text:
Recently added item(s)
You have no items in your shopping cart.
Bonus Day: Get all 7 deals - TODAY ONLY
SKU# New-Straight
Regular Price:
Sale Price
I am obsessed with the straight and skinny jeans! The fit, the colors and the length are all perfect.
I was super hesitant to believe they would be as awesome as advertised. They are. They're super soft and comfortable... but the best part about them is FOR ONCE IN MY LIFE Jeans aren't creating a ledge off my back. Finally no super awkward horrible gap between waistband and the curvature of my back.
I love love these jeans. The fit and comfort make for a great Jean. I also am very happy with the longer length of these jeans.
I love these jeans - not too hot/not too cold, not too tight/not too loose. These are THE best! I have several pairs in different colors (and unfortunately in different sizes). They retain their shape and are very comfortable.
These Jeans are amazing! They fit great and are so comfy. It's hard for me to find jeans that are long enough, but these are perfect!
These are my favorite jeans! I've never had a pair of jeans that fit so perfectly and more comfortably! I'll definatetly be ordering again!
Best fitting jeans and most comfortable jeans I've ever owned! A very well made product!
I had no idea what to expect when I ordered these jeans but the description sounded as if it could help my old, overgrown bottom. AND they Did! I put them on and was so surprised how well they fit. Heather and her crew are doing a wonderful job for us women and I just want the Thank them all.
Ordered the boot cut jeans first and absolutely love them! The straight legs in the same size 30 have a much snugger and stretchier feel. Maybe just need to get used to them.
Thought I would try out these jeans and so glad I did. Super comfy! I ordered my normal size and they are true to size. I'm definitely going to order more.
Love the jeans - Now I want them in black! They fit great.
The jeans did not disappoint. I love the fit and the colour is true black. I would definitey order again because the service and delivery was efficient and quick. I'm in Canada and wasn't sure how long it would take but my order was delivered in very good time and well wrapped. Thanks so much.
Love, love, LOVE these jeans. I am 5'7" inches tall and weigh 160 (in my 50's). Jeans are really difficult for me to find as I am long waisted and curvy (10" difference between my waist and hips). I ordered a size 31 and they fit great. Better yet, they look contemporary. They are fabulous. I am ordering more in a flare leg. Thank you Heather!
I like the jeans, well made, great wash on them, but I don't like the sizing. I have 37 inch hips and yet the 27 was a little snugger than I would normally wear. According to the size chart I should get a smaller size, but I know they would be too small. I wish they had standard US sizes.
I love these jeans! Not 100% sure if I got the correct size tho. I ordered exactly what I wear, 28! When I first put them on, they are perfect for a while. Then they do feel a little big. Possibly I should have went down a size in this color. Still my happy heaven jeans and I do feel sexy now that my "muffin top" is gone.
These straight denim jeans have a great modern fit. Not too low and not too high. The fabric is more denim but has a touch of stretch to be forgiving. I can wear these all day and they won't get baggy or ever be too tight. A very slimming and versatile fit to tuck into a boot, wear with a wedge, heel or flat. I like these much better than a skinny jean. At 5'2" 120lbs and curvy, I sized down to a 25 which fit perfectly except for the extra length. A quick trip to the tailor for a nice hem was all that they needed. I liked the fit and vintage wash so much I ordered another pair during the 30% sale! Even at full price, worth the investment. Don't be in a rush to receive these though, the shipping is the longest of any online vendor : )
I never thought I could wear skinny jeans and now I have two pairs of Yummie Skinnies. These are my go-to jeans. Fit is great, comfort is out of this world, price is right on target. Love, Love, Love.
These jeans are the best all-purpose jeans! Great fit, great color, and just the right amount of stretch.
I ordered this pair of jeans in black, size 30, and they were a perfect fit. Then I ordered the same jeans in blue, same size, and they are a little loose....will be more careful about sizing next time before removing the tags.
These jeans fit great! They are very slimming in the butt and thighs. Get several compliments every time I wear them!
I initially received the wrong style of jeans and customer service was excellent about fixing this for me. They responded promptly and covered the shipping charge. Once I received the right fit I was pleased with the material of the denim. I really like the higher waist. However, the inseam didn't fit right and the waist was a little too snug. The straight fit seemed to resemble the skinny fit, as well. I ended up returning them.
This is the 4th pair of jeans I've purchased from here. Love every one of them!!
These jeans fits and lifts my butt and thighs so well. Best pair of jeans I've ever had
Great jeans. Amazing fit.
This is my third pair of jeans from Yummie. These are such great jeans for comfort, style , color and value. I wear them all the time. I don't even drag out any of my old jeans. these are my everyday casual wear jeans. If heather keeps making them I will keep buying them. Love these jeans. All day every day.
I purchased the straight leg jean in dark 2-year and indigo sandblast and what a worthwhile purchase! they're my new favorite. They're an everyday jean and the dark are nice enough to wear to casual client meetings with a blazer. Great alternative to a skinny jean, which I wear can overdo.
I had a baby eight months ago and have been working on putting my body back together. My pre-pregnancy jeans fit me again but look horrible. I have bought new pairs of my favorite brands but they also look horrible. The shape of my body has just changed and the jeans I liked before do not look good anymore. Just when I was about to give up, I found these jeans. They look and feel great. These jeans are a game changer!
Just bought these jeans size 27. They are probably a little snug on me but I decided to keep them anyway rather than return for a larger size. Wore them all day and they were very comfortable! Looked great all day. I would give it 5 stars if they came in shorter lengths as I am 5'0" tall.
I own 3 pairs of yummie Jeans in different styles. I love the straight style for everyday wear.They never sag or bag.You wash when dirty bc you don't have to wash to get them back to shape.Best denim anywhere!!!
Got these during a 30%off sale
And I love them! Just the right rise in both front and back. I'm 5'8 and the length is perfect. They have just enough stretch and don't lose too much shape after wearing. Worth every penny!
I purchased the black straight leg jean. I took them to NYC on my trip. After two all day wearings they did not stretch. They are extremely comfortable. I will gradually switch out all my jeans to these. Well worth it!!
Will order more colors as they come out! Best jeans ever!
Fabulous fit. My 3rd purchase of Yummie jeans. They Rock no matter the style. Perfect comfy non sagging fit. Love love Heather Thompson for designing a jean that really fits.
Only registered users can write reviews. Please, log in or register
facebook twitter pinterest youtube instagram


text:
Home OS X Apps Business & Productivity Download VMware Fusion 8 Full Version with crack, serial and keygen.
Click here to download Windows 10 Enterprise VL build 10240 (64 Bit) with the Torrent download manager. (Size: 3.67 GB) (Magnet Link).
Instructions: This is Torrent Download file. You must be Install µTorrent in your System.
Download Virtual DJ Pro 8 full version free today!
Download Windows 8 Ultimate Professional Final Full Version Free and Explore The New World.
Ebooks, Drama and much more on your PC, It is the best way to downloading a huge size file with safe and full working with the help of U Torrent Pro Crack, software for Windows 7 working.
Kaspersky 2015 Download Crack Patch activator. Download Road Rash 2002 Full Pc Game. Download FIFA 13 PC Full Version Direct Download.
Torrent Downloads » Other » Windows 8 Ultimate Final Crack+Activator Full Version Free Download.
Windows 10 Full Version Download free 2015 with Crack Keygen.
You can can download the final RTM versions of Windows 8 from torrent sites by searching the above file names (1 & 2).

subset: commoncrawl


text:
Some more of me doing what I LOVE !!!! XOXOXO Mrs Malone
So pretty---i love it when you have cock in your mouth----I makes you look so beautiful Darling!
Can I bust one on your chops too? nice!
Just love it when she eats it
oh my fucking jesus christ she's some dirty bitch does she stick her tongue into the slit dude?


text:
It was a great time in St. Paul. Enjoy a few images from the Rally. And, if you have some photos you want to share, send them to us via Instagram, @BMWMOA
Copyright © 1996-2015 BMW Motorcycle Owners of America, Inc. and respective authors and contributors. All rights reserved.
BMW Motorcycle Owners of America
640 S. Main St., Suite 201 Greenville SC 29601
(864) 438-0962
Opinions and positions stated in materials/articles herein are those of the authors and not by the fact of publication necessarily those of BMW MOA; publication of advertising material is not an endorsement by BMW MOA of the advertised product or service. The material is presented as information for the reader. BMW MOA does not perform independent research on submitted articles or advertising.


text:
Showing results for "Cm Kochsysteme". Did you mean Cum Kochsysteme
2 matching items were found.
Sort By
✔ Free Delivery ✔ 30-Day Replacement Guarantee ✔ Cash on Delivery ✔ Combo Deals.
2 offers for Cm Kochsysteme across various categories like Furniture, Mattresses, KING SIZE MATTRESSES and brands like Springfit are available.


text:
Furnished in Aeroglen Modern Granny Flat / Ap...
- 1 Beds
- 1 Baths
- 1 Cars
Furnished in Aeroglen Modern Granny Flat / Ap...
Important: No warranty of accuracy of information contained in this document is given by rent.com.au. Persons should check the accuracy of this information by independent inquiry prior to its use.
rent.com.au is Australia's #1 website dedicated to rental properties. Because we are focused on rental properties we are able to provide a more relevant experience for you as a renter. Search over 70,000 properties across Australia, including properties in Aeroglen. Refine your search to include homes, apartments, and units in Aeroglen. Add the properties you like to a shortlist and register so you can access this on any device. Be the first to hear about new rental properties in Aeroglen by creating an instant alert for Aeroglen.
View our rental suburbs


text:
A very interesting small museum which covered the history and geology of the Island. Well worth a visit. The Merchant House which is part of the same building was very interesting... read more
Jersey Museum presents history from 250,000 years ago when the first people...
Jersey Museum presents history from 250,000 years ago when the first people arrived in Jersey and continues through the centuries to explore the factors that have shaped this unique island and the people who live here. Find out why Jersey remained loyal to the English Crown despite being so close to France; listen to Jersey-French being spoken; learn about the Island's traditional farming industry and watch fascinating archive footage of the early years of tourism.
The Story of Jersey has won the Visit England 'Best Told Story' Accolade.
On display in the Art Gallery you will find the work of Claude Cahun, recognised worldwide as one of the leading artists of the Surrealist movement. Jersey Museum cares for one of the largest collections of Cahun's work, which comprises photographs, original manuscripts, first editions, books and other personal material. Find out more about Claude Cahun and Marcel Moore.
Step inside the beautifully restored Merchant's House and enter the drama of a Victorian family in crisis. The ghosts of the past - the desperate husband, the consoling wife and her accusing sister – are brought to life in a brand new audio-visual presentation. Further exploration of this magnificent house will reveal smaller dramas in other rooms while the scene is set for visitors with a new introductory exhibition on the ground floor.


text:
Sold Out $ 45.95
Collections: Clothing, Outlet, Outlet Womens Clothing, Spyder, Womens Layering, Womens Lifestyle Jackets, Womens Long Underwear, Womens Tops
Type: Lifestyle
Sold Out $ 27.00
Line Skier Forever Women's Tee View full product details
Sold Out $ 50.00
Super soft mid-weight fabric wuth moisture wicking properties. Flat locked seams. All-over sublimination (printed colorways). Reflective chest print View full product details
Sold Out $ 79.95
Features Full light plush inside : very comfy! Nice embroidery Organic Label Fabrics 70% Organic Cotton "Organic Exchange" certified 30% Polyester Water-based inks View full product details
Sold Out
Wool is the original, natural performance fabric, worn by outdoor enthusiasts for hundreds of years. The Original Sweater is both functional and fashionable; it's made... View full product details
Sign up to get the latest on sales, new releases and more …
© 2016 Aspen Ski And Board.
Design by Momentum Digital
Polaris Parkway Location 614-848-6600 | Web Sales 1-877-861-0777


text:
A School Superintendent And A Legislator on VPU
Supt. of Sioux Falls Schools, Dr. Pam Homan and Rep. Scott Parsley (D-Madison) will be on Viewpoint University today(Monday).
Supt. of Sioux Falls Schools, Dr. Pam Homan and Rep. Scott Parsley (D-Madison) will be on Viewpoint University today(Monday).
Carole Cochran of Kids Count, Rep. Scott Munsterman, and City Council Candidate Robert Knutson will be on Viewpoint University today(Friday).
Rep. Susan Wismer, Democratic Candidate for Governor, Gerald Benninga, Minnehaha County Commissioner, and State Sen. Jean Hunhoff on Viewpoint University Today(Thursday).
Democratic candidate for Governor, Joe Lowe, Legislator Marc Feinstein, and the leader of Face it Together, Sioux Falls, will be on Viewpoint University today(Tuesday).
Representatives of the Compass Center, a state legislator running for the US Senate, and a legislator running for Sioux Falls City Council will be part of Viewpoint University today(Monday).
State Representative Kathy Tyler from Big Stone City will discuss her important legislative issues on Viewpoint today(Friday) on Viewpoint University.
According to testimony from the state's technical institutes given in Pierre, South Dakota Tech Schools are number #1 in the country for completion rates.
State Senator Shantel Krebs, James Power, who wants to be a circuit judge, and Troy Larson of the Lewis and Clark Rural Water System are our "professors" today(Tuesday) during Viewpoint University.
Porter Williams, Mary Tidwell, and State Senator Tom Jones will be a part of Viewpoint University today(Monday).
State Rep. Duvall, author Shanna Knutson, security expert Michael McNerney, and journalist Heidi Martilla-Losure are guests during the Friday Afternoon Club on Viewpoint University.


text:
Custom-fit protection for the tent floor, providing increased protection from water and wear-and-tear.
NOTE: Find in Store Inventory levels are continuously changing. Please contact store to confirm availability is as shown.
- Custom-fit protection for Flylte
- increased protection from water and wear-and-tear
- Weight: 10oz /.3kg
- Package Size: 8 x 10 x 1"
- Fabric: 68D x 190T Polyester Taffeta 1200mm polyurethane / DWR
Shipping Info:
- Leaves the warehouse in 1-7 business days depending on order volume.
- Items may be returned within 60 days of the order date to an Atmosphere retail store or an Atmosphere warehouse. Items must be returned unused/unworn and electronics unopened. See Online Return Policy and Return Instructions for more information.
- Note: Shipping restrictions may apply based on location and product size.


text:
(423) 246-9100
1397 E Center St
Kingsport , TN 37664
Hawkins Bingham & Miller is a Kingsport, TN, law firm that that specializes in personal injury and wrongful death cases throughout the Tri-Cities area and the entire East Tennessee region. We handle cases on a contingent fee basis. You pay no attorney's fee unless we win a settlement or judgment for you! If you have been injured, or if a loved one has been killed because someone else was careless or negligent, we are here to help.
Our attorneys, John Bingham and David Miller, have 60 years of combined experience handling personal injury and wrongful death cases, including the following:
We use our experience and skills to achieve the best result for our clients. We represent people who have been injured and the families of the victims of wrongful death. We do not represent corporations or insurance companies. We specialize in accident and injury cases. The law can be complex and complicated and we believe it is important to focus on one area of the law.
Call for a consultation today!
The content on this business profile contains information about the law firm of Hawkins, Bingham & Miller, its individual attorneys and investigator as well as general information about the law. It is, in part, legal advertising and promotion. The information contained on this business profile about the law should be considered general information only. It is not legal advice and no attorney client relationship is being created between us and any visitor to our business profile. The lawyers at Hawkins, Bingham & Miller are licensed only in Tennessee and the information provided herein relates primarily to Tennessee law.


text:
This content has been marked as final. Show 2 replies
1. Re: OBIEE REPORT GIVING NO Data for select criteria WHEN WE GIVE A FILTERDavid_T May 4, 2012 6:37 PM (in response to 915739)The obvious general answer is that the value that is being used to filter the column has no match. Try doing this:
1) On the column that will receive the dashboard prompt presentation variable, click on the fx button.
2) Apply the TRIMBOTH function and for the char, use a space (single quote, space, single quote).
3) Click the filter button on this modified column and set it equal to the PV.
Sometimes the column contains a leading or trailing space in it. No problem if you just display all values and hard to tell why filtering for a value known to be in the table results in "no results." Often the extra space is the culprit. Try it.
2. Re: OBIEE REPORT GIVING NO Data for select criteria WHEN WE GIVE A FILTER915739 May 7, 2012 2:45 PM (in response to David_T)Hi,
But still it is giving same error.Iam using combined request using union as set operator.
Is there any problem with combined request?
Though it is having data when we select particular value it is throwing error.
Could you pls suggest me here


text:
Explore Teaching Technology, Technology Ideas, and more!
Website where kids can upload photos of themselves and fill it with words about themselves and their interests
for Christmas/holiday crafts - maybe decoupage?
Altered book poetry and art. So beautiful.
This is so neat. You upload a picture of yourself, and then add words and it makes this sort of thing. If we took the pictures and the computer teacher would let us do this in the computer lab, this could be really interesting. Maybe as a scrapbook accompaniment to the 8th grade project??
Cool riff on blackout poetry. LM leave words on page; cut out unwanted words; page underneath shows through (alternative to the found poetry project)
Sillhouette Collage...Do their silhouettes and have them fill their heads with what's going on in their brain (what they like, think about, etc.). Can include writing assignment with the project.
Revive Your Curriculum with Student-Centered Handouts


text:
Hotels in Barking, United Kingdom
Search & Compare Barking Hotels
Get Secret Prices on select hotels
These prices aren't available to everyone.
Trending now in Barking
Hotels in Barking
- Most bookedibis London Barking
262 people looked at this hotel in the last hour
Most recent review
"Nice hotel. The advertised "city views" were of the car park and the premier inn next door. Free Wi-Fi always good. Room size good, comfortable bed. Would stay here again. Tesco next door handy for food and drink. Bus stop right by Tesco to take you to Canning Town or Stratford for the tube to c..."
A Traveller, Nov 2016, GB
252 people looked at this hotel in the last hour
Most recent review
"hi, we had a very corner room 246; the room itself, the bathroom, the tv, lights, all OK; the only downside was this was very building corner room, so it was a bit cold (window seal could be stronger and would be nice if aircon in that room could go over 25). apart from that all was ok, place was..."
A Traveller, Dec 2016, GB
- Premier Inn London BarkingNo Guest Reviews yet
3 people looked at this hotel in the last hour
3 people looked at this hotel in the last hour
Most recent review
"We stayed in Travelodge Barking London for three nights and we find that the staff were very helpful and friendly. Our room was Surprisingly spacious for the type of hotel. In overall our stay was very pleasant. Our regards to all the staff for our nice stay."
A Traveller, May 2015, US
Hotels within 5 miles of Barking
449 people looked at this hotel in the last hour
Most recent review
"Friendly welcome. Nice room, poor view. Great pool. OK breakfast."
A Traveller, Nov 2016, GB
391 people looked at this hotel in the last hour
Most recent review
"We were attending a trade show at the Ecxel and the location was ideal. We were work colleagues staying in the same room and needed the sofa bed made up. Reception could not have helped anymore to get this sorted out, asking what time would be best for us etc. The bar is quite expensive but it..."
A Traveller, Dec 2016, GB
365 people looked at this hotel in the last hour
Most recent review
"We had a good, comfortable stay the hotel. Although, it was a good ways from Downtown London, the hotel is located near the train system for easy transportation. "
A Traveller, Dec 2016, US
348 people looked at this hotel in the last hour
Most recent review
"The hotel is perfect if you're working at the ExCel centre or going to an event near there. There are quite a few restaurants along the strip where it's located and a little supermarket. Parking at the hotel is limited but if it's full there is plenty of parking across the road. The hotel is nic..."
A Traveller, Nov 2016, GB
241 people looked at this hotel in the last hour
Most recent review
"Very nice hotel. Great service and food. The breakfast buffet is very good."
A Traveller, Nov 2016, GB
230 people looked at this hotel in the last hour
Most recent review
"Lovely hotel on the DLR line. Room was clean and decorated to a high standard. Breakfast was a little pricey but very nice. Staff are excellent and parking reasonably priced also. "
A Traveller, Dec 2016, GB
Best hotels in Barking
You can compare all of our Barking hotel rooms including the major Barking hotel chains using our genuine Hotels.com guest reviews as well as TripAdvisor Barking hotel reviews to help find the perfect hotel room when booking your accommodation in Barking. We also feature Expedia Barking hotels and reviews.
When you book your Barking stay with Hotels.com you may also earn free nights on participating hotels by joining the Hotels.com Welcome Rewards program. It's free to join and only takes 2 minutes to sign up and when you stay 10 nights you receive 1 night free*. So even a short weekend break in Barking can get you on your way to a free night.
Why use Hotels.com to book your Barking lodging & accommodation?
We can help you to find the perfect Barking hotel room for almost any occaision. With our fast and secure hotel search you may compare different Barking hotels by:
- - Price
- - Location within Barking
- - Neighborhoods in Barking
- - Nearby Barking attractions
- - Hotels in different areas of United Kingdom
- - Genuine Hotels.com guest reviews for Barking
- - Star rating
- - Amenities
- - Hotel name & chain
- - Theme
For every hotel in Barking United Kingdom we provide:
- - Up to the minute hotel rates & availability
- - In depth hotel information and photos
- - Detailed Barking maps showing the locations of your hotel in Barking and the nearest transport and landmarks
- - TripAdvisor Barking hotel review score
And when you make a hotel reservation in Barking with Hotels.com we'll send you email and text confirmations with the reservation details of your Barking hotel booking along with contact details, directions, information on nearby Barking attractions, restaurants and even the weather - and if you get stuck, we're only a phone call away.
To make the most of our service, download our mobile & tablet apps and sign up to our newsletter or follow us on Facebook, Google+ or Twitter to receive the latest deals and Hotels.com Barking discount codes.


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
March 21, 2008
RICHARD JOHNSON, PLAINTIFF,v.CITY OF PROSPECT HEIGHTS, ET. AL., DEFENDANTS.
Plaintiff Richard Johnson ("Johnson") is suing the City of Prospect Heights, several city officials, police officers, city attorneys and an Illinois state judge, for infringement upon his constitutionally and otherwise federally protected rights, arising from the use of real property. Count 2 of the Complaint alleges a violation of the Fourth Amendment and violation of 42 U.S.C. § 1983. Count 9 of the Complaint contains allegations that the Defendants harassed the Plaintiff, trespassed on his property and abused police authority; all in contravention of Illinois state law.
Defendants City of Prospect Heights, Steve Skiber and Rodney Erb now move this Court for summary judgment pursuant to Federal Rule of Civil Procedure 56. First, Defendants contend that Officer Erb is entitled to an affirmative defense of qualified immunity. Second, Defendants assert Johnson has failed to present facts demonstrating the existence of a policy or custom of constitutional or civil rights violations. Third, Defendants assert that Johnson's state law claims are barred by the respective statutes of limitations, various immunities, and Johnson's lack of standing. Johnson also moves this Court for summary judgment on the issues of whether Officer Erb and the City violated the Fourth Amendment and subjected Johnson to an unreasonable search. For the reasons stated below, Defendants' motion for summary judgment is GRANTED in part and Johnson's motion for summary judgment is DENIED.
An entity called Anderson Acquisition Trust (the "Trust") purchased real property located at 1015 Drake Terrace, Prospect Heights, Illinois (the "Property") as shown by warranty deed made effective as of November 5, 2002. At or near this time Johnson came to be a "possessor" of the property. Johnson does not claim to be a beneficiary of the Trust. At all times prior to these summary judgment proceedings, Johnson claimed to own the Property. He now concedes that he does not now own nor did he ever own the Property, he did not acquire it personally, nor was he ever a tenant. He claims that he was simply a "possessor" of the Property at all times relevant to the events at issue in this case, frequently along with other "possessors," such as Daniel Bender. At some point, Johnson undertook construction on the Property. Johnson also posted signs on the property directing the public to keep out and that entry unto the property would result in a land use fee of $5000.
By September 2003, the City of Prospect Heights (the "City") became aware of the construction occurring on the Property and on September 27th and 30th, notices were sent to the Property directing the residents or owners to contact Steve Skiber, the Building Director of the City regarding the construction taking place at the Property. On October 4, 2003, Mr. Skiber issued an order to stop work on the property, as he is authorized to do under the City's municipal code. That work order was subsequently found to be valid by a Cook County Circuit Court. In or around April of 2005, Skiber entered the Property and posted stop work orders and building code violations. Also during this time period, Skiber and unknown officers of the City entered onto the Property pursuant to an administrative search warrant to check the Property for mold. The search warrant was held to be valid by another Illinois Circuit Court of Cook County in May of 2005.
A stop work order was issued on October 4, 2003 directing all construction occurring at the Property to immediately halt. On October 5, 2003, a Sunday, the City's dispatch center dispatched Officer Erb to the Property in response to a call from someone claiming that construction was taking place on there. The City had in force at the time municipal ordinances that prohibited construction on sundays, construction done without a permit and construction in defiance of a stop work order. Upon his arrival, Officer Erb heard noises emanating from the rear of the Property that he identified as construction noises. He then went to the front door of the Property and knocked but no one responded. He then walked around to the rear of the Property via an adjacent driveway on the side of the Property. Officer Erb passed through a gate into the rear of the Property where he encountered the Plaintiff. There is some dispute over whether Officer Erb entered a garage before talking to the Plaintiff or afterwards. Nevertheless, Officer Erb admits that at some point he did enter the garage without permission. The garage was attached to the home and there was a door leading inside the home. It is disputed on whether Officer Erb entered the house or not. Officer Erb claims he did not enter the house. Johnson claims he stood in the doorway of the house.
Officer Erb asked Plaintiff several questions about the house, such as who owned it and what was going on, but the Plaintiff refused to answer. Officer Erb observed construction in progress. He also observed several others on the premises, who he identified as workers.
Plaintiff pulled out a video camera, handed it to one of the other people on the Property and that person began recording. Plaintiff ordered Officer Erb to leave his property. Officer Erb responded by backing out of the garage and requesting Plaintiff to accompany him to the front of the home. Plaintiff went to the front of the home under no visible force or duress.
The parties submitted a videotape that records some of the events of October 5, 2003. In the videotape Officer Erb and Johnson are clearly seen in the rear of the Property arguing over the propriety of the construction. Johnson is asserting that Officer Erb's presence is a violation of the Fourth Amendment and Officer Erb is disagreeing. Also, the videotape clearly shows an exposed area near the garage where some sort of remodeling was being done, and one can hear hammering in the background. Officer Erb unmistakenly asks Johnson, "Why don't we go around front?" The two then begin walking to the front. Officer Erb later explained during a deposition that he felt outnumbered in the rear of the Property. In the videotape Officer Erb is not yelling or forcing Johnson to do anything. Officer Erb placed his hand on Johnson's shoulder twice, but he was not pushing Johnson or otherwise exerting force on him.
Officer Erb and Johnson continued their discussion in the front of the Property near Officer Erb's police vehicle. During the discussion Johnson placed his right hand behind his back and underneath his jacket for a few seconds. Several times, Johnson looked around nervously with frustration. A few moments later, Johnson places his hands on the rear of the police vehicle and Officer Erb is seen patting Johnson down. The pat down lasted for a few seconds. Thereafter the two men continue talking and finally Johnson walks away back toward the Property.
On September 27, 2006, this Court issued a Memorandum Opinion and Order dismissing Counts 1 and 3 through 8 of the Complaint on the basis that the Court did not possess jurisdiction to review and render void decisions of the Illinois courts. Counts 2 and 9 survived and are discussed below.
Summary judgment is appropriate if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). A genuine issue of material fact exists only if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The movant bears the burden of establishing that no genuine issue of material fact exists. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the movant meets this burden, the non-movant must set forth specific facts (a "scintilla of evidence" is insufficient) demonstrating that there is a genuine issue for trial. Fed. R. Civ. P. 56(e); Anderson, 477 U.S. at 252; see also Celotex, 477 U.S. at 324. When reviewing a motion for summary judgment, the court must view the facts in the light most favorable to the nonmoving party and draw all reasonable inferences in that party's favor. See Schuster v. Lucent Tech., Inc., 327 F.3d 569, 573 (7th Cir. 2003).
A. Count 2
Count 2 of the Complaint alleges that Officer Erb and the City violated the Fourth Amendment on October 5, 2003, when Officer Erb entered the Property, seized and searched Plaintiff and searched the Property, all without a warrant, probable cause, or exigent circumstances. Defendants argue that Officer Erb is entitled to qualified immunity for his actions and that the City should be dismissed from this action because Plaintiff cannot show facts from which a reasonable factfinder could conclude Officer Erb's actions were sanctioned by an established policy or custom of the City.
The doctrine of qualified immunity protects public officials from civil litigation arising out of the performance of their official duties unless the plaintiff can demonstrate the following two factors: first, the plaintiff must be able to show that the public official violated a constitutional right and second, the plaintiff must demonstrate that the law was clearly established at the time of the violation, so that a reasonable public official would have known that his conduct was unlawful. Bleavins v. Bartels, 422 F.3d 445, 450 (7th Cir. 2005). Qualified immunity is usually raised early in the proceedings to give the shielding purpose of the doctrine full effect. In this case, Johnson pleaded sufficiently to avoid operation of the doctrine during the motions to dismiss/judgment on the pleadings proceedings.
These facts cannot support a conclusion that Richard Johnson's constitutional rights were violated. There can be no doubt that Officer Erb was investigating a potential violation of municipal ordinances when he entered the Property. A stop work order was in effect and it was a Sunday morning. Someone called the City's dispatch center to complain that there was construction taking place at the Property. The dispatch center sent Officer Erb to the Property in response to that complaint. Officer Erb heard noises emanating from the rear of Property that indicated to him that construction was in progress. Although Johnson disputes these facts, he offers nothing that contests them other than his own (incorrect) opinion of their value as evidence. For instance, he "disputes" the fact that Officer Erb was dispatched to the Property on the basis that it is hearsay. There is no hearsay involved with an officer explaining that he was dispatched to a residence because of a citizen complaint. To render the fact disputed, Johnson would have to show some evidence that this is false or there was some other reason the Officer came to the Property, not simply arguing that it is hearsay.
These facts do not support a finding a search or a seizure under the Fourth Amendment. For Fourth Amendment purposes, a "search" takes place when the government intrudes upon an individual's reasonable and legitimate interest in privacy. Christensen v. County of Boone, 483 F.3d 454, 459 (7th Cir. 2007) (citing Katz v. United States, 389 U.S. 347 (1967)). A court must carefully balance governmental interest against private interests when engaging in a reasonableness determination. Soldal v. County of Cook, 506 U.S. 56, 71 (1992). Officer Erb was engaged in an attempt to discover whether municipal code violations were taking place. Obviously, the government has a legitimate interest in responding to complaints of its citizens and in discovering and preventing violations of its laws. Two elements support Officer Erb's legitimate presence on the Property; first, he received a dispatch order to the Property with the understanding that construction was taking place and, second, he observed construction sounds emanating from the rear of the Property. Officer Erb states he knocked at the front door, but no one responded. Johnson has not submitted any evidence that would render these facts disputed. Officer Erb entered the garage. It is evident from the videotape that the construction is taking place in an area, if not within the garage, then directly adjacent to the garage. Officer Erb may have stood in the doorway of the house. There are no allegations or any factual evidence that Officer Erb went beyond these very minimal intrusions in his effort to discover whether the City's municipal laws were being violated. This Court concludes that Officer Erb did not conduct an unreasonable search as contemplated by the Fourth Amendment when he entered into the rear of the Property to investigate municipal code violations.
Johnson also claims that he was seized by Officer Erb. A "seizure" occurs under the Fourth Amendment when police intentionally restrict the freedom of a person to move about in public. Christensen, 483 F.3d at 460 (citing Brower v. County of Inyo, 489 U.S. 593, 596 (1989)). An officer must communicate to a reasonable person, either through physical force or through a show of authority, that he is not at liberty to ignore police presence and go about his business. Id. at 460 (citing Florida v. Bostick, 501 U.S. 429, 437 (1991)); see also United States v. Packer, 15 F.3d 654, 657 (7th Cir. 1994). On the facts presented, no reasonable factfinder could conclude that Officer Erb communicated to Johnson, either through physical force or through a show of authority, that Johnson was not at liberty to ignore police presence and go about his business. First, the videotape clearly shows the two men merely having a discussion. While they are talking someone continues to hammer in the background. Thus, Officer Erb's presence did not disturb the ongoing work. Second, Officer Erb merely suggests that the two of them go around to the front. There was no physical force being exerted by Officer Erb upon Johnson; nor does Officer Erb ever command Johnson to do anything. In fact it was Johnson who commanded Erb to leave the garage, an order with which Erb complied.
Officer Erb's actions are more properly characterized as a Terry stop, for which an officer need only articulate a reasonable suspicion that criminal activity is afoot. Terry v. Ohio, 392 U.S. 1 (1968). Officer Erb had a reasonable suspicion that the City's municipal code was being violated. That suspicion was provided by the citizen complaint to the dispatch center and Officer Erb's own ears and common sense that what he was hearing was construction work taking place in the rear of the Property on a Sunday at a location where a stop work order had been issued. When he went around to the rear of the Property it was Johnson whom Officer Erb encountered. Johnson offers no evidence upon which a reasonable factfinder could conclude that Officer Erb was unreasonable in his suspicion that Johnson was the person responsible for the construction taking place at the Property and that Johnson was who he should briefly detain to further investigate what was happening on the Property.
Once out front, Officer Erb subjected Johnson to a pat down, which Johnson regards as an unreasonable search of his person. The Seventh Circuit has explained that "[c]ircumstances which appear innocent to the outside observer may suggest criminal activity to experienced law enforcement personnel who may assess these circumstances in light of their experience." United States v. Thornton, 197 F.3d 241, 248 (internal quotation omitted). The same deference given to officers in assessing criminal activity extends to their assessments of potential danger. To justify a warrantless pat-down search without probable cause, an officer must be able to point to specific and articulable facts indicating that the subject of the search may be armed and present a risk of harm to the officer or to others. United States v. Brown, 188 F.3d 860, 864 (7th Cir. 1999) (internal citation omitted). Under these facts, it was reasonable for Officer Erb to subject Johnson to the quick frisk that lasted less than a few seconds. As Officer Erb and Johnson talked near Officer Erb's vehicle, Johnson was displaying frustration and seemed visibly agitated. He looked around several times as if he were disgusted with the situation. He also placed his right arm behind and underneath his jacket for a few seconds. At one point he placed his left hand in his left pants' pocket and removed it quickly. Johnson also would not provide Officer Erb with an explanation of his identity. These specific facts are enough to justify a skilled officer's use of a Terry pat-down to relieve his articulable fear of harm. Johnson understandably resents being patted-down, especially in view of the fact that Officer Erb never declared his intention to do so. But there is no precedent nor logical support for the argument that an Officer must announce his fears and his intentions to conduct a pat-down before he performs one.
In conclusion, neither the Property nor Johnson were subjected to unreasonable searches and Johnson was not subjected to an unreasonable seizure within the meaning of the Fourth Amendment. Ruling on whether Officer Erb is entitled to qualified immunity at this point of the litigation seems moot, but nevertheless it is appropriate since it is the relief sought by the Defendants and as discussed earlier, qualified immunity exists for a public official where the plaintiff cannot establish that his constitutional rights were violated. See Bleavins, 422 F.3d at 450. Summary judgment is granted to Officer Erb on Count 2. Summary judgment is granted as to the City on Count 2 as well, as this Court has concluded no constitutional violations were perpetrated by Officer Erb against Johnson on October 5, 2003. Also, a municipality may only be liable under Section 1983 if a municipal actor deprives a plaintiff of her constitutional rights through execution of a municipal custom or policy. Monell v. Department of Social Services of City of New York, 436 U.S. 658, 691 (1978). Thus, summary judgment is appropriate for the City as to Count 2 for the additional reason that Johnson has not presented evidence of any City custom or policy.
B. State Law Claims
Count 9 of the Complaint contains allegations that the Defendants harassed the Plaintiff, trespassed on his property and abused police authority; all in contravention of Illinois state law.
In this Count, Johnson complains of unauthorized entry onto the Property, unnecessary surveillance of the Property and its inhabitants and the issuance of two parking tickets on October 5, 2003. Having granted summary judgment for the Defendants on the grounds that no constitutional violations were perpetrated against Johnson, this Court may still exercise supplemental jurisdiction over the remaining state law claims pursuant to Title 28 U.S.C. §1367(a), which states in relevant part that: in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
It is readily apparent that same the nucleus of operative facts giving rise to Count 9 gave rise to Count 2 as well. The Seventh Circuit stated that "judicial power to hear both state and federal claims exists where the federal claim has sufficient substance to confer subject matter jurisdiction on the court, and the state and federal claims derive from a common nucleus of operative facts." Ammerman v. Sween, 54 F.3d 423, 424 (7th Cir. 1995). Supplemental jurisdiction is not limited to "restatements of the same ground for recovery. The claims need only revolve around a central fact pattern." Euromarket Designs v. Crate & Barrel, 96 F.Supp.2d 824 (N.D.Ill. 2000) (quoting White v. County of Newbury, S.C., 985 F.2d 168, 172 (4th Cir. 1993)).
Here, Johnson complains that on October 5, 2003 and all times relevant thereafter, the Defendants trespassed onto his property, harassed him and abused police authority. Johnson appears to be operating under the mistaken belief that he is bringing these state claims under Section 1983. That is not so. These claims arise under Illinois law and are brought pursuant to Illinois law and so Illinois law regarding applicable statutes of limitations and tort immunity applies. The Local Governmental and Government Employees Tort Immunity Act (the "Act") provides that no civil action except for medical malpractice claims "may be commenced in any court against a local entity or any of its employees for any injury unless it is commenced within one year from the date that the injury was received or the cause of action accrued." 745 Ill. Comp. Stat. § 10/8-101 (2008). The City is a municipal corporation and thus a "local public entity" as defined by the Act. Id. §1-206. Officers and building inspectors of the City are "public employees" under the Act. Id. §1-207.
The Act clearly limits the time in which a plaintiff can commence a civil action against a local public entity and its employees to one year after the injury was received or the cause of action accrued. Luciano v. Waubonsee Community College, 614 N.E.2d 904, 245 Ill. App. 3d 1077, 1080 (2nd Dist. 1993). Therefore, no Illinois civil action premised on events occurring before October 4, 2004 (one year before the filing of the Complaint, which commences an action in federal court) against the Defendants can be entertained and Johnson is barred from pursuing any civil action arising out of the events of October 5, 2003. Officer Erb is hereby dismissed from Count 9.
However, Johnson refers to October 5, 2003, and all dates thereafter mentioned in his Complaint. In the Complaint Johnson stated that on April 7, 2005, Steven Skiber, the City's building inspector and unknown members of the City's police force entered onto the Property pursuant to an administrative search warrant and conducted an unreasonable search. Defendants move for summary judgment only on the basis that Johnson is complaining of Skiber's posting of stop work orders and building violation notices as trespasses that occurred on April 5, 2005.
Although Johnson never states that the April 7, 2005 entry onto the Property is a trespass or act of harassment, the Court will construe it as such and consider it in addition to the April 5, 2005 posting of signs.
The Act immunizes local public employees for any "injury arising out of his entry upon any property where such entry is expressly or impliedly authorized by law." Id. §10/2-209. Johnson admits that the entry and search of April 7, 2005 were done pursuant to an administrative search warrant. That administrative search warrant was held to be valid by the Illinois Circuit Court of Cook County in its May 27, 2005 order. As explained in its Memorandum Opinion and Order dated September 27, 2006, this Court does not have jurisdiction to review and void orders of the Illinois courts. Since Johnson admits that entry was accomplished pursuant to an administrative search warrant, which has been held valid by an Illinois court of law, he cannot be heard to argue that entry onto the Property was not either expressly or impliedly authorized by law. Skiber and the unknown officers are protected by the Act.
Similarly, the City issued stop work orders and directed its employees to post signs on the Property. Therefore, Skiber was at a minimum, implicitly authorized by law to post the stop work signs and notices of violations. The Act provides that if "a public employee acts in good faith, without malice, and under the apparent authority of an enactment that is unconstitutional, invalid or inapplicable, he is not liable for any injury caused thereby except to the extent that he would have been liable had the enactment been constitutional, valid and applicable." 745 Ill. Comp. Stat. § 10/2-203 (2008). Thus, even if the City's issuance of the stop work orders and notices of building code violations were "unconstitutional, invalid or inapplicable," Skiber was protected by the Act when he posted those orders and notices on the Property. Johnson has not pleaded the Defendants acted with malice or in bad faith.
Therefore, Count 9 against Officer Erb is dismissed with prejudice as it is barred by the Act's one year statute of limitations. Count 9 is also dismissed with prejudice against Steven Skiber because the Act renders a public employee not liable for any injuries arising out of his entry upon any property where such entry is expressly or impliedly authorized by law. Lastly, Count 9 is dismissed with prejudice against the City because under the Act, " a local public entity is not liable for an injury resulting from an act or omission of its employee where the employee is not liable." 745 Ill. Comp. Stat. § 10/2-109 (2008).
For the above-stated reasons, Defendants' motion for summary judgment is GRANTED as to Count 2 only. Count 9 is dismissed with prejudice against all Defendants. Plaintiff Richard Johnson's motion for summary judgment is DENIED. Civil case terminated.
David H. Coar United States District Judge
© 1992-2008 VersusLaw Inc.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Pro After Building Cleaning Services SE16 Evelyn
Trying to find an expert after building cleaning price offer? Cannot find a reliable and decent after building cleaning company? IASC Ltd. is here to respond to all of your requirements, demands and expectations! We present you the revolutionary and innovative after builders cleaning service in Evelyn SE16 with all of these extras in a pack:
- Special deals on early booking
- All technicians with Ids, branded uniforms & vehicles
- Same-day & emergency services available
- No pre-paid deposits, no hidden charges
Get decent residential and commercial after builders cleaning assistance ASAP! Contact us on 020 3746 4287 phone number. Contact our kind customer support representatives and arrange a visit by our experts for professional after builders cleaning!
The price for this service starts from £16/hour.
Professional Post Builders Cleaning Services Evelyn SE16
Kitchens also get a special treatment, with attention to stove tops and range hoods cleaning, bench top and backsplash cleaning. In case some paint or plaster has gotten on the cupboards, we wipe their fronts down, including a special finish to keep them safe from dirt, the exteriors of fridges are cleaned and polished if the finish allows it. We clean inside and outside of the microwave oven, with the sink left shining free of junk and debris. Again we pay attention to the finer details like fixtures around the kitchen, door handles, on top of door frames, fingerprints cleaned from doors frames and light switches, with floors mopped and vacuumed. All of the window sills are wiped down to ensure full cleaning.
Domestic & Commercial Construction Clean-Up Evelyn SE16
This is an after building cleaning service which focuses on removing hard to extract stains from carpets, like heavy construction dust, paint and even plaster. All of our procedures are done with 100% safe liquids which protect and empower the fibers of your rugs or carpet. We also have a comprehensive cleaning for the full property including steam leaning, wall washing, pressure washing, hard floor cleaning, tile rubbing, window cleaning, upholstery and carpet cleaning, driveway and patio cleaning, wood floor polishing, rubbish removal, night cleaning. This is the ideal after construction or renovation cleaning service for people who simply want to get their life on track and want a efficient and fast cleaning job.
Expert Post-Renovation Cleaning Services Evelyn SE16
For more than ten years, IASC Ltd. has been providing both commercial and home after builders cleaning services to the businesses and people in Evelyn SE16. The professional cleaning services is done by very thoroughly checked, fully insured, trained and reliable cleaners. The after builders cleaning services is hourly based, and naturally the number of hours booked depends on the customers preferences, as well as the size of the property, the volumes of debris and dust, and the overall condition of the premises after the construction or refurbishment work. The company offers high quality and very expedient post-renovation cleaning and contract construction clean up services, and can also provide builders waste removal and a number of other cleaning and maintenance services.
Domestic & Commercial After Builders Cleans Evelyn SE16
Don`t worry your personal belongings are at safe place and the service is fully insured. See what else the vetted and motivated after builders cleaners provide:
- Contract construction clean-up: close it after, before and during the repairs
- Commercial and home cleaning after renovations, DIY projects, repairs
- Secured and fast cleaning service builders with all the required cleaning tools provided
- Additional services: upholstery cleaning , carpet cleaning
- 365 working days per year - including national holidays and weekends
Call IASC Ltd. After Builders and Get Good Prices!
IASC Ltd. is available for your after builders cleaning service. Get a free quote now! Call us on 020 3746 4287 or make a direct reservation via the online booking form today. Prices are cheap and regular customers get discounts!


text: I mean I just want to see what it would be like running the iphone os on a 2.1 GHZ processor ATI Randeom Express with 256 mb of memory, a sata hard drive, 3 gb of memory. I would fully install it so that you can select it during boot or just a application i can click on. I have no clue where to put this thread so i put it here.


text:
from £51 / night help Price for guests, Nights
Island of Krk centar – Home 623150 Apartment
- 1 bedroom
- 2 sleeps
- 3 nights min stay
Island of Krk centar – Home 623150
- Apartment
- 1 bedroom
- 2 sleeps
- 3 nights min stay
Apartment / 1 bedroom / 3 bathrooms / sleeps 2
Key Info
- Beach / lakeside relaxation
- Not suitable for children
- Car advised
- Air conditioning
- Ask about pets
- Private garden
Description from owner
Krk -centar ,Apartment (cca 55m2 )in villa in the heart of the old town of Krk-a.70 meters from the beach. Decorated in romantic and modern style. Modern kitchen with stove, refrigerator, freezer, dishwasher, washing machine, dining room, living room, bathroom with shower, terrace and vrt.Apartman has its own entrance and operates as a separate stan.Kategorija 4 stars, towels, dishes, bedding, tV, satellite, air is in the price. City of Krk, green pearl of the Adriatic Sea with a very well organized night life for young people. Rijeka Airport, about 20 km from the city of Krk and is located just on the island.
If necessary, we will arrange for you / EUR 20 one way / transport to and from the airport.
The city's all at your fingertips: restaurants, nightlife, blue flag beaches, boat trips, bus
Bed & bathroom
- 1 Double Bed, 1 Sofa Bed, 1 Cot available
- 1 Family bathroom, 1 En suite, 1 Shower room
- Wi-Fi available
- Air conditioning
- Private garden
- Internet access
- Safe
- Cooker
- Fridge
- Freezer
- Microwave
- Toaster
- Kettle
- Dishwasher
- Washing machine
- High chair available
- Satellite TV
- Linen provided
- Towels provided
More Less
- Parking
- Not suitable for wheelchair users
- Payment
- This rental can only be paid for online through Holiday Lettings using your credit/debit card or PayPal (never by bank or wire transfer).
- Smoking
- No smoking at this property
- Cancellation policy
View Policy
About the owner
Selma K
- Response rate:
- 8%
- Calendar updated::
- 22 Jul 2016
Languages spoken: English, German
This Apartment has 1 bedroom, 3 bathrooms and sleeps 2. It's been listed on Holiday Lettings since 17 Sep 2013. Located in Krk Island, the average weekly rate is £353.
The Owner has a response rate of 8% and the property's calendar was last updated on 22 Jul 2016.
Map and how to get there
Guest reviews
Help other travellers decide where to stay
This holiday home hasn't got any reviews yet. The average rating on Holiday Lettings is four out of five. This place could be newly added or perhaps it's a well kept secret. Either way, it's time to reveal all.
Build your perfect trip, with Holiday Lettings & TripAdvisor
Book with confidence
Pay online to be covered by Payment Protection
Real opinions, real reviews
Genuine guest feedback from 100,000+ reviews
Safe, simple, secure
When you pay online with PayPal or by credit/debit card
Quick response times
Know where you're staying within 24 hours
Also consider
Europe Holidays
431300 properties
Croatia Holidays
42701 properties
Krk Island
2,005 properties
Rab Island
968 properties
570 properties
320 properties
Draga Bascanska
239 properties
117 properties
102 properties
Lošinj Island
97 properties
Stara Baska
96 properties
Cres Island
83 properties
43 properties
33 properties
27 properties
21 properties
21 properties
20 properties
12 properties
8 properties
7 properties
6 properties
This advert is created and maintained by the advertiser; we can only publish adverts in good faith as we don't own, manage or inspect any of the properties. We advise you to familiarise yourself with our terms of use.


text:
Slide to see the images
Snoop is such a beautiful hound girl and ready to find her lifelong family! We located Snoop lost and abandoned at a rural shelter in the Panhandle of Florida. What's not to love? Weighing in at only 27lbs, and only a year young, this beautiful girl is ready to have fun and be your lifelong companion. Gentle Beagle personality, loving and sweet. A bit vocal at times, but happy to sit at your feet and sleep. With a little patience and training, she could be the girl of your dreams! Hurry to fill out an application to meet this sweetie! http://www.fluffanimalrescue.org/adoption-application
Snoop's adoption fee of $150 includes her spay, microchip all vaccinations, flea, tick and heartworm prevention up to date!
With a face like hers, she won't be single long! Please visit www.fluffanimalrescue.org to learn more about our available dogs, or to fill out a brief online application to meet this sweet and beautiful girl!


text:
Open Source Project Imixs-Workflow 4.0 released!Submitted by Rianne Schestowitz on Friday 11th of November 2016 08:10:11 PM Filed under
Imixs-Workflow is an Open Source Workflow Engine for Human-Centric BPM. Human-centric business process management supports human skills and activities by a task orientated workflow-engine.
The new release includes a number of improvements concerning performance and stability. Version 4.0. is now based on Java 8 and can be run with any Java EE 7 application server. In addition to a long list of improvements, the Lucene search engine technology is now fully integrated into the Imixs-Workflow engine. Thus, the open source framework provides much more flexibility in data access and allows a faster integration into existing business solutions.
Leftovers: OSSSubmitted by Roy Schestowitz on Friday 11th of November 2016 01:31:03 PM Filed under
GitLab, Consumer Driven Contracts, Helm and Kubernetes
This article will focus on building a workflow driven by Continuous Integration and Continuous Delivery for deploying the services on Kubernetes.
We'll develop and deliver an Application with two different services that communicate with each other. One service is internal and the other will be accessible from the outside world via Traefik. We'll want to develop, deploy and evolve each service independently of the rest.
How OpenStack Uses Nodepool
OpenStack is an open-source cloud platform at its core, but it's also much more. In order to build OpenStack itself, the OpenStack Foundation has needed to build out all kinds of infrastructure management tooling, including an effort known as nodepool.
Survey Shows Spark Spreading Out, Heading to the Cloud
New survey data from nearly 7,000 respondents in the Big Data space are in, conducted by The Taneja Group for Cloudera, which focuses on Hadoop/Spark-based data-centric tools. The new "Apache Spark Market Survey" shows that Spark is set to break from the Hadoop ecosystem and function more and more as an independent data processing tool. It may move from on-premises installations to the cloud in many instances.
Leftovers: OSS and SharingSubmitted by Roy Schestowitz on Thursday 10th of November 2016 03:12:05 PM Filed under
Linux Foundation provides insights into the open cloud
The OpenStack platform: What businesses need to know
The Linux Foundation Creates Open Controller for Software-Defined Storage
Apple is doubling down on open source [Ed: Mac Asay is openwashing Apple again]
Can America's two-party system evolve to crowdocracy?
Since I've studied civics and governments, I've never thought a two-party system of elected officials in our executive and legislative branches was the best form of democracy. It worked for a time, but now it's time for change. In the United States, our representative democracy has become polarized and plagued with raising money for re-elections instead of focusing on the issues—issues that are largely influenced by lobbyist and corporate interests.
Who is leading Open Data in Europe? Walking the Open Data talk
Capgemini Consulting's Wendy Carrara, project manager for the European Data Portal, discusses the UK's open data readiness, including ways it could learn from its neighbours and even improve on its open data policy
Open data – that is, publicly available data that's free for all to use – is set to have a monumental impact on societies in the next five years. Whether it's information regarding public transportation, citypolicy or city infrastructures, open data enables public sector bodies, business and citizens alike to make more informed decisions about the things that really matter. While it may sound like a popular buzzword from years gone by, governments across the globe are now developing policies that encourage the release of open government data. However, having policy in place is a far cry from actually getting it done.
Linux and FOSS EventsSubmitted by Roy Schestowitz on Thursday 10th of November 2016 03:11:04 PM Filed under
NetBSD machines at Open Source Conference 2016 Tokyo/Fall
My First International FOSS Event: FUDCon Cambodia
It was a privilege to be a speaker at FUDCon, Cambodia 2016. This being my first international FOSS event was ever more exciting. Right from the day I received the invitation from Sirko, I felt extremely privileged. On reaching the place I found that the event was much bigger than what I had expected it to be. There was a bar camp being organised by the university with over 5000 participants. Simply speaking it was a grand and huge occasion.
Endace Sponsors Open Source Suricata Conference
Endace, a world leader in high-speed network monitoring and recording technology, is a sponsor of Suricon, which kicks off on Wednesday November 9th at the Hamilton Crowne Plaza in Washington D.C. Suricon, which draws attendees from around the world (including Suricata project contributors, developers and users), is the annual conference for the community behind the popular open-source intrusion detection (IDS) application, Suricata.
Message parsing and community building: All Things Open 2016
Last week I visited All Things Open, one of the largest open source conferences of the US East Coast. The venue was the monumental building of the Raleigh Convention Center, just two blocks from Red Hat's headquarters. I was presenting syslog-ng in the Operations track of the conference, but luckily I had a chance to stay for the full two days of the event.
There were over 2400 visitors at the conference, so registration and check-in already started the day before. Those who leveraged this opportunity could not just avoid the crowd next morning, but also receive a nice t-shirt together with the conference badge:
5 open source dashboard tools for visualizing dataSubmitted by Rianne Schestowitz on Thursday 10th of November 2016 10:43:49 AM Filed under
Fortunately, there are a number of great open source dashboard tools out there that make the job much easier. On one end of the spectrum are open source business intelligence tools, like BIRT or Pentaho. But for a smaller project, tools like these could be overkill, and in some cases, you might be able to find a dashboard tool that is already designed to work with the kind of data you are dealing with.
Here's a look at a few open source dashboard tools that you might consider.
Leftovers: OSS and SharingSubmitted by Roy Schestowitz on Thursday 10th of November 2016 01:56:31 AM Filed under
Another Old Intel Motherboard Gets Picked Up By Coreboot
If you still are running Intel i945 era hardware, you may be happy to know another motherboard from this time is now supported by mainline Coreboot.
The newest motherboard supported by Coreboot is the Gigabyte GA-945GCM-S2L. This micro-ATX i945 motherboard from the Core 2 Extreme / Core 2 Duo days has DDR2-667 support, Intel GMA 950 graphics, SATA 2.0, Gigabit LAN, and Intel HD Audio.
Learn The Future of Node.js From Industry and Community Experts at Node.js Interactive
Two Regenstrief innovators win AMIA's Lindberg Award for open source EHR work in developing countries
Burke Mamlin, MD, and Paul Biondich, MD, of the Regenstrief Institute and Indiana University School of Medicine, will receive the 2016 Donald A.B. Lindberg Award for Innovation in Informatics from the American Medical Informatics Association for their work on open source software.
AMIA's Lindberg award recognizes individuals for technological, research, or educational contribution that advances biomedical informatics.
Mamlin, an internist, and Biondich, a pediatrician, are pioneers in the development, testing, and use of open source software to support the delivery of healthcare in developing countries.
Why keep Open States going?
After the closure of Sunlight Labs, the Open States project is heading in a new direction.
"500,000 data scientists needed in European open research data"
There is an alarming shortage of data experts both globally and in the European Union. This is partly based on an archaic reward and funding system for science and innovation, sustaining the article culture and preventing effective data publishing and re-use. A lack of core intermediary expertise has created a chasm between e-infrastructure providers and scientific domain specialists.
GStreamer and Synchronisation Made Easy
A lesser known, but particularly powerful feature of GStreamer is our ability to play media synchronised across devices with fairly good accuracy.
The way things stand right now, though, achieving this requires some amount of fiddling and a reasonably thorough knowledge of how GStreamer's synchronisation mechanisms work. While we have had some excellent talks about these at previous GStreamer conferences, getting things to work is still a fair amount of effort for someone not well-versed with GStreamer.
4 open source initiatives that need your helpSubmitted by Rianne Schestowitz on Wednesday 9th of November 2016 09:42:38 PM Filed under
What makes open source projects special isn't the software or even the licensing, it's the pooling of talents and the spirit of free giving around these projects.
But not all open source initiatives become the object of corporate sponsorship or widespread devotion. And some that get such support don't always keep it.
Google unveils 'Code-in 2016' open source mentor organizationsSubmitted by Rianne Schestowitz on Wednesday 9th of November 2016 09:41:01 PM Filed under
Open source software and ideology is critical to the future of technology. As more and more people demand transparency in the programs and applications they use, companies will have to take notice.
To keep the open source movement going, it must be handed down to incoming developers. In other words, the children are our future, and education is key. Google's "Code-In" contest is a great program that invites teen students to directly contribute to quality open source projects. Now, the search giant finally announces the projects that will be participating as "mentors".
GUEST BLOG: Open source needs to deliver diversitySubmitted by Rianne Schestowitz on Wednesday 9th of November 2016 09:39:29 PM Filed under
Tech's gender gap is no secret. It has been widely discussed for a decade, yet little progress has been made. In the five years between 2010 and 2015, the percentage of women in tech jobs in the UK increased from 17% to just 18%. This figure is underwhelming to say the least, but there is one critical area of technology where the gender gap is even wider.
Analysis conducted last year by the co-founder of freelance software developer network Toptal found that just 5.4% of GitHub users with over 10 contributions from their sample were female. This indicates that open source software development teams are even less diverse than typical corporate software development teams.
Open source FIWARE platform creates new IoT business opportunitiesSubmitted by Rianne Schestowitz on Wednesday 9th of November 2016 10:01:03 AM Filed under
The European-funded IoT open source platform FIWARE has matured significantly in the past two years according to developers, and is now being used in industrial production cases, pilot smart city, and utilities projects. Two projects using the FIWARE platform include a city water quality pilot and an early warning system to identify and prevent pest risks to agricultural crops.
To further support industry uptake, FIWARE has recently formalized a foundation to lead community efforts. The Foundation is expected to see a new wave of community participation in the open source platform, which already has significant links with other open source projects. For example, FIWARE's testbed environment—FIWARE Labs—uses a multi-region cloud environment built on OpenStack.
More in Tux Machines
- Highlights
- Front Page
- Latest Headlines
- Archive
- Recent comments
- All-Time Popular Stories
- Hot Topics
- New Members
Linux Foundation and Linux
openSUSE Tumbleweed Users Get Git 2.11, Xfce 4.12.3, FFmpeg 3.2.1 & Mesa 13.0.2
openSUSE's Douglas DeMaio reports on the latest Open Source and GNU/Linux technologies that landed in the repositories of the openSUSE Tumbleweed rolling operating system.
What Is A VPN Connection? Why To Use VPN?
We all have heard about VPN sometime. Most of us normal users of internet use it. To bypass the region based restrictions of services like Netflix or Youtube ( Yes, youtube has geo- restrictions too). In fact, VPN is actually mostly used for this purpose only.
The Libreboot C201 from Minifree is really really really ridiculously open source
Open source laptops – ones not running any commercial software whatsoever – have been the holy grail for free software fans for years. Now, with the introduction of libreboot, a truly open source boot firmware, the dream is close to fruition. The $730 laptop is a bog standard piece of hardware but it contains only open source software. The OS, Debian, is completely open source and to avoid closed software the company has added an Atheros Wi-Fi dongle with open source drivers rather than use the built-in Wi-Fi chip.


text:
Show Up!
Playing Cowboys and Indian
Hillbilly rockers roll through fashion, cars and music
By Samantha Anne Carrillo
Two-thirds of Cowboys and Indian talk pomade (or lack thereof), redux, car culture and recording aspirations.
Music to Your Ears
Top TEN
By Samantha Anne Carrillo
Read all about three diverse shows happening this week in Burque and Santa Fe.
Lloyd Thrap Photography
Song Roulette
Eva Blaylock's Random Tracks
By Samantha Anne Carrillo
Burqueña bassist Eva Blaylock shares five random tracks and fills us in on Elvis tribute trio Jumpsuit's debut.
Sonic ReducerBob Mould Silver Age · The Hi-Lo Tones "The Hi-Lo Tones" · The Raveonettes Observator
By Captain America
This week, Captain America listened to Bob Mould, The Hi-Lo Tones and The Raveonettes.
Flyer on the Wall
Low Life's Blue Period
This week's Flyer on the Wall is both literally and figuratively blue and announces the last Thursday night Low Life at Blackbird Buvette.
EVENT HORIZON (Saturday, Dec 10)
Wearing Nothing but a Christmas Stocking
Yule Logs and Jingle Balls • Holly Rebelle • Mena Domina • burlesque
By Devin D. O'Leary
Gilded Cage Burlesk and Varieté is definitely getting on Santa's Naughty list with Yule Logs and Jingle Balls: A Very Risqué, Very Glittery, Very Burlesque Ode to the Holidays. Burlesque dancers, sideshow performers, drag acts and more join forces to celebrate this most sparkly of holidays in grand style…
NEWSLETTERS Great Alibi stories, events and deals delivered to your inbox each week. No fooling!
Today's Events
Gene Corbin • Americana at Molly's Bar
Kieth Sanchez and the Moon Thieves • variety at Monte Vista Fire StationMore Recommended Events ››
home | feature | news | film | music | art | food | classifieds | personals | staff | lo-fi | search
© 1996-2016 Weekly Alibi email@example.com
View mobile version


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
September 9, 1998
ALEXIS M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff,
DAVIS ACOUSTICAL CORP.; DAVIS SPECIALTIES CORP.; BURTON FISHER; HENRY ASHLINE; and TYLER CONSTRUCTION CORP.; Defendants.
This action arises from a Consent Judgment and Order issued by this Court on July 16, 1979 enjoining the Defendants from violating the overtime pay and record-keeping provisions set forth in the Fair Labor Standards Act of 1938 ("FLSA"). See 29 U.S.C. §§ 207, 211(c) and 215(a)(2), (5). Subsequent to that Order, the Department of Labor's ("DOL") investigations revealed that the Defendants were violating the provisions of the Court's Order. Thereafter, the DOL initiated civil contempt proceedings. On May 22, 1989, the Court issued an Order finding the Defendants in contempt of the Court's previous Order and ordered further proceedings to determine the amount of compensatory fines, interest, and attorney's fees. For reasons not relevant to this decision, this matter lay dormant until August 16, 1995 when the Court appointed Richard J. Bartlett, Esq., as a special master, to make proposed findings of fact and conclusions of law as to: (1) whether there was a pattern or practice of violations of the FLSA as alleged in the petition for contempt; (2) whether all the workers alleged to be employees were "employees" within the meaning of the FLSA; (3) what amount of back wages was owed to the employees for FLSA violations during the relevant period of civil contempt; (4) whether back wages should include prejudgment interest; and (5) whether the Plaintiff should be awarded costs and attorney's fees.
The Special Master's Findings
The special master held 30 days of hearings on these issues which included considering live testimony from 37 witnesses, deposition testimony from another 25 witnesses, and voluminous documentary evidence. Special Master Bartlett issued his proposed findings on November 25, 1997. His report found: (1) that the evidence established that the Defendants' conduct constituted a pattern and practice of conduct violative of the FLSA and the Court's previous Order; (2) that Defendants' workers classified as "independent contractors" during the relevant period, were actually "employees" within the meaning of the FLSA; (3) that the Defendants should be assessed a fine of $ 1,318,648.93; (4) that the Defendants should also pay prejudgment interest based on the adjusted prime rate pursuant to 26 U.S.C. § 6621(c); (6) that Defendant Burton Fisher should be held jointly and severally liable with the other Defendants; and (6) that the Plaintiff should be awarded reasonable costs, but not attorney's fees.
The Defendants' Objections
Defendants have filed timely objections to the report of the special master. They contend: (1) that the special master erred by finding a pattern and practice of FLSA violations; (2) that the special master erred in finding that 285 workers of the Defendants were "employees" rather than "independent contractors"; (3) that the special master erred by admitting exhibits 1 and 1A into evidence; (4) that the special master erred by awarding damages to 105 unidentified individuals; and (5) that the special master erred by awarding prejudgment interest for the entire period because significant delays were attributable to the Plaintiff.
Plaintiff's Objections
Additionally, Plaintiff has filed objections to the special master's report. Plaintiff contends; (1) that the special master erred in computing the prejudgment interest by not applying daily compounding; (2) that the special master erred by not awarding the Plaintiff attorney's fees; and (3) that the special master exceeded his authority by ordering the submission of payment schedules.
The Court will accept the findings and conclusions of the special master unless the objecting parties demonstrate that they are clearly erroneous or contrary to law. See Fed R. Civ. P. 53(e)(2). A factual finding is clearly erroneous where although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. See United States v. United States Gypsum Co., 333 U.S. 364, 395, 92 L. Ed. 746, 68 S. Ct. 525 (1948). The Court will evaluate each of the parties' objections pursuant to this standard of review.
In his report, Special Master Bartlett found that the Plaintiff proved by a preponderance of the evidence that 956 of the Defendants' employees performed overtime work for which they were not properly compensated under the FLSA. In making this finding, the special master relied on the testimony of 40 witnesses, as well as documentary evidence of 365 separate instances of conduct which he concluded demonstrated a pattern and practice by the Defendants of consistently failing to pay overtime compensation and intentionally concealing their actions.
Defendants argue that the special master made several legal errors in making his findings. Defendants argue first that the special master erred, as a matter of law, by relying on representative evidence to infer uniform conduct with respect to a variety of positions at different job sites. Defendants cite to testimony in the record where witnesses identify certain job sites at which they did properly receive overtime compensation. Notwithstanding the Defendants' attempt to couch their objections in the form of "legal" objections, the Defendants are actually objecting to the factual findings of the special master, and not to mistakes of law. As such, the Court will review the special master's findings for clear error.
The special master found that the Defendants consistently failed to pay their employees; that this "practice" was common knowledge among the employees, regardless of their position or job site; and that the Defendants used no fewer than nine different schemes to cover up their noncompliance with their overtime compensation obligations. The report of the special master meticulously sets forth the testimonial and documentary source of each of these findings.
As to Defendants' argument that the special master erred in relying on a representative sample of employee testimony and records that was too small given the size of the entire employee population,
the Court finds that this argument lacks merit. The special master cited to documentary and testimonial evidence which established overtime violations for 365 employees.
Thus, even assuming the population size is 4,700 and not 956 (the number of employees actually at issue in this case), the magistrate was still utilizing a 7.8% sample size which is not contrary to the law cited by the Defendants. See Reich v. Southern Md. Hospital, 43 F.3d 949, 951 (4th Cir. 1995) (1.6%). Accordingly, the Court finds that the special master's sample size was sufficiently robust to satisfy existing legal precedent. Based on this record, the Court can find no clear error in the special master's conclusion that there existed a pattern and practice of overtime violations by the Defendants.
Defendants object to Special Master Bartlett's finding that of the 956 individuals involved, those deemed to be "subcontractors" by the Defendants were nevertheless "employees" as defined by the FLSA, and were thus entitled to back pay for overtime. Defendants contend that the evidence before the special master was insufficient to support this finding.
As stated, this Court reviews the special master's findings of fact for clear error. In evaluating the master's findings due regard must be given to the ability of the master to assess the credibility of the witnesses, see 9A Charles Allen Wright & Arthur R. Miller, Federal Practice and Procedure § 2614 (2d ed. 1994) (citing Bennerson v. Joseph, 583 F.2d 633 (3d Cir. 1978)), and a master's factual findings should stand absent clear error even if the Court thinks they are against the preponderance of the evidence. See id. (citing cases). In the present case, the Court finds that the special master, in using the "economic reality" test, used the correct legal standard to determine whether the individuals in question were employees under the FLSA. See Brock v. Superior Care, Inc., 840 F.2d 1054, 1058-59 (2d Cir. 1988). In making his findings, the special master considered testimony: (1) indicating a high degree of control by the Defendants' supervisors over the individuals in question; (2) indicating that the individuals in question had little opportunity for profit and loss based on the nature of their pay agreements with the Defendants; (3) indicating that the individuals in question had no personal investment in the construction projects in question; (4) indicating that the individuals in question did not exhibit any business-like or entrepreneurial skills associated with being an independent contractor; (5) indicating that the individuals in question had long standing work relationships with the Defendants working consecutively at difference construction projects in different parts of the country; (6) indicating that the individuals in question in many cases worked side by side with paid "employees" performing identical type of work that was integral to the Defendants business; and (7) indicating that the Defendants' view of the "independent contractor" status was illusory based on their arbitrary assignment of "subcontractor" status to different employees in different situations. See Brock, 840 F.2d at 1059-61. Clearly, there is ample evidence in the record indicating that the individuals in question were "employees" rather than subcontractors under the economic reality test. Accordingly, the Court can find no clear error with the master's factual findings in this regard.
During the hearing in this matter, the special master admitted Plaintiff's exhibit 1 and 1A into evidence. Exhibit 1 purports to be a summary of the Plaintiff's expert's calculations based on the contents of exhibit 1A. Exhibit 1A purports to be a summary of Defendants' payroll records. Defendants argue that the special master made an error of law by allowing the admission of these two exhibits into evidence and by relying on them in making his factual findings. Admission of summary evidence lies with in the discretion of the trial court. See U.S. v. Koskerides, 877 F.2d 1129, 1134 (2d Cir. 1989) (citing U.S. v. Pinto, 850 F.2d 927, 935 (2d Cir. 1988)). Accordingly, the Court will not overrule the special master's admission of the evidence absent abuse of discretion. See Minnesota Min. and Mfg. Co. v. Johnson & Johnson Orthopaedics, Inc., 1991 U.S. Dist. LEXIS 11451, No. Civ. 4-86-359, 1991 WL 441901, at *3 (D. Minn. Apr. 30, 1991).
A. Exhibit 1
Defendants contend that the special master erred in admitting exhibit 1 as an aid to the court because it is based on the speculative assumptions and conclusions of the Plaintiff's expert witness, and it is based on impermissible hearsay. However, the Defendants concede that the special master only admitted Exhibit 1 as an aid. It is axiomatic that summaries that are used as aids are not evidence themselves, but are tools designed to assist the trier of fact in understanding complex testimony. See 6 Jack B. Weinstein & Margaret A. Berger, Weinstein's Federal Evidence, § 1006.08[4] (Joseph M. McLaughlin, ed., Matthew Bender 2d ed. 1997). Given the substantial legal experience of the trier of fact in this case there is no danger that Master Bartlett would be confused or mislead by the admission of exhibit 1A as an aid. Accordingly, the Court finds no abuse of discretion.
B. Exhibit 1A
The Defendants object to the admission of exhibit 1A arguing that: (1) exhibit 1A should not have been admitted as independent evidence because the underlying documents it was based on were not introduced into evidence; (2) exhibit 1A should not have been admitted as a Rule 1006 summary of the Defendants' records because it was replete with errors; and (3) exhibit 1A should not have been admitted because the necessary foundation testimony was not laid.
Defendants' first contention that a Rule 1006 summary may not be admitted into evidence without admitting the summarized documents lacks merit. All Rule 1006 requires is that the original or duplicate documents upon which the summary is based are independently admissible, and are made available to the other parties for examination or copying. See Fed. R. Evid. 1006. The rule does not require that the originals be admitted into evidence, but only indicates that the court may in its discretion order that the documents be produced in court. See id. Accordingly, it was not an error to admit exhibit 1A absent admission of the underlying documents it summarized. See U.S. for Use and Benefit of Evergreen Pipeline Const. Co., Inc. v. Merritt Meridian Const. Corp., 95 F.3d 153, 163 (2d Cir. 1996).
Defendants second two objections to the admission of exhibit 1A are based on foundation. Proper foundation for summary evidence requires that summary charts fairly represent and summarize the evidence on which they are based. See Koskerides, 877 F.2d at 1134 (citing U.S. v. O'Connor, 237 F.2d 466, 475 (2d Cir. 1956)). Plaintiff's expert created the summary at issue from the various payroll records, check registers, disbursement journals, purchase journals, time cards, expense receipts, W-2's, 1099's, and general ledgers provided by the Defendants for the 956 employees of the Defendants for the period at issue. Plaintiff's exhibit 1A purports to be a summary of the information contained in these records that is relevant to determining the amount of back wages owed to those employees. The special master heard extensive testimony on the method and manner in which the Plaintiff's expert compiled and presented the summary of the Defendants' payroll records which would become Plaintiff's exhibit 1A. The special master also heard testimony from Plaintiff's witness that the error rate on Plaintiff's exhibit 1A was probably less than 1%. The Defendant's cross-examined these witnesses extensively on this topic and also presented testimony of their own expert, William Jennings, who identified several specific mathematical errors and errors of omission in exhibit 1A. Mr. Jennings also opined that the error rate in exhibit 1A was probably around 50%. While the special master did allow the admission of exhibit 1A into evidence, he did so while specifically taking into consideration the errors identified by the Defendants. Based on this factual record, the Court can find no abuse of discretion in the admission of exhibit 1A into evidence.
In his report, the special master found the Defendants liable for violating the provisions of the FLSA as to 105 unidentified employees classified as independent contractors on two of the Defendants' construction projects in Virginia Beach, Virginia. Defendants object to this finding arguing that the evidence was insufficient to make such a finding. The Court finds, however, that the special master made fair and reasonable inferences concerning the number, length of employment, and pay rate for those unidentified employees and can find no clear error in his factual findings.
Defendants' final objection is to the failure of the special master to toll the accrual of prejudgment interest based on the delays in the litigation caused by the Plaintiff. Defendants contend that there have been inordinate and unreasonable delays in this case which were not caused by the Defendants. Defendants argue that it would be inequitable to charge them prejudgment interest on their liability during those periods of delay.
While it is true that a court may deny pre-judgment interest where it finds dilatory conduct or wrongdoing on the part of a plaintiff, see Saulpaugh v. Monroe Community Hosp., 4 F.3d 134, 145 (2d Cir. 1993); Int'l Ass'n of Machinists and Aerospace v. United Aircraft Corp., 534 F.2d 422, 447 (2d Cir. 1975), pre-judgment interest generally should be included in any back pay award under the FLSA. See Donovan v. Sovereign Security Ltd., 726 F.2d 55, 57 (2d Cir. 1984). As Special Master Bartlett found in his report, prejudgment interest serves the goal of making whole the employees who have been deprived of rightful wages, and it also serves to divest the errant employer of the competitive advantage it gained over law-abiding businesses by not properly paying its employers. See id. Even though the DOL may have been lethargic in prosecution of this action, the goal of making the employees whole is not served by reducing the interest. Accordingly, and in light of the further finding that the Defendants' conduct was intentional and deceptive, the Court finds no clear error in failing to toll the award of prejudgment interest.
Plaintiff objects to the special master's use of the simple interest formula in calculating the interest in this case and argues that the interest should be compounded daily. The Court finds, as did the special master, that there is no statutory or common law precedent for compounding interest daily on awards for back wages in FLSA cases. On the contrary, virtually all the relevant precedent is either silent on the method of computation, which generally indicates simple interest, or explicitly specifies a simple interest formula. See Brennan v. Western Union Tel. Co., 561 F.2d 477, 481 (3d Cir. 1977); Hodgson v. American Can Co., 440 F.2d 916, 922 (8th Cir. 1971); Reich v. Cole Enterprises, Inc., 901 F. Supp. 255, 260 (S.D. Ohio 1993); Secretary of Labor v. Tony and Susan Alamo Found., 783 F. Supp. 405, 411 (W.D. Ark. 1991); McLaughlin v. Stineco, Inc., 697 F. Supp. 436, 452 (M.D. Fla. 1988); Marshall v. Johnson, 436 F. Supp. 35, 1977 WL 1773, at *3 (D.N.D. Aug 19, 1977)); Usery v. Johnson, 436 F. Supp. 35, 44 (D.N.D. 1977); Brennan v. Sterling Seal Co. Inc., 363 F. Supp. 1230, 1234 (Aug. 8, 1973). Accordingly, The Court finds that the special master did not err by directing interest to be computed per annum rather than compounded daily.
In his report, the special master awarded the Secretary costs but not attorney's fees. The special master found no precedent for allowing the Secretary attorney's fees. The Plaintiff objects to this finding.
The FLSA provides no statutory mechanism for the recovery of attorney's fees in an action brought pursuant to 29 U.S.C. § 217. Further, by explicitly providing for the recovery of attorney's fees in action brought by individual employees under 29 U.S.C. § 216, Congress has demonstrated that it probably did not intend for the recovery of fees by the Secretary in § 217 actions. In her objections, the Plaintiff cites several cases where district courts have granted attorney's fees to the government in such actions. See, e.g., Reich v. Shiloh True Light Church of Christ, 895 F. Supp. 799, 819-20 (W.D.N.C. 1995). However, the cases cited by the Secretary identify no authority nor provide any analysis for their award of attorney's fees. Furthermore, the vast majority of cases do not mention attorney's fees when granting relief under § 217 of the FLSA. In light of the lack of a statutory basis or clear precedent, the Court finds that the special master did not err by refusing to grant the Plaintiff attorney's fees.
In his report, the special master directed the parties to file proposed payment schedules with the court in order to manage the financial burden on the Plaintiff. The Plaintiff argues that the Special Master exceeded his authority, as set forth in his appointment Order, by so directing.
The Court finds that arranging for a payment schedule for back wage damages awards is a common practice in these types of FLSA actions. See, e.g., Reich v. New Mt. Pleasant Bakery, Inc., 1993 U.S. Dist. LEXIS 12937, *26, 89- CV-581, 1993 WL 372270, at *6 (N.D.N.Y. Sept. 13, 1993). Furthermore, this Court did direct the special master to "do all acts and take all measures necessary or proper for the efficient performance of his duties under the order." See Reich v. Davis Acoustical Corp., 79-CV-53, at 6 (N.D.N.Y. Aug. 16, 1995). As such, the Court finds that the Plaintiff's final objection lacks merit and that the special master did not exceed his authority in ordering the submission of payment schedules.
Having reviewed the proposed findings of fact and conclusions of law, the parties' objections and arguments, and the applicable law, it is hereby
ORDERED that Defendants' motion for substitution of counsel is GRANTED; and it is further
ORDERED that the proposed Findings of Fact and Conclusions of Law filed by Special Master Richard J. Bartlett in this action on December 3, 1997, and the relief set forth therein, is ACCEPTED in its entirety; and it is further
ORDERED that Defendants pay a total fine in the amount of $ 1,318,648.93, which is comprised of $ 1,063,559.54 in back wages to identified employees and $ 225,089.93 in back wages to unidentified employees, plus pre-judgment interest, calculated as simple interest at the adjusted prime rate.
Date: September 9, 1998
Syracuse, New York
Frederick J. Scullin, Jr.
United States District Judge
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us