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Collaboration: It's Not About Technology, It's About the Culture
Learn and Lead
Email is the most commonly used collaborative tool. Unfortunately it is also perhaps the worst tool for open collaboration in an organization. There are other tools used for collaboration, like project-based collaboration using Microsoft SharePoint and wiki-based project workspaces. Tools like Yammer , Socialcast , and Socialtext are great micro-messaging tools.
The Best of Breed Learning Tools 2014
Jane Hart
As readers of this blog will know, I released the Top 100 Tools for Learning 2014 list on Monday 22 September – a list that I compiled from the votes of over 1,000 learning professionals worldwide. But I am constantly being asked questions like "What is the best blogging tool?" " "What is the best e-learning authoring […].
1,000+ Learning & Performance Tools
Jane Hart
Looking for some new ideas for tools to support your work? Here are the links to the pages in my Directory of Learning & Performance Tools , which lists over 1,000 tools in 4 main categories as shown below. Want to add or amend a tool's details? What are your favourite tools for learning? Voting is now open in this year's Top Tools for Learning survey. INSTRUCTIONAL TOOLS. Learning Authoring Tools. Quizzing & Testing Tools. CONTENT TOOLS. Documentation tools. PDF & Flipping Book Tools.
Filtered RSS Feed
Experiencing eLearning
There's value in what PostRank does, but it wasn't quite the right tool for this. Posted in Blogging, Tools. Tags: Blogging Tools eLearning Learning Feed Rinse PostRank rss Tony Karrer Partly due to a request from Tony Karrer for eLearning Learning and partly because others have asked in the past, I did a little research on how to filter an RSS feed so I can provide a feed without the daily bookmarks posts. If you're interested in that, here's the RSS feed without bookmarks and the link for subscribing via email.
20 tools for legacy learning
Learning with e's
Here are five ways we can give our knowledge to generations of learners we will never meet: 1) Blogging. Blogs such as the one you are now reading have been set up to share knowledge, and also to encourage discussion. If you want to blog, tools to look out for include Blogger , Wordpress (includes Edublogs ), Typepad , Tumblr. 2) Video. Teaching is for a season.
Selecting meaningful #socialmedia tools for a #MOOC or #PLN
Ignatia Webs
MOOC), or gearing up for a Personal Learning Network (PLN) is the selection of meaning social media tools. If you see that I have missed a group or set of social media tools, feel free to let me know. Social Media Tool Why use it + implementation Example with possible extra Idea and content sharing Microblogging Twitter allows the learner group to share short messages with one another, linking it to more content. Blogs To reflect on what is learned, or what the learner thinks is of importance. A big part of setting up an open, online course (e.g. augmented learning).
Experiencing E-Learning » Daily Bookmarks 04/18/2008
Experiencing eLearning
Blogging in a Walled Garden
Experiencing eLearning
One of the features of Sakai that our team was looking for in a new LMS is a blogging tool. admit some significant improvements in usability are possible in this tool. However, it does give us the option of blogging within the system. During the pilot of our new facilitator training course, I lurked in the forums during a heated debate about the use of the blog tool.
Top Ten Tools 2010
Since 2007, Jane Hart has been inviting learning professionals around the world to contribute to her crowdsourced list of the top 100 tools for learning. It's the tool I'm most likely to use for voice communication, and for the last two years I've done away with a business landline and replaced it with a Skype number. Tags: Blog tools Image by yoppy.
Trivantis announces Snap! by Lectora
Blog toolsToday the Lectora user Conference began in the US, and it brings with it a couple of firsts. For a start, the event (or at least parts of it) are being streamed live online. This is a trend we're witnessing with many organisations and events, and it's something we hope to see more of. Why limit exposure to your product to just those who can make it to the event, when you can share it live, globally? They're also encouraging the back channel conversations on Twitter. by Lectora. Will it really prove to be a competitor?
I think, therefore I blog
Learning with e's
In a recent blog post, I gave seven reasons why teachers should blog. It was subsequently expanded to 10 good reasons by the contributions from readers - which is actually an eleventh reason why teachers should blog - you get back such great comments, suggestions, arguments and advice, it would be crazy not to share your content. Evernote is a great tool for that purpose.
'Using Facebook & Twitter For Learning & Teaching' Workshop
In this workshop, we will explore how we can use these two tools to facilitate learning and teaching. The workshop will start by introducing participants to the concept of Personal Learning Environments (PLEs) , so that they see the big picture in using a variety of learning tools to serve their learning and teaching requirements and needs. Social_Media PLE Facebook web2.0
Sharpest tools in the box
Learning with e's
If I were to ask you what are the sharpest tools in your box, what would you say? Here are my 8 essential tools: 1) Twitter, because as I recently said in a YouTube video , it is immediate, social and personal. have an old, faithful laptop called Keith, which is now sadly in retirement, but still used occasionally to write a blog post. So those are my top 8 tools.
My Top 10 Tools for Learning 2011
Jane Hart
Polldaddy is now owned by WordPress so I see it now as just another WordPress plugin. 6 – In 2007 Skype was a key tool to keep in touch with my colleagues and clients, and in 2011 it still is very important to me, so it is another of my Top 10 tools. So what does my Top 10 Tools for Learning 2011 look like? So what are your Top 10 Tools for Learning? WordPress.
The Business Value of Web 2.0 Learning Tools
eLearning Weekly
tools, including a brief description of their business value. appreciate that Jay is able to succinctly articulate their business value, especially because many people still don't take these tools seriously. Jay Cross cracks me up (in a good way). When he's not sharing gorgeous travel photos (including pictures of some of the most unique food you'll ever see), he comes up with gems related to informal learning and educational technology. One of his latest offerings is a chart that outlines a variety of Web 2.0 This is great!
Social Media for Research & Knowledge Sharing at USM!
YouTube receives more than 4 Billion video views per day, millions of people blog, and there are more than 14 million articles on Wikipedia. For example today, many doctors are using various Social Media tools to share and discuss their latest research with their fellow professionals and the public. USMcool Hashtag 2. Facebook Group 3.
The OER Workshop at OUM!
During these two days, we will explore and discuss together the concept of OER, Massive Open Online Courses (MOOC), Creative Commons (CC), business models, and variety of OpenCourseWares (OCW) and content development tools. and Social Media tools to develop OER with; Reuse/Remix/Create OER using a LMS, Wiki or Blog. What am I looking most forward to? Let's OER! Thanks!)
ZaidLearn: A Free Learning Tool for Every Learning Problem?
Free Learning Tool for Every Learning Problem? 101 Free Learning Tools OpenCourseWare and Open Educational Resources Free EduGames Printer-Friendly Version Lets explore the idea that there is at least one excellent free learning tool (or site) for every learning problem, need or issue! Gmail Social bookmarking tool? Diigo Tool to translate text or a webpage?
Thought trails
Clark Quinn
While implicitly it could support tracking a group's progress, separate thoughts as recorded through blogs and tweets aren't a natural feature. Yes, there's integration with wikis and blogging tools, but it's not quite the same. They can do for external thought leaders by reading their blog and following their tweets. I've riffed before about virtual mentorship , and it resonated again today. We were getting a tour of one of the social platforms, organized as many are around tasks, questions, and dialog. meta-learning social
OER Talk at Universiti Kebangsaan Malaysia (UKM)!
Copyright & OER Creative Commons Video Creative Commons (CC) Licenses CC Comparison Table Open Educational Resources Licensing Continuum Article: [link] CC License Selection Tool If license used incorrectly will I be sued? OER Case Studies New Initiative: MITx ( Article ) Salman Khan talk at TED 2011 Tools Salman Khan Used to Create the Videos? Virtual University of Pakistan Iran?
Wordpress Blog as Online CV and Personal Development Auditor
Spark for this session was this blog post "is technology eating your job". Before we start the images incorporated into this blog below can be viewed much more clearly by watching this flicker slideshow in full screen or go directly too the flickr Wordpress CV slideshow. Highlight how WordPress (and other blogging platforms) can be adapted and used for many purposes.
How to Measure Social Learning
CLO Magazine
" Telus does keep detailed track of its social learning participation — in 2011, for instance, 16,600 of its employees joined its Buzz micro-blogging tool. In 2009, Telus' wikis and blogs garnered 23,000 pageviews from employees; in 2011, that number grew to 308,676. Make sure that a certain social learning tool has been in place for at least six months, maybe even a year, before measurement. Of course, as with any new tool or technology, measuring social learning will come with its share of roadblocks. How many users are posting comments?
Exploring OER, MOOCs & The Future of Learning at UUM!
LEARNING OUTCOMES After this workshop, you will be able to: Discuss the benefits and challenges of reusing/remixing/creating OER; Select the appropriate Creative Commons license (6 types) for your content development needs; Find OER using a variety of search tools; Identify a variety of web 2.0 PRESENTATION SLIDES 16 Learning Trends, We Simply CAN'T Ignore! OER (Prof.
Blackboard 9; Pt.2 (Blog)
Dont Waste Your Time
Since my first movie on BB9 I've had a few people say that the blog tool that is integrated into BB9 is not up to scratch, so I thought I'd do a direct comparison between the [.] This is the second in my series on a first-glance look at the imminent upgrade to Blackboard version 9. Blackboard Camtasia eLearning VLE Web 2.0
Adventures in Moodle
Picking up from some of my previous blog posts, it's now over a year since my organisation established an online learning environment, based on a Moodle platform. virtual classroom tool, to enable meetings of learners in multiple locations. It's been an interesting journey. Initially I expected to get three things: 1. And we don't have the third thing.
The OER 101 Workshop at USM (Round 2)!
During the workshop, we will explore and discuss together the concept of OER, Creative Commons, business models, and variety of OpenCourseWare (OCW) case studies and content development tools. OER Case Studies New Initiative: MITx ( Article ) Salman Khan talk at TED 2011 Tools Salman Khan Used to Create the Videos? Virtual University of Pakistan Iran? OER Risk Management Calculator 3.
Ad-hoc Social Learning Environment - How a Blog Drives Learning
Vikas Joshi on Interactive Learning
We decided to set up an ad-hoc social learning environment mostly using freely available tools. We decided to outline our curriculum in a skeletal form using a blog, and then set social interactions in the curriculum context. Blog is the watering hole A learning blog is so much a happening place! The blog has a personal touch, it is easy to follow, its updates are delivered to participant's RSS reader instantaneously. We used Blogger, the Google blogging tool. The instructor's blog posts were very short - often less than one hundred words.
Backchannels – what's all the fuss, anyway?
Integrated Learnings
While there, I engaged in a practice I had never before used known as a backchannel, via the well known micro blogging tool Twitter. Microblogging – Wikipedia states that microblogs "allow users to exchange small elements of content such as short sentences, individual images, or video links." It is different from a traditional blog in that it is exactly what the title infers – micro. There are a lot of tools that can be used for a backchannel, but one of the most popular is Twitter. By Dean Hawkinson. But guess what? How It Works. Positives. Challenges. What's yours?
Directory of 1700+ Learning Tools (Jane Knight)
Link to Learning Tools Directory Jane's E-Learning Pick of the Day Top 100 Tools For Learning WHAT? growing Directory of over 1,700 learning tools ranging from "traditional" course development tools through E-Learning 2.0 collaboration and sharing tools as well as tools for personal learning. The tools are both free/open source and commercial.
Directory of 1700+ Learning Tools (Jane Knight)
Link to Learning Tools Directory Jane's E-Learning Pick of the Day Top 100 Tools For Learning WHAT? growing Directory of over 1,700 learning tools ranging from "traditional" course development tools through E-Learning 2.0 collaboration and sharing tools as well as tools for personal learning. The tools are both free/open source and commercial.
Cartoon – 'Facing the Consequences' #SocialMedia
Dont Waste Your Time
Many of them I Tweet about ( @hopkinsdavid ) and some I think are so good I want to 'preserve' by adding to my blog. This is what Flea says about the cartoon: "The storyboard (above) was created using the excellent Toonlet , a free 'web comic blogging' tool, although I confess I cheated and also modified some of the panels using Photoshop.. As I browse through the web I often find content and posts that are really really good. This is one of them. Enjoy … and it's best viewed full-screen. Open publication – Free publishing.
Top 100 Tools For Learning 2010 – C4LPT Survey
Upside Learning
The final list of top 100 tools for learning for 2010 is now out on Jane Hart's website. understand this list is more inclined towards tools that learning professionals use for their own learning as opposed to those used for creating learning programs or training sessions. I see great gains made by some of the tools while I have not even experienced them as yet.
RSC Moodle Roundtable
Moodle Journal
For my own part in the day I brought along the work that I had been conducting on eLearning, much publicised on this blog, but I did take the opportunity to promote Wimba Create, which I think went down very positively. MS Word template for making Moodle quizzes The description of the tool makes it sound very interestingthough I must admit to not having tried it out yet.
Making space for e-collaboration
Learning Journal
The students will be expecting to learn about all kinds of electronic tools that allow for interpersonal interaction, but I've been stuck on the notion of collaboration. I do want to continue the focus on examining the functionality and affordances of various tools (that's the "e-" in the course title and the core of the course description). But I also want to expand the discussion on the value of collaboration for learning and the techniques that will generate collaboration within the tools we explore. What makes the use of a blogging tool collaborative?


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Release Date: October 27th, 1999
Not Yet Rated|1 hr. 43 min.
Plot Summary
German sexologist Magnus Hirschfeld struggles to keep his sexuality clinic open as the Nazis rise to power.
Cast: Kai Schuhmann, Friedel von Wangenheim, Gerd Lukas Storzer, Olaf Drauschke, Tima die Göttliche, Ben Becker, Meret Becker, Otto Sander
Director: Rosa von Praunheim
Genres: Comedy drama
Distributor: TLA Releasing

subset: commoncrawl


text:
Asked by bandgeek521 at 9:54 AM on Mar. 2, 2011 in Crazy for CreditsLevel 47 (246,627 Credits)
Answer by kiansmom0423 at 12:04 PM on Apr. 10, 2011
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With "CEO spoofing," sophisticated email scammers can compromise corporations and law firms by making them believe that requests for information or money come from the CEO themselves.
What about the companies to which we entrust our clients' information? Do they take confidentiality as seriously as lawyers and clients do?
A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. (Rule 1.6(c).) So what are reasonable efforts when it comes to your clients' information stored on your computer? You have to make an effort, obviously. But how much effort […]
Rule 1.6(c)'s "reasonable efforts" is a duty of care. So let's see how the calculus of risk plays out when we apply it to computer security.
Before you sell, give away, or throw out a computer, you need to wipe its hard drive clean.
Another day, another security breach. Alex Holden, chief information security officer at Hold Security, discovered that 272 million emails are currently being traded in Russia's criminal underworld. Nearly every major email provider was breached, including Google, Yahoo, and Microsoft. If you route your email through any of the providers mentioned, here are five steps you can take to […]
As more law firms go paperless, using cloud services for billing, timekeeping, and client files is common. But not all cloud services, especially those that offer free packages, will promise to keep your client data secure.
Megan Zavieh explains what's at stake in the FBI's quest to force Apple to build a backdoor to the iPhone. But first, a good story about social media and the law.
As quickly as we build new technology to keep criminals out, hackers are working around the clock, and using sophisticated tools like Darkode, to climb your security walls. Prevent these attacks with a
In a scheme called "spear phishing," hackers are targeting small law firms that handle real estate transactions in order to steal client funds. The hackers sneak into the lawyer's email accounts and monitor the emails between the lawyers, clients, and closing or title agents. When the day for closing comes, the hackers use the lawyer's […]
You should be using two-factor authentication with your critical online accounts. It is one of the four steps we recommend taking in our security guide, because it is an easy way to drastically increase security. Two-factor authentication means using something you know (your password) and something you have (usually your phone, which most people keep […]
On today's podcast, we ask security experts Sharon Nelson and John Simek things like how hard is it, really, to hack into someone's email? And what's the greatest security threat for lawyers? Plus, our favorite posts and podcasts of 2015.
Good passwords are essential to data security, and this article has everything you need to know about creating and keeping track of good passwords.
Sooner or later, your clients will find another lawyer if you waste their money and time on basic tasks because you aren't proficient with your technology.
New federal regulations promulgated by the Consumer Financial Protection Bureau will apply to real estate lawyers. But they are also a pretty solid starting point for any lawyer or law firm. Here's a summary of the best practices, compiled by Law Technology Today's Pegeen Turner: Create and implement a written Privacy and Information Security Policy […]


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Apple Pie (alcoholic drink, makes for a party)
Cindi Canady
This is really good! I got it from a cowboy in Ft. Worth, Texas while on a wagon train/trail ride.
Featured Pinch Tips Video
- 2 gal
- apple juice
- 2 c
- brown sugar
- 3
- cinnamon sticks
- 3
- whole cloves
- 1 tsp
- nutmeg
- 1
- all spice
- 3/4 pt
- ever clear (or golden grain 180 proof alcohol)
- 1 l
- dark rum
Directions Step-By-Step
1In a large pot, mix apple juice and spices. Either make a "bundle" of the spices using a netted bag, or dump it in and skim it out when cooked.
Heat juice and spices to a boil. Turn down heat and let simmer for 15 to 20 minutes. Take off heat.
2COOL COMPLETELY before adding alcohol. Pour into pretty bottles or use in a punch bowl.
DRINK by the SHOT or SIP!
About this Recipe
Other Tag: Quick & Easy


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Trans-Dapt Performance Products Battery Cutout Switch 4988
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June 18, 2009
OPTIGEN, LLC, PLAINTIFFv.INTERNATIONAL GENETICS, INC, ET AL., DEFENDANTS.OPTIGEN, LLC, PLAINTIFFv.TEXAS A & M UNIVERSITY SYSTEM, ET AL., DEFENDANTS.
The plaintiff, OptiGen, LLC ("OptiGen") has sought consolidation of the two above actions.*fn1 Counsel for OptiGen and counsel for all defendants appeared by telephone conference with the Court on June 10, 2009, and there was no objection to the consolidation.
Upon review of the motions to consolidate and the information obtained during the telephone conference, it has been determined that the above actions are related. The General Orders of the Northern District of New York provide for reassignment of related cases. N.D.N.Y. General Order 12(G)(1). The court may also consolidate cases sua sponte pursuant to Fed. R. Civ. P. 42(a). See Devlin v. Transportation Communs. Int'l Union, 175 F.3d 121, 130 (2d Cir. 1999).
WHEREFORE, it is hereby
ORDERED, that plaintiff's motions to consolidate (Dkt. No. 33- in 5:09-CV-6) and (Dkt. No. 19- in 5:09-CV-457) are GRANTED, and it is
ORDERED, that the above actions are consolidated for all purposes and will remain assigned to the Honorable Glenn T. Suddaby, United States District Judge and the Honorable Gustave J. Di Bianco, United States Magistrate Judge with the LEAD CASE being OptiGen, LLC. v. International Genetics, Inc., et al., 5:09-CV-6, and it is
ORDERED, that any future papers in the above cases must be filed under the LEAD CASE: 5:09-CV-6, and it is
ORDERED, that the Clerk of the Court shall file a copy of this Order in each of the above cases.
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"Chinese thought" extension of traditional and distinctive, learning atmosphere of openness bring foreign students the interest of how to learn Chinese. If you learned "sleep", you should know that "insomnia", the expression of the same words in different scenarios with different functions. Chinese is not only the expression of be particular about accurate, also need have lasting appeal, embodies words of Chinese characteristics in the teaching of MandarinGarden reflect incisively and vividly.
Intensive course
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A study evaluation report will be offered after each 20 lessons or every 2 months.
Culture activities are offered during the course period.
As we know that how to learn Chinese is more important because China has quickly become an important trade partners in the world, especially in Shanghai, a modern big city. Other countries in Asia, including Thailand and Japan, have begun using Mandarin Chinese as one of their primary languages for business. Many businesses in Europe and Africa have also begun to take mandarin classes since Chinese businesses have increased their holdings and operations in these places. In light of this, Joining Mandarin Garden might come in handy your business.
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To access the full text documents, please follow this link: http://hdl.handle.net/2117/24481
|Assessment of structural damage in historical constructions using numerical models : the case of the church of the Poblet Monastery
|Saloustros, Savvas; Pelà, Luca; Roca Fabregat, Pedro; Portal, Jorge
|Other authors:
|Universitat Politècnica de Catalunya. Departament d'Enginyeria de la Construcció; Universitat Politècnica de Catalunya. TE - Tecnologia d'Estructures
This paper presents the assessment of the structural damage and stability of the church of the Royal Monastery of Santa Maria de Poblet, one of the UNESCO World Heritage sites in Spain. The structure presents damage affecting mostly the main nave and lateral aisles, including cracking in the vaults and significant deformation in the clerestory walls and the barrel vault of the main nave. Following the historical survey, a sophisticated finite element model was used for the structural analysis of a damaged bay of the church. The 3D model was developed on the basis of the results of a terrestrial laser-scanning survey. In this way, the current deformed state of the structure was taken into consideration in the performed analyses. A continuum damage model allowed a realistic representation of the masonry behavior under tension and compression, which is a key factor for the assessment of masonry structures. The simulation of past reported or possible actions i.e. earthquakes, structural alterations and settlements provided valuable information on the causes of the present deformation and damage of the church. The influence of the material parameters in the structural response was evaluated with a detailed parametrical analysis. The paper ends with the graphic statics solution for the structure and a comparison with the equivalent finite element analysis outcomes
Peer Reviewed
|Àrees temàtiques de la UPC::Arquitectura::Restauració arquitectònica
Àrees temàtiques de la UPC::Arquitectura::Sistemes de representació arquitectònica
Monasteries -- Spain -- Santa Maria de Poblet
Eartquake simulators
Finite Element Analysis
Continuum Damage Model
Sequential Analysis
Graphic Statics
Monestirs - Catalunya - Santa Maria de Poblet
Simuladors sismics
|Document type:


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Everything is climate change in the minds of delusional liberals.
Check it out:
With the Biblical epic Noah slated to hit theaters this, the left is stoked about apocalyptic disaster springing from misuse of nature. The movie itself reportedly blames God's wrath on a combination of overpopulation and environmental degradation; it's a perverse environmental take on the sin that led God to destroy humanity through the flood. This neo-pagan worldview – the belief that nature is a deity to be worshipped, and capable of avenging itself on its arrogant human taskmasters – now finds itself mirrored in pseudo-scientific discussion of virtually every disaster of the last year.
Here, then, are the top five disasters leftists have blamed on environmental degradation in the last three months alone:
The Inability To Find MH370. Climate change advocates have blamed the disappearance of Malaysian Airlines Flight 370 on global warming, according to Mother Jones, which reported this week, "Scientists say man-made climate change has fundamentally altered the currents of the vast, deep oceans where investigators are currently scouring for the missing Malaysian Airlines flight, setting a complex stage for the ongoing search for MH370." Wind patterns and tide patterns have been shifted, climate change scientists say, making it more difficult to find and identify debris from the tragic flight.Continue reading on www.breitbart.com


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OMOSB - "One More Offset Smoker Build"
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Location: SE, Minnesota
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I used the same handle for the door on my smoker and i dont believe i've ever needed gloves to open it. I thought i'd need something but after using it for a few years i never gets that hot. I was originally gonna wrap it in silicone tape but didn't have to. My cooker's only 1/8" thick steel but wouldn't think that having 1/4" would make much of a difference. Even when i do high heat cooks, the handle never really gets hot enough to require gloves.
Thanks Zak. I was thinking of wrapping it in a firesleeve style product if it gets warm. Would like to hear from others who have steel handles on their pits too. I know that if they do get hot I or someone else would forget and then get a nasty burn as a result. I would rather just deal with it and be safe if its going to be a problem. Maybe I am overthinking this?
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Lawyers Group Calls Out Oakland Police For Brutality At ProtestsProtests over the presidential election are leading to more scrutiny of the Oakland Police Department and how it handles crowd control.
81-Year-Old Retired Oakland Cop Charged In Sex Exploitation ScandalProsecutors charged a retired Oakland police captain for his alleged role in the Bay Area's widespread police sexual exploitation scandal involving a teen girl.
2 Arrested, 8 Injured In Shooting Outside Downtown Oakland NightclubPolice say two young men have been arrested in a shooting outside an Oakland nightclub that left eight people hurt, including the two men.
4th Oakland Officer Charged In Police Sexual Exploitation ScandalA fourth Oakland police officer has been criminally charged in connection with a sprawling police sexual exploitation scandal that has been growing over the last year, according to the Alameda County District Attorney's Office.
Oakland Officer Says City Retaliated Against Him For Suicide ProbeOne of the Oakland Police Department's most highly decorated veteran officers alleged Tuesday that top police and city officials retaliated against him for suspecting that rookie Officer Brendan O'Brien killed his wife in 2014.
Driver Slams Into 2 Oakland Police Cars, Passenger KilledA 27-year-old man died when the car he was a passenger in struck three Oakland police cars and other vehicles early Tuesday morning, according to police.
Oakland Police Officer Arrested On Prostitution, Obstruction ChargesAn Oakland police officer who allegedly warned a sex worker of the location and times of police crackdowns on prostitution was charged Thursday on obstructing justice and prostitution charges.
Oakland PD Sergeant Avoids Domestic Violence Charges Despite Video EvidenceA decorated Oakland police sergeant faced no criminal charges for his domestic violence arrest last year and remains in his position despite evidence of a history of abuse turned over by his ex-girlfriend and video evidence.
Oakland Protesters Hold Rally After Chaining Themselves To Police HeadquartersProtesters rallied at Oakland's Frank Ogawa Plaza after some protesters chained themselves to the doors of the Oakland police headquarters.
Oakland May Form Citizen Police Commissionhe Oakland City Council will consider a proposal creating a citizen police commission that would have the power to fire the police chief.
Oakland Activists Launch Recall Campaign Against Mayor Libby SchaafCiting a litany of grievances, including a sex misconduct scandal involving Oakland Police, a group of activists announced their intention Monday to circulate a petition to recall Mayor Libby Schaaf.
DA Says Investigation Clears Oakland Detective Of Criminal MisconductThe Alameda County District Attorney's Office said Thursday that a veteran Oakland homicide detective who had his girlfriend help him by transcribing audio recordings in major cases didn't engage in any criminal misconduct or compromise any prosecutions.


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What We Won't Do
What We Won't Do
Sarabande Books, Paperback, 9781889330679, 165pp.
Publication Date: February 1, 2002
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The 2000 Winner of the Mary McCarthy Prize in Short Fiction judged by Mark Richard.


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avalen Review
The frame is pretty eye-appealing. The pros: Pretty easy to put together, for even one person (i consider myself a little handy). All the tools you need are included. The vinyl is soft to the touch - easy on the shins and ankles in tight spaces. Low enough to sit on comfortably (with mattress), high enough to store a lot underneath (4-folding chairs, 4 pillows, the old platform frame and slats, some duffel bags, folded cardboard boxes, ets.) - if you're looking for something like that. The cons: Frame is pretty cheap, the legs are plastic, the wood slats and their plastic attachments seem a bit flimsy, but no problem with sag... so far. Frame is bigger than our Sterns & Foster queen-size mattress, by about 4 inches in length and two inches in width... don't know why.
- How did the color on site compare with the actual product? Seems a little darker than on site.
- Please tell us about the quality of the product. Quality is on par with the price
- How accurate was the on site description of the product? Fair


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Terms and Conditions
The Samsung Aspiring Chef Competition (hereinafter referred to as the "Competition") is organized by Samsung Gulf Electronics FZE (the "Promoter") in association with BBC Good Food Middle East. All participants in this Competition ("Participants") shall be subject to these Terms and Conditions.
1. Competition Period
a) Registration for the Competition starts on May 11th and ends on May 28th, 2014
b) Shortlisted participants will be notified week starting June 1st, 2014 via Facebook.
c) The Competition (Cook off) will take place on June 7th, 2014 at Scafa, Dubai's School of Culinary and Finishing Arts.
2. Eligibility
a) This campaign is open to individuals aged eighteen (18) years and above who are residents in the United Arab Emirates (hereinafter referred to as the "Territory").
b) Participants can enter the Competition through the Samsung Gulf Facebook page www.facebook.com/samsunggulf.
c) Participants have to fill out all the details on the registration form to be eligible to take part of the competition.
d) Only participants who register during the competition period will be considered.
e) All participants must be amateur cooks; professionally trained chefs or full time working chefs are not permitted to enter this competition.
f) All participants must submit original recipes; entrants that submit a non-original recipe will be disqualified from the competition.
g) Only one recipe entry per person will be accepted.
h) Shortlisted participants must be available on June 7, 2014 for the final cooking demo; if they are not available, they will be replaced.
i) Shortlisted participants must be able to provide their original recipe for publishing purposes.
j) Participants should be willing to be photographed and covered in BBC Good Food ME magazine & website and on the Samsung Social Media pages.
k) All participants should be willing to be contacted by Samsung and BBC Good Food ME with details related to the competition.
l) Participants may be required to provide proof of identity and residence in the form reasonably requested by the Promoter.
m) No purchase or payment is required to enter the competition.
n) The following individuals are not eligible to enter or win a prize as part of the competition: employees, contractors, directors, and officers of the Promoter, its parent, subsidiary affiliated companies and divisions, authorized dealers/distributors, agents and their immediate family members (spouse, parent, child, sibling, grandparent, and spouse) and those living in the same household of each of such persons whether they are related or not to each of such persons provided however that they lived in the same residence for at least three months during the twelve-month period preceding the start date of the Competition; all such persons shall be referred to hereinafter as " Non-Eligible Persons". The Promoter reserves the right to disqualify any Non-Eligible Person from receipt of any Prize and/or require the return of any Prizes awarded. In such an event, and subject to any legal requirement, the Promoter reserves the right to select a new winner for the Prize and/or dispose of the Prize in any manner it deems fit, in its sole discretion.
Provided that participation in this competition by the residents of the Territory and the content of
these Terms and Conditions are subject to restrictions as may be contained in the export laws and
regulations of the UAE.
4. Shortlist & Winner Selection
a) The Promoter and BBC Good Food Middle East will be shortlisting eight participants to take part of the competition.
b) The eight shortlisted participants will compete against each other in two rounds (four individuals will compete in each round) out of which two winners will be selected.
c) The two winners from each round will compete in a final cook off to select the winner.
d) One winning dish from the final round will be chosen based on the taste, presentation and originality by a judging committee.
e) The winner (with the winning dish) will be selected and announced on the day of the competition.
f) The Judging Committee will comprise of a Samsung Executive, a BBC Good Food ME Editor and a food blogger.
g) The judging committee reserves the right to select the winner.
The judging committee decision is final regarding the winner selection and no correspondence will be entered into in this regard.
5. Prizes
a) The winner will receive the following as part of his/her Prize: A fridge (Model RT6000) from Samsung Gulf Electronics; an all paid expense for the course 'Fundamentals of Cuisine' from Scafa, Dubai's School of Culinary and Finishing Arts. The winner's recipes will also be published as part of a recipe book written and published by BBC Good Food ME.
b) The winner will be solely responsible and will bear all costs for any meals, transport, insurance, duties, taxes, licenses, permits, approvals and/or other additional or incidental costs or expenses which may be incurred as a result of and/or related to the Winner's acceptance of their prize, including but not limited to any registration fees incurred for the use of their prize.
c) The Prize(s) awarded in this Competition may not be exchanged for cash or any other items.
d) The Promoter reserves the right to substitute any Prize for another prize of similar value.
e) All Prizes are non-transferable. Substitution of Prizes by the Winners is prohibited.
f) In the event any Winner chooses not to accept his/her Prize, the relevant Prize will be deemed forfeited, and the Promoter may, subject to applicable laws, select another Winner from all of the remaining entries at its discretion.
g) If the Participant is selected as "Winner", the Participant hereby accepts the Prize at his/her own risk and understands that the Promoter excludes all warranties in connection with any Prize to the extent permitted by law.
h) The Promoter will not be liable to the Participant(s) for any loss and/or damages of any kind suffered in connection with:
- The Winner's redemption and/or use of the Prize;
- The Winner's inability to use the Prize due to its loss, defect for any reason whatsoever.
i) The Promoter's decision regarding the award of all Prizes, and/or in every situation or event not covered in these Terms and Conditions shall be final and binding on all Participants, and the Participants hereby understand and agree that no queries, challenges or appeals may be made or entertained.
j) Where required by the Promoter, Winners and any person sharing the Prize with the Winner shall be required to complete official release forms prior to the receipt of the relevant Prize(s), failing which the Promoter reserves the right to forfeit the Prize and dispose of same as it deems fit or is required by law.
6. Use of Personal Information of the Participant
a) Name and Likeness
Winners hereby grant to the Promoter, at no cost, the unconditional, perpetual right and authority to publish and broadcast anywhere in the world, for editorial, advertising, promotional, marketing and/or other purposes and in any media, their name, image, likeness and/or photograph, video footage or audio record taken of them, except where prohibited by law.
By participating in this promotion, Participants consent to their photos being used in the Facebook App Gallery and on the Facebook Wall as well as on the BBC Good Food Middle East Online and Offline collaterals including print media.
b) Personal Information
Ø The Promoter shall collects the Participants' personal information (including but not limited to their Email address) in order to conduct the competition and may, for this purpose, disclose such information to third parties, including, but not limited to, Prize suppliers and if required, to regulatory authorities.
Ø Entry and participation in this Competition is conditional upon Participants' providing this information.
Ø The Promoter may, for an indefinite period unless otherwise required by law, use the information for promotional, marketing and publicity purposes including sending electronic messages or telephoning the Participant. Participants should direct any request to access, update or correct information to the Promoter.
Ø The Participant hereby consents to the use of his/her personal information in the manner set out in these Terms and Conditions and understands that he/she is providing his/her information to the Promoter and not to Facebook and the Participant understands that he and/or she is providing their information to the Promoter and not to Facebook. The Participant further undertakes and hereby consents to waive his/her right to initiate any claim against the Promoter for privacy invasion, improper disclosure of personal information or any other related claims including but not limited to any and all claims that the Participant may have related to his/her participation into the Competition or to the use by the Promoter of any photographs, video and/or film footage and/or audio recording taken of the Participant; including but not limited to claims for compensation arising out of any assaults and/or attempts that the Participant may claim to his/her private life and/or to his/her right of image and personal data and information against the Promoter and its respective agents, affiliated and subsidiary companies, officers, directors, shareholders and employees.
7. General Terms
a) By entering this Promotion, the Participants warrant that they have read and agree to abide by these Terms and Conditions.
b) If for any reason this Competition is not capable of being carried on as planned, due to the following reasons including but not limited to infection by any computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, act of God, war (whether or not declared), political coup or insurrection, rebellion, labor dispute, fire, epidemic, storm, flood, typhoon, explosion, legal enactment, government directive, order or regulation, any law or regulation having force of law or any other reason or cause beyond the control of the Promoter, which corrupts or affects the administration security, fairness or integrity or proper conduct of this Promotion, the Promoter, to the fullest extent permitted by law, reserves the right in its sole discretion to cancel, terminate, modify or suspend this Competition and to disqualify any Participant who tampers with the Competition and/or the entry process. To the fullest extent permitted by law, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer software and/or equipment, failure of any e-mail account or any combination thereof or any event that does not depend on the Promoter.
c) The Promoter will be entitled at its sole discretion and subject to any applicable law, to terminate or modify the Competition or to modify these Terms and Conditions at any time prior to the Competition Period, by posting the revised Terms and Conditions on the Facebook page at www.Facebook.com/samsungGulf.
d) The Promoter shall not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for any death or personal injury which is suffered or sustained as consequence of the Participant's participation in the Competition, except for any liability which cannot be excluded by law.
e) The Participant, to the fullest extent permitted by law, hereby releases the Promoter, Facebook, and all persons or corporations associated directly or indirectly with the Competition from all claims, demands and proceedings arising out of their participation in the Competition. To the fullest extent permitted by law Participant indemnifies Promoter, Facebook and all persons or corporations associated directly or indirectly with the Competition against all liability, loss or damage arising out of their participation in the Promotion, including any breach of these Terms and Conditions by them, the content of or infringement of a third parties intellectual property rights in their submitted review. This release and indemnity extends to and includes the Promoter, its parent company and its related bodies corporate, and its respective directors, officers, agents, contractors, employees, promoters and sponsors associated with or which/who are involved directly or indirectly with the Competition. This release and indemnity continues forever and binds the Participants' heirs, executors, personal representatives and assigns.
f) By participating in this Competition, the Participants accept that any dispute of whatever nature which is directly or indirectly related to these Terms and Conditions or to the Participant's participation in the Competition or to the running of this Competition, will be subject to, governed and construed by the laws and regulations of the Territory and that such disputes shall be resolved firstly through amicable negotiations between the Promoter and the Participant. If the dispute remains unresolved within thirty (30) days of either party having resorted to such negotiations, then either party may submit such dispute to the exclusive jurisdiction of the courts of the Territory for determination in accordance with the law.
g) The Participant also accepts and understands that any competition material submitted in connection with the competition (in whatever form) or any photographs, video and/or film footage and/or audio recording taken by the Promoter and/or any of its affiliates or persons involved in the Competition, and which shall be taken in relation to and for the purpose of the Competition, shall become the property of the Promoter which may, to the extent permitted by law, use the material in any medium and in any reasonable manner it sees fit. Copyright in any such material becomes and remains the sole property of the Promoter.
h) The Promoter and the Participant acknowledge that this Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook.
i) Any questions, comments or complains regarding this Competition must be directed to Sarah Hamam on firstname.lastname@example.com.


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In an enviable location, set off Long Road in Cambridge, Crest Nicholson's Halo provides a stunning collection of new homes, perfect for families. The development benefits from a selection of fantastic schools nearby, and is ideally situated for city living yet is far enough from the city to avoid the hustle and bustle.
Crest Nicholson's Eastern Division has raised £1,023 for Macmillan Cancer Support by taking part in the charity's annual 'World's Biggest Coffee Morning' for the second year running, an initiative which encourages people across the UK to get together over a cup of coffee to raise money for those living with cancer.
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Palácio Ramalhete
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The 10th Aluminium World Congress and 6th International Conference on Extrusion and Benchmark will be meeting in conjunction with METEF. Visit www.aluminium2000.com for details.
The three events in one will bring together aluminum and light alloys specialists in a single venue in Verona, Italy in June 2017. Aluminum industry professionals from companies, universities and associations will present innovative technologies and applications for aluminum. The ICEB will present recent developments on extrusion technology and its analysis by FEM simulation, joining together technical and scientific experts to share their knowledge. For complete details visit www.aluminium2000.com.
10/24/2016Important Notice Regarding Changes to OSHA's Lockout/Tagout Regulations
12/2/2016Following the metal: Giant aluminum stockpile shipped from Mexico to Vietnam
12/14/2016Member Webinar: Perfection in Die Design and How to Fill it Properly
1/15/2017 » 1/17/2017Platts Aluminum Symposium 2017
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Sci fi/Fantasy image byMichael Lomas
Basicly I just drew a chick, with wings and used coloring to try and make look evilish. An old picture, did this a year ago. Don't ask how I did the background, it was all done on photoshop though and took ages
Published More than a year ago
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SEE IT NOW! Copy this link to your browser for a self service showing at your convenience! all our available rentalsapply o ine at, Updated one bedroom one bathroom upstairs unit. Spacious open living room! Kitchen equipped with range, refrigerator, dishwasher and garbage disposal. Brand new paint and neutral carpet. Bedroom has spacious double closets and a door that leads down to the back parking area and can be accessed from insideout for your convenience. 1 reserved parking space and secured coin-op laundry room onsite. Close to shopping walking distance to Fred Meyer and close to Walmart. On transit line...
4 bus also near Foster Max stop. Near many restaurants, entertainment and more. Walking distance to Lents Park! Tenant responsible for electricity and water sewer billback occupancy. Garbage included, secure deposit is 1 month up to 1. 5 times monthly rent, 1 Dog and or 1 Cat Welcome with $250 refundable deposit, per pet, and $25 month pet rent, per pet. Breed Restrictions Apply, 12 Month Lease, Directions: From SE Foster 83rd, head E on Foster, Left on 86th -85th, Left on Ellis to parking lot, ES KH OM, Application is NOT considered complete until receipt of non-refundable application per person over 18 Terms and conditions apply.
|Rental Fee
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|Direct Link
|Last Updated
|19 days ago
1 Year Lease
Apartment located at SE Foster Rd in Portland, OR 97266 has 1 beds, 1 baths, 700 square feet and available to rent for $945. SE Foster Rd was listed on RentalSource 54 days ago by Frederick Boone. SE Foster Rd is in zip code 97266 which is located in Portland, OR. The rental price of $945 is 27% lower than the average rental price of $1,310 for apartment rentals in 97266 and 40% lower than the average rental price of $1,583 for apartment rentals in Portland, OR.Report listing | Visit website
Beware of rental scams! Situations involving wire transfers or a landlord who can't meet you in person can be red flags.
All information listed is provided by third parties and is deemed reliable, but should be independently verified. Price and specifications are subject to change without notice. RentalSource provides this service without representations or warranties of any kind either expressed or implied.


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March 1, 2013
EARL BROWN, PLAINTIFF,v.XEROX CORPORATION, DEFENDANTS.
Littler Mendelson, P.C. 400 Linden Oaks Suite 110 Rochester, NY 14625 (585) 203-3400 INTRODUCTION Siragusa, J. This case is before the Court on Xerox Corporation's ("Xerox") motion for an order pursuant to Federal Rule of Civil Procedure 12(b)(6). Xerox seeks dismissal of portions of Plaintiff's FIRST and THIRD causes of action, alleging racial discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended, for failure to exhaust administrative remedies; and dismissing his SECOND cause of action, alleging a hostile work environment, for failure to exhaust as well as for failure to state a plausible claim for relief. Defendant's Notice of Partial Motion to Dismiss the Complaint, Jul. 1, 2010, ECF No. 4. For the reasons stated below, the application is granted.
For the purpose of deciding the motion, the Court assumes the factual allegations in the complaint are true. Those allegations are as follows.
Xerox hired Plaintiff as Manager of Industrial Relations in 1982, and in 2005, promoted him to vice president of Xerox's Strategic Services Group (XSSG) Human Resources.*fn1 Compl. ¶¶ 12--13. In his position as Manager, Plaintiff took what he characterized as unpopular positions to protect Hispanic and "Black" employees at Xerox. Id. ¶ 13. When he did so, Plaintiff states that he was criticized for not being a team player, for being confrontational or for not being willing to help. He does not identify who criticized him. Id. ¶ 14.
As an example of his allegations, Plaintiff relates that on July 16, 2008, a white employee confronted her black female manager in the manager's office, speaking at her in a loud and angry voice. The black female manager told the white female employee to "get the F**K out" of her face. Id. ¶ 17. The Human Resources manager (who is not identified in the complaint) recommended that the white female employee be demoted, but made no recommendation concerning the black manager. Subsequently, Plaintiff relates that Mr. Ken Syme ("Syme") who is not otherwise identified, contacted someone who Plaintiff identifies only as "Mr. Apello"*fn2 ("Apello") and both of them met with Plaintiff on September 3, 2008. At the meeting, Syme requested that Apello overrule the Human Resource decision, and that he give both the white female and black female warnings about their behavior and language, respectively. In a somewhat confusing manner, Plaintiff's complaint relates that Apello wanted to give the black female manager a warning for using profanity, and that Plaintiff informed both men, "that he would not agree because this was very aggressive behavior by [the white female employee], and indeed was the second incident of this type which occurred in that area in the previous 90 days." Id. ¶ 19. Plaintiff also relates how he intervened in the case of a black male who had recently been given a performance improvement notice by his manager, and that the black male employee had copied in Plaintiff on an email the employee had sent to his manager. Id. ¶ 20. At the same September meeting when Apello asked why Plaintiff had become involved in that situation, Plaintiff informed him that the black male employee had copied him on the email, whereupon Apello became angry and left Plaintiff's office. Id. ¶ 21.
Plaintiff also relates that he intervened in the situation of Loris McFadden, whose race he does not identify. He states, [t]he organization for which Ms. McFadden worked in [sic] had several job openings, but the Defendant refused to give her any of the jobs despite her managers claim that she had good performance. When the Plaintiff intervened on Ms. McFadden's behalf the Defendant created a position in her same organization. By contrast, the Caucasian employee that was also in that organization [Doreen Alfieri] kept her job responsibilities and was moved out of the group reporting to the black female manager. After September 4, both black females were laid off[.] Compl. ¶ 22. Plaintiff next alleges, in a conclusory fashion, that, "[b]ecause of his race (Black)the normal HR processes were not followed" when he was demoted. Id. ¶ 22. He alleges that a September 4, 2008, memorandum his was given by Xerox contained "a number allegations," which he alleges, "lacked specificity and definition." Id. ¶ 24. In a similarly conclusory fashion, Plaintiff also alleges that because he "often reminded managers of their leadership responsibilities" and of their "obligation to be fair and balanced and to maintain an ethical environment with regard to the treatment of all of their employees," he, in turn, "was treated unfairly." Id. ¶ 26.
Plaintiff next describes what he calls the Lominger plan for job selection, promotion and compensation decisions. Plaintiff states that, although he was on the team that developed the plan, he "did not support the concept presented for other than development purposes*fn3 and was concerned that it might be believed that he did support it." Compl. ¶ 29. In the implementation phase, Plaintiff was prepared to make presentations on the Lominger plan and his contention that it should not be used for economic decisions concerning an employee, but he was demoted prior to the scheduled presentation periods and, therefore, did not make his presentations. Id.
¶ 34.The last two paragraphs of the factual portion of Plaintiff's complaint are as follows:
35. The subsequent roll-out package contained information on how to administer stock, bonus and wage increases based on an employee's Lominger assessment. All of the African-American HR managers were removed from their jobs as well and not used in the rollout sessions, even though they were trained in the process and knew the employees and the managers.
36. On March 25, 2010 the Plaintiff was informed that his current position has been eliminated. He was given a list of open positions, all of a lower grade level. He has offered proposals for projects he could perform, but has received no response.
Compl. ¶¶ 35--36.
In his FIRST cause of action, Plaintiff alleges racial discrimination in violation of Title VII,*fn4 citing his "unwarranted demotion, the circulation of unfounded allegations, and criticism that he was too sensitive on the basis of race," as well as the handling of his demotion in September 2008, which he alleges "was not in compliance with Xerox's ordinary polices [sic] and was the culmination of an ongoing pattern of discriminatory practices against the Plaintiff." Id. ¶ 38. He further alleges that he "was treated less favorably than Caucasian employees.." Id. ¶ 40.
In his SECOND cause of action, Plaintiff alleges a hostile work environment in violation of Title VII. As examples of the hostility he faced, Plaintiff alleges as follows:
Comments to the Plaintiff by his supervisors including accusing him, among others, of being too "too sensitive, telling him that there was "no problem" or that the people he defended "are just looking for entitlements."
The Defendant minimized the Plaintiff's contribution as a Human Resources professional and disparaged the Plaintiff and other African-American employees, subjected the Plaintiff to a hostile work environment in violation of Title VII caused by his employer, Xerox Corporation.
Compl. ¶ 43. As with the FIRST cause of action, Plaintiff also alleges in the SECOND cause of action that, "Plaintiff was treated less favorably than Caucasian employees.." Id. ¶ 46.
As a THIRD cause of action, Plaintiff alleges retaliation, also in violation of Title VII, and that:
Defendant, being aware of the Plaintiffs opposition to discriminatory practices, then subjected the Plaintiff to materially adverse job actions in the form of unwarranted criticism, failure to follow its own policies, and eventually made baseless allegations against the Plaintiff and removed him from his position. These actions would tend to dissuade a reasonable person from asserting a claim or participating in an investigation.
Id. ¶ 50.
On July 1, 2010, ECF No. 4, in lieu of an answer, Xerox filed the instant motion to dismiss and both parties filed papers in support of, or opposition to, Xerox's motion. On May 24, 2011, the Court heard oral argument, and on January 2, 2013, referred this case to mediation, subsequently denying the parties' joint application to adjourn mediation.
The U.S. Supreme Court, in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), clarified the standard to be applied to a 12(b)(6) motion:
Federal Rule of Civil Procedure 8(a)(2) requires only a short and plain statement of the claim showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the claim is and the grounds upon which it rests. While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a Plaintiff's obligation to provide the grounds of his entitlement to relief 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, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).
Id. at 1964-65 (citations and internal quotations omitted). See also, ATSI Communications, Inc. v. Shaar Fund, Ltd., 493 F.3d 87, 98 (2d Cir. 2007) ("To survive dismissal, the plaintiff must provide the grounds upon which his claim rests through factual allegations sufficient 'to raise a right to relief above the speculative level.'") (quoting Bell Atl. Corp. v. Twombly) (footnote omitted); Iqbal v. Hasty, 490 F.3d 143 (2d Cir. 2007) (Indicating that Bell Atl. Corp. v. Twombly adopted "a flexible 'plausibility standard,' which obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible[,]" as opposed to merely conceivable.)
When applying this standard, a district court must accept the allegations contained in the complaint as true and draw all reasonable inferences in favor of the nonmoving party. Burnette v. Carothers, 192 F.3d 52, 56 (1999), cert. denied, 531 U.S. 1052 (2000). On the other hand, "[c]onclusory allegations of the legal status of the defendants' acts need not be accepted as true for the purposes of ruling on a motion to dismiss." Hirsch v. Arthur Andersen & Co., 72 F.3d 1085, 1092 (2d Cir. 1995)(citing In re American Express Co. Shareholder Litig., 39 F.3d 395, 400-01 n. 3 (2d Cir.1994)). As the Supreme Court clarified in Ashcroft v. Iqbal, 556 U.S. 662 (2009):
Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Id., at 555, (Although for the purposes of a motion to dismiss we must take all of the factual allegations in the complaint as true, we "are not bound to accept as true a legal conclusion couched as a factual allegation" (internal quotation marks omitted)). Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era, but it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions. Second, only a complaint that states a plausible claim for relief survives a motion to dismiss. Id., at 556. Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. 490 F.3d at 157-158. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not "show[n]"-"that the pleader is entitled to relief." Fed. Rule Civ. Proc. 8(a)(2).
Iqbal, 556 U.S. at 678--79 (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007)).
Since the motion is brought under Federal Rule of Civil Procedure 12(b)(6), the Court must presume that the allegations in the complaint are true and resolve all doubts and inferences in favor of the non-moving party. Wright v. Ernst & Young LLP, 152 F.3d 169,173 (2d Cir.1998). Both parties have relied upon documents outside the complaint in support of their positions. As the Court of Appeals stated, "[f]or purposes of a motion to dismiss, we have deemed a complaint to include any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference.and documents that the plaintiffs either possessed or knew about and upon which they relied in bringing the suit.." Rothman v. Gregor, 220 F.3d 81, 88 (2d Cir. 2000) (citation omitted). Thus, the Court will employ the same rule in examining the papers outside the complaint relied upon by the parties here.
As indicated above, Xerox is moving to dismiss some of Plaintiff's causes of action. Specifically, they argue that portions of the FIRST and THIRD causes of action, "based on the allegation that Plaintiff was informed in March 2010 that his position had been eliminated," should be dismissed, "because Plaintiff failed to exhaust his administrative remedies with regard to those claims." Xerox also contends that the SECOND cause of action, alleging a hostile work environment, should be dismissed, again for failure to exhaust, or alternatively because it fails to present a plausible claim of a hostile work environment.
FIRST & THIRD Causes of Action-Elimination of Position-Failure to Exhaust
As the Second Circuit observed in Holtz v. Rockefeller & Co., 258 F.3d 62 (2d Cir. 2001):
A plaintiff may bring an employment discrimination action under Title VII or the ADEA only after filing a timely charge with the EEOC or with "a State or local agency with authority to grant or seek relief from such practice." 42 U.S.C. § 2000e-5 (e) (Title VII); see 29 U.S.C. §§ 626 (d), 633(b) (ADEA). Exhaustion of remedies is a precondition to suit, Francis v. City of New York, 235 F.3d 763, 768 (2d Cir. 2000), and a plaintiff typically may raise in a district court complaint only those claims that either were included in or are "reasonably related to" the allegations contained in her EEOC charge. Butts v. City of New York Dep't of Hous. Pres. & Dev., 990 F.2d 1397, 1401 (2d Cir. 1993) (internal quotation marks omitted) (Title VII); Malarkey v. Texaco, Inc., 983 F.2d 1204, 1208 (2d Cir. 1993) (ADEA).
Holtz, 258 F.3d at 82--83. The parties agree that the alleged elimination of Plaintiff's position took place after Plaintiff had already filed a complaint with the EEOC and after he received a right to sue letter.*fn5 Xerox Mem. of Law at 6; Pl.'s Mem. of Law at 4. Thus, although the EEOC complaint raised the issue of Plaintiff's demotion (not mentioning any date), it did not raise the issue of the alleged elimination of his position, which he maintains because Plaintiff failed to include a hostile work environment claim in his complaint to the Equal Employment Opportunity Commission ("EEOC") and because his allegations fail in the complaint took place on March 25, 2010. Compl. ¶ 36. The Second Circuit has defined "reasonably related" in relation to an EEOC complaint as follows:
Subsequent conduct is reasonably related to conduct in an EEOC charge if: [1] the claim would fall within the reasonably expected scope of an EEOC investigation of the charges of discrimination; [2] it alleges retaliation for filing the EEOC charge; or [3] the plaintiff "alleges further incidents of discrimination carried out in precisely the same manner alleged in the EEOC charge." Butts v. City of N.Y. Dep't of Hous. Preservation and Dev., 990 F.2d 1397, 1402-03 (2d Cir. 1993).
Alfano v. Costello, 294 F.3d 365, 381 (2d Cir. 2002). The third exception listed above does not apply to the circumstances here. Turning to the two exceptions that might be applicable, the first exception does not apply to conduct that occurs after the EEOC completes its investigation. See Santos v. Engelhard Corp., No. 05 Civ. 203 (PGG), 2009 U.S. Dist. LEXIS 71088, *20 n7 (S.D.N.Y. Aug. 6, 2009); Fields v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 03 Civ. 8363 (SHS), 2004 U.S. Dist. LEXIS 5155, *8--9 (S.D.N.Y. Mar. 29, 2004) ("The new alleged failure to promote in 2004, falling well after the date of the EEOC determination in 2003, did not fall within the scope of the EEOC investigation."). "[C]laims may still be considered 'reasonably related' even if the EEOC did not investigate the charge, so long as it had the opportunity to do so." Dargento v. Bally's Holiday Fitness Centers, 990 F. Supp. 186, 193 (W.D.N.Y. 1997); see also, Boimah v. Cumberland Farms, Inc., No. 03-CV-0121, 2005 WL 3671628 at *4 (N.D.N.Y. Dec. 30, 2005) ("It is of no moment whether the EEOC actually investigated the claim; it is the opportunity to do so that is key."), aff'd 239 Fed.Appx. 632 (2d Cir. Jun 20, 2007). Plaintiff's termination claim, having occurred after the EEOC completed its investigation, could not be reasonably related to the EEOC's investigation.
With regard to the second exception, Plaintiff does not allege in his complaint that the elimination of his position was done as a result of retaliation: "On March 25, 2010 the Plaintiff was informed that his current position has been eliminated. He was given a list of open positions, all of a lower grade level." Compl. ¶ 35. Accordingly, the second exception does not apply. Therefore, Defendant's motion to dismiss claims arising out of Plaintiff's alleged wrongful termination because of his failure to exhaust is granted.
SECOND Cause of Action-Hostile Work Environment
The legal standards for a hostile environment claim are well settled: In order to establish a hostile work environment claim...a plaintiff must show that the workplace was so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of her employment were thereby altered. A hostile working environment is shown when the incidents of harassment occur either in concert or with a regularity that can reasonably be termed pervasive. The plaintiff must show more than a few isolated incidents of racial enmity, although a hostile work environment can also be established through evidence of a single incident of harassment that is extraordinarily severe.
Fincher v. Depository Trust and Clearing Corp., 604 F.3d 712, 723--24 (2d Cir. 2010) (citations and internal quotation marks omitted). First, the Court will address Xerox's argument that Plaintiff has failed to raise a hostile work environment claim in his EEOC filing.
In that regard, the EEOC complaint mentions only the following that could pertain to a hostile work environment:
When I raised an issued (either because of policy, process or legality) I would be criticized as "not being a team player, being confrontational or not willing to help.." When I informed my management of an issue of race, I was told that I was "too sensitive, that there was not problem, or that the employees were just looking for entitlements.." [A] very negative announcement of my demotion was written and distributed. This memo was distributed universally with the intent of damaging my reputation and publicly embarrassing me.
Charge of Discrimination at 1--2. Nothing in the EEOC charge raised the issue of a racially hostile working environment, one that was "so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of h[is] employment were thereby altered." Fincher, 604 F.3d at 723--24. However, using the same definition of "reasonably related" that the Court discussed above, any subsequent claim of a hostile work environment in the complaint could be considered as "reasonably related" to the EEOC charge. Nevertheless, Plaintiff's complaint is not sufficient to withstand a Rule 12(b)(6) motion.
The allegations in the complaint consist of the following allegedly harassing statements: Plaintiff states that he was criticized for not being a team player, for being confrontational or for not being willing to help, for being "too sensitive, that there was not a problem, or that employees were just looking for entitlements." Compl. ¶ 43. He does not identify who criticized him, or the frequency of the criticisms.
Plaintiff concedes that, "[s]een in isolation, such items as Defendant's Exhibit C*fn6 and even Plaintiff's Exhibit*fn7 could be seen as facially neutral." Pl.'s Mem. of Law at 7. Plaintiff contends, however, that "as the context provided in the complaint makes clear, the underlying facts giving rise to the memos at issue and the transfer that resulted are not facially neutral." Id. at 7--8. The Court disagrees with Plaintiff's position and finds that the statements in those two exhibits, and the allegations in Plaintiff's complaint, are facially neutral, and neither the exhibits, nor the allegations in the complaint, support a claim of a working environment, "so severely permeated with discriminatory intimidation, ridicule, and insult that the terms and conditions of h[is] employment were thereby altered." Fincher, 604 F.3d at 723--24. Plaintiff's allegations "simply do not rise to the level of pervasiveness or abusiveness necessary to state a claim for hostile work environment under Title VII." Milne v. Navigant Consulting, No. 08 Civ. 8964 (NRB), 2009 U.S. Dist. LEXIS 112632, *24 (S.D.N.Y. Nov. 30, 2009).
For the reasons stated above, Xerox's motion, ECF No. 4, seeking partial dismissal, is granted. Claims in Plaintiff's FIRST and THIRD causes of action based on allegations that Plaintiff's position was eliminated are dismissed, as well as Plaintiff's entire SECOND cause of action alleging a hostile work environment.
Charles J. Siragusa
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Creative Director: Stillacci & Manry
Art Director: El Zoghlami, Ahmed
Copywriter: van Walsum, ALex
Director: Les Uns
Highest Rated
Awesome. I reckon the creatives had this idea in the bottom drawer for years and finally found a client brave enough to do it.
Turn a crap proposition into something great. Very hard to do, well done.
fatanstic, this is great..
i like the music and the drama is well held till the end.
en français, c'est 'fantôme', monsieur schwienbacher. :)
what a fantastic ad.
That was bloody marvellous.
I loved it
Reminds me of the WAL-MART "Price Rollback" ads they run in North America. Same sort of payoff, but without the dead people ;-)
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text:
Jurassic Park (1993) dir. Steven Spielberg
Jurassic Park (1993) dir. Steven Spielberg
Tremors (Ron Underwood | 1990)
"He left us! He left us!" - "But that's not what I'm gonna do."
You stood on the shoulders of geniuses to accomplish something as fast as you could, and before you even knew what you had, you patented it, and packaged it, and slapped it on a plastic lunchbox, and now you're selling it.
Jurassic Park (1993, Spielberg)
Jurassic Park
Steven Spielberg and Jeff Goldblum open the Jurassic Park Ride at Universal Studios in 1996.
If there is one thing the history of evolution has taught us it's that life will not be contained. Life breaks free, it expands to new territories and crashes through barriers, painfully, maybe even dangerously.
Jurassic Park (1993)
so I don't know how many people have seen this but
the girl who played Lex on Jurassic Park, Ariana Richards, is now an artist
and she painted this iconic moment
with watercolors on set when she was 12
it even has the velociraptor in the background
FAVOURITE JURASSIC PARK SCENES: The Kitchen
Clever girl.
Day 29 - A movie from your childhood
Jurassic Park (1993)


text: BioRogue Wave began almost by accident. In early 2002, faced with the sort of existential crisis unique to the newly unemployed, Zach Rogue decided to take some time off from his home base of San Francisco. He set off with a one-way ticket to New York in March with the intention of recording one or two songs with a friend, in an effort to exorcise his demons both artistically and personally. He came away with both a new lease on life and an album's worth of material that would later become Rogue Wave's debut, Out of the Shadow. After returning to the Bay Area with a nearly completed record in hand, Zach decided to leave his former band Desoto Reds and form his own group. At the end of 2002, while preparing the album for release, Zach rounded out the band's lineup with the addition of Pat Spurgeon (drums/keys/samples/vocals) Sonya Westcott (bass/vocals), and Gram LeBron (guitar/keys/vocals). Zach soon realized that together the group started to "light up like fireworks" and "liked hugging each other." Effortless friendship spawned the refreshingly organic actualization of Rogue Wave, a band whose commitment to song-craft and to each other is nothing short of astounding.


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Hollywood Street Closures Start Tonight For 'Rogue One' PremiereStreet closures of epic proportions will start Monday night in Hollywood in advance of the Saturday night premiere of "Rogue One: A Star Wars Story."
85th Annual Hollywood Christmas Parade Kicks Off With Music, FestivitiesBefore the parade, 10 all-stars performed in concert including Grand Marshal Olivia Newton-John, WAR, Eric Benet, Kenny G, Cyndi Lauper and Scotty McCreery.
Trump's Repaired Hollywood Star To Be Unveiled SoonOfficials hope to unveil Donald Trump's repaired star on the Hollywood Walk of Fame as soon as possible now that he's been elected president.
Jessica Chastain Immortalized at Hollywood's TCL Chinese TheatreThe two-time Oscar nominee's latest film "Miss Sloane" will be released on Nov. 25.
Man Admits To Smashing Donald Trump's Star On Hollywood Walk Of FameJames Otis says he did it to put the spot light on sexual abuse.
Hollywood Nail Salon Catering To Men ExpandsHammer & Nails offers complimentary beverages, personal 32-inch TV's with headphones and over-sized leather chairs.
Taco Truck Punches Through Center Divider Of 101 Freeway In HollywoodA taco truck struck the center divider of the Hollywood (101) Freeway in Hollywood Monday morning, sending debris flying onto both sides of the freeway and prompting a brief freeway closure.
Free Speech Concerns Linger Over Law Allowing Actors To Remove Their Age From IMDb, Other Websites A controversial new California law that will block websites from disclosing an actor's age is set to take effect next year.
Car Crashes Into Museum Of Broken Relationships In Hollywood; 2 Women HurtThe victims were a mother from Michigan visiting her daughter for the first time in Los Angeles.
Resistance Is Futile: Postal Service Unveils Trekkie StampsThese Forever stamps will live long and prosper.
Usher Honored With Star On Hollywood Walk Of FameNow that he will be honored with the 2,588th star on the Hollywood Walk of Fame Wednesday, here's hoping that singer and actor Usher will take it "Nice & Slow."
Inequality Is 'The Norm' In Hollywood, USC Study SaysDespite widespread attention over diversity in the movie business, a new study finds that little is changing in Hollywood for women, minorities, LGBT people and others who continue to find themselves on the outside of an industry where researchers say inequality is "the norm."


text:
What I mean by that is I'm looking for someone that has some similar interests. That wants to go out on the weekends, whether it be just going out for a walk, checking out a park, attending a festival, or driving aimlessly "Freestyling it" finding whatever peaks our interest along the way & when we get tired we either come home or stay the night. I don't even mind staying home and cuddling up watching a movie or TV on occasion, especially during the winter months. FYI I just cut cable TV out of my life. Netflix and Amazon Prime all the way!
Someone that I can have a conversation with & communicate what is on our minds. When sending me an email, send me something with volume! I'm not asking for your life story in your first email to me but tell me a joke, or ask me if I'm interested in something you like to do. Hey if you like bead & button festivals, I make great arm candy for those! Just let me get a beer and were all set! Yarn fest sure, let's see if a couple of spinners get angry cause one of them is using the wrong purple for a scarf & see if a brawl breaks out. LOL
Someone that is family orientated, someone that I can trust, & they have to be funny.
A lot of people would say I am very loyal, trustworthy, find humor in any situation that I can, career driven (Yet find time for a relationship, family and friends), & overall laid back go with the flow attitude.
Oh, did I mention I love to cook? Ask me what I can make & if you want I can even include some pictures.
So what are you waiting for? Don't pass me by without even giving me a chance, you won't be disappointed.
Im also good with technology.
I am a good listener.
Then I would say my smile.
Movies: I like comedies, action & horror. Favorite movies are The Blues Brothers, Airplane, Monty Python & The Holy Grail, Major League 1, 2,3 Pirates of Carribean & Spaceballs. Bonus points if you like the movie The Pirates of Silicon Valley (Look it up its not what you think it is).
Shows: When I have time its usually the older Simpson episodes, Swamp People, Pawnstars, American Restoration, American Pickers, Hells Kitchen, Master Chef.
Music: Rock / Alternative 80s, and top40. I do like almost everything but those are the main ones.
Food: Whatever I cook. Yes I can cook! Ive made chili, fajitas, chicken wings, casseroles, Bbq Beef Brisket, etc. Never had the fire brigade over at my place yet. I just cant bake....
2. Internet
3. My car
4. GOOD Pizza
5. NFL Football
6. Google (If you Google more than 2 times a day your an addict LOL).
Where do I want to go for my next vacation?
Out & about with friends at a festival, or beer garden.
If your looking for a down to earth man, who is funny, caring, respectable, slightly old fashion (Ie: I hold doors open for women), who cooks, has a good job, a car, can hold his own, & likes to cuddle lets chat!


text:
This must take place at a campfire in a desert, or at least by a campfire. The tea, strong Arabian tea. Bring lots of sugar and fresh mint picked from your garden. The tools are little enamel mugs and a small cast iron teakettle. They are brought to the desert in a perfectly organized woven basket.
1. Next to the fire, build a little sand table by patting sand flat and hardening with water. Place the mugs on top of the flat surface.
2. Fill the teapot with loose tea, about 3/4 full and top off with water. You are cooking the tea, which makes it stronger and richer than steeping.
3. After five minutes, add about 3 handfuls of sugar. Throw remaining sugar from hands into the fire.
4. As tea cooks, rinse the small mugs by swishing water around in them and pouring the water contents into the next mug. Do this for the circle of mugs and repeat as necessary for how many mugs.
5. The tea will come to a boil and cook. While waiting the fifteen minutes for the tea to cook, grab some hashish and smoke it out of a homemade bong or cigarette (note to parents: Although offered, I declined.)
6. When tea boils, remove the pot from the fire and pour into cup. Taste. If good, pour to tea into the little mugs at a foot height.
7. Pass out the first round of tea.
8. The second round of tea is the one with mint. The strong tea is now diluted and the mint replaces some of the strength with the sweet flavor.
9. Fill the teapot with water and more sugar and cook. When read to serve, add the mint.
10. Fill the mugs a second or third time with dramatic flourish and enjoy your tea in the desert.


text: With a stay at King's Bay Lodge in Crystal River, you'll be in the historical district and minutes from Hunter Spring Park, and close to Crystal River National Wildlife Refuge. This lodge is within close proximity of Crystal River Watersports Marina and Crystal River Archaeological State Park. Make yourself at home in one of the 18 air-conditioned rooms featuring kitchenettes with full-sized refrigerators/freezers and microwaves. Complimentary wireless Internet access keeps you connected, and cable programming is available for your entertainment. Conveniences include desks and coffee/tea makers, and housekeeping is provided daily. Take advantage of recreation opportunities such as an outdoor pool, or other amenities including complimentary wireless Internet access and a picnic area. The front desk is staffed during limited hours. Free self parking is available onsite. The recreational activities listed below are available either on site or nearby, fees may apply.