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text: We visited the restaurant for lunch. it quickly turned out to be horrible experience. The worst we had in Rome. Here are a few facts: - the waiters were pushy and tried to force us to order full dinner when it was a lunch time and we wanted smth light - they were disorganised and asked whether we have ordered... More


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United States District Court, S.D. New York
March 30, 2015
JAMES RHEE, Plaintiff,v.GOOD SAMARITAN HOSPITAL; KEITH CARTMILL, M.D., personally; SCOTT MANKOWITZ, M.D., personally; JANE DOES #s VAHAN KOUYOUMDJIAN, M.D., personally; LARA R. GATES, personally; YOUNG YOON, M.D., personally; Defendants.
NELSON S. ROMAN, District Judge.
Plaintiff James Rhee brings this action prose and in forma pauperis for alleged civil rights violations arising from his involuntary commitment at Summit Park Hospital in August 2011. Defendants Summit Park Hospital, Vahan Kouyoumdjian, M.D., Lara R. Gates, and Young Yoon, M.D. (collectively, the "Rockland County Defendants"), Good Samaritan Hospital and Jane Does 1 and 2 (collectively, the "Good Samaritan Defendants"), Keith Cartmill, M.D., and Scott Mankowitz, M.D. move for judgment on the pleadings Pursuant to Fed.R.Civ.P. 12(c).
"[F]ailure to oppose a 12(b)(6) [or 12(c)] motion cannot itself justify dismissal of a complaint." Haas v. Commerce Bank, 497 F.Supp.2d 563, 564 (S.D.N.Y. 2007) (citing McCall v. Pataki, 232 F.3d 321, 322 (2d Cir. 2000)). Where a Rule 12(c) motion is unopposed, "the sufficiency of a complaint is a matter of law that the court is capable of determining based on its own reading of the pleading and knowledge of the law." Id. at 322-23.
As of the date of this Order, Plaintiff has not submitted opposition to any of Defendants' motions. The Court granted Plaintiff four extensions giving him a total of 196 days to do so. ( See ECF Nos. 39, 65-66, 73-74, 82.) In granting the last of those extensions, the Court noted: "No further extensions will be granted. If the Court does not receive Plaintiff's opposition to Defendants' motions to dismiss by January 5, 2015, it will issue a decision accordingly." (ECF No. 82.) Because Plaintiff has had more than ample opportunity to respond, has been warned of the consequences of his failure to do so, and has been granted several lengthy extensions, the Court will decide the motions on Defendants' submissions alone, in light of the Court's "reading of the pleading and knowledge of the law." Hass, 497 F.Supp.2d at 564.
The instant Complaint arises from Plaintiff's involuntary commitment at Summit Park Hospital under N.Y. Mental Hygiene Law ("MHL") § 9.27. MHL § 9.27 permits involuntary commitment, based on the signed certificates of two examining physicians, of a person who "has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment" if "as a result of his/her mental illness, this person poses a substantial threat of harm to self or others." N.Y. Mental Hygiene Law §§ 9.01, 9.27; Antwi v. Montefiore Med. Ctr., No. 14 CIV. 840 ER, 2014 WL 6481996, at *7 (S.D.N.Y. Nov. 18, 2014).
On August 3, 2011, after Plaintiff's mother called the police to complain that Plaintiff "threatened to kill her, " was "bipolar, " and "wasn't taking his prescribed medication, " the police took Plaintiff to Good Samaritan Hospital, a private facility. (Compl. 4-5.) Dr. Cartmill allegedly examined Plaintiff for "less than a minute, " determined that he "did not hurt anyone and does not contemplate hurting anyone, " and concluded that his condition was "mild and brought on by stress." (Id. at 5.) Nevertheless, Dr. Cartmill signed a certificate for Plaintiff's involuntary commitment under MHL § 9.27. (Id. ) Dr. Cartmill's certificate was allegedly based wholly on Plaintiff's prior diagnosis of bipolar disorder, despite the fact that Dr. Cartmill allegedly knew or should have known, based on Plaintiff's medical records, that Plaintiff's condition did not require medication. (Id. at 2, 5.) Dr. Mankowitz allegedly signed a second certificate for Plaintiff's involuntary commitment under MHL § 9.27 despite never having examined Plaintiff in person. (Id. at 5.) His certificate was allegedly based on an examination performed by Jane Doe 2, a social worker employed by Good Samaritan Hospital, who relied on Plaintiff's mother's statements. (Id. )
Plaintiff was then transferred and admitted to Summit Park Hospital, which is owned by Rockland County. (Id. at 3, 5.) Defendant Lara Gates, a nurse practitioner employed by Summit Park Hospital, performed another psychiatric evaluation. (Id. at 5.) Plaintiff alleges that a guard named Frank asked Defendant Dr. Kouyoumdjian what was happening with Plaintiff's case. (Id. at 6.) Dr. Kouyoumdjian allegedly told Frank that Plaintiff had been committed pursuant to two physicians' certificates and would be kept for evaluation. (Id. )
Plaintiff further alleges that (1) his blood was drawn by unidentified Good Samaritan Hospital employees against his will ( id. at 9); (2) he was forced to take medication while at Summit Park Hospital ( id. at 6); and (3) that he advised Dr. Yoon that he had an ulcer and was experiencing rectal bleeding but was ignored ( id. ).
Plaintiff alleges that this course of conduct amounts to a cause of action under 42 U.S.C. § 1983 ( id. at 7), discrimination under Rehabilitation Act § 504 ( id. at 7-8), medical malpractice, kidnaping, and battery ( id. at 8-9).
"The standard for addressing a Rule 12(c) motion for judgment on the pleadings is the same as that for a Rule 12(b)(6) motion to dismiss for failure to state a claim." Cleveland v. Caplaw Enters., 448 F.3d 518, 521 (2d Cir. 2006). A Rule 12(c) motion may be granted only if the material facts are undisputed and the movant establishes an entitlement to judgment on the pleadings as a matter of law. Burns Int'l Sec. Servs., Inc. v. Int'l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir. 1995); Sellers v. M.C. Floor Crafters, Inc., 842 F.2d 639, 642 (2d Cir. 1988). To survive a Rule 12(c) motion, the complaint must allege "enough facts to state a claim to relief that is plausible on its face." Starr v. Sony BMG Music Entm't, 592 F.3d 314, 321 (2d Cir. 2010) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). In applying this standard, a court should accept as true all well-pleaded factual allegations, but should not credit "mere conclusory statements" or "[t]hreadbare recitals of the elements of a cause of action." Id. A court should give "no effect to legal conclusions couched as factual allegations." Port Dock & Stone Corp. v. Oldcastle Ne., Inc., 507 F.3d 117, 121 (2d Cir. 2007) (citing Twombly, 550 U.S. at 555).
Pro se pleadings are held to "less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, 551 U.S. 89, 94 (2007). They are construed "liberally" and interpreted "to raise the strongest arguments that they suggest." Pabon v. Wright, 459 F.3d 241, 248 (2d Cir. 2006) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)). However, pro se status "does not exempt a party from compliance with relevant rules of procedural and substantive law." Boddie v. N.Y. State Div. of Parole, 285 F.Supp.2d 421, 426 (S.D.N.Y. 2003) (quoting Traguth v. Zuch, 710 F.2d 90, 95 (2d Cir. 1983)).
Plaintiff's disability discrimination claims must be dismissed. "[S]ection 504 prohibits discrimination against a handicapped individual only where the individual's handicap is unrelated to, and thus improper to consideration of, the services in question." United States v. Univ. Hosp., 729 F.2d 144, 156 (2d Cir. 1984); see also McGugan v. Aldana-Bernier, 752 F.3d 224, 234 (2d Cir. 2014).
Plaintiff's sole theory of discrimination is that Defendants committed Plaintiff because they assumed based on Plaintiff's prior diagnosis of mental illness that he was violent. "[A]n accusation that an individual was involuntarily committed on the basis of a mental disability cannot serve as a basis for an ADA or Rehabilitation Act violation for disability discrimination because such a finding would convert every involuntary commitment transport into a civil rights violation." Bryant v. Steele, 25 F.Supp. 3d 233, 242 (E.D.N.Y. 2014) (alterations and internal quotation marks omitted); see also McGugan, 752 F.3d at 234 ("If [Defendant's] decision was based on stereotyping, it was based on stereotyping of conditions that were appropriate to consider in making the ultimate determination to hospitalize. Accordingly, ... [Plaintiff] has not alleged actionable discrimination under § 504 of the Rehabilitation Act."). Plaintiff has not plausibly alleged that his commitment was based on considerations that are "discriminatory" in the pejorative sense. See McGugan, 752 F.3d at 232. Accordingly, Plaintiff's discrimination claims are dismissed.
Plaintiff asserts state-law claims sounding in intentional tort and medical malpractice. The disposition of these claims differs by party.
A. Summit Park Hospital
The intentional tort and medical malpractice claims asserted against Summit Park Hospital must be dismissed for failure to comply with applicable notice-of-claim requirements. State-law claims brought in federal court are subject to state procedural rules. See, e.g., Felder v. Casey, 487 U.S. 131, 141 (1988). Thus, N.Y. County Law § 52, which incorporates the notice-of-claim requirements in N.Y. General Municipal Law § 50-e, applies in this case. General Municipal Law § 50-e requires service of a notice of claim within 90 days after a claim arises "[i]n any case founded upon tort where a notice of claim is required by law as a condition precedent to the commencement of an action or special proceeding against a public corporation." N.Y. Gen. Mun. Law § 50-e(1). Notice-of-claim requirements are "strict[]." Hardy v. N.Y.C. Health & Hosp. Corp., 164 F.3d 789, 793-94 (2d Cir. 1999). Failure to comply warrants dismissal. Id.
Plaintiff's state-law claims accrued in early August 2011. See N.Y. Ct. Cl. Act §§ 10(3), 10(3-b). Plaintiff's notice of claim is dated August 23, 2012 ( see Weissman Decl. Ex. C, ECF No. 43-3), long after the 90-day time limit had expired. Plaintiff did not petition to file a late notice of claim and the time to do so has also expired. See In re Dayton, 786 F.Supp.2d 809, 824-25 (S.D.N.Y. 2011) (holding that in no event may the court extend the time to file a notice of claim beyond the one year and ninety day statute of limitations); Hewitt v. County of Rensselaer, 775 N.Y.S.2d 112, 114 (App. Div. 2004) (same). Accordingly, the state-law claims asserted against Summit Park Hospital are dismissed.
B. Ms. Gates, Dr. Yoon, and Dr. Kouyoumdjian
Notice-of-claim requirements apply with equal force to any municipal employees who are required to be indemnified by the municipality. N.Y. Gen. Mun. Law § 50-e(1)(b). Rockland County is required to indemnify its employees for acts or omissions that "occurred while the employee was acting in good faith and within the scope of his or her public employment or duties." Rockland Cnty. Code § 45-3(A). Plaintiff's allegations make clear that Ms. Gates, Dr. Yoon, and Dr. Kouyoumdjian were acting within the scope of their employment throughout the events in question. Therefore, Plaintiff is barred from asserting his state-law claims against Summit Park Hospital and its employees, Ms. Gates, Dr. Yoon, and Dr. Kouyoumdjian.
C. The Good Samaritan Defendants, Dr. Cartmill, and Dr. Mankowitz
The notice-of-claim requirements do not apply to the Good Samaritan Defendants, Dr. Cartmill, or Dr. Mankowitz. Instead, the usual timeliness principles apply. The New York limitations period for intentional torts such as false imprisonment, kidnaping, [1] and battery is one year. N.Y. C.P.L.R. 215(3); see Garcia v. NYPD Pct. 41, No. 95 CIV. 10471 (LAP), 1997 WL 563809, at *4 (S.D.N.Y. Sept. 10, 1997) ("[CPLR] 215(3) has been interpreted as governing all state law claims for intentional torts.... Thus, plaintiff's claims for false arrest and kidnapping are also time-barred." (citations omitted)). The New York limitations period for medical malpractice is two years and six months. N.Y. C.P.L.R. 214-a. Plaintiff filed his Complaint on November 19, 2012, approximately one year and two months after the events in question. Accordingly, any claims sounding in false imprisonment, kidnaping, or battery that Plaintiff might purport to bring are untimely and must be dismissed; however, the medical malpractice claim is timely with respect to the Good Samaritan Defendants, Dr. Mankowitz, and Dr. Cartmill. No other basis for dismissal is offered as to these defendants.[2] Accordingly, that claim survives.
Plaintiff asserts various constitutional claims under 42 U.S.C. § 1983. Section 1983 provides that "[e]very person who, under color of any [state] statute, ordinance, regulation, custom, or usage... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress." 42 U.S.C. § 1983. Again, the disposition of these claims differs by party.
It has long been established that vicarious liability does not attach to a municipality under § 1983 unless the "execution of the government's policy or custom... inflicts the injury." Monell v. Dep't of Social Servs. of the City of N.Y., 436 U.S. 658, 694 (1978). In the context of a motion for judgment on the pleadings, "a plaintiff must make factual allegations that support a plausible inference that the constitutional violation took place pursuant either to a formal course of action officially promulgated by the municipality's governing authority or the act of a person with policymaking authority for the municipality." Missel v. County of Monroe, 351 F.Appx. 543, 545 (2d Cir. 2009). A court may infer a municipal policy from acts or omissions of the municipality's policy makers, but in the absence of other evidence, a "single incident of errant behavior is an insufficient basis for finding that a municipal policy caused plaintiff's injury." Sarus v. Rotundo, 831 F.2d 397, 402-03 (2d Cir. 1987). The instant Complaint describes one alleged incident of errant behavior. It identifies no policy or custom that caused the alleged constitutional deprivations. Accordingly, the § 1983 claims asserted against Summit Park Hospital must be dismissed.
B. Dr. Kouyoumdjian, Ms. Gates, and Dr. Yoon
The § 1983 claims asserted against Dr. Kouyoumdjian must also be dismissed. "Personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [§] 1983." Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994). The Complaint does not allege that Dr. Kouyoumdjian was personally involved in depriving Plaintiff of any constitutional right. The Complaint makes conclusory allegations that Dr. Kouyoumdjian "authoriz[ed]" or "ordered" Plaintiff's confinement. At best, these are legal conclusions couched as factual allegations, which the Court may disregard on a Rule 12(c) motion. Port Dock, 507 F.3d at 121. Dr. Kouyoumdjian's role in Plaintiff's confinement, if any, is completely unclear. The only well-pleaded factual allegations concerning Dr. Kouyoumdjian suggest that his involvement was limited to informing Plaintiff's guard that Plaintiff had been committed pursuant to two physicians' certificates. Such conduct does not rise to the level of personal involvement in a constitutional deprivation.
Plaintiff does not appear to assert any § 1983 claim against Ms. Gates or Dr. Yoon. Either way, the factual allegations do not establish their personal involvement in any purported constitutional deprivation. Accordingly, to the extent the Complaint might be read to assert such claims, they too must be dismissed.
The Good Samaritan Defendants, Dr. Cartmill, and Dr. Mankowitz do not argue that Plaintiff has failed to allege their personal involvement. Rather, they argue that Plaintiff has failed to allege that they are state actors. See 42 U.S.C. § 1983; Jackson v. Metro. Edison Co., 419 U.S. 345, 349 (1974); Hogan v. A.O. Fox Mem'l Hosp., 346 F.Appx. 627, 629 (2d Cir. 2009). They further argue that the § 1983 claims fail because Plaintiff suffered no constitutional deprivation.
1. State Action
"Because the United States Constitution regulates only the Government, not private parties, a litigant claiming that his constitutional rights have been violated must first establish that the challenged conduct constitutes state action." Fabrikant v. French, 691 F.3d 193, 206 (2d Cir. 2012) (quoting Flagg v. Yonkers Sav. & Loan Ass'n, 396 F.3d 178, 186 (2d Cir. 2005)). "A plaintiff pressing a claim of violation of his constitutional rights under § 1983 is thus required to show state action." Tancredi v. Metro. Life Ins. Co., 316 F.3d 308, 312 (2d Cir. 2003).
"[S]tate action requires both an alleged constitutional deprivation caused by the exercise of some right or privilege created by the State or by a rule of conduct imposed by the State or by a person for whom the State is responsible, ' and that the party charged with the deprivation must be a person who may fairly be said to be a state actor.'" Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 50 (1999) (quoting Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982)). The mere fact that a person or entity is formally "private" does not immunize it from § 1983 liability. Rendell-Baker v. Kohn, 457 U.S. 830, 847 (1982) ("Conduct that is formally private' may become so entwined with governmental policies or so impregnated with a governmental character that it can be regarded as governmental action." (internal quotation marks omitted)). "Supreme Court cases on the subject of state action have not been a model of consistency, ' and we therefore have no single test to identify state actions and state actors. Rather, there are a host of factors that can bear on the fairness of an attribution of a challenged action to the State.'" Fabrikant, 691 F.3d at 207. Three main tests have emerged:
For the purposes of section 1983, the actions of a nominally private entity are attributable to the state (1) when the entity acts pursuant to the coercive power of the state or is controlled by the state ("the compulsion test"); (2) when the state provides significant encouragement to the entity, the entity is a willful participant in joint activity with the state, or the entity's functions are entwined with state policies ("the joint action test" or "close nexus test"); or (3) when the entity has been delegated a public function by the state ("the public function test").
Id.; see also Brentwood Acad. v. Tenn. Secondary Sch. Athletic Ass'n, 531 U.S. 288 (2001); Hogan, 346 F.Appx. at 629; Ciambriello v. County of Nassau, 292 F.3d 307, 324 (2d Cir. 2002); Tewksbury v. Dowling, 169 F.Supp.2d 103, 108 (E.D.N.Y. 2001). The fundamental question under each test is whether the private entity's challenged actions are "fairly attributable" to the state. Rendell-Baker, 457 U.S. at 838.
While it is clear in the Second Circuit that private physicians that participate in civil commitment of a patient to a private hospital are not engaged in state action under any of the applicable tests, see McGugan, 752 F.3d at 230; Doe v. Rosenberg, 166 F.3d 507 (2d Cir. 1999), the Second Circuit has never considered a civil commitment involving both public and private actors and facilities.
Tewksbury is instructive. See 169 F.Supp.2d at 109. In Tewksbury, the plaintiff brought § 1983 claims arising from her involuntary commitment under MHL § 9.37. Id. at 105. The plaintiff was initially evaluated at the University Medical Center at SUNY Stony Brook ("Stony Brook"), a state-operated facility. Id. at 106. The examining physician concluded that she required hospitalization and signed a certificate pursuant to MHL § 9.37. Id. Plaintiff was then transferred from Stony Brook to St. John's Episcopal Hospital ("St. John's"), a private facility. Id. at 106-07. Physicians at St. John's admitted the plaintiff and authorized her continued confinement. Id. at 110. The court held that the St. John's physicians were state actors, reasoning that they performed no examination of their own prior to admitting the plaintiff, but instead relied on the Stony Brook physician's examination and medical judgment, and could not have committed the plaintiff without the Stony Brook physician's certification under MHL § 9.37. Id.; see also Meadows v. City of New York, No. 10-CV-286 JG LB, 2011 WL 864832, at *5 (E.D.N.Y. Mar. 11, 2011) ("[A] private hospital that admits an involuntarily committed person upon her transfer from a state facility is not immune from § 1983 liability as a matter of law."); cf. McGugan v. Aldana-Bernier, No. 11-cv-00342 (TLM), 2012 WL 1514777, at *6 (E.D.N.Y. Apr. 30, 2012) (finding no state action under the close nexus/joint action test because "the private hospital did not consult or contact state employees regarding the evaluation or commitment of plaintiff nor did state officials participate in the commitment process in any way"), aff'd, 752 F.3d 224 (2d Cir. 2014).
Second Circuit precedent does not circumscribe this case. The fact that Plaintiff was committed to a state institution under MHL § 9.27 manifests a level of public and private entwinement that is both qualitatively and quantitatively greater than was present in either Rosenberg or McGugan. See Clark v. Me. Med. Ctr., 559 A.2d 358, 360 (Me. 1989) (finding that a private physician employed by a private facility acted in an "official capacity on behalf of the State" under the Main Tort Claims Act in determining that the plaintiff should be involuntarily committed to a state facility). Involuntary commitment under MHL § 9.27 requires action by four separate individuals-one of a number of designated individuals to make an application for admission, see N.Y. Mental Hygiene Law § 9.27(a)-(b), two examining physicians to sign certificates (in this case, Dr. Mankowitz and Dr. Cartmill), see id. § 9.27(a), and a third physician at the receiving facility to confirm the findings of the certifying physicians, see id. § 9.27(e). See Project Release v. Prevost, 722 F.2d 960, 967 (2d Cir. 1983); June v. Blair, No. 9:09-CV-323 FJS/TWD, 2012 WL 1048463, at *1 (N.D.N.Y. Mar. 28, 2012). In other words, the Good Samaritan Defendants, Dr. Mankowitz, and Dr. Cartmill could not have committed Plaintiff to Summit Park Hospital against his will absent joint action with at least one physician affiliated with Summit Park Hospital. Moreover, Plaintiff alleges that Summit Park Hospital "outsourced" its commitment decisions to Good Samaritan Hospital. Depending on its terms, this type of contractual relationship, if proven, could establish that Good Samaritan Hospital and its employees acted on behalf of the state or were agents of the state. See West v. Atkins, 487 U.S. 42, 56 (1988) (holding that a private physician acted under color of law by providing medical services to prison inmates under a contract with the state). Given the procedural posture of this motion and in light of the Court's obligation to liberally construe the Complaint, the Court cannot dismiss on the basis of state action. See Meadows, 2011 WL 864832, at *5 (holding that an evaluation of state action under the close nexus/joint action test in that case would benefit from a developed factual record and would be better treated on summary judgment).
Blum v. Yaretsky does not compel a different conclusion. 457 U.S. 991 (1982). In Blum, the Supreme Court ruled that physicians at a private nursing home did not engage in state action by discharging patients or transferring them to a lower level of care, notwithstanding the fact that such decisions had the effect of decreasing the patients' Medicaid benefits. Id. at 1004. The Court reasoned that the decisions were "medical judgments made by private parties according to professional standards that are not established by the State, " and that the state was merely "respond[ing]" to those judgments by adjusting Medicaid benefits. Id. at 1004, 1008. Here, even if Dr. Mankowitz's and Dr. Cartmill's evaluations were their own judgments based on professional medical standards, the state has not merely responded to their evaluations; rather, the doctors' actions-together with the actions of state employees-effected Plaintiff's commitment to a state facility, which could not have been accomplished absent the state agents' participation.
2. Constitutional Deprivation
The Court rejects Dr. Cartmill and Dr. Mankowitz's arguments that Plaintiff's § 1983 claims fail because Plaintiff suffered no constitutional deprivation. Their briefs, which are roughly identical on this point, merely make the naked assertion that both doctors examined Plaintiff in the emergency room. As an initial matter, Plaintiff alleges that Dr. Mankowitz did not examine Plaintiff-a fact that this Court must accept as true on a motion for judgment on the pleadings. And as to Dr. Cartmill, Plaintiff alleges that the evaluation lasted "less than a minute" and that Dr. Cartmill determined Plaintiff's condition was "mild" and that he "did not hurt anyone and does not contemplate hurting anyone." According to Plaintiff, Dr. Cartmill determined that Plaintiff should be committed solely because Plaintiff had previously been diagnosed with bipolar disorder-a condition that Plaintiff alleges was so mild that he had not been prescribed medication for 13 years. Taken as true these allegations raise a question whether Dr. Cartmill's criteria fell "substantially below" generally accepted medical standards. Dr. Cartmill makes no effort at all in his brief to defend his evaluation in terms of the applicable case law. Accordingly, his motion will not be granted on the merits. Both doctors' arguments as to qualified immunity are vulnerable to the same criticism. Their briefs are conspicuously devoid of any explanation beyond the bald assertion that their actions were "reasonable."[3]
The Court must also reject Good Samaritan Hospital's argument that Dr. Cartmill and Dr. Mankowitz are not its employees. Because this is a motion for judgment on the pleadings, the Court may not consider the affidavits offered to support this proposition unless (1) they are judicially noticeable or (2) the Court treats the instant motion as one for summary judgment under Fed.R.Civ.P. 12(d). First, the Court sees no basis to judicially notice these affidavits, and Defendants have offered none. Second, the Rule 12(d) procedure is a "hazardous one that warrants special caution." Peckmann v. Thompson, 966 F.2d 295, 297 (7th Cir. 1992). A court has "complete discretion" to decide whether to convert a 12(c) motion to one for summary judgment. Abbey v. 3F Therapeutics, Inc., 06 Civ. 409(KMW), 2009 WL 4333819, at *5 (S.D.N.Y. Dec. 2, 2009); see also In re Merrill Lynch Ltd. P'ships Litig., 154 F.3d 56, 60-61 (2d Cir. 1998) (applying abuse of discretion standard of review). Courts have declined to convert where, for example, discovery is incomplete and neither party has explicitly requested summary judgment in the alternative. See Key Items, Inc. v. Ultima Diamonds, Inc., No. 09 CIV 3729 HBP, 2010 WL 3291582, at *5 (S.D.N.Y. Aug. 17, 2010); see also E.E.O.C. v. Care Ctrs. Mgmt. Consulting, Inc., 942 F.Supp.2d 771 (E.D. Tenn. 2013); cf. Nat'l Ass'n of Pharm. Mfrs. v. Ayerst Lab., 850 F.2d 904, 911 (2d Cir. 1988).
Defendants have not explicitly requested summary judgment in the alternative, and although discovery has begun, it was stayed on September 9, 2014 pending this decision. ( See ECF No. 64.) Also, the material that Defendants have offered would not necessarily dispose of the action. For example, even if Good Samaritan Hospital were dismissed from the case on the basis of the proffered materials, certain claims against other defendants, including its employees, would survive.[4] Accordingly, the Court declines to treat the instant motions as ones for summary judgment and shall not consider materials outside of the pleadings. The Court must accept as true the well-pleaded allegations in the Complaint, and the Complaint unambiguously alleges that Dr. Mankowitz and Dr. Cartmill are Good Samaritan Hospital employees. (Compl. 3.)
The Good Samaritan Defendants' deprivation-based arguments concerning Jane Does 1 and 2 also turn on facts outside of the pleadings. Accordingly, the Court cannot accept those arguments. Plaintiff alleges that the examination backing one of the physicians' certificates required by MHL § 9.27 was performed by a social worker-Jane Doe 2-who relied entirely on hearsay. Accordingly, the Court cannot accept the Good Samaritan Defendants' assertion that the MHL was fully complied with or that, as a matter of law, Plaintiff's examination did not fall "substantially below" accepted medical standards. Plaintiff has alleged sufficient personal involvement on the part of Jane Doe 2. However, all allegations with respect to Jane Doe 1 are either conclusory or nonsensical. Accordingly, all claims against Jane Doe 1 are dismissed.
The Good Samaritan Defendants' motion is GRANTED in part and DENIED in part in accordance with this opinion. Dr. Mankowitz's motion is GRANTED in part and DENIED in part in accordance with this opinion. Dr. Cartmill's motion is GRANTED in part and DENIED in part in accordance with this opinion. The Rockland County Defendants' motion is GRANTED in its entirety. All claims are dismissed except for Plaintiff's medical malpractice and § 1983 claims, which survive to the extent that they are asserted against Dr. Mankowitz, Dr. Cartmill, Good Samaritan Hospital, and Jane Doe 2. This dismissal is without prejudice, except as to the state-law claims against the Rockland County Defendants, which are dismissed with prejudice for failure to comply with notice-of-claim requirements.
It is further ORDERED that the stay of discovery entered pursuant to Magistrate Judge Lisa Margaret Smith's September 9, 2014 Order ( see ECF No. 64) is lifted. The remaining Defendants are directed to notify Judge Smith of this Order, and the parties are directed to agree to a revised discovery schedule and furnish same to Judge Smith within seven (7) days of the date of this Order.
The Court respectfully directs the Clerk to (1) terminate the motions at ECF Nos. 42, 50, 59, and 91; (2) terminate Summit Park Hospital, Dr. Kouyoumdjian, Ms. Gates, Dr. Yoon, and Jane Doe I as parties; and (3) amend the caption to reflect their removal from the case.
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The typical asking rate per listing is in the $0's per square foot per year. The Hidalgo submarket is going through a decline in rates. In the last 3 months, the median rate decreased $13 per sqft per year. That's a 100% decline in rent.
In the last 90 days, 0 listings have come on the market, which means new listings might be leasing quickly. You'll want to be prepared to make an offer immediately. About NaN% of the available leases in the Hidalgo are subleases, so you will probably have to focus your search on direct office leases. There aren't many listings below 2,000 square feet available, so finding a space for a small business might be tough.
The standard measurement for office space in this area is around sqft. Most properties in this region are approximately 1 floors. Most buildings in this market were built in 2012.
Trends and status of the commercial real estate market in Hidalgo.
Market Report
Real time and historical data on commercial real estate listings in Hidalgo.


text:
Composition for NUFEXCefalexin(250 mg)
food interaction for NUFEX
alcohol interaction for NUFEX
pregnancy interaction for NUFEX
lactation interaction for NUFEX
Animal studies have shown low or no adverse effect on the foetus, however, there are limited human studies. Please consult your doctor.
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Cephalexin does not contain sulfa and is not penicillin. It is a cephalosporin antibiotic
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Yes, you may take cephalexin with Nyquil, Tylenol, Dayquil, Benadryl, Tamiflu, or Advil. Please consult your doctor before use
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Cephalexin is not approved to treat STDs and is not active against MRSA. It may be used against staph infections, but is not very effective against bacterial vaginosis.


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Artichokes are a one-of-a-kind vegetable. They taste unlike anything else, but their unique flavor is mild enough that they can be really enhanced by certain preparations. Dipped in drawn butter, fried, grilled or mixed into a cheesy dip, artichokes are incredibly versatile, which makes it easy to eat them every day. If you're intimidated at the thought of cooking an artichoke, don't be. See here for our handy guide for dealing with this unapproachable vegetable, and next, check out these awesome artichoke recipes.
This delicate, slightly bitter leafy green makes excellent salads, refreshing crostini toppings and sharp sandwich fillers. It's not overly bitter like some other greens (we're looking at you, dandelion), but it's spicy enough to be interesting. See here for some arugula recipes that will make you f...
Also read: Nicki Minaj called out by mental health group for yelling at woman in Miami
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For comfortable dental hygiene treatment in the Oakland, California area, Dr. Kenneth Childers is known for having a gentle touch. The friendly team at Montclair Dental Care provides teeth cleaning for a whiter smile.
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At Montclair Dental Care, most major credit cards are accepted, including Visa, MasterCard, and Discover Card. If your're looking for affordable Oakland area dentistry, contact our office today.
If you're looking for dentures that look great and last, look no further than Montclair Dental Care located in the Oakland, CA area. Kenneth Childers, D.D.S. will assess your needs and fit you with durable, comfortable, natural-looking dentures - at a price you can afford.
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New and safe sedation dentistry with Oakland area sedation dentist Dr. Eric Yabu means you can have years of dental treatments done quickly while you're lightly sedated, with little or no discomfort. If you've been putting up with discomfort, hiding your smile, or delaying scheduling dental work because you're too busy, your life is about to change. Make a sedation dentistry consultation appointment today with Dr. Yabu.
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We accept most insurance carriers. Please check with us prior to your appointment, but it's safe to say we likely accept the type of insurance you carry.
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For comfortable dental hygiene treatment in the Oakland, California area, Dr. Thomas Zavattero is known for having a gentle touch. The friendly team at Pacific Dental Group provides teeth cleaning for a whiter smile.
Maintaining good dental hygiene is the foundation for healthy teeth and gums. We're committed to helping you have a lifetime of oral health.
If you are missing one or more teeth, you'll want to talk with Oakland area dental implant dentist Dr. Thomas Zavattero about replacements that look and feel as natural as your own teeth. If dentures are causing you problems, you may consider dental implants. Unlike dentures, which can be removed, Dr. Zavattero offers dental implants that are permanently anchored into the jaw itself.
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Ellis, Mark L D.D.S.
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With recent advances in cosmetic dental technology, what was once considered impossible can now be performed routinely. We now have the means and the know-how to treat such conditions as discolored, crooked, and missing teeth - often in one or two visits to a cosmetic dentist, and often without discomfort.
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So call your cosmetic dentist today to find out how you can restore your mouth to total dental health. You'll look and feel better.


text:
Italian translation of fatuous
Example Sentences Including 'fatuous'
The Chief was nevertheless left speechless by this fatuous remark, which gave Bardi time to say thank-you and goodbye.Prosecutor
All this fatuous , this... this pointless riddle-puzzle cack.BEHINDLINGS (2002)
Would I have used my salary to keep a fatuous object like you in comfort who's called on to perform only as a very last resort?To His Just Desserts
Trends of 'fatuous'
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Translation of fatuous from the Collins English to Italian Dictionary
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text:
What do you feel when you think of food security and Cameroon?
I feel disappointment, frustration, shock … but at the same time a sense of hope and excitement.
Cameroon is blessed with near perfect conditions for Agriculture. Despite this incredible potential, Cameroon imports huge quantities of food. 25% of total imports are food – more than $2b per annum. Just imagine the difference if we turned this into $2b of exports!
You may wonder why Cameroon has such great potential for Agriculture. The answer is largely in the gifts given to us by God.
We have fertile lands suitable for farming that are not covered in mountains or desert. There is sufficient land available for Agriculture without the need to disrupt traditional farming actively that feeds the majority of our people and employs more than 70% of Cameroonian workers.
We have water resources that many other countries can only dream about. Reliable rainfalls feed a vast network of waterways capable of irrigating crops. The Sanaga River, for example, has an average flow exceeding 2000 m3 per second!
We have a growing season that lasts 365 days each year. The capital employed to grow crops, such as tractors, harvesters, irrigation systems, etc. can be used for multiple crops every year. Compare this with rice growing in the USA for example, where they can only grow a single crop each year. Imagine the financial advantage when this capital can be two times as productive as the same equipment used in the USA!
We have an amazing pool of enthusiastic labour. People are motivated to work and are eager to learn. Our young people are smart and motivated - perfect as the future innovators in this sector (provided they get the opportunity).
The Government have commenced programmes that have supported significant increases in the production of Rice, Dairy and Meat production. But this is just the beginning.
We should aim to achieve a balance of well integrated large-scale farming projects which leverage the world's leading technology and partners, and also provide critical support to huge amount of community farming activity that exists today. We need large modern farming as well as improvements to community agriculture (better seed, fertilizer, irrigation, etc.) to realise our potential with Agriculture.
We can develop Africa's leading research and development centres for strategic farming activities, particularly those in Cropping (Rice, Maize, Wheat and others), Dairy (production and processing of milk products), and Animal Raising (Cattle, Poultry and Fish Farming). R&D Centres for each of these areas should be established as Joint Ventures between the key local groups (farmers, universities and Government agencies) and world leaders in each of these areas to ensure farming methods and systems which are perfect for Cameroon. We can produce Africa's best farmers, technicians, scientists, engineers and other Agriculture workers.
We must implement a range of large-scale integrated farming projects to dramatically increase Cameroon's levels of food production. These modern projects, in conjunction with improved community and small-holder farming productivity will ensure the transition of Cameroon from the large importer of food that we are today to that of a giant in the world of Agriculture.


text: EntertainmentTiwa Savage Addresses Her Alleged Beef With Yemi Alade- Read Details By Felicia Posted on April 27, 2016 Share Tweet Share Share Email Mavin Records first lady, Tiwatope Savage-Balogun, better known by her stage name as Tiwa Savage, has addressed her alleged beef with Yemi Alade in a new interview, as well as sharing what its like to be a mother and a successful musicianBelow are excerpts from the chat;Are you aware that people see you and Yemi Alade as rivals? Definitely, you know it happens in all industries. People compare Davido and Wizkid, Beyoncé and Rihana, among others. It is just a natural thing and that is life. When you have two people doing great things, you tend to compare them. But there is actually no beef between her and myself. I really love what she does. Would you like to collaborate with her? If it happens, if God wants it, yes I would be up for it.Don't you agree that having got married and having a baby reduced your followership? All I have to say is that numbers don't lie. Since I gave birth to my baby my followership has actually grown to 1.4 million on Instagram and twitter respectively. It is growing way faster since I had my baby. I would actually say my baby is a blessing.How has it been combining motherhood with being a wife and musician? Definitely it is more challenging now. But at the same time I have a beautiful son and I am willing to make whatever sacrifices I have to do what it takes to make sure that I give him the best.When was your scariest moment during labour? The scariest moment was at the delivery room when the doctor told me that his heartbeat dropped. My happiest moment in life was the first time I saw baby Jamal.How do you keep in shape since you gave birth? It is a step at a time; I am not completely back to where I was and I am also not putting myself under pressure. Sometime when you diet you could get depressed. But for my son's sake, I need to be happy. I need to show other women as well that it took nine months to deliver a baby and it might take another one year or two to get back to that original shape. I visit the gym regularly.Men often complain that their wives pay more attention to their babies. Are you experiencing that too? Initially yes, I am not going to lie about that. He wakes up every two hours, you are going to devote all your time to him and your sex life might not be interesting as before. You would have stress, stretch marks too. But eventually for the sake of your marriage I would encourage all women to look after their husbands, especially after having babies. It is very important. [Advertisement] Make Money Online in Nigeria... Click HERE To Start Now! Related Items:Beef, Tiwa Savage, Yemi Alade Share Tweet Share Share EmailRecommended for you Tiwa Savage And Teebillz Officially Reconcile, Now Back Together Again!! (Pictures + Details) Beautiful Photo Of Tiwa Savage And Her Son Photos: Tiwa Savage Dazzles In Kenya Place your ad here Loading... Comments


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Purifying water couldn't be easier, simply drop a Micropur tablet into a quart of water; drink with confidence and no chemical aftertaste. Micropur MP1 is the only water purification tablet or liquid that meets the full EPA Water Purifier Test Standards to control viruses, bacteria, and cysts.


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Cuteness Alert: This Couple Sang Their Wedding Vows!
This couple is BEYOND cute! Talk about putting a spin on your wedding vows. Let's rewind to three years ago when Michael and Carissa Alvarado "randomly collided, and fell in love" and not ONLY ended up getting married, but they also combined their musical talents to form to form the group "Us The Duo." The talent is there, the love is there, what more could you ask for!
Source: YouTube.com


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Lybrate is Health consult app which allows you to ask question to health experts. Paytm is giving rs.10 to Lybrate app users who asks a question on lybrate app.
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text:
Archangel Media Entertainment
RSNot DiscloseMumbai, Mumbai Suburb
We are new Animation House located in Bandra (Mumbai). We are looking for 3D Animators for Architectural Walkthroughs. Candidates must me proficient in using 3DS Max, Adobe Photoshop, Premier, After Effects and Autocad with a minimum of 1 year...
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Hot Opening in Kochi for 3D Animators & Compositors ( 1 yrs)
Magmyth Vfx Studio
RS1,00,000 To 2,50,000Kochi
3d Animator & Compositor Salary: Not Disclosed by Recruiter Industry:Animation / Gaming Functional Area:TV , Films , Production , Broadcasting Role Category:Production/Technical Role:Animation/Graphic Artist
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Motion Graphic Artist ( 0 - 1 yrs)
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RS90,000 To 1,00,000Mumbai
The role is open for Junior Motion Graphics Designer / Animator / Compositor .The right candidate must have a eye for design. You'll be sitting on fully animated projects and titles/elements/scenes, 2d vector, typographic, 3D, film titles, VFX, co...
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3D texturing artist ( 0 - 2 yrs)
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Freedom Creative Technologies is a mumbai based Production undertaking all sorts of Film making services, Movies, TV, Advertisement commercials, etc. Providing the best quality services domestic and internationally. Currently we are looking dedicate...
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2D animator, character designer, background designer, story boarding , digital painting job in Hyderabad for Freelancers ( Fresher)
Alvarium Animation Industry
RSLess than 50000 To 50,000Hyderabad
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Key Skills : 2d animator,3d animator,3d character animator,3d compositor,2d flash animator
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text:
By Rick Saunders
America's Right
Just when you thought the Democrats' hypocrisy on the socialized health care fiasco had bottomed out, once again, they prove you wrong.
No one should revel in the death of a U.S. Senator, whoever they were and whatever their past may have been. But now, with the death of Sen. Edward M. Kennedy and the Democrats' hopes for the resuscitation of a moribund HB 3200 fading in the glare of just exactly what the words and vague verbiage of the proposal really portend–from rationed care to increased taxation on everyone without "approved insurance" to end-of-life counseling panels–Kennedy's death provides to the more strident Democrats just the elixir they were looking for.
Likely even before the body of the Liberal Lion of the Senate cooled to room temperature in Hyannisport, those who would capitalize on his demise from brain cancer had informally re-dubbed the legislation "Kennedycare." President Barack Obama called him a "defender of a dream" and a "singular figure in history," adding that "even as he waged a valiant struggle with a mortal illness, I've profited as president from his encouragement and wisdom." Former Vice President Al Gore claimed that "Ted would want nothing more than for his colleagues to continue his life's work and to make real his dream of quality health care for all Americans."
House Speaker Nancy Pelosi said that "Ted Kennedy's dream of quality health care for all Americans will be made real this year because of his leadership and his inspiration." Senator Robert Byrd, the only senator to have served longer than Kennedy, went even further and offered the following statement:
In his honor and as a tribute to his commitment to his ideals, let us stop the shouting and name calling and have a civilized debate on health care reform which I hope, when legislation has been signed into law, will bear his name for his commitment to insuring the health of every American.
Picking up where Byrd left off, Ralph G. Neas, the CEO of the liberal National Coalition on Health Care, urged that Congress "win one for Teddy" by passing the bill.
No offense intended, but Earth to Obots: after all of the accolades and praises pass and rational thought returns to the process, people should acknowledge that the very bill that the Democrats want to force upon the rest of us–the one they want to and will inevitably re-brand "Kennedycare" but to which they wish to remain not subject–would have virtually ensured Kennedy's death a lot sooner than otherwise occurred. For no other reasons than his age and the nature of his disease, his demise would have been substantially accelerated under the bill being peddled by the Democrats as "reform we can believe in." Reality check, please.
Had Kennedy not been the beneficiary of the most advanced and sophisticated private medical system the world has ever known and had unfettered access to that system through the preferential treatment accorded to members of Congress, Kennedy would likely have died from his brain cancer shortly after it had been diagnosed in 2008. And the surgery to remove the brain tumor in 2008 would never have happened under HB 3200.
Ted Kennedy was the beneficiary of the best treatment known to man, treatment only a free market system could produce, treatment which substantially extended his life. Yet now the Democrats would want to put his name on a bill which would preclude the middle and lower classes from having access to that same quality care, that would eventually transmogrify the current system into something like that being seen in Britain, where government-run treatment has been described as "neglectful, demeaning, painful and sometimes downright cruel," where bed shortages have forced nearly 4,000 expectant mothers to deliver their babies in ambulances, elevators and hospital restrooms and corridors. If Congress truly wanted "reform" in the health care system, it would lead by example and abandon the preferred treatment its members get under its own separate, private health care-based system.
Interestingly, under some of the "versions" of HB 3200 still slithering through the corridors and back rooms of the House, there had been amendments proposed by Republicans which would have mandated that members of Congress enroll in the same plan mere commoners like ourselves would be required to join. Those amendments were ruled "out of order" and not even allowed to be offered. In one version, however, such an amendment was allowed and actually passed in committee. However, when these several versions finally make it to the Rules Committee for "blending" and ultimately land on Speaker Pelosi's desk, you can bet the ranch that the provision will be stripped and will never see the light of day again on the floor of the House. Under the so-called "leadership" of folks like Nancy "Do as I say" Pelosi (and, for that matter, Harry "Not as I do" Reid), such "good for the goose, good for the gander" reasoning is as foreign to our elected officials as is Swahili to a Klingon.
Quality health care for all Americans will come not by way of the destruction of the private medical health systems of the nation through mandated imposition of a "public
option" (is it just me, or is there something oxymoronic about a mandated "option"?). Rather, it will come as a result of addressing the problematic elements of the existing private system in this nation–a system which, by the way, is the envy of the world–according to the principles of the free market.
Kennedy's "valiant struggle with a mortal illness," to quote Mr. Obama, would have been truncated and terminated a lot sooner–repeat, a lot sooner–under the Democrats' prescription for the rest of us. In short, the "solution" now being hawked by the Democrats is being properly rejected by the American people as being the functional equivalent of 1000+ pages of snake oil. To his credit, Kennedy often had the downtrodden in America on his mind — therefore, it is doubtful that he would have wanted his name associated with snake oil.
Rick Saunders is a freelance writer who splits his time between endeavors in southern California and the American southwest. He began writing for America's Right in December 2008.


text:
The Office of Fair Trading (OFT) has closed down 62 debt management firms over the last year, in a move to enforce against "rogue operators". Several companies charging fees have been revealed to have misled customers regarding charges. In addition some have given bad advice.
Other Regulations and Enforcements
Other debt management companies have been asked to stop calling customers or pretending to be charitable organizations. Last September, a warning was given to 129 companies, which were given time to fix the problems before some were closed down.
Debt management companies need to hold a license to help customers with significant debt issues, according to the Consumer Credit Act. The OFT closed 50 companies in January of 2011 and a further 12 since then. They have been closed by removal of licenses, refusal of licenses, or surrender of licenses to the OFT.
A spokesman for the OFT said in a statement, "The OFT continues to take enforcement action against debt management companies where we find evidence of wrongdoing. Lesser enforcement action has been taken by the OFT in respect of a further four license holders."
Higher Standards
Rules have become much stricter recently, with companies not allowed to mislead customers using names, adverts, or advice. The OFT has left the companies without a doubt about their expectations and firms that do not abide by these expectations have been or will be shut down.
Companies are required to make clear their services and charges from the beginning and standards have been raised. The firms that were closed down were "not giving the advice or offering the solution that is in the best interests of the consumer, but instead that which is most profitable to them," according to the September 2010 report, which had appeared after an investigation lasting nearly a year.
In addition, some companies that had been closed had been revealed to have been pretending to be charities, pretending to offer free services and then charging, or pretending to be members of the government. In addition, a select few were revealed last May to have been keeping some of the money supposedly given to creditors, leaving already struggling families in a worse position.


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text:
Interested in hiring for next week 24 th to 28 th please confirm availbility
Hello Jacquie thank you for your message. Unfortunately we are already fully booked for this season now. Regards Sonya
Just spent the best weekend at this caravan. Lovely pitch and lovely touches such as cleaning products and tea and coffee. Could not recommend it highly enough.
Thank you Nikki. We are glad you had a lovely time. Hope to hear from you again soon. Kind regards Sonya
stayed for a week in August, we had a fantastic week, everything you need is there, and so many little touches that made our stay comfortable, loved it thanks
Thank you Hannah. We are glad you enjoyed your holiday. Kind regards Sonya
hi, just wondering if you hire your van out early December 2nd-6th? if so how much please, many thanks
Hi Sarah. Sorry the site facilities are closed to guests after the end of October so we drain our caravan down to make it safe over the winter period. Regards
thank you for a fabulous holiday! Would highly recommend this beautiful caravan, spotlessly clean, well stocked with all we needed and in a peaceful location.
Hi Sheila. I have just seen this message. Thank you so much and we hope you will consider us for your future holidays. Regards Sonya


text:
There's a possibility both Cardinal Newman center John Collins and Pine Crest's Antonio Vrankovic could see each other over the next few years.
Next year they will be rivals. On Tuesday, they're teammates. Sort of.
Both were named to the Florida Association of Basketball Coaches and Source Hoops Class 4A all-state first team.
Collins, a 6-foot-9 forward, will play at Wake Forest next season after leading Cardinal Newman to the state title game for the first time in 15 seasons. He was also named the Sun Sentinel's Class 5A-4A-3A-2A Player of the Year after averaging 20.2 points and 10. 3 rebounds
Vrankovic, a 6-11 center who is the son of former NBA center Stojko...


text:
Fruit Salad With Melon
|Cantaloupe/Honeydew melon
|Diced pineapple
|1⁄2 Cup (8 tbs)
|Fresh strawberries/Raspberries
|1⁄2 Cup (8 tbs)
|Seedless grapes
|1⁄2 Cup (8 tbs)
|French dressing
|1⁄4 Cup (4 tbs) (Adjust Quantity As Needed)
|Dairy sour cream/Cottage cheese
|2 Tablespoon (Adjust Quantity As Needed)
Split the melon, remove the seeds, peel, and cut in bite-sized pieces.
Mix the melon with the other fruits in any proportion desired.
Blend the fruits with French dressing made with lemon juice and sweetened with a Utile sugar.
Serve on lettuce leaves and top each serving with a tablespoon of cottage cheese or sour cream.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 987 Calories from Fat 337
% Daily Value*
Total Fat 38 g59%
Saturated Fat 8 g39.8%
Trans Fat 0 g
Cholesterol 15.6 mg5.2%
Sodium 810.6 mg33.8%
Total Carbohydrates 175 g58.2%
Dietary Fiber 17.1 g68.3%
Sugars 153.7 g
Protein 15 g30.6%
Vitamin A 1026.3% Vitamin C 1084.2%
Calcium 21.6% Iron 25.5%
*Based on a 2000 Calorie diet


text:
Our Gas Log Experts are Here to Help You...
We love talking about Gas Logs over the phone, it is our passion. First and foremost, we want to make sure your gas logs are safe and appropriate for your particular fireplace, because installing the wrong gas logs can create a serious safety hazard. Not all fireplaces can safely burn gas logs, so we strongly urge you to call and talk to our experts before you make a mistake. We will help you choose between the various burner and control options and make sure you end up with the best log set for your fireplace. We'll also make sure you get the best deal possible.
Call Now: 1-800-201-1193
Download Catalog: Peterson Contemporary Alternatives Catalog (pdf)
|"NEW" Gas Spheres
Fireballs - Spheres with a gas burner
|Glass Fires
Glass & Gems with a gas burner
|Geometric Shape Fires
Geometric shapes with a gas burner
|River Rock Fires
Artificial river rocks with a gas burner
|GF Burner System
Gas logs you can burn with your glass doors closed!
|Gas Burning Coals
Traditional style gas burning coal grate
|Gas Fireplaces
Peterson Direct Vent Gas Fireplace
|Outdoor Fire Pits
Peterson Outdoor Campfyres
Everything you need to know about Gas Logs. If you have a question about Gas Logs that you cannot find in these resources give us a call at: 1-800-201-1193 or send an email to our webmaster: email@example.com
Hansen Wholesale was the very first company to bring fireplace gas logs to the Internet introducing our first website back in 1994. Since then, we have been a definitive source for R. H. Peterson gas logs. As chief editor at HansenWholesale.com, I personally have been in the Gas Log business for over 30 years and installed thousands of gas logs in the past, and trained many others to do the same. Most of our gas log experts have been with us for over 10 years and have helped thousands of people like yourself purchase gas logs for their fireplace. Unlike other sites, this site is managed and edited by gas log experts, not by a web master who simply copies information from brochures or data sheets. Our experience fulfilling the needs of people searching online for gas logs is unsurpassed, so no matter how unusual (or usual) your situation might be, we are quite capable of (and truly enjoy) handling your needs.
You need to Talk to a Gas Log Professional before you purchase gas logs from any dealer!
With over 8,000 gas log and burner combinations on our site, you may find it a daunting task to determine the log and burner combination that is safe for your fireplace. To save time and minimize your risk, we prefer that you talke to our Gas Log experts and place your order over the phone. We will answer all of your questions and make sure that the gas logs you purchase will not only fit your fireplace and look great, but they will be safe for your particular application. If you call, we can also make sure you get the best price possible. Rather than spending hours reading through all of our documentation, we can help you make the right choice in a matter of minutes.
Thanks for choosing Hansen Wholesale!
QUESTION: I am looking for Peterson Model # SDPG46-18-17, but I do not see it on your web site. Do you carry it?
QUESTION: On a RH Peterson burner, what is the difference, or pros and cons from a G45A Burner and a G45 Triple T Burner? Is it just the certification or is there a performance difference as well?
QUESTION: I have a zero clearance fire place that had the chimney removed when the house was re-roofed. I never intend to burn wood in it again. It never worked very well burning wood. Ventless is an option, but what are my options for a vented log? I would not want to take the vent through the roof. Can it be vented to a side wall? What are the limitations for running vent horizontally (how long)? I live in St. Louis, MO. Firebox can handle a G10 18
QUESTION: I am looking at model HRG45-24-P-SS. the gas line comes into the fireplace from the left side (looking forward at the fireplace). Will this burner-log set work? When I looked at the instruction manual, the diagram shows the gas line on the right.
QUESTION: Cn I just order the burner since I already have a 24 " split oak log set? My existing burner is leaking. Am looking at the G46-24 SPK.
QUESTION: Hello, Thank you for taking my question. We have install installed a ventless fire place Patterson.. The unit was complete but had no logs supplied. Bought new logs. Can any ventless log be used with the burner. Or are the logs and burner sold only in sets?
QUESTION: I have a Peterson 18" gas log set I'm installing myself. The installation manual shows a right hand gas supply. My fireplace has a left gas supply. Can I just disassemble the burner pan and convert it to a left gas input and put the cap on the right? Or do I need to run a lot more pipe all the way from the left side to the right side? Thanks
QUESTION: We have a "Fire-Gear" vent-less propane fireplace. It gives off a noxious odor. We had it service but to no avail. We are thinking of replacing it w Peterson brand. Will this take care of our problem?
QUESTION: My daughter has vented gas logs in her bedroom which is about 24x36. It is her primary heat system. Recently we noticed that the ceiling and top part of her walls were becoming covered in black soot. Why would the logs start this and is it dangerous to them. They have a 1 month old that sleeps in that room as well. I have noticed that some of the baby toys that are plastic have the black on them also. I am very nervous about this. Would it be better for them to get ventless with a heatalator?
QUESTION: I have a Peterson real fire vented gas log system 18inch in my fireplace for several years and am very satisfied. I would like to change just the burner to make a vent free system for more heat. Is this possible. Thanks
Consumer Sales
Customer Service
Trade/Resale Accounts
Mailing Address and Warehouse
Hansen Wholesale 11132 Winners Circle Suite 100, Los Alamitos, CA 90720
Thanks for choosing Hansen Wholesale
Copyright © 1994-2016 Hansen Wholesale
The End


text:
Translation of "expenditure" - English-Catalan dictionary
(Translation of "expenditure" from the Cambridge English-Catalan Dictionary © Cambridge University Press)
Get a quick, free translation!
Create and share your own word lists and quizzes for free!
Word of the Day
a period of time during which an animal or person that might have a disease is kept away from other people or animals so that the disease cannot spread


text:
Manager - Operational Permanent Control
Standard / Permanent
Main Objectives & Purpose:
Position Objective:
To define and on an ongoing basis establish and maintain Governance Structure & Permanent Control Set-up for ARPC and other areas such as Administration, Vendor Management within Chennai set-up at BNP Paribas India Solution Private Limited.
Roles and responsibilities:
Establishing and maintaining Governance Structure
1. Ensure timely organization of Risk Committees to report risk health of ARPC Platform
2. Ensure timely preparation and submission of various dashboards as per stakeholder's requirements
3. Ensure timely and comprehensive contribution to ICC, PCC, PCR Reporting
4. Ensure adherence to SLAs for Chennai (IT as well as Non-IT)
5. Ensure timely closure of IG / other internal control / regulatory bodies such as Compliance, 2OPC recommendations and findings and ensure implementations of the same for other sites / processes if applicable If not closed, follow-up for the closure of the same
Establishing and maintaining Permanent Control Set-up
6. Ensure effective, timely and comprehensive migration of Level 1 and Control of controls for new activities and
Ensure ongoing monitoring of Level 1 controls and implementation of the "Control of Controls"
7. Ensure effective execution of "Control of Controls" for the existing activities and enhancing the coverage and depth of the same
8. Ensure timely and comprehensive preparation of Risk Mappings for new activities and review of risk mappings of existing activities
9. Ensure effective and timely implementation and ongoing management of ORUS for ARPC
10. Ensure effective and timely analysis of errors and incidents and implementation of corrective and preventive actions at ARPC
11. Monitor IT Errors (application errors), IT Events (system downtimes) and MO errors and report to IT OPC and MO respectively for implementing corrective actions.
12. Report all the incidents in the Forecast as per the defined thresholds and reporting guidelines
13. Ensure reduction in error and incident rate
14. Organize / Conduct training programmes on client confidentiality, new compliance guidelines, controls and operations risk for the ARPC. (Know Your Controls)
15. Contribute to various OPC related projects and initiatives launched by Region as well as HO
16. Execute control of controls for Administration, Vendor Management in Chennai as a part of support to Functions - OPC
Performance Assessment and Reporting (Transversal)
17. Design structure/ models for reportings based on the stakeholder requirements
18. Compile reportings, dashboards, analysis at requested periodicities and distribute to the stakeholders
19. Perform Budgetary controls and ensure timely reportings to Management
20. Execute relevant projects / analysis for betterment of reportings
Business Continuity Management
21. Ensure timely review of existing BIAs and inclusion of new activities
22. Ensure timely execution of BCP drills and sharing of results with stakeholders
Performance Parameters
- Effective assessment and reporting of operational risk management
- Effective coverage of operational permanent controls
- Effective coverage of performance management system
Effective coverage of Business Continuity Management
Contact Points & Interactions:
CIO, ISPL Chennai
- Head of ISPL Operations
- Head of OPC and Performance Management, ISPL Operations
- Head – ARPC
- Head – ARPC Chennai
- Other OPC Managers within ISPL
Head - OPC - Functions
- BCP Coordinator at ISPL
- Regional and HO Management, HO / Regional / Site OPCs, Site COOs
- India Territory BCM Manager
- IG / 2OPC / Other regulatory entity mission In-Charge
Technical Competencies
- General Risk Management Awareness
- Risk Identification, Risk Monitoring, Risk Mitigation, Risk Reporting Techniques and systems
- Familiarity with the Payments Products
- Familiarity with Banking back-office operations processes and systems
- Familiarity with Computer applications such as Excel, Word, PowerPoint
- Familiarity with BNP Paribas applications used under ARPC
General competencies
- Excellent Interpersonal skills
- Excellent ability to work in a multi-cultural, team-oriented environment
- Excellent ability to work independently
- Exhibit pro-activeness
- Excellent project management skills
- Demonstrate fine attention to details
- Excellent synthesis capabilities
- Excellent problem solving skills
- Excellent Service quality orientation
- Excellent ability to honour tight deadlines
- Excellent command over written and spoken English
Management competencies
- Ability to facilitate buy-in of stakeholders
- Ability to support / assist colleagues, client teams and management


text:
Netanyahu: Corporate media is responsible for Israeli crony capitalism
In an exclusive interview, Prime Minister Benjamin Netanyahu and leading economist Luigi Zingales discuss inequality, competition and the ills of the capitalist system. Netanyahu: If you want equality, real perfect equality, go to North Korea. What you want is a meritocracy.1 comments


text:
This instrument is included in our Dent, Dust & Ding sale through 11/20/17. Contact us for our sale price!
The Pursuit Concert WH captures Breedlove's distinctively crafted sound in an affordable package. Exuding an earthy, warm response from a light touch, the Englemann Spruce-mahogany wood set is one of the most esteemed tonewood combinations. The popular concert body top is made of Englemann Spruce, producing mature tones that are detailed and pleasing. Mahogany graces the back and sides. Includes built-in USB port for easy interfacing with recording software.
Body Type: Concert
Neck Wood: Mahogany
Solid Wood Top: Englemann Spruce
Solid Wood Back & Sides: Mahogany
Top Finish : Gloss White
Fretboard: Rosewood
# Frets: 20
Nut Width: 1-11/16"
Tuners Hardware: chrome w black buttons
Lower Bout Width: 15"
Waist Width: 9"
Upper Bout Width: 11 1/4"
Body Length: 20"
Body Depth: 3.75"
String Gauge: D'Addario EXP 16
Pickup: Fishman ISYS+ USB
Bridge: Pinless original
Binding: Black
Inlay: Centered dots
Case: Standard gig bag
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text:
Product Description
Two full albums- one great price! The Two-for-One series pairs past releases from prominent artists, offering two albums for the price of one.
Momentum - The third album from the dc talk solo projects has tobyMac going back to his hip-hop roots, with samples of familiar hooks combined with catchy rhymes and layered with gritty hard rock guitars. This album easily moves you with the smooth grooves of "In The Air" and rocks you with the blood pumping "Extreme Days."
Re:Mix Momentum - When tobyMac first threw down the gauntlet with the release of his debut solo album, Momentum, it wasn't so much a brazen hip-hopper's boast as it was a leap of faith. He trusted that any attention he'd be getting would be for where he was going, not for where he'd already been. He made it clear from the get-go there would be no resting on laurels for him on this journey. It was full steam ahead with no looking back, and that's clear from listening to this album. It boasts an impressive collection of remixes of all of the most popular songs from the original album.
Format: Audio CD
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text:
442, 760, 909Area
We want to make sure that you are aware of the suspected nuisance and scam calls in your area. We keep track of how users in our community phone book are identifying numbers to make sure that you have access to the most up-to-date information possible.
Most Frequent Types of Spam and Scam Calls
Real - Time Community Activity
Our Hall of Shame highlights the numbers of the worst spammers and scammers in Victorville, CA. Our community of users does a great job warning about the various scams out there. The numbers below the worst. They are the spam and scam numbers with the lowest Trust Factor ratings and the most negative feedback in Victorville, CA.
Rob calls trying to get your personal information
Called my work number, some kind of small business loan scammer. Where do these people come from??
Fake IRS call stating law suit against us is being filed
FCC Complaint: Prerecorded Voice
FCC Complaint: Prerecorded Voice
FCC Complaint: Abandoned Call
FCC Complaint: Abandoned Call
Kept saying hello. I didn't know the person. Prank caller
Really dumb and pathetic
Telemarketer with the same sales pitch, avoid if possible
But I want nothing to do with this person
I would like to know who this caller is , it would help
Wrong number from Victorville Ca
Left no message so I didn't try to call him back
Called from Victorville cs
Scammer asks people for money then runs inside and disappears
I am assuming this is a spam call or a "spoofed" call. Comes up as a school in CA. I live in NJ!?!?
Real phone of Joseph Cox but has been hijacked by scammers.
There are a couple of steps that you can take to prevent yourself from being a victim of a phone scam.
If you've been contacted by a potential scammer, be sure to file a complaint with the appropriate authorities.
Learn about CDMA cell phones, how they work, how CDMA is different from GSM, and how the technology is evolving.CallerSmart
Learn how to copy and paste numbers on your iPhone in order to run a reverse phone lookup to see who is calling.CallerSmart
Learn about GSM cell phones, how they work, how GSM is different from CDMA, and how the technology is evolving.CallerSmart
Facts about local number portability (LNP) and wireless local number portability (WLNP).CallerSmart
Helpful resources for senior citizens and their caregivers.CallerSmart
Helpful resources and tips on how to start a conversation with your teen about the dangers of sexting.CallerSmart


text:
Hannah Solo is creating illustrative and sequential style fan and original works
Patreon launched 351 days ago (Dec 23rd 2015)
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Popular Patreon Creators Patreon creators with a recent high growth rate.
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text:
Torrent Description
The torrent has 4 files, total 4.0GB, created at Jan. 22, 2015.
Torrent Tags
Happy? Share it!
Download Link
Download Infomation
The torrent has been downloaded 2508 times, the speed is very fast.
Torrent Contents ( 4 files)
Immoral School HD1.mp42.0GB
Immoral School HD2.mp42.0GB
Immoral School Thumbs.jpg1.0MB
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text: So I was jailbreaking my iPod Touch using a tutorial and I'm pretty sure that was doing it correctly. Instead of my iPod booting up, it took me to restore mode. When I tried to restore it (which I shouldn't have done), that's when my iPod completely shut down. I can't turn it on, itunes won't detect it, and I'm pretty sure that it's not in DFU mode. It's just a blank screen. Any help on how I can get my iPod to work? Sorry, I haven't jailbroken before so I don't know much about jailbreaking


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Excerpt from Blackwood's Edinburgh Magazine, Vol. 76: July December, 1854 A strong feeling of irritation, in fact, existed between the populations of Upper and Lower Canada, which was aggravated by the intermeddling and vacillating policy of successive colonial secretaries, by whom the agitating patriots (?) of the latter were shielded from the consequences of their turbulence and sedition, whilst the loyalists of the former, whose firmness ultimately saved its "brightest jewel" from being rest from the diadem of the British sovereign, had the cold shoulder of authority turned to them at every available opportunity, when such studied insult could serve to conciliate and flatter the disaffected. Upon both provinces imperial legislation was the means of inflicting serious discouragement. A constant tampering with the trade of the colony was carried on, alternately stimulating and depressing it, giving it now one direction and again another, until little certainty for the investment of capital could be said to exist. Upon this subject Mr T. C. Keefer, of Montreal, in his prize essay upon the Canals of Canada, written in 1861, remarks: - "A wise and liberal policy was adopted with regard to our exports previous to 1822. The products of either bank of the St Lawrence were indifferently exported to the sister colonies, as if of Canadian origin- and those markets received not only our own, but a large share of American bread-stuffs and provisions. Our timber was not only admitted freely into the British markets, but excessive and almost prohibitory duties were imposed upon importations of tins article from the Baltic, for the purpose of fostering Canadian trade and British shipping. The British market was closed by prohibition against our wheat until 1814, which was then only admitted when the price in England rose to about two dollars per bushel - a privilege in a great measure nugatory- but the West Indies and lower provinces gave a sufficient demand so long as a free export of American produce was permitted by this route... In 1822 the Canada trade acts of the imperial parliament, by imposing a duty upon American agricultural produce entering the British American colonies and the West Indies, destroyed one-half of the export trade of the St Lawrence- and the simultaneous abundance of the English harvest forbade our exports thither." It will be naturally inferred from the above that Canada had not, up to 1822, been an extensive exporter of agricultural produce of her own growth. Her population, however, were largely engaged in milling pursuits, in the manufacture of pot and pearl ashes,
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|Unknown Author
|Forgotten Books
|Data Published
|27 September 2015
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|PDF, Epub, DOCx, TXT
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|752 pages
|Age +
|5-9 years
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