text:
HealthExpress Watchdog
Prescription medication over the internet - is it legal?
HealthExpress.co.uk is proud to be the first truly online clinic in the UK. We feel it is our obligation to ensure that our customers are kept informed and protected from the current illegalities surrounding online prescription websites. It is illegal and a criminal offence to sell prescription medication to a patient who has not completed a medical consultation.
It is strongly advised that you avoid any websites that are operating illegally, and that you consider reporting them to the Medicines and Healthcare products Regulatory Agency (MHRA), as they may be putting you and others at serious risk.
Misleading promotion includes:
- Advertising product substitutes as genuine products and consequently charging at lower prices for generic alternatives
- Advertising products in UK sterling whilst charging in another currency, and consequently charging you for the exchange rate variation
- Falsely claiming to be a UK pharmacy, thus resulting in delayed delivery times, added tax charges and compromised privacy at customs
- Offering loose tablets or offering medication not in blister packs - some customers of other websites have reported how their order from a competitor came loose in a brown paper envelope - this is highly dangerous and often you cannot tell when ordering
- Foreign medication - this is a very common practice from websites claiming that they are British - you should never touch medicine that is not meant for this country as you will have no guarantee over its safety
- Never deal with any website that does not have full contact details - how can you be sure you will get your treatment after you pay?
HealthExpress.co.uk is committed to providing you with a safe and legal online experience, designed to help diagnose and treat conditions such as impotence, obesity and male pattern baldness.
HealthExpress.co.uk provides:
- An entirely discreet and comprehensive online clinic service
- Registered doctors and pharmacies
- Genuine treatments
- A secure ordering process
- Express next-day delivery
- Patient support
- Compliance with MHRA guidelines
Illegal Operators
There are a number of UK-based websites that are believed to contravene The Medicines (Advertising) Regulations 1994 (Statutory Instruments; 1994 No. 1932; Medicines). We will not publish specific names on this website, as this is against our policy (although we have been given authority by our legal team). However, if you feel that you need to know more about any specific website and its compliance, please contact us and we will help you directly without prejudice.


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Akai MIDImix High-Performance Portable Mixer/DAW Controller
Akai MIDImixis a portable compact high-performance mixer that has the unique ability to control your DAW (Digital Audio Workstation) with the press of a single button, giving all musicians and producers complete, uncomplicated mastery over mixing and processing of their digital music creations on the go.
Until now, you had to build and layer your mixes at the performance site first, then transfer that mix at a later time to your DAW for post-mix processing and manipulation. What a pain. This is not the way youd like to do it, because of the time lag between constructing the initial mix and then not being able to work on it until later in your DAW. This meant you only had a limited ability to create the exact mix you wanted in real time.
Midi mixer to control virtually any DAW
8 individual line faders, 1 master fader
24 knobs, arranged 3 per channel
16 buttons arranged in 2 banks provide mute, solo and record arm functionality per channel
Sends all mixer settings to the DAW with a single button1 to 1 mapping with Ableton Live (Ableton Live Lite included)
Type: MIDI Mixer
Faders: 9 x 30mm
Number of Knobs: 24
Pads: 8 x Mute (Assignable), 1 x Solo (Assignable), 8 x Record (Assignable), 2 x Bank (Assignable)
Computer Connectivity: USB
Hardware Requirements - Mac: 1.25GHz G4/G5 or faster (Intel Mac recommended); 1GB RAM (2GB recommended)
Hardware Requirements - PC: 1.5GHz Pentium 4 Celeron-compatible CPU or faster (multicore CPU recommended); 1GB RAM (2GB recommended)
OS Requirements - Mac: OS X 10.4.11 or later
OS Requirements - PC: Windows XP or later
Height: 1.2"
Depth: 7.9"
Width: 9.4"
Weight: 1.5 lbs.
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April 19, 2013
AMELIA HERNANDEZ, EDITH HERNANDEZ ROJAS, JUAN EDUARDO HERNANDEZ, INDIVIDUALLY AND ON BEHALF OF OTHER PERSONS SIMILARLY SITUATED WHO WERE EMPLOYED BY ENJOY FOOD CORP. D/B/A C-TOWN, IMMORTAL RISE, INC. D/B/A C-TOWN AND AHMAD SALEH OR ANY OTHER ENTITIES AFFILIATED WITH OR CONTROLLED BY ENJOY FOOD CORP., IMMORTAL RISE, INC. AND/OR AHMAD SALEH PLAINTIFFS,v.IMMORTAL RISE, INC. D/B/A C-TOWN, AHMAD SALEH AND OR ANY OTHER ENTITIES AFFILIATED WITH OR CONTROLLED BY IMMORTAL RISE, INC. AND/OR AHMAD SALEH, DEFENDANTS.
Plaintiffs move to amend the complaint in this Fair Labor Standards Act ("FLSA") action for a second time to add two new defendants, Iyad Saleh and Mercury Delivery Services. For the reasons set forth below, it is respectfully recommended that plaintiffs' motion to amend should be granted in part and denied in part.
Plaintiffs commenced this action on September 9, 2011 against Enjoy Food Corp. doing business as C-Town*fn1 and Maxwell Bristol. (Docket entry 1.) On January 16, 2012, plaintiffs amended the complaint, adding defendants Ahmad Saleh and Immortal Rise, Inc. doing business as C-Town, ("C-Town") and removing defendant Bristol. (Docket entry 12, Am. Compl.) Plaintiffs allege that C-Town and Ahmad Saleh failed to pay them the statutory minimum wage, overtime compensation, and "spread of hours" wages in violation of the FLSA and New York labor law. (Am. Compl. ¶ 25.)
On May 31, 2012, the Court adopted the parties' proposed scheduling order (docket entry 21) which states in pertinent part: "No additional parties may be joined after August 16, 2012, without leave of the Court," and "All Rule 23 pre-class certification fact discovery shall be completed on or before October 16, 2012." At the parties' request (docket entries 39, 44, 45), the Court extended the agreed upon discovery deadline three times until January 29, 2013.
On January 9, 2013, plaintiffs filed a pre-motion conference request, seeking leave to amend the complaint to add two new defendants: Mercury Delivery Services, Inc. ("Mercury") and Iyad "William" Saleh ("Iyad").*fn2 (Docket entry 48.) Defendants opposed the request (docket entry 49) and plaintiffs replied (docket entry 50). On January 14, 2013, the Honorable Roslynn
R. Mauskopf referred plaintiffs' request to me; and on January 15, 2013, I set a briefing scheduling for plaintiffs' motion. Plaintiffs now move to amend the complaint (docket entries 52-53), and defendants oppose the motion (docket entries 54-55).
Plaintiffs' instant motion is governed by Rule 16 of the Federal Rules of Civil Procedure. "Where, as here, a scheduling order governs amendments to the complaint, 'the lenient standard under Rule 15(a), which provides leave to amend shall be freely given, must be balanced against the requirement under Rule 16(b) that the Court's scheduling order shall not be modified except upon a showing of good cause.'" Holmes v. Grubman, 568 F.3d 329, 334--35 (2d Cir. 2009) (citations omitted) (quoting Grochowski v. Phoenix Constr., 318 F.3d 80, 86 (2d Cir. 2003) (internal quotation marks omitted)). Whether good cause exists turns on the "diligence of the moving party." Parker v. Columbia Pictures Indus., 204 F.3d 326, 340 (2d Cir. 2000). "[T]he movant must show that the deadlines [could] not be reasonably met despite its diligence." Fahmy v. Duane Reade, Inc., 04 Civ. 1798 (DLC)(GWG), 2005 U.S. Dist. LEXIS 20929, at *10 (S.D.N.Y. Sept. 26, 2005) (quoting Rent-A-Center, Inc. v. 47 Mamaroneck Ave. Corp., 215 F.R.D. 100, 104 (S.D.N.Y. 2003)). While diligence is the primary consideration, it is not the only one. The Court in exercising its discretion may consider other factors including prejudice. Kassner v. 2nd Ave. Delicatessen, Inc., 496 F.3d 229, 244 (2d Cir. 2007).
Plaintiffs argue that they only discovered facts sufficient to allege that Iyad Saleh and Mercury were "employers" within the meaning of the FLSA on November 27, 2012, during Iyad's deposition. (Docket entry 53, "Pls.' Mem." 6.) Under the FLSA, an employer is defined as "any person acting directly or indirectly in the interest of an employer in relation to an employee." 29 U.S.C. § 203(d). To determine whether an individual defendant is an employer within the meaning of the FLSA, the Court considers a variety of factors including whether the person "(1) had the power to hire and fire the employees; (2) supervised and controlled employee work schedules or conditions of employment; (3) determined the rate and method of payment; and (4) maintained employment records." Leal v. Masonry Servs., 12-CV-588 (DLI)(VVP), 2013 U.S. Dist. LEXIS 19142, at *7 (E.D.N.Y. Feb. 12, 2013) (citing Herman v. RSR Sec. Servs. Ltd., 172 F.3d 132, 139 (2d Cir. 1999)). "The regulations promulgated under the FLSA expressly recognize that a worker may be employed by more than one entity at the same time." Cano v. DPNY, Inc., 287 F.R.D. 251, 258 (S.D.N.Y. 2012) (quoting Zheng v. Liberty Apparel Co., 355 F.3d 61, 66 (2d Cir. 2003)); see also 29 C.F.R. § 791.2 ("A single individual may stand in the relation of an employee to two or more employers at the same time under the Fair Labor Standards Act . . . ."). The Court evaluates plaintiffs' claims as to each defendant below.
A.Iyad Saleh
Plaintiffs fail to demonstrate that the August 16, 2012 deadline to join Iyad could not have reasonably been met despite their diligence. Plaintiffs' first set of interrogatories asked defendants to identify the individual(s) "who authorized and/or effectuated payments to, and generated and maintained payroll records for" plaintiffs, "over[saw], manag[ed], and enforce[ed] Defendants' employment and compensation policies," and "generated and maintained time records and work schedules." (Docket entry 55, Defs.' Ex. H, ¶¶ 7-9.) On July 31, 2012,*fn3 defendants' response to these interrogatories identified "Iyad Saleh." (Id.) Thus, plaintiffs discovered facts sufficient to allege Iyad was an employer within the meaning of the FLSA on July 31, 2012, two weeks before the August 16, 2012 deadline.*fn4
"[T]he good cause standard [of Rule 16] is not satisfied when the proposed amendment rests on information 'that the party knew or should have known, in advance of the deadline." Lamothe v. Town of Oyster Bay, 08 Civ. 2078 (ADS)(AKT), 2011 U.S. Dist. LEXIS 120843, at *16 (E.D.N.Y. Oct. 19, 2011) (citing Sokol Holdings, Inc. v. BMB Munai, Inc., No. 05 Civ. 3749 (KMW)(DF), 2009 U.S. Dist. LEXIS 72659, at *24 (S.D.N.Y. Aug. 17, 2009)). Moreover, plaintiffs inexplicably did not seek leave to amend the complaint until January 9, 2012, more than five months after discovery had revealed Iyad as plaintiffs' employer and more than four months after the deadline for joinder had passed. Plaintiffs fail to proffer any reason for this delay. Accordingly, plaintiffs fail to show that they were diligent here. See Int'l Media Films, Inc., 2008 U.S. Dist. LEXIS 121636, at *15-16 (finding lack of diligence where plaintiff moved to amend seven months after the joinder date and five months after discovery revealed defendant's role); see also Rent-A-Center, Inc., 215 F.R.D. at 104-05 (plaintiff failed to show diligence where it sought leave to file an amended complaint four months after the deadline). Plaintiffs' motion to amend the complaint to add defendant Iyad Saleh should therefore be denied as plaintiffs fail to demonstrate good cause to modify the Court's Order under Rule 16(b).*fn5
B.Mercury Delivery Services
On the other hand, plaintiffs demonstrate good cause to modify the scheduling order to allow joinder of Mercury. During his deposition, Iyad stated that baggers and delivery people like plaintiff Juan Eduardo Hernandez ("Juan") do not work for C-Town, but rather for Mercury, a company owned and operated by Iyad. (Iyad Dep., 33:128-29.) Mercury provides delivery and packaging services to C-Town and its offices are located in C-Town, though there is no Mercury sign on the building. (Id. at 34:130-32.) Mercury baggers and delivery people, like C-Town employees, are hired by Iyad. (Id. at 35:134-35.) Mercury baggers bag groceries from C-Town in the C-Town supermarket for C-Town cashiers. (Id. at 36:140.) Mercury workers wear no special uniforms which differentiate them from other C-Town workers. (Id. at 35:137.) When asked how the baggers and delivery personnel knew they worked for Mercury instead of C-Town, Iyad responded "[i]t's obvious" (Id. at 35:137) and because the vehicles are labeled Mercury Delivery Services (Id. at 36:138). Defendants contend that since the delivery vans had Mercury's name on them, plaintiffs have always been aware of Mercury's involvement in C-Town.*fn6 The Court is not persuaded.
Defendants have not produced any document to demonstrate that Juan was employed by Mercury rather than C-Town. (See Iyad Dep., 20:75-77.) Instead, just like the other two plaintiffs who worked for C-Town, Juan states he was hired by Iyad, his hours and pay were set by Iyad, and he was paid in cash with no pay stub. (Iyad Dep., 14:50; docket entry 55, Ex. E, "Excerpt Juan Dep.", 41:110-11, 42:41, 43:51.) Furthermore, when he worked as a bagger, Juan worked inside C-Town, "very close" to C-Town cashiers. (Iyad Dep., 15:55; 36:140). At other times, Juan delivered C-Town groceries with a cart or by van. (Excerpt Juan Dep., 42:42). Juan's duties also extended beyond the packaging and delivery services provided by Mercury. Juan would "pick up the baskets when people finish shopping and pick up the shopping carts" and early every morning his first duty was "unloading the trucks;*fn7 vegetables, fruits, milk, other things." (Id., 42:42, 43:49.) Therefore, even though Juan was employed by Mercury, Iyad regularly directed him to complete tasks at C-Town beyond bagging and delivering groceries.
Moreover, defendants' own employment practices treated C-Town and Mercury employees as co-workers rather than employees of separate corporate entities. Iyad testified that C-Town's employment policies state that an employee "cannot have an intimate relationship with a co-worker." (Iyad Dep., 15:54.) Iyad further states that the relationship between co-plaintiff Amelia Hernandez, an employee of C-Town, and Juan, an employee of Mercury violated C-Town's policy prohibiting co-worker relationships. (Id. at 14:52-53, 15:54-56.) Thus, defendants themselves did not distinguish between Mercury and C-Town employees. Based on the instant record, the Court finds that Juan's belief that he was employed by C-Town was reasonable. (Docket entry 52-10, "Juan Aff.", ¶ 2; Excerpt Juan Dep., 42:41-42). The Court does not credit defendants' argument that plaintiffs knew or should have known that Juan was employed by Mercury.
Since plaintiffs only learned that Juan was technically employed by Mercury (as are other similarly situated employees) during Iyad's deposition on November 27, 2012, plaintiffs were sufficiently diligent when they requested leave to amend the complaint on January 9, 2013. Enzymotec Ltd. v. NBTY, Inc., 754 F. Supp. 2d 527, 537 (E.D.N.Y. 2010) ("[F]iling a motion to amend within two months of acquiring the information is sufficient to show diligence.") Plaintiffs therefore demonstrate good cause under Rule 16(b) to modify the scheduling order to join Mercury as defendant herein.
Even though plaintiffs show good cause to amend the scheduling order as to Mercury, the Court must also evaluate whether amendment is proper under Fed. R. Civ. P. 15(a). Moore v. Publicis Groupe SA, 11 Civ. 1279 (ALC)(AJP), 2012 U.S. Dist. LEXIS 92675, at *15 (S.D.N.Y. June 28, 2012) ("After the moving party demonstrates diligence under Rule 16, the court applies the standard set forth in Rule 15 to determine whether the amendment is proper.") The Court may deny a motion to amend for reasons such as "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc." Ruotolo v. City of New York, 514 F.3d 184, 191 (2d Cir. 2008) (quoting Foman v. Davis, 371 U.S. 178 (1962)). "Mere delay . . . absent a showing of bad faith or undue prejudice, does not provide a basis for a district court to deny the right to amend." EEOC v. Thomas Dodge Corp., 524 F. Supp. 2d 227, 231 (E.D.N.Y. 2007) (quoting State Teachers Ret. Bd. v. Fluor Corp., 654 F.2d 843, 856 (2d Cir. 1981)). Accordingly, "[t]he concepts of delay and undue prejudice are interrelated -- the longer the period of unexplained delay, the less will be required of the non-moving party in terms of showing prejudice." Davidowitz v. Patridge, 08 Civ. 6962 (NRB), 2010 U.S. Dist. LEXIS 42322, at *5 (S.D.N.Y. Apr. 23, 2010) (citing Evans v. Syracuse City Sch. Dist., 704 F.2d 44, 47 (2d Cir. 1983)). To determine what constitutes prejudice, the Court considers whether the amendment would: "(i) require the opponent to expend significant additional resources to conduct discovery and prepare for trial; (ii) significantly delay the resolution of the dispute; or (iii) prevent the plaintiffs from bringing a timely action in another jurisdiction." Block v. First Blood Assocs., 988 F.2d 344, 350 (2d Cir. 1993).
As discussed above, plaintiffs' motion for leave to file an amended complaint came less than two months after they learned of Mercury's role; therefore, there was no undue delay. "Plaintiffs are not guilty of repeated failure to cure deficiencies by previous amendments, since the information on which the present motion is based came into their possession only after they filed their first amended complaint." Sullivan v. W. N.Y. Residential, Inc., 01-CV-7847 (ILG), 2003 U.S. Dist. LEXIS 6498, at *4 (E.D.N.Y. Mar. 4, 2003); see also McLean v. CVS Pharm., Inc., No. 3:09 cv 345 (VLB), 2010 U.S. Dist. LEXIS 99934, at *9 (D. Conn. Sept. 21, 2010) ("Nor has [defendant] shown that Plaintiff repeatedly failed to cure deficiencies by amendments previously allowed to identify the proper [parties] to this action after having had a sufficient opportunity to conduct discovery."). Defendants proffer no evidence of bad faith or dilatory motive on the part of plaintiffs and the Court finds none.
Moreover, amendment does not unduly prejudice defendants. Mercury is owned and operated by Iyad and its employment and payroll records are kept and controlled by Iyad. (Iyad Dep. 9:31, 22:83-85.) Iyad's deposition is complete; therefore, there is no additional cost or need for delay with regards to the addition of Mercury. However, even if additional discovery is necessary, "the need to conduct additional discovery is not, in itself, sufficient to constitute prejudice. . . . The fact that discovery has ended does not alter this conclusion." Nycomed US, Inc. v. Glenmark Generics, Ltd., No. 08-CV-5023 (CBA)(RLM), 2010 U.S. Dist. LEXIS 29267, at *38 (E.D.N.Y. Mar. 26, 2010) (citations omitted) (internal quotation marks omitted). This holds even more force here as only pre-class certification discovery has closed in this matter. (Docket entry 21.) Furthermore, defendants have not demonstrated that adding Mercury as a defendant and any accompanying discovery that the joinder may require will delay resolution of this action. Defendants will not be unduly prejudiced by the proposed amendment and amendment is proper pursuant to Rule 15(a). The certification of this matter for collective action includes "delivery persons" and "grocery packers"; these workers shall be included in this collective action whether they are employed by C-Town or Mercury. (Docket entry 37, affirmed, docket entry 46.)
Accordingly, it is respectfully recommended that plaintiffs' motion to file a second amended complaint should be granted in part and denied and part. Plaintiffs should be granted leave to amend the complaint to add defendant Mercury Delivery Services. Plaintiffs' request to amend the complaint to add Iyad Saleh should be denied. If adopted, plaintiffs shall immediately serve and file a second amended complaint that conforms with this Report and Recommendation and file proof of service on Mercury pursuant to Fed. R. Civ. P. 4(h). Plaintiffs shall also immediately serve and file a revised notice and consent to join lawsuit form that adds Mercury and complies with the Court's January 3, 2013 Order. (Docket entry 47.)
FILING OF OBJECTIONS TO THIS REPORT AND RECOMMENDATION Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b)(2) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections (and any responses to objections) shall be filed with the Clerk of the Court. Any request for an extension of time to file objections must be made within the fourteen-day period. Failure to file a timely objection to this Report generally waives any further judicial review. Marcella v. Capital Dist. Physicians' Health Plan, Inc., 293 F.3d 42, 46 (2d Cir. 2002); Small v. Sec'y of Health and Human Servs., 892 F.2d 15, 16 (2d Cir. 1989); see Thomas v. Arn, 474 U.S. 140 (1985).
LOIS BLOOM United States Magistrate Judge
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Cream Cheese Crescent Bars
Donna Clark
I haven't made this yet but it sounds very good.
Featured Pinch Tips Video
- 2
- 8-oz tubes crescent rolls
- 2
- 8-oz pkgs.cream cheese
- 1 tsp
- vanilla extract
- 2/3 c
- sugar
- 1
- egg separated
- 1/2 c
- sugar
- 1/4 c
- chopped pecans or walnuts
- 1 tsp
- cinnamon
Directions Step-By-Step
1Line the bottom of a greased 13x9 baking pan with one pkgs.crescent rolls,pinching seams together,set aside.Blend together cream cheese,vanilla,sugar and egg yolk;spread evenly over crust.Gently place remaining crescent roll dough on top,pinching together seams.In bowl,whisk egg white until frothy;brush over dough.Sprinkle with cinnamon topping bake at 350 degress until golden.about 25-30 mins. Cool and slice into bars or triangles.
About this Recipe
Course/Dish: Other Desserts


text:
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Triple Picture Frame
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Wooden Oak Curved Triple front Picture Photo Frame - 3 Photos of 3 x 3 inches ( 8 x 8 cm).


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United States District Court, Northern District of Illinois
December 29, 2011
GARRY L. TOBIAS (#2011-0516134)v.TOM DART, ET AL.
Plaintiff's motion to proceed in forma pauperis [5] is denied without prejudice. Plaintiff has not informed the court whether he seeks to proceed as part of the class in Parish v. Sheriff of Cook County, No. 07 C 4369 (Feinerman, J.), or whether he seeks to opt out of the class and proceed individually with this suit. Plaintiff is given 30 days from the date of this order to inform the court in writing which way he would like to proceed. If Plaintiff chooses to proceed with this case separate from the class, the court will reconsider his in forma pauperis application and stay this case for the reasons set out in this order. Plaintiff's failure to respond in writing to this order within 30 days may be construed as his desire to proceed as part of the class and will result in the dismissal of this case without prejudice to him proceeding with his claim as a member of the Parish class.
O[ For further details see text below.] Docketing to mail notices.
Plaintiff Garry L. Tobias (#2011-0516134), incarcerated at the Cook County Jail, filed this civil rights action against Tom Dart, the jail, and its medical staff. Plaintiff alleges that he entered the jail on May 15, 2011, that he informed medical personnel upon entering that he was in need of his prescription eye drops for Glaucoma and blood pressure medication, but that he did not receive such medications, even after repeated requests. Plaintiff's in forma pauperis ("IFP") application submitted with his complaint was incomplete as it did not include a copy of his prison trust fund account statement.
On September 14, 2011, the court entered an order requiring Plaintiff both to submit a completed IFP application or prepay the $350 filing fee and to inform the court whether he seeks to proceed with a suit separate from the class action established in Parish v. Sheriff of Cook County, No. 07 C 4369 (Feinerman, J.) (Order of Oct. 24. 2008, certified as a class "all persons confined at the Cook County Jail on and after August 3, 2005, who provided notice that he or she had been taking prescription medication for a serious health need and who was not provided with appropriate medication within 24 hours thereafter").
Plaintiff has submitted an in forma pauperis application, which includes a copy of his trust fund statement, but has not informed the court whether he wants to proceed as part of the Parish class or individually with this case. The in forma pauperis application indicates that, at the time Plaintiff submitted his complaint for filing, he had an average monthly deposit of $18.00, which would require an initial partial filing fee of $3.60 and monthly deductions from his trust fund account until the entire $350 filing fee is paid. However, because Plaintiff has still not informed the court whether he seeks to proceed with the class action in Parish or separately on his own with this suit, the court will deny the current in forma pauperis application without prejudice. If Plaintiff seeks to proceed individually, separate from the class, he may request to reconsideration of his current application.
As noted above and in the court's prior order, Plaintiff falls within the definition of a member of the Parish class. In class actions certified under FED. R. CIV. P. 23(b)(3), which Parish is, members of a class are "automatically included and remain so unless they make a timely election to opt out." Sperling v. Hoffman-LaRoche, Inc., 24 F.3d 463, 470 (3rd Cir. 1994); see also Turner v. Publishers Clearing House Executives, 39 Fed. Appx. 446, 447 (7th Cir. 2002). Plaintiff is thus a class member until he opts out, at which time, he may proceed with the instant suit. The case is Parish, however, currently does not have any opt-out provisions and there is no means yet established by which he can opt-out. If Plaintiff chooses to proceed with this case separately from the class, the court may reconsider his motion to proceed in forma pauperis and stay this case until he is able to successfully opt-out, after opt-out procedures are established in Parish.
In sum, within thirty days of the date of this order, Plaintiff must notify the court in writing whether he wants to proceed with his claims as a Parish class member, or proceed individually with this suit separate from the class, after opt-out procedures have been set in Parish and the stay has been lifted in this case. If Plaintiff fails to notify the court within thirty days of the date of this order, the court will assume he seeks to proceed as a member of the class in Parish and will dismiss the instant case without prejudice.
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text:
- queenshrew2009/02/22 17:20:42Ooh they seem to be bringing out this free shipping deal quite often
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- lilpretzel2009/02/23 12:30:59Ends today at 5PM
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The Modern Woman's Guide to Strength Training Review – For women who're attempting to uncover the true notion guiding strength training, and also for people who are functioning difficult through by themselves with the goal to get to the results that they have often dreamed about, The Modern Woman's Guide to Strength Training is the successful method for you. As being a make a difference of truth, the video lessons on this program offer a number of techniques that may assist each girl carry out their own strength training efficiently. Is The Modern Woman's Guide to Strength Training a scam? In addition, it features a diet strategy that makes use of a particular method. With this, the sole factor you'll need to do is stay with the offered job introduced inside the program.
I need to deliver you within the correct path with regards to your comprehending what type of physical exercise to use to attain your weight loss targets. I realize that we're all determined to reside a wholesome lifestyle and with time achieve a large amount of health and fitness, and infrequently that features fat reduction. Let us get in touch with that a want to modify our physique structure, obtain muscle mass and shed excess fat.
When it comes to weight loss, energy burned is probably the most essential element. Cardio training melts away much less energy than anaerobic exercising as well as weight training all round. There is needless to say an area for constant point out aerobics within your resource. In the event you take pleasure in endurance structured cardio workout, through all indicates head out there and possess enjoyable. I understand I do!
In the event you really need to shed weight, burn off fat and create a lean wholesome physique, then furthermore to correct diet, you truly want to consist of weight training as component of one's weight reduction program. Not just is physical exercise an essential element of the body fat losing program, the correct sort of workout is also crucial.
In addition to turning out to be bodily more robust, you'll find numerous wellness rewards from executing strength training workout routines, which includes physique weight loss, improved metabolic process, and also the avoidance of weakening of bones, which can be very crucial to ladies since they age. A weight training program is important and will be set up like a component of the healthful life-style.
Occasionally women may well instead would like to get slimmer as well as blaze body fat. For the folks that are continuously on the move, and that are in addition into intense workouts, mass is damaged down, this venture will without having a question assist you to recuperate your top quality and power. Remember by using usually toned muscle tissue girls could search fitter and substantially a lot more characterised. In any case exactly how may well strenght planning for women getting imaginable. This venture Produced by Molly Galbraith is an guaranteed top quality as well as creating expert, prior determine competitor together with Alli Mckee for women who desire to get strong as well as slim entire body, and really feel gorgeous using their existence.
Using the Modern Woman's Guide to Strength Training, you are going to uncover great workout routines that might maintain you impressed and convey out the very best results inside the least amount of time achievable. The actions are extremely straightforward to adhere to, the suggestions offered could possibly be personalized dependent with your nature, also it could possibly seem mind-boggling. Similarly, your physical exercise periods could be a lot more fulfilling, motivating, as well as you will discover to remain fully commited to your regimen. And finally the dietary consuming suggestions advised would aid you decrease bodyweight full time. No require to wait around for many years to get that seaside entire body you have usually desired. Certainly, obtaining the results you are anticipating is not that easy, however with Girls Gone Strong, there is undoubtedly that it will make less difficult as well as technique far better.
The Modern Woman's Guide to Strength Training had been an efficient training produced by Molly Galbraith Girls Gone Strong that will expose specifically the most effective way to attempt to do to achieve the best final results, without having undesirable strain and nervousness. The Modern Woman's Guide to Strength Training aids you each of the stuff you have to discover out about acquiring results in the exercise. The program is astonishingly methodized. Whenever you commenced to listen to the video clip classes, you would not enjoy them to complete, each certainly one of these training was extremely desirable from very first segment.
A part of the method is the sophisticated woman's handbook for high quality getting ready exercise glossary exactly where you'll get a visible plans of routines that you're going to do all through the program. Furthermore there is the leading edge lady's handbook for top quality getting ready function collection in which you're going to get entry to in surplus of ninety minutes associated with fantastic characteristic of every one of these routines. Require to become a more powerful girl? the superior lady's handbook for high quality planning can assist you do therefore, with 3 various sixteen months getting ready assignments which can be best for what ever capability degree you'll need to attain. To mixture each one of these up, you will find furthermore astonishing additional packages keeping up with regard to you to snatches the precise second you click the relationship.
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ProForm XP 400R Recumbent Exercise Bike 21752 Reviews
- Other Stationary Bikes:
- Average: 4.2
- High: 5.0
- Brand:
- ProForm
- Model:
- 21752
Read 7 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 7 customers
Comments about ProForm XP 400R Recumbent Exercise Bike:
I really love this bike! I usually do jazzercise (aerobics/dance type exercise), but I went to visit my parents a few weeks ago and I forgot my exercise DVD. SO, my mom had this exercise bike and I just thought "well, it's better than not exercising." When I tried it, I totally loved it. I was on it for about 45 mins everyday for the whole week I was visiting my parents. Every time I got off of it, I felt like I had been exercising a lot!
Now that I am back home, I am looking for one to buy. The only thing I didn't like about this bike is that I couldn't work my arms. But that's just my preference. I really did like the bike though and I most definitely felt like I got a good workout every time I was on it. You also have to make sure that it's adjusted exactly to your body. When I first got on it, it felt really akward. But once I played with it a little, adjusting it to me, it was perfect! I would definitely recommend this bike if you are wanting to get a good exercise and want to strengthen your legs!
Comments about ProForm XP 400R Recumbent Exercise Bike:
Proform XP 400R Recumbent Exercise Bicycle was a good investment at a reasonable price. It is both comfortable and easy to use for a reasonable work out. My only complaint is that it is battery operated, so it is an added charge to purchase an adapter. The assembly does not require much time. It helps add valuable exercise opportunities in the home.
Comments about ProForm XP 400R Recumbent Exercise Bike:
The XP400R Proform Recumbent exercise bike is a piece of exercise equipment that suits my needs. At this point and time I have chronic back pain. I Have tried everything to improve my pain, but nothing seems to help. Before my back situation, I did alot of aerobic exercise for health and weight loss. I needed equipment that would have no impact on my back. I am happy to say that this does give me a good cardio workout with ease. It is light, so I can move it around a bit. I can watch T.V. while I ride the bike. It has adequate resistance button, so I can turn up the tension. I would also like to mention that the seat is wide and comfortable. The back of the seat is :straight up" so uou are not sreuggling. It is comfortable and is blue and black durable vinyl with sensors. I am able to us a cloth to wipe it down. The handles are easy to grip and are straight. The peddles are in a comfortable position, so you can just slip your foot into it ,also bound with a strap. I am very pleased with this product.
Comments about ProForm XP 400R Recumbent Exercise Bike:
I love my exercise bike. I can watch TV. I can read a book, I can even ride my bike and chew gum at the same time. I do enjoy going bike riding outdoors, like at the beach. But, now I can just dream of vacationing while riding at home. It's a lot healthier too, you don't have to worry about being run over. I like that you can set it in different speeds and ramps. It was an excellent purchase.
Comments about ProForm XP 400R Recumbent Exercise Bike:
My Pro-form XP 400r bike's resistance is too hard for me to use. I have read the instruction manual and have it set down to 1, but it is still to hard for me to use. Does anyojne have a suggestion for me?
Comments about ProForm XP 400R Recumbent Exercise Bike:
Pro-Form XP 400 R Bike Exerciser has many nice features including calorie goal work outs, ifit trainer workouts, and pulse sensor just to name a few.
The Pro-Form XP 400 R Bike Exerciser has the most comfortable seat of any exercise bike that I have sat on. I have been on other bikes where the seat is uncomfortable and then I wouldn't ever use that bike again. This is one bike that I will continue to use.
This bike is more comfortable than the ones at our local gym and it has more features. Plus by having this one at home I will be able to use it more and save on paying anything toward a gym membership and also save the cost of gas it would take to drive into town. Also I can use it whenever I want, not just when the gym is open.
Comments about ProForm XP 400R Recumbent Exercise Bike:
I purchased this recumbent bike prior to having back surgery. I thought it would be a comfortable form of exercise after surgery because the seat is low and has a straight back for support. The reason I did not give 5 stars is because of the assembly and a broken piece. Although the instructions are relatively easy to understand, the assembly took a little while. I was doing the assembly be myself, and I would recommend having some help. There are parts that are very difficult to put together alone. There was also about a 2 inch corner of one plastic piece near the cup holder that was broke off when I opened it. Because it didn't interfere with the operation of the bike and because I had the assembly almost complete, I didn't try to have it replaced. The bike itself is very nice, runs smoothly, and has many options for programming your workout. It does run with batteries so if you don't want to replace them often, you will have to purchase the power cord separately.


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Lyrics Depot is your source of lyrics to My Little Chicken by Adam Sandler. Please check back for more Adam Sandler lyrics.
My Little Chicken Lyrics
Artist: Adam Sandler
Album: There're All Gonna Laugh At You
When I'm feeling down
And feeling sad
You come around
And make me glad
I got you
Oh, my little chicken
I love your feet
I love your breasts
I love the way you eat gravel
To help you digest
Oh, my little chicken
People say you're using me
In your heart you're a killer
But I know the worst
I should fear is
A slight case of salmonella
So lie right back
Don't you cry
If an egg can fit in there
Why can't I.....mmmmmmm
Oh my little
Bawk, Bawk, Bawk, Bawk
Bawk, Bawk, Bawk, Bawk
Bawk, Bawk, Bawk, Bawking Bawk,
Bawk, Bawk, Bawking Bawk
You're my love
My little chicken likes
To wear garter belts
Adam Sandler Lyrics
Adam Sandler There're All Gonna Laugh At You Lyrics
More Adam Sandler Music Lyrics:
Adam Sandler - Assistant Principal's Big Day Lyrics
Adam Sandler - Cordurory Blues Lyrics
Adam Sandler - Dip Doodle Lyrics
Adam Sandler - Red Hooded Sweatshirt Lyrics
Adam Sandler - Right Field Lyrics
Adam Sandler - Teenage Love On The Phone Lyrics
Adam Sandler - The Chanuka Song Lyrics
Adam Sandler - The Longest Pee Lyrics


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Sweet & Nutty Tuna Salad
Total Time
Prep 15 mins
Cook 0 mins
I was actually making a "normal" tuna salad when I decided to tweak it a little with a couple things I had lying around the kitchen. And I gotta say, this ones a keeper! So if you love cranberries and nuts, I'd definitely give this version a try. My nuts of choice are cashews but I'm sure walnuts and almonds would work just as great. Serve atop lettuce with tomatoes on oatnut or wheat bread for a healthy and wholesome meal.
Ingredients Nutrition
- 3 (6 ounce) cans albacore tuna
- 2 green onions, minced
- 1 stalk celery, finely diced
- 1⁄2 lemon, juice of
- 2 tablespoons sweet relish
- 1⁄2-3⁄4 cup mayonnaise
- 1⁄4 teaspoon salt
- lemon pepper
- 1⁄4 cup unsalted cashews, crushed
- 1⁄4 cup dried cranberries (ie Craisins)
- Drain and squeeze tuna to remove all excess water.
- Combine all ingredients in a medium size bowl and add more seasoning, mayo, nuts, and cranberries to your liking.
- Cover and refrigerate for at least 2 hours so flavors can meld.
- Enjoy!
Most Helpful
Omg! So good, I cant belive that I never thought to put cranberries and cashewes in my tuna. Thanks for sharing!


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Find the hottest pop music, hiphop and EDM tracks by bpm & artist. Get a playlist or dj mix in a few clicks.
popular bpm's:
Thursday, June 9, 2016
Hymn For The Weekend (Seeb Remix) - Coldplay, Seeb
Speed: 102 bpm
Recommended bpm range: 100 to 105 bpm
The DJ's Take: Good example of a remix that's more dj-friendly than the original. Has a nice bounce that should fit right in with your typical 100 bpm tropical house. Try mixing with key-compatible tracks like:
Promise - Kid Ink ft. Fetty Wap, Try Me - Jason Derulo ft. Jennifer Lopez & Matoma, Sorry - Justin Bieber, Sexual Healing (Kygo Remix) - Marvin Gaye, Stay - Kygo ft. Maty Noyes, Here For You - Kygo ft. Ella Henderson, Omen - Disclosure ft. Sam Smith, About You - Trey Songz, You Know You Like It - DJ Snake and AlunaGeorge, Worth It - Fifth Harmony, I'm Sprung - T-Pain, Stuck On A Feeling - Prince Royce, Electric Feel - MGMT, Sexual Healing - Maxamillion, Get Low - Lil Jon and the East Side Boyz
Download or stream the song:


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This cute little gift set comes with a wild rose hand lotion, a passion fruit and musk hand lotion and a mini nail file to really polish your look. That's a thoughtful Secret Santa sorted right there!More details
Hand Creams And Nail File Gift Set
Wild rose hand cream: Aqua (Water), Petrolatum, Isopropyl Palmitate, Cetearyl Alcohol, Glycerin, Glyceryl Stearate, PEG-100 Stearate, Butyrospermum Parkii Butter (Butyrospermum Parkii (Shea) Butter), Dimethicone, Phenoxyethanol, Polysorbate 60, Parfum (Fragrance), Benzyl Alcohol, Caprylyl Glycol, Acrylates/C10-30 Alkyl Acrylate Crosspolymer, Disodium EDTA, Xanthan Gum, Ethylhexylglycerin, Sodium Hydroxide, Hexyl Cinnamal, Linalool, Butylphenyl Methylpropional, Benzyl Salicylate, Hydroxycitronellal, Citronellol, Geraniol, Limonene, Coumarin, Alpha-Isomethyl ionone, Citral, Benzyl Benzoate, Isoeugenol
Passion fruit & musk hand cream: Aqua (Water), Petrolatum, Isopropyl Palmitate, Cetearyl Alcohol, Glycerin, Glyceryl Stearate, PEG-100 Stearate, Butyrospermum Parkii Butter (Butyrospermum Parkii (Shea) Butter), Dimethicone, Phenoxyethanol, Polysorbate 60, Parfum (Fragrance), Benzyl Alcohol, Caprylyl Glycol, Acrylates/C10-30 Alkyl Acrylate Crosspolymer, Disodium EDTA, Xanthan Gum, Ethylhexylglycerin, Sodium Hydroxide, Limonene
Product code: 917861
Delivery & Returns
FREE UK Standard Delivery
On ALL orders until midnight Sunday! Delivery is now faster. Get it within 2-4 working days.
Delivery To Store
Free Delivery to Store on ALL orders
Order by 5pm Mon �Fri for delivery to store by 1pm. Sat/Sun orders will arrive in store by Tuesday 1pm.*
* We regret we cannot send next day to Aberdeen, Northern Highlands, Republic of Ireland, Argyll, Glasgow, Dundee, Guernsey, Perth, Shetland Islands St Andrews and Isle of Scilly.
UK Next Day Delivery
�5.95 on all orders. Delivery is next day, 7 days a week. UK mainland orders only, placed before 5pm Mon-Fri and before 2pm Sat & Sun.
International Delivery
�10, wherever you are in the world! Delivery is usually within 5-12 working days.
Returns Information
Returns Policy
Returns are FREE from anywhere in the UK (except during sale periods). Simply return your unwanted item within 30 days of receipt (full price), 15 days (for Sale items), unused and in its original condition with your completed returns form via any of the following ways:
To any Fat Face store
You can return items to any of our 200+ stores across the UK and Ireland. Please take your despatch note with you as proof of purchase. Find your nearest store here.
By post
Take your parcel to any post office with the Royal Mail free post label applied and your Fat Face returns form enclosed inside. Always ask for proof of posting to ensure a full refund, even if your parcel gets lost.
You can take your parcel to any of the 5,800 participating convenience stores. Enclose your Fat Face returns form and write your Fat Face order number on the Collect+ label.
Find your nearest store at www.collectplus.co.uk/fatface
Asda ToYou
You can now return items at Asda stores using the ToYou service. Enclose your FatFace returns form in the parcel and write your name and FatFace order number on the ToYou label.
Find your nearest store at www.toyou.co.uk/locations
Christmas Returns
We want you, your family and your friends to love the gifts they receive this Christmas. Therefore we are happy to extend our 30 day returns policy over the festive period.
Any purchases made between 28th October 2016 and 4th December 2016 can be returned until 5th January 2017 as long as accompanied by the original receipt.
For purchases made after 4th December 2016 the standard 30 day policy applies (15 days for sale items).
Please note that items accompanied by a gift receipt entitle the bearer to an exchange or gift card only.
This policy is in addition to your statutory rights.
Returns during Sale
During sale periods we are unable to offer free post or Collect+ returns. However, you can still return items to any of our 200+ stores across the UK and Ireland. Please provide your despatch note as proof of purchase.
Orders by PayPal
You can get a full refund in store on any order placed through PayPal. Simply take your unwanted items into any FatFace store with the returns form enclosed and the original card you used to place your order.
International Returns
Simply return your unwanted items within 30 days of the invoice date, unused and in its original condition by post to:
Fat Face Customer Services, Unit 1-3 Ridgway, Havant, Hampshire, United Kingdom, PO9 1QJ
Please complete the original Fat Face returns form included in your order to ensure a fast refund. Add an address label to your parcel, covering the original delivery information, and take it to your local Post Office. If possible, ask for proof of posting to ensure a full refund even if your parcel gets lost.
Please allow up to 21 days for both UK and International Returns to be processed. Due to health and hygiene reasons, we are unable to accept returned underwear or earrings unless faulty. Swimwear is only returnable if unworn and the hygiene strip is in place.


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JO-ANNE MCARTHUR'S PHOTO ESSAY in Lifecycles features a handful of heart-shattering windows into the way pigs are trafficked in their final moments, courtesy of McArthur's unflinching eye. Buy the issue for the story behind these photos and more.
Inside a small-scale slaughterhouse. ...Although the graphic nature of this photo doesn't make it obvious, this is what humane meat looks like.
Exclusive online photo: Minutes before death at an abattoir, from We Animals.
Property or Sentient?
"Sentient beings feel pleasure, pain, fear and attachment. Biologically, sentient beings have a nervous system, which allows them to innately experience these feelings. Sentient creatures will seek pleasure, will react to fear and, most significantly, avoid suffering and pain in order to live. Animal rights are based on the idea that non-human animals, like humans, are sentient beings; and like humans, non-human animals have an interest in preserving their own lives." – From the website for The Ghosts in Our Machine, a documentary from Toronto filmmaker Liz Marshall that profiles McArthur's work with Toronto Pig Save and other causes.
What you can do
Support We Animals by buying prints, making donations and making lifestyle changes. Learn more and get involved with Toronto Pig Save. Find or host a screening of The Ghosts in Our Machine. See more of Jo-Anne's work at the Fur Trim is a Trap website.
We've got interviews with Jo-Anne McArthur and The Ghosts in our Machine creator Liz Marshall in the Lifecycles podcast.
Watch The Ghosts in Our Machine at the Princess Cinema on October 3, 2013, as part of A\J's Planet in Focus KW film series.
Popular on A\J
- In two weeks: launch of A\J SUMMER READING series. Web-exclusive stories about protecting our great outdoors. alternativesjournal.ca — 20 weeks 2 days ago
- 'Believe This', how the environmentally-minded person can sustain their faith and hope https://t.co/04L0ZlwVfe https://t.co/6Tg1t9XIUM — 20 weeks 2 days ago
- It's Week in Review time, highlighting the top environmental news stories of the week! https://t.co/nNzPSBtU3U — 20 weeks 6 days ago


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HP's "consumer" Elite x3 counterpart might not be as beefy
If you've had your hopes up that HP's next Windows 10 Mobile will be as good as the Elite x3 though not as pricey, it's perhaps time to temper those expectations. Don't worry, it might not be as bad as the Moly X1. According to sources, HP's consumer-level smartphone will instead be a mid-range device, sporting a processor from Qualcomm's Snapdragon 600 series. While not as powerful as an 820, it will still be enough to comply with Continuum's requirements.


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Bhabhi Ji Ghar Par Hai 14th July 2015 Written Episode, Written Update on TellyUpdates.com
The episode starts with,anguri narrates vibhuti a poem, listening to it, vibhu gets annoyed and narrates one praising himself, and leaves anguri says I never understand what he says,vibhu goes home and asks anita what will u have for breakfast, anita says oh u came good morning,and she stumbles over chappals and says pick them up, vibhu says cmon u pick it up, anita says its urs cmon pick it, vibhu says do I ever do this is mine that is ur, why do u always do this to me, anita says dare u talk to me this way, vibhu says yes this attitude is just bcoz u earn money but plz I don't live here for free instead do all household works and u treat me like a servant and not husband and this is enough, anita goes and gets a bag, vibhuti says plz u wont leave this house, anita says don't worry I
Tiwari calls anguri and asks how am I looking, anguri says very handsome, he tries to tickle her and she tries to run away, vibhu enters, anguri asks where are u going with this bag, vibhu says I came to stay here, tiwari says is this a hotel, vibhu holds tiwaris hand and starts crying and says I need help, tiwari says is bhabhiji okay is she fine, vibhu says anita threw me out of house, tiwari starts laughing, anguri asks but why did she do this, vibhuti says I fought with her, anguri says she shouldn't do this I will go talk to her, tiwari says anguri u stay here and I shall go talk u give him tea, anguri says ok, tiwari says don't think of committee suicide I will return soon,vibhu says what I wont, u make me think abt it, tiwari says think if u want I may even help if u want to committee.
Tiwari goes to vibhutis house and sees anita upset, and wipes his tears and says what and how did this happened, I am feeling so bad that I cant help u and vibhuti, plz say something, anita says what shd I say I didn't ever think that vibhu can talk to me in this tone, tiwari says no must be some misunderstanding or else he wont say like this abt u to me, anita says what did he say, tiwari says relax u cant divorce him, anita says divorce what I didn't ask for that, tiwari says but he is saying, anita says by saying this he has separated us, tiwari says I wont let that happen, I will talk to vibhuti from ur side, anita says no need, I will divorce him now before he does, get me a lawyer, tiwari says right now and leaves.
Saxena at tea stall, hapu singh comes, saxena asks whay are u so angry, hapu singh says a guy irritated me a lot and made fun of me being a police, saxena says then what did u do,anyways u know what I was lawyer before, hapu singh starts laughing and says what a joke, saxena say I made 15 divorce, hapu singh says then why did u leave, saxena says once I was coming home and a kid made fun of my lawyership and so I left the court as it hurt me, tiwari comes and joins them, and ask what are u doing, hapu singh says nothing much u say, tiwari says do u know any lawyer, hapu singh asks why u want what did u do, tiwari says I want it for anita bhabhi, she is taking divorce from vibhutiji, hapu singh starts laughing and says tiwari anita bhabhi will be single now, tiwari says how does that affect u,hapu singh says nothing its good she will get rid of a pain, saxena says tiwari bhaiya I am lawyer and gives him his card,tiwari says wow thats good u come with me we will go to bhabhiji, hapu singh says wow now she will be single.
Anguri in tears while chopping onions, vibhuti tells her his and anitas love story, anguri says how sweet, and don't u worry all will be fine, tiwari enters and says how are u vibhutiji, vibhu says not good, tiwari says don't worry ups and downs do come, vibhu asks what did anu say, tiwari says every coin has two coins good and bad but guess u have the bad one, vibhuti shouts what did she say, tiwari says divorce, vibhu says she wont, anguri says yes why did she take this step for such small thing, I will talk to her, tiwari says don't she is very angry, vibhu says she cant do this, tiwari says u have to face it, vibhuti leaves and starts crying loudly, listening to this voice anguri starts crying too.
Precap: saxena introduces himself as anitas lawyer and gives vibhuti divorce papers.
Update Credit to: Tanaya


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Jane Mayer has been a New Yorker staff writer since 1995. She covers politics, culture, and national security for the magazine. Most recently, she is the author of Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right, described by the New York Review of Books as "absolutely necessary reading for anyone who wants to make sense of our politics … Mayer is telling the epic story of America in our time. It is a triumph of investigative reporting."
In 2008, she published the New York Times bestseller The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals, which is based on her New Yorker articles and was named one of the top ten works of journalism of the decade by N.Y.U.'s Arthur L. Carter Journalism Institute. She is also the co-author, with Jill Abramson, of Strange Justice, and, with Doyle McManus, of Landslide: The Unmaking of the President 1984-1988. In 2009, Mayer was chosen as Princeton University's Ferris Professor of Journalism.
Previously, she worked at the Wall Street Journal, where she covered the bombing of the U.S. Marine barracks in Beirut, the Persian Gulf War, and the fall of the Berlin Wall. In 1984, she became the paper's first female White House correspondent.
Her numerous honors include the John Chancellor Award; a Guggenheim Fellowship; the Goldsmith Book Prize; the Edward Weintal Prize; the Ridenhour Prize; the Helen Bernstein Book Award for Excellence in Journalism; the J. Anthony Lukas Prize, the Sidney Hillman Prize, the Robert F. Kennedy Book Award, the James Aronson Award for social justice journalism, the Toner Prize for political reporting, and the I. F. Stone Medal for Journalistic Independence.
Selected Bibliography
Dark Money: The Hidden History of the Billionaires Behind the Rise of the Radical Right (2016)
The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals (2008)
Strange Justice: The Selling of Clarence Thomas (1994)
Online Resources
Jane Mayer's website
Mayer's New Yorker contributor page
Mayer interviewed by Rolling Stone
Dark Money reviewed by NYT


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What are you most proud of? I figured out the chart had a mistake in it and corrected the knitting on my own. I'm also happy with the colors, since I couldn't get the Cascade yarns. What advice would you give someone starting this project? I had trouble with tension and gauge and checked out the class questions and answers. In one of the answers, Amy suggested that a change in size AND material (metal to wood, etc.) can change tension, gauge and rows. I tried wooden needles 2 sizes smaller and my next swatch is much better looking and is accurate for both gauge and rows. Be sure to read through the questions and answers. Someone else may have/had the same issues and the answer may already be there!


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Rude, crude and hilarious, whether he's hitting on Joanne or brokering the sale of Soviet weapons through Israel and Islamic Pakistan, Hoffman is the film's sparking live wire. show more
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2007 Shaw & Smith Sauvignon Blanc
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Shaw & Smith have been producing their Sauvignon Blanc since 1990 and have established a reputation as one of Australia's leading exponents of the varietal. 2007 was a warm and dry vintage in the Adelaide Hills and whilst the drought and Spring frosts reduced production in a number of key wine growing regions in South Australia, Adelaide Hills was not as dramatically affected.
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April 19, 2012
STRUCTURAL STEEL FABRICATORS, INC., PLAINTIFF-APPELLANT,v.LACONTI MASONRY & CONCRETE, INC., DEFENDANT-RESPONDENT.
On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-957-08.
Argued January 10, 2012
Before Judges Payne, Simonelli and Hayden.
In this construction case, plaintiff, Structural Steel Fabricators, Inc. (SSF), appeals the November 15, 2010 order of the trial court dismissing SSF's verified complaint and granting the motion of defendant, LaConti Masonry & Concrete, Inc., to compel arbitration before the American Arbitration Association (AAA) and to consolidate the matter with two other disputes that were subject to arbitration. We affirm.
The dispute in this matter arises from the construction of the Speedway Elementary School in Newark. The general contractor for the project was Delric Construction Company, Inc., which entered into a $33,626,000 contract with the New Jersey Schools Development Authority for the construction of the school. On October 22, 2007, Delric entered into a subcontract with LaConti to provide masonry and concrete services for the project, and on March 11, 2008, it entered into a subcontract with SSF to fabricate and erect structural steel and miscellaneous items. Both subcontracts stated:
Except as provided in paragraph 24.2 below, any and all disputes or claims arising out of and/or related to the Subcontract and the performance of the Work at the Project, shall be decided solely in the Superior Court of New Jersey and venue in any such action must be placed in the County of Passaic.
Notwithstanding the above, any claims, disputes or other issues arising out of and/or related to the Subcontract and the performance of the work may, at Delric Construction Company, Inc.'s sole option, be decided in binding arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration and Mediation rules. . . .
Each of the two subcontracts also contained a provision that stated:
In the event the Work of the Subcontractor is damaged, or should the Work of the Subcontractor be delayed or interfered with by any other subcontractor or other contractor on the Project, the Subcontractor and each such subcontractor or contractor shall be directly responsible to the other, each shall look solely to the other for compensation, and the Subcontractor will not seek compensation or damages from Delric Construction Company, Inc. by reason thereof.
The subcontract between Delric and SSF contained scheduling provisions that included a June 9, 2008 commencement date for the erection of structural steel and a final anticipated completion date of July 20, 2009, established to permit the school to be occupied during the 2009-10 school year. To obtain portions of the steel for the project, SSF entered into a subsub-contract with Consolidated Systems, Inc.(CSI). Subsequent to the execution of that contract, CSI informed SSF of an increase in the price of the steel of over thirty percent. The Schools Development Authority declined to authorize the increase. As a result, SSF refused to pay the additional cost, and CSI refused to deliver the steel. In response, SSF filed an order to show cause and verified complaint against CSI seeking damages for breach of contract and an order compelling delivery of the steel. By order dated June 25, 2008, the court entered a preliminary injunction against CSI compelling it to deliver all materials specified in the agreement with SSF by a date certain. The materials were delivered over a period of several months.
SSF filed an amended complaint on November 5, 2008, and on December 5, 2008, CSI filed an answer, counterclaim and third-party complaint against Delric. Thereafter, on February 26, 2009, SSF filed a second amended complaint naming as defendants, among others, Delric and its two principals, Biagio Della Cerra and Robert Ricciardi. In that complaint, SSF alleged that it was damaged by CSI's refusal to deliver materials and by the defective nature of the materials when delivered. SSF also alleged nonpayment of monthly requisitions by Delric as well as nonpayment by it for work performed that was outside the scope of that required by the contract. SSF asserted causes of action against Delric for breach of contract, violation of the Prompt Payment Act, amounts due on a book account, breach of the covenant of good faith and fair dealing, unjust enrichment/ quantum meruit, violation of the Trust Fund Act, conversion, and fraud. The last three causes of action were also asserted against Delric's principals.
Invoking the arbitration provision of its contract with SSF, Delric
successfully moved for dismissal of the action against it,*fn1
with referral of the matter to arbitration. SSF appealed from
the order of dismissal, and we affirmed the trial court's order in an
unpublished opinion. Structural Steel Fabricators, Inc., No. A-0445-09
(App. Div. November 16, 2010).
On May 29, 2009, Delric filed a demand for arbitration with the AAA, describing the dispute with SSF in the following terms:
Subcontract dispute between general contractor and structural steel prime subcontractor involving respondent's project delays, failure to pay suppliers and subcontractors and abandonment of work.
Claimant's damages include costs to accelerate to overcome delays caused by respondent and costs incurred to complete and correct respondent's work.
SSF filed an answer in the arbitration proceeding on August 7, 2009 and an amended answer, counterclaims against Delric alleging an excess of $1.2 million dollars in damages, and third-party claims against Delric's principals, Ricciardi and Della Cerra, on August 24, 2009. Discovery was conducted in the arbitration matter and, between April 27, 2010 and November 8, 2010, seventeen days of hearings took place, but were not concluded.
On April 22, 2010, LaConti, the masonry subcontractor, filed a demand with the AAA for arbitration of a dispute with Delric. In its demand, it stated:
LaConti entered into a subcontract with Delric for work on a project located at Speedway Elementary School. LaConti was damaged due to significant delays attributable to Delric and/or Delric's subcontractors including, but not limited to Structural Steel Fabricators, Inc. ("SSF"). There currently is a pending arbitration . . . between Delric and SSF involving similar claims deriving from the same project. LaConti believes consolidation is warranted so the various overlapping delay issues can be resolved efficiently in a single proceeding.
The matters were consolidated by an order entered on June 15, 2010 over SSF's opposition. Hearings in the LaConti action were ordered to follow those in the Delric action against SSF.
On August 26, 2010, LaConti served the report of its expert, Metropolitan Engineering Associates, Inc. on Delric and SSF. In an executive summary of the report, the expert stated:
As set forth in greater detail herein, LaConti is owed a total amount of $807,125.81. This includes the balance of the Subcontract funds due LaConti of $220,506.66, together with unexecuted change order requests/proposals of $41,921.77 and the costs, due to extensive delays by SSF as regards to the masonry, of $544,697.38.
Delric's failure to properly supervise, direct and coordinate the Delric Contract work resulted in an extended duration of LaConti's Subcontract work. This extended Subcontract duration was caused by SSF's failure to complete the structural steel, metal deck, and miscellaneous iron and the need for Delric to complete the remaining SSF Subcontract work and correct SSF's incorrect work. The delay(s) resulted in significant cost overruns. LaConti, for reasons beyond its control, was forced to extend its scheduled Subcontract duration twenty-six (26) weeks (6 months) from the Projected Subcontract Completion Date contemplated after the concrete foundations were substantially complete.
Total damages were fixed at $807,125.81.
On September 7, 2010, SSF filed the order to show cause and verified complaint that constitute the subject of this appeal against LaConti in the Superior Court, Essex County. In that complaint, SSF alleged that LaConti failed to perform its work in a timely fashion, failed inspections and tests, had its work rejected, and performed its work negligently, causing economic injury to SSF. It alleged additionally that claims for delay asserted by Delric against SSF were in fact the result of LaConti's negligence and failure to perform and complete its work in an orderly, timely and workmanlike manner.
Addressing the ongoing arbitration, SSF noted that "LaConti's expert report [in its dispute with Delric] is replete with claims that SSF delayed LaConti's work on the Project, resulting in alleged damages to LaConti in excess of $500,000. Thus LaConti has asserted through its expert report that SSF is responsible for its delays on the Project." Having noted that both the SSF and LaConti contracts contained provisions precluding the assertion of delay claims against Delric and requiring that they be asserted only against the subcontractor allegedly causing the delay, SSF claimed that "[t]his is the type of claim that was expressly contemplated in the Subcontracts, which require that LaConti bring its delay claim against SSF, and not Delric." Because there was no arbitration provision between SSF and LaConti, SSF asserted that the delay claims could not be litigated before the AAA and should be removed immediately from the arbitration pursuant to the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32. Because the arbitration hearing was to recommence on September 8, 2010 with LaConti's participation, SSF sought a declaratory judgment summarily directing that LaConti's claims against SSF be removed from arbitration and brought in the Superior Court. Alternatively, it requested a stay pending appeal.
LaConti cross-moved to dismiss SSF's claims, remove them to arbitration, and to consolidate the SSF/LaConti arbitration with the SSF/Delric and the LaConte/Delric arbitration. The matter was transferred to Somerset County where SSF's initial action against Delric had been filed, and on November 15, 2010, the trial court granted LaConti's motion to dismiss and consolidated the SSF/LaConti arbitration with the SSF/Delric and LaConti/Delric arbitrations. Upon referral to arbitration, LaConti asserted claims for delay damages against SSF.
This appeal followed. While the appeal was pending, on June 24, 2011, the arbitrators issued their awards. The panel determined that there was an unpaid subcontract balance due from Delric to SSF in the amount of $789,554. However, the panel also found that Delric had sustained $679,725.94 in damages attributable to SSF, and that SSF was liable for counsel fees of $234,944.08, expert fees of $13,280 and costs of $4,862.11. Because those amounts exceeded SSF's award, SSF was required to pay Delric $143,258. Additionally, SSF was ordered to pay LaConti the sum of $474,062 on its claim for "impact cost summary due to extended subcontract time - January 20, 2009 through July 22, 2009." The arbitrators noted that Delric and LaConti had stipulated to an award of $161,291.25 in earned retainage plus an additional $5,945.75 for brick replacement. Claims against Ricciardi and Della Cerra were dismissed.
On appeal, SSF claims that, as the result of the absence of a contractual arbitration agreement between SSF and LaConti, and in light of the contract provision precluding the assertion of delay claims against Delric, the trial court erred in dismissing its Superior Court action and ordering that its claims against LaConti be consolidated in the ongoing Delric/LaConte/SSF arbitration. LaConti, on the other hand, argues that the parties' claims against Delric for nonpayment, which led to claims by Delric against SSF for "project delays, failure to pay suppliers and subcontractors and abandonment of work," were properly arbitrated, as the result of the arbitration provisions in each subcontractor's contract with Delric. LaConti further argues that the contracts did not preclude the joinder of claims by the subcontractors against each other for delay with the claims by the subcontractors against Delric. Finally, LaConti argues that the court properly compelled the subcontractors to arbitrate their claims against each other, despite the absence of an arbitration agreement between them, as the result of the application of principles of equitable estoppel.*fn2
We agree with LaConti's position in the matter, concluding that the trial court properly determined that the dispute between LaConti and SSF was equitably subject to SSF's agreement to arbitrate, N.J.S.A. 2A:23B-6b, and that the court's order dismissing SSF's action against LaConti and referring the dispute to the AAA for consolidation with matters pending there was legally warranted. N.J.S.A. 2A:23B-7b.
In reaching that conclusion, we rely, in large part, on our decision in Bruno v. Mark MaGrann Associates, 388 N.J. Super. 539 (App. Div. 2006). In that case, we held that the trial court properly dismissed a class action against heating subcontractors alleging defects in a development's heating units and referred the matter to arbitration for consolidation with an arbitration pending against the project's developer, despite the fact that the homeowners were not in contractual privity with the subcontractors and lacked arbitration agreements with them. We found the terms of the arbitration agreements between the homeowners and the developer, U.S. Home, together with the agreements between the developer and the subcontractors, to be sufficiently broad to permit arbitration. Id. 546-47. In reaching that conclusion, we relied on the Eleventh Circuit's decision in McBro Planning & Development Co. v. Triangle Electrical Construction Co., Inc., 741 F.2d 342, 344 (11th Cir. 1984). We described its holding in language that is relevant to the present matter as follows:
(contractor and project manager with no contractual relationship required to arbitrate their disputes because the claims were "'intimately founded in and intertwined with'" an underlying contract that contained an arbitration clause) (quoting Hughes Masonry Co. v. Greater Clark County Sch.
Bldg. Corp., 659 F.2d 836, 839, 841 n. 9 (7th Cir. 1981) (where plaintiff agreed in a contract with defendant to provide masonry service for construction of two schools, and contract contained arbitration provision, plaintiff was required to arbitrate with subcontractor without a direct contract because plaintiff's claim arose out of contract between plaintiff and general contractor)); Wasserstein [v. Kovatch,] 261 N.J. Super. [277,] 286 [(App. Div.), certif. denied, 133 N.J. 440 (1993)] (relationship of the claim to the subject matter of the arbitration clause determines arbitrability). [Bruno, supra, 388 N.J. Super. at 547.]
We noted as an additional reason to arbitrate the fact that the developer, with which plaintiffs had an ongoing arbitration, was an indispensable party to the dispute between plaintiffs and the subcontractors. Ibid. In that connection we noted that "[a] party is indispensable if it has an interest 'inevitably involved in the subject matter before the court and a judgment cannot justly be made between the litigants without either adjudging or necessarily affecting the absentee's interest.'" Ibid. (quoting Allen B. Du Mont Labs., Inc. v. Marcalus Mfg. Co., 30 N.J. 290, 298 (1959) (additional citations omitted)). We found the developer to be such a party. Ibid.
We held applicable the further ground "that the arbitration agreements between U.S. Home and its subcontractors render arbitration the only forum where all parties can proceed in a single action to have the dispute resolved. Permitting all parties to resolve the dispute in a singular proceeding avoids piecemeal litigation." Id. at 548 (citations omitted).
Finally, we concluded that, under the circumstances, the plaintiffs were estopped from avoiding arbitration. We held:
The subject complaint presents the same factual allegations as those in the Ocean County complaint. In both cases, the merits of the dispute are bound up with plaintiffs' contracts with U.S. Home. Plaintiffs cannot now avoid arbitration simply by omitting the general contractor from its complaint. Cf. JLM Indus. v. Stolt-Nielsen SA, 387 F.3d 163, 177-78 (2d Cir. 2004) (nonsignatory to arbitration agreement may compel signatory to arbitrate when issues to be litigated are intertwined with agreement containing arbitration clause); Choctaw Generation Ltd. P'ship v. Am. Home Assurance Co., 271 F.3d 403, 406 (2d Cir. 2001) (signatory to an arbitration agreement may be estopped from avoiding arbitration with a nonsignatory when the issue in dispute between the parties is bound up in a contract containing an arbitration clause) . . . . [Bruno, supra, 388 N.J. Super. at 548.]
See also EPIX v. March & McLennan Cos., 410 N.J. Super. 453, 465-66 (App. Div. 2009).
In the present matter, SSF entered into a contract with Delric that contained a broad arbitration clause permitting Delric to compel arbitration of "any claims, disputes or other issues arising out of and/or related to the Subcontract and the performance of the work." When SSF filed suit against Delric alleging nonpayment of monies owed to it, Delric, as was its right, invoked the arbitration clause to compel arbitration of the dispute before the AAA. In doing so, Delric asserted as ground for nonpayment SSF's "project delays, failure to pay suppliers and subcontractors and abandonment of work." It claimed as damages "costs to accelerate and overcome delays caused by respondent and costs incurred to complete and correct respondent's work." It is noteworthy that Delric's claim for damages as the result of delay was appropriately asserted, there being no prohibition of such a claim by Delric in Delric's contract with SSF.
Thereafter, LaConti sought arbitration of its claim for damages against Delric.*fn3 As set forth in LaConti's expert report, those damages included funds due from Delric to LaConti in the approximate amount of $260,000 plus delay damages of approximately $545,000, which the expert attributed to Delric's failure to properly supervise, direct and coordinate the Delric contract work, as well as to SSF's failure to complete the structural steel work on the project. We find it to have been appropriate for the trial court to have referred SSF's subsequent action for delay damages against LaConti to arbitration, so that the delay claims between the two subcontractors could properly be resolved as specified in their subcontracts, within the overall context of the resolution of the various interrelated claims between the parties.
In circumstances in which SSF's actions against Delric and LaConti had their basis in the provisions of the Delric/SSF contract, we find SSF to have been properly estopped from litigating a portion of its dispute in court. In that regard, we are satisfied that, like Bruno, in this matter, arbitration provided the only forum where all parties could proceed in a single action to obtain resolution of their dispute, and that precedent amply supported the trial court's decision to compel that arbitration.
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How to Make Text Over Images With Microsoft Excel
Images can make your Microsoft Excel spreadsheets more attractive. Backgrounds are often used to show a business logo or a template. Clip art and drawn images help illustrate points or draw attention to certain parts of your spreadsheet. To use images in your spreadsheet, you need to make the text appear over images. This allows users to read Excel data, while still seeing your images. Most images have transparency settings that allow you to view the text behind them.
Clip Art and Pictures
Step 1
Add a clip art image or picture to your spreadsheet. Go to "Insert" and choose "Picture." Select "Clip Art," "From File" or "From Scanner or Camera." Select your image to insert it into the spreadsheet. Place the image in your desired location. Note that if you want to set transparency options on images from your computer, scanner or camera, they must be bitmap images. These images have a .bmp extension.
Step 2
Right-click the image and select "Show Picture Toolbar." If the toolbar is already shown, you'll only see an option to "Hide Picture Toolbar."
Step 3
Click the "Set Transparent Color" button on the picture toolbar.
Step 4
Click the color on your image you wish to make transparent. Only the text behind the color you choose will be transparent.
Step 5
If transparency settings aren't available or you need more than one color to be transparent, add a transparent text box over your image. Select "Text Box" from the Drawing toolbar. Go to "View" and select "Drawing" to view the toolbar. Draw a text box over your image. Type in your desired text. Right-click the text box and select "Format AutoShape." Select "Colors and Lines." Set the "Transparency" to 100 percent. Press "OK." Your text will be visible over the image, but the text box itself will not be seen.
Drawing Images
Step 1
Draw an image on your spreadsheet. Drawn images are created using tools from the "Drawing" toolbar. Go to "View" and select "Drawing" to view drawing tools.
Step 2
Right-click the image and choose "Format AutoShape."
Step 3
Select the "Color and Lines" tab. Locate the "Transparency" slider. Slide the transparency bar to at least 50 percent. You can also type the transparency in the box beside the slider. Press "OK" to set the transparency. If you need the object to be lighter or darker, repeat the process.
Tips & Warnings
- Setting the transparency of a clip art image only works with some clip art images, not all.
- When using text boxes, line up your image and text box so the text box appears where the covered data is located.
- Don't delete information hidden behind images. Even though you type it in a text box, the original information needs to remain in place for calculations.