. Now we're getting a little tired of them so the rest (I think somewhere between 8-10 at this point) I'll let mature on the vine. Heartily recommend.
3 out of 3 people found the following review helpful:
What are the pros? Very productive, great flavor
I love this squash! It is a huge vine which has grown up my trellis and back down again. They have a wonderful flavor, not watery like regular zucchini. It is my new favorite squash. We will definitely plant this one again.


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|3 Listings Found
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MOONACHIE - Organizers for the Macy's Thanksgiving Day Parade are getting ready for the big day right here in New Jersey.
Macy's Studio is preparing its newest floats for the 87th annual parade in a warehouse in Moonachie.
This year's parade will feature many new floats as well as some old classics.
For extended video of Macy's Thanksgiving Day Parade preparations, watch the clip to the left or click News 12 Extra on Optimum TV channel 612.