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October 5, 2010
MICHAEL J. BRODHEIM, PLAINTIFF,v.MICHAEL CRY, ET AL., DEFENDANTS.
Plaintiff is a state prisoner at the California Medical Facility ("CMF"), in Vacaville, California, proceeding with counsel in this civil rights action. The case was remanded to this court on December 17, 2009, from the Ninth Circuit Court of Appeals, for further proceedings consistent with the court's decision in Brodheim v. Cry, 584 F.3d 1262 (9th Cir. 2009). That decision reinstated plaintiff's First Amendment retaliation claim pursuant to 42 U.S.C. § 1983, and his state law claim for violation of the Bane Civil Rights Act, California Civil Code § 52.1.*fn1 As addressed below, the presently named defendants in this action are former CMF Appeals Coordinator Michael Cry, former CMF Warden Ana Ramirez-Palmer, and former CMF Chief Deputy Warden J. Valadez.
This case proceeds on plaintiff's Third Amended Complaint and Supplemental Pleading, filed September 22, 2004. (Dkt. No. 54.) Pursuant to status reports filed in June 2010 (Dkt. Nos. 210, 211), the parties disputed the continued viability of this case and whether plaintiff should be permitted to file a comprehensive Fourth Amended and Supplemental Complaint. This court ordered additional briefing (Dkt. No. 213), pursuant to which plaintiff submitted a proposed Fourth Amended and Supplemental Complaint and supporting motion; defendants filed an opposition; plaintiff filed a reply. (Dkt. Nos. 214-16.) The court has determined that a hearing is not necessary to render a decision on these matters and, for the reasons that follow, concludes that plaintiff shall be permitted to file only a Second Supplemental Pleading.
Defendants contend generally that this action warrants dismissal for mootness because plaintiff seeks only equitable and declaratory relief against the named defendants in their official capacities, each defendant has now retired, and plaintiff is unable to demonstrate a continuation of the alleged unconstitutional conduct by defendants' successors. Plaintiff responds that the alleged conduct he challenges continues, reflective of an ongoing policy, practice and/or custom by CMF officials, and, because plaintiff seeks only declaratory and equitable relief from defendants in their official capacities, these defendants' successors are automatically substituted as the current defendants in this action. Plaintiff nonetheless seeks to amend and supplement his complaint for the purpose of substituting as defendants the current CMF Warden and Chief Deputy Warden, as well as to set forth additional evidence of alleged retaliatory conduct and its alleged chilling effect on plaintiff's exercise of his First Amendment rights, and to add a prayer for attorney's fees. Defendants respond that plaintiff's proposals would improperly add new claims to this case and may require this court's abstention pending resolution of plaintiff's current state court litigation.
Amendment of the operative complaint is not required to substitute the defendants plaintiff now seeks to name, specifically CMF Warden K. Dickinson, and CMF Chief Deputy Warden V. Singh. (Dkt. No. 214, at 4, 214-1, at 1, 2.) Because the originally-named defendants were sued only in their official capacities for declaratory and injunctive relief, and the newly-identified individuals are successors in the official capacities held by the named defendants, the current Warden and Deputy Warden are already parties to this action. See Fed. R. Civ. P. 25(d)(1) (successor of public officer defendant named in his official capacity is automatically substituted as a party).*fn2 The Clerk of Court will be directed to amend the docket accordingly.
Nor is amendment (rather than supplement) of the operative complaint required to set forth the additional evidence proposed by plaintiff. While the proposed Fourth Amended and Supplemental Complaint is more current and concise than the currently operative Third Amended Complaint and Supplemental Pleading (largely because it does not reference defendants who have been dismissed from this action or their alleged conduct),*fn3 the operative pleadings have survived defendants' motion to dismiss (Dkt. Nos. 87, 90), and motion for summary judgment (Dkt. Nos. 205, 206).
Plaintiff summarizes as follows the new allegations he seeks to add (Dkt. No. 214, at 3-4) (original fn. omitted):
that: Cry sought to have [plaintiff] transferred because of his "focus on litigation" (paragraph 19);*fn4 an additional implicit threat was made against [plaintiff] (paragraph 22);*fn5 and that prison officials still have not admitted any violation of [plaintiff's] First Amendment rights (paragraph 23).*fn6
Plaintiff concedes that "[a]lthough such allegations are not strictly necessary to make this evidence admissible to support Brodheim's claims for declaratory and injunctive relief, as this Court has previously found [citing Dkt. No. 98],*fn7 Brodheim believes that the addition of these allegations in the complaint will foster judicial economy by clarifying the issues for trial." (Dkt. No. 214, at 4 (fn. omitted).)
These new factual allegations come squarely within the purpose of a supplemental (rather than amended) complaint. "Rule 15(d) [Federal Rules of Civil Procedure] provides that a court may permit a party to serve a supplemental pleading setting forth transactions, occurrences, or events that have happened since the filing of the pleading to be supplemented, thereby bringing the case up to date. Leave must be sought by motion, upon reasonable notice to the other parties, and the court may impose such terms as are just. The purpose of subdivision (d) is to promote as complete an adjudication of the dispute between the parties as is possible." Wright, Miller, Kane & Marcus, 6A Fed. Prac. & Proc. Civ. § 1504 (2d ed. 2010). "While leave to permit supplemental pleadings is favored, it cannot be used to introduce a separate, distinct and new cause of action. See Planned Parenthood of So. Arizona v. Neely, 130 F.3d 400, 402 (9th Cir. 1997). Matters newly alleged in a supplemental complaint must have some relation to the claims set forth in the original pleading. See Keith v. Volpe, 858 F.2d 467, 474 (9th Cir.1988)." Estrada v. Rowe, 2010 WL 957120, *1 (N.D. Cal. 2010).
As plaintiff concedes, the newly proposed allegations are intended to add "no new claims," or "change the scope of the trial," but only "provide evidence of a continuation of [retaliatory] conduct by policy-making prison authorities," that is, "additional evidence of a custom or policy" allegedly demonstrating "retaliation by prison officials occurring since the last complaint was filed." (Dkt. No. 216, at 1-2.)*fn8 These statements support the presentation of plaintiff's additional factual allegations in a supplemental rather than amended complaint.
Authorizing only modest supplementation of the current pleadings also minimizes any possibility of conflict presented by plaintiff's separate state court action filed against, inter alia, Warden Dickinson. (See Opposition, Exh. A. (Brodheim v. Sanchez et al., Solano County Superior Court, Case No. FCS034441, "First Amended Complaint for Damages, Declaratory and Injunctive Relief.") In that action, filed in 2009, plaintiff seeks reinstatement to his work assignment at the prison law library. Plaintiff, a Caucasian and college graduate, alleges that he began working at the library in late 2000, receiving average to exceptional ratings, but was terminated in November 2008, allegedly due primarily to the racial animus of defendant Sanchez, who was assigned to the library in July 2008. Plaintiff filed a staff complaint against Sanchez in January 2009, and thereafter filed government tort claims against Sanchez and Dickinson. Plaintiff alleges in his state action that he was removed from his position based primarily upon "impermissible racial factors," but also because of plaintiff's "litigation activities," and his legal claims, which emphasize an alleged denial of equal protection, include the alleged violation of plaintiff's First Amendment right to seek redress of grievances and plaintiff's rights under the Bane Civil Rights Act. (Id., Dkt. No. 215-1, at 8.)
In addition to any potential conflict created by the same claims against Dickinson in plaintiff's state and federal actions, the court perceives an inconsistency in plaintiff's allegations against Sanchez in the state action and plaintiff's proposed allegations against Sanchez in this litigation. Plaintiff seeks to add in the instant case the report of another inmate that Sanchez sought to terminate plaintiff "because Brodheim was engaged in litigation against a prison official." (Proposed Fourth Amended Complaint, at ¶ 22 (see n.4, supra).) However, plaintiff's allegations against Sanchez in the state action focus on Sanchez' alleged racial animus toward plaintiff. This dichotomy regarding Sanchez' primary motivation (and thus the alleged basis for Dickinson's authorization of plaintiff's removal from the library), as well as the parties' current disagreement (no motion has been filed) whether this action should be stayed pending resolution of plaintiff's state court action, supports a cautious approach toward amendment of plaintiff's federal complaint.
For the foregoing reasons, this court finds it prudent to proceed conservatively on the operative pleadings, permitting only limited supplemental pleading, and thereby maintaining the existing separation between plaintiff's primary alleged facts and the alleged events occurring subsequent thereto. Authorizing the filing of only a supplemental pleading will cause limited delay in this action, and minimal costs, and cannot reasonably be construed as prejudicial to defendants. Fed. R. Civ. P. 15(d).
This approach will also accommodate plaintiff's request to amend his complaint to expressly seek attorney's fees and costs. Plaintiff represented himself without counsel throughout most of this litigation; he obtained legal representation while this case was on appeal to the Ninth Circuit, and continues to rely on counsel on remand. Defendants do not challenge plaintiff's right to seek attorney's fees and costs.*fn9 This right has already been preserved by plaintiff's general request for "such further relief that the Court may deem just and proper" (Third Amended Complaint, at 11), and the rule that this court generally retains jurisdiction to make such an award, even if not expressly plead, see, e.g., Covenant Media of CA, L.L.C. v. City of Huntington Park, CA, 434 F. Supp.2d 785, 786 n. 1 (C.D. Cal. 2006) (federal court proceeded on determination by state trial court that the intent to seek attorney's fees need not be expressly plead because "incidental" to the underlying cause of action). Nonetheless, plaintiff may plead such relief in a supplemental complaint. See, e.g., Morscott, Inc. v. City of Cleveland, 936 F.2d 271, 273 (6th Cir. 1991); Universal Amusement Co., Inc. v. Hofheinz, 616 F.2d 202 (5th Cir. 1980).
For these several reasons, IT IS HEREBY ORDERED that:
1. Plaintiff's motion (Dkt. No. 214) to file a comprehensive Fourth Amended and Supplemental Complaint is denied;
2. Plaintiff shall, pursuant to the deadlines set forth in the Further Scheduling Order filed concurrently with this order, file a Second Supplemental Pleading limited to allegations of any additional events, relevant to plaintiff's presently existing claims, which occurred subsequent to the filing of plaintiff's Third Amended and Supplemental Complaint.
3. Defendants may file a supplemental responsive pleading, the parties may conduct limited discovery, and defendant may file a dispositive motion, pursuant to the deadlines and limitations set forth in the Further Scheduling Order filed concurrently herewith.
4. The Clerk of Court is directed to amend the docket to reflect that CMF Warden K. Dickinson is substituted as defendant in place of former CMF Warden Ana Ramirez-Palmer, and CMF Chief Deputy Warden V. Singh is substituted as defendant in place of former CMF Chief Deputy Warden J. Valadez.
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Fri, 9 Dec, 2016, 2:19 PM EST - Canadian Markets close in 1 hr 41 mins
By Jessica Toonkel and Kate Holton NEW YORK/LONDON (Reuters) - Rupert Murdoch's Twenty-First Century Fox Inc has proposed buying the 61 percent of British pay-TV firm Sky Plc it does not already own for around $14 billion, five years after a … More »
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Russia plans to meet with some OPEC and non-OPEC nations on Friday to discuss unresolved issues related to a planned oil-output cut before wider talks the following day in Vienna, a Russian government source told Reuters. Russia has committed to … More »
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In this Thursday, July 17, 2014 file photo, people walk amongst the debris at the crash site of a passenger plane near the village of Grabove, Ukraine (AP Photo)
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You purchased this item onView this order
Fifty 50, Low Glycemic, Assorted Hard Candy, Sugar Free, 2.75 oz (78 g)
- You earn loyalty credit for every order you place at iHerb!
- Loyalty credit is equal to 10% of the value of your order, excluding shipping charges.
- Your loyalty credit will be applied towards your next order as soon as your current order has shipped.
- Your loyalty credits are valid for up to 60 days from the date of your last purchase.
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Expiration Date:?Feb 2019Expiration Date
The length of time for the expiration date or "best used before" date depends on the type of product, as well as the brand.
Perishable items (such as flax oils or certain probiotics) generally have shorter expiration dates. Although our warehouse is fully air-conditioned, these more fragile items are put in cold storage (freezer or refrigeration unit) for maximum freshness.
Our receiving department does its best to verify and then enter the correct expiration dates for all incoming products. However, discrepancies do occur from time to time. This being said, the exceptionally high turnover at iHerb ensures that our inventory is among the freshest in the industry.
Shipping Weight:?0.24 lbs (0.11 kg)Shipping WeightThe Shipping Weight includes the product, protective packaging material and the actual shipping box. In addition, the Shipping Weight may be adjusted for the Dimensional Weight (e.g. length, width & height) of a package. It is important to note that certain types of products (e.g. glass containers, liquids, fragile, refrigerated or ice packed) will often require protective packaging material. As such, these products will reflect a higher Shipping Weight compared to the unprotected product.
- Product Code: FFT-00355
- UPC Code: 031919003554
- Package Quantity: 2.75 oz (78 g)
- Dimensions: 1 x 4.5 x 3.5 in, 0.2 lbs (0.09 kg)
|Combo Discount:
|- $3.00
- 50% Fewer Calories than Sugar Hard Candy
- Artificial Flavor
- For Use in a Low Glycemic Diet
Fifty 50 Hard Candy contains 30 calories per 15 g serving. Sugar Hard Candy contains 60 calories per 15 g serving.
Assorted Fruit:
- Cherry
- Lemon
- Grape
- Orange
- Raspberry
Other Ingredients
Isomalt, malic acid, citric acid, acesulfame potassium, natural and artificial flavors, FD&C red #40, FD&C yellow #6, FD&C yellow #5, FD&C blue #1.
Manufactured in a facility that processes peanuts.
Cannot be used to counteract an insulin reaction. Excess consumption may have a laxative effect.
|Supplement Facts
|Serving Size: 4 Pieces (15 g)
|Servings Per Container: About 5
|Amount Per Serving
|% Daily Value*
|Calories from Fat
|Total Fat
|0 g
|Saturated Fat
|0 g
|0 mg
|Total Carbohydrate
|14 g
|0 g
|Sugar Alcohol
|14 g
|0 g
|Not a significant source of calories from fat, saturated fat, trans fat, cholesterol, dietary fiber, vitamin A, vitamin C, calcium and iron.
*Percent Daily Values are based on a 2,000 calorie diet.
The yellow ones (lemon) are tasty. The orange ones aren't bad. The red ones, which could be cherry or raspberry are a bit odd but pleasant and the purple (grape) are are tying for my favourite with the lemon ones. Nice change of flavours for sugar-free sweets and, thankfully, no sorbitol or aspartame.
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Posted by 5303496674684706015 on Dec 08, 2016
Taste artificial , i only had one or two
Curbs cravings
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Good candy
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Tastes like regular candy, would purchase again
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Perfect pieces for a sweet treat!
Plastic wire kind of thing
Posted by 5087366855098806098 on Feb 29, 2016
i'm a huge fan on this candy but on my recent purchase in one of the candy there's this plastic strand or some another kind of material stuck in the candy while i'm eating, really hope that fitfty 50 can reply.


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Cause Areas
WhenIt's flexible! We'll work with your schedule.
WhereThis is a Virtual Opportunity, with no fixed address.
Preserve nature for generations to come.
Our Organization is on the look out for an attorney who can advise us in connection with business transactions by helping us structure and negotiate them by drafting transactional documents and preparing and submitting materials to the government. This candidate should be able to perform legal research, be able to draft a variety of legal documents including contracts, resolutions, and legal opinions.
Good Match For
Requirements & Commitment
-
This candidate should have a 4 year under graduate degree and 3 years of law school. The individual should also pass a bar exam for the state of Arkansas so that he can practice it in that state.

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Neighbours Round Up November 28, 2007
Adam has decided to do some private investigation of the Gus Cleary case, to Paul's grim satisfaction. Elle manages to unearth Gus's sister's address and Paul sets off to face the family of the man he believes he murdered…
But Elle got the address from the newspaper office and Brad is soon on the case with an article about an 'anonymous' man having confessed to Gus's murder without being charged, which shocks Ramsay Street – and outrages Elle.
Oliver is served a writ from his AWOL brother Sebastian/Will contesting his stake in the Barnes empire. Oliver vows he'd rather sell everything but Tim freezes his assets.
Important pre-exam test results are in, and the news is bad for Declan and Ringo. Rachel begs Ringo to believe in himself, encouraging him to study, but Ringo has an easier solution – he steals an exam paper.
Declan and Bridget continue to challenge each other Ð it must be love – but it could all end in tears when they go for a joy-ride.
Adam defends Pepper against his partner Sophie's snipes. Impressed, Sophie secretly longs for a relationship like Pepper and Adam's. But Pepper is beginning to feel threatened by Sophie, and at her dinner party Pepper's insecurities peak when she thinks Sophie is flirting with Adam.
Mickey's down-hearted and Ned fears his son may be missing Kirsten, but Lou discovers the problem is a lot simpler than that.
An awestruck Miranda is tongue-tied when she organises a book launch for her culinary hero, Tony Aristedes. The launch is a success and in return, Miranda asks Tony to help Steph impress fellow councillors. Toadie decides it's time to take the next step in his relationship and, unbeknownst to Steph, he invites their friends to Charlie's for a very big announcement.


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Photo Of FSU Star Travis Rudolph Eating Lunch With Boy With Autism Goes Viral….Boy's Mom Speaks Out! (Video)
Check out this heart-felt story about how Florida State University star wide receiver Travis Rudolph took some time out of his day to have lunch with a middle school boy with autism who normally eats alone.
Travis and few other FSU teamates were visiting a middle school on Tuesday afternoon when he spotted a student named Bo Paske sitting by himself, so he walked over and decided to enjoy a few slices of pizza with the boy. Little did Rudolph know why the child was sitting alone, nor the impact his simple, kind and thoughtful action would have on the boy's mother.
Watch the video below for more on this heart-felt story.
Here'a a video on Travis Rudolph, Bo and Leah Paske together…


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THE BRONX - Select Bus Service may soon be rolling along Webster Avenue.
The city's Department of Transportation is working with the MTA to bring the service to the Bx41 line. The project is intended to increase bus speed and reliability, as well as improve traffic and pedestrian safety.
A public meeting was held at the Icahn Charter School to hear public feedback on the proposal before the MTA creates its final plan for the bus line.


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EDISON - New Jersey saw a day of beautiful sunshine Tuesday, but temperatures made it seem as if it was a sunny winter's day instead of early spring.
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Thursday is expected to see off-and-on rain showers with periods of clouds. Temperatures may warm into the low-60s.


text: A Colossal Jeremy Clarkson Head Is Roaming America, Possibly Demanding SacrificesJason TorchinskyTuesday 2:41pm14240EditPromoteGo to permalinkA number of drivers in Washington State have noticed something guaranteed to strike awe and fear into any mortal: a massive sculpted head of Jeremy Clarkson, strapped to the back of a truck, staring out over the world and silently judging. Plotting. Preparing for the coming of the Great Cleansing.


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Mix the cheeses together, add the onion and the cranberries. Spread on a tortilla, roll up tightly and cut into pieces.
By craftychrissy from Oshkosh, WI
I think this recipe sounds fantastic. I assume the Cream cheese is 8 oz., but could you please tell me how much feta cheese you are using and how much Green Onion and Cranberries. Also, how many tortilla rollups does this generally make? coud you please email me?
sandrajy @ sbcglobal . net
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text:
Refraction of surface gravity waves by shear waves
Henderson, Stephen M.
Guza, R. T.
Elgar, Steve
Herbers, T. H. C.
MetadataShow full item record
Citable URIhttp://hdl.handle.net/1912/4220
As publishedhttps://doi.org/10.1175/JPO2890.1
Previous field observations indicate that the directional spread of swell-frequency (nominally 0.1 Hz) surface gravity waves increases during shoreward propagation across the surf zone. This directional broadening contrasts with the narrowing observed seaward of the surf zone and predicted by Snell's law for bathymetric refraction. Field-observed broadening was predicted by a new model for refraction of swell by lower-frequency (nominally 0.01 Hz) current and elevation fluctuations. The observations and the model suggest that refraction by the cross-shore currents of energetic shear waves contributed substantially to the observed broadening.
Author Posting. © American Meteorological Society, 2006. This article is posted here by permission of American Meteorological Society for personal use, not for redistribution. The definitive version was published in Journal of Physical Oceanography 36 (2006): 629-635, doi:10.1175/JPO2890.1.


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Qualtech HSS Taper Length Drill Bit
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- Features
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2010 Clifford Bay Sauvignon Blanc
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- Cellar Drink Now - 2 years (2011-2013)
- Closure: Screw Cap
Brilliant very pale straw colour with distinct greenish tinge and watery hue. The nose displays pronounced herbaceous gooseberry and passionfruit aromas followed by some green apple and citrus notes. Good concentration with mouthfilling palate flavours of herbaceous gooseberry and passionfruit followed by some citrus and mineral. Clean crisp finish with long gooseberry, passionfruit and citrus aftertaste.
Drink over 2 years (2011-2013).
Alc 13.5%


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As reported here on TheRanchReport.com for the last 48 hours, the Dallas Cowboys are in a good position to sign free agent wide receiver Javon Walker.
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UPDATE: The Latest on Javon Walker
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The Bossip Man-Banger List: Counting Down The Best Hard-Bodied Hollyweird Men In The Game…And Guess Who's Our Number One..
People magazine named Channing Tatum number one…now see who tops our list!
Bossip Lists The Hottest Men In Hollywood
People magazine recently named Hollyweird man-banger Channing Tatum the "saaxiest" man alive.
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Here's What Happened When Kanye Fired Shots At Beyonce...


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United States District Court, S.D. New York
August 8, 2014
CAR-FRESHNER CORPORATION and JULIUS SAMANN LTD., Plaintiffs,v.D & J DISTRIBUTING AND MANUFACTURING, INC. d/b/a EXOTICA FRESHENERS CO., Defendant.
P. KEVIN CASTEL, District Judge.
Plaintiffs Car-Freshner Corporation and Julius Samann Ltd. move to dismiss the Amended Counterclaims (the "Counterclaims") of defendant D&J Distributing and Manufacturing, Inc. d/b/a Exotica Fresheners Co. ("D&J") pursuant to Rule 12(b)(6), Fed.R.Civ.P. (Docket # 27.) The parties manufacture and sell tree-shaped air fresheners that are commonly used in automobiles. Plaintiffs sell air fresheners in the shape of fir trees, while D&J's air fresheners are in the shape of fattened palm trees. The packaging included in the parties' trade dress prominently features the color yellow.
Plaintiffs allege that D&J has unlawfully copied the designs of their tree-shaped product lines and their packaging's trade dress, and argue that D&J's counterclaims are "retaliatory" and "demonstrably false, incoherent, or irrelevant." (Pl. Mem. at 2.) The parties' respective claims and counterclaims assert infringement and dilution of trademark and trade dress under the Lanham Act and New York law.
For the reasons explained, the plaintiffs' motion to dismiss D&J's counterclaims is granted as to the alleged violation of New York General Business Law section 349, but denied in all other respects.
This action commenced on January 22, 2014, when plaintiffs filed a complaint alleging that D&J infringed their trademarks and trade dress under the Lanham Act, 15 U.S.C. §§ 1114 & 1125, and violated New York's General Business Law and common law. (Docket # 1.) Plaintiffs manufacture and sell "Little Trees" brand air fresheners, which are designed in the shape of a fir tree. (Compl't ¶¶ 7-8.) D&J manufactures and distributes "Exotica" brand air fresheners designed in the shape of a palm tree. (Compl't ¶ 36.) According to the plaintiffs, D&J's products copy the plaintiffs' distinctive packaging, color shades and product names. (Compl't ¶¶ 27-40.) By way of one example, plaintiffs sell a product in the shape of a fir tree featuring an American flag design under the name "Vanilla Pride"; D&J sells a product in the shape of a palm tree featuring an American flag design under the name "Flag Vanilla." (Compl't ¶ 37.) The "Exotica" and "Little Trees" air fresheners are sold in a trade dress that prominently features the color yellow in its packaging. (Compl't ¶ 36.)
D&J filed an Answer and Counterclaim on February 13, 2014. (Docket # 9.) On April 4, 2014, it filed an Amended Answer & Amended Counterclaims. (Docket # 21.) In its Counterclaims, D&J contends that it has registered several uncontestable "Exotica" trademarks, and also owns common law trademarks for its products' designs and packaging. (Counterclaims ¶¶ 6-7.) It attaches as an exhibit evidence of its "Exotica" trademark registrations. (Counterclaims Ex. A.) D&J asserts four counterclaims: 1.) infringement of trademark and trade dress, and unfair competition, under the Lanham Act, 15 U.S.C. § 1125; 2.) deceptive trade practices in violation of New York General Business Law section 349; 3.) trade dress dilution under New York General Business Law section 360- l ; and 4.) unfair competition under New York common law. (Counterclaim ¶¶ 1-53.) These four counterclaims mirror the causes of action asserted in the plaintiffs' Complaint. (Compl't ¶¶ 47-66.)
Plaintiffs filed their motion to dismiss the counterclaims on May 12, 2014. (Docket # 27.) They assert that they have engaged in a series of disputes with D&J since 1995, including plaintiffs' allegedly successful demands that D&J alter its packaging, and a 2011 lawsuit in the Northern District of New York, Car-Freshner Corp., et al. v. D & J Distributing & Manufacturing Inc., 11 Civ. 617 (N.D.N.Y.) (NAM), which ended in a consent judgment wherein D&J agreed to alter certain marks. (Pl. Mem. at 3-4; Compl't ¶¶ 28-34.) According to the plaintiffs, during that prior litigation, D&J was already in the process of altering its packaging to a design similar to that of the plaintiffs. (Compl't ¶ 37.)
RULE 12(b)(6) STANDARD.
To survive a motion to dismiss under Rule 12(b)(6), "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 US. 544, 570 (2007)). "[L]abels and conclusions' or a formulaic recitation of the elements of a cause of action will not do.'" Id . (quoting Twombly , 550 U.S. at 555). A plaintiff must plead "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id . Hence, although "detailed factual allegations'" are not necessary in order to state a claim, id. (quoting Twombly , 550 U.S. at 555), in order to satisfy Rule 8, Fed. R. Civ. P., a complaint must still set forth "sufficient information to permit the defendant to have a fair understanding of what the plaintiff is complaining about and to know whether there is a legal basis for recovery." Kittat v. Kornstein , 230 F.3d 531, 541 (2d Cir. 2000). There is no heightened pleading requirement for a Lanham Act claim. See, e.g., Wellnx Life Sciences Inc. v. Iovate Health Servs. Research Inc. , 516 F.Supp.2d 270, 283 n.2 (S.D.N.Y. 2007) (collecting cases).
"In adjudicating a motion to dismiss, a court may consider only the complaint, any written instrument attached to the complaint as an exhibit, any statements or documents incorporated in it by reference, and any document upon which the complaint heavily relies." In re Thelen LLP , 736 F.3d 213, 219 (2d Cir. 2013). If a motion to dismiss relies on "matters outside the pleadings, " the Court may convert a motion to dismiss into a motion for summary judgment under Rule 56, Fed.R.Civ.P. See Rule 12(d), Fed. R. Civ. P.; Parada v. Banco Industrial De Venezuela, C.A. , 753 F.3d 62, 67-68 (2d Cir. 2014).
I. The Counterclaims Adequately Identify the Disputed Marks and Trade Dress.
Plaintiffs argue that D&J's counterclaims should be dismissed because D&J has not adequately alleged the existence and ownership of its trade dress or trademarks. To state a trademark infringement claim, a plaintiff must allege that "(1) it has a valid mark that is entitled to protection under the Lanham Act; and that (2) the defendant used the mark, (3) in commerce, (4) in connection with the sale... or advertising of goods or services, ' (5) without the plaintiff's consent." 1-800 Contacts, Inc. v. WhenU.Com, Inc. , 414 F.3d 400, 407 (2d Cir. 2005) (quoting 15 U.S.C. § 1114(1)(a)). When a plaintiff alleges that trade dress has been infringed under the Lanham Act, the plaintiff must "articulate the dress." Yurman Design, Inc. v. PAJ, Inc. , 262 F.3d 101, 114 (2d Cir. 2001). Trade dress may encompass the design and configuration of a product, as well as its packaging. Id. at 114.
Here, the Counterclaims provide plaintiffs with sufficient notice of D&J's claims, including the disputed trademarks and trade dress. They therefore satisfy Rule 8, Fed.R.Civ.P. The Counterclaims are set forth in D&J's Answer, and incorporate the Answer by reference. (Counterclaims ¶ 1.) "A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion." Rule 10(c), Fed.R.Civ.P. "Pleadings must be construed so as to do justice." Rule 8(e), Fed. R. Civ. P.
The plaintiffs' argument that D&J has not provided adequate notice of the disputed marks and trade dress is unavailing. D&J's Answer is filed in response to plaintiffs' own claims of trademark infringement and trade dress infringement. Plaintiffs' complaint sets forth allegations as to D&J's trademarks and trade dress. This includes a side-by-side comparison of eight different examples of the plaintiffs' "Little Trees" product line and D&J's own "Exotica" product line. (Compl't ¶¶ 36-37.) D&J asserts that it has a decades-long history of using the Exotica mark, and the plaintiffs only recently altered their own product line "to mimic" D&J's design. (Counterclaims ¶¶ 8, 16.) Moreover, D&J's Counterclaims have attached, at Exhibit A, printouts of D&J's trademark registrations from the website for the United States Patent and Trademark Office. (Counterclaims Ex. A.) The exhibit reflects that D&J has registered five "Exotica" trademarks (two of which are now classified as either dead or abandoned) that D&J uses in its air deodorizers, including an "Exotica" trademark for a design in the shape of a fattened palm tree. (Id.) These are the same "Exotica" marks that the plaintiffs contend violate their own "Little Trees" marks.
The Counterclaims and its exhibit showing ownership of the "Exotica" marks, when viewed in light of the Answer and the Complaint, adequately allege D&J's ownership of protected trademarks and identify the trademarks and trade dress used in the "Exotica" line. While the Counterclaims do not identify by name the plaintiffs' "Little Tree" marks, it is apparent from the text of the Answer and the Complaint that the parties dispute whether each has infringed the others' respective "Exotica" and "Little Trees" marks and trade dress.
To the extent that plaintiffs dispute D&J's allegations about the history of the parties' marks and trade dress, they raise factual issues beyond the four corners of the pleadings. (See Pl. Mem. at 12-14.) The Declaration of Leah Waite-Holland, identified as a legal coordinator for Car-Freshner, describes the historical evolution of the "Little Trees" packaging and D&J's purported efforts to mimic that packaging. (Waite-Holland Dec. ¶¶ 3-7, 12-17.) It asserts that Car-Freshner has not used an "Exotica" mark with a palm tree design and has not copied D&J's packaging. (Waite-Holland Dec. ¶¶ 9-10.) These factual assertions go well beyond the pleadings and any documents integral thereto. See generally In re Thelen LLP , 736 F.3d at 219. They are more appropriately considered after the close of discovery, and the Court declines to convert this Rule 12(b)(6) motion one for summary judgment.
The Court therefore concludes that the Counterclaims have adequately alleged and identified the parties' disputed marks and trade dress, and plaintiffs' motion to dismiss the Lanham Act claims is denied.
II. The Counterclaims Adequately Allege a Violation of New York General Business Law Section 360- l and State a Claim of Unfair Competition.
The standards for trademark infringement and dilution under New York's common law of unfair competition "are essentially the same as" under the Lanham Act. Kensington Pub. Corp. v. Gutierrez , 2009 WL 4277080, at *7 (S.D.N.Y. Nov. 10, 2009) (Swain, J.) (quotation marks omitted). Lanham Act claims of trademark and trade dress dilution have generally been subject to a "more stringent" standard than claims under New York's anti-dilution statute, General Business Law section 360- l, because the New York standard has always required "a mere likelihood of dilution.'" Louis Vuitton Malletier v. Dooney & Bourke, Inc. , 454 F.3d 108, 119 (2d Cir. 2006). By contrast, prior to the amendments of the Trademark Dilution Revision Act of 2006, the Lanham Act required evidence of actual dilution. Id . Unlike the Lanham Act, Section 360- l also does not require that a mark be "famous" in order to be protected from dilution. Tiffany (NJ) Inc. v. eBay Inc. , 600 F.3d 93, 111 (2d Cir. 2010).
Plaintiffs move to dismiss D&J's claims under New York common law and section 360- l on the same basis that they move to dismiss the federal Lanham Act claim. They contend that the Counterclaims do not sufficiently identify the disputed marks or trade dress, or plausibly allege infringing activity. However, for the reasons explained as to the Lanham Act claim, D&J also states a claim for relief under section 360- l and the New York common law of unfair competition. Plaintiffs' motion to dismiss is therefore denied as to these claims.
III. D&J's Claim under New York General Business Law Section 349 Is Dismissed.
D&J also contends that the plaintiffs' unauthorized use of D&J's trade dress has resulted in consumer confusion, and therefore has violated New York General Business Law section 349. New York General Business Law section 349 "is directed at wrongs against the consuming public." Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank , 85 N.Y.2d 20, 24 (1995). To state a claim under section 349, a plaintiff must allege conduct directed toward consumers, and allege that this consumer-oriented conduct was "deceptive or misleading in a material way and that plaintiff has been injured by reason thereof." Id. at 25. "[T]he majority view in this circuit is that trademark infringement claims are not cognizable under section[] 349... unless there is a specific and substantial injury to the public interest over and above ordinary trademark infringement or dilution." Coach, Inc. v. Horizon Trading USA Inc. , 908 F.Supp.2d 426, 435 (S.D.N.Y. 2012) (Engelmayer, J.) (quotation marks and ellipsis omitted) (collecting cases); accord L'Oreal USA, Inc. v. Trend Beauty Corp., 2013 WL 4400532, at *22 (S.D.N.Y. Aug. 15, 2013) (Abrams, J.). The same requirement of additional injury to the public applies to section 349 claims that involve trade dress infringement. See, e.g., Bodum USA, Inc. v. Palm Restaurant, Inc., 2012 WL 4857563 (S.D.N.Y. Oct. 10, 2012) (Forrest, J.).
The Counterclaims do not identify an injury to the public interest, aside from the type of injury that arises from ordinary trade dress infringement or dilution. Instead, D&J alleges that that the plaintiffs have used D&J's trade dress without authorization, therefore causing consumer confusion and violating section 349. (Counterclaims ¶ 40 (alleging consumer confusion based on unauthorized use of trade dress); ¶ 42 (alleging trade dress infringement and dilution of trade dress). These allegations are no different than the injuries that would allegedly occur as a result of any acts of dilution and infringement, and do not make out a claim under New York General Business Law section 349. See Coach, Inc. , 908 F.Supp.2d at 435; Bodum, 2012 WL 4857563.
Plaintiffs' motion is therefore granted as to D&J's claim under General Business Law section 349.
The plaintiffs' motion to dismiss D&J's Counterclaims is GRANTED as to the claim alleging a violation of New York General Business Law section 349, but is otherwise DENIED. The Clerk is directed to terminate the motion. (Docket # 27.)
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This large Luxurious and charming Colonial is located on the beautiful Community of Ravens Claw. Built o y 4 years ago, this home has all the amenities one could ever ask for. You enter this home thru the central foyer entrance with a 15 ceiling and 2nd fl staircase. Just down this main hallway is a centrally located powder room. To the right is a ample sized room currently being used as a professional office study. To the right is a formal sitting room perfect for relaxing evenings. Toward the rear of the home you are greeted by the gorgeous...
kitchen which is brightly lit as a result of the large windows. The sliding glass doors lead to the rear of the home where there is access to the large deck. The kitchen has a center island with stove top cooking, stai ess steel appliances throughout oven, microwave, fridge, dishwasher, etc, and granite counter-top with an under-mount sink. Adjacent to this room is a large living room featuring a fireplace. Opposite to this room is the formal dining room. On this level you have access to the garage 2 car laundry room. Upstairs there are three large bedrooms located to the right side of the house is a 3-piece bathroom featuring ceramic tiles throughout. Last but not least is the HUGE Master bedroom with a private sitting area, walk-in closet, and private master bathroom which has been fully redone to feature all marble, double vessel sinks, a jacuzzi tub, a shower with double with his her heads and a built-in marble seat. Finally, the basement has been completely finished to feature a game room, theatre, and plenty of storage. Come see the beautiful rental TODAY and see your next home.
|Rental Fee
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|3,396 sq. ft.
|Pets Allowed
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1 Year Lease
Single-family home located at Rupert Rd in Pottstown, PA 19464 has 4 beds, 2.5 baths, 3,396 square feet, pet friendly and available to rent for $2,500. Rupert Rd was listed on RentalSource 58 days ago by Dan Roy. Rupert Rd is in zip code 19464 which is located in Pottstown, PA. The rental price of $2,500 is 107% higher than the average rental price of $1,211 for homes for rent in 19464 and 79% higher than the average rental price of $1,398 for homes for rent in Pottstown, PA.Report listing | Visit website
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Cool Planet is a technology company innovating to change the world for good, and we are excited to share our story. Browse through our latest press releases and news – or get in touch to join the conversation.
October 2, 2016
Soil: Our Most Precious Resource
April 11, 2016
Cool Planet partners with J.R. Simplot to distribute Cool Terra
March 14, 2016
Cool Planet signs distribution agreement with Triangle Chemical Company
Press Releases
September 22, 2016
Cool Planet raises an additional $9 million in first close of new financing to improve soil health through its Cool Terra Engineered Biocarbon
September 21, 2016
Cool Planet promotes long-time ag industry leader Jim Loar to president & CEO
June 10, 2016
Larry Wanken, long-time BASF Ag industry vet, joins Cool Planet to manage key accounts


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Check in from 2:00 PM / Check out prior to 11:00 AM
Hotel Goldener Greif: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Kitzbuhel, Austria.
Within 20 minutes' stroll from Kitzbuehel Railway Station, Hotel Goldener Greif offers guests an ideal base when in Kitzbuhel. It also provides a sauna, massage services and a steam bath.
Hotel description
Hotel Goldener Greif Kitzbuhel provides spacious rooms equipped with a hair dryer, cable/satellite channels and a mini bar. They each feature heating, an in-room closet and a private bathroom.
A satisfying breakfast is available for purchase, and there are numerous cafés and eateries close by. For those on the move, the hotel offers packed lunches if required.
Kitzbuhel's well-known attractions are within close proximity to Hotel Goldener Greif, with Casino Kitzbuhel just steps away. Hahnenkamm is within a short car ride from the hotel.
Hotel features
Room Service, Mini Bar, Cable / Satellite TV, Hair Dryer, TV, En suite, Private Bathroom
Elevator / Lift, Currency Exchange, Safe-Deposit Box, Bicycle Rental, Photocopier, Luggage Storage, Designated Smoking Area, Self Laundry
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Thank You, God!
A Year of Blessings and Prayers for Little Ones
By (author) N/A
Illustrated by Sophie Allsopp
Format: Hardback
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Thank You, God! by N/A
Book DescriptionA book of letters from children to God with 10 real pull-out mini letters written in a child's voice. The letters are inside beautiful envelopes on every spread. Gorgeously illustrated prayers, poems, and psalms of thanksgiving from Ralph Waldo Emerson to William Canton are eloquent yet simple enough for every child. Featuring a padded cover embellished with elegant glitter, and this book is a lovely gift for Easter and all year around. This padded paper-over-board book includes 16 cardstock pages, 10 mini cards, and one full sized blank card for each reader to personalize.
Buy Thank You, God! book by N/A from Australia's Online Bookstore, Boomerang Books.
Book DetailsISBN: 9781416947547
Pages: 16
Imprint: Little Simon Inspirations
Publisher: Little Simon Inspirations
Publish Date: 1-Oct-2008
Country of Publication: United States
Books By Author N/A
Busy, Busy, Busy!, Paperback / softback (August 2016)
The animals in the forest are very busy to make beautiful repeating patterns with fruits and flowers, sounds, and colors. What are all these patterns for? Are they getting ready for a party?
Towering Brachiosaurus, Paperback / softback (August 2016)
Its colossal body, tall front legs, and long neck allowed Brachiosaurus to feast on food no other land-dwelling plant-eater could reach. Stretch up alongside Brachiosaurus and find out about other dinosaurs, too!
Spiky Stegosaurus, Paperback / softback (August 2016)
With its tank-like body, jagged plates, and spikes, Stegosaurus is one of best-loved dinosaurs. Read this book to discover more about it and other fascinating dinosaurs!
Fearsome Albertosaurus, Paperback / softback (August 2016)» View all books by N/A
With its huge head, rows of pointed teeth, and sharp claws, Albertosaurus was so scary. Tag along with a group of Albertosaurus on a hunt!
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text: I have no idea what's wrong, but all the sudden, Cydia won't open on me. It opens, then starts loading, crashes and goes back to the home screen. If it helps, Ive recently installed Categories, but removed them (not the program/app) and MakeItMine (which Ive already changed my carrier text back to normal too). What's wrong with my iPod/Cydia?? Help! (I've posted this in another section, but I think it was the wrong one, so I decided to post it here. My bad) Someone said to use Mobile Terminal to remove and add Cydia, but I don't have it. Isn't the only way of getting it through Cydia?


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As a freelance developer, you have the freedom to choose your projects, set your schedule, and potentially make a whole lot more than money than you did in your full-time gig. That's why even Google coders are turning in their fancy free shuttles and catered lunches in order to become independent contractors.
At the upper echelons of the freelance world, developers are raking in up to a thousand dollars an hour. They're circling the globe as they work, or they're staying put at home and finding whatever work-life balance makes them most productive. Whatever floats their boat.
The themes, plugins, and widgets are the stars when it comes to WordPress. They are the most common words we are hearing every day. I bet most of us know how to deal with plugins and widgets, but do we really know the thin difference that makes them separate tools?
If you ask me, I will say that plugins and widgets often work in the same way and sometimes I get stuck on choosing either a widget or a plugin to do a specific thing for me.
Designing is continually advancing and has turned to be very influential with year after year. This isn't going away anytime soon! Many design experts agree the fact that designing trends have changed the way that one could not have imagined.
One may see the continuation of retro "designspiration" from the 50's, 60's to 80's and 90's. This consistent development is part of what makes digital techniques and trends so fascinating to designers, business owners, and Internet aficionados.
One page design is a hot trend these days. Even though this is not a common trend to follow but still as the new design styles come up, and as more and more designers notice them and make use of them in their work, this kind of trends emerge.
Every year web design trends come and go, and it's necessary for designers to keep up with them in order to stay up-to-date. Designers see each others work, browse likes and comments, and draw conclusions. Although minor trends pop up all the time, we'll only talk about one of the major trends in this article: single page design.


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Windjammers versus Shipbuilders: Who will sink first?Camden Hills, Morse square off in June 11 postseason doubleheader
Rockport — For fans of Camden Hills lacrosse, regardless of whether it is boys or girls, should prepare for a playoff doubleheader festival fest as both Windjammer squads have earned regional postseason berths and will play the same opponent, the same day on the same field — albeit at different times.
The Windjammers, who both finished sixth, will play at third-ranked Morse of Bath in Eastern Class B quarterfinal playoff matches on Wednesday, June 11. The girls will play at 5 p.m. and the boys at 7 p.m.
The Windjammers are quite familiar with the Shipbuilders. During the regular season, the Windjammer boys lost to Morse 10-9 in a thrilling encounter, while the Camden Hills girls lost twice to the Shipbuilders, 14-7 and 15-10.
Come Wednesday, there should be plenty of goals scored and considerable up-and-down the field action.
In the Maine Principals' Association Heal Point Standings for Eastern Class B, Camden Hills (8-4, 63.1250 points) is sixth, while Maranacook/Winthrop (12-0, 155.0000 points) is first in the 12-team region. The top eight teams qualify for the playoffs.
Morse finished third at 9-3, with 87.6389 points.
The Morse/Camden Hills survivor will face the No. 2 Freeport (7-5) and No. 7 Oak Hill of Sabattus (4-8) winner in the semifinals.
In the Maine Principals' Association Heal Point Standings for Eastern Class B, Camden Hills (6-6, 29.1667 points) is sixth, while Yarmouth (10-2, 170.1389 points) is first in the nine-team region. The top six teams qualify for the playoffs.
Morse finished third at 10-2, with 97.2222 points.
The Morse/Camden Hills survivor will face No. 2 Freeport (10-2), which received a quarterfinal bye, in the semifinals.
Staff Profile
Sports Director
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Ken Waltz has been member of the media 30 years and has received hundreds of Maine Press Association and New England Press Association awards for his writing, photography and page design. He studied journalism at the University of Maine in Orono. He lives in South Thomaston with his wife, Sarah. The couple has an adult son, Brandon.
Recent Stories by Ken Waltz
Cold conditions greet festive participants in 'Reindeer Dash'Dec 05, 2016
Skowhegan slips past Camden Hills down stretchDec 03, 2016
Fanboy takes stock of 'my' New England pro sports teamsNov 30, 2016
Camden Hills hosts Ellsworth in controlled scrimmageNov 28, 2016
Gobble, gobble: Runners, walkers enjoy calorie-burn in 'Turkey Trot' 5KNov 25, 2016


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Second floor end unit in the luxurious Atlantic View Villas. Enjoy the ocean view, community pool and large hot tub, boardwalk to the ocean and convenient location in Hatteras Village. Private sundeck with furniture. Garden tub in master bathroom. Well maintained unit. 5% discount for repeat guests in Hatteras Sunset. → Read More
| 2 bedroom: K/2D 2 baths
| Jacuzzi 3 CTV (1 flat screen in Living room)
| 2 VCR Stereo w/ CD
| answering machine Baby equipped: crib & highchair Iron & board Deck access Linens provided Community Pool and Hot tub Beach access via boardwalk Full week rentals only
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Max's notes faithfull the brand 'about a girl' northern fall 2015 (australian spring 2015) simple shirt dress in simple navy and white stripe pattern. Slightly oversized with uneven lengths, covered button placket and pocket detail at front. Comes with self-fabric belt as per photo. Details colour: americana stripe (taupe white) (pictured) 100% rayon exclusive handmade print sizing model wearing size small true to size model's measurements are: height - 179cm, bust - 84cm, waist - 60cm, hips - 89cm


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Guest reviews
Overall rating
8.6 Excellent
based on 131 reviews
Good to know
"Great menu"
"Professional service"
"Train station is close"
"Room service is perfect"
data provided by TrustYou
Aananda Imperial, is located near the railway station & 1.5 kms from the bus stand, with a total of 70 tastefully appointed rooms to choose from. It is a business hotel spread out on 94000 sq feet area on Vyapar Vihar road with lush greenery all around. The hotel offers a host of modern comforts to ensure that its guests enjoy a luxurious accommodation on their business or leisure trip. There are two in-house multi-cuisine restaurants, Vilas & the Gourmet where guests can enjoy delicious meals. There is also a well-stocked bar called O'zone where guests can enjoy a range of cocktails and mocktails.


text:
Thirty Years That Shook Physics.
first edition Hardback
1966. · Garden City, New York:
by Gamow, George.
Garden City, New York: Doubleday & Co., Inc., 1966. Hardback First edition 8.25" x 5.5". 224pp. Black cloth, in dust wrapper. Fine condition; VG+ (price clipped) dust jacket. Gamow was a renowned nuclear physicist. This volume is his account of the development of quantum theory. (Inventory #: 26111)


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Hotels in Surin Beach
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Trending now in Phuket (and vicinity)
- Most bookedThe Surin Phuket
465 people looked at this hotel in the last hour
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"Beautiful hotel grounds, you can always see the beach and hear the waves. Rooms are very nice. Yes steps are a problem but there's always a buggy ready at the lobby to take you to the room and never more than a couple of minutes when you call for one. Breakfast was great, big selection. The probl..."
A Traveller, Sep 2016, SG
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"Stylish Hotel, well maintained property and rooms, great service and friendly staff. complementary shuttle services to beaches etc"
A Traveller, Oct 2016, SG
260 people looked at this hotel in the last hour
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"We had a fantastic family holiday here at Novotel Surin Beach. Staff were so friendly and made us feel very welcome. Food and drink facilities were great and plenty to suit all. Close to the beach and also we used the free shuttle to Patong beach there and back. We truly had a relaxing and enjoya..."
L, Oct 2016, MY
69 people looked at this hotel in the last hour
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"very relaxing and enchanting place to stay. friendly staff, always helpful. To remark the front desk manager. she is sooo sweet!"
A Traveller, Nov 2016, GB
34 people looked at this hotel in the last hour
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"Great hotel, amazing service, great food/drink. Great recommendations.....booked all our tables, and gave us a late check-out, could not have asked for anything more! Oh, and it was my birthday and there was a cake in the fridge on arrival, lovely!"
A Traveller, Jun 2016, SG
33 people looked at this hotel in the last hour
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"good location for Surin beach area & good value, breakfast was ok (but not brilliant), wi fi worked well & generally pleasant for short stay. down side was no cover to get from rooms to front reception & cars so got very wet in downpours. "
A Traveller, Oct 2016, AU
25 people looked at this hotel in the last hour
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"For the price- excellent! Secure and clean! We traveled a lot from Bangkok to Phuket and for the price this hotel was great! Also it has great Thai restourant next o hotel where you can eat for 100-150 baht good Thai food. Beer is also cheap! Name of restourant- Audy.."
A Traveller, Oct 2016, GB
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"I found every staff member to be delightful, helpful and attentive. The area is a short 5 minute walk to the beach and I loved how secluded it was. A very chilled out laid back beach and not crowded at all. At least the time I was there. The near by restaurants were all so delicious. I had $2..."
A Traveller, Nov 2016, US
16 people looked at this hotel in the last hour
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"rear facing room had windows on side and back, nice view of doubletree next door with gardens, cabanas and pool. very reasonable price for location and room. lots of free parking,"
A Traveller, Mar 2016, CA
16 people looked at this hotel in the last hour
Map of hotels in Surin Beach
- Patong Beach
- Bangla Night Street
- Kamala Beach
- Jungceylon Shopping Center
- Rawai Beach
- Nai Harn Beach
- Kalim Beach
- Tri Trang Beach
- Paradise Complex
- Laem Singh Beach
- Central Festival Phuket Shopping Center
- Pansea Beach
- Layan Beach
- Splash Jungle Water Park
- Phuket Weekend Market
- Phuket Fantasea
- Patong Hospital
- Bangkok Hospital Phuket
- Bazaan Fresh Market
- Yanui Beach
What you should know about Surin Beach
Are you looking for a cheap Surin Beach hotel, a 5 star Surin Beach hotel or a family friendly Surin Beach hotel? You just landed in the best site to find the best deals and offers on the most amazing accommodations for your stay.
When you search for hotels near Surin Beach with Hotels.com, you need to first check our online map and see the distance you will be from Surin Beach, Thailand.
Our maps are based on hotel search and display areas and neighborhoods of each hotel so you can see how close you are from Surin Beach and refine your search within Phuket (and vicinity) or Thailand based on closest public transportation, restaurants and entertainment so you can easily get around the city. All the hotels details page show an option for free or paid onsite parking.
If you wish to see the hotels with the highest featuring discounts and deals near Surin Beach, simply filter by price/ average nightly rate. We recommend you filter by star rating and read our genuine guest reviews so you can get the best quality hotel with the best discount.
One of the new features on Hotels.com guest reviews is that also show reviews from Expedia for Surin Beach hotels and the TripAdvisor Surin Beach hotels reviews so you can make sure that you checking with a reliable source. See the review scores on our Phuket (and vicinity) hotel information pages.
Make the most out of your family vacation when you book your accommodation with Hotels.com – book your hotel near Surin Beach, Phuket (and vicinity) after reviewing the facilities and amenities listed for each hotel.
After booking your hotel near Surin Beach, expect to receive your reservation confirmation in the mail in less than 10 minutes. The confirmation email contains more information on all nearby attractions, local directions and weather forecast, so you can better plan the days during your trip.
After getting the best hotel rates you can still save more by winning 1 free night! That's right, book 10 nights in any hotel near Surin Beach, Phuket (and vicinity) and after you sign up for the Welcome Rewards program, you are eligible hotel you receive 1 night free*
The best hotel deals are here: We have Surin Beach hotel deals, Surin Beach last minute deals and offers to get you the cheapest Surin Beach hotel with our lowest price guarantee.