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- Florida layoffs down by more than 80 percent in November
Florida employers cut 581 jobs in November, but that was down more than 80 percent from 3,006 layoffs a year ago.
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A monthlong trial aimed at settling a high-stakes water dispute between Georgia and Florida ended Thursday.
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January 22, 2009
IN THE MATTER OF ABDUL-JABBOR MALIK, APPELLANT,v.STATE OF NEW YORK, RESPONDENT.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Calendar Date: November 24, 2008
Before: Mercure, J.P., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ.
Appeal from a judgment of the Supreme Court (O'Shea, J.), entered April 29, 2008 in Chemung County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus contending that his conditional release date was improperly calculated and, further, that the statute underlying his conviction for criminal possession of a weapon in the third degree (see Penal Law § 265.02) was unconstitutionally vague. Habeas corpus relief is unavailable where, as here, the contentions advanced could have been remedied by an administrative appeal (see People ex rel. Bariteau v Donelli, 24 AD3d 1065 [2005]) or raised either upon a direct appeal from the judgment of conviction or in the context of a collateral motion (see People ex rel. Cropper v Taylor, 48 AD3d 852, 853 [2008], lv denied 10 NY3d 710 [2008]; People ex rel. Encarnacion v McGinnis, 2 AD3d 933 [2003], lv denied 1 NY3d 510 [2004]). Moreover, even assuming the issues raised by petitioner had merit, under the circumstances presented here, habeas corpus relief would be inappropriate as it would not entitle petitioner to immediate release from prison (see People ex rel. King v Bennett, 45 AD3d 1015, 1016 [2007], lv denied 10 NY3d 703 [2008]; People ex rel. Encarnacion v McGinnis, supra). Accordingly, Supreme Court's judgment is affirmed.
Mercure, J.P., Rose, Lahtinen, Malone Jr. and Kavanagh, JJ., concur.
ORDERED that the judgment is affirmed, without costs.
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Inter Milan's Brazilian striker Ronaldo suffered a twisted right knee during the UEFA Cup match with Strasbourg in France yesterday.
The 20-year-old Brazilian had to leave the game after 70 minutes during Inter's 2-0 defeat in the third round first leg match. Inter currently are on top of the Italian first division. (Agence France-Presse)Continue reading the main story


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SRS Travels operates close to 4 buses from Bangalore to Avinashi which are separated by a distance of 360Kms.Bus travel is a popular travel option between these two cities, and many buses ply between Bangalore and Avinashi. SRS Travels is a major operator along this route. The first SRS Travels bus starts at 02:15 PM, and you can easily access buses till 11:30 PM. The SRS Travels buses have a minimum bus fare starting from Rs.550, and the maximum bus fare is Rs.900.
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Bangalore is the capital of Karnataka. It is one of the fastest growing multi-ethnic cities of Asia. It is home to some of the most important industries of the country, especially the Information Technology industry and biotechnology industry. Due to the presence of a large number of IT companies, Bangalore is often called the 'Silicon Valley' of India. Bangalore houses some of India's leading organizations like ISRO, DRDO and the like. Bangalore is also a famous educational hub in the southern part of India. Bangalore, renamed as Bengaluru, is gifted with a pleasing climate. It has many gardens & parks, natural lakes, and other attractions. It offers a judicious mix of tradition and modernity. Bangalore enjoys great connectivity with all the important cities of the world. It is well connected with the nearby cities and towns by roadways. Buses are available to cities like Chennai, Mangalore, Coimbatore, Trivandrum, Kochi, Hyderabad and Pune among others.
Bus ticked booked for avinashi. But they didnt go to avinashi only. They dropped me in highway and went. Though havr told several times to the driver he didnt go to avinashi only. Always this problem happen. As a
Even though I booked ticket to Avinashi theyre dropping in bye pass in the early morning which is hectic
I have booked ticket to Avinashi, but I have been asked to get down in Avinashi by-pass. Every time same conflict is happening whenever we are booking ticket to Avinashi. Can someone address this on priority and revert with proper justification.
i booked a non a/c sleeper upper at 10.30 bus in srs travels, bus reached at 11.45, when boarded found the fan wont work, horrible night journey for me, next time booking to be done on some other travels only


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Get an overview of this hotelHotel with casino, walk to Wangfujing Street
Located in the heart of Beijing, this hotel is within a 10-minute walk of Beijing People's Art Theatre and Wangfujing Street. Tiananmen Square and Tiananmen are also within 1 mi (2 km).
Hotel Features
A casino, a restaurant, and a nightclub are available at this smoke-free hotel. Additionally, a health club, a bar/lounge, and a sauna are onsite.
Room Amenities
All 104 rooms offer 24-hour room service, minibars, and TVs with satellite channels. Hair dryers, safes, and phones are among the other amenities that guests will find.Information missing or incorrect? Tell us!Opens in a new window
Fuhao Hotel Downtown Wangfujing
Hotel Amenities
Hotel Amenities
Fuhao Hotel Downtown Wangfujing features a health club and a sauna. The hotel offers a restaurant. A bar/lounge is on site where guests can unwind with a drink.
This hotel offers access to a business center and meeting rooms. This Beijing hotel also offers a casino, a nightclub, and an arcade/game room.
Fuhao Hotel Downtown Wangfujing is a smoke-free property.
- 24-hour front desk
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Recreational amenities at the hotel include a health club and a sauna.
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Check-in time starts at 14:00:00
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Sci fi/Fantasy image byStuart Rumbel
I've lost all perspective on this piece, having worked on it for way too long. I think the major flaw now is that I've simply used too many colours, thus destroying any dramatic mood, but I'd appreciate a second opinion.
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Yesterday, the Assembly voted on A783, the Music Therapist Licensing Act, and the bill passed (59-13-0)!
"Music therapy" is defined in the bill as the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music.
This legislation will benefit not only creative therapists, but also organizations, health and wellness facilities, and New Jersey's citizens. Licensure ensures a process through which organizations and facilities can locate and hire qualified, regulated practitioners to expand and diversify the programs offered to those in need of treatment, and it ensures that the creative therapy programs offered in these facilities are of the highest caliber. Licensure ensures the availability of safe and effective treatment through creative therapies for all of New Jersey's citizens. Licensure ensures that qualified, exceptional professionals are not only receiving their education and training here but receiving the benefits that convince them to stay in the state to practice. Licensure offers viable career paths to many creative and artistic individuals, who are searching for employment opportunities to utilize their creativity and artistry.


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Relax while expert therapists massage you using the finest local and luxury products to smooth your skin and pamper your body from your head to toe! view details
Go diving is world class scuba spots, try the neat Sea Walker adventures, snorkel among colorful tropical fish or go rafting down a river in beautiful... view details
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Get the chance to meet and ride real Sumatran elephants while in Bali! view details


text: Wildlife in the Athi-Kaputiei ecosystem with new development in the background. Flickr/Kamweti Mutu November 27, 2016 Development has devastated wildlife in lands south of Nairobi Joseph Ogutu, University of Hohenheim Athi-Kaputiei is close to Nairobi where undeveloped land is exceedingly scarce and expensive. This has made it a powerful magnet for people.


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United States District Court, W.D. New York
July 2, 2015
DAVID AUGUST GAMBINO, Plaintiff,v.CAPTAIN PAYNE, et al., Defendants.
HUGH B. SCOTT, Magistrate Judge.
Before the Court is a series of motions: (a) from plaintiff proceeding pro se seeking to compel production (Docket Nos. 113, 121); (b) from plaintiff seeking leave to amend the Complaint (Docket No. 107); (c) from plaintiff seeking a protective Order (Docket No. 105); and (d) from defendants cross-moving to compel (Docket No. 111). Each motion had its briefing Schedules (Docket Nos. 106, 108, 112, 116, 119) but ultimately all motions were deemed submitted (without oral argument) on June 5, 2015 (Docket No. 116). Due to these motions, the deadlines of the current Scheduling Order (Docket No. 85) were held in abeyance pending resolution of these motions (Docket Nos. 112, 116; cf. Docket No. 106).
Separately, this Court denied plaintiff's apparent motion to compel responses to his state Freedom of Information Law requests to non-parties (Docket No. 124; cf. Docket No. 123).
Also pending are two sanctions motions filed by plaintiff (Docket Nos. 93, 126), asserting either fraud on the Court or perjury by defendants in not disclosing information about defendants and Niagara County Jail employees. Judge Arcara set a briefing schedule for the first motion (Docket No. 98; cf. Docket No. 95 (this Court's initial schedule, superseded by Judge Arcara's schedule)). This Court then set briefing for the second Motion (Docket No. 126; see Docket No. 128[1]) and it will be addressed in a separate Report & Recommendation (given the relief sought).
This is a civil rights action commenced by plaintiff, proceeding pro se as an inmate. On August 30, 2012, plaintiff filed his original Complaint (Docket No. 1), alleging that defendants exposed plaintiff's naked body in violation of his Jewish religious beliefs in modesty, that plaintiff endured corporal punishment and suffered sexual abuse while in Niagara County custody (Docket No. 11, Am. Compl). Plaintiff was in Niagara County's custody while awaiting disposition of his federal charges, see United States v. Gambino, No. 09CR372A. In 2012, when the incidents in this case allegedly occurred, plaintiff was awaiting sentencing, see id., Docket No. 605, sentencing adjourned to April 5, 2012; see also id., text minute entry Nov. 20, 2013, sentencing held. Plaintiff is currently in custody in a federal facility in Maryland but was formerly in McKean Federal Correctional Institution in Pennsylvania. According to the Court's docket, plaintiff relocated to Maryland on or about March 24, 2015.
This Court granted plaintiff's in forma pauperis motion on his initial Complaint (Docket No. 2), dismissing the First Claim and granting him leave to amend some of the remaining claims (Docket No. 6). Plaintiff then filed his Amended Complaint (Docket No. 11, asserting claims that survived this in forma pauperis review) and defendants answered (Docket Nos. 14, 58).
Among the various motions filed in this action, plaintiff moved for a preliminary injunction and to compel production (Docket Nos. 31, 32, 34, 33) while defendants cross-moved to compel execution of authorizations (Docket No. 41). This Court entered a Report & Recommendation (Docket No. 68, Dec. 24, 2014) which, pertinent to the pending motions, granted defendants' motion, giving plaintiff 45 days in which to execute them (id. at 9-10, 10). Defendants sought authorizations from plaintiff to access his Federal Bureau of Prisons records at McKean Federal Correctional Institution ("McKean"), which they claim were relevant to the sincerity of his religious beliefs (id. at 9). Although initially opposing the authorizations, plaintiff during oral argument stated that he had no objection to executing authorizations for his medical, mental health, and commissary records at McKean (id.). This Court found the materials sought in the authorizations to be relevant to this case, by establishing the sincerity of plaintiff's conversion to Judaism (id.). Judge Arcara adopted this Report (Docket No. 102, Order of Apr. 22, 2015).
Plaintiff's Motion for a Protective Order, Docket No. 105
First, plaintiff seeks a protective Order against production of "any and all" United States Department of Justice files and records (Docket No. 105, Pl. Motion ¶ 1). Defense sought an authorization from plaintiff to access these Justice Department files, but plaintiff contends that the information sought is sensitive and private and the request is overly broad (id. ¶¶ 2-3). Plaintiff contends that his federal criminal file was sealed and has no relevance to this civil action (id. ¶ 4). Plaintiff returned authorizations editing "any and all" to limit it to medical[2] records (id. ¶ 6).
Defendants respond and support their cross-motion to compel (discussed in detail below) (Docket No. 110). They note that this Court already granted their previous motion to compel plaintiff to execute authorizations and the "Certification of Identity" they now seek plaintiff to execute (without alteration) would facilitate obtaining the records already authorized by this Court (id. ¶¶ 22-24, 28). Defendants argue that plaintiff's concerns about this Certification of Identity are unfounded, that the Certification is required for the Federal Bureau of Prisons to produce the materials sought, since the Bureau views defendants' requests as Freedom of Information Act requests (id. ¶ 25). This Certification would not expand the authorizations already allowed in this case for plaintiff's federal prison medical and inmate records (id. ¶ 26). Defendants contend that they would not seek information about plaintiff's sealed criminal case (id. ¶ 27).
Plaintiff replies that he believes these authorizations will invade his attorney-client privilege and the sealed criminal prosecution, raising concerns that released information may endanger his family (Docket No. 120, Pl. Response at 1-2). He remains concerned that the authorizations and Certification's use of the phrase "any and all" broadens the disclosure beyond previous limits to now include (for example) plaintiff's Department of Justice file and not merely the McKean prison records (id. at 2-3), seeking an Order to modify or monitor the release of information pursuant to these authorizations (id. at 3). Plaintiff does not object to Court supervision of this discovery to avoid production of sensitive materials (id. at 4).
Plaintiff's Motion for Leave to Amend Complaint, Docket No. 107
Plaintiff identified a defendant referred to only as "Kitchen Cook" as Theresa L. Lewis and plaintiff seeks to amend the Complaint to formally allege claims against Lewis (Docket No. 107, Pl. Motion). Plaintiff also included with this motion Rule 27 notices of witnesses he intends to depose (id.). but, as defendants note (Docket No. 109, Defs. Atty. Decl. ¶¶ 17-19), Federal Rule of Civil Procedure 27 applies only to pre-action discovery, Fed.R.Civ.P. 27(a), or pending an appeal, id., R. 27(b).
Defendants oppose granting leave because it is untimely under the deadlines of the current Scheduling Orders (Docket No. 109, Defs. Atty. Decl. ¶¶ 8-11). They also argue that plaintiff failed to comply with this Court's Local Civil Rule 15(a), W.D.N.Y. Loc. Civ. R. 15(a), by not submitting an unsigned copy of his proposed Amended Complaint (id. ¶¶ 13-16). Defendants also object to plaintiff's Rule 27 disclosure of witnesses intended to be deposed since Rule 27 applies to pre-action discovery (id. ¶¶ 17-19).
In reply, plaintiff complains that defendants have not produced to him, including the names of unidentified defendants, hence leading to plaintiff's present (if tardy) motion for leave to amend once one name was learned (Docket No. 122, Pl. Response at 1-2). Plaintiff argues that defendants have stonewalled throughout this case, such as identifying and locating defendant Corey Lewis (id. at 2-3), in effect excusing his late motion. Plaintiff also recently learned the name of another defendant, an Officer Elliot, and will soon seek to serve this defendant (id. at 3). Next, plaintiff is unsure what the "unsigned copy of the proposal" means under our Local Civil Rules (id. at 4). Finally, plaintiff complains that defense stonewalling in failing to provide all discovery has hindered his ability to advance this case (id. at 5).
Defendants' Cross-Motion to Compel and to Amend the Scheduling Order, Docket No. 111
Defendants seek an unaltered Certification of Identity from plaintiff to obtain plaintiff's prison records from the Federal Bureau of Prisons (Docket No. 110, Defs. Atty. Decl. ¶ 4). They sought authorizations from plaintiff to obtain his prison medical and criminal records, commissary orders, and visitor, mail and phone logs while plaintiff was housed at McKean (id. ¶ 8). As previously noted, this Court already authorized execution of plaintiff's authorizations to obtain his federal prison records (Docket No. 68, Report & Rec. of Dec. 24, 2014, at 10-11; Docket No. 102, Order of Apr. 22, 2015 (adopting Report); Docket No. 110, Defs. Atty. Decl. ¶ 10). Defendants then submitted additional copies of the authorizations (Docket No. 110, Defs. Atty. Decl. ¶ 11, Exs. A, I), but plaintiff did not execute them for non-medical records (id., ¶ 12, Ex. B). Meanwhile, defendants submitted what authorizations they had to the Federal Bureau of Prisons which treated them as Freedom of Information Act requests and required either notarized signatures of plaintiff and express designation of third party access or plaintiff to execute a Certification of Identity (id. ¶¶ 13-17, Exs. C, D, E, F. G). Plaintiff was given the Certification of Identity but he altered it as he signed it (id. ¶ 18, Ex. H). Defendants then moved for an Order compelling plaintiff to execute an unaltered Certification of Identity (id. ¶ 23).
Under the current Scheduling Order (Docket No. 85), the discovery deadline was June 5, 2015, but the deadlines were held in abeyance pending resolution of these motions (Docket No. 112). Defendants contend that, first, they had not completed plaintiff's October 2014 deposition and, second, that due to the problems with plaintiff's authorizations and the anticipated time to obtain documents from the Federal Bureau of Prisons upon properly executed forms, the parties will need 90 days more to complete discovery (Docket No. 110, Defs. Atty. Decl. ¶¶ 31-34).
Plaintiff's Motions to Compel, Docket Nos. 113, 121
Finally, plaintiff filed two motions seeking to compel discovery and disclosure from defendants (Docket Nos. 113, 121). In the first motion (dated May 11, 2015, and received May 18, 2015), plaintiff generally complains that he has a limited amount of discovery from defendants while he has produced fully to defendants (Docket No. 113, Pl. Notice of Motion ¶¶ 1-3). Defendants had produced only an incomplete list of names of employees and had not identified the unnamed mental health employees (id. ¶ 4). In this motion, plaintiff seeks an extension of time to allow defendants to produce (id. ¶ 5).
Defendants respond that the list of Niagara County jail employees was created in good faith to identify those employed there during the relevant time period, January 1 to June 28, 2012 (Docket No. 118, Defs. Atty. Decl. ¶ 6; see Docket No. 91). They counter that plaintiff's earlier subpoenas (now deemed discovery demands) did not request the identities of "mental health employees" plaintiff now appears to seek in this motion (Docket No. 118, Defs. Atty. Decl. ¶ 7), but the employee list disclosed Cindy Quigley as a "Psych RN, " although Ms. Quigley was employed by a contractor of Niagara County (id.; Docket No. 91). Defendants then identified two other mental health employees, Dr. Samueal Adegbite and Jeanne Salada-Conroy, PNP (Docket No. 118, Defs. Atty. Decl. ¶ 7). Defendants counter that their Interrogatory Answers were complete (id.¶ 8) and fault plaintiff for failing to meet and confer to discuss plaintiff's concerns (id. ¶¶ 9, 10) and did not give defendants notice of the deficiencies (id. ¶ 11). Finally, defendants object to plaintiff's motion that it seeks information that is not relevant or reasonably calculated to lead to discovery of relevant evidence, see Fed.R.Civ.P. 26(b)(1) (id. ¶ 12).
In plaintiff's second motion to compel (Docket No. 121, received June 1, 2015), plaintiff again complains that he has not received any requested documents and defendants had not objected to the requests, focusing on defendants' failure to identify unknown defendants. Again, plaintiff does not include with his motion the document requests served on defendants, but cf. W.D.N.Y. Loc. Civ. R. 5.2(f) (contrary to the rule for represented litigants, cases with pro se parties must file their discovery materials with the Court). He did file some Interrogatories (Docket Nos. 71, 72), certain authorizations (Docket No. 86, manually filed), and subpoenas (Docket No. 64) and a motion for summary judgment (Docket No. 75), these later deemed by this Court to be discovery requests (Docket No. 88, Order or Mar. 2, 2015; Docket No. 89, Report & Rec. of Mar. 5, 2015), but is not clear which discovery requests defendants have not complied with. Defendants have filed discovery responses in this case (Docket Nos. 23, 70 (Rule 26(a) disclosures), 77, 78 (answers to Interrogatories), 91 (responses to plaintiff's discovery demands); see also e.g., Docket No. 30, defendants' request for production of documents from plaintiff).
This motion relates to his last motion (Docket No. 126) for sanctions because defendants failed to identify and disclose the location of certain individual defendants. Plaintiff also notes that defendants violated this Court's earlier Valentin[3] Order (Docket No. 131; see also Docket No. 40, Order of Oct. 23, 2014).
Defendants respond to plaintiff's second motion to compel that the defendants had inadvertently overlooked plaintiff's discovery demands and vowed to respond promptly (Docket No. 130, Defs. Atty. Decl. ¶¶ 4-5, 9). They argue that plaintiff made no attempt to meet and confer or request responses to his discovery demands short of filing this motion, thus his motion should be denied (id. ¶¶ 6, 8). Defense counsel contends that, had plaintiff done so, defendants would have recognized the omission and complied (id. ¶ 7).
I. Applicable Standards
A. Protective Order
Under Rule 26(c), prior to obtaining a protective Order the movants must certify that they have in good faith conferred or attempted to confer with the other affected parties in an effort to resolve the dispute without court intervention, Fed.R.Civ.P. 26(c). Under Rule 26(c), the Court has power to protect against abuses in discovery. Seattle Times Co. v. Rhinehart, 467 U.S. 20, 34 (1984). The appropriateness of a protective Order is a balance of the litigation needs of the requesting party and the protectable interests of the party from whom discovery is sought. Mitchell v. Fishbein, 227 F.R.D. 239, 245 (S.D.N.Y. 2005). This Court has broad discretion in issuing such a protective Order. Seattle Times, supra, 467 U.S. at 36.
B. Motion to Compel
Discovery under the Federal Rules is intended to reveal relevant documents and testimony, but this process is supposed to occur with a minimum of judicial intervention. See 8A Charles A. Wright, Arthur R. Miller & Richard L. Marcus, Federal Practice and Procedure § 2288, at 655-65 (Civil 2d ed. 1994). "Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense-including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter." Fed.R.Civ.P. 26(b)(1) (effective Dec. 1, 2007). Initial disclosure includes producing "a copy of, or a description by category and location of, all documents... that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims...." Fed.R.Civ.P. 26(a)(1)(B).
Federal Rule 26(b)(2)(i) allows this Court to limit the scope and means for discovery if "the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive." Under Rule 26(c), this Court may issue a protective order to protect a party "from annoyance, embarrassment, oppression, or undue burden or expense" by not having a proposed disclosure or discovery device, or conditioning the time and manner of that discovery. Fed.R.Civ.P. 26(c)(1), (1)(B)-(C); see id. R. 26(c)(1)(D) (limit the scope or the matters inquired into).
Federal Rule of Civil Procedure 37(a) allows a party to apply to the Court for an Order compelling discovery, with that motion including a certification that the movant in good faith conferred or attempted to confer with the party not making the disclosure to secure that disclosure without court intervention. Fed.R.Civ.P. 37(a)(2)(A). Similarly, under Rule 26(c), prior to obtaining a protective Order the movants must certify that they have in good faith conferred or attempted to confer with the other affected parties in an effort to resolve the dispute without court intervention, Fed.R.Civ.P. 26(c). Under Rule 26(c), the Court has power to protect against abuses in discovery. Seattle Times Co. v. Rhinehart, 467 U.S. 20, 34 (1984). The appropriateness of a protective Order is a balance of the litigation needs of the requesting party and the protectable interests of the party from whom discovery is sought. Mitchell v. Fishbein, 227 F.R.D. 239, 245 (S.D.N.Y. 2005). This Court has broad discretion in issuing such a protective Order. Seattle Times, supra, 467 U.S. at 36.
C. Leave to Amend the Complaint
Under Federal Rule of Civil Procedure 15(a) amendment of pleadings after the time to do so as of right requires either consent of all parties (apparently not present here) or by leave of this Court. Under Rule 15(a) motions for leave to amend the complaint are to be freely given when justice requires. Granting such leave is within the sound discretion of the Court. Foman v. Davis, 371 U.S. 178, 182 (1962); Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330 (1971). "In the absence of any apparent or declared reason-such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.-the leave sought should, as the rules require, be freely given.'" Foman, supra, 371 U.S. at 182 (quoting Fed.R.Civ.P. 15(a)). Under this Court's Local Civil Rules, the movant seeking leave to amend is to submit "an unsigned copy of the proposed amended pleading as an exhibit to the motion" with the proposal being "a complete pleading superseding the original pleading in all respects" and with no portion of the original incorporated by reference into the amendment, W.D.N.Y. Loc. Civ. R. 15(a). As a pro se party, plaintiff need not present a "red-line" version of the amendment (that is, a draft comparison document of the original with the changes indicated in "red-line"), id., R. 15(b). There is no sanction, however, for the absence of an exhibit of the proposed amendment to the motion, cf. W.D.N.Y. Loc. Civ. R. 5.2(i) (pro se litigants are to become familiar with and abide by Local and Federal Rules, with failure to comply with the rules "may result in the dismissal of the case, with prejudice").
Where a plaintiff is proceeding pro se, leave to amend should be freely granted. Frazier v. Coughlin, 850 F.2d 129, 130 (2d Cir. 1988) (pro se should be freely afforded opportunity to amend).
II. Application
A. Plaintiff's Motion for a Protective Order, Docket No. 105, and Defendants' Cross-Motion to Compel, Docket No. 111
This Court addresses together the motions regarding plaintiff's execution of Certification of Identity to allow implementation of the authorizations previously ordered (Docket Nos. 102, 68). This process continues the discovery sought by defendants (Docket No. 41) through the authorizations that this Court previously approved and found was relevant to this action (Docket No. 68, Report & Rec. of Dec. 24, 2014, at 9-10; Docket No. 102, Order of Apr. 22, 2015). The Certification here simply allows the Federal Bureau of Prisons to process the Freedom of Information Act request by defendants to obtain plaintiff's Federal Bureau of Prisons records without more onerous submission of plaintiff's notarized signature on already submitted authorizations and notation that defendants as third parties can receive the materials sought.
To be clear, and as conceded by defendants (Docket No. 110, Defs. Atty. Decl. ¶¶ 25-27), the authorizations issued in this case do not involve production of material from plaintiff's criminal case. Defendants here seek his prison records while at McKean. The Federal Bureau of Prisons, an agency of the Department of Justice, construed defendants' authorizations as a Freedom of Information requests with the procedural panoply associated with such requests, including confirmation that the inmate at issue is the correct and authorizing party for the disclosure. Plaintiff objects to the format of the Certificate of Identity. The Certification of Identity is a Bureau of Prisons form (Docket No. 105, Ex. H) and not drafted by defendants. That form contains the objectionable "any and all information" language. In the context of this action, the documents authorized to be released are only those relevant to this action. Furthermore, it is unlikely the Federal Bureau of Prisons has plaintiff's criminal file to raise his present concern.
Thus, plaintiff's motion for a protective Order against executing the Certification of Identity (Docket No. 105) is denied and defendants' cross-motion to compel its execution (Docket No. 111) is granted. Plaintiff is to execute the Certification of Identity (without alteration) within approximately thirty (30) days of entry of this Order, or by August 3, 2015.
B. Leave to Amend the Complaint, Docket No. 107
Plaintiff seeks to amend the Complaint to name a John/Jane Doe defendant over defendants' objection, but failed to file a draft of the proposed amended pleading. It appears that plaintiff has identified the "Kitchen Cook" and merely needs to substitute her name (Theresa Lewis) for Kitchen Cook wherever referenced in the original Complaint. Our local rule merely requires a moving party to submit the draft of the amended pleading, to show the Court and parties what the movant now intends to allege and against which parties, W.D.N.Y. Loc. Civ. R. 15(a), and to avoid piecemeal amendments where separate documents (the original pleading, and amendments) might contain all the allegations.
This Court will excuse the pro se plaintiff from failing to file with his motion his proposed Amended Complaint, but cf. W.D.N.Y. Loc. Civ. R. 5.2(i) (discussed below), rather than denying the motion and having plaintiff file a new motion with the required papers attached. As a result, leave for plaintiff to serve and file an Amended Complaint (Docket No. 107) is granted in part. Since this Court does not have plaintiff's proposed amendment, plaintiff may amend provided he merely renames the "Kitchen Cook" to be Ms. Lewis at the relevant portions of the Complaint. Plaintiff may not amend the Complaint further (such as to identify other unnamed defendants or augment or amend claims) without leave of this Court by a further motion. Upon such a motion for leave, plaintiff shall include a draft of the amended Complaint that would replace the current pleading before this Court so that all will know what plaintiff proposes to allege, W.D.N.Y. Loc. Civ. R. 15(a). Plaintiff is to serve and file his Amended Complaint by July 16, 2015, or within fourteen (14) days of entry of this Order.
C. Plaintiff's Motions to Compel, Docket Nos. 113, 121
Next, this Court considers jointly plaintiff's two motions to compel (Docket Nos. 113, 121). Both motions argue generally that defendants have failed to produce, but without presenting the discovery requests at issue. Apparently, plaintiff is focused on disclosure of the unnamed defendants or employees at the Niagara County Jail, including "mental health employees" at that facility (cf. Docket Nos. 126, 131). There has been extensive motion practice on the identification of the John/Jane Doe defendants (Docket Nos. 44, 66, 75, 126, 131; see Docket No. 88, Order of Mar. 2, 2015), including the present motion discussed above granting plaintiff leave to amend the Complaint (Docket No. 107).
A greater threshold hurdle, however, is the good faith certification requirement of Rule 37 before a motion to compel can be granted. Rule 37 requires a party moving to compel to state his attempts to confer in good faith with the non-responsive opponent prior to making the motion, Fed.R.Civ.P. 37(a)(1); see also Brown v. UConn Med. Group, No. 3:12CV1305, 2014 U.S. Dist. LEXIS 84121, at *7-8 (D. Conn. June 20, 2014) (denying pro se plaintiff's motion to compel where plaintiff failed to certify good faith attempts to resolve discovery dispute with defendants). This may be logistically difficult if the discovering party (as here) is incarcerated and proceeding pro se, but the requirement is not waived because of that status, see Fox v. Poole, No. 06CV148, 2007 U.S. Dist. LEXIS 64779 (W.D.N.Y. Aug. 31, 2007) (Scott, Mag. J.) (denying incarcerated pro se plaintiff's motion for sanctions for failing to respond to discovery demands); Nowlin v. Lusk, No. 11CV712, 2014 U.S. Dist. LEXIS 10341, at *16 (W.D.N.Y. Jan. 28, 2014) (Scott, Mag. J.) (citing cases, denying incarcerated pro se plaintiff's motion to compel for not making good faith attempts to resolve dispute short of motion practice). This rule only requires the movant to certify that he tried to resolve the matter prior to making the motion, with indications of the attempts made. An exchange of letters, for example, wherein plaintiff and defense counsel discuss plaintiff's concerns (or plaintiff's attempts to raise them) and certification of that exchange would have satisfied the Rule 37 requirement.
Here, plaintiff did not certify even that he attempted to resolve these issues before moving. According to defendants, plaintiff did not tell defense counsel that they did not respond to plaintiff's outstanding discovery demands (Docket No. 130, Defs. Atty. Decl. ¶ 6). Plaintiff, proceeding pro se and remotely from this District, may be excused for not following all of the requirements of motion practice in this Court, but under the rules of this Court plaintiff is to "become familiar with, follow, and comply with" the rules, W.D.N.Y. Loc. Civ. R. 5.2(i). Again, had plaintiff written to defense counsel and asked about the discovery demands, his motion to compel would be favorably received and (according to defendants, id. ¶ 7) defendants would have been reminded and produced.
For the reason of plaintiff's failure to certify his attempts to resolve this dispute short of motion practice, and the vagueness of his requests, his motions to compel (Docket Nos. 113, 121) are denied. This denial, however, is not on the merits of what defendants produced (or yet to produce, cf. Docket No. 130, Defs. Atty. Decl. ¶¶ 7, 9) and this motion may be renewed if plaintiff first attempts to confer with defense counsel and fails to work out a satisfactory resolution. As for plaintiff's second motion and defendants' assurance that they would now comply, further Court intervention should not be necessary.
III. Amended Scheduling Order
Within defendants' cross-motion, they seek to extend the Scheduling Order by 90 days, due to the anticipated time necessary to have the authorizations submitted to the Bureau of Prisons and the records released (Docket No. 110, Defs. Atty. Decl. ¶¶ 33-34). Plaintiff also seeks extension of this schedule (see Docket No. 113, Pl. Motion ¶ 5) to allow time for defense compliance with discovery. This Court agrees that the Scheduling Order needs to be revisited (cf. Docket Nos. 112, 116, 106).
Given the resolutions of the pending motions (discussed above), defendants' cross-motion (Docket No. 110, Defs. Atty. Decl. ¶ 5) to extend discovery and other Scheduling Order deadlines by 90 days (id. ¶ 34), and plaintiff's motion generally requesting an extension of the Scheduling Order (Docket No. 113, Pl. Motion ¶ 5), the Second Amended Scheduling Order (Docket No. 85) that was held in abeyance pending resolution of these motions (Docket Nos. 112, 116) needs to be re-established and new deadlines set.
As a result (and as ordered above), plaintiff is to file and serve his Amended Complaint by July 16, 2015, or fourteen (14) days from entry of this Order; plaintiff is to execute the Certification of Identity by August 2, 2015, or within thirty (30) days of entry of this Order; discovery is now to be completed by September 30, 2015, or ninety (90) days from entry of this Order; dispositive motions by December 29, 2015, or ninety (90) days from the new discovery deadline. If no dispositive motions are filed by December 7, 2015, the parties are to contact the Chambers of Judge Arcara by January 8, 2016, or 10 days after the motion deadline, to schedule a pretrial conference and set a trial date.
With this schedule, plaintiff has time to serve his Amended Complaint, conduct discovery (for example, the witnesses he intends to depose) and defendants should have received the Freedom of Information Act request materials from the Federal Bureau of Prisons regarding plaintiff's McKean records and obtained those records and completed whatever discovery results from those items. This Court, however, does not comment at this time as to the means or methods plaintiff may use to complete his discovery. As both parties note (e.g., Docket No. 122, Pl. Response at page 3 of 8 ¶ 6; Docket No. 109, Defs. Atty. Decl. ¶ 12; Docket No. 110, Defs. Atty. Decl. ¶ 30), there has been delays in prosecuting this case. It is hoped that no further motion practice will occur to delay this action further.
For the reasons stated above, plaintiff's motion (Docket No. 105) for a protective Order is denied; defendants' cross-motion to compel execution of the Certification of Identity (Docket No. 111) is granted, plaintiff is to execute the Certification of Identity (without alteration) within thirty (30) days of entry of this Order; plaintiff's motion (Docket No. 107) for leave to amend the Complaint is granted in part, as specified above; plaintiff's motions (Docket Nos. 113, 121) to compel are denied without prejudice. Plaintiff is to serve and file his Amended Complaint (as described above) within fourteen (14) days of entry of this Order.
An amended Scheduling Order (cf. Docket No. 85) (as stated above) is so ordered.
This Court will address in a separate Report & Recommendation the last remaining motion, plaintiff's motion for sanctions (Docket No. 126; see Docket No. 128).
So Ordered.
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Mysteries: Failed Assassination of JFK Pictures
Don examines a pin that's connected to a plot to assassinate JFK, a bizarre contraption that was designed by Max factor and a strange being that some believed was evidence of a close encounter.
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Psychic Horse Pictures 12 Photos


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November 8, 2007
CARLOS MOURA AND SIMAO PEREIRA, PLAINTIFFS-APPELLANTS,v.VINCENT LUONGO, DEFENDANT-RESPONDENT.
On appeal from Superior Court of New Jersey, Chancery Division, Essex County, Docket No. C-0027-05.
Submitted September 18, 2007
Before Judges Fuentes and Chambers.
Plaintiffs, Carlos Moura and Simao Pereira, appeal from the judgment of the Chancery Division, General Equity Part, dismissing their cause of action for enforcement of an alleged unilateral option to purchase real property contained in a commercial lease agreement. The court reached its decision after considering the evidence presented by the parties in a bench trial.
It is undisputed that the lease contained a paragraph which provided plaintiffs with a right of first refusal to purchase defendant's property for $110,000. Plaintiffs argued before the trial court that a clause in this paragraph also gave them a unilateral option to purchase the property after the expiration of the lease. Defendant argued that this interpretation is erroneous and the lease was only intended to provide a right of first refusal.
In deciding in defendant's favor, the trial judge acknowledged the ambiguity in the paragraph at issue. Applying well-settled principles of contract interpretation, the judge resolved the ambiguity against the drafter, in this case plaintiffs, and found that the parties intended to create only a right of first refusal. After reviewing the record, and in light of prevailing legal standards, we agree with the trial court and affirm.
These are the salient facts. Plaintiffs own the Spanish Manor Restaurant and several surrounding properties which border on Defendant's property at 23 Rose Avenue in Newark. On June 30, 1997, counsel for defendant wrote a letter to plaintiff's counsel enumerating several proposed modifications to a commercial lease agreement involving defendant's property at 23 Rose Avenue in Newark. Specifically, defendant made the following proposal as to paragraph 30:
The Landlord and Tenant agree that in addition to the terms and conditions herein contained that Tenant shall also have the right of first refusal to purchase the property in which the rental space occupies a portion and commonly known as 23 Rose Avenue, City OF Newark, County of Essex, New Jersey, for the purchase price OF ONE HUNDRED TEN THOUSAND DOLLARS ($110,000.00).
Tenant shall have 14 days in which to exercise his right hereunder from the date that notice is served upon Tenant. If the Tenant exercises his rights under this paragraph all Rents paid in consideration of this Lease shall be applied to the purchase price and same shall be reduced by that amount. Property shall be sold in AS IS condition. If Tenant elects to exercise his rights under this paragraph he must so notify the Landlord within the FOURTEEN (14) days referred to herein. (Emphasis added).
On August 7, 1997, plaintiff's counsel responded, indicating, in pertinent part, that the amendment to paragraph 30 was acceptable, although a thirty day response and notification period would be preferable. The final version of paragraph 30 read as follows:
Right of Tenant to Purchase. The Landlord and Tenant agree that in addition to the terms and conditions herein contained that Tenant shall also have the right of first refusal to purchase the property, in which the rental space occupies a portion, commonly known as 23 Rose Avenue, Newark, NJ for the purchase price of $110,000.00. If Tenant exercises his rights under this paragraph all Rent paid in consideration of this Lease shall be applied to the purchase price and same shall be reduced by that amount. If Tenant elects to exercise his rights under this paragraph he must so notify the Landlord within thirty days from the date written confirmation of a bona fide offer is received from the Landlord. In the alternative, if no offers are made Tenant must so notify the Landlord of his intention to exercise this option within thirty days prior to the expiration of this lease. (Emphasis added).
The parties finally reached an agreement on the remaining issues and entered into a commercial lease for three years, commencing on May 1, 1997, and ending on April 30, 2000, for a $250 monthly rent.
At trial, defendant testified that based on discussions he had with his attorney prior to signing the lease, he understood that the lease only gave plaintiffs a right of first refusal, not a unilateral option to purchase the property. The $110,000 purchase price was just a number defendant came up with in the event that he wanted to sell the property. According to defendant, plaintiffs never expressed a desire to purchase the property prior to the execution of the lease.
Moura testified that the lease was intended to include a unilateral option to purchase when the lease expired. According to Moura, defendant wanted the original lease to be for three years and then he wanted to sell the property because he planned to retire and move to the shore. It is undisputed that plaintiffs' counsel prepared the final draft of the lease, including paragraph 30.
On February 25, 2000, plaintiffs' attorney wrote a letter notifying defendant of plaintiffs' intention to exercise their option under paragraph 30 of the lease to purchase the property for $110,000, less credit for rent paid. From this communication, the record shows that plaintiffs' attorney wrote to defendant on May 19, 2000, attempting to confirm that the parties had reached the following agreement: (1) the lease would be extended for one year at the same monthly rent; (2) the monthly rental on the lease extension would not be applied toward the purchase price; and (3) at the end of the extension, defendant would sell the property to plaintiffs for $110,000, minus $9,000 in rent paid during the original lease period.
Defendant denied accepting this proposal, and a formal lease reflecting these changes was never executed. Despite this, plaintiffs continued to pay $250 per month to lease the property up until the date of trial. Thus, it appears that the parties continued their landlord/tenant relationship in a de facto month-to-month capacity.
In 2004, defendant discussed selling the property to plaintiffs; no formal agreement was reached. It is undisputed that defendant did not solicit offers for the property until 2004. At some point in 2004, defendant entered into a contract to sell the property to someone other than plaintiffs for $220,000. Moura claimed that he only discovered the existence of this contract at trial on July 18, 2006.
Sitting as the trier of fact, Judge Klein found defendant's interpretation of paragraph 30, limiting plaintiffs' right to purchase contingent upon defendant's decision to sell, to be more reasonable under the circumstances. Judge Klein held that the words "if no offers are made" in the fourth sentence of paragraph 30, "implie[d] a process of marketing the property and solicitation of offers by the owner." Absent affirmative steps to market the property, this language did not obligate defendant to sell the property to plaintiffs.
Although the language in paragraph 30 could have an alternative meaning, Judge Klein found insufficient evidence to support plaintiffs' interpretation. Moreover, plaintiffs' attempt to exercise the option on February 25, 2000, was outside the thirty days from the expiration of the lease on April 30, 2000. Finally, Judge Klein found that plaintiffs' attempt to negotiate a one-year extension of the lease with a clearly-defined unilateral option to purchase belied their position that they had an enforceable right to purchase at the end of the original lease.
It is well-settled that "we do not disturb the factual findings and legal conclusions of the trial judge unless we are convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interest of justice." Daidone v. Buterick Bulkheading, 191 N.J. 557, 561 n.1 (2007) (quoting Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974)).
Against this standard of review, we discern no basis to interfere with the trial court's factual findings and ultimate legal conclusions. We thus affirm substantially for the reasons expressed by Judge Klein.
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March 15, 2007
FLORENCE M. GALLIGAN, PETITIONER,v.DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES (WORKERS' COMPENSATION), RESPONDENT,JOHN F. KENNEDY CENTERFORPERFORMING ARTS, ET AL., INTERVENORS.
On Petition for Review of a Decision of the Compensation Review Board. (CRB28-04).
Argued December 18, 2006
Before FARRELL, REID and KRAMER, Associate Judges.
On October 20, 2005, the Compensation Review Board ("CRB") of the District of Columbia Department of Employment Services ("DOES") issued a decision and order dismissing petitioner Florence M. Galligan's application for review of the compensation order issued by an Administrative Law Judge ("ALJ") regarding her claim for temporary total disability under the District of Columbia Worker's Compensation Act of 1979, D.C. Code §§ 32-1501 et seq. (2001). She contends that the CRB erred in dismissing her application for review under D.C. Code § 32-1522 (a). We vacate the order dismissing Ms. Galligan's application for review and remand this case to the CRB for further consideration of the timeliness issue, consistent with this opinion.
The record before us reveals that Ms. Galligan was injured in a fall while working as an usher at the John F. Kennedy Center For Performing Arts ("the Kennedy Center") in July of 2001. She filed a workers' compensation claim, and on January 29, 2004, the ALJ, the Honorable Karen Calmeise, issued a compensation order awarding her temporary total disability benefits for a specified period of time. Attached to the compensation order was a statement of "appeal rights" which specified, in part: "The Application for Review must be filed within 30 days of the date of the filing of this Order with the Mayor as provided in § 23(a) of the Act, D.C. Code, as amended, § 32-1522(a)." The order was sent to Ms. Galligan, who handled her claim pro se,by certified mail on January 29th. Ms. Galligan maintained that she was out of town until about February 13, 2004, and upon her return she was unable to enter her apartment for a week due to a gas leak. Hence, she did not become aware of the compensation order until around February 18, 2004.
Ms. Galligan asserted that she contacted the Office of the Director of DOES as well as Judge Calmeise on February 25, 2004, asking both how to properly prepare and file her claim. In a letter to the Director of DOES, dated March 3, 2004, Ms. Galligan wrote that she called Judge Calmeise and that the ALJ left her a message informing her that she should contact the Director of DOES. She stated that she "need[ed] more time to thoroughly study and read [the ALJ's] decision and that is the purpose of this motion and this letter." She added that she "asked to be considered for permanent total disability." On March 5, 2004, DOES recorded that Ms. Galligan had filed an application for review; notice of this was sent to counsel for the Kennedy Center on March 23, 2004. On April 2, 2004, counsel for the Kennedy Center responded by letter. He noted that the March 5, 2004, document was "best characterized as a motion to extend time[,]" and that "claimant has again offered a . . . story for not having received the compensation order on a timely basis. She has provided no documentation in support of her claim . . .; [therefore,] her petition should be denied as untimely[.]"
On April 5, 2004, Ms. Galligan filed a "Memorandum on Appeal" in which she delineated her objections to the ALJ's compensation order. The intervenors filed their response to the application for review, and the matter was briefed through June of 2004.*fn1
On October 20, 2005, the CRB issued its decision and order. The CRB essentially found that 7 DCMR § 230.2 required the party seeking review of an ALJ decision to file an application "within thirty (30) days from the date shown on the Certificate of Service of the Compensation Order." The CRB concluded that because the compensation order was filed and mailed on January 29, 2004, Ms. Galligan should have lodged her application by February 28, 2004, but "did not file any correspondence with the Director's office until March 5, 2004 which consists of a letter asking for additional time in order to file an application to appeal certain aspects of the ALJ's compensation order." The CRB concluded that "Petitioner's correspondence requesting addition[al] time to file an appeal is 5 days late," and therefore untimely under the Act.
Ms. Galligan, relying partly on her status as a pro se litigant, contends that she relied to her detriment on misleading statements made to her by DOES officials about when her notice of appeal from the ALJ's decision had to be filed. She cites Nelson v. District of Columbia Dep't of Employment Servs., 530 A.2d 1193 (D.C. 1987) for the principle that where "a pro se applicant for entitlement benefits has potentially been misled as to her appellate rights and [thus] may have received an inadequate opportunity to present her arguments to the agency," she may be entitled to a remand "for an appropriate hearing and factual findings on . . . whether," among other things, "she was in fact misled in her second-level appeal . . . to her detriment." Id. at 1196.
Here, Ms. Galligan asserts that, to assist her in preparing a timely appeal on her own from the ALJ's order, she "called the Office of the Director of [DOES] on or about February 25, 2004[,] before the expiration of thirty days after issuance of the [o]rder[,] and spoke to" a senior attorney on the Director's staff, who advised her "that she should file a motion to extend the time to file an appeal." She was not told that the motion had to be filed before the thirty days expired, and indeed, when she filed the motion to extend on March 5, 2004, it "was accepted for filing by [the senior attorney] of the Director's office, who subsequently recommended that [she] prepare her full appeal as expeditiously as possible."
Thus, whether or not the Director had actual authority to extend her time in which to appeal, Ms. Galligan maintains that his staff reasonably caused her to believe he could do so upon a motion filed expeditiously even outside the normal appeal period, and that she acted upon that reasonable belief. What representations, if any, were actually made to Ms. Galligan along those lines is not a matter of record before us, but we think that, as in Nelson, especially given her pro se status at the time, she is entitled to a remand for consideration of whether in fact she relied on mistaken assurances by the Director's office about how to file a timely appeal.*fn2 Accordingly, we remand this case for that purpose while observing that DOES could eliminate disputes of this sort by complete clarity in the written notice of rights as to when an appeal must be filed.*fn3
So ordered.
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Wedding of Andy and Cathy
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Desertenergysolutions needed a new logo design and created a contest on 99designs.
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Organization name in a stylised type/font becomes the logo.
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text: I am visiting La Celula over many years and have to say now that the quality of food and service is always on a top-level! I really love to visit with my clients and my clients love to be there for lunch. Congratulations for the long time on-going great moments.


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Or friends' parents, who in fairness weren't expecting you to come. While watching.
Your priority is helping your friends against the new invaders. A great way to do that is by buying my eBooklet, "Self-defense Against Babies," DRM-free defensive goodness for 99 cents. It makes an excellent gift, and is as subtle as a velvet sledgehammer when plugged into the intro of a pregnancy article. "Velvet sledgehammer" may also be a sex position.
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"I think she's a stock photographer."
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6Talk to Them Like Human Beings
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Essay:
Kuwait Culinary School
The objective of this business plan for The Kuwait Culinary is twofold. First, it is to be a school that is profitable, steady and long-term business enterprise. Second, it would be for the organization to educate the general community to the simple desires of being able to do things such as cooking at home. Both objectives will be accomplished by utilizing the eagerness, resources and knowledge of the staff and the owner. Kuwait Culinary School represents classic culinary methods with modern novelties and the latest in global cuisine. Kuwait Culinary School in Kuwait will provide a supportive and creative community where fervent persons can submerge themselves in the culinary world. Here, at Kuwait Culinary School culinary students are able to work alongside caring, knowledgeable chef instructors and are trained the abilities essential to help follow a professional vocation in the culinary/hospitality business.
The Kuwait Culinary School program is seeking School status and will get on a considerable fundraising campaign in the future. After the creation of Kuwait Culinary School our efforts will start putting the emphasis on producing a facility that will involve a hotel and conference center. This conference center will be partners in helping to provide a functioning business living and learning laboratory. Kuwait Culinary School's long-term strategy starts by concentrating its exertions on the development and promotion of one-session, recreational cooking classes to take advantage of on the cultural trend of cooking enthusiasm.
Vision statement
We at Kuwait Culinary School envision an establishment of higher learning, specialized in scope, community-centered, dedicated to make culinary professionals with moveable skills sought-after in the ever changing hospitality business. The Kuwait Culinary School is designed to meet the career objectives of a diverse population comprehensive of youth, adult and professional beginners.
Mission statement
Kuwait Culinary School aspires to be recognized as giving the best conceivable Diploma and Associate of Applied Science Degree programs in cooking through: Rigorous hands-on training Low student / teacher ratio, and challenging students to learn a supreme in a smallest quantity of time. Also, the Kuwait Culinary School plans to provide international training from experienced chef-instructors. Serving each student in order for them to reach his/her complete expert prospective Preparing students in leadership and management positions applying its philosophy of quality, tradition and respect.
Visionary Leadership Statement
The leader for this program is to make sure to grow in the student the features of a professional cook. Every one of the students here in the program will learn how to conduct oneself in a confident, professional, and ethical style. The student will then show skill in the basic body of knowledge linked to culinary arts and its information.
Potential Stakeholders
Local public health departments, Superintendent of schools/school boards, school food service departments, Dieticians and nutritionists, Pediatric weight-loss programs, Coalitions with interest in childhood obesity, nutrition, or fitness, Academic institutions, Hospitals, Fitness facilities, and restaurant association, Identification of the industry and market.
Future goals
The goal of Kuwait Culinary School is to grow in the student the features of a professional chef. The student will learn how to lead oneself in a self-assured, professional and ethical way.
The student will develop:
Interpersonal skills so as to develop a working association with administration, co-workers, and guests
Gain practical and theoretical knowledge of cooking
Manual dexterity, speed, timing, and endurances through laboratory application
Establish skill in the simple body of knowledge for nutrition, hygiene, food manufacture, cost control, and managerial development
A networking arrangement with industry professionals and local chefs.
Abilities that permit the student to think disapprovingly and communicate thoughts in a concise and clear manner
A career portfolio to reach an entrance to mid-level specialized point in a food service process
A historical viewpoint of the food service industry to comprehend the basis of a chef supervisor position
A high degree of correctness in executing culinary mathematics difficulties.
Analysis of the External Environment
Main competitors in Kuwait & surrounding Nations
The Art Institute
Hospitality Management Program
Locations in Egypt,, Israel, Turkey, San Diego, San Francisco, Sunnyvale (CA), Seattle (WA), Phoenix, Tuscan (AZ)
Online courses and Extensive locations
Le Cordon Bleu- College of Culinary Arts
Cornell University School of Hotel Administration
Pros and Cons
Pros of online programs: Convenience and Complimentors
Cons of online programs: Expensive, Lack hands-on experience, less credited (in a lot of cases)
Competitor Analysis Components:
Kuwait Culinary School functions in three distinct lines of business and as a result has three corresponding parts of competition. The first part is considered to be the recreational cooking classes. The second part of rivalry is from caterers. The third part is from high-end foodstuffs and kitchen equipment retailers.
Recreational Cooking Classes
Kuwait Culinary School faces competition primarily from places like the Le Cordon Bleu- College of culinary arts. Le Cordon Bleu- college of culinary arts offers both recreational classes and an accredited professional program.
There are three area caterers that have been identified as operating in the same high-end category as Kuwait Culinary School. They are the University of Phoenix culinary Arts Program and Atlanta Culinary Arts School. Research into these potential competitors has resulted in encouraging conclusions. University of Phoenix culinary Arts Program and Atlanta Culinary Arts School no longer appear to be in business, and Seasoned to Taste is an indirect competitor not vying for the same catering space.
Atlanta Culinary Arts School is a successful caterer that emphases on large events, for instance weddings, only catering around eighteen to twenty events a year. Willfully, Kuwait Culinary School purposes to cater to much wider clients for small- to mid-sized measures.
High End Retailers
There at present are no storefront retailers of high-end foodstuffs and appliances in the country of Kuwait. In conclusion, Kuwait Culinary School stands to capitalize on a totally underserved market in Kuwait by proposing a mix of services and products that are able to meet the needs of the nearby community.
Value Chain Analysis
Inbound Logistics:
Buying of all raw materials such as mozzarella cheese, pepperoni, sauce, base, potato, vegetables, wheat, baby corn, spices, and chicken for all of the classrooms during the cooking lessons.
Manufacturing Operations:
Also there is the preparing of pizza base. Customizing Pizzas at outlets
Outgoing shipping and Logistics:
Transporting materials needed for class to all other food outlets for education, Delivery of materials to those mainly in home delivery
Customer service:
Catering to the needs of the customers before and after the classes are finished at the school.
The marketing strategy will first seek to create customer awareness products and services offered by Kuwait Culinary School, will be able to develop a custom toward creating some kind of customer loyalty and referrals. Effective implementation of this strategy will create name recognition and raise the repeat traffic of new customers that are going to be turning into long-term customers thereby generating and upholding positive and steady growth every year.
Core Competencies
Demonstrate and identify the use of knife skills, hand tools and equipment operation, which in return emphasizes proper technique and safety"
Show how to read, prepare and follow and then prepare a standardized formula and identify various products"
Show a diversity of cooking methods for instance roasting, broiling, baking, gridding, grilling, frying, and sauteing, stewing, braising, poaching, and steaming"
"Create a diversity of yeast products, such as quick breads, tarts, pies, cookies, cakes, and icings"
Strengths of Company
The nature of the classes will be able to promote repeat business, if an individual meets somebody and they will want to continue to see them, then the classes will be able to provide the perfect chance and atmosphere to do so. Individuals are also heartened to request their friends to further improve the social atmosphere and endure to return to the classes. Staff salaries and wages are a big part of any industries costs, for the reason that we have a low staff to customer ratio this will permit our organization to be more moneymaking. To furthermore decrease costs, the, main fixings the clients cook with in each class will be comprised in the payment.
Kuwait Culinary School delivers an intangible service, to make up for this, we will be able to charge a higher fee in order to propose the high excellence of our service. Over time most of the clients could possibly discover the classes to be stale or maybe even the same, to alleviate this weakness we will remain in developing new classes which will all encourage the customers or students to still come back to the classes in addition to appeal clients that are new. As more customers have used our service we will obtain testimonials which will help to raise our marketplace share.
Business Level Strategy
One of the customers and business level strategies that Kuwait Culinary School will use is making the customer aware of the service. Kuwait Culinary School will schedule is marketing activities and budget to be able to fit it business cycle. A strong promotional and advertising campaign will be executed prior to…[continue]
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