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APPEAL from the Circuit Court of Du Page County; the Hon. JOHN
BOWMAN, Judge, presiding.
___ N.E.2d ___ Defendant, William Hopson, entered a plea of guilty pursuant to a negotiated plea agreement with the State's Attorney. Defendant later filed a motion to withdraw his plea. After a hearing, the court denied the motion. Defendant now appeals and alleges that the trial court erred in denying his motion to withdraw his guilty plea and that he was denied the effective assistance of counsel on that motion.
On June 14, 1979, defendant was charged in a five-count indictment with the offense of murder. (Ill. Rev. Stat. 1979, ch. 38, par. 9-1.) On December 6, 1979, at a conference held pursuant to Supreme Court Rule 402 (Ill. Rev. Stat. 1979, ch. 110A, par. 402) and prior to the court's acceptance of defendant's guilty plea, the assistant State's Attorney related that the defendant's guilty plea was to be entered pursuant to a plea agreement whereby defendant agreed to testify in the prosecution of two co-defendants in cases which arose from the same incident. In return for the defendant's testimony, the State agreed to recommend that defendant receive 20 years in the Illinois Department of Corrections. The court then concurred in the plea agreement. Immediately thereafter, the defendant entered a plea of guilty to murder as alleged in count I. Ill. Rev. Stat. 1979, ch. 38, par. 9-1(a)(1).
The court then informed the defendant of the charges against him as follows:
"Now, the nature of the charge is that on or about May 21, 1979, in DuPage County, you committed the offense of murder in that, without lawful justification and with intent to kill Scott Brunoehler, you strangled Scott Brunoehler, thereby causing the death of Scott Brunoehler * * *."
In response to the question of whether he understood the charges, the defendant said, "Yes. I do." The court then admonished the defendant pursuant to Supreme Court Rule 402, and the assistant State's Attorney articulated the factual basis for the guilty plea as follows.
On May 21, 1979, the body of Scott R. Brunoehler, an inmate at the Du Page County jail, was discovered hanging from a light fixture in the jail. The defendant was also incarcerated in the jail at the time of Brunoehler's death. Investigation by the Du Page County sheriff's office revealed that Brunoehler's death was caused by defendant and two other inmates, James Devin and Robert Gangestead.
The defendant's participation in the crime involved holding down the victim's feet while one of the other individuals held down his arms and the third individual strangled the victim with a rope. The defendant and Robert Gangestead then held up the victim's body while James Devin tied the rope around a padlock, apparently suspended from the ceiling, "in such a manner as to make it appear as if the offense had been a suicide * * *."
On May 24, 1979, defendant gave a full confession to Detectives Tanke and Glinski of the Du Page County Sheriff's Office. In the confession, Hopson indicated that James Devin told him that there was going to be a "blanket party." Defendant observed James Devin take out a rope which had been braided from bed sheets and make the statement "[s]nitches don't live." The defendant made similar confessions to Detective Allen McKechnie, assistant State's Attorneys Charles Emery and Robert Anderson on May 25, 1979, and to Deputy Robert Quinn of the sheriff's office on May 30, 1979.
After the assistant State's Attorney articulated the factual basis for the plea the following colloquy ensued:
"MR. ANDERSON: I believe that the defendant has indicated that he is pleading guilty because he did so participate.
Is that correct, Mr. Hopson?
DEFENDANT HOPSON: I'm sorry, Yes.
THE COURT: Are those the facts that the State's evidence would show, Mr. Hopson?
DEFENDANT HOPSON: Yes."
The court then accepted defendant's plea of guilty and set the date for the sentencing hearing.
At the sentencing hearing on May 1, 1980, the State nolle prossed counts II through V in the indictment and recommended a sentence of 20 years in the Department of Corrections. In response to a question from the court, the defendant stated:
"I just — from what I — I've already talked to the State's Attorney, and they've explained pretty much what is happening and all the questions have been answered so far.
I just was wondering if the Court could reduce the charge, but I've been informed that you could not. That's the only question I had."
The court then sentenced defendant to 20 years in the Department of Corrections.
Thereafter, defendant filed a motion to vacate the plea of guilty on May 30, 1980, and new counsel was appointed to represent him. In an amended motion to vacate the plea the defendant alleged:
"6. That there was not substantial compliance with said Supreme Court Rule 402, Chapter 110A, Illinois Revised Statutes. In that, the court did not properly inform him of the nature of the charges pending against him as the Defendant was not advised that intent was an element of the crime that he was pleading guilty to.
7. That the record of the plea of guilty does not state a proper factual basis upon which to base a plea of guilty to the crime of murder.
8. That your Petitioner maintained and continues to maintain that he never intended to murder the victim herein."
At the hearing on the motion to withdraw the guilty plea, defendant Hopson testified that on December 6, 1979, the day the plea was entered, he was given the drugs adapin and tranxene by Deputy Quinn prior to being brought to court. Hopson stated that he had met with attorney William (sic) Zimmerman three or four times prior to the entry of the guilty plea and that at no time did Zimmerman explain the elements of the offense of murder or explain the element of intent. Hopson could not remember the events of the day the guilty plea was entered because his attention was diverted elsewhere. He testified that as the State's Attorney was relating the factual basis for the guilty plea, his lawyer was informing him that his wife had left for Florida with his son. Finally, when asked if he understood from his conversations with Zimmerman, the State's Attorney, and the Judge, that the offense of murder involved the element of intent, Hopson replied, "I, I presumed it, but he never explained it to me."
On cross-examination, Hopson stated that his lawyer gave him the impression that if he didn't plead guilty, he would receive the death penalty. The defendant also indicated that he could not recall other portions of the proceedings concerning the guilty plea because "when he told me I was going to get 20 years, I was in a state of shock." Hopson further testified that the drugs adapin and tranxene were administered to him to calm him down. The drugs were supposed to be administered at different times, but, defendant stated, on December 6, both drugs were administered at the same time by Deputy Quinn.
On redirect examination, defendant testified that he responded, "I'm sorry, [y]es" to the State's Attorney's question at the December 6, 1979, hearing regarding defendant's participation in the crime because he did not hear what was said. He also stated that, in his opinion, the drugs he had taken on December 6 impaired his ability to think. Lastly, Hopson testified that had he known that the State would have to prove that he intended to kill the victim, he would not have pleaded guilty.
The State then called David Disharoon, who is employed as a senior medical officer for the Du Page County sheriff's department. Disharoon is responsible for the administration of medication to the residents of the Du Page County jail. A record of defendant Hopson's physical examination indicated that he was receiving one tablet of 22.5 milligrams of tranxene and one tablet of 30 milligrams of dalmene daily. Disharoon classified these drugs as mild tranquilizers. Disharoon stated that, in his opinion, people taking these types of medication do not have any particular difficulty understanding what is happening around them, and they are able to understand questions asked them. On cross-examination, Disharoon testified that although the two drugs are never administered together, if they were, "you would not be totally confused, but you would be very sleepy and you would probably sleep."
Arthur H. Zimmerman, defendant's lawyer who represented him during the entry of the guilty plea, testified that he had spoken with Hopson seven or eight times prior to the entry of the guilty plea and that they discussed the matter of the guilty plea and the possibility of defenses on those occasions. On December 6, 1979, prior to the time the plea was entered, the two discussed the plea one final time and whether it would be more prudent for Hopson to defend the matter. Zimmerman and Hopson discussed using the defense of compulsion and whether the State's Attorney's office would accept a plea of manslaughter. On that day, Zimmerman could not notice any marked difference in Hopson's manner. Hopson was competent and understood what was said to him. During Hopson's contacts with Zimmerman, Hopson never related that he wanted to withdraw his plea of guilty.
On cross-examination, Zimmerman stated that Hopson during a part of the time was not paying full attention to the proceeding during the entry of the guilty plea because he was asking Zimmerman about his marital situation and child custody. Zimmerman indicated that he did not discuss in specificity the element of intent with Hopson but that Hopson had frequently told him that he did not intend to kill anyone.
Robert Anderson, the assistant State's Attorney who had been assigned to prosecute Hopson, was then called by the State. Anderson had conversed with Hopson on December 6, 1979, just prior to the entry of the guilty plea. Anderson testified that Hopson seemed fully aware of what was occurring and was competent to enter the guilty plea.
Defendant was granted leave to amend the motion to vacate to conform to the evidence that he had ingested some drugs prior to coming to court on December 6, 1979. After hearing arguments from both sides, the court denied defendant's motion to vacate his guilty plea.
Defendant's first contention on appeal is that the trial court erred in refusing to vacate his plea of guilty because the factual basis for the plea contained in the record was inadequate to support the charge of murder.
Supreme Court Rule 402(c) requires that the trial court first determine the factual basis of a guilty plea before it enters final judgment on the plea. (Ill. Rev. Stat. 1979, ch. 110A, par. 402(c).) A factual basis for a plea of guilty may be established in a number of ways. The prosecuting attorney may summarize the testimony he would present; the facts in the case may be stated by witnesses; or, the facts of the case may be determined from an examination of the presentence report. (People v. Lumley (1979), 76 Ill. App.3d 221, 223, 394 N.E.2d 1079.) In the present case, the assistant State's Attorney recited a factual basis for the plea as set forth above and related the substance of a confession by the defendant given on several occasions. At the conclusion of this recitation, defendant's attorney stipulated to and defendant acknowledged the truth of the facts asserted.
• 1 However, defendant asserts that the facts read into the record do not conform to the charge contained in count I of the indictment. Count I alleges that William Hopson "without lawful justification and with the intent to kill Scott Brunoehler strangled Scott Brunoehler thereby causing the death of Scott Brunoehler at a time when Scott Brunoehler was an inmate in the DuPage County Jail." The factual basis as read into the record by the assistant State's Attorney demonstrated that defendant's involvement in the crime consisted of holding the victim's feet down while James Devin strangled the victim. The fact that defendant was not the one who actually strangled the victim is not significant. The factual basis clearly exhibits that defendant would be guilty of the offense of murder pursuant to a theory of accountability. Section 5-2 of the Criminal Code of 1961 provides that a person is accountable for the conduct of another when "[e]ither before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense." (Ill. Rev. Stat. 1979, ch. 38, par. 5-2(c).) The defendant was properly charged in count I of the indictment since it is well established that a person who commits an offense under accountability principles can be charged and tried under an indictment for the substantive offense. People v. Buffington (1977), 51 Ill. App.3d 899, 902, 366 N.E.2d 1099.
• 2, 3 Defendant further contends, however, that the facts fall short of establishing his guilt on a theory of accountability since, to be accountable for the acts of another, the defendant must have the concurrent specific intent to promote or facilitate the commission of the offense. (People v. Sakalas (1980), 85 Ill. App.3d 59, 68, 405 N.E.2d 1121.) Defendant asserts that, although the factual basis indicates that he held the victim's feet down, the record does not establish that he was aware that he was facilitating the murder of the victim, and thus, he lacked the necessary, specific intent. This assertion is not borne out by the record. The record indicates that just prior to the victim's murder, James Devin told defendant that there was going to be a "blanket party" and that "snitches don't live." Also, the record indicates that, once it became apparent to defendant that a murder was taking place, defendant did not attempt to prevent the commission of the offense or retract his actions in any way. In fact, after the murder, defendant helped the other inmates in hanging the body from the ceiling of the jail in an attempt to make it appear as if the death was caused by suicide. Although mere presence at the scene of a crime does not make a person accountable for the criminal acts of another, proof of a common design can be drawn from the circumstances surrounding commission of the act. (People v. Kelly (1980), 89 Ill. App.3d 400, 404, 411 N.E.2d 1012.) We need not decide whether this evidence would have been sufficient to prove that defendant had the requisite intent if the case had gone to trial. It is clear that the quantum of proof necessary to determine if there is a factual basis for the plea is less than that necessary to sustain a conviction after a full trial. (People v. Nyberg (1976), 64 Ill.2d 210, 215, 356 N.E.2d 80, cert. denied (1977), 430 U.S. 970, 52 L.Ed.2d 362, 97 S.Ct. 1654.) Accordingly, we find that the factual basis for defendant's plea of guilty was clearly sufficient.
• 4 Defendant next asserts that his motion to withdraw his plea should have been allowed since it was not made voluntarily. Defendant contends that he did not understand the nature of the charge with regard to the requirement of the element of intent for the offense of murder. He further argues that his attorney never explained the indictment to him; that the attorney never explained the elements of the crime to him, particularly that of intent; and that he continually maintained to his attorney that he did not intend to kill anyone. At the time the plea of guilty was entered by the defendant, the court informed the defendant of the nature of the charge against him by stating that defendant was charged with committing the offense of murder "without lawful justification and with intent to kill * * *." When asked if he understood the nature of the charge against him, defendant responded, "Yes. I do." Supreme Court Rule 402(a) has been interpreted to require the trial judge to inform the defendant of the nature of the charge and ascertain whether the defendant understands it prior to accepting a plea of guilty. (People v. Robinson (1976), 63 Ill.2d 141, 145, 345 N.E.2d 465.) From our review of the record, we are satisfied that the trial judge complied with the requirements of Rule 402.
Defendant, however, cites Henderson v. Morgan (1976), 426 U.S. 637, 49 L.Ed.2d 108, 96 S.Ct. 2253, in support of his contention that his misapprehension of law rendered his plea involuntary. In Henderson, the defendant was charged with first-degree murder. He later pleaded guilty to the charge of second-degree murder in the State trial court without having been informed by the court of the necessary element of intent to kill. After exhausting his State remedies, defendant filed a writ of habeas corpus in a Federal district court alleging that his guilty plea was involuntary because he was unaware that intent to kill was a necessary element of second-degree murder. On certiorari to the United States Supreme Court, the court held that defendant's conviction was entered without due process since he did not receive adequate notice of the offense, and hence, his plea was involuntary.
However, we view the recent Illinois Supreme Court case of People v. Barker (1980), 83 Ill.2d 319, 415 N.E.2d 404, as being more relevant. In Barker, defendant pleaded guilty in the trial court to two counts of attempted murder. The defendant's plea was entered pursuant to an agreement with the State whereby the State agreed to nolle pros the other counts in the indictment along with several other unrelated offenses. It was also agreed that defendant would not receive a sentence of more than 20 years. At the hearing, the defendant was not informed that intent to kill was a necessary element of the offense. The defendant then agreed in substance with the factual basis of the plea as stated by the State's Attorney. Later, at the sentencing hearing, defendant stated, "I never had no intentions of taking no one's life." The court then imposed a sentence of 20 years. The defendant later filed a motion to withdraw his guilty plea and the trial court denied it. The defendant alleged in the supreme court, among other things, that his pleas were not voluntary since the trial judge failed to admonish him that intent to kill was an essential element of attempted murder.
The supreme court rejected this argument and held that the trial judge's admonishments to the defendant were sufficient and that defendant had failed to establish a basis for withdrawal of his guilty plea. In reaching this conclusion, the court noted that the indictments adequately alleged the element of intent, the indictments were read to the defendant before his guilty pleas were accepted, the defendant had received copies of the indictments prior to the hearing, and the defendant indicated at the hearing that he had no question about "what the charge is or what it means." The court stated that the record satisfactorily showed that the defendant was informed of the nature of the charges, including the requirement of the specific intent to commit murder, and that he understood the nature of the charges. (83 Ill.2d 319, 330, 415 N.E.2d 404.) The court then distinguished Henderson v. Morgan in the following manner:
"A significant difference between our case and Henderson is found in the fact that no formal charge of second-degree murder was ever made against the defendant in Henderson. He had originally been charged with first-degree murder, a crime which requires a different mental state than second-degree murder. * * *
In our case, unlike in Henderson, the indictment informed the defendant that he was charged with performing certain acts with the intent to commit murder. Since he was charged with having the requisite mental state, as the court stated in Henderson, this element of the offense could be proved by the objective evidence that the defendant fired the shotgun in the direction of the officers. From the evidence summarized in the statement of the factual basis, a jury could find the defendant guilty of attempted murder regardless of his protestations that he did not intend to kill anyone when he fired the gun. We therefore do not agree with the defendant's contention that his statement made at the sentencing hearing negated the requisite mental state or that it put the court on notice of his misapprehension of the law so as to render his pleas involuntary." 83 Ill.2d 319, 331-32, 415 N.E.2d 404, 409-10.
Henderson v. Morgan is inapplicable to the present case for the same reasons. The indictment charged the defendant with committing the act with the intent to kill. Unlike Henderson, the defendant did not plead guilty to a crime with which he was never charged. Also, much the same procedure that was followed in Barker was followed in the present case. Defendant acknowledged that he had received a copy of the indictment prior to the hearing, and the indictment alleged that defendant acted with "intent to kill Scott Brunoehler." The trial judge informed defendant of the charge against him, including the fact that defendant had acted with the intent to kill, and defendant acknowledged that he understood.
• 5 Supreme Court Rule 402 does not require the court to explain to the defendant separately each of the elements of the offense. It requires that he be informed of "the nature of the charge." (Ill. Rev. Stat. 1979, ch. 110A, par. 402(a)(1).) There is sufficient compliance with the Rule if an ordinary person in the circumstances of the defendant would understand what the charges are. (People v. Bennett (1980), 82 Ill. App.3d 596, 599-600, 403 N.E.2d 50.) A guilty plea is not rendered involuntary by the failure to inform the defendant expressly that the charged offense requires proof of specific intent. People v. Cosey (1978), 66 Ill. App.3d 670, 672-75, 384 N.E.2d 95.
• 6, 7 Next, defendant contends that his plea was involuntary because his mental state was altered due to the ingestion of certain drugs. Deputy David Disharoon testified that the drugs that defendant had been receiving would not cause a person to have any particular difficulty in understanding what is happening around him. Defendant's suggestion that his incoherence was caused by ingesting two different drugs at the same time was contradicted by Disharoon's testimony that tranxene and dalmene were never administered together at the jail, and, if they were, they would not cause the person to become confused but merely sleepy. Also, both Arthur Zimmerman and assistant State's Attorney Robert Anderson testified that defendant was competent and understood the proceedings on December 6, 1979. Allowing the withdrawal of a guilty plea is, under Rule 604(d), a matter for the trial court's discretion. (People v. Hale (1980), 82 Ill.2d 172, 175-76, 411 N.E.2d 867.) We do not find an abuse of discretion in the trial court's rejection of this contention.
Defendant's next arguments on appeal, i.e., that his plea should be vacated because of his lawyer's statement that if defendant didn't plead guilty he would receive the death penalty and because he was not paying full attention to the proceedings on December 6 because of his preoccupation with his marital difficulties, are not properly before this court. These issues were not raised in the defendant's motions to withdraw and could be deemed as waived. (People v. Adkisson (1980), 83 Ill.2d 1, 7-8, 413 N.E.2d 1238.) Supreme Court Rule 604(d) provides in pertinent part:
"Upon appeal any issue not raised by the defendant in the motion to withdraw the plea of guilty and vacate the judgment shall be deemed waived." (Ill. Rev. Stat. 1979, ch. 110A, par. 604(d); see also People v. Bennett (1980), 82 Ill. App.3d 596, 599, 403 N.E.2d 50.)
Even if these issues were not waived by defendant's failure to include them in the motion to withdraw, the record indicates that defendant's counsel denied telling him that if he didn't plead guilty he would get the death penalty. Also, the evidence was disputed as to defendant's attentiveness at the time the plea of guilty was entered. Both of these contentions appear to have been considered and rejected by the trial judge. From our review of the record, we cannot say that this conclusion was an abuse of discretion.
• 8 Defendant next contends that he was denied effective assistance of counsel in the proceedings on his motion to vacate his guilty plea. Defendant first cites his counsel's failure to file a certificate in compliance with Supreme Court Rule 604(d). (Ill. Rev. Stat. 1979, ch. 110A, par. 604(d).) Rule 604(d) provides in relevant part:
"The defendant's attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by mail or in person to ascertain his contentions of error in the entry of the plea of guilty, has examined the trial court file and report of proceedings of the plea of guilty, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings." (Ill. Rev. Stat. 1979, ch. 110A, par. 604(d).)
Although we do not approve of counsel's failure to file the certificate, Illinois courts> have held that strict compliance with the filing provision of 604(d) is not necessary where the record reveals that counsel has performed all the functions required by the Rule. (People v. Lange (1978), 59 Ill. App.3d 603, 605, 375 N.E.2d 919; People v. Thompson (1978), 57 Ill. App.3d 100, 101, 372 N.E.2d 1105.) In such a case, the failure to file the certificate will be viewed as harmless error. (Lange, at 605; Thompson, at 101.) We believe that this is the case here. The record shows that a transcript of the December 6, 1979, plea of guilty was filed on May 2, 1980. A motion to vacate the plea of guilty was filed on May 30, 1980, and an amended motion to vacate the plea of guilty was filed on August 14, 1980, which alleged that defendant lacked the requisite intent and that he was unaware that intent was an element of the crime. The amended motion also alleged an inadequate factual basis. At the hearing on this motion, defendant's counsel ably questioned witnesses with regard to the defendant's intent, his ingestion of drugs, and his state of mind at the time of the entry of the guilty plea. Defendant's counsel was then granted leave to amend the motion to reflect the fact that defendant had ingested drugs on December 6, 1979, prior to the time of the entry of the guilty plea. Further, it appears from our examination of the record of this hearing that defendant's counsel had examined the court file and report of proceedings of the plea of guilty. We find it evident from the record that defendant's attorney consulted with the defendant personally to ascertain his contentions of error in the entry of the plea of guilty, that the attorney examined the court file and report of proceedings of the plea of guilty and that he made amendments necessary for adequate presentation of any defects in those proceedings. Also, as in People v. Lange, the defendant was advised by the court in strict compliance with Supreme Court Rule 402. (People v. Lange (1978), 59 Ill. App.3d 603, 605, 375 N.E.2d 919.) Under these facts counsel's failure to file the certificate as required by Supreme Court Rule 604(d) was harmless error.
The defendant also argues that he was denied effective assistance of counsel on the motion to withdraw the plea of guilty by his counsel's failure to present allegations at that hearing on the inadequate representation of defendant by the counsel representing him at the time he entered his plea of guilty.
• 9 Our independent review of the record discloses no evidence of actual incompetence of either of defendant's previous counsel which produced substantial prejudice to defendant and without which the result of the hearing on defendant's motion to vacate would have been different. (People v. Greer (1980), 79 Ill.2d 103, 120-21, 402 N.E.2d 203; People v. Scott (1981), 94 Ill. App.3d 159, 418 N.E.2d 805.) We therefore hold that defendant was not denied the effective assistance of counsel on his motion to vacate his guilty plea.
From a careful review of the record, we find nothing to show that the trial court erred in denying the motion to withdraw the guilty plea or that the ends of justice would be better served by submitting the case to trial.
Accordingly, the judgment of the circuit court of Du Page County is affirmed.
NASH and LINDBERG, JJ., concur.
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Visit this mesa at sunrise for the best scencic views.
Awesome view from the Mesa Arch and its a short walk from the parking area. But please be careful, the back side drops down a long ways.
This short walk in the Island in the Sky area of Canyonlands is to visit one of the few natural arches in the park. Definitely worth doing and won't take long to arrive at a great arch perched on the edge of a precipice with a great view through the arch
By far, the best part of this arch was the snowy mountains in the background. The hike out to it was easy, relatively flat, and well marked-for the first half. After that, you follow cairns to the arch. We visited around 12:30 and had the entire arch to ourselves for about 10 minutes. It's gorgeous and worth the short hike...
This arch turns from beautiful to stunning if it is visited at sunrise. With sun coming out at the horizon, the whole setting of Mesa Arch transforms into a magic land.
Come early, you won't regret!!
Get here before sunrise and watch the glowing ruby light on the arch as the sun rises.
The peak lasts for about 15 minutes. You need a very wide angle lens to get best photos or do a panorama.
It my first time in USA, I have had a lot beautiful experiences and one of my favourites was go to the mesa arch. It's A cool mountain in form arc, but the top it´s no over "the floor", the arc permit see the canyon´s vacuum. It´s awesome.
This is a relatively short hike to an arch that overlooks a cliff. The arch is not particularly big and if you've seen the arches in Arches National Park nearby, you've seen a arch like this. The hike is nice enough so if you have time, by all means do it. However, if you miss it, it's not that big...
Look I can't blame the trail for the cloudy morning and it took a shine off the views.
That said the less than a mile walk is super easy and you are left with fabulous views at the end of an arch overlooking a canyon. It's pretty good. I'm sure with the right weather the views would have been spectacular.
This is a lovely arch through which you get a great view. Especially at sunrise. Unfortunately not all visitors to the National Park take notice of the information displayed and some people walk on the arch or walk through areas of fragile soil and this is pretty disheartening.
The arch is a short walk from the car park, the loop...
My wife and I hiked this trail as our last hike of the day in early October 2016 on a trip to hike the big 5 Utah national parks. It is a fairly easy trail to walk and isn't very long. That said, you will still do some up-and-down hiking to make this trek. The view through the arch is...
doing a Utah park tour..we are seniors and wonder if Canyonlands is a good place to visit if we are not hikers
I'm staying at a hotel in Monticello. Can I drive up to see the sunrise at mesa arch if we're not camping there?
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WordPress is an online, open source website creation tool written in PHP
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1.Choose your platform on which you need to create website ie here we choose wordpress 2. In the second step you need to select your Domain name 3. Installation There are two ways of installation are there one click installation or manually installation,Here we apply One
How to Create Wordpress site & Install it - GVM Technologies
WordPress is an online, open source website creation tool written in PHP,its a kind of framework it powers more than 24% of the web — a figure that rises every day. Everything from simple websites, to blogs, to complex portals and enterprise websites, and even applications,are built with WordPress.WordPress combines simplicity for users and publishers with under-the-hood complexity for developers. This makes it flexible while still being easy-to-use


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The stock of Alamos Gold Inc (USA) (NYSE:AGI) is a huge mover today! About 1.66M shares traded hands. Alamos Gold Inc (USA) (NYSE:AGI) has risen 55.56% since March 15, 2016 and is uptrending. It has outperformed by 50.07% the S&P500.
The move comes after 8 months positive chart setup for the $2.05 billion company. It was reported on Oct, 18 by Barchart.com. We have $10.52 PT which if reached, will make NYSE:AGI worth $574.00M more.
Analysts await Alamos Gold Inc (USA) (NYSE:AGI) to report earnings on November, 10. They expect $0.03 EPS, up 130.00% or $0.13 from last year's $-0.1 per share. AGI's profit will be $7.48 million for 68.50 P/E if the $0.03 EPS becomes a reality. After $-0.01 actual EPS reported by Alamos Gold Inc (USA) for the previous quarter, Wall Street now forecasts -400.00% EPS growth.
Alamos Gold Inc (USA) (NYSE:AGI) Ratings Coverage
Out of 8 analysts covering Alamos Gold (NYSE:AGI), 4 rate it a "Buy", 0 "Sell", while 4 "Hold". This means 50% are positive. Alamos Gold has been the topic of 13 analyst reports since August 11, 2015 according to StockzIntelligence Inc. On Wednesday, August 12 the stock rating was upgraded by Scotia Capital to "Sector Outperform". The stock of Alamos Gold Inc (USA) (NYSE:AGI) earned "Buy" rating by Desjardins Securities on Thursday, August 11. The stock of Alamos Gold Inc (USA) (NYSE:AGI) has "Sector Perform" rating given on Thursday, March 10 by RBC Capital Markets. The stock of Alamos Gold Inc (USA) (NYSE:AGI) has "Hold" rating given on Tuesday, May 3 by Canaccord Genuity. The stock of Alamos Gold Inc (USA) (NYSE:AGI) has "Outperform" rating given on Monday, June 27 by Raymond James. The stock has "Outperform" rating given by National Bank Canada on Friday, May 27. The stock of Alamos Gold Inc (USA) (NYSE:AGI) has "Sector Perform" rating given on Tuesday, August 11 by Howard Weil. IBC upgraded Alamos Gold Inc (USA) (NYSE:AGI) on Wednesday, August 19 to "Sector Outperform" rating. Scotia Capital downgraded the stock to "Sector Perform" rating in Tuesday, March 29 report. The firm earned "Market Perform" rating on Wednesday, April 20 by Raymond James.
According to Zacks Investment Research, "Alamos is a Canadian-based intermediate gold producer with diversified production from three operating mines in North America. This includes the Young-Davidson mine in northern Ontario, Canada and the Mulatos and El Chanate mines in Sonora State, Mexico."
More news for Alamos Gold Inc (USA) (NYSE:AGI) were recently published by: Fool.com, which released: "Why Alamos Gold Inc. Shares Jumped Nearly 17% in September" on October 11, 2016. Marketwired.com's article titled: "Corex Announces Equity Financing by Alamos Gold Inc." and published on October 11, 2016 is yet another important article.
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Meet the rappers who will do big things in 2015.
We know you're probably sick of all the year-end lists from last year, but we're already in the second month of 2015, and we're hypothesizing who will get their big break in the coming months. This time last year, Bobby Shmurda came across a particularly fiery Jahlil Beats production on YouTube. Months later, iLoveMakonnen would see Drake remixing his song on Instagram.
You may not agree with everything Kanye West says--in fact, it would be worrisome if you did--but you can't deny his omnipotence as a tastemaker. If Kanye says it's hot, it's hot. Many of today's household names were once unknowns, and thanks to Yeezy, we can now enjoy their them in their full spotlight. The Grammy's prime nemesis has won more Awards than anyone his age--21 total.
Hailing from Gary, Indiana, Freddie Gibbs moved to Los Angeles in 2006 after he signed to Interscope Records. Things didn't work out with Interscope and Gibbs inked a deal with Young Jeezy's CTE label. Things didn't work out there either, but with the help of Madlib, Freddie Gibbs was on the tip of everyone's tongue last year, and founded his own imprint, ESGN.
Kid Ink's sophomore effort hit the Billboard 200 this week, although it didn't perform quite as well as his debut My Own Lane. My Own Lane pushed 50,000 copies out opening week, which was deemed a strong release, especially for an independently-signed rapper's debut.
The Weeknd rose up as a largely anonymous kid from Toronto who released three epic mixtapes in 2011. March, August and December each held a release date for this dude who was mixing sounds of electronica, hip-hop, dubstep, R&B, downtempo and soul in a way that had never been done before.Well, it worked.
Because so many people are out in the streets flexin' and doing it for the gram, hip hop artists included, it was only right that HNHH decided to bring a new feature, "28 Grams: Hip Hop Instagram Recap".
Besides V-Day, there is another reason we decided to create this list. Yup, we're talking about that "Trap Queen" by Fetty Wap. Translation: this track is a shout-out to your bomb ass female. Straight out of New Jersey, Fetty touches on the three most important things in life: money, your crib, and your girl. In fact, this applies to almost every gangsta rapper out there.
Drake broke the Internet two nights ago by unexpectedly releasing his brand new mixtape If You're Reading This It's Too Late. It looks like Drake did the cover art himself, writing out the mixtape title in all caps above the signature 6-God prayer hands. He also included, in the same all caps chicken scratch, a very extensive list of thank yous to the people who helped him complete the project.
Now that we've spent the day listening to Drake's new album If You're Reading This It's Too Late and thoroughly dissecting it, we're presenting you with an informative graphic that breaks down the album into simple mathematics.
The Fugees second album, The Score, has garnered a significant amount of critical acclaim over the years. The LP turns 19 today, February 13th 2015, and we wanted to take a look back at the record's creation, influence, and above all: music.
This was hard. This was really hard. Mostly because we love all of Kanye West's albums. They've each played a unique role in the progression of hip-hop (and music in general), each pushing the boundaries of his sound and offering something new to the table.However it's fun to really dissect a great artist's work, and Kanye's is no different.
When the world was first introduced to Jaden and Willow Smith, the children of celebrity power couple Will Smith and Jada Pinkett-Smith, they seemed pretty normal for famous kids.
MF DOOM is one of the most interesting figures in rap music. The metal-masked villain has remained prominent in the underground rap world for over 20 years now, and his unique brand of flavor is enjoyed by critics, MCs and fans alike.
Last week we featured some of the game's heaviest hitters on Samples Of The Week, with Action Bronson and The Alchemist getting jiggy over a classic drum break and Drake once again paying homage to country music star George Strait.
Cinematic Music Group and Pro Era are teaming up to bring you a tour with Mick Jenkins and Kirk Knight during the month of February. Mick and Kirk have announced several spots across the U.S. that they'll be hitting in the coming month, kicking off a few days ago in Cleveland Heights.
For one reason or another, Big Sean has yet to achieve that "classic album" status that's so sought after in hip-hop.
No album in 2014 left some A$AP fans disgruntled, but last night, Rocky took to his tumblr, Flacko Jodye Season, to answer any, yes any, and all questions that came his way. "Dashboard Confessions" was followed by the release of the "Lord Pretty Flacko Jodye 2" video. The Q&A features revelations on Rocky's personal preferences in many areas of interest, including: weed, sex, and music.
Valentine's Day is right around the corner, and if you left your card shopping to last minute (cause really, who doesn't?), we've rounded up some hip-hop-themed Valentine's Day cards for you and your girl/boy.
After a few paltry weeks, we finally have a chart we can be proud of. Good on you, HNHH fam. Our Top 100 chart contained a number of notable tracks this week. These are songs that generated a lot of interest, whether it be through comments or views, and still deserve a second look or a deeper consideration.
On paper, the two new Kendrick Lamar songs we've received in the past six months couldn't be more different. The first, "i", was deemed a departure from his acclaimed 2012 album, good kid, m.A.A.d city, and compared to Pharrell's "Happy" and OutKast's "Hey Ya" in varying degrees of disdain by fans on Twitter.
Some might say Suge Knight isn't having the best year, and it's only just begun. The co-founder of Death Row Records started off 2015 with a murder charge to his name, not to mention, he's suffering from a few medical issues stemming from 2014's shooting.
Gucci Mane has been sculpting talent, and promoting new artists since the beginning his career, but it's only over the last couple of years that he's been recognized as a great A&R.
Awful Records are a tough bunch to pin down. For starters, there are fifteen of them, and everyone seems to drop a new project every three or four months. Then there's the fact they seem to lack a unifying sound, all going off in their own directions, each one seemingly more leftfield than the next.
North Carolina's Patrick Douthit isn't like most hip-hop stars. He's uninterested with chains, fame, cars, clothes and objectifying women. He's concerned with honoring classic soul music through his sample-based hip-hop beats. That has been enough to catch the attention of Jay Z, Beyonce, De La Soul, Kendrick Lamar, Big K.R.I.T., Erykah Badu and many more.
Last year in March, Kid Ink reached a big milestone for a new artist: his single "Show Me" featuring Chris Brown went double Platinum.
This week we see Ne-Yo make his grand entrance on the Billboard 200 with Non-Fiction, and we're also analyzing Lupe Fiasco and Joey Bada$$ in their second week out. As we saw last week, Joey Bad started off strong with a #5 debut, much higher than Lupe's Tetsuo & Youth. However was that just hype for his first week out?
Have you ever scrolled through Instagram and instantly bursted into uncontrollable laughter? Raised your eyebrow? Scratched your head? Instantly smiled? Thought, "Damn. That's dope."? Stared at your phone? Did an instant repost? HNHH is sure you've answered yes to at least one of those questions.
The Grammys bring all of recorded popular music together under one roof. It's the only time you can see Snoop Dogg and Billy Joel at the same party (because Billy's a Piru for life).
Underrated Audio aims to provide you with some dope looks from the last seven days that flew under most peoples' radars. While they may have received front-page placement on HNHH, they didn't get as many views as they deserve, so we shine a little more light on them right here.
James Dewitt Yancey, AKA Jay Dee, AKA J Dilla would have turned 41 today. One of the most influential producers of modern hip-hop and soul, he was a musical genius, inspiring artists in all genres of music with his ability to make the most perfect beats.


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Social workers can help alleviate some of schools' and students' most pressing problems, according to Jessica Ritter, an assistant professor of social work at Pacific University in Oregon. She writes that social workers can help children with special needs, decrease violence and bullying, offer counseling and more. Oregon should join 32 other states and license school social workers to allow more into public schools, she writes.
Full Story:The Oregonian (Portland)


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July 3, 2006
PHILIP BROWNE, PLAINTIFF,v.POTOMAC ELECTRIC POWER COMPANY, DEFENDANT.
Plaintiff Philip Browne brought this action against Potomac Electric Power Company ("Pepco") alleging retaliatory discrimination in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 1981, and the D.C. Human Rights Act ("DCHRA"). Pepco has filed a motion to dismiss, arguing that Browne failed to allege that he administratively exhausted his Title VII claim and, in any event, failed to allege an adverse personnel action for each of his retaliation claims. Because Browne has failed to allege exhaustion of administrative remedies with respect to his Title VII claim, that claim will be dismissed without prejudice. Because Browne properly alleges materially adverse actions to support his claim of retaliation under § 1981 and the DCHRA, Pepco's motion to dismiss with respect to those claims will be denied.
According to the complaint, Browne is a Supervisor, Engineering Liaison for Pepco and is black. (Compl. ¶ 3.) In September 2003, Pepco posted notice of an opening for a General Supervisor, Distribution Support Services. Browne applied for the position but was not selected. (Id. ¶ 4.) In May 2004, Browne filed a complaint with the District of Columbia Office of Human Rights ("OHR") alleging that his non-selection was due to racial discrimination. (Id. ¶ 5.) OHR held a mediation session between Pepco and Browne in July 2004 to try to resolve Browne's complaint, but without success. (Id. ¶¶ 6, 7.) Shortly after the mediation session, Pepco informed Browne that disciplinary action would be taken against him because of an inquiry he made into why his subordinate failed to get an upgrade. (Id. ¶ 7.) Browne's counsel responded by sending a letter to an Assistant General Counsel of Pepco, notifying her that retaliation against an employee for filing a discrimination claim was prohibited by law. (Id. ¶¶ 6, 8.) In September 2004, Pepco issued a Decision Making Leave ("DML")*fn1 against Browne allegedly because, among other reasons, Browne communicated with the union. (Id. ¶¶ 10-12.) In addition, Browne's 2004 performance appraisal was downgraded from "outstanding" to "needs improvement." (Id. ¶ 14.)
In June 2005, Browne filed this suit alleging unlawful retaliation in violation of Title VII, 42 U.S.C. § 1981, and the DCHRA. Pepco has moved to dismiss Browne's claims, arguing that Browne failed to allege administrative exhaustion of his Title VII claim and, in any event, failed to allege an adverse personnel action for all of his retaliation claims.
"A Rule 12(b)(6) motion is intended to test the legal sufficiency of the complaint. But the complaint need only set forth a short and plain statement of the claim, giving the defendant fair notice of the claim and the grounds upon which it rests. Such simplified notice pleading is made possible by the liberal opportunity for discovery and the other pretrial procedures established by the Rules to disclose more precisely the basis of both claim and defense and to define more narrowly the disputed facts and issues. In light of these liberal pleading requirements, a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Kingman Park Civic Ass'n v. Williams, 348 F.3d 1033, 1040 (D.C. Cir. 2003) (citations and internal quotation marks omitted).
In considering a Rule 12(b)(6) motion, a court must accept all the allegations in a plaintiff's complaint as true and construe them in the light most favorable to the plaintiff. Jungquist v. Sheikh Sultan Bin Khalifa Al Nahyan, 115 F.3d 1020, 1027 (D.C. Cir. 1997). "Dismissal under Rule 12(b)(6) is proper when, taking the material allegations of the complaint as admitted, and construing them in plaintiff['s] favor, the court finds that the plaintiff[] ha[s] failed to allege all the material elements of [his] cause of action." Weyrich v. The New Republic, Inc., 235 F.3d 617, 623 (D.C. Cir. 2001) (internal quotation marks and citations omitted) (quoting Taylor v. FDIC, 132 F.3d 753, 761 (D.C. Cir. 1997)).
"Title VII requires that a [non-federal employee] complaining of a violation file an administrative charge with the [Equal Employment Opportunity Commission ("EEOC")] and allow the agency time to act on the charge. Only after the EEOC has notified the aggrieved person of its decision to dismiss or its inability to bring a civil action within the requisite time period can that person bring a civil action herself." Park v. Howard Univ., 71 F.3d 904, 907 (D.C. Cir. 1995). Failure to allege exhaustion of these administrative remedies for Title VII claims will result in the dismissal of the claims without prejudice. See Brewer v. Cleveland Mun. Sch. Dist., 84 Fed. Appx. 570, 572 (6th Cir. 2003); Jones v. District of Columbia, 273 F. Supp. 2d 61, 64 (D.D.C. 2003).
Here, Browne has not alleged, as he must to state a claim under Title VII, that he timely contacted the EEOC concerning his claim of retaliation.*fn2 Therefore, his Title VII claim will be dismissed without prejudice.
To state a claim of retaliation under the DCHRA or § 1981, a plaintiff must show (1) that he engaged in statutorily protected activity; (2) that the employer took materially adverse action such that the action would dissuade a reasonable employee from making or supporting a charge of discrimination; and (3) that a causal connection existed between the protected activity and the employer action. See Burlington N. & Santa Fe Ry. Co. v. White, No. 05-259, 2006 WL 1698953, at *3 (U.S. June 22, 2006)*fn3 ; Lemmons v. Georgetown Univ. Hosp., Civil Action No. 04-705 (RBW), 2006 WL 1174444, at *11 (D.D.C. May 4, 2006); Keys v. Washington Metro. Area Transit Auth., 408 F. Supp. 2d 1, 7 (D.D.C. 2005).
Browne alleges that he filed a claim of discriminatory non-selection against Pepco and that soon after Pepco engaged in numerous retaliatory measures against him, including threatening disciplinary action allegedly for inquiring into a subordinate's failure to get an upgrade, taking disciplinary action by issuing a DML allegedly because Browne communicated with the union, and downgrading Browne's performance appraisal from "outstanding" to "needs improvement." (See Compl. ¶¶ 7, 9, 10-12, 14.) Pepco argues that a materially adverse action necessary to state a claim of retaliation is typically an ultimate employment decision -- such as hiring, discharging, promoting, and compensating -- or an action with materially adverse consequences affecting the terms, conditions, or privileges of employment, and that none of Browne's allegations amounts to such an action. (See Pepco's Mem. P. & A. in Supp. of Mot. to Dismiss at 7-10.)
Pepco's argument misapprehends the standard for actionable adverse actions in retaliation claims. In White, the Supreme Court held that a materially adverse action for a retaliation claim is one that would dissuade a reasonable employee from bringing discrimination charges, and that requiring an employee to perform more arduous duties rather than easier or more agreeable duties was just such an action. White, 2006 WL 1698953, at *10, 12. Just as insisting that an employee spend more time performing more arduous work would discourage a reasonable employee from bringing discrimination charges, so too would formal disciplinary action and a poor performance evaluation. Browne's allegedly retaliatory formal reprimand and poor performance evaluations are not "petty slights, minor annoyances, [or] simple lack of good manners[,]" but rather materially adverse actions that will support a claim of retaliation under § 1981 and the DHCRA.*fn4 Id. at 10.
Browne has failed to allege exhaustion of administrative remedies with respect to his Title VII claim, and that claim will be dismissed without prejudice. Browne properly alleges materially adverse actions by Pepco in support of his claim of retaliation under § 1981 and the DCHRA, and the motion to dismiss with respect to those claims will be denied. Accordingly, it is hereby ORDERED that Pepco's motion [3] to dismiss be, and hereby is, GRANTED in part and DENIED in part. Browne's claim of retaliation under Title VII is dismissed without prejudice, and defendant's motion is otherwise denied.
SIGNED this 3rd day of July, 2006.
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Village of Necedah - Great price and great location to build your new dream home. Wooded lot is located in the Village of Necedah within walking distance to business district (shopping, post office, convenient store) and only block away from the village library. There is also possibility to build a duplex: live in one and rent the other or use as investment and rent entire duplex. Make an offer today. bz
New Lisbon Area - Buildable lot in Waterfront Community. This nicely wooded lot is located in Waterstone Development on Castle Rock Lake. Off water lot with many amenities. The development offers an indoor water park and club house. This wooded building parcel offers privacy yet you have amenities right down the street to enjoy. Priced below assessed value. bjb
Adams Area - Nice 9.16 Acre mostly wooded parcel just North of Friendship. First time offered at this price, shared driveway off State Hwy 13 allows privacy and a nice setting close to all area activities. ggr
Castle Rock Lake - Waterstone - Castle Rock Lake Waterfront Lot for under $40,000. This wooded lot is part of Waterstone development and has 150' of frontage on Castle Rock Lake. There is also sanitary sewer connection so there is no need for a private septic system. Waterstone development offers an indoor pool / clubhouse / tennis courts / children's pool / putting green / indoor basketball court / fitness center and more. You also get a private boat slip on Castle Rock Lake pmm
Mauston - Fixer upper at its finest! This home needs foundation work as the back of the properties block foundation wall has shifted inward several inches. Currently has water in the basement. Obvious presence of mold growth throughout home. The structure of the home otherwise currently seems sound. Large Rooms and a nice floor plan makes this home have potential to the right individual who is willing to put some time and money into making it the home that it once was. All reasonable offers considered. sjp
Castle Rock Lake - Waterstone - 120' of frontage on private Waterstone Lake and access to Castle Rock Lake. There is also sanitary sewer connection so there is no need for a private septic system. Waterstone development offers an indoor pool / clubhouse / tennis courts / children's pool / putting green / indoor basketball court / fitness center and more. You also get a private boat slip on Castle Rock Lake. pmm
Baraboo - Affordably priced 3 Bd 1 Ba home in Baraboo approx. 1200 finished sq. ft. of living space, nice location. All offers are subject to seller approval. ggr
Castle Rock Lake - Waterstone - Newer waterfront community on Castle Rock Lake. Waterstone Private wooded lots, clubhouse with indoor pool, hot tub, exercise room, basket ball court, game room, showers, interior swimming pond, tennis courts and you'll be a member of the future water park. 133'+ of water frontage on Castle Rock Lake and Boat slips available! kkc
Sale Pending
Mauston - Location Location Location! This nice 3 bd. 1 ba. ranch style home truly has a lot to offer. A full unfinished basement, over 1200 sq. ft. on the main level, nice deck, even a 2 car detached garage, all on a nice corner lot. Some TLC: is needed but an excellent value. ggr
Castle Rock Lake - Copper Point - An amazing value, beautiful Castle Rock Lake waterfront lot! This gorgeous lot is located in one of the area's premier developments. Beautiful East view of Castle Rock Lake and a slight elevation right to the water. Bonus - amenities include indoor pool and waterpark, 20 acre private lake and so much more. Listed at $80,000 below assessed value so bring your building plans and start living. ggr


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Is this a Lebanese restaurant?
Is this restaurant appropriate for Kids?
Is this restaurant good for dinner?
Is this restaurant good for dining on a budget?
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Is this restaurant wheelchair accessible?
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Is this restaurant good for lunch?
Are the prices at this restaurant low or inexpensive?
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Garbanzo is like the Chipotle of Mediterranean food. I love the variety of topping options that are offered. Yummy pitas and falafel. Reasonably priced.
When Garbanzo first opened in Boulder, it was a great place to eat. The food service was quick, the menu was vegetarian friendly and extensive, the style was fast casual and above all, the staff was upbeat. Alas...how the mighty have fallen. We visited Garbanzo last weekend and it was a lamentable never to repeat experience. The menu has changed...
This place is quick and serves up various middle eastern dishes. Large portions, fresh ingredients, and friendly staff. Good quick place to grab a meal!
I have been to plenty of Mediterranean style restaurants in my day and for being a chain and serving chipotle style this place is pretty good. The gyro meat taste like it should and the tzatziki sauce is good, really good. They do have a gluten free pita which I am told is very good as well. Priced right and...
I couldn't finish my pita. I realize it may have been my own fault since I ordered Chipotle style, but the hummus and red onion overwhelmed everything else. Otherwise, the restaurant was clean and unremarkable.
Middle Eastern yum! Pleasant staff, great food. The baba ganoush is so hearty, and so much easier than roasting your own eggplant. I don't care if it is a chain, it's fantastic!
This place is very fresh, friendly, and delicious. The falafel was very good as well as the steak and chicken! You won't be disappointed.
I was at Garbanzo a couple months ago and they changed. Now it's a build your own style like the burrito places. I usually get the gyro ($8.95) They offer lots of topping choices - the pickles were unique and good. They also figured out a good way to wrap them up so the gyros don't leak. I won't eat...
We were in 29th Street Mall and looking for a quick meal.There were few options and we decided to give this place a try. Turned out to be an awesome experience.The staff helped us in selecting the food.. Must try the falafels. They were delicious.Food was healthy and freshly made. The restaurant wasn';t crowded at all so we could have...
It is just another Garabanzo with tasty Falafals and pita to please your taste buds. I have been here at peak hours and always find an empty table to seat. Staff is friendly and they offer free falafal sample all day long ( it is special for me cause I cant have enough of'em.)
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Best Western Grand Canyon Squire Inn
100 Highway 64
"Nice hotel for the area. They have a bowling alley and pool tables, a bar and a nice restaurant. There is a pool, for nice weather."
Canyon Plaza Resort Grand Canyon
406 Canyon Plaza Lane
"Nice rooms, fast wifi, great indoor spa : a very good place to stay at"
Holiday Inn Express & Suites Grand Canyon
226 Arizona 64
"Hotel is perfect for a few days To visit Grand Canyon. It is true about the internet!"
Plaza Bonita
Mexican · $$
"Great atmosphere and delicious food! Fajitas were great as well as the rest of the fare. Original Margarita seemed to have more than 1 oz. Service great and friendly staff!"
Grand Canyon National Park
National Park
Entrance Rd (btwn Route 89 & Route 93)
"Once in a lifetime scenic views. Go during dawn or dusk for the best views. Check out Mather Point and Desert View Watchtower!"
National Geographic Visitors Center Grand Canyon
Movie Theater
"Great movie with history of Grand Canyon highlighted by narratives of Native Americans and explorers, and done in fantastic IMAX tradition. Don't miss it!"
Created by Steven Vermeir
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Created by Alexandre Gomes
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ERIC Number: ED185385
Record Type: RIE
Publication Date: 1980
Pages: 203
Abstractor: N/A
Reference Count: 0
Art, Education, and the World of Work. A Handbook for Career Education in Art.
Silverman, Ronald, Ed.
The purpose of this handbook is to encourage a dialogue among art educators, career educators, and those who function in the world of work in art and to acquaint art educators with art career education potentialities through identifying important school programs and audiovisual resources. Each of the five chapters is comprised of papers delivered at four National Art Education Association Career Education Conferences. Chapters included are (1) Defining Career Education: Relating Career Education to the Arts; (2) Art and Career Education: Alternative Explanation for Career Oriented Art Programs; (3) Artist and Patron: The Rewards and Frustrations of Careers in Art; and (4) Art Career Education: Theory into Practice. The final chapter contains an annotated bibliography of print and nonprint materials related to career education in the visual arts. (LRA)
Descriptors: Annotated Bibliographies, Art Activities, Art Education, Career Awareness, Career Education, Elementary Secondary Education, Higher Education, Needs Assessment, Postsecondary Education, Program Descriptions, Reference Materials
The National Art Education Association, 1916 Association Drive, Reston, VA 22091 ($9.75).
Publication Type: Guides - Non-Classroom; Reference Materials - Bibliographies
Education Level: N/A
Audience: N/A
Language: English
Sponsor: Office of Education (DHEW), Washington, DC.
Authoring Institution: National Art Education Association, Reston, VA.
Identifiers: National Art Education Association
Note: Photographs and information in diagrams, references, and the bibliography will not reproduce well. For related documents see CE 024 977-979.


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March 27, 2012
INTEGRATED WASTE SOLUTIONS, INC., D/B/A DUMPSTER SOURCE, DUMPSTERSOURCE.COM, PLAINTIFF,v.SUDHAKAR GOVERDHANAM, PRIME TECHNOLOGY GROUP, INC., SERVICE DIRECT GROUP LLC, D/B/A DUMPSTER DIRECT, DUMPSTERDIRECT.COM, & JOHN DOES 1-4, DEFENDANTS.
Presently before the Court is the Motion of Plaintiff Integrated Waste Solutions, Inc., d/b/a Dumpster Source to Amend its Complaint to Add as a Party Defendant Prime KI Software Solutions Pvt., Ltd. For the following reasons, the Motion is granted.
Plaintiff Integrated Waste, headquartered in New Jersey with its principal place of business in West Chester, Pennsylvania, leases waste disposal containers and compactors to residential and commercial customers via a network of approved vendors. (Am. Compl. ¶¶ 9, 19.) Defendant Prime Technology Group, Inc. ("Defendant Prime") is a global IT consulting company that develops specialized software for businesses. (Id. ¶ 27.) In 2007, Plaintiff contracted with Defendant Prime to create customized software so that Plaintiff could conduct its business using an online, interactive website. (Id. ¶¶ 37-41.) Prior to executing the contract, Plaintiff had Defendant Prime sign a Confidentiality and Non-Disclosure Agreement. (Id. ¶ 32.) The Agreement prohibited Defendant Prime from using or disclosing "any and all business rules, functional specifications, business, financial, or technical information or data in any form or medium whatsoever, tangible or intangible. . . ." (Id. ¶ 33.)
According to Plaintiff, Defendant Prime failed to perform its obligations under the terms of the contract, forcing Plaintiff to hire another entity to create its online business systems and software programs at additional cost. (Id. ¶¶ 41-47.) Furthermore, in late 2009, Plaintiff learned from a tracking service that its website "was being cyber-attacked by thousands of first weekly then daily hits, all originating from Hyderabad and Delhi, India." (Id. ¶ 53.) According to Plaintiff, Defendants engaged in these attacks in order to obtain Plaintiff's pricing and vendor information by zip code, track changes Plaintiff made to its business rules, and access Plaintiff's confidential information. (Id. ¶ 54.) Thereafter, Plaintiff learned that Defendant Sudhakar Goverdhanam, Defendant Prime's CEO, created his own internet-based business, Defendant Service Direct Group LLC ("Service Direct"), which provides the same waste management services as Plaintiff. (Id. ¶¶ 59, 64.) Plaintiff alleges that Defendant Service Direct, doing business as Defendant Dumpster Direct, continues to use its proprietary business information in an effort to compete with Plaintiff. (Id. ¶ 66.)
Plaintiff filed its Amended Complaint in this Court on July 22, 2010, which included the following: (1) a breach of contract claim against Defendant Prime (id. ¶¶ 70-77); (2) a request for an injunction against Defendants Prime and Dumpster Direct (id. ¶¶ 78-84); (3) an unjust enrichment claim against Defendants Prime and Dumpster Direct (id. ¶¶ 85-92); (4) a conversion claim against Defendants Prime and Dumpster Direct (id. ¶¶ 93-101); (5) a fraud claim against Defendant Goverdhanam (id. ¶¶ 102-13); (6) a breach of contract claim against Defendant Prime (id. ¶¶ 114-24); (7) a fraud and intentional misrepresentation claim against Defendant Goverdhanam (id. ¶¶ 125-35); (8) a negligent misrepresentation claim against Defendant Goverdhanam (id. ¶¶ 136-46); (9) a civil conspiracy claim against Defendant Goverdhanam and four unidentified Defendants (id. ¶¶ 147-55); (10) an unlawful access to stored communications claim made pursuant to 18 U.S.C. § 2707(a) against Defendants Prime, Service Direct, and Goverdhanam (id. ¶¶ 156-70); (11) a claim for fraud and related activity in connection with computers pursuant to 18 U.S.C. § 1030(a)(g) against Defendants Prime, Goverdhanam, and Dumpster Direct (id. ¶¶ 171-80); (12) a claim for violations of the Pennsylvania Uniform Trade Secrets Act against Prime, Goverdhanam, and Dumpster Direct (id. ¶¶ 181-99); and (13) a request for an injunction against Defendants Goverdhanam, Prime, and Dumpster Direct. (Id. ¶¶ 200-19.) A subsequent Motion to Dismiss filed by Defendants on August 9, 2010 was granted in part and denied in part, eliminating Counts V (fraud), VII (fraud and intentional misrepresentation), and VIII (negligent misrepresentation). See Integrated Waste Solutions, Inc. v. Goverdhanam, No. Civ.A.10-2155, 2010 WL 4910176 (E.D. Pa. Nov. 30, 2010).
On June 8, 2011, Plaintiff filed a Motion to Compel Discovery, alleging that Defendants failed to comply with multiple discovery requests. Defendants never filed a response, and the Court granted the Motion on June 30, 2011. On July 12, 2011, Plaintiff filed a Motion for Sanctions against Defendants for failing to comply with both its earlier discovery requests and the Court's order compelling discovery. Defendants again failed to respond, and the Court granted the Motion on August 10, 2011, resulting in a default judgment against all Defendants.
On August 20, 2011, Defendants moved for relief from the sanctions, which the Court granted on September 23, 2011. Plaintiff filed a Motion to Reinstate Default Judgment on October 25, 2011, alleging additional discovery deficiencies. The Court then held a hearing on February 1, 2012 at which Defendants were ordered to show cause as to why default should not be reentered, and Plaintiff's Motion was subsequently denied on February 7, 2012.
Plaintiff's present Motion to Amend the Complaint was filed on February 16, 2012. Defendants filed their Response in Opposition on March 5, 2012, and Plaintiff filed a Reply Brief on March 7, 2012. The Motion is now ripe for disposition.
Federal Rule of Civil Procedure 15(a) sets out the standard for granting leave to amend a complaint when, as is the case here, a responsive pleading has been served: "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). The Rule clearly states that "[t]he court should freely give leave when justice so requires." Id. Nonetheless, the policy favoring liberal amendments is not "unbounded." Dole v. Arco Chem. Co., 921 F.2d 484, 487 (3d Cir. 1990). The decision whether to grant or to deny a motion for leave to amend rests within the sound discretion of the district court. Foman v. Davis, 371 U.S. 178, 182 (1962); Waterfront Renaissance Assoc. v. Phila., 701 F. Supp. 2d 633, 639 (E.D. Pa. 2010). A district court may deny leave to amend a complaint where "it is apparent from the record that (1) the moving party has demonstrated undue delay, bad faith or dilatory motives, (2) the amendment would be futile, or (3) the amendment would prejudice the other party." Lake v. Arnold, 232 F.3d 360, 373 (3d Cir. 2000) (citingFoman, 371 U.S. at 182).
Plaintiff has filed the present Motion to Amend its Complaint in order to add as a party defendant a company called Prime KI Software Solutions Pt., Ltd. ("Prime KI India"). According to Plaintiff, it became apparent during the course of discovery that Prime KI India served as the "back-office, off-shore staff of Defendant Prime . . . ." (Pl.'s Mot. Leave Amend ¶ 2.) Plaintiff alleges that the "employees of Prime KI India include the very same personnel who breached by not performing Defendant Prime's contract with Plaintiff . . .; who purloined the Confidential and Proprietary Information of [Plaintiff] for, inter alia, Defendant Service Direct; who are operating Defendant Service Direct's dumpster service business in competition with that of Plaintiff; and who have cyber-attacked Plaintiff's on-line dumpster service site." (Id.) Finally, Plaintiff alleges that Prime KI India receives money from Defendants Prime and Service Direct merely by requesting it, without having to provide an invoice or otherwise indicate the grounds upon which it is entitled to the funds. (Id. ¶ 3.) Plaintiff believes that this unusual financial relationship "has diminished the financial integrity of each Defendant to the point that Plaintiff likely cannot be made whole by collecting on the judgment it expects to obtain after trial." (Id.)
Defendants oppose the Motion on the grounds that it is contrary to the interests of justice and judicial economy, improper, and untimely. (Def.'s Resp. Opp'n 2.) In support of these assertions, Defendants raise three arguments. First, they anticipate that Prime KI India, an Indian corporation, will assert lack of personal jurisdiction as an affirmative defense, and that resolution of this issue will delay the litigation by several months. (Id. at 3.) In the event that personal jurisdiction is established, further delay will be caused by the need for Prime KI India to engage in discovery and trial preparation. (Id.)
While it is possible that adding another party to this action would prolong the litigation, this fact alone is an insufficient basis for denying Plaintiff's Motion, and the Court finds that Plaintiff has set forth valid reasons for joining Prime KI India. Plaintiff has alleged that, after the discovery process commenced, it learned that Prime KI India and its employees worked with Defendants and engaged in the same activities that form the basis for Plaintiff's request for an injunction and its claims for breach of contract, unjust enrichment, conversion, unlawful access to stored communications, fraud, and violation of the Pennsylvania Uniform Trade Secrets Act, 12 Pa. C.S. § 5301, et seq. (Pl.'s Mot. Amend, Ex. E, Pl.'s Proposed Second Am. Compl. ¶¶ 73-115; 125-188.) It also appears that Plaintiff was unable to ascertain this information earlier because Defendants did not timely respond to its requests for discovery. (Pl.'s Mem. Supp. Mot. Amend Compl. 3, 13.) This is certainly plausible, considering the fact that this litigation has been delayed on several occasions by Defendants' multiple failures to comply with both Plaintiff's discovery requests and this Court's Orders. Thus, in light of the procedural history of this case, Defendants' argument that joining another party would cause undue delay rings hollow.
Second, Defendants contend that the Motion should be denied because Plaintiff failed to move for either required joinder of Prime KI India pursuant to Federal Rule of Civil Procedure 19*fn1 or permissive joinder pursuant to Rule 20.*fn2 (Def.'s Resp. Opp'n 3.) The Court finds no merit to this argument. Rules 19 and 20 specify the circumstances under which a party must or may be joined; in order to actually add a party to a case, the plaintiff must file an amended complaint. Therefore, Plaintiff's Motion is procedurally sound. Furthermore, because the allegations against Prime KI India and the current Defendants arise out of the same transaction or occurrence and questions of law and fact will be common to all, the Court finds that Plaintiff's proposed joinder comports with the requirements of Rule 20.
Finally, Defendants assert that the request to amend is untimely, arguing that Plaintiff knew "of the involvement an Indian entity dating back as far as the initial Complaint, [and] made no attempt to address this matter until it became apparent that this case would soon go to a trial on the merits." (Def.'s Resp. Opp'n 4.) In response, Plaintiff contends that it was not was fully aware of Prime KI India's existence as a separate legal entity until it had the opportunity to conduct discovery, which, as discussed above, was delayed on multiple occasions by Defendants. (Pl.'s Reply Br. 8.) A review of the Amended Complaint supports Plaintiff's assertion that it did not understand the nature of the relationship between the current Defendants and Prime KI India until discovery commenced. While Plaintiff alleged in the Amended Complaint that its website was being hacked from a location in India, it assumed that it was Defendants who were engaging in this activity. (Am. Compl. ¶ 1, 166.) Having learned during discovery that a separate organization assisted Defendants in the alleged hacking activity, it is entirely reasonable that Plaintiff would seek to join that organization as a party to this litigation. In sum, the Court finds no evidence that Plaintiff acted in bad faith or with a dilatory motive in filing the present Motion. Accordingly, Plaintiff's Motion to Amend its Complaint is granted.
For all of the foregoing reasons, the Court finds that Plaintiff did not act in bad faith or with dilatory motives in filing its Motion to Amend its Complaint, that the proposed amendment would not be futile, and that the amendment would not prejudice Defendants. Accordingly, Plaintiff' Motion to Amend its Complaint is granted.
An appropriate Order follows.
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Excerpt from Literature and Music: A Manual for Teachers and Students in School and Home Some one has said that "Music is of all the arts the directest epitome of life." Since literature is the interpretation of life it is obvious that the teaching of literature and music has a common aim and method. When we realize that the relations of men to each other and to nature are, after all, emotional and not intellectual, it is clear that teaching appreciation in literature aims to create power to perceive, visualize, and feel truth and beauty. The general trend of education to-day is toward unity of conception and treatment. No teacher, no subject-matter lives unto itself. The chief problem in pedagogy is how to secure willing and intelligent co-operation among teachers, and practical and vital correlation of subject-matter. This co-operation is not merely a matter of helpful assistance- it is a serious effort to find identities of aim, content, and method in teaching so that the minds and spirits of young people may not only be freed but given harmonious development. Vocational education has very well provided for the purely intellectual and material training of youth. Great sums of money are expended so that they may be taught how to make a living. But we are going to give greater attention to those processes of education which will make life worth living. The problem of the leisure hour, the elevation of taste and morals, the implanting of ideals so that the life may be more than meat and the body than raiment, is the task of the future. Its solution in our schools lies in the hands of the teachers of Literature and Music. Their efficiency lies in complete joining of forces. This union of forces implies the conviction that their work is the most important and practical work of the school. It means devotion to a noble cause, and a vision. It means a recognition of the fact that both music and literature must be taught for their immediate, esthetic values, not their deferred, prudential values. It also imposes certain obligations: the English teacher should use the Grafonola in his class-room, should read musical literature and biography, should understand musical terminology and form, and should be familiar with musical compositions- the Music Supervisor or teacher should acquaint himself with the types of English literature and literary biography, and should study the rhetorical terminology of poetry, drama, and fiction. Both should sustain a willing, intelligent, and helpful attitude of interest and service toward each other as the daily problems of class and school activities arise. Assuming that both teachers, of their own initiative, have acquainted themselves with the respective literature of each subject, they should hold periodic conferences so that the English teacher may inform the Music Supervisor of his class work in its various stages, and so that the Music Supervisor may suggest music material to employ and methods of using it. They should confer when preparing for the school's public exercises so that the music and literature will fittingly carry out the central idea of the program. The dramatics of the school should always be conducted along educational and artistic lines, never the merely entertaining. It is the duty of the English teacher to consider the drama as the most potent visible and aural interpretation of the life and thought of man. Co-operating with the Art and Crafts department, he should no less co-operate with the Music Supervisor, both working with one end in view, - the infusion of the best musical literature in song, dance, and incidental music into the dramatic values of the production. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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Details Book
|Milnor Dorey
|Forgotten Books
|Data Published
|27 September 2015
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|40 pages
|Age +
|15 years
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