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The stock of Zillow Group, Inc. (NASDAQ:Z) is a huge mover today! The stock decreased 3.64% or $1.31 during the last trading session, hitting $34.65. About 1.80 million shares traded hands or 99.52% up from the average. Zillow Group, Inc. (NASDAQ:Z) has risen 60.42% since February 29, 2016 and is uptrending. It has outperformed by 49.99% the S&P500.
The move comes after 9 months negative chart setup for the $4.32 billion company. It was reported on Oct, 1 by Barchart.com. We have $31.88 PT which if reached, will make NASDAQ:Z worth $345.60M less.
Analysts await Zillow Group, Inc. (NASDAQ:Z) to report earnings on November, 1.
Zillow Group, Inc. (NASDAQ:Z) Ratings Coverage
Out of 6 analysts covering Zillow Inc (NASDAQ:Z), 3 rate it a "Buy", 0 "Sell", while 3 "Hold". This means 50% are positive. Zillow Inc has been the topic of 14 analyst reports since July 31, 2015 according to StockzIntelligence Inc. The rating was maintained by Benchmark on Wednesday, November 4 with "Buy". On Thursday, July 14 the stock rating was maintained by Morgan Stanley with "Overweight". As per Wednesday, August 5, the company rating was maintained by Benchmark. The firm earned "Neutral" rating on Thursday, August 6 by Macquarie Research. The company was upgraded on Wednesday, May 4 by Cowen & Co. The rating was initiated by Susquehanna with "Neutral" on Monday, August 10. The firm has "Overweight" rating by Stephens given on Wednesday, August 26. The stock of Zillow Group, Inc. (NASDAQ:Z) has "Buy" rating given on Wednesday, August 5 by Morgan Stanley. The firm earned "Sector Perform" rating on Wednesday, November 4 by RBC Capital Markets. The rating was maintained by RBC Capital Markets on Wednesday, August 5 with "Sector Perform".
According to Zacks Investment Research, "Zillow Group, Inc. offers real estate and home-related brands on mobile and web. The company's brands focus on home lifecycle consists of renting, buying, selling, financing and home improvement. Its real estate and rental marketplaces of consumer brands includes Zillow(R), Trulia(R), StreetEasy(R) and HotPads(R). The company also works with real estate agents, lenders and rental professionals. Its business brands for real estate, rental and mortgage professionals, including Postlets(R), Mortech(R), Diverse Solutions(R), Market Leader(R) and Retsly(TM). Zillow Group, Inc. is headquartered in Seattle."
More notable recent Zillow Group, Inc. (NASDAQ:Z) news were published by: Investorplace.com which released: "Trade of the Day: Zillow Group, Inc. (NASDAQ:Z)" on September 21, 2016, also Fool.com with their article: "Why Zillow Group Inc. Stock Is Up 44.6% in 2016" published on July 16, 2016, Fool.com published: "Zillow Group, Inc.'s Legal Troubles Can't Hold It Back Anymore" on June 08, 2016. More interesting news about Zillow Group, Inc. (NASDAQ:Z) were released by: Fool.com and their article: "What to Watch When Zillow Group, Inc. Reports Q2 Results" published on August 03, 2016 as well as Fool.com's news article titled: "Why Zillow Group, Inc. Stock Popped Today" with publication date: May 04, 2016.
Z Company Profile
Zillow Group, Inc., incorporated on July 25, 2014, operates the real estate and home-related information marketplaces on mobile and the Web, with a portfolio of brands and products to help people find information about homes and connect with local professionals. The Company's brands focus on all stages of the home lifecycle: renting, buying, selling, financing and home improvement. The Company's portfolio of consumer brands includes Zillow, Trulia, StreetEasy, Bridge Interactive and HotPads. In addition, it provides advertising services to real estate agents and rental and mortgage professionals. The Firm also owns and operates a number of brands that offer technology solutions to real estate, rental and mortgage professionals, including DotLoop, Mortech, Diverse Solutions and Retsly. The Company's database includes over 110 million homes in the United States, including homes for sale, homes for rent and homes not on the market.
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What the whaaaaaaaaaaaaat??????
what did Mr. Osborne meant by a wedding?
and what did Jeremy meant by heart breaks?
plus Olivia Olson said they're gonna show more of the pre and post mushroom war
anyways what are your thoughts and prediction guys?Read more >

subset: commoncrawl


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Comfort Suites is an all suite property offering 62 inside corridor guest rooms on three floors. We offer deluxe Continental Breakfast each morning. We have an indoor pool, hot tub, fitness center, and sauna room. All of our rooms have a full-size sofa sleeper, modem ports, cable TV & in-room movies, microwaves, in-room refrigerators, coffee maker, iron and ironing board and hair dryers. Additional amenities include an elevator, handicap accessible and all rooms are non-smoking rooms, meeting facilities for up to 100 people and restaurants within a half mile of property.
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Sagittarius Man and Pisces Woman
Despite this pair being water and fire, the Sagittarius man and Pisces woman can really stay in it for the long haul. And if they've got beneficial placements of other astrological aspects in their respective natal charts, this could really be something in terms of a long lasting love affair. This is one of those cases where opposites attract, and stay attracted, as opposed to the initial fire burning brightly and then fizzling out after a month or so. So if you've like to know more about the astrological love compatibility of the Sagittarius man and Pisces woman, keep reading!
Sagittarius Man
This guy wants to be your hero. He's a little flaky, sure, but he's a typical male fire sign and he wants to sweep a woman off her feet. Unfortunately, the women he's usually attracted to are not the sort to enjoy such fairytales. Not so, the Pisces woman! She needs this. In fact, she's the only sign in the entire zodiac who knows -- KNOWS -- her prince is out there somewhere. And when she finds her Sagittarius prince she'll be more than willing to let him play the knight and rescue her from all that ails her. Sagittarius man will be floored by her ability to stare into his eyes with wonder and awe and revel in his famous talent for seeing the truth. The Sagittarius man will be in his element, because he's so truthful in all things and really needs a woman who can appreciate this.
Pisces Woman
Pisces chick needs a big strong man and Sagittarius man can pull this off. He may need a bit of corralling at times, and Pisces woman needs to be aware of this. She must be able to speak to him directly about these issues instead of retreating into her fairytale world and pretending nothing is wrong. Sagittarius man is honest to a fault and if you speak to him honestly he will respect this. If you need more direct attention from your social butterfly, you should tell him this. He's not flitting about at the party because he doesn't love you, it's simply in his nature to be social. You're the polar opposite in terms of outgoing behavior, so let him know you need him to flutter back over to you on a regular basis and you'll be able to reign that butterfly in.
Sagittarius w/ Other Signs
- Sagittarius Man and Gemini Woman
- Sagittarius Man and Leo Woman
- Sagittarius Man and Aries Woman
- Sagittarius Man and Virgo Woman
- Sagittarius Man and Taurus Woman
- Sagittarius Man and Scorpio Woman
- Sagittarius Man and Sagittarius Woman
- Sagittarius Man and Libra Woman
- Sagittarius Man and Capricorn Woman
- Sagittarius Man and Cancer Woman
- Sagittarius Man and Aquarius Woman
More by this Author
- 0
Learn about this zodiac match.
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Virgo's natural analytic abilities make them prime candidates for numerous jobs, like these!
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Do you have a vaginal blister or sore? Don't panic! Read on to learn more.


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Dried onion soup mix can be substituted for the sliced onions and garlic cloves and dried spices listed below.
- Yield
- 4 people
- 1 first-cut brisket
- two sliced onions
- 4 garlic cloves, halved
- 2 cups beef stock (or more)
- ketchup
- black pepper
- garlic powder
- onion powder
- 8 oz sliced mushrooms, optional
- Preheat oven to 400. Sear brisket quickly on each side on top of stove in dutch oven type of pan with lid. Remove brisket from pan. Put sliced onions and garlic cloves in bottom pan. Add sliced mushrooms if desired. Add enough beef stock to cover to 1/2 in. depth of pan. Sprinkle each side of brisket with dried spices and a generous zig zag of ketchup. Put lid on pan. Put in oven for 20 min. at 400. Then lower oven to 325, turn brisket and add another zig zag of ketchup. Repeat this for 2 hours, turning brisket at 1/2 hour intervals. Remove brisket from liquid, saving the gravy. Let meat cool for 15 min., then slice thinly.
Nutritional Info
- Calories1308
- Carbohydrates10 g(3%)
- Fat101 g(155%)
- Protein86 g(171%)
- Saturated Fat41 g(204%)
- Sodium506 mg(21%)
- Polyunsaturated Fat4 g
- Fiber2 g(7%)
- Monounsaturated Fat43 g
- Cholesterol426 mg(142%)


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from essay:
... They were accustomed to living in the open, to enduring great fatigue and hardship, and to encountering all kinds of danger."
The war against Spain and for the liberation of Cuba was one that would prove the superiority of America and its ideals. The United States, too, could join the nations of Europe as a major world power, with interests in every corner of the globe. Roosevelt became a hero as a result of his exploits in the Spanish-American War - a modern day crusader. He used his standing to vault to the governorship of the State of New York. As Governor he now headed the wealthiest most populous state in the nation, enjoying a position of influence and power unparalleled in his career. New York was the great melting pot, the entry point for the vast waves of immigrants that were arriving from Europe. Immigration in this era had changed dramatically from the earliest days of the Republic. Not only the numbers were different, but the people who came were different. To many, the teeming masses were a European version of the benighted peoples of the distant areas of the globe. Interestingly, it was after his election as Governor of New York in 1898 that Rudyard Kipling sent a copy of his poem "The White Man's Burden" to Roosevelt. His aim was simple, to convince Theodore to throw his weight behind the full American occupation and colonization of the Philippines, Spain's former colony in the Far East, - "Now go in and put all the weight of your influence into hanging on permanently to the whole Philippines. America has gone and stuck a pickaxe into the foundations of a rotten house and she is morally bound to build the house over again from the foundations or have it fall about her ears."
Roosevelt was a kindred spirit. His views also appealed to the general public. Added to McKinley's ticket as candidate for Vice president, Roosevelt carried the day with his expansionist rhetoric and support of the gold standard against William Jennings Bryan. Theodore appeared to have the pulse of the nation as he pronounced, "Speak softly and carry a big stick."
Roosevelt's tenure as Vice President was brief. McKinley's assassination in September 1901 propelled him into the nation's highest office. At only 42, he was the youngest president then or now. Seizing the opportunity, he quickly set about implementing his own ideas. Success in the Spanish-American War had placed the United States in a position of unique power in the Western Hemisphere. Theodore quickly used this leverage to formulate the Roosevelt Corollary - a new interpretation of the Monroe Doctrine that gave America the right to interfere in nations that were, from the American perspective, not being properly governed. Specifically, the Roosevelt Corollary applied the idea that a nation's inability to manage its debt would be an excuse for U.S. intervention, this intervention to be conducted as means of preventing one or other of the European powers form fulfilling the same role and so expanding its influence in the Americas. Oliver Wendell Holmes saw Roosevelt's new doctrine as a legitimate response to renewed European interest in Latin America, and as a fulfillment of America's role of protecting its fellow republics and ensuring their territorial integrity.
In foreign affairs, the new president's "big stick" was turning out to be a way to keep other nations in line. Successive presidents would use similar ideas, again and again, to enforce supposed American values; values that, like Theodore Roosevelt, they increasingly presented as universal concepts.
Universal ideas about how nations should behave were easily translated into notions of what the citizens of those nations might want. In this area, Theodore began at home. His "Square Deal" couched in trademark plain, no-nonsense terms the belief that ordinary Americans deserved the protection of government. They deserved equal standing in their dealings with the industrial behemoths that were in the process of taking over the American economy and, with it, running the day-to-day lives of average men and women. The Square Deal applied initially to the anti-trust measures that were gaining strength at the turn of the Twentieth Century. Roosevelt insisted on equality between the corporations and the workers. In essence, he sought to preserve order by preventing either side from gaining too much power, while recognizing the fact that rampant industrial growth was adversely affecting basic American notions of personal liberty.
The Hepburn Act of 1906 represented the very first time in American history that a president had gone directly to the people in his attempt to achieve legislation.
Congress had opposed the legislation as it took control over shipping rates away from the powerful railroads and placed it under control of the Interstate Communications Commission. Railroads were a fact of modern life, and Roosevelt was endeavoring to make their management fairer to the population at large and to those other businesses that made use of their services. It was an important step in direct Federal Government involvement in U.S. business.
1904 saw Theodore's Roosevelt's election to a second time - another validation of his policies and attitudes as he had never actually been elected to the office. The second term saw the beginning of the actual construction of the Panama Canal. Roosevelt had negotiated the treaty in 1903, overseeing the creation of an independent Republic of Panama. The treaty was forced on Colombia. In keeping with his firmly-held belief that he was only bringing inevitable progress, he had denounced Colombia's leaders as the "cutthroats and blackmailers of Bogota," and that nation's president as "Pithecanthropoid" - the last an aptly scientific-sounding insult from a man who did so much to urge America onto the path of conservation.
Social Darwinism was evidently the prelude to direct management of nature. The Panama Canal gave the United States control of a strategic sea route that linked the Atlantic (through the Caribbean Sea) and Pacific Oceans. Roosevelt's second term saw a continued push to project American power and influence. The Great White Fleet made its world tour from December 1907 to February 1909. This awesome show of American naval strength was quintessential Theodore. The nation showed off its very real military prowess while allowing other lands to observe America's industrial and technological skill. The entire voyage was also, in effect, a grand global pageant. The sight of so many large and modern warships flying the American colors was a spectacle that attracted the attention of the common people of the world along with their leaders. Still, this show of American Power could also backfire. The Latin American public was annoyed by the incessant moralizing that accompanied the ships, and they saw Roosevelt as all too willingly brandishing his "Big Stick" over much of Central and South America.
With the "wild "regions of the world suitable impressed or even cowed, President Roosevelt could attend also to the needs of biological nature. Theodore Roosevelt's presidency was instrumental in laying the foundations for today's conservationist movement. In 1903 he created the nation's first bird preserve and soon followed that up with the American Bison Society - an attempt to save the last of the nearly-extinct bison and preserve them for future generations. The United States Forest Service, which Roosevelt established in 1905, quickly came to head a network of national parks. Much as he strove to give the oppressed peoples of the world a place to call their won, and a chance to thrive, so too was he given animals and birds a chance to live as they were meant to live, free from human industrial and economic interference. Still, Roosevelt did not neglect the human aspect. He established the principle of managing these wild lands according to the principles of practical forestry. This meant that they would be open to logging under the right, "managed" conditions, an arrangement which presented few problems in the first half of the Twentieth Century as there was sufficient timber areas not actually within the national parks.
Once more Roosevelt was setting a precedent - Nature would be preserved but within the framework of human needs.
A final image of Roosevelt's legacy can be seen in his continued pursuit of the Congressional Medal of Honor for his actions as a Rough Rider at the Battle of San Juan Hill. Theodore always believed that the Medal of Honor was his due. In total disregard for his own safety, Theodore led four or five men up San Juan Hill under heavy enemy fire, all the while encouraging the remainder of the regiment to continue the attack. Roosevelt's fellow Rough Riders, both officers and men, always felt he deserved the Medal of Honor, and had, form the beginning commended his bravery. The circumstances of his feat were a statement of his values, a real-life embodiment of his commitment to physical heroism, personal resolve and initiative. The attack also showed his commitment to country and willingness to fight for…[continue]
"Theodore Roosevelt An American For" (2008, September 11) Retrieved December 7, 2016, from http://www.paperdue.com/essay/theodore-roosevelt-an-american-for-28197
"Theodore Roosevelt An American For" 11 September 2008. Web.7 December. 2016. <http://www.paperdue.com/essay/theodore-roosevelt-an-american-for-28197>
"Theodore Roosevelt An American For", 11 September 2008, Accessed.7 December. 2016, http://www.paperdue.com/essay/theodore-roosevelt-an-american-for-28197
assassination of President McKinley, Theodore Roosevelt, not quite 43, became the youngest President in the Nation's history. He brought new excitement and power to the Presidency, as he vigorously led Congress and the American public toward progressive reforms and a strong foreign policy. He took the view that the President as a "steward of the people" should take whatever action necessary for the public good unless expressly forbidden by law
Theodore Roosevelt and His Conservation Efforts In this paper, I have discussed the presidential efforts of Theodore Roosevelt regarding the conservation of natural resources in the United States of America. I have included details of the works done under his presidency concerning the environment preservation. In the last, I have insisted readers to hold this American president in the highest regard for his conservation efforts. In the American history, Theodore Roosevelt is
Theodore Roosevelt Writing Guidelines for History Identifications and Essays Your essay should have an introductory paragraph that in some way summarizes, encapsulates, suggests, shapes, and/or sets up the ideas, themes, facts, or whatever you are going to discuss in the main body of your essay. In other words, you should set forth your thesis. Here, in the main body of your essay, you should develop the principal ideas and themes, and support them
Yet, Theodore Roosevelt also found within the American nationalism a powerful civic culture that made the United States of America as a country that welcomed all kinds of people irrespective of where they came from, their racial identity and religious leanings as long as they were prepared to devote themselves to the country and observe the laws of the land. Theodore Roosevelt also loved the idea that the United
In the construction of Panama Canal, Roosevelt's primary objective was to curtail his fears that another nation would come up with the idea of building a passageway, wherein trade between the U.S. And other countries would be detrimentally affected, blocking the U.S.'s access to trade goods from Atlantic to Pacific Ocean and back. Through the Roosevelt Corollary, the then president implemented the Monroe Doctrine, which posits that European nations
Theodore Roosevelt Elected as President of the United States in 1901 and 1904, Theodore Roosevelt, while being one of the most ambiguous political figures in American history, was also extremely influential, both culturally and socially, and reflected the times in which he lived as no other President. His political beliefs and attitudes, both progressive and conservative, shaped many domestic and international events which took place in the early 1890's and
26th President was also the nation's youngest; although Teddy Roosevelt was not elected to his first term, he was already a popular politician. As the White House puts it, Roosevelt "brought new excitement and power to the Presidency, as he vigorously led Congress and the American public toward progressive reforms and a strong foreign policy," ("Theodore Roosevelt"). However, Roosevelt was and is known as much for his environmentalism as


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New Rainbow Business Hotel
Residency Road, Bangalore, Karnataka - 560 025
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New Rainbow Business Hotel, Bangalore - Location on Map
New Rainbow Business Hotel, bangalore
Starting from
Rs. 3,785
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New Rainbow Business Hotel, Bangalore - Overview
New Rainbow Business Hotel is located at 4 km from the Infant Jesus Shrine and is accessible from the Bangalore City Junction (6 km). This hotel in Bangalore provides free breakfast to guests. The 3-floor hotel has 24 rooms with en-suite bathrooms. Amenities in the rooms include ACs, LCD televisions, writing desks, and telephones with direct-dialing feature. The hotel offers room service (7 AM - 11. 30 PM), wake-up calls, and 24-hour security services. This Bangalore hotel has a travel desk that offers transportation service and houses a conference hall. Internet connection is available throughout the hotel. New Rainbow Business Hotel allows round-the-clock check-in/check-out. This hotel is accessible from the Kempegowda International Airport (36 km) and the Kempegowda Bus Station (6 km). Nearby places of interest include the Vidhana Soudha (4 km), Lalbagh Botanical Garden (5 km), and Bangalore Palace (5 km).
24 hr check-in/check-out policy.
This hotel allows you to check in at anytime on your check-in date. You can also check-out at the same time on your check-out date.
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New Rainbow Business Hotel, Bangalore - Rooms & Price
|Room Type
|Deals and Promotions
|Total Price
|Standard Room
|3 2
|Rs. 3,785
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|Deluxe Room
|3 2
|Rs. 4,391
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New Rainbow Business Hotel, Bangalore - Amenities
- 24-Hour Front Desk
- 24-Hour Security
- Business center
- Coffee shop or cafe
- Conference Room
- Front desk
- Internet Access
- LCD / Projector
- Newspaper
- Parking
- Restaurant
- Room service
- Telephone
- Transportation Service
- Travel counter
- Wake up service/Alarm clock


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Ratings based on 26 Verified Reviews
They paid and stayed. We double-checked.
4.8 Room cleanliness
4.6 Service & staff
4.5 Room comfort
4.5 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler from Freiburg
Tolle Privatlodge mit eigenem StrandPosted Nov 8, 2015
Pros: Faulenzen in den kleinen gemütlichen Pavillions am Meer. Schwimmen, Reiten, Essen.
Location: Yaniklar ist ein paar Fahrminuten von Fethiye entfernt. Dort lohnt sich die bazarartige Innenstadt, wer reiten will, geht zum Nachbarn Duran (ISAM)...
Das Gelände von Yonca-Lodge ist wunderschön, mit Rasen, Blumen, einem kleinen Fluss, einem Pool und natürlich dem eigenen Mittelmeerstrand. Hier fühlen sich einige Tiere wohl: Hühner, Enten, Gänse, Hund und Katzen. Die Umgebung ist traumhaft: Hinter uns die hohen Berge, vor uns das Meer mit einer Zahl kleiner Inseln, die zum Greifen nah scheinen. Das Zimmer, das wir hatten, war ein Dachzimmer. Es ist urgemütlich und hat einen Balkon zum Meer hin. Die Ausstattung lässt nichts zu wünschen übrig. Der Hauptpunkt sind aber die Besitzer. Wir wurden rührend umsorgt. Das Essen ist hausgemacht, das meiste davon aus dem eigenen Garten. Jetzt wissen wir auch wie Oliven vom Baum auf den Tisch kommen. Und auch Daniela, die Managerin, ist ein fröhlicher guter Geist im Hintergrund. Wir kommen gerne wieder!
by Nancy from Poulsbo
visit the country in FetheyePosted Oct 19, 2015 on Hotels
great quiet and private stay on the beach with animals and fruit trees all around
by A verified traveler
TraumhaftPosted Sep 23, 2015
Pros: Alles
Wir haben zehn Tage an diesem wundervollen Flecken Erde verbringen dürfen. Sehr aufmerksames und zuvorkommendes Personal, tolle Lage direkt am Strand.
by A verified traveler
Posted Jul 12, 2015
Wir haben eine wunderbare Woche als Paar in der Yonca Lodge verbringen dürfen. Die Herzlichkeit und Offenheit des gesamten Personals hat uns sehr beeindruckt. Die Tierwelt vor und der Umgang mit den Tieren war vorbildlich. Wir empfehlen die grüne Insel gerne weiter.
by youssef from Montréal
MagnifiquePosted Jun 11, 2015 on Hotels
by A verified traveler from York UK
Wonderful peaceful placePosted May 12, 2015
Pros: The staff are amazing, the place exudes calmness, food is home cooked using produce from garden. Eating by the beach watching the sun go down is wonde
Cons: The only drawback we found was the sound of a disco at a nearby resort which could be heard at night. Not sure how you could stop this.
Location: Location of resort perfect for a get away from it all trip. There is a bus service to Fethiye a short walk from hotel but little else in immediate vic
We had the most wonderful stay here. There are only 14 rooms so it is never overcrowded. Rooms are simple but very comfortable with good bathroom, tv, tea and coffee facilities and complimentary toiletries. The most lovely , well tended gardens supply the kitchens. There are hens and chicks roaming around and a creek full of fish turtles and eels. A lovely pool to swim in.Then you come to the restaurant on the beach. A wonderful view of the sea and islands at every meal and if the weather is cool a glass summerhouse to eat in. Food is home cooked and there is complimentary afternoon tea every day.But best of all are the lovely lovely staff who cant do enough for you.
by A verified traveler from Canada
Amazing experience and foodPosted Apr 20, 2015
Pros: (see "pros" above)
Cons: (see "cons" above)
We had an excellent experience at the Yonca Lodge. The staff are so nice and very accommodating. The pros for us were: amazing, fresh, food. The breakfast especially was something to look forward to, as well as the fresh fish for dinner. Location is so relaxing - on the beach, living among an incredible diversity of animals roaming free including chickens, roosters, frogs, cats, etc. The only cons were that we were there just before tourist season (mid-April), so the dinner menu was not elaborate. One other minor con was that there is a resort a few hundred meters away (club Majesty I believe) that played club music at night that we could hear in the distance. However, with earplugs it was fine to fall asleep. We would definitely recommend staying at the Yonca Lodge, and look forward to returning if we travel to the Fethiye area again in the future. P.S. The google maps location of Yonca Lodge is currently incorrect, so the hotel is difficult to find if using this software to locate the hotel upon first arrival.
by A verified traveler from Wellington, New Zealand
Better for those with cars. Bad comments by staff.Posted Oct 21, 2014
Beautiful setting and beautifully decorated rooms. However, I wouldn't recommend it for people without cars because it's far from Fethiye town, Oludeniz, Calis Beach etc. There are no restaurants or shops nearby. Second, the shower was dangerously boiling hot. I burnt my hand testing the water. Finally, I complimented the waitress on the breakfast and she replied, "Be careful. You're getting fat!" Shocking experience. I won't be coming back or recommending this place
Comment from Hotel Management
Mar 12, 2015 by Yonca Lodge Family , Hotel Management
Dear Guest, Thank you for taking time to comment on your accomadation.About your recommendation, we kindly would like to remind that there are regular buses to Fethiye in every 15 minutes which is an interchange stop for famous places. Your constructive and helpful comments will help us evaluate and improve ourselves to serve you better. We will ensure you that all your comments will be taken into consideration and we will make required improvements. Please accept our apologies about dialogue between you and our teammate. We wished that you wouldnât have such an experience but we will try to diminish all negative aspects in the future. Kind Regards, Yonca Lodge Family
by A verified traveler from Oxford
Excellent hotel welcoming and quiet beachPosted Sep 13, 2014
Pros: Quiet and relaxing with friendly staff and private beach.
Location: Regular buses into Fethiye with excellent links to other places. We really enjoyed the boat tours around the islands.
Lovely personal welcome when our taxi arrived. Very welcoming staff all very eager to help and all with brilliant English. Lovely afternoon tea on the beach!
Comment from Hotel Management
Mar 12, 2015 by Yonca Lodge Family , Hotel Management
Dear Guest, Thank you very much for your lovely comments. We are motivated with your nice comments and it was a pleasure to welcome you at Yonca Lodge As you mentioned, boat tour is an unmissable activity in Fethiye. By the way, we are preparing new recipes for afternoon tea. We look forward to seeing you again. Best Wishes, Yonca Lodge Family
by Faby from Thiene
Posto incantevolePosted Jul 21, 2014 on Hotels
L'hotel è in un posto strategico, molto carino immerso nel verde con la spiaggia privata. Lo consiglio! Ma ci sono anche delle cose che non mi sono piaciute: Noi avevamo la stanza al secondo e ultimo piano, e ogni volta che si apriva un rubinetto si accendeva la pompa con un rumore fastidiosissimo. Abbiamo chiesto di cambiare stanza per questo. Sono stati gentili e ce l'hanno cambiata. La colazione è buona, la cena invece lascia molto a desiderare, in quanto in tutta la turchia abbiamo mangiato benissimo e solo qui siamo rimasti male. Peccato!
Comment from Hotel Management
Nov 29, 2014 by Ozge Koca, Hotel Management
Dear Our Guest, Thank you for your kind comments , they are very important to us to evaluate and improve ourselves to serve you better. The sound is going to checked definetly. Looking forward to see you again in the future. Sincerely, Yonca Lodge


text:
Shock Doctor Men's AirCore Compression Shorts w/ Hard Cup
Product Information:
For high level performance and protection, wear the Shock Doctor® Adult AirCore Compression Shorts with Hard Cup. Its rigid core cup is constructed with a foam shell for light impact protection, while the ultra-cup retention system helps to secure the cup pocket in a more natural position. Enhance your game-day safety with the Shock Doctor® Adult AirCore Compression Shorts with Hard Cup.
- Compression shorts with hard cup
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Country of Origin: ImportedWeb ID: 70854756
Customer Reviews:
Rated 4.8 out of 5�by 4 reviewers.
Rated 4 out of 5�by Andy Very light and comfortable The only reason for the missing star in the rating is the price. so far the comfort has been great. Very light and durable cup. The compression shorts are not too tight in the waist like the jock strap is. August 1, 2016
Rated 5 out of 5�by JJ Nice product Very good product thought it was better then under armour sliding pants! May 24, 2016
Rated 5 out of 5�by Hockey25 Awesome By far the most comfortable cup I've ever worn. It feels like your not even wearing one, which is great! May 7, 2016
Rated 5 out of 5�by Mike Comfort and Protection to the Max! Right out of the box, these were perfect. The shorts have been improved so it is easier to insert and remove the cup from the pocket even when worn. I had previously just purchased the cup by itself and used it with shorts that were designed for the other cups. While it worked, it was not as nice as this new system, so highly recommend getting both the shorts and cup together. April 18, 2016
1-4 of 4


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Free Shipping On All Orders Over $89.99
Ideal for scarifying baselines, cutouts and home plate areas, as well as daily nail dragging of infield skin. Constructed of plastic lumber and hardened 1/4" steel spikes and can be pulled in either the 3'W or 2'W direction by simply changing the tow rope connection point. Fits easily between the 3 foot line and the foul line on the first base side. Pull rope included. Ships UPS.
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The Baseball/Softball Drag Mats Collection
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…saw this recipe on the bag of the Gold Medal all natural whole wheat flour bag and had to try it. They were just as good if not better than regular chocolate chip cookies.
dessert chips chocolate cookies baking flour whole wheat
love the perspective & dof – look delicious – fabulous job :)
Thank you deb. When I was young, grade school through academy, I enjoyed making cookies. It has been a while, I don't bake so much anymore, but the recipe was too tempting not to try.
This gets my attention….and makes me hungry…..
Thank you brendan. They were delicious. I just made some more this weekend. I was out of buttter & substituted with olive oil, and they turned out more of a shortbread whole wheat cookie, soft in the middle, but still very good.
They look so yummy! I will have to try them with the whole wheat. Great shot!
Thank you Jen! As I get older I am trying to cook/bake healthier. This was a nice surprise!
They look delicious.
Thank you Sharon. I was pleasantly surprise, they were just as good (to me) as the regular kind!
Oh Yummy! Great food photo!
Thank you Stephen…umm looking at them again makes me want to make some more.
Nice to meet a healthy baker, LoL. I'm always trying to slip whole wheat or milled flaxseed into my baking. My family…..not always appreciative, ha! I may have to try this on them though…=)…cute photo.
LOL…I know! Thank you.
Congratulations, 20/09/2011…Shirley
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If you would like ARCHFASHION to try to and find it for you complete the form below.
The evolve - tan-pine by blonde ambition is sold out. We did have tan-pine / 37, tan-pine / 38, tan-pine / 39, tan-pine / 40


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Psst... Ready to join TalkBass and start posting, make new friends, sell your gear, and more? Register your free account in 30 seconds.
I got a G&L L-5000 on this fine fine evening... *PICS*
Discussion in 'Basses [BG]' started by Mike Money, Oct 19, 2004.
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United States District Court, Third Circuit
September 5, 2013
MORGAN TRUCK BODY, LLC, Plaintiff,v.FREDRICKSON DISTRIBUTION LLC, Defendant. and RICHARD BACON, Defendant
JAMES KNOLL GARDNER, District Judge.
NOW, this 4th day of September, 2013, upon consideration of the following documents:
(1) Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint, which motion was filed November 23, 2012; together with
(A) Letter dated December 21, 2010 from Randy Jenkins, Vice-President of Strategic Corporate Sourcing, Morgan Corporation, to Mr. Rick Bacon, Fredrickson Distribution; and
(B) Memorandum of Law in Support of Defendants Fredrickson Distribution LLC and Richard Bacon's Motion to Dismiss Plaintiff's Second Amended Complaint;
(2) Memorandum of Law in Opposition to Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint, which memorandum was filed by plaintiff on December 6, 2012;
(3) Second Amended Complaint, which Plaintiff filed on November 7, 2012; together with
(A) Exhibit A, Confidentiality and Non-Disclosure Agreement made on May 28, 2009 between plaintiff, Morgan Truck Body, LLC and defendant Fredrickson Distribution, LLC;
and for the reasons expressed in the accompanying Opinion,
IT IS ORDERED that Defendant's Motion to Dismiss is denied.
IT IS FURTHER ORDERED that defendants shall have until September 20, 2013 to file and serve an answer to the Second Amended Complaint.
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By THOMAS C. (Intel), Added
Tablet users can download Internet videos and watch any time with this convenient application.
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glossify.js allows developers to create fantastic looking images across all modern desktop and mobile browsers. glossify.js uses HTML5 Canvas which is compatible with the latest Android and Apple iOS (iPhone/iPad) phones and tablets.glossify.js is a jQuery plugin that transforms any image into a beautiful and colourful glossy sphere.
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Cm402 8mm Feeder Kxfw1ks5a00 - Chinaprice: contact company for price
supplying PANASONIC CM402 CM602 FEEDER, and we have in stock for CM402 FEEDER, and the details are as below:
In addition, from upper cover to screws, all of CM402 Feeder' s spare parts are available. Welcome your choosing , please visit website: .
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Mexico Loves Destination Weddings
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Southern Region: Colonial-Chiapas, Campeche & Yucatan
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Guadalajara is a modern metropolis with an international flair that very much retains its colonial traditions.


text:
This is your resource to discuss support topics with your peers, and learn from each other.
I want to handle deletion of my app. If user tries to delete the app, need to throw a prompt to the user, based on user input will be going further with the deletion OR cancelling it.
Are there any ways I can get the deletion event.?
I might be worng but I think there is no way to do that.
You are corect klz, there is no way to do that nor is it likely that there will ever be a way. Just think of the pesky apps that would allow, preventing you from deleting those apps.
Basically what I need is to delete all the files associated with the app when the app is deleted.The files are in shred location, since I want to support app upgradation, so I cannot keep the app related files in the app specific folders.
03-04-2013 05:30 AM - edited 03-04-2013 06:28 AM
I think the best you could do is warn your users of this within your app and provide a way to delete those files themselves from your app. While you are doing this you might as well ask for feedback as well for why they are deleting.
03-04-2013 06:26 AM - edited 03-04-2013 06:37 AM
Hi Simon,
The OP is asking to delete files on deletion of the app. If he wished to delete them on upgrade or re-installation then certainly he would need to do this.
03-04-2013 07:15 AM - edited 03-04-2013 07:17 AM
Simon, I was puzzled at your response so rereading back, you can read the sentence two ways in his follow-up post, I've read it one way you the other.
It could mean;
1) I want to delete files on deletion of the app. My problem is I have files in a shared folder for those who upgrade.
2) I want to delete files on deletion of my app to clear them for users upgrading.
I read it the first way as this was what was in the first post and the other immediate responses were saying it wasn't possible to do.
Perhaps some clarification is in order so we are not talking at cross purposes.
Below is the scenario:
I have an app that is installed, it has some settings written to some files. By default the files resides in app's data folder.
Usaully when I delete the app the files in data folder of app is cleared.
So, if just updating the app, by installing another version of the app without manually deleting the existing app will not delete the files created by the previous version, then I am OK with that, else I may need to save those file external to app's data folder.


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United States District Court, N.D. California
April 25, 2013
JOSE RAMIREZ ET AL., Plaintiffs,v.GHILOTTI BROS. INC. ET AL., Defendants
Page 1198
[Copyrighted Material Omitted]
Page 1199
Page 1200
For Jose Ramirez, Marck Mena Ortega, Luis Gomez, Plaintiffs: Elisa J Stewart, LEAD ATTORNEY, Elisa J Stewart, San Francisco, CA; Gay Crosthwait Grunfeld, Jenny Snay Yelin, LEAD ATTORNEYS, Blake Thompson, Kathryn Grzenczyk Mantoan, Rosen Bien Galvan and Grunfeld LLP, San Francisco, CA; Laura Barbara Boysen-Aragon, LEAD ATTORNEY, Attorney at Law, Rosen Bien Galvan and Grunfeld LLP, San Francisco, CA; Wendy Ellen Musell, LEAD ATTORNEY, Stewart & Musell, San Francisco, CA.
For Ghilotti Bros., Inc., Defendant: An Nguyen Ruda, Louiae Ann Fernandez, Michael J. Hassan, LEAD ATTORNEYS, Jeffer Mangels Butler & Mitchell LLP, Los Angeles, CA; An H. Nguyen, Jeffer, Mangels, Butler & Marmaro, Los Angeles, CA; Patricia Marie DeSantis, Jeffer Mangels Butler Mitchell LLP, Los Angeles, CA.
Page 1201
This is a Fair Labor Standards Act (FLSA) case. Plaintiffs allege that Defendant Ghilotti Bros., Inc. (" Ghilotti" ), a construction company, failed to provide proper meal and rest periods, failed to provide accurate wage statements, and did not pay overtime and minimum wages owed on account of uncompensated work it required its employees to perform. Plaintiffs focus on Ghilotti's practice of not paying its " driving laborers" for time spent at the beginning and the end of their shifts loading and unloading Ghilotti trucks and driving between Ghilotti loading areas and job sites. According to Plaintiffs, those uncompensated tasks usually took between and 2 and 3 hours each day.
Three motions are pending: (1) Plaintiffs' motion for conditional collective action certification, (2) Ghilotti's motion to dismiss, and (3) Plaintiffs' motion to strike Ghilotti's affirmative defenses. The Court finds these matters suitable for disposition without oral argument, see Civil Local Rule 7-1(b), and VACATES the hearings set for April 26, 2013.
Plaintiffs Jose Ramirez, Luis Gomez, Marck Mena Ortega, and the (" at least 100 more" potential[1]) opt-in Plaintiffs are present and former Ghilotti laborers whose work included loading and unloading trucks and the transportation of necessary construction equipment to and from job sites before and after their shifts. See Sec. Am. Compl. ¶ 41 (" Loading and Transport Subclass[2]" ).
According to declarations and documents Plaintiffs submitted in connection with this motion, Ghilotti requires that materials and equipment be transported between its job sites and its loading areas at the beginning and end of work days. To that end, Ghilotti maintains a list of laborers with driver's licenses who may drive Ghilotti company trucks. Ortega Decl. (dkt. 33-2) ¶ 3.[3] Ghilotti laborers call the Ghilotti dispatch center the afternoon or evening before a potential work day, and a prerecorded message tells them (1) if they are working, and, if so, (2) at which site, (3) when they have to arrive at the site, (4) whether they must drive a company truck, and, if so, (5) which truck and (5) which equipment must be transported on that truck. Id. ¶ 6.
A laborer assigned to drive a company truck must determine himself what time to show up at the Ghilotti loading area, which
Page 1202
involves working backwards from the shift start time specified by dispatch and estimating loading and driving time from the loading area. Id. Once at the loading area-often a company yard in San Rafael-the laborer must inspect the truck, fill it with oil and gas, collect and load the dispatch-specified materials into it, and then drive to the job site. Id. ¶ 7. That process usually takes between 1 and 1.5 hours. Id.
At the end of the shift at the work site, the driving laborer must collect the materials he transported to the job site and load them back on to the company truck (sometimes with the assistance of non-driving laborers), and then drive the truck back to the Ghilotti loading area and unload the materials. The post-shift loading and transportation process usually takes between 1 and 1.5 hours. Id. ¶ 9.
According to Plaintiffs, Ghilotti does not pay driving laborers for any of those pre- and post-shift loading and transport duties. Id. ¶ 11. Rather, their pay stubs reflect only the hours spent working at the job site " during [their] official shift[s]." Id. Plaintiffs also say that their experiences of not being paid for driving and loading time did not vary by supervisor. Id. ¶ 12.
In 2007, Ghilotti briefly decided to provide some compensation to driving laborers for their driving-related tasks through a " monthly driving bonus," Ramirez Decl. (dkt. 33-3) ¶ 13 & Ex. A (Ghilotti memo titled " New Driving allowance procedure-sign-out for trucks" ), which was a separate check. Ortega Depo., Grunfeld Decl., Ex. D at 138:22-139:15. The practice ended after " a few months." Id. ¶ 13.[4] It was not replaced with any other system of compensating drivers for the loading and driving time. Id.
And, according to one plaintiff, Ghilotti retaliated against him by denying him future shifts when he complained about not being paid for time spent driving and loading. See Hodgkinson Decl. ¶ 12 (" When I would bring it up, inevitably I was told that I was on a 'no work schedule' when I next called dispatch. . . . I once asked . . . why I had not been scheduled to work[, and was told] that when I was ready to start driving trucks again without a problem, I would be put back on a work schedule." ); see also Gomez Decl. ¶ ¶ 12-13 (supervisor threatened to deny future shifts).
Plaintiffs filed suit in state court in June 2012 under state and federal wage and hour statutes. See dkt. 1, Ex. A. After Plaintiffs filed an amended complaint in July, Ghilotti removed the case to federal court in August 2012 on the basis of federal subject matter jurisdiction. Id. Ghilotti filed its Answer in September 2012, dkt. 12, and this Court granted Plaintiffs' motion for leave to amend their complaint to add new claims in January 2013. See dkts. 25, 27. So far, partial depositions have been taken of the three named plaintiffs and Ghilotti's " person most knowledgeable" about the company's dispatch and record-keeping practices. See Cert. Mot. at 4.
Now before the Court are three motions: (1) Plaintiffs' motion for conditional collective action certification under the FLSA; (2) Ghilotti's motion to dismiss; and (3) Plaintiffs' motion to strike Ghilotti's affirmative defenses.
A. Collective Action Certification
Under the FLSA, individuals may bring suit " in behalf of himself or themselves
Page 1203
and other employees similarly situated." 29 U.S.C. § 216(b). The statute does not define " similarly situated," however, and neither has the Ninth Circuit.
See Lewis v. Wells Fargo & Co., 669 F.Supp.2d 1124, 1127 (N.D. Cal. 2009) (Wilken, J.). Within this Circuit, to determine whether plaintiffs are similarly situated, courts take a two-step approach. Id.
First, the court makes an initial, conditional determination of whether plaintiffs are similarly situated, " deciding whether a collective action should be certified for the purpose of sending notice to potential class members." Id. The initial notice stage determination uses a " lenient [standard] that typically results in certification." Id. (citing Wynn v. National Broadcasting Co., Inc., 234 F.Supp.2d 1067, 1082 (C.D. Cal. 2002)). Plaintiffs must simply provide " substantial allegations, supported by declarations or discovery."
Kress v. PriceWaterhouseCoopers, LLP, 263 F.R.D. 623, 627 (E.D. Cal. 2009). And, courts need not even consider evidence provided by defendants at this stage. Id. at 628 (citing Lewis, 669 F.Supp.2d at 1128).
Then, once discovery is complete, and usually prompted by a defendant's motion for decertification, the court makes a second determination, using a stricter standard. Id. At that point, the court " must make a factual determination" as to the " propriety and scope of the class," considering " (1) the disparate factual and employment settings of the individual plaintiffs; (2) the various defenses available to the defendants with respect to the individual plaintiffs; and (3) fairness and procedural considerations."
Leuthold v. Destination America, Inc., 224 F.R.D. 462, 467 (N.D. Cal. 2004) (Walker, J.).
Even at that second stage, the showing that must be made for collective actions is less stringent than what is required under Federal Rule of Civil Procedure Rule 23-" [a]ll that need be shown by the plaintiff is that some identifiable factual or legal nexus binds together the various claims of the class members in a way that hearing the claims together promotes judicial efficiency and comports with the broad remedial policies underlying the FLSA."
Lewis, 669 F.Supp.2d at 1127 (citing Wertheim v. Arizona, 1993 WL 603552 at *1 (D. Ariz. 1993)).
Although courts occasionally skip the initial, notice stage determination,
see, e.g., Basco v. Wal-Mart Stores, Inc., at *15 (E.D. La. July 2, 2004), courts in this Circuit overwhelmingly " refuse to depart from the notice stage analysis prior to the close of discovery,"
see Kress, 263 F.R.D. at 629 (citing, among other cases, Labrie v. UPS Supply Chain Solutions, Inc., 2009 WL 723599 at *3 (N.D. Cal. Mar. 18, 2009) (Hamilton, J.)).
B. Motion to Dismiss
A motion to dismiss pursuant to Rule 12(b)(6) tests the legal sufficiency of the complaint.
Ileto v. Glock, Inc., 349 F.3d 1191, 1199-1200 (9th Cir. 2003). Dismissal is proper where a cause of action fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). The Rule calls for sufficient factual matter to " state a claim to relief that is plausible on its face."
Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell A. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). On a motion to dismiss, all well-pleaded allegations of material fact are taken as true and construed in the light most favorable to the non-moving party.
Wyler-Summit P'ship v. Turner Broad. Sys., Inc., 135 F.3d 658, 661 (9th Cir. 1998). A complaint should not be dismissed without leave to amend unless it is clear that the claims could not be saved by
Page 1204
Swartz v. KPMG LLP, 476 F.3d 756, 760 (9th Cir. 2007).
C. Motion to Strike
A party must " affirmatively state any avoidance or affirmative defense." Fed.R.Civ.P. 8(c). " Affirmative defenses plead matters extraneous to the plaintiff's prima facie case, which deny the plaintiff's right to recover, even if the allegations of the complaint are true."
FDIC v. Main Hurdman, 655 F.Supp. 259, 262 (E.D. Cal. 1987) (citing Gomez v. Toledo, 446 U.S. 635, 640-41, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980)). In contrast, a defense that alleges that plaintiff has not met its burden of proof is not an affirmative defense.
Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir. 2002).
Federal Rule of Civil Procedure 12(f) permits a court to " strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." A ruling on a motion to strike affirmative defenses must be based on matters contained in the pleadings.
See Kelly v. Kosuga, 358 U.S. 516, 516, 79 S.Ct. 429, 3 L.Ed.2d 475 (1959).
A defense may be insufficient as a matter of law or as a matter of pleading. Sec.
People, Inc. v. Classic Woodworking, LLC, No. C-04-3133, 2005 WL 645592, at *2 (N.D. Cal. Mar. 4, 2005). As a matter of law, an affirmative defense is insufficient where " there are no questions of fact, that any questions of law are clear and not in dispute, and that under no set of circumstances could the defense succeed."
Ganley v. Cnty. of San Mateo, No. C06-3923 TEH, 2007 WL 902551, at *1 (N.D. Cal. Mar. 22, 2007).
As a matter of pleading, the Ninth Circuit has long held that " [t]he key to determining the sufficiency of . . . an affirmative defense is whether it gives plaintiff fair notice of the defense."
Wyshak v. City Nat'l Bank, 607 F.2d 824, 827 (9th Cir. 1979). While the Ninth Circuit has not directly addressed the issue, most district courts in this circuit agree that the heightened pleading standard of Twombly and Iqbal, which followed Wyshak, is now the correct standard to apply to affirmative defenses.
See, e.g., Powertech Tech., Inc. v. Tessera, Inc., No. C 10-945 CW, 2012 WL 1746848, at *4-5 (N.D. Cal. May 16, 2012); Perez v. Gordon & Wong Law Group, P.C., No. 11-CV-03323-LHK, 2012 WL 1029425, at *6-8 (N.D. Cal. Mar. 26, 2012) (collecting cases).
The Wyshak opinion relied on Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) in formulating the " fair notice" rule, and Twombly and Iqbal effectively abrogated Conley.
See Powertech Tech., Inc., 2012 WL 1746848, at *5 (citing Perez, 2012 WL 1029425, at *6). Also, the underlying rationale of Twombly--to give fair notice to the opposing party--is equally applicable to affirmative defenses, " given the purpose of Rule 8(b)'s requirements for defenses."
Barnes & Noble, Inc. v. LSI Corp., 849 F.Supp.2d 925, 929 (N.D. Cal. 2012). Applying the heightened pleading standard to affirmative defenses " will also serve to weed out the boilerplate listing of affirmative defenses which is commonplace in most defendants' pleadings where many of the defenses alleged are irrelevant to the claims asserted." Id.
Accordingly, Defendant's affirmative defenses must contain sufficient factual matter to state a defense that is " plausible on its face."
Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell A. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).
A court may also strike a matter in an answer that is immaterial or impertinent. Fed.R.Civ.P. 12(f). Immaterial matter is " that which has no essential or important relationship to the claim for relief
Page 1205
or the defenses being pleaded."
Fantasy, Inc. v. Fogerty, 984 F.2d 1524, 1527 (9th Cir. 1993), rev'd on other grounds, 510 U.S. 517, 114 S.Ct. 1023, 127 L.Ed.2d 455 (1994). Impertinent matter does not pertain, and is not necessary, to the issues in question. Id.
Where a court strikes an affirmative defense, leave to amend should be freely given so long as there is no prejudice to the moving party.
Wyshak, 607 F.2d at 826.
A. Collective Action Certification[5]
Ghilotti presents four arguments in opposition to the motion for conditional certification: (1) Plaintiffs have not met their burden of showing the existence of a single decision, policy or plan tying together the collective; and, even if they have, (2) the statute of limitations should be set at two years because Plaintiffs have not shown willfulness; (3) a third-party administrator should be appointed to protect the privacy rights of putative collective members; and (4) the Proposed Notice is prejudicial and should be amended.
1. A Single Decision, Policy, or Plan
Ghilotti argues that it has procedures in place to ensure that employees are paid for all time worked; in essence, the company blames the employees for not requesting that they be paid for the time at issue. Employees receive a weekly report summarizing their hours worked, and that report includes a section where employees can note errors and specify additional time actually worked. Taylor Decl. (dkt. 40) Ex. B. Ghilotti says that the named plaintiffs testified at their depositions that they knew about those forms, that they understood they could submit claims for additional time, and that no one ever told them that they could not submit such a form for driving and loading duties.
Indeed, Ghilotti says that Plaintiffs admitted during their depositions to being compensated, at least on some occasions, for transport and loading duties. See Ramirez Depo., Ruda Decl. (dkt. 41) Ex. B at 112-13 (stating that he was paid for travel time on one occasion); Ortega Depo., Ruda Decl. (dkt. 41) Ex. C at 132-33 (stating that supervisor let him leave early to return truck to yard " five to ten times" between 2008 and 2011).
Ghilotti also says that the company's relevant decision-making is decentralized and placed largely in the hands the twenty to thirty foreman who supervise each job site, such that " no two job sites are alike, and no job description or set of rules universally applies to any laborer's experience from one job site or one foreman to the next." Cert. Opp'n at 4. In Ghilotti's view, the issue of uncompensated work is thus highly individualized and unsuitable for collective adjudication.
Plaintiffs' burden at this stage is light, and they have met it. Plaintiffs offer substantial allegations and evidence that Ghilotti had a universal practice of requiring that driving laborers perform loading and transport duties before and after their " official shifts" without compensation. In substance, the allegations here are equivalent to those in
Escobar v. Whiteside Constr. Corp., No. 08-01120-WHA, 2008 WL 3915715 (N.D. Cal. Aug. 21, 2008), where the court held that conditional certification was warranted.
Page 1206
That individual supervisors deviated from that practice on rare occasions does not mean that the practice did not exist or that conditional collective certification is inappropriate.[6] And employees might not use the payroll discrepancy forms to insist on being paid for driving and transport duties for a variety of reasons, such as a fear of retaliation, see Hodgkinson Decl. ¶ ¶ 11-13, or a universal understanding that such a request would be futile, see Gomez Depo., Grunfeld Decl. (dkt. 45-1) Ex. B, at 93.[7] Anyway, Ghilotti was required to pay its employees for the time they worked regardless of how insistently the employees complained about the company's failure to do so.
Accordingly, the Court GRANTS Plaintiffs' Motion for Conditional Collective Certification.
2. Willfulness
An FLSA violation is willful if the " employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute."
McLaughlin v. Richland Shoe Co., 486 U.S. 128, 133, 108 S.Ct. 1677, 100 L.Ed.2d 115 (1988). In cases involving " willful" violations, the normal two-year statute of limitations for FLSA violations is extended to three years. See 29 U.S.C. § 255(a).
Where the issue of willfulness is disputed, district courts often conditionally certify the three-year period upon a preliminary showing, and reserve final ruling on the issue until later in the litigation.
E.g., Stuven v. Texas De Brazil (Tampa) Corp., No. 8:12-CV-1283-T-24TGW, 2013 WL 610651, at *5-6 (M.D. Fla. Feb. 19, 2013); Francis v. A& E Stores, Inc., No. 06-Civ-1638-CLB-GAY, 2008 WL 258851, at *3 (S.D.N.Y. June 26, 2008).
Here, Plaintiffs have made an adequate threshold showing that Ghilotti management knew that its employees were required to perform uncompensated work. The company itself briefly experimented with a policy to provide some kind of compensation for driving duties, which is consistent with the company itself recognizing the problem. Also, Plaintiffs have put forth some evidence that key management personnel knew about the practice but refused to change it. See Hodgkinson Decl. ¶ 12 (" [Ghilotti President] Mike Ghilotti was quite candid about the fact that [Ghilotti] did not pay for Loading and Transport duties performed by Laborers. On more than one occasion, I heard him tell Laborers that if they didn't want to get in a truck and load it, they should go somewhere else and he could get other workers to take their place." ); Dent Decl. ¶ 12 (stating that declarant overheard conversation where employee noted to Mike Ghilotti that laborers were complaining about driving off-the-clock, and asked if time clocks could be put in trucks, to which Mike Ghilotti responded " no, that's not going to happen" ).
Accordingly, the Court conditionally certifies a collective covering a three-year period.
3. Use of a Third-Party Claims Administrator
Plaintiffs are seeking the names, addresses, telephone numbers, and e-mail addresses of potential Plaintiffs from 2009 to the present, and Ghilotti argues that the Court should require that notice be disseminated by a third-party administrator " to protect the privacy interests of those potential class members who do not wish to 'opt in.'" Cert. Opp'n at 10. In their view, third-party administrators " ensure the neutrality and integrity of the opt-in process."
Page 1207
Ghilotti says that the cost of a third party administrator should be about $2,000; Plaintiffs say that only accounts for one mailing and does not include costs required to follow-up if the mailing generates no response.
Plaintiffs aver that they will use the contact information only for purposes of notifying potential plaintiffs in this action, and will only resort to e-mail and telephone if a mailed notice generates no response.
Both sides cite district court cases deciding whether a third party administrator is desirable, with no discernible pattern underlying the decisions. Requiring a third-party administrator here would drive up Plaintiffs' costs, and Ghilotti has offered no persuasive reason to adopt a general presumption-nor any facts specific to this litigation suggesting-that plaintiffs' counsel will violate their professional responsibilities.
Accordingly, the Court DENIES the request to require a third party claims administrator.
4. Specific Objections to the Proposed Notice
Ghilotti proposes numerous changes, only three of which merit any discussion:
o Change the " TO:" line by adding the underlined language: " Individuals employed as Laborers by Ghilotti Bros., Inc "
o Shortening the notice period from 90 days to 60 days
o Adding a space on the opt-in form for the employee to provide the last four digits of the employee's social security number
" TO:" Line: Plaintiffs say that " Laborer" is a term of art under the Ghilotti Master Labor Agreement, and the definition of the Loading and Transport Subclass is not limited to Laborers. Though it is not clear whether, as a practical matter, people employed in positions other than " Laborer" would qualify as collective members, the proposed notice language tracks the definition of the collective, and so the Court REJECTS Ghilotti's proposed change.
Notice Period: Another case from this district observed that " timeframes of sixty to ninety days appear to have become the presumptive standard in this district."
Sanchez v. Sephora USA, Inc., No. 11-03396-SBA, 2012 WL 2945733, at *6 (N.D. Cal. July 18, 2012). Plaintiffs say that " employees covered by the collective action include individuals who are not native English speakers and who may be more difficult to track down once they have stopped working for the company," and so thirty additional days could make a difference in response rates. Cert. Reply at 12. Ghilotti does not explain how a 30-day difference will have any meaningful impact on the overall efficiency and cost of the litigation, and since Plaintiffs have offered a reason it may result in more effective notice, the Court REJECTS Ghilotti's proposed reduction of the opt-in period from 90 to 60 days.
Social Security Numbers: Finally, Ghilotti's request to require partial social security numbers on the opt-in form runs contrary to its consistent position that this is a relative small, readily-identifiable group of employees. Ghilotti has not offered any reason to believe that it will be difficult to confirm that people responding to notices sent to names and addresses in the company's records were, in fact, former employees. Ghilotti's proposed change is unnecessary therefore REJECTED.
Ghilotti's remaining proposed edits concern matters of subtle emphasis and style, none of which the Court concludes are necessary. None of the challenged portions
Page 1208
are misleading or inaccurate in any material respect. Accordingly, they are REJECTED.
Ghilotti argues that (1) certain claims added in Plaintiffs' Second Amended Complaint should not relate back to the filing of the original complaint under Federal Rule of Civil Procedure 15(c); (2) certain other claims " must relate back only to the date of the specific pre-lawsuit letters which gives the employer notice of the alleged violations" ; and (3) Plaintiffs' " request for IWC penalties under Labor Code § 558 must be dismissed as an unlawful attempt at double recovery."
As a threshold matter, Plaintiffs argue that these are not proper bases for a motion to dismiss because " Federal Rule of Civil Procedure 12(b)(6) cannot be used to challenge only certain allegations within a cause of action." MTD Opp'n at 2. Plaintiffs say that Ghilotti is " request[ing] that the Court determine the extent of [Ghilotti's] liability before Plaintiffs have an opportunity to take discovery on the scope and time period of Defendant's violations." Id.
In fact, however, these issues were ripe for decision under Rule 15 when Ghilotti raised them in opposition to Plaintiffs' Motion for Leave to File the Second Amended Complaint, see dkt 21; this Court deemed it prudent to defer ruling on them until Ghilotti presented all of its legal arguments challenging the Second Amended Complaint, and the Court stated in its Order that it would address them if brought again in connection with a motion to dismiss, see Order (dkt. 25), which is precisely what Ghilotti has done.
No amount of discovery will inform or alter the outcome of any of the three issues Ghilotti raises; they require decisions about abstract questions of law and the application of that law to the pleadings. Resolving those issues now will clarify the scope of Ghilotti's potential liability and move the litigation forward. The Court accordingly finds the issues suitable and appropriate for resolution at this time, whether construed as a motion under Rules 15, 12(b)(6), or 12(f). Cf. Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir. 1983) ( " [T]he function of a 12(f) motion to strike is to avoid the expenditure of time and money that must arise from litigating spurious issues by dispensing with those issues prior to trial . . . ." ).
1. Relation Back of New "Waiting Time Penalties" Claims in the SAC
Rule 15(c)(1)(B) provides that a new claim asserted in an amended pleading relates back to the date of the original pleading when the new claim " arose out of the conduct, transaction, or occurrence set out-or attempted to be set out-in the original pleading." " The policies underlying the statute of limitations are implicated" in the relation-back analysis, and " amendment of a complaint is [thus] proper if the original pleading put the defendant on notice of the 'particular transaction or set of facts' that the plaintiff believes to have caused the complained of injury.'"
Percy v. S.F. Gen. Hosp., 841 F.2d 975, 979 (9th Cir. 1988).
The test calls for the district court to " compare[] the original complaint with the amended complaint and decide[] whether the claim to be added will likely be proved by the 'same kind of evidence' offered in support of the original pleading." Id. " [T]he purpose of Rule 15(c) is to defeat the bar of statutes of limitations, and is liberally applied especially if no disadvantage will accrue to the opposing party."
Rural Fire Protection Co. v. Hepp, 366 F.2d 355, 362 (9th Cir. 1966).
Page 1209
Ghilotti challenges Plaintiffs' addition in their Second Amended Complaint of new claims for " waiting time penalties" under California Labor Code § 203. See SAC ¶ ¶ 35, 36, 63, 70. Plaintiffs' original complaint alleged that Ghilotti failed to provide proper meal and rest breaks, failed to pay Plaintiffs minimum wages and overtime compensation owed, and failed to furnish accurate wage statements. See generally Compl., dkt. 1-1. The new claims assert that Ghilotti had a practice of " effectively and involuntarily discharg[ing]" class members during the rainy season by not giving them any shifts, SAC ¶ 35, and that the practices alleged in the original complaint thus also violated California Labor Code sections requiring prompt payment to employees of overtime and minimum-wage compensation due to them upon discharge. See id. ¶ ¶ 63, 70.
Ghilotti says the claims should not relate back because they arise from a " completely new set of allegations" concerning seasonal staffing. MTD at 6. That overstates matters. The claims in Plaintiffs' original complaint would be proven with evidence that Ghilotti did not provide proper meal and rest breaks, and required uncompensated work. The " waiting time penalties" claims would be proven with " the same kind of evidence," but would only apply to employees who were discharged at some point in the limitations period. Ghilotti can hardly claim surprise that some of its construction laborers were discharged over the multi-year period at issue in this case.
One court facing a similar amendment concluded that a new waiting time penalties claim should relate back since the " [d]efendant was put on notice that it would have to defend against claims concerning its policies and practices with regard to overtime, timekeeping, and rest breaks."
DeLodder v. Aerotek, Inc., No. CV-08-6044-CAS-AGRx, 2009 WL 1684409, at *5 (C.D. Cal. June 15, 2009)). This Court reaches the same conclusion.
2. "Relation Back" of New PAGA Claims in the SAC
The parties next argue about whether Plaintiffs' newly added claims under California's Private Attorneys General Act (PAGA), Cal. Labor Code § 2698, et seq., relate back to the original pleading. The statute of limitations on Plaintiffs' PAGA claims is one year.
See Moreno v. Autozone, Inc., No. 05-04432-MJJ, 2007 WL 1650942, at *2 (N.D. Cal. June 5, 2007). PAGA itself provides that the statute of limitations is tolled while a plaintiff exhausts his administrative remedies with California's Labor and Workforce Development Agency (LWDA) prior to suit, which is required by the statute. See Cal. Labor Code § 2699.3(d). Another provision in PAGA, California Labor Code § 2699.3(a)(2)(C), provides that " [n]otwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part."
Here, Plaintiffs' original complaint included allegations that Ghilotti failed to provide required rest and meal periods, and also failed to pay minimum and overtime wages owed to its employees. See Compl. (dkt. 1-1) ¶ ¶ 1-2. Plaintiffs first notified the LWDA of their rest break and minimum wage claims under PAGA in a June 2012 letter, and filed their original complaint on the same day bringing PAGA claims reflecting those theories. See Compl. (dkt. 1-1) ¶ 87; Grunfeld Decl. (dkt. 24-1) Ex. B. Later, in November 2012, Plaintiffs sent a second letter to the LWDA, this time notifying it of Plaintiffs' meal period and overtime claims under PAGA. The SAC added the PAGA claims identified in Plaintiffs' November 2012 LWDA letter.
Page 1210
In similar cases where plaintiffs have filed a complaint alleging all of the relevant facts and then later timely exhausted administrative remedies and amended the pleadings to include PAGA claims, courts have permitted the later PAGA claim to relate back to the filing of the original complaint, even where that complaint predated the filing of the administrative claim.
See Martinez v. Antique & Salvage Liquidators, Inc., No. C09-00997-HRL, 2011 WL 500029, at *9-10 (N.D. Cal. Feb. 8, 2011);
Waisbein v. UBS Fin. Servs. Inc., No. C-07-2328-MMC, 2008 WL 753896, at *1 (N.D. Cal. Mar. 19, 2008).
Ghilotti's argument that the claims should relate back only as far as the November 2012 LWDA letter rests on the premise that " PAGA claims do not accrue until statutory notice is provided." See MTD at 7. That is not the law. In fact, as explained in the case Ghilotti itself cites, PAGA's administrative exhaustion requirement is a precondition to suit, but it does not affect the date that a plaintiff's PAGA claim accrues.
See Moreno, 2007 WL 1650942, at *4.
Ghilotti will suffer no unfair prejudice or surprise by confronting PAGA claims relating back to the original complaint, as that complaint alleged all of the relevant facts underlying the PAGA cause of action.
3. PAGA Penalty "Double Dipping"
Ghilotti insists that Plaintiffs' SAC requests penalties " under both PAGA and Labor Code § 558 for each instance of a failure to comply with an overtime provision of an IWC wage order," and that a recent California case precludes such " double dipping."
See Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal.App.4th 1112, 1132-33, 138 Cal.Rptr.3d 130 (Ct. App. 2012).
Plaintiffs say the SAC requests no such thing. Rather, it seeks only California Labor Code section 558 penalties under PAGA. MTD Opp'n at 9. And, Plaintiffs correctly note, Thurman acknowledged the availability of section 558 civil penalties in a PAGA action. See 203 Cal.App.4th 1125-26, 1132-33. The Court's review of the SAC has identified no specific request for PAGA penalties under both California Labor Code section 558 and an IWC wage order.
Accordingly, Ghilotti's motion to dismiss is DENIED in its entirety.
C. Motion to Strike Affirmative Defenses
Ghilotti's Answer to Plaintiffs' SAC asserts fifteen affirmative defenses. See dkt. 31 at 15-18. Plaintiffs accurately characterize all fifteen as " brief legal conclusions, entirely devoid of any factual allegations," and move to strike them. Mot. Strike at 4. Plaintiffs also argue that many of the asserted defenses could not be saved by amendment, either because they are not actually affirmative defenses, or because they fail as a matter of law based on the facts alleged in the complaint.
Ghilotti's opposition rests on the premise that some pleading standard lower than Twombly and Iqbal applies to affirmative defenses-a position this Court rejects for the reasons set forth above. See Part II.C. And, Ghilotti has not responded at all to Plaintiffs' detailed breakdown of which affirmative defenses could be saved by amendment, conceding the issue.[8]
Page 1211
The Court accordingly GRANTS Plaintiffs' motion to strike all fifteen affirmative defenses, and grants Ghilotti leave to amend only as to its eighth, ninth, and fourteenth affirmative defenses.
For the foregoing reasons, the Court GRANTS Plaintiffs' Motion for Conditional Collective Certification, DENIES Ghilotti's Motion to Dismiss, and GRANTS Plaintiffs' Motion to Strike. Regarding conditional certification, the Court ORDERS:
1. Certification of a collective action of the Loading and Transport Subclass is approved. As described in the operative complaint, the conditionally certified collective action class is comprised of:
All present and former non-exempt employees of Defendant who have worked at a construction site, yard, or loading area as a laborer at any time from four years prior to the filing of this action, until the resolution of this action, whose work included the loading and unloading of Defendant's trucks and the transport of necessary construction equipment to and from job sites prior to the start of their shifts and following the conclusion of their shifts.
Dkt. No. 27, ¶ 41.
2. Within 10 days of this Order, Defendant shall provide to Plaintiffs the contact information, including names, addresses, telephone numbers, and email addresses, if available, for all members of Loading and Transport Subclass. Defendants shall provide this contact information for all laborers who have worked for Defendant at any time since June 2009 who are or were either on the company's " eligible driver" lists or who have driven a truck to or from a job site for Defendant Ghilotti (the " List" ). At a minimum, this list must include any employee listed as driving a Ghilotti truck on any of Defendant's dispatch reports from June 2009 to the present.
3. If there is any dispute about the scope of the List, Defendant shall provide the required contact information for all individuals for whom there is no dispute within 10 days of this Order, and then the parties shall meet and confer to attempt to resolve any disputes about the scope of the proposed List of potential class members. After any necessary meet and confer, a complete list must be provided to Plaintiffs within 20 days of this Order. If there remains a dispute about the List, the parties may return to Court through a motion with time shortened from 35 to 14 days, with simultaneous briefing seven days before the hearing.
4. Plaintiffs' proposed Notice of Court Certification is approved. Plaintiffs are authorized to send the Notice in English and Spanish to all members of the certified collective class. The Court also authorizes Plaintiffs to send a second notice, substantially the same as the first, as a reminder forty-five days after the issuance of the first notice.
5. In order to ensure that all potential class members are aware of their right to join the collective action, within 30 days of
Page 1212
this Order, Defendant shall also be required to post the Notice in English and Spanish at each of Defendant's four yards on a piece of paper at least 8.5 by 11 inches in a prominent location accessible to potential class members.
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Why don't you give it a try and compare ㅈㅅ to yourself ? Or if you are ㅈㅅ get even more feature rich & up-to-date stats with our premium Twitter Stats.
Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.