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Stainless Steel Seamless Pipe
Sat Oct 15, 2016 06:50
Stainless Steel Seamless PipeStainless steel seamless pipe, also known as stainless steel seamless tube, is a long hollow cylinder used for moving fluids (liquids or gases). "Stainless seamless pipe" and "stainless steel tube" are almost interchangeable, although minor distinctions exist-generally, a tube has tighter engineering requirements than a pipe. Jiangsu Sheye Metal is a professional manufacturer specialized in manufacturing stainless steel seamless pipes in large, medium, and small diameters. Various steel grades stainless steel seamless pipes are produced with complete specifications and supreme quality. Sheye Metal has fine equipment and complete quality management, establishes modern quality management system, introduces internationally advanced technology and adopts international advanced production technique. Seamless stainless steel pipes are widely used in such industries as petroleum, chemical industry, machinery, electric power, chemical fiber, papermaking, printing and dyeing, food and pneumatic parts etc. The company is provided with complete inspection equipment and adopts technical standards for products such as: stainless steel seamless pipe for fluid transportation, stainless steel seamless pipe for construction, stainless steel seamless for boiler and heat exchanger. The outside diameter of seamless stainless we produce ranges from 4.0mm to 1219mm. The wall thickness is 0.5mm to 100mm. For metal, we are serious.Specification of Stainless Steel Seamless Pipe Size OD: 4.0 ~ 1219mm; WT: 0.5 ~ 100mm; Length: 6m, 12m, Max.18mProcess Seamless, Cold Drawn, Cold Rolled, Hot RolledEnd PE(Plain End), BE(Beveled End), NPT, BW(Butt Weld End)Surface Aid Pickling, Polishing(180#, 220#, 240#, 320#, 400#, 600#)Theoretical Weight(kg/m) Weight/meter = (OD-WT)*WT*0.02507 Both OD and WT in mm.Note: OD is the specified outside diameter.WT is the specified wall thicknessStainless steel pipes shall be pickled free of scale. When bright annealing is used, pickling is not necessary.Main Grades of Stainless Steel Seamless PipeAustenitic/Super Austenitic Stainless Steel Seamless Pipe 304, 304H, 304L, 304LN, 321, 321H, 316, 316L, 316LN, 316Ti, 317L, 310S, 310H, 314, 347H, 904L, S31254, N08367, N08926, S32654, S31277 Ferrite/Super Ferrite Stainless Steel Seamless Pipe 405, 430, 439, 444, TP446-1/TP446-2, S44660, S44735, S44736 Duplex/Super Duplex Stainless Steel Seamless Pipe S31500, S31803, S32205, S32304, S32520, S32550, S32750, S32760 Martensite/Super Martensite Stainless Steel Seamless Pipe 410S, 410, 420, 420J2, 431, 17-4PH, 13Cr110, 17Cr110/125 Nickel Alloy Seamless Pipe N04400, N05500, N06600, N06601, N06025, N06617, N06625, N06690, N08810, N10276, N06022, N10665, N10675, N08020, N08028, N08031, N06985, N06030, N06035, N07750Production Standard of Stainless Steel Seamless PipeGB GB 5310, GB13296, GB/T 9948, GB/T14976, GB/T14975 ASTM ASTM A213/213M(ASME SA213/SA213M), ASTM A312/312M(ASME SA312/SA312M), ASTM A789/789M(ASME SA789/SA789M), ASTM A790/790M(ASME SA790/SA790M), ASTM B163(ASME SB163), ASTM B423(ASME SB423), ASTM B407(ASME SB407), ASTM B668(ASME SB668) DIN DIN 17456, DIN17458 EN EN10216-5 JIS JIS G3459, JIS G3463Tolerances in Wall Thickness (ASTM A312) of Stainless Steel Seamless PipeNPS Designator Tolerance, % from Nominal Over Under 1/8 to 2-1/2 incl., all t/D ratios20.012.53 to 18 inch., t/D up to 5% incl.22.512.53 to 18 inch., t/D>5%15.012.520 and larger, welded, all t/D ratios17.512.520 and larger, seamless, t/D up to 5% incl.22.512.520 and larger, seamless, t/D>5%15.012.5Note:t = Nominal Wall Thickness;D = Ordered Outside Diameter.Tolerances in Outside Diameter (ASTM A312) of Stainless Steel Seamless PipeNPS Designator Tolerances in Outside Diameter Over Under In. mm In. mm 1/8 to 1-1/2, incl.1/64 (0.015)0.41/32 (0.031)0.8Over 1-1/2 to 4, incl.1/32 (0.031)0.81/32 (0.031)0.8Over 4 to 8, incl.1/16 (0.062)1.61/32 (0.031)0.8Over 8 to 18, incl.3/32 (0.093)2.41/32 (0.031)0.8Over 18 to 26, incl.1/8 (0.125)3.21/32 (0.031)0.8Over 26 to 34, incl.5/32 (0.156)4.01/32 (0.031)0.8Over 34 to 48, incl.3/16 (0.187)4.81/32 (0.031)0.8Tolerances in Straightness (ASTM A312) of Stainless Steel Seamless PipeSpecified OD, in. Specified Wall Thickness, in. Maximum Curvature in any 3ft, in. Maximum Curvature i Total Length, in. Up to 5.0 incl.Over 3% OD to 0.5, incl.0.0300.010 x length, ftOver 5.0 to 8.0, incl.Over 4% OD to 0.75, incl.0.0450.015 x length, ftOver 8.0 to 12.75, incl.Over 4% OD to 1.0, incl.0.0600.020 x length, ftPacking Information of Stainless Steel Seamless PipeStainless steel seamless pipes from Sheye Metal are packed according to the customer's requirement. To avoid any damage which might be caused during international transportation, we provide some optional packaging methods, including woven bags, plywood cases, and wooden boxes.If you are going to buy high quality stainless steel seamless pipe in stock, please feel free to contact Sheye Metal, which is one of the well-known manufacturers and suppliers of good stainless steel seamless pipe. url:
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Civil Engineers: MP Professional Examination Board (MPPEB) Recruitment 2016 – 2017
Sub Engineer (Civil)
Location: Bhopal, Madhya Pradesh
Description: Madhya Pradesh Professional Examination Board (MPPEB) has notified about the recruitment process for Civil Engineer Posts. Candidates having educational qualification of Civil Engineering shall apply online through http://www.vyapam.nic.in OR www.mponline.gov.in before due date of 25.05.2016 – 2017. MPPEB Recruitment May 2016 – 2017.
Madhya Pradesh Professional Examination Board (MPPEB)
Name of post:
Sub Engineer (Civil): 516 Vacancies
Age limit:
40 years maximum
3 years Govt. Diploma in Civil Engineering.
How to apply:
Candidates have to apply online and pay Rs.500 (250/- for reserve applicant) Application Fee.
Last Date:
Apply before 24.05.2016 – 2017 (Written Test: 30.06.2016 – 2017)

subset: commoncrawl


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Articles on this page are available in 1 other language: Spanish (1) (learn more)
Brief Summary
Physical Description
Diagnostic Description
Magellanic Subpolar Forests Habitat and Amphibian Associates
The Magellanic subpolar forests is an ecoregion dominated by trees of the genus Nothofagus; this geographic zone covers the western part of the southern end of South America as well as the extreme southern parts of Argentina and Chile, known as the region Tierra del Fuego; this ecoregion is the southernmost forest biome on Earth. The Magellanic subpolar forests ecoregion is colder and in parts drier than the Valdivian temperate forests, and in general is floristically poorer.
Faunal species richness and endemism is low; for example, a total of only 168 vertebrates has been recorded here. The fauna is related to that of the bordering ecoregions, especially to that of the Valdivian temperate forests and the Patagonian steppe. Nevertheless, its varied and majestic landscapes that include high mountain peaks, enormous icefields, and innumerable fjords are inhabited by unique and endemic animal and plant species that are sometimes locally abundant within this ecoregion.
Soils of the ecoregion are varied, mostly depending on climate, but are generally acid due to high precipitation, low drainage, and slow decomposition of organic matter in relation to low temperatures. Towards the south and west podsols and acid brown forest soils develop in places with better drainage, and peat accumulates in less drained areas with bogs and tundra vegetation.
The vegetation shows principally two types of forest: chiefly evergreen Guindo Beech (Nothofagus betuloides) forests to the west and deciduous Lenga (Nothofagus pumilio) and Antarctic Beech (Nothofagus antarctica) forests towards the east that extend into Argentina. In Tierra del Fuego the evergreen forests are found to the south and the deciduous forests towards the interior. The deciduous forest is formed by almost pure stands of Nothofagus pumilio at lower elevations, in different combinations with the more ecologically tolerant Nothofagus antarctica, which prevails in more arid situations or less drained soils. In frost pockets a heath dominated by Empetrum and Bolax is found. In humid or wet places of these forests especially rich raised bog-communities grow dominated by Sphagnum, and grasses in the families Juncaceae and Cyperaceae.
Thirteen amphibians are found in the ecoregion, all of whom are anuran taxa. Some species of amphibians are characteristic of the ecoregion including the Patagonian Toad (Nannophryne variegata); Marbled Wood Frog (Batrachyla antartandica), found from Mehuin to the Virtudes Islands; Island Spiny-chest Frog (Alsodes monticola), known only from Inchy, in coastal southern Chile; Gray Wood Frog (Batrachyla leptopus), found from Neuquén to lower Río Negro in Argentina, and Concepción to the Aysén Region in Chile.; Gray Four-eyed Frog (Pleurodema bufoninum), occurring in the Patagonian steppe and subpolar forests; Emerald Forest Frog (Hylorina sylvatica), ranging in Chile from the western versant of the Cordillera de Nahuelbuta to Laguna San Rafael, and in Argentina, found in several locations at Nahuel Huapi National Park (southern Neuquén Province and northwestern Río Negro Province) and at Los Alerces National Park (northern Chubut Province); Banded Wood Frog (Batrachyla taeniata), found from Neuquen Province to the lower Rio Negro Province; Chiloe Island Ground Frog (Eupsophus calcaratus), found from Valdivia to Wellington Island in Puerto Eden, Chile to Tromen Lake and Puelo Lake in Argentina; Darwin's Frog (Rhinoderma darwinii VU), occurring in Chile from the province of Maule south to the province of Aisen, and in the Argentine provinces of Neuquen and Rio Negro.
Several amphibians are strictly endemic to the Magellanic subpolar forests, such as the Puerto Eden Frog (Atelognathus grandisonae), known only from the type locality at Puerto Eden, Wellington Island; Alsodes kaweshkari, found in only two localities: Puerto Edén at Wellington Island and Seno Huemules, both in southern Chile; and Nibaldo's Wood Frog (Batrachyla nibaldoi).
Conservation Status
Bufo variegatus
Nannophryne variegata, known also as the Eden Harbour toad or Patagonian toad, is a species of toad in the Bufonidae family. It is found in southern Argentina (from Neuquén southwards) and Chile. There is also a record from Peru, but this requires confirmation given its great geographic and ecological isolation.[2] It occurs in Tierra del Fuego south to 53°S, making it the southernmost amphibian in the world, a record shared with Batrachyla antartandica.[1]
Its natural habitats are temperate to cold humid forests, bogs, and Magellanic tundra. It occurs in marshes, under logs in the Nothofagus forest region as well as tundra surrounded by low stature Nothofagus forest in the subantarctic region. Reproduction takes place in shallow temporary pools and swamps. It is a locally abundant species that tolerates some disturbance.[1]
- ^ a b c Úbeda, C., Veloso, A., Núñez, H., Basso, N. & Blotto, B. (2010). "Nannophryne variegata". IUCN Red List of Threatened Species. Version 2014.3. International Union for Conservation of Nature. Retrieved 8 March 2015.
- ^ Frost, Darrel R. (2014). "Nannophryne variegata Günther, 1870". Amphibian Species of the World: an Online Reference. Version 6.0. American Museum of Natural History. Retrieved 8 March 2015.
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Mina's Dish
A Cut Above
I try a new take on steak and peppers
By Mina Yamashita
When it comes to flavor, it's hard to beat a well-marbled rib eye. But when it comes to cost without sacrificing flavor, I go for the flatiron. It comes from the top of the shoulder and is sometimes called a top blade, top boneless chuck or petite steak. It's used in steak frites in restaurants, and it's sometimes hard to find at a standard grocer. When trimmed out by a good butcher, a tough, sinewy membrane down its center is removed to leave a perfect steak for the grill.
Sergio Salvador salvadorphoto.com
Cafe Green
Fresh ideas in seasonal cuisine
By Ari LeVaux
Meat, of all the ingredients a restaurant serves, is arguably the most deserving of care in how it is sourced. Unless, perhaps, the name of the restaurant in question is Cafe Green. At the three-year-old Downtown breakfast and lunch joint, the greens of both the salad and the chile persuasions are local. And some of the meat on the menu is too, if you consider Pueblo, Colo, to be local. (We do.)
Sergio Salvador salvadorphoto.com
Cafe Green Photos
The unpublished pics
We had some shots from Locovore's recent visit to Cafe Green that we liked too much not to share ... kind of like that crème brûlée.
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CORPORATION BANK RTGS HO Branch in NASHIK - Address, IFSC, MICR Code
CORP0003289MICR Code
NASHIK GOVIND NAGARContact
CORPORATION BANK SHOP NO 1 2 3 4 GROUND FLOOR THAKKAR ENCLAVE GOVIND NAGAR LINK ROAD KARMAYOGI NAGAR NASHIK 422009 MAHARASHTRACity
What is IFSC Code of CORPORATION BANK situated at NASHIK GOVIND NAGAR- RTGS-HO?
IFSC Code of CORPORATION BANK situated at NASHIK GOVIND NAGAR - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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RC & Injinji & Oakley Accessories
The Oakley Kick Back Polarized Sunglasses are an edgier take on the stylish pilot-inspired sunglasses. From the fashion-oriented to clarity and performance, the Kick Backs deliver. The Polarized Plutonite Lenses will keep your eyes protected from the h... Read More
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This classic surf inspired t-shirt from Oakley is perfect for throwing on after a session. A cool chest pocket and surfboard graphics give it a beach side style. 50/50 cotton poly blend gives you softness next to skin while having the ability to dry ... Read More
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Lightweight, Durable, and Distinctive is what makes up the Oakley Tailpin Polarized Sunglasses. The Tailpin features Oakley's HDPolarized lenses which filter out 99% of reflected glare without the haze and optical distortion that can come with traditio... Read More
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Sam is a 10 weeks old handsome tuxedo cat. A little fast on his feet, we couldn't grab a good picture of him but his markings are striking! Sam enjoys playing with the other kittens and very sweet.
Currently in Tallahassee with Smitten With Kittens.
For more information on this cutie pie,
Email us: email@example.com
Apply online via our adoption application: http://smittenwithkittens.net/adoption-application.html
All our kittens are spay/neutered, vaccinated, tested for FIV/FeLV, dewormed, and up-to-date on flea prevention prior to adoption.
Find out more about Smitten With Kittens by visiting our website and by following us on Facebook, Twitter, & Instagram.
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Robert Anthony Rodriguez (born June 20, 1968) is an American film director, screenwriter, producer, cinematographer, editor and musician. He shoots and produces many of his films in his native Texas and Mexico. He has directed such films as Desperado, From Dusk Till Dawn, The Faculty, Sharkboy and Lavagirl, Spy Kids, Sin City, Planet Terror, and Machete. He is a friend and frequent collaborator of filmmaker Quentin Tarantino.
Contributions by Count Ringworm, 188.8.131.52, and Buddy-L.


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Tallying the Irvine Water District earnings
[caption id="attachment_7954" align="alignright" width="300" caption="Irvine Ranch Water District's new Potable Treatment Facility in Irvine. Register file photo"][/caption]
IRVINE, Paul D. Jones II: Watchdog columnist Teri Sforza's explanation of retained earnings in her Nov. 22 blog post entry "Special districts have nest eggs" was both inaccurate and misleading. She incorrectly implies through a mischaracterization of the term "retained earnings" that Irvine Ranch Water District (IRWD) is sitting on an accumulated cash "nest egg" of over $1.2 billion.
Sforza tells readers to think of retained earnings as the "accumulated profits and losses of the district over time." That is an outdated definition that is inconsistent with the local government reporting standards used in the documents where Ms. Sforza obtained her figures. In fact, enterprise districts such as IRWD are required to report in our retained earnings figures total capital assets minus related debt, including all constructed facilities and infrastructure.
In 2009 IRWD reported $1.2 billion in retained earnings which includes approximately $1.0 billion in infrastructure constructed over approximately 50 years. This infrastructure, which serves about one fifth of the County, includes more than 1,100 miles of drinking water pipelines, more than 400 miles of recycled water pipelines, more than 900 miles of sewer pipes, 53 reservoirs, and two large wastewater treatment plants. Obviously this is not "accumulated profits" or some frivolous rainy day nest egg as alluded to by the Watchdog. These are tremendously important public infrastructure assets without which water could not be supplied or delivered and sewage could not be collected or treated. The balance of our reported retained earnings, approximately $200 million, pays for new construction and the high cost of replacement and refurbishment of these facilities as they begin to age. Last year, the district invested over $90 million in new and replacement infrastructure creating local jobs and improving service to our customers.
IRWD provides water, sewer, recycled water and urban runoff services to more than 300,000 residents and numerous major employment centers (more information is available at www.irwd.com). Our residential and business customers benefit from modern water and sewer infrastructure and among the lowest rates in Orange County. This did not happen by accident. It is the result of careful and prudent fiscal planning over many years. Our goal is to always provide customers with low, stable rates, a diverse and highly reliable water supply, and excellent service. The goal of the Watchdog, which we believe was not achieved in this article, should be to provide readers with accurate information.
Mr. Jones is the General Manager, Irvine Ranch Water District
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Some people, like Lifestyle editor Poorna Bell, do not wish to look at their own vaginas.
But for those of you who do love the sight of your own vag, there's a lovely new vibrator to make your dreams come true.
China-based company Svakom have created a slick sex toy - the Gaga - which uses a camera to give you a good look down there while you're getting down to business.
The vibrator has a camera lens and light at its tip and a USB charger cable, so you can plug the device into your laptop and watch your nether regions to your heart's content. Well, it's got to be better than Big Brother.
And according to The Daily Dot, a long-distance partner can also control it remotely via a Gaga wireless app.
How lovely.
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text: We went here on a midweek night and did not book, the place was packed so we had to eat outside, it was a bit chilly, so next time I will book. The food was good Thai food, the staff were efficient without be too friendly. The prices were normal Thai Restaurant prices. Very close to the Carseldine Train Station.... More


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What the heck up with that so-called emo hairstyle? It makes absolutely no sense whatsoever to have most your hair on one side of your face. What what the heck is up with the hair shaving thing for females' heads? Why do this?
- It freaking looks hot!11% (2)20% (4)15% (6)Vote
- I don't know, it's just a fad42% (8)30% (6)36% (14)Vote
- I agree, it doesn't make any sense21% (4)35% (7)28% (11)Vote
- I wouldn't do it, but it's cute though...26% (5)15% (3)21% (8)Vote


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(China): Print Labels, Stickers, Tags, Epoxy Resin Stickers
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Omejo Sell High-definition Video Recorder With Built-in 4g Memor
Posted at: Offers to Sell and Export | Posted on: Sat 15 Aug, 2009 12:41 pm | Targeted Countries: USA | Bulgaria | Tajikistan
Omejo Definition Video Photos Catalog
Omejo Definition Video Recorder Built Memor
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6.Internal rechargeable battery
7.Internal memory:2GB4GB
8.Playback video on PC
9.Video compression
: AVI video format, 352*288
10.Voice recording: Yes
11.Internal memory: Yes
12.Flash:2 GB4 GB
13.Video file size; >500KB per min.
14.Recording mode :continuous recording until memory is fullmanually off
15.Adaptor type: USB adaptor charging cable
16.Battery type : Lithium-ion 750MA
17.Record time : up to 3h for 1GB
18.Battery use time : about 6-7 hour
This is a hidden top hat, but inside built in a ultra-small digital spy camera recorder DVR, it looks like an ordinary small top hat, but it has a powerful feature that can record cover real time videos, its a normal mini top hat that most of interesting part is that it internally hides in A small ultra-shaped camera DVR, it does not need any external plug-in card, built in 4GB memory, can work up to 6-7 hours. there is time and date for the recorded video, you can get the most authentic evidence by this wonderful spy device. ideal for CIA agents, police, detector, and spy agency.
1.Tiny size makes it for a variety of uses.
2.Its great for use as a hidden cam, spy cam, etc.
3.Real time recording in AVI video format
4.Continuous recording until memory is fullmanually off
5.Color video with voice
Company Contact:
Contact Name: Cris
Company Name: Omejo Technology (Hong Kong) Co., Ltd.
Tel: +86-755-83316811
Fax: +86-755-83319595
Street Address: 16d/118#, Yitian
Village, Fuqiang Road, Futian
District, Shenzhen, China 518000
Member name: omejo
Member Since: 04 May 2009
Total Leads:
999 omejo Import Export Business Leads
Business focus: Spy Camera, Button Camera, Hidden Camera, Cmos Camera, Ccd Camera, Spy Sunglasses, Transmitter, Receivers, Wireless Button Camera, Mini Dvr
Safe Import Export Tips
Similar Suppliers And Manufacturers Import Export Trade Leads
Omejo Watch Containing Hidden Spy Video Camera In Built Video Recorder
- By omejo - On Fri 14 Aug, 2009 12:30 am: video format avi card slot tf micro sd card *physical weight 39g with battery working temperature 0 c - 60 c storage computer -20 c ....
1280 960jpg 640 480 Vga Over 29fps, Up To 30fps High-definition Video Recorder With Built-in 4gb
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High-definition Video Recorder With Built-in Memory Shaving Cream Hidden Spy Camera Dvr
- By omejo - On Sun 15 Nov, 2009 1:49 pm: omejo for special offers specification 1 tiny size makes it for a variety of uses 2 its great for use as a hidden cam spy cam etc 3 r....
Omejo Built In Video Recorder In The World
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- By omejo - On Sat 15 Aug, 2009 3:02 pm: video recorder in the world unlike other device of this type this sunglasses records everything you see and hear without connecting to mp4 or other....
Omejo Sell Mirror Dvr Pinhole Camera Built In Digital Video Recorder Hidden
- By omejo - On Sat 15 Aug, 2009 12:43 am: video format 4 continuous recording until memory is full or manually off 5 color video with voice 6 internal rechargeable battery 7 internal mem....
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Import Export Startup Stories
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Shenzhen HNSAT Industrial Co Ltd
: Kathy Of Shenzhen HNSAT Industrial Digital Voice Recorder Manufacturer From China
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: Siya Liu Of Beijing Fibridge Company, A Manufacturer Of Intelligent Video And Telecommunication From China
Ramo Selectronicx
: Rahram Palaniyappan Of Ramo Selectronicx In the Business Of Security Electronic Products From India
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: Eric Zhou Of Northvision Technologies, A Manufacturer Of Safety Products From China
Led Lamp Lighting Company
: Tony Lee Of Led Lamp Lighting Company Specializing in Production And Sale Of Indoor And Outdoor LED Lights
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3 Bedrooms
3 Beds
1 Bathrooms
1 Baths
1 Flatmates
1 Flatmates
|Room Type
|Private room
|Shared bathroom
|Length of Stay
|Females & males (no couples)
|Weekly rent
|4 weeks rent
|Included in rent
|Not available
|Off street parking
Close to Kwinana town centre, close to transport, well maintained A/C home lovely large queen room available, large robe plus tall boy drawers, modern appliances , very quiet environment, great Patio and garden to relax in.
I am mature female property owner looking for one person to share, i work full time, and would like to share with a working person, will consider female or male.
|Crawford Rd After Gamble Pl
|Close by
|Crawford Rd After Broughton Rd
|Close by
|Hennessy Av After Crawford Rd
|~ 3 min walk
|Crawford Rd Before Sulphur Rd
|~ 5 min walk
|Hennessy Av After Wiggins Rd
|~ 6 min walk
|Hennessy Av After Reilly St
|~ 7 min walk
|Sulphur Rd After Orelia Av
|~ 7 min walk
|Orelia Av Before Borthwick Pl
|~ 8 min walk
|Christmas Av After Orelia Av
|~ 9 min walk
|Sulphur Rd After Oreilia Av
|~ 11 min walk
|Sulphur Rd After Adamson Rd
|~ 11 min walk
|Parmelia Av After Warner Rd
|~ 13 min walk
|Orelia Chinese&Asian cuisine take away
|~ 5 min walk
|Kwinana Fish & Chips
|~ 5 min walk
|Pizza Capers
|~ 19 min walk
|India Cottage
|~ 19 min walk
|Pizza Kwinana
|~ 19 min walk
|Kwinana Chinese Restaurant
|~ 19 min walk
|Dôme Café - Kwinana
|~ 20 min walk
|Tandoori Nights Indian Cuisine
|~ 20 min walk
|Pizza Hut Kwinana
|~ 20 min walk
|Go Sushi
|~ 21 min walk
|Domino's Pizza Kwinana
|~ 21 min walk
|The Admiral Hotel
|~ 21 min walk
|Family Fair Supermarket
|~ 5 min walk
|Aldi Kwinana
|~ 18 min walk
|Woolworths Kwinana
|~ 22 min walk
|Medina IGA
|~ 27 min walk
|EDSA Asian Shop (powered by Pinoy Avenue PTY LTD)
|~ 29 min walk


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This has gotta be funniest video of the saddest week: with 58 days to go, it's a virtual tie between McCain/Palin and Obama/Biden. Stephen Colbert delivers a punch of truth wrapped in a fuzzy ball of hilarity. Video:
hot on elephant
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United States District Court, N.D. New York
April 23, 2013
RUDOLPH A. BUCKLEY, M.D., Plaintiff,v.SLOCUM DICKSON MEDICAL GROUP, PLLC as successor in interest to Slocum Dickson Medical Group, P.C., Defendant
For Plaintiff: ANDREW S. KOWALCZYK, JR., ESQ., JOSEPH S. DEERY, JR., ESQ., OF COUNSEL, KOWALCZYK, DEERY, HILTON & BROADBENT, LLP, Utica, NY.
For Defendant: ELLEN K. EAGEN, ESQ., ANNE B. DOTZLER, ESQ., JUDITH M. SAYLES, ESQ., OF COUNSEL, HISCOCK & BARCLAY, LLP, Syracuse, NY.
Page 252
MEMORANDUM--DECISION and ORDER
DAVID N. HURD, United States District Judge.
In July 2010 plaintiff Rudolph A. Buckley, M.D. (" plaintiff" or " Buckley" ) filed this action in the Supreme Court, Oneida County, against defendant Slocum--Dickson Medical Group (" Slocum--Dickson" or " defendant" ) asserting a state law breach of contract claim regarding severance benefits (" First Cause of Action" ) and seeking declaratory judgment (" Second Cause of Action" ) and an accounting (" Third Cause of Action" ). On August 2, 2010, defendant answered the complaint and asserted six
Page 253
state law counterclaims.[1] Then, on August 12, 2010, defendant removed the action to federal court, arguing that the First Cause of Action arises under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § § 1001-1461 (" ERISA" ).
The parties have completed discovery, and plaintiff has filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Defendant opposes, and plaintiff replied. In its opposition papers, defendant suggests it is entitled to summary judgment on plaintiff's First Cause of Action. However, defendant did not make a formal cross-motion.
Oral argument was heard on May 24, 2012, in Utica, New York. Decision was reserved.
Unless otherwise noted, the following facts are undisputed. Buckley, a resident of Utica, New York, is an orthopedic physician specializing in spinal surgery. Slocum--Dickson is a New York limited liability company that operates a for-profit medical practice in the Utica area. Plaintiff began working at Slocum--Dickson on August 17, 2000. The parties' employment relationship was governed by two separate contracts--an Employment Agreement effective August 17, 2000, and a Severance Plan dated October 24, 2002.
Pursuant to the Employment Agreement, Buckley " shall observe and follow the highest ethics and standards of the profession, . . . and at no time act in such a way as to impair the confidence of patients or of the public in the profession." Eadline Aff., Ex. A, ECF No. 25-1, ¶ 2 (" Employment Agreement" ). He is also " responsible for providing the highest professional medical care to all patients of [Slocum--Dickson]." Id. ¶ 4. Either party may terminate the Employment Agreement " with or without cause" through written notice provided at least ninety days prior to the effective date of termination. Id. ¶ 12(A)(ii). If Buckley gives such notice but fails to continue to work for the entire notice period, or if he fails to give notice and unilaterally withdraws from employment, he must pay Slocum--Dickson ten thousand dollars ($10,000) in liquidated damages. This sum represents " the amount reasonably anticipated to be lost by the Employer in the event the Employee elects to unilaterally terminate his/her employment." Id.
Upon termination of his employment, Buckley " shall be paid by March 31st (thirty first) of the following year . . . all compensation to which [he] is entitled, prorated to the effective date of termination, as well as any severance pay [he] is entitled to under the [Severance Plan]." Id. ¶ 12(B). The Employment Agreement also contains restrictive covenants under which plaintiff is barred from practicing within twenty-five miles of defendant's main office for three years after the termination of his employment.[2] He is also
Page 254
prohibited from soliciting former or existing patients or inducing any of defendant's employees to terminate his or her employment for three years.
Under the Severance Plan, an employee with at least seven years of service and whose employment has terminated for reasons other than death, disability, or retirement " shall receive . . . an amount equal to sixty-five percent (65%) of [his] share of the accounts receivable of [defendant], existing as of the date of termination, assigned to [his] department . . . within the preceding two (2) years." Eadline Aff., Ex. B, ECF No. 25-2, ¶ 2(i) (" Severance Plan" ). This severance payment is reduced by the aggregate amount of disability income paid to the employee during the twelve months preceding termination. The severance payment is to be paid in three increments: thirty-five percent (35%) shall be paid one year after termination of employment; thirty-five percent (35%) the second year after termination; and thirty percent (30%) the third year. In the alternative, Slocum-Dickson may elect to pay in monthly installments over the course of three years.
The Severance Plan provides defendant's Board of Managers (" the Board" ) with " exclusive authority and discretion to: (i) Determine whether an individual is eligible for any benefits under the Plan; [and] (ii) Determine the amount of benefits, if any, an individual is entitled to from the Plan." Id. ¶ 16. The Board's determinations and interpretations are to be given deference in all courts " to the maximum allowed by applicable law" and shall " [n]ot be overturned or set aside by any court of law unless found to be arbitrary and capricious, or made in bad faith." Id.
If an employee's claim for severance benefits is wholly or partially denied, Slocum--Dickson must provide written notice of the decision within ninety days. This notice must identify the specific reason(s) for the denial, reference the specific provisions of the contract upon which the denial is based, describe what additional material may be necessary to perfect the claim, and explain the steps to be taken to obtain review of the decision. The Board has " sole responsibility" to review a denied claim. Id. ¶ 15.[3] The Severance Plan repeatedly references ERISA, which governs its provisions.
On June 2, 2009, Buckley provided written notice to Slocum--Dickson that he was terminating his employment effective August 30, 2009. Defendant acknowledged that this satisfied the ninety-day notice provision in the Employment Agreement. The parties traded various correspondence regarding Buckley's departure. Included in this correspondence was Buckley's request for severance benefits to which he was entitled under the Severance Plan. Defendant developed and began to implement a plan for plaintiff's exit from practice at Slocum--Dickson. Plaintiff participated in meetings regarding this exit plan. On July 15, 2009, defendant mailed letters to plaintiff's patients advising that August 28, 2009, would be his final day in the office.
Buckley then determined that it was financially advantageous to him to terminate his employment before August 30, 2009. Consequently, on August 4, 2009, he provided defendant with a letter advising
Page 255
of his immediate termination. At the same time, he tendered a check for $10,000 as liquidated damages for failure to complete the ninety-day notice period. Slocum--Dickson refused to accept Buckley's August 4 termination date, arguing that the earlier termination date would negatively impact the continuity of patient care. Buckley did not work for defendant after August 4, 2009. Further, on the advice of counsel, plaintiff refused to sign an agreement created by defendant under which he would continue to oversee the ongoing care of his patients until the end of August 2009. This refusal was based on defendant's refusal to include a provision acknowledging August 4, 2009, as plaintiff's effective date of termination.
At a meeting on September 1, 2010, the Board determined Buckley was not entitled to any amount of severance benefits. This decision was conveyed to plaintiff by letter dated September 3, 2010. Buckley has not received any severance to date.
The parties agree that if calculated from an effective termination date of August 30, 2009, plaintiff's total severance benefit is $47,912. The parties disagree, however, on the amount of severance benefits due if the earlier August 4 date is deemed the termination date.[4] It is undisputed that an August 4, 2009, termination date would yield a gross severance benefit of $698,470. According to plaintiff, a total of $82,624 in disability income which he received between August 5 and September 5, 2008, should be subtracted from the gross severance benefit, for a total severance benefit of $615,846. Defendant maintains that the total amount of disability income plaintiff received in 2008--$243,374--must be deducted from the gross severance benefit, for a total severance benefit of $455,096. The parties also differ on how interest, if awarded, should be calculated.
Buckley seeks summary judgment on his breach of contract/ERISA claim because the Board's decision to deny him severance benefits was arbitrary and capricious. He further seeks declaratory judgment establishing that: (1) August 4, 2009, is the date on which his employment terminated; (2) he is entitled to sixty-five percent of his share of defendant's accounts receivable assigned to plaintiff's department between August 4, 2007, and August 4, 2009; (3) he was entitled to have been paid all compensation and severance benefits by March 31, 2010; and (4) any and all restrictive covenants in both contracts are invalid and unenforceable because defendant breached the contracts.
Slocum--Dickson argues that the Board's decision to deny severance benefits was authorized by the Severance Plan and was neither arbitrary nor capricious. Defendant further asserts that plaintiff's affidavit contains inadmissible hearsay and legal conclusions and, therefore, must be stricken from the docket.
A. Motion for Summary Judgment--Legal Standard
The entry of summary judgment is warranted when " the pleadings, depositions,
Page 256
answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986) (citing Fed.R.Civ.P. 56(c));
see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986). A fact is " material" for purposes of this inquiry if it " might affect the outcome of the suit under the governing law."
Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; see also Jeffreys v. City of New York, 426 F.3d 549, 553 (2d Cir. 2005). A material fact is genuinely in dispute " if the evidence is such that a reasonable jury could return a verdict for the nonmoving party."
Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.
When summary judgment is sought, the moving party bears the initial burden of demonstrating that there is no genuine issue of material fact to be decided with respect to any essential element of the claim. Id. at 250 n.4, 106 S.Ct. at 2511 n.4. The failure to meet this burden warrants denial of the motion. Id. In the event this initial burden is met, the opposing party must show, through affidavits or otherwise, that there is a material issue of fact for trial. Id. at 250, 106 S.Ct. at 2511.
When deciding a summary judgment motion, a court must resolve any ambiguities and draw all inferences from the facts in a light most favorable to the nonmoving party. Jeffreys, 426 F.3d at 553. Summary judgment is inappropriate where " review of the record reveals sufficient evidence for a rational trier of fact to find in the [non-movant's] favor."
Treglia v. Town of Manlius, 313 F.3d 713, 719 (2d Cir. 2002) (citation omitted);
see also Anderson, 477 U.S. at 250, 106 S.Ct. at 2511 (summary judgment is appropriate only when " there can be but one reasonable conclusion as to the verdict" ).
B. Plaintiff's Motion Papers
Defendant correctly notes that the Buckley affidavit submitted in support of his motion contains hearsay, conclusory statements, and legal arguments. Accordingly, such content in the forty-nine-page affidavit will be stricken and the impermissible evidence therein will not be considered. See Fed.R.Civ.P. 56(c)(4). Consideration of Buckley's reply affidavit will be similarly limited. It is also noted that there is virtually no analysis in the memorandum of law filed by plaintiff's attorney. However, defendant's invitation to therefore summarily deny plaintiff's motion is declined as most of the material facts are undisputed, and the interpretation of an unambiguous contract, like the contracts at issue here, is a matter of law for a court.
Krumme v. WestPoint Stevens Inc., 238 F.3d 133, 139 (2d Cir. 2000).
C. Effective Date of Termination
Buckley asserts that his severance benefits must be calculated based on an effective termination date of August 4, 2009. Slocum-Dickson maintains that plaintiff is bound by his original termination date--August 30, 2009. The plain language of the Employment Agreement supports plaintiff's position.
On June 2, 2009, Buckley provided defendant with ninety-days' written notice that he was terminating his employment effective August 30, 2009. On August 4, 2009, he tendered notice of his unilateral termination of employment, effectively immediately, and he did not return to work thereafter. The Employment Agreement expressly and unambiguously contemplates a unilateral termination and imposes a $10,000 liquidated damages penalty for failure to complete the ninety-day notice
Page 257
period. This sum represents " the amount reasonably anticipated to be lost by the Employer in the event the Employee elects to unilaterally terminate his/her employment." Employment Agreement ¶ 12(A)(ii). Moreover, there is nothing in the Employment Agreement indicating that Slocum--Dickson must formally accept an employee's resignation for it to be effective.
By unilaterally terminating his employment on August 4, Buckley failed to complete the ninety-day notice period. He tendered a $10,000 payment in accordance with the Employment Agreement. There is nothing about this conduct that breached the Employment Agreement. Thus, his effective date of termination is August 4, 2009. Accordingly, any severance payment shall be calculated from that date.
D. Decision of the Board
The Board determined plaintiff is not entitled to any severance benefits, regardless of the effective date of termination. Plaintiff argues that the Board's decision was arbitrary and capricious and must be set aside.
The Severance Plan initially mandates that an employee with at least seven years of service and whose employment has terminated for reasons other than death, disability, or retirement " shall receive" specified benefits. Severance Plan ¶ 2. However, it subsequently provides that " [n]otwithstanding any other provision of this Plan," the Board has " exclusive authority and discretion" to determine whether an employee is eligible for such benefits in the first place. Id. ¶ 16.
As the Severance Plan thus confers discretion on the Board, its determinations and interpretations will be upheld unless they are arbitrary and capricious or in bad faith.
See Hobson v. Metro. Life Ins. Co., 574 F.3d 75, 82 (2d Cir. 2009) (where a written benefits plan, governed by ERISA, confers discretion upon the plan administrator to determine eligibility, such decisions will not be disturbed unless found to be arbitrary and capricious);
Dalton v. Educ. Testing Serv., 87 N.Y.2d 384, 389, 663 N.E.2d 289, 639 N.Y.S.2d 977 (1995) (where a contract confers discretion, the implied obligation of good faith " includes a promise not to act arbitrarily or irrationally in exercising that discretion" ).
Under this standard, the Board's decision to deny benefits may only be overturned " if it was without reason, unsupported by substantial evidence or erroneous as a matter of law." Hobson, 574 F.3d at 83 (internal quotation marks omitted). Substantial evidence " is such evidence that a reasonable mind might accept as adequate to support the conclusion reached by the [decisionmaker and] . . . requires more than a scintilla but less than a preponderance." Miller v. United Welfare Fund, 72 F.3d 1066, 1072 (2d Cir. 1995) (alteration in original) (internal quotation marks omitted). Finally, where the same entity both evaluates and pays the benefits under the plan, there arises a conflict of interest that must be taken into account and " weighed as a factor in determining whether there is an abuse of discretion."
Metro. Life Ins. Co. v. Glenn, 554 U.S. 105, 111-12, 115, 128 S.Ct. 2343, 2348, 2350, 171 L.Ed.2d 299 (2008) (internal quotation marks omitted).
Defendant contends that the Board carefully considered plaintiff's claim for severance benefits, deliberated for several hours, received advice from counsel, and unanimously determined he was not entitled to benefits because he accelerated his termination date for personal financial gain to the detriment of his patients' ongoing care. In an affidavit, Dr. Stephen Eadline, President of the Board since April 2007, reports that plaintiff was the
Page 258
only qualified physician to oversee the follow-up care for his surgical patients at the time of his early termination in August 2009. Defendant further asserts that plaintiff's abrupt termination caused it to incur expenses in order to terminate clinical trials in which plaintiff was engaged.
However, careful consideration of a claim, advice from counsel, and unanimity of a decision do not constitute substantial evidence supporting the denial of the claim. Defendant does not identify even a scintilla of evidence to show how plaintiff's earlier termination date and refusal to oversee patient care after August 4 actually negatively impacted patient care. There is nothing in the record suggesting defendant was unable to refer plaintiff's patients to other providers, reschedule their appointments, or find another doctor to temporarily provide or oversee the care of Buckley's patients from August 4 to August 30, 2009. Even assuming defendant incurred expenses for such replacement care, in addition to the costs of winding down plaintiff's clinical trials, the $10,000 liquidated damages penalty was designed to compensate defendant for exactly these types of expenses.
Further, the Board's reasoning is not supported by the contracts. As noted above, Buckley did not breach the Employment Agreement by tendering his immediate resignation on August 4, 2009. Neither the Employment Agreement nor the Severance Plan contain any provision limiting plaintiff's right to unilaterally terminate his employment without completing the notice period. The only consequence of exercising this contractual right is the payment of $10,000 in liquidated damages, which Buckley paid. The provision allowing for unilateral termination does not condition this right on the continuity of medical care for plaintiff's patients.
Additionally, the Board failed to provide adequate and specific notice of its denial. The September 3, 2010, letter notifying plaintiff of the Board's decision states in full:
With regard to your severance payout, the [Board] has exercised its exclusive authority and discretion under the [Severance Plan] and determined that you are not entitled to any amount of benefits. If you question this decision, you have a right to file a claim, in accordance with the Claims Procedure of the Plan.
Eadline Aff., Ex. J, ECF No. 25-10. This letter did not provide plaintiff with a statement of reasons for the denial of benefits, as required by ERISA and the Severance Plan. Nor did it identify the provisions of the Severance Plan or Employment Agreement upon which its denial was based or explain what material, if any, was needed to perfect the claim.
Finally, defendant is both the entity that decides whether plaintiff is entitled to benefits and the entity that would make such a payment. There is no indication that the Board was " wall[ed] off" from any impact its decision would have on Slocum--Dickson's finances, and defendant has not identified any internal checks on the Board's decision-making. Thus, the conflict of interest factor weighs more heavily toward a finding of an abuse of discretion. See Glenn,
554 U.S. at 117, 128 S.Ct. at 2351 (the conflict of interest factor should be afforded less weight only " where the administrator has taken active steps to reduce potential bias" ); Solomon v. Metro. Life Ins. Co., 628 F.Supp.2d 519, 529 (S.D.N.Y. 2009) (conflict of interest weighed heavily against MetLife's denial of benefits because there was " no evidence that MetLife separated its financial interests from the claim determination process" ).
Page 259
In short, defendant's decision to deny severance benefits was not supported by such evidence that a reasonable mind could accept as adequate to support the denial. It was instead erroneously based on plaintiff's exercise of his contractual rights. The aforementioned factors, viewed together, show that the Board's denial of benefits was arbitrary and capricious. Accordingly, plaintiff's motion for summary judgment will be granted with regard to the First Cause of Action.
E. Damages
Damages can be determined pursuant to the undisputed facts and the unambiguous terms of the Severance Plan. The parties agree that, according to the formula in the Severance Plan and based on a termination date of August 4, 2009, plaintiff's gross severance benefit is $698,470. They dispute, however, the amount of disability income that should be applied to reduce this sum. Plaintiff claims $82,624 in disability income should be subtracted from the gross severance benefit, while defendant maintains that $243,374 must be deducted.
The formula outlined in the Severance Plan provides that the gross severance benefit shall be reduced by the total amount of disability income paid to plaintiff " during the twelve (12) month period preceding [his] termination." Severance Plan ¶ 3. Buckley's employment terminated on August 4, 2009. The one-year period prior to this date was August 5, 2008, through August 4, 2009. Thus, the benefit must be reduced by the amount of disability income paid to plaintiff during that time. It is undisputed that Buckley received a total of $243,374 ($2665 per day) in disability income from June 6 to September 5, 2008.[5] See Statement of Material Facts ¶ 16(c). He therefore received $82,615 in disability income over the thirty-one days from August 5 to September 5, 2008.[6] Subtracting this sum from the gross benefit amount of $698,470 equals a final severance benefit of $615,855.
Pursuant to the Severance Plan--which guides the distribution of the severance payment--the benefit is payable over three years: 35% ($215,549.25) the first year after termination (August 4, 2010); 35% ($215,549.25) the second year (August 4, 2011); and 30% ($184,756.50) the third year (August 4, 2012). Accordingly, Buckley is entitled to interest at the statutory rate on these amounts calculated from the dates set forth.
F. Remaining Claims and Counterclaims
Buckley does not provide a legal basis or argument for entitlement to a declaratory judgment (Second Cause of Action) or an accounting (Third Cause of Action). However, the first three declarations he seeks have been addressed, and the need for an accounting made moot, by the above discussion and conclusions. Therefore, the Second and Third Causes of Action will be dismissed.
Defendant's First Counterclaim for breach of contract and its Sixth Counterclaim for breach of fiduciary duty involve essentially the same facts and allegations as plaintiff's First Cause of Action. Indeed, in these claims defendant alleges
Page 260
Buckley's unilateral and immediate termination of employment on August 4, 2009, breached the Employment Agreement and constituted bad faith. As repeatedly noted above, however, this conduct was explicitly authorized by the contract, and Buckley did not breach the Employment Agreement by tendering his immediate resignation on August 4. Therefore, defendant's First and Sixth Counterclaims will be dismissed sua sponte for the same reasons as outlined above.
Defendant's Second, Third, Fourth, and Fifth Counterclaims remain for trial.[7]
The Employment Agreement permitted Buckley to tender his immediate resignation on August 4, 2009, even though he had earlier provided ninety-days' notice that his employment would terminate on August 30, 2009. Buckley paid $10,000 in liquidated damages pursuant to the Employment Agreement. He therefore did not breach the contract by unilaterally terminating his employment on August 4, 2009--the effective date of termination. The Board's subsequent decision to deny plaintiff any benefits under the Severance Plan was arbitrary and capricious because it was erroneous and not supported by substantial evidence.
Therefore, it is
ORDERED that
1. Plaintiff Rudolph A. Buckley's motion for summary judgment is GRANTED in part and DENIED in part;
2. Plaintiff is granted summary judgment as to the First Cause of Action;
3. Plaintiff is entitled to $615,855 plus interest in severance benefits[8];
4. Interest shall be calculated at the statutory rate based upon the following amounts and dates: $215,549.25 from August 4, 2010; $215,549.25 from August 4, 2011; and $184,756.50 from August 4, 2012;
5. Plaintiff's Second and Third Causes of Action are DISMISSED;
6. Defendant Slocum Dickson Medical Group's First and Sixth Counterclaims are DISMISSED; and
7. Defendant's Second, Third, Fourth, and Fifth Counterclaims remain for trial.
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September 12, 2007
JESSIE SHARP, PLAINTIFF,v.SOUTH WOODS STATE PRISON, ET AL., DEFENDANTS.
Plaintiff Jessie Sharp, an inmate who is incarcerated at South Woods State Prison ("SWSP"), seeks to file a Complaint in forma pauperis pursuant to 28 U.S.C. § 1915. Based on his affidavit of poverty, prison account statement, and the apparent absence of three dismissals within 28 U.S.C. § 1915(g), this Court (1) grants Plaintiff's application to proceed in forma pauperis; (2) directs the Clerk to file the Complaint; (3) assesses a $350.00 filing fee against Plaintiff; and (4) directs the New Jersey Department of Corrections ("NJDOC") to deduct an initial partial filing fee from Plaintiff's prison account, when funds exist, and to forward same to the Clerk of the Court; and (5) directs the NJDOC to forward payments from Plaintiff's prison account to the Clerk each subsequent month that the amount in the account exceeds $10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C. § 1915(a), (b). Having thoroughly reviewed Plaintiff's allegations, this Court will dismiss the Complaint.
Plaintiff asserts violations of his constitutional rights under 42 U.S.C. § 1983 arising from his incarceration at SWSP. This Court must view Plaintiff's allegations as true for the purposes of this review.*fn1 Plaintiff alleges that an NJDOC policy, which is attached to the Complaint, requires inmate food service workers to be paid between $2.00 and $3.20 per day. Plaintiff asserts that, although he filed administrative remedies and complained in writing to the prison administrator, he is still paid only $1.30 to $1.40 per day as a food service worker.
Attached to the Complaint are copies of four Inmate Request Forms, with responses, and a document entitled "620 INMATE WAGES." (Compl. attachments.) The document entitled "620 INMATE WAGES states that "[t]he following titles shall be paid in accordance with the following wage scale," and lists the wage for a food service worker as $2.00 to $3.20 per day. (Id.)
The most recent Inmate Request Form attached to the Complaint is dated January 5, 2005. In the space entitled REASON FOR REQUEST, Plaintiff wrote:
To Kathryn MacFarland administrator, I am writing you about my state pay and the reason this prison is not paying me the pay that the DOC set for me to receive. Now I work in food service and the DOC says that the lowest a food service worker should get is $2.00 a day. The highest is $3.20 a day. Here you pay me $1.40 a day and [I] am sending you a copy of the DOC pay scale for the jobs. (Compl. attachment.)
In RESPONSE, the Administrator wrote:
The pay scale you sent me is for "Special Job Assignment," not regular job assignments which are also part of those standards. You are assigned to a regular job. These wages do not apply to you. (Id.)
As relief for violation of his constitutional rights, Plaintiff "ask[s] that the inmate wages would be increase[d] under D.O.C. 620 to the inmates at south woods state prison."*fn2
(Compl. Relief.)
The Prison Litigation Reform Act ("PLRA"), Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996), requires the Court to review a complaint in a civil action in which a plaintiff is proceeding in forma pauperis or a prisoner seeks redress against a governmental employee or entity. See 28 U.S.C. §§ 1915(e)(2)(B), 1915A. The PLRA requires the Court to sua sponte dismiss any claim if the Court determines that it is frivolous, malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. Id.
"A document filed pro se is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus, U.S. , , 127 S.Ct. 2197, 2200 (2007) (citations and internal quotation marks omitted); see also Haines v. Kerner, 404 U.S. 519, 520 (1972). "Federal Rule of Civil Procedure 8(a)(2) requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief.' Specific facts are not necessary; the statement need only give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Erickson, 127 S.Ct. at 2200 (citations and internal quotation marks omitted). A claim is frivolous if it "lacks even an arguable basis in law" or its factual allegations describe "fantastic or delusional scenarios." Neitzke v. Williams, 490 U.S. 319, 328 (1989); see also Roman v. Jeffes, 904 F.2d 192, 194 (3d Cir. 1990). "Given the Federal Rules' simplified standard for pleading, '[a] court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002) (quoting Hishon v. King & Spalding, 467 U.S. 69, 73 (1984)); see also Thomas v. Independence Tp., 463 F.3d 285, 296-97 (3d Cir. 2006); Alston v. Parker, 363 F.3d 229, 233 n.6 (3d Cir. 2004). However, a court should not dismiss a complaint with prejudice for failure to state a claim without providing leave to amend, unless it finds bad faith, undue delay, prejudice or futility. See Grayson v. Mayview State Hosp., 293 F. 3d 103, 110-111 (3d Cir. 2002); Shane v. Fauver, 213 F. 3d 113, 117 (3d Cir. 2000).
Federal courts are courts of limited jurisdiction. See Mansfield, C. & L. M. Ry. Co. v. Swan, 111 U.S. 379, 383 (1884). "[T]hey have only the power that is authorized by Article III of the Constitution and the statutes enacted by Congress pursuant thereto." Bender v. Williamsport Area School Dist., 475 U.S. 534, 541 (1986). A district court may exercise jurisdiction over "Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their authority." U.S. Const. art. III., § 2; see also 28 U.S.C. § 1331.
Section 1983 of Title 42 of the United States Code authorizes a person such as Plaintiff to seek redress for a violation of his federal civil rights by a person who was acting under color of state law. Section 1983 provides in relevant part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory . . . 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.
To recover under 42 U.S.C. § 1983, a plaintiff must show two elements: (1) a person deprived him or caused him to be deprived of a right secured by the Constitution or laws of the United States, and (2) the deprivation was done under color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Adickes v. S.H. Kress & Co., 398 U.S. 144, 152 (1970); Sample v. Diecks, 885 F.2d 1099, 1107 (3d Cir. 1989).
"When evaluating a claim brought under § 1983, we must first 'identify the exact contours of the underlying right said to have been violated' in order to determine 'whether [plaintiff] has alleged a deprivation of a constitutional right at all." Natale v. Camden County Correctional Facility, 318 F.3d 575, 581 (3d Cir. 2003) (quoting County of Sacramento v. Lewis, 523 U.S. 833, 841 n.5 (1998)). If so, the Court determines whether the defendant can be held liable for that violation. Natale, 318 F.3d at 581; Berg v. County of Allegheny, 219 F.3d 261, 275 (3d Cir. 2000).
A. Due Process
Plaintiff asserts that the Administrator of SWSP violated his constitutional rights by paying him a wage of $1.40 per day as a food service worker, contrary to NJDOC policy 620, which requires food service workers to be paid wages of at least $2.00 per day. In response to Plaintiff's administrative remedy, the Administrator of SWSP informed Plaintiff that he is being paid the correct wages, according to NJDOC policy, and that the $2.00 per day minimum wage to which Plaintiff refers does not apply to Plaintiff because Plaintiff has a regular job assignment and the higher wage scale only applies to special job assignments. This Court construes Plaintiff's allegations as attempting to state a claim that he was deprived of property without Due Process of law in violation of the Fourteenth Amendment of the United States Constitution and § 1983.
The Due Process Clause of the Fourteenth Amendment provides: "[N]or shall any State deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend. XIV, §
1. In analyzing a Due Process claim, a court must first decide whether the person was deprived of a liberty or property interest protected by due process. See Fuentes v. Shevin, 407 U.S. 67 (1972). Only if the answer is yes, is the second step, determining what process is due, necessary. See Morrissey v. Brewer, 408 U.S. 471 (1972).
"Protected interests in property are normally 'not created by the Constitution. Rather, they are created and their dimensions are defined' by an independent source such as state statutes or rules entitling the citizen to certain benefits." Goss v. Lopez, 419 U.S. 565, 572-73 (1975) (quoting Board of Regents v. Roth, 408 U.S. 564, 577 (1972)). "To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it." Board of Regents v. Roth, 408 U.S. 564, 577 (1972).
In this case, Plaintiff contends that he has a protected interest, created by NJDOC policy 620, in being paid at least $2.00 per day for food service work. The problem with Plaintiff's claim is that the Administrator of SWSP, as well as the New Jersey courts, have determined that Plaintiff has no legitimate claim of entitlement to the wage level he seeks. The Administrator of SWSP determined that the "Special Job Assignment" wage scale does not govern Plaintiff's job because he is assigned to a regular, rather than a special job assignment. Moreover, New Jersey courts have held that New Jersey inmates "do not have a 'liberty interest in a particular, or any, job assignment, nor in the wages or credits that can be earned by performing a prison work assignment.'" Shabazz v. New Jersey Dep't of Corrections, 385 N.J. Super. 117, 129 (App. Div. 2006) (quoting Lorusso v. Pinchak, 305 N.J. Super. 117, 119 (App. Div. 1997), certif. denied, 153 N.J. 403 (1998)).*fn3 Because Plaintiff has no protected interest in receiving the wages he seeks, his Due Process claim fails as a matter of law and will be dismissed for failure to state a claim upon which relief may be granted.
For the reasons set forth above, the Court grants Plaintiff's application to proceed in forma pauperis and dismisses the Complaint.
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Rose is a very pretty chocolate point Siamese mix kitten with lots of personality and energy. Rose is a very sweet girl who loves to cuddle when she's not busy racing through the house with her brother Titanic. Rose and her brother Titanic, are a pair of the sweetest kittens that I have ever had the pleasure of fostering, they are cuteness and love, and will entertain you and keep your lap warm. Rose has taken to the cat wheel that the resident cats use and is walking and running on it like she's running a marathon. Rose likes to climb the cat tree and she carries toys around in her mouth and she has a very energetic personality. Rose was rescued from under a bush in a neighborhood where the owner was going to take the kittens to the shelter, she was very lucky to find Kitten Rescue and have a chance to be adopted into a loving home. Rose eats a raw diet as well as high quality canned food and grain free kibble. Rose would like to be adopted into a home with her brother Titanic and the two are very bonded, having been adopted into a wonderful home together but after three weeks they were returned because the little girl in the home turned out to be very allergic. After having been together for 6 months it would be a shame to separate these two bonded litter mates and best friends.
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David Sanchez took up the conga when he was eight and started playing tenor at age 12. He graduated from a performing arts high school in 1986, spent a year studying psychology, and then moved to New York City in 1988, having decided to become a musician. Sanchez attended Rutgers University, studying with Kenny Barron, Ted Dunbar, and John Purcell. After a period freelancing in New York with many top Latin players (including Paquito D'Rivera and Claudio Roditi), Sanchez joined Dizzy Gillespie's United Nation Orchestra in 1990, also getting the opportunity to play with Dizzy's small group. Since then he has toured with the Philip Morris SuperBand, recorded with Slide Hampton's Jazz Masters, Charlie Sepulveda, Kenny Drew, Jr., Ryan Kisor, Danilo Perez, Rachel Z, and Hilton Ruiz (among others), and headed his own sessions for Columbia. David Sanchez is a tenor player whose music mixes together Afro-Cuban rhythms with advanced bebop on releases like 1994's Sketches of Dreams and 1996's Street Scenes. Obsession followed two years later and Melaza in mid-2000. Since that time, Sanchez has kept busy releasing Travesía in 2001, Coral in 2004 and Cultural Survival in 2008. ~ Scott Yanow
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