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June 3, 2011
FRANK J. BRUNO, PLAINTIFF,v.AT&T MOBILITY LLC, DEFENDANT.
At the request of the parties, the Court convened a status conference on May 20, 2011, after issuing its original Memorandum Opinion and related Order, (Docket Nos. 46, 47), granting Defendant's Motion for Summary Judgment, (Docket No. 36), and Order entering judgment in favor of Defendant. (Docket No. 48). During the status conference, Defendant, through counsel, requested clarification of the Court's original Memorandum Opinion. Specifically, Defendant sought clarification of the sentence on the final page of the opinion that read: "Consequently, under these circumstances, the Court is constrained to hold, based on the evidence before it, that Plaintiff is entitled to severance payments from Defendant." (See Docket No. 46 at 21).
The Court construed this request as a motion for clarification, and issued an order expressly stating its intent with respect to the opinion and clarifying the meaning of the questioned sentence. For the purposes of the record, the Court issues this Amended Memorandum Opinion and related Orders. The only changes made to the body of the opinion are the inclusion of this Preface section and the substitution of the following sentence for that contained in the original opinion: "Consequently, under these circumstances, the Court is constrained to hold, based on the evidence before it, that Plaintiff is not entitled to severance payments from Defendant." See infra at 21-22 (emphasis added).
Plaintiff Frank J. Bruno ("Plaintiff") brought this action against Defendant AT&T Mobility LLC ("Defendant") to recover severance pay under the terms of Defendant's Severance Pay Plan. (See Docket No. 4). Presently pending before the Court is Defendant's Motion for Summary Judgment. (Docket No. 36). For the reasons outlined herein, that Motion is GRANTED.
Unless otherwise specified, the facts of record are uncontested. Viewed in the light most favorable to Plaintiff, they are as follows.
A.Plaintiff's Employment and Termination
Plaintiff was employed by Defendant or its predecessors from November 11, 1996 until his termination on July 7, 2008. (Docket Nos. 37-3 at 6, 12, 37-6). During his employment, Plaintiff initially began as an Audio Quality Engineer, but later became an RF Engineer I when his former position was eliminated companywide in 2004. (Id. at 6). This transition proved difficult for Plaintiff. (See Id. at 9). Indeed, as early as May 2005, and continuing through May 2008, Plaintiff acknowledges that performance-related issues were brought to his attention in the form of annual performance reviews, as well as performance improvement plans and written warnings. (See Docket Nos. 37-3 at 12, 37-7, 37-8, 37-9, 37-10, 37-11, 37-12, 37-13). Additionally, as late as 2007, Plaintiff admits that his performance was below the standard set by the other RF Engineers in his group.*fn1
In advance of his termination, Matthew Thomas, who was Plaintiff's direct supervisor, and Allison Menster, Defendant's Employee Relations Manager, exchanged a series of emails and voicemails relating to Plaintiff. (See Docket No. 37-5). The dialogue began when, on July 2, 2008, Ms. Menster received an automated message that Mr. Thomas had submitted a "terminate request" for Plaintiff that required her approval, (Id. at 7), and culminated five days later when, on July 7, 2008, Ms. Menster sent an email to Mr. Thomas, carbon copy to Scott Sorice*fn2 and Karen Mendolia,*fn3 with a subject line entitled "Frank Bruno termination," (Id. at 4).*fn4 In the latter email, Mr. Thomas was informed that he could "proceed with [the] termination meeting for [Plaintiff] . for his continued pattern of unacceptable job performance." (Id. at 4). The email also identified certain "key points" related to said meeting. (Id.). In particular, the email instructed Mr. Thomas to:
Review with [Plaintiff] the key points mentioned in the [performance improvement plan] he received, your last meeting with him, and the fact that you have not seen improvements in the areas discussed.
Advise [Plaintiff] that the company has made the decision to terminate his employment for continued pattern of unacceptable Job Performance.
Provide [Plaintiff] with the numbers to payroll . and benefit . hotlines for any issues related to either.
Submit the termination via Manager Self-Service. Terminate Date is day AFTER the termination meeting. Select "DIS -- Performance" for reason code. Select "Not eligible for rehire." (Id. at 4-5). The email did not indicate that Plaintiff's termination was based on or part of a reduction in Defendant's work force. (See Id.).
Subsequently, Plaintiff was called to Mr. Thomas' office for a meeting with Mr. Thomas, who had been joined by Mr. Sorice. (Docket No. 37-3 at 12). At this time, Plaintiff was told that his employment with Defendant had been terminated. (Id.). Plaintiff was then escorted to his desk to gather his belongings before he was eventually led out of the building by Mr. Thomas. (Id. at 12-13). During the course of these proceedings, no documents*fn5 were provided to Plaintiff and there was no discussion about any type of workforce reduction. (Id.). Likewise, Plaintiff was not asked to sign a waiver and release in exchange for severance benefits. (Id. at 14). At the time of his termination, Plaintiff was earning approximately $54,000 per year. (Docket No. 4 at 3).
Within Defendant's management structure, various levels of approval were needed in order to effectuate Plaintiff's termination. (See Docket No. 37-4 at 20). As identified in Defendant's "Termination Document" pertaining to Plaintiff, in addition to Mr. Thomas, Mr. Sorice, and Ms. Menster, Defendant's Regional Executive Director Chris Bondurant and attorney Bettina Wing-Che Yip were also involved in the decision to involuntarily terminate Plaintiff's employment on July 7, 2008.*fn6 (See Docket Nos. 37-4 at 20, 37-6 at 4). The Termination Document lists the reason for Plaintiff's termination as "Performance Improvement Plan," (Docket Nos. 37-4 at 20, 37-6 at 2), and describes various performance issues that were perceived during Plaintiff's employment for Defendant, (Docket No. 37-6 at 2-4). It does not contain a reference to any type of force reduction process. (Id.). Indeed, to this end, Mr. Sorice states, regarding his involvement in the decision-making process, that Plaintiff's "termination was not the result of any type of workforce reduction" and that "[t]he sole reason that [Plaintiff] was terminated was due to his continued pattern of unacceptable job performance."*fn7 (Docket No. 37-19 at 2). Similarly, Mr. Thomas testified that, in the course of his employment as a manager in Defendant's RF Engineering department, he has never been involved in any type of reduction in force. (Docket No. 37-4 at 20).
B.Severance Pay Plan
The AT&T Inc. ("AT&T") Severance Pay Plan ("the Plan") "is an employee welfare benefit plan which provides for . the payment of Severance Allowances out of general assets of the Participating Company to eligible employees who are selected for involuntary termination as a direct result of force surplus, technological, operational, organizational and/or structural changes affecting the Company." (Docket No. 37-2 at 4). Defendant is a "Participating Company" under the Plan. (Id. at 17).
According to its terms, the Plan was "established effective January 1, 1994, and revised July 1, 2007 and is applicable to any Eligible Employee who receives a written Surplus Notification Letter provided after that date." (Id. at 4). Eligibility for severance pay benefits under the Plan is governed by Article 1.3, which provides, in relevant part, as follows:
An individual is an "Eligible Employee" and is eligible for benefits under this Plan, if the individual:
A. is a non-bargained employee of a Participating Company.. An individual is a non-bargained employee of a Participating Company if the individual is not employed in a position that is represented by a union, paid on the U.S. dollar payroll of a Participating Company, and receives a regular and stated compensation, other than a pension or retainer, from a Participating Company for services rendered,
B. is an active employee (including employees who are on a short-term disability or on leave of absence with guaranteed reinstatement),
C. is a regular full-time or part-time (one who works 20 hours or more per week) employee,
D. is selected for involuntary termination by the Participating Company as a direct result of force surplus, technological, operational, organizational and/or structural changes affecting the Company or a Participating Company or special eligibility for certain of such eligible employees to receive retiree life insurance and health benefits,
E. has received a written Surplus Notification Letter ("SNL") in accordance with the Management Surplus Guidelines, and
F. has properly executed a Participating Company-approved General Release and Waiver of all rights and claims relating to the employee's employment and termination, and delivered it to the designated Participating Company representative within a specified period from the date the employee initially received the General Release and Waiver from the Participating Company. The period the individual will have to review and consider the General Release and Waiver and the title/address of the designated Participating Company representative will be included in the terms of the document.
An individual is notan Eligible Employee and is not eligible for benefits under this Plan (even if such employee has received a SNL) if:
I. the employee is terminated because of performance related problems (however, an employee who is terminated pursuant to a formal company force reduction selection process in which performance is either one of the factors considered or the sole factor considered, nevertheless shall be an eligible employee for purposes of this Plan)..
(Id. at 4-5) (emphasis in original). Article 1.3 later provides that "[e]ligibility is determined as of the date of termination, with the exception of completion of the General Release and Waiver, which may occur after termination," (Id. at 5), and stipulates that, "[i]n all cases, in order to be eligible to participate in this Plan, the reason for the employee's termination from employment with the Company or Participating Company must be coded as severed pursuant to this Plan within the Participating Company's payroll and personnel records," (Id. at 6). Finally, "notwithstanding anything to the contrary," pursuant to Article 1.3, "the Plan Administrator shall have the final and binding discretion to determine eligibility in all cases."*fn8 (Id.).
Article 2 of the Plan contains instructions on how to submit written claims under the Plan, as well as how to file an appeal for further review. (Id. at 9-11). For instance, according to Article 2.2, "[a]ny individual having a claim for benefits . under this Plan, or any person duly authorized by such an individual, may file a claim in writing.The written claim should be filed within ninety (90) days of the date of the . occurrence of . facts giving rise to the claim." (Id. at 9-10). Article 2.3 then provides that "[a]ny person whose claim is denied under [Article 2.2]*fn9 may file an appeal for further review within sixty (60) days of denial by the Claim Administrator."*fn10 (Id. at 10). Thereafter, once the claims and appeals process described in Articles 2.2 and 2.3*fn11 have been exhausted, Article 2.5 indicates that a lawsuit may be filed under Federal law to recover any benefits a claimant believes he or she is entitled to under the Plan. (Id.). Notably, as stated in Article 2.5, "[t]he claim and appeal process is generally considered to be ‗exhausted' either when [the claimant has] received a final denial of an appeal for benefits, or when the Plan Administrator has gone beyond the time limits specified [in Articles 2.2 and 2.3] without making a decision on [claimant's] claim." (Id. at 11).
C.Plaintiff's Claim for Severance Pay
Plaintiff initiated a claim for severance pay under the Plan by letter dated August 27, 2008.*fn12 (Docket No. 37-14 at 2). In his claim, Plaintiff alleged that he was entitled to severance under the terms of the Plan because:
[A]lthough [Defendant] claims "performance related problems", this was a factor, whole or in part, that was connected to a formal work force reduction. This formal work force reduction was documented to the employees by global e-mail distribution, and was verbally communicated to me by my supervisor as the reason, in part, for my termination. The fact that my position has not been backfilled to date, further justifies this claim. (Id.). Conforming to the Plan's "Schedule of Severance Allowance," as an employee with eleven years of service, Plaintiff requested a payout of 55% of his 2008 salary, or approximately $29,700.*fn13 (See Docket Nos. 37-2 at 7, 37-14 at 2).
Although Plaintiff acknowledges that, on the day he was terminated, there was no indication that he was being fired in connection with a reduction in Defendant's work force, Plaintiff maintains that there were prior communications-both written and verbal-that referenced both a force reduction and the potential for his termination in connection with same. (See Docket No. 37-3 at 13, 56-57).
For example, on April 18, 2008, Plaintiff received an email, with a subject line entitled "Streamlining Operations," which was sent to all of Defendant's non-bargained employees.*fn14
(See Docket Nos. 37-3 at 14, 17, 37-4 at 12, 37-15 at 2). As stated in the email:
This morning we announced workforce reductions that are part of the next step in streamlining our operations-particularly in non-customer-facing positions. This enables us to operate more efficiently as one AT&T after bringing together several companies in recent years.
It's expected that approximately 1.5 percent of our 310,000 employees will be affected.
We will be following our customary procedures to notify affected employees. (Id.). Both parties agree that Plaintiff's position at the time of his termination was "non-customer-facing." (Docket Nos. 42 at 14, 45 at 4). Nevertheless, according to Defendant's RAN Director, this announcement related to AT&T's efforts to streamline its operations and had no impact on the RF Engineering department, of which Plaintiff was an employee.*fn15 (Docket No. 37-19 at 2). Instead, Mr. Sorice states that "the workforce reduction targeted areas that were showing no growth or even a decline, such as the Company's traditional landline and long-distance divisions, as well as a few other functional areas that experienced some overlap as different companies and divisions merged together."*fn16 (Id. at 3). Plaintiff disputes this contention.*fn17 (See Docket No. 42 at 10-11). Specifically, relying on the deposition testimony of Mr. Thomas, Plaintiff contends that his termination was part of a reduction in force connected to
AT&T's acquisition of Dobson Communications in 2008, whose former employees were then integrated into the company, including the engineering group where Plaintiff previously worked. (See Docket No. 37-4 at 18-19).
In addition, at his deposition, Plaintiff testified that he had several oral and email conversations with his supervisor, Mr. Thomas, regarding his performance, wherein the topic of force reductions was also discussed.*fn18 (See Docket No. 37-3 at 10-13, 16-17, 19). In this regard, Plaintiff stated "there was, definitely, discussion about the company's downsizing, and without question, there was conversation, specifically, about it relating to me as far as how I need to get my performance up because those are the people they are going to target first." (Id. at 11). Despite these conversations, however, Plaintiff admits that no concrete details about the downsizing were ever discussed with him and further admits that he never received any type of written document which indicated that he had been selected for a workforce reduction. (Docket Nos. 37-3 at 12, 14, 42 at 6).
As to Plaintiff's claim that his position had not been backfilled as of August 27, 2008, Defendant notes that Mr. Thomas testified that John Shelley applied, interviewed, and was selected to fill the RF Engineer I position left vacant after Plaintiff's termination. (Docket No. 37-4 at 19, 21-22). Plaintiff, however, quarrels with this conclusion. (Docket No. 42 at 7-8, 13). Rather, Plaintiff refers to a separate portion of Mr. Thomas's deposition transcript, wherein he recognizes that Mr. Shelley became an employee of AT&T-as did all of Dobson Communications' employees-as a result of AT&T acquiring Dobson Communications subsequent to Plaintiff's termination. (See Docket No. 37-4 at 19). Moreover, according to Mr. Thomas, Mr. Shelley reports out of Defendant's Youngstown, Ohio office, not the Pittsburgh office where Plaintiff worked at the time of his termination. (Id. at 22-23). Indeed, Plaintiff claims that, since July 2008, the number of employees working out of the Pittsburgh office has decreased from seven to four. (Id. at 18). Ultimately, it is undisputed that Mr. Shelley was hired as an RF Engineer I on October 20, 2008.*fn19 (Docket No. 37-17 at 2).
When Plaintiff received no response to his written claim for severance
pay, he sent a follow-up letter dated January 16, 2009.*fn20
(Docket No. 37-14 at 3). As stated in the letter:
A claim for severance for [Plaintiff] was forwarded to this address certified mail, and was received by your office on September 2, 2008. Please be advised that you have failed to act on a request for severance benefits within 120 days of the request as outlined in the severance pay plan summary plan description document, section 2.2. I am making a final request for you to provide a response in writing by Friday, 1-30-2009 as to the eligibility of my severance claim, and please forward any current relevant documentation on the AT&T severance plan. (Id.) (emphasis in original). Thereafter, having still received no response from the Claim Administrator, Plaintiff submitted an appeal to the Plan Administrator on February 19, 2009, pursuant to Article 2.3 of the Plan.*fn21 (Id. at 4). In his appeal, Plaintiff wrote:
[Article] 2.3 of your severance policy states that a person who is denied benefits under [Article 2.2] may file an appeal within 60 days of the denial of the claim administrator. Since the claim administrator has refused to respond to several requests for benefits within the specified time, I am assuming the claim is in denied status, and am forwarding an appeal to you as per the appeals policy in the document. Again, I am also requesting current plan documentation in the event that the document procedures I have are not the most current available. As per the appeals policy, your office has 60 days to conduct a full and fair review of the claim, or 120 days, in the event of special circumstances that would require an extension of time to process. (Id.). No decision on Plaintiff's claim was ever issued by either the Claim or Plan Administrator.*fn22 (Docket No. 37-3 at 18-19).
Plaintiff commenced the current action by filing a Complaint in the Court of Common
Pleas of Allegheny County on December 21, 2009, at docket number GD-09-23670. (Docket Nos. 1-2, 4). A Notice of Removal to the Western District of Pennsylvania was filed on March 25, 2010. (Docket No. 1). Subsequently, Defendant filed its Answer with Affirmative Defenses on April 1, 2010. (Docket No. 5). Discovery in this matter closed on October 12, 2010. (Docket Nos. 32, 33). Defendant then filed a Motion for Summary Judgment, along with a supporting brief, on November 29, 2010. (Docket Nos. 36, 38). In turn, Plaintiff filed his response to Defendant's motion on January 5, 2011, (Docket No. 41), to which Defendant filed its reply on January 12, 2011, (Docket No. 44). As the briefing has concluded, Defendant's motion is ripe for disposition.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a).*fn23 Pursuant to Rule 56, the Court must enter summary judgment against the party "who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A motion for summary judgment will only be denied when there is a genuine issue of material fact, i.e., if the evidence is such that a reasonable jury could return a verdict for the non-moving party. McGreevy v. Stroup, 413 F.3d 359, 363 (3d Cir. 2005). The mere existence of some disputed facts is insufficient to defeat a motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). As to materiality, "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Id. at 248.
In determining whether the dispute is genuine, the Court's function is not to weigh the evidence, to determine the truth of the matter, or to evaluate credibility. Rather, the Court is only to determine whether the evidence of record is such that a reasonable jury could return a verdict for the non-moving party. McGreevy, 413 F.3d at 363; see also Simpson v. Kay Jewelers, 142 F.3d 639, 643 n.3 (3d Cir. 1998) (quoting Fuentes v. Perskie, 32 F.3d 759, 762 n.1 (3d Cir. 1994)). In evaluating the evidence, the Court must interpret the facts in the light most favorable to the non-moving party, and draw all reasonable inferences in its favor. Watson v. Abington Twp., 478 F.3d 144, 147 (3d Cir. 2007).
In the present case, Plaintiff contends that Defendant violated the terms of the Plan when it failed to award him severance payments either at the time of his termination or in response to his written requests made thereafter. (See Docket No. 4).
A.Existence of an ERISA Plan
Initially, the Court notes that this case was removed from the state court of common pleas pursuant to 28 U.S.C. § 1441(b), and rightfully so. (See Docket No. 1). Plaintiff's Complaint seeks to enforce a claim arising under the Employee Retirement Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. (See Docket No. 4). ERISA is a comprehensive federal statute enacted "in the interests of employees and their beneficiaries" to afford minimum standards to employee benefit plans, "assuring the equitable character of such plans and their financial soundness." Page v. Bancroft Neurohealth, Inc., 575 F. Supp. 2d 664, 670-71 (2008) (citing 29 U.S.C. § 1001(a)). It provides for the uniform federal regulation of employee benefit plans and promotes administrative efficiency through the exclusive federal regulation of such plans.*fn24 Keystone Chapter, Associated Builders & Contractors, Inc. v. Foley, 37 F.3d 945, 954 (3d Cir. 1994). "ERISA subjects employee benefit plans to participation, funding, and vesting requirements, and to uniform standards on matters like reporting, disclosure, and fiduciary responsibility." Id. (citing Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 90-91 (1983)).
Under ERISA, an "employee welfare benefit plan" is defined as:
[A]ny plan, fund, or program . established or maintained by an employer . for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, . medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death, or unemployment.. 29 U.S.C. § 1002(1). This definition includes plans that provide employees with severance benefits upon the termination of employment. See Id.; Massachusetts v. Morash, 490 U.S. 107, 116 (1989). Specifically, severance benefits implicate ERISA if they require the establishment of an ongoing and separate administrative scheme to provide benefits. Linden, 2004 U.S. Dist. LEXIS 8598, at *8 (citing Fort Halifax Packing Co. v. Coyne, 482 U.S. 1, 11-12 (1987); Fetterolf v. Harcourt Gen., Inc., Civ. No. 2001 U.S. Dist. LEXIS 21006, at * (E.D. Pa. Dec. 18, 2001)).
Here, the Plan contains a "set of standard procedures to guide processing of claims and disbursement of benefits." Fort Halifax, 482 U.S. at 9. The Plan enumerates a formula for the calculation of benefits. (See Docket No. 37-2 at 7); see Linden, 2004 U.S. Dist. LEXIS 8598, at *8. The Plan also describes the conditions under which employees are eligible for severance benefits, provides different arrangements for the distribution of such benefits, and contains a detailed claims procedure. (See Docket No. 37-2 at 4-11); see Linden, 2004 U.S. Dist. LEXIS 8598, at *8-9. Lastly, the Plan document itself states that it "constitutes the Plan Text and the Summary Plan Description" and "shall be governed and interpreted in accordance with ERISA." (Docket No. 37-2 at 4, 12); see Gursky v. Gen. Elec. Gov't Servs., Civ. No. 90-3016, 1990 U.S. Dist. LEXIS 8798, at *6-7 (E.D. Pa. July 12, 1990) (finding that an employer's layoff benefits plan was an ERISA plan because it required administrative guidance and the plan stated that it was subject to ERISA). As the Plan is an ERISA plan, Plaintiff's claim for severance benefits brought under § 502(a)(1)(B) of ERISA, which has been codified at 29 U.S.C. § 1132(a)(1)(B),*fn25 will be construed as such.
B.ERISA Standard of Review
Having determined that ERISA applies to this action, the Court's first task in evaluating Plaintiff's claim is to determine the applicable standard of review under ERISA. Baker v. Hartford Life Ins. Co., Civ. No. 08-6382, 2010 U.S. Dist. LEXIS 52724, at *24 (D.N.J. May 28, 2010). As recognized by the United States Court of Appeals for the Third Circuit, ERISA itself does not establish the standard of review for an action brought under 29 U.S.C. § 1132(a)(1)(B). Mitchell v. Eastman Kodak Co., 113 F.3d 433, 437 (3d Cir. 1997). In Firestone Tire & Rubber Co. v. Bruch, the Supreme Court held that "a denial of benefits challenged under § 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan." 489 U.S. 101, 115 (1989). If, on the other hand, the plan does provide the administrator with discretionary authority, the standard of review is more deferential and the court applies an abuse of discretion standard.*fn26 See Howley v. Mellon Fin. Corp., 625 F.3d 788, 792 (3d Cir. 2010) (citing Firestone, 489 U.S. at 115). This deferential standard applies not only to decisions concerning interpretation of the plan itself, but also to the administrator's fact-based determinations. See Luby v. Teamsters Health, Welfare, & Pension Trust Funds, 944 F.2d 1176, 1187 (3d Cir. 1991). Significantly, however, "[t]he deferential standard of review of a plan interpretation ‗is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trustee has in fact interpreted the instrument.'" Gritzer v. CBS, Inc., 275 F.3d 291, 296 (3d Cir. 2002) (quoting Moench v. Robertson, 62 F.3d 553, 567 (3d Cir. 1995) (emphasis in quotation)).
After reviewing the undisputed facts and interpreting all inferences in favor of Plaintiff, it is clear that a de novo standard should be applied. Although the Plan states that "the Plan Administrator shall have the final and binding discretion to determine eligibility in all cases," (Docket No. 37-2 at 6), the record is clear that the Plan Administrator did not actually exercise any grant of discretion in this case. (See Docket No. 37-3 at 18-19); see also Gritzer, 275 F.3d at 296 (citing Moench, 62 F.3d at 568 (holding that a de novo standard is appropriate when the decision-maker did not actually exercise its discretion)).Thus, a de novo review is required.
C.Benefit Eligibility
Within this standard, Defendant argues that it is entitled to summary judgment as to Plaintiff's claim for severance pay because Plaintiff fails to satisfy the requirements necessary to be considered an Eligible Employee under the Plan. (Docket No. 38).
In conducting a de novo review, the Court is "‗bound by the provisions of the documents establishing an employee benefit plan without deferring to either party's interpretation.'" Martin v. Masco Indus. Employees' Benefit Plan, 747 F. Supp. 1150, 1153 (W.D. Pa. 1990) (quoting Brown v. Ampco-Pittsburgh Corp., 876 F.2d 546, 550 (6th Cir. 1989)); see also Luby, 944 F.2d at 1180 ("Drawing from trust law principles, the Court in Firestone noted that the terms of the plan are construed without deferring to either party's interpretation.") (citing Firestone, 489 U.S. at 112). "In other words, the instant dispute is to be approached just as any other question of contract interpretation-this [C]court seeks to enforce the parties' intent." Martin, 747 F. Supp. at 1153. To that end, "[a] principle of contract interpretation is that the best evidence of the intent of the parties is the plain language in the written agreement." Kriner v. GTE Products Corp., Civ. No. 89-907, 1990 U.S. Dist. LEXIS 18557, at *9-10 (M.D. Pa. July 10, 1990) (citing Brokers Title Co. v. St. Paul Fire & Marine Ins. Co., 610 F.2d 1174, 1181 (3d Cir. 1979)). Therefore, the task before this Court is to determine whether the terms at issue are ambiguous, and if they are not, to give effect to their meaning. Martin, 747 F. Supp. at 1153 (citing Kroblin Refrigerated Xpress, Inc. v. Pitterich, 805 F.2d 96, 101 (3d Cir. 1986); Burnham v. Guardian Life Ins. Co., 873 F.2d 486, 489 (1st Cir. 1989) (stating that "straightforward language in an ERISA-regulated [plan] should be given its natural meaning")).
Whether terms in an ERISA plan are ambiguous is a question of law. Bill Gray Enters. v. Gourley, 248 F.3d 206, 218 (3d Cir. 2001). A term is "ambiguous if it is subject to reasonable alternative interpretations." Taylor v. Cont'l Group Change in Control Severance Pay Plan, 933 F.2d 1227, 1232 (3d Cir. 1991); Mellon Bank, N.A. v. Aetna Bus. Credit Inc., 619 F.2d 1001, 1011 (3d Cir. 1980). To make this determination, the Court must first look to the plain language of the plan document. In re UNISYS Corp. Retiree Med. Benefit "ERISA" Litig., 58 F.3d 896, 902 (3d Cir. 1995) ("The written terms of the plan documents control..")). If that language is clear, the Court must not look to other evidence. In re Unisys Corp. Long-Term Disability Plan ERISA Litig., 97 F.3d 710, 715 (3d Cir. 1996) (quoting Mellon Bank, 619 F.2d at 1013 ("Our approach does not authorize a trial judge to demote the written word to a reduced status in contract interpretation. Although extrinsic evidence may be considered under proper circumstances, the parties remain bound by the appropriate objective definition of the words they use to express their intent..")). Alternatively, the Court may look to extrinsic evidence to resolve any ambiguities if the plain language leads to two reasonable interpretations. Gourley, 248 F.3d at 218. However, "it is inappropriate to consider such [extrinsic] evidence when no ambiguity exists." Epright v. Envtl. Res. Mgmt., 81 F.3d 335, 339 (3d Cir. 1996).
At the outset, the Court notes that the crux of the parties' disagreement centers on Article 1.3 of the Plan. This Court finds no ambiguity in said provision. To this end, the Court notes that the Plan states that an employee "is an ‗Eligible Employee' and is eligible for benefits under [the] Plan" if the employee "is a non-bargained employee., is an active employee., is a regular full-time or part-time . employee., is selected for involuntary termination . as a direct result of force surplus, technological, operational, organizational and/or structural changes., has received a written Surplus Notification Letter., and has properly executed a . General Release and Waiver of all rights and claims relating to the employee's employment and termination.." (Docket No. 37-2 at 4-5) (emphasis added). The Plan then narrows the eligibility criteria through a sequence of subsequent provisions that apply even to an employee who has received a Surplus Notification Letter. (Id. at 5). As such, the Plan states that such an employee is not an Eligible Employee if:
[T]he employee is terminated because of performance related problems (however, an employee who is terminated pursuant to a formal company force reduction selection process in which performance is either one of the factors considered or the sole factor considered, nevertheless shall be an eligible employee for purposes of this Plan).. (Id. at 5). In this Court's estimation, the term "Eligible Employee" is not ambiguous because the requisite conditions that give rise to this status are clearly defined by the Plan. (See Id. at 4-6). This being the case, the Court now turns its analysis to give effect to its meaning. Martin, 747 F. Supp. at 1153 (citing Pitterich, 805 F.2d at 101; Burnham, 873 F.2d at 489).
In this case, it is manifest that Plaintiff has not demonstrated that he qualifies as an Eligible Employee under the plain language of the Plan. Under ERISA, an employer is not required "to provide severance benefits or any other substantive entitlement to employer-provided welfare benefits," Linden, 2004 U.S. Dist. LEXIS 8598, at *11 (citing Inter-Modal Rail Employees Ass'n v. Atchison, Topeka & Santa Fe Ry., 520 U.S. 510, 515 (1997); Curtiss-Wright Corp. v. Schoonejongen, 514 U.S. 73, 78 (1995)), and "may require employees to sign releases in exchange for severance benefits," Blood v. Eastman Kodak Co., Civ. Nos. 08-6123, 09-129, 2009 U.S. Dist. LEXIS 70223, at *26 (D.N.J. Aug. 10, 2009) (citing Lockheed Corp. v. Spink, 517 U.S. 882, 894-95 (1996); Linden, 2004 U.S. Dist. LEXIS 8598, at *11). As reflected in Plaintiff's testimony, Plaintiff readily admits that he neither received a Surplus Notification Letter nor executed a General Release and Waiver of all rights and claims relating to his employment and termination. (See Docket Nos. 37-2 at 5, 37-3 at 14). Likewise, although the Plan allows for the completion of the General Release and Waiver after termination, the record contains no evidence that Plaintiff ever sought and secured such a release at any time. (See Docket No. 37-2 at 5). These facts alone preclude Plaintiff's recovery of "unpaid severance pay." (See Docket No. 4). Yet, there is more.
Indeed, as previously stated, Article 1.3 of the Plan stipulates that, "[i]n all cases, in order to be eligible to participate in this Plan, the reason for the employee's termination from employment with the . Participating Company must be coded as severed pursuant to this Plan within the Participating Company's payroll and personnel records." (Id. at 6) (emphasis added). Here, by contrast, Plaintiff's termination was "coded" by Defendant as "DIS -- Performance." (Docket No. 37-5 at 5). Thus, this Court concludes that-regardless of whether Plaintiff's termination was or was not in whole or in part the result of any type of workforce reduction- Plaintiff has not satisfied at least three of the requirements necessary to be considered an Eligible Employee under the plain language of the Plan. Consequently, under these circumstances, the Court is constrained to hold, based on the evidence before it, that Plaintiff is not entitled to severance payments from Defendant.
Based on the foregoing, Defendant's Motion for Summary Judgment, (Docket No. 36), is GRANTED. Summary Judgment is entered in favor of Defendant and Plaintiff's claims are dismissed, with prejudice. An appropriate Order follows.
Nora Barry Fischer United States District Judge
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text:
Polynesian Chicken Salad
|Sesame seed
|2 Teaspoon
|2 Cup (32 tbs)
|Chicken flavor ramen noodle soup mix
|3 Ounce
|Canned pineapple tidbits
|8 Ounce, drained, 2 tablespoons juice reserved
|White vinegar
|2 Tablespoon
|Reduced-sodium soy sauce
|2 Tablespoon
|1 Tablespoon
|Ground ginger
|1⁄2 Teaspoon
|Shredded cabbage
|3 Cup (48 tbs)
|Cut up cooked chicken
|1 Cup (16 tbs)
|Green onions
|8 Medium, sliced to make 1/2 cup
|Shredded carrot
|1⁄2 Cup (8 tbs)
1 Heat the oven to 350 degrees farenheit.In an ungreased shallow pan ,spread sesame seeds and bake for 8-10 minutes stirring occasionally until golden brown and aromatic. Set aside.
2 In a 2-quart saucepan boil water.Break ramen noodles before opening the packet.Remove the seasoning pouch from the packet and add ramen noodles to the boiling water.
3 Cook for 2-3 minutes stirring occasionally until noodles are tender.Drain and rinse in cold water to cool.
4 In a small bowl mix reserved pineapple juice,1/2 teaspoon seasoning from ramen seasoning pouch,vinegar,soy sauce,honey and ginger.Set aside.
5 In a large bowl mix noodles, pineapple, cabbage, chicken, onions and carrot. Stir in dressing and sesame seeds.
6 Serve immediately
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size: Complete recipe
Calories 1069 Calories from Fat 346
% Daily Value*
Total Fat 37 g57.4%
Saturated Fat 12.7 g63.7%
Trans Fat 0 g
Cholesterol 110.6 mg36.9%
Sodium 2832.7 mg118%
Total Carbohydrates 132 g43.9%
Dietary Fiber 16.7 g66.9%
Sugars 61.3 g
Protein 54 g108.1%
Vitamin A 337.7% Vitamin C 208.9%
Calcium 29.2% Iron 59.3%
*Based on a 2000 Calorie diet

subset: commoncrawl


text:
Is farting ruining your marriage!? Never fear! The "marriage blanket" will take the stink out of the conjugal bed! That's right, brides: there's a blanket that makes your gross husband's vile farts smell great!(It makes a great wedding gift!)
[Via Videogum]
» share:
» posted by Bmad on Friday, April 30th, 2010
1 comment | category: Funny, Unfortunate | permalink
!! OMG, How Mesmerizing: Bieber Meets Babby !!
I know this is the stupidest thing in the world… so why have I watched it five times already?
(Via NY Mag)
» share:
!! OMG, How Accurate: The Curb Your Enthusiasm porno !!
Hustler's Curb Your Enthusiasm porn parody actually looks kinda funny (I have to give the actress who portrays "Cheryl" props for verisimilitude!) but I have to wonder how far these can be taken. The day the Glee porno comes out is the day I throw my hands up in disgust. (By the way I never want to hear another word about Glee as long as I live, okay?)
» share:
» posted by Bmad on Wednesday, April 28th, 2010
2 comments | category: Filthy, Funny | permalink
!! OMG, How Accurate: Small children reenact The Hills !!
No surprise that these toddlers are just about as articulate as the real LC et al!
» share:
» posted by Bmad on Tuesday, April 27th, 2010
2 comments | category: Cute, Funny | permalink
!! OMG, How Clever: Ikea Heights !!
There's a reason I can hardly enjoy anything anymore. Whether it's books, teevee shows, movies or whatever, everything new seems to fall into two categories:
1) Things I wish I thought of and 2) things I did think of but didn't get around to executing.
Either way, annoyance with my own failure gets in the way of any kind of pleasure. It's a terrible way to live!
Ikea Heights falls into the first category, which hurts a little bit less. (Or does it hurt a little bit more? Ahh, I can't decide!) Either way, the show describes itself as a "melodrama shot entirely in the Burbank, California Ikea without the store knowing."
THIS IS GENIUS WHY DIDN'T I THINK OF IT? Episode One is above, the rest can be found here.
[Thanks for de Cosmos for the tip.]
» share:
» posted by Bmad on Wednesday, April 21st, 2010
2 comments | category: Funny, Revolutionary | permalink


text:
Predator V2 FPV Goggles with 25mW VTX Bundle Set (CE)
Price:$239.9536% Off Retail PriceAdd to Wish List
With over 10 years of excellence, Fat Shark is the leading brand in R/C FPV systems.
Part Number: FAS-HS-PREV2CE
Product Description
The Predator V2 delivers a rewarding FPV experience for everyone at an affordable price. We have included a CE compliant ImmersionRC 25mW 5.8 GHz A/V transmitter and a wide angle CMOS camera for simple fixed camera video piloting.
The Predator V2 addresses the needs of the first time FPV pilot by pre-wiring and testing the camera, transmitter and power supply adapter as a complete system giving you a true RTF out of the box and plug/play with your RC vehicle.
The Predator V2 CE is bundled with SpiroNET circular polarized antenna and uses NexwaveRF technology to deliver an amazing 500m video link (if mounted correctly) right out of the box.
- Predator VGA headset with integrated 5G8 receiver (no head tracking)
- Zipper Carry Case
- Lens Cleaning Cloth
- Fat Shark Stickers
- NTSC CMOS Camera with 2.5mm wide angle (100 degree FOV) Lens
- ImmersionRC 25mW 7ch 5G8 Transmitter
- Filtered balance lead TX Power Supply
- AV Cable (for connected to external AV devices viewing/recording)
- 2 X 5G8 2.54dBi SpiroNET circular polarized antenna (Transmitter and Headset)
- 1000mAh 7V4 Battery pack with RC discharge adapter (charged via standard RC chargers)
- User Manual
- 3.5mm 4p AV in/out port
- Power in port
- 3.5mm 3p Earphone port
- PS/2 DIN additional power port
Operating Frequency
- CH1: 5740 MHz CH2: 5760 MHz CH3: 5780 MHz CH4: 5800 Mhz CH5: 5820 MHz CH6: 5840 Mhz CH7: 5860 MHz
This item must be shipped via EMS EXPRESS service. Please choose this shipping method at check out process.
*The Predator V2 CE DOES NOT HAVE HEAD TRACKING.
*Fat Shark is not compatible with Chinese brand transmitters. Fat Shark can only guarantee compatibility with Fat Shark and ImmersionRC transmitters.
*The Predator V2 CE DOES NOT HAVE HEAD TRACKING.
*Fat Shark is not compatible with Chinese brand transmitters. Fat Shark can only guarantee compatibility with Fat Shark and ImmersionRC transmitters.


text:
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ColorPlus Brown Solid Trouser
Out of stock but not out of luck! Add it to your wishlist and we'll try to get it to you soon.
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Click and CollectBuy online, collect in-store
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Mail The Product Link
- Work a little edge in your casual styling with these brown solid trouser from ColorPlus. Made from cotton blend, these slim fit trousers are worth buying. Work it with a full sleeves casual shirt and black leather shoes for a sophisticated look.
- Fit - Slim fit
- Color - Brown
- Model fit - Model is 6'0"/185 cms and is wearing a 32 waist
- Wash Care - Do Not Bleach, Do Not Tumble Dry
- Fabric - Cotton
- Product Listing Id :MP000000000235060
- An order, once placed, can be cancelled until the seller processes it.
- This product can be returned within 0 day(s) of delivery, subject to the Return Policy.
- For any other queries, do reach out to CliQ Care at 1800 208 8282 or firstname.lastname@example.com


text:
The neon "Meat" sign with the flashing "M" above the smoker not-so-subtly suggests that you "eat" at Red Cow
The neon "Meat" sign with the flashing "M" above the smoker not-so-subtly suggests that you "eat" at Red Cow. The industrial-hip joint has wooden tables, red chairs and cartoons projected on a back wall. Meats include brisket, ribs, pulled rotisserie chicken and smoked turkey breast.
Owner Elliot Wolf grew up in Coral Gables in a family of specialty foods importers. After working at Houston's, he opened Coconuts and G&B Oyster Bar in Fort Lauderdale. Three months ago he opened the Red Cow with Texan-born chef Steve Shockey, who slow-cooks the meats in a Mesquite brand smoker over hickory and cherry wood.
Start with skillet cornbread, smoked fish dip or steamed and grilled artichoke halves. There's also a "jerk-cuterie" plate of jalapeño-Cheddar sausage, "pork-strami" made from brined and smoked shoulder, pimento cheese with toast, pickled okra and strips of beef, duck and pork jerky seasoned with brown sugar and bourbon upright in a mason jar.
Sandwiches include the Smoking Gun (12-hour smoked brisket with crispy onions), Gobbler Club (apple wood smoked turkey with bacon jam) and North Carolina-style pulled pork with slaw and a hush puppy.
Go whole hog and get American Wagyu beef ribs charred in sweet tomato-pomegranate sauce or dry-rubbed, beer-steamed pork spare ribs with bacon mashed potatoes.
For sides, pick from fried Brussels sprouts, deviled eggs, sweet potato grits and cauliflower mash.
Drink dessert in a tequila-spiked root beer float.
More Information
Red Cow
1025 N. Federal Hwy, Fort Lauderdale (in the Gateway Shoppes)
Hours: 11:30am-10pm Monday-Saturday, 9:30am-10pm Sunday
Prices: Starters $8 - $12, salads $11 - $13, sandwiches $10 - $12,
entrees $14 - $24
F.Y.I.: Full bar, 4-6pm weekday happy hour. Sunday brunch (9:30am-1:30pm) includes apple pie pancakes, pecan waffles and arepas with Cheddar and chorizo.
A Fork On The Road
- Smooshies candy store opens in Key Biscayne
- Comfort-food goodness oozes from the Daily Melt in Miami
- Edible art is enticing at Perez Art Museum Miami's Verde
- Zak the Baker's new bakery rises in Wynwood
- Freddo scoops out Argentine treats
- Little Bread serves Cuban sandwiches with a twist in Little Havana
- La Mancha's munchies are Portuguese and Brazilian in downtown Miami
- Cay Café's changing menu presents a stylish lunch option at DCOTA
- Midtown Oyster Bar brings more than oysters
- Get fresh pastas and other tastes of Italy at Limoncello Restaurant in Aventura


text:
Distances are calculated in a straight line and may not reflect actual travel distance.
It is important to note that this mortgage calculator is for guidance purposes only. Mortgage lenders have their own affordability criteria therefore it is important you speak to one of our Mortgage Advisers for further information and a more accurate indication of what products may be available to you and what your monthly mortgage payments are likely to be.
This property is part of our Chain Free Property promotion.
Situated on the West side of Colchester within close proximity to the A12 and Colchester's Town Centre is this three bedroom detached home. The ground floor accommodation comprises large living room/diner leading through to kitchen. Kitchen with a range of base and wall units and space for utilities.
First floor comprises three bedroom and family bathroom.
To the rear of the property is a fenced garden which is predominantly laid to lawn and access to garage. To the front of the property is a driveway leading to garage.
Contact branch for relevant Energy Performance Certificate
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text:
VIP Lounge Sponsor
Almost 4 years ago, we had an idea that the real estate industry had stagnated. Nothing had changed in decades, and no one was challenging the status quo. So we founded The Agency, with the belief that real estate could be conducted differently and better. Since that time we've helped our customers buy and sell a lot of homes. We've won awards. We've done over $4 billion in sales, secured the #1 spot in Los Angeles County for $20+ Million sales, and the #2 market position in both the $10+ and $5+ Million categories, but that's not what we care about. What matters at The Agency is never losing the driving idea that things can be done better. To that end, we have spent our time and money to be better, to innovate. We have invested in things that you don't see so that when you engage us we are ready. Ready to do things the others won't, so that you would never consider using another firm. We still aspire. It's that aspiration that drives us to do better, be better. We never stop, so that when you need us we are ready.


text:
SCF1476GDC 54" 14.1 cu. ft. Capacity Ice Cream Freezer with Factory Installed Lock Aluminum Interior Tempered Glass Sneezeguard 100% CFC Free:
Home > Appliances Connection > Appliances > Freezers > Chest Freezer
|SUMMIT39s deluxe dipping cabinets provide the ideal conditions for storing displaying and serving ice cream gelato and other frozen treats
$25 Off Appliances Connection Coupon Code - Use SAVE25 at checkout on select purchases for a limited time.
Only $1,899.00 at AppliancesConnection.com


text: Banks Video: Standard Chartered's Iran scandal Add to ... Reuters Published Tuesday, Aug. 07, 2012 7:08AM EDT Last updated Wednesday, Aug. 08, 2012 10:54AM EDT The British bank's Hong Kong shares plummet as much as 20 per cent on allegations the lender hid $250-billion (U.S.) worth of illegal Iran transactions. Watch More Video: ECB to scale back asset buys South Korea eyes economic risks as impeachment looms Brexit vote leaves food industry with nasty taste Trump comments slam drug stocks HSBC lions spark divisive LGBT debate in Hong Kong Qatari desert farmers make their own soil Trump says SoftBank to invest $50-billion in U.S. Apple Watch sales hit record Who has the best deals on high rate savings accounts? Monte Paschi rescue at risk after Renzi referendum Smartwatch sales struggle Pipeline denial murky for industry Hong Kong connects to China's booming tech sector Trump's Twitter outburst makes investors nervous Markets shrug off Renzi defeat Starbucks' CEO transition unlikely to disrupt growth US Army refuses North Dakota pipeline permit U.S. jobless rate hits nine-year low McDonald's near deal to sell China stores Tips for smart charitable giving Comments Share via email Share on facebook Share on twitter Share on LinkedIn Print More Related to this Story Tech Video: Ultra-luxury phones Mining Video: Romania's gold mining dilemma Autos Video: Nissan's rival London cab


text:
- on Miscellaneous Electronics
- Published in issue 7/2010 on page 50
Identifying Stepper Motors
(Summer Circuits 2010 article)
There are many different types of stepper motor. Because there is no documentation available for stepper motors that have been removed from old equipment you have to carry out some measurements to identify the different wires. We only need three things for this: an ohmmeter, an AC voltmeter and a transformer with an output voltage between 2 and 6 V.
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text:
You missed it This great deal for Ancient Earth Therapy is over. But don't despair, we've got more great deals every day.
Related Deals That You May Like
Ancient Earth Therapy
One-Hour Swedish and Deep-Tissue Massage ($38), Plus a Mind-Eraser Aromatherapy Treatment ($48)
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PAID VALUE EXPIRES ON December 7, 2021
PROMOTIONAL VALUE EXPIRES ON August 27, 2012


text:
thnk god 4 tacos!
Cyoot puppehs and funneh goggies: I Has a Hotdog has 'em all!
It's not just kittehs that love captions! ALL THE ANIMALS DO! Check out Animal Capshunz for MOAR!
Clik heer 2 add a funneh capshun!
Gif your butt (!) over to Animal Gifs for MOAR cyoot and funneh on loop!


text:
Anamu herb also known as Guinea hen weed
Crude extract from a plant known as Petiveria alliacea ( Anamu ) is used extensively as folk medicine in developing countries like Colombia, South America. Anamu herb is used in folk medicine in South America. In the Dominican Republic, anamu is added to a natural aphrodisiac drink called Mama Juana. As of 2008, we could not find any studies regarding the aphrodisiac properties of anamu herb.
Anamu, Petiveria alliacea L (Phytolaccaceae), is a perennial bush plant that grows widely in Brazil. The roots and leaves of anamu have been used in folk medicine for their antispasmodic, sedative, diuretic and antihelminthic actions.
Anti tumor activity of Anamu herb
Petiveria alliacea extracts uses multiple mechanisms to inhibit growth of human and mouse tumoral cells.
BMC Complement Altern Med. 2008 Nov 18;8:60. Urueńa C, Cifuentes C, Castańeda D, Arango A, Kaur P, Asea A, Fiorentino S. Grupo de Inmunobiología y Biología Celular, Facultad de Ciencias, Universidad Javeriana, Bogotá, Colombia.
There is ethnopharmacological evidence that Petiveria alliacea can have antitumor activity. Our results of this study indicate that Anamu exerts multiple biological activities in vitro consistent with cytotoxicity. Further studies in animal models are needed but Anamu appears to be a good candidate to be used as an antitumor agent.
Caution with the use of Anamu
Evaluation of the genotoxic effects of a folk medicine, Petiveria alliacea (Anamu).
Mutat Res. 1992 July. Hoyos LS, Au WW, Heo MY, Morris DL, Legator MS. University of Cauca, Department of Biology, Papayan, Colombia.
Although anamu plant is known to contain toxic ingredients potential adverse health effects from its use have not been adequately evaluated. We investigated its genotoxic activities by conducting a sister chromatid exchange (SCE) assay using cells in vitro and in vivo. Our data suggest, therefore, that anamu contains mutagenic and potentially carcinogenic agents although the medicine is not a potent mutagen. Individuals who consume large amounts of this drug may be at risk for development of health problems. Further studies with cells from exposed individuals and from experimental animals should be conducted to provide a better evaluation of health risk from the use of anamu herb.
Blood sugar lowering effect of
Anamu herb
Petiveria alleaceae L. ( anamú ). Study of the hypoglycemic effect.
Ciencias Medicas,1990 Oct-December. Lores RI, Cires Pujol M. Postgraduate Department, Instituto Superior de Med Interne. La Habana, Cuba.
The combined phytochemical and pharmaceutical study of Petiveria alleaceae L. ( anamu ) has shown the existence in the leaves and stems of the plant of a possible hypoglycemic active principle. Extracts from leaves and stem powder were found to produce a decrease of blood sugar concentration of more than 60% one hour after oral administration in male Balb/C mice weighing 20 g fasted for 48 hours.
Anti viral activity of Anamu herb
Antiviral activity of Petiveria alliacea against the bovine viral diarrhea virus.
Chemotherapy. 2002 July. Ruffa MJ, Perusina M, Alfonso V, Wagner ML, Suriano M, Vicente C, Campos R, Cavallaro L. Cátedra de Virología, Facultad de Farmacia y Bioquímica, Universidad de Buenos Aires, Buenos Aires, Argentina.
Five medicinal plants used in Argentina have been assayed to detect inhibition of viral growth. Antiviral activity of the infusions and methanolic extracts of Aristolochia macroura, Celtis spinosa, Plantago major, Schinus areira, Petiveria alliacea and four extracts obtained from the leaves and stems of the last plant were evaluated by the plaque assay. Bovine viral diarrhea virus is highly prevalent in the cattle population, there are no antiviral compounds available; additionally, it is a viral model of the hepatitis C virus. For these reasons and in view of the results obtained, the isolation and characterization of the antiviral components present in the Petiveria alliacea extracts is worth carrying out in the future.
Anamu composition
Anamu has a number of compounds including gamma-glutamyl dipeptides, dibenzyl trisulphide, S-benzyl phenylmethanethiosulfinate. Thiosulfinates, trisulfides and benzylsulfinic acid in anamu have antimicrobial activity.
Aphrodisiac herbs available over
the counter
These include maca, tongkat ali, butea superba, cnidium monnieris, tribulus terrestris extract, mucuna pruriens, horny goat weed, avena sativa, LJ100, muira puama, catuaba, ginger, cistanches, and yohimbe bark extract.
Aphrodisiacs natural home supplement herbal medications


text:
$5.19Buy an answer
ANT 101 Week 3 DQs
The archive file of ANT 101 Week 3 Discussion Questions consists of:
DQ 1: Describe the correlation between bride wealth and stability of marriage. How is your understanding of this relationship impacted by the status of women in pastoral societies?
Reflect on marriage in current North American societies. Is there pressure to stay with a spouse from members of our kinship groups? What factors contribute significantly to the stability of marriages in your culture? Use terminology from the text and ideas from your own life to support your answers.
DQ 2: As we have learned, an emic perspective is the insiders understanding / perception of why a culture may do as they do while etic is the perspective of the outsider.
Explain the impact forced and voluntary conversion to Christianity has had on the leadership structure and social control of chiefdoms using one of these two perspectives in which to make your argument. Include specific examples and terminology from Chapter Six to reinforce your point of view.
*** 101 **** 3 ***Attached: gX3JVw6WY9qQSjeR9LKflKBnN.zip


text:
Canteen Fall Staycation Sweepstakes 10/31/16 FB
Score +17
Thread Details
open only to legal residents of, and physically located within, any of the fifty (50) United States (including District of Columbia, but excluding New York, Florida and Rhode Island), who are at least eighteen (18) years of age or older as of entry
from 12:00am EST on October 1, 2016 through 11:59pm EST on October 31, 2016.
Limit one (1) initial entry per person per day.
B) Via Text Message ("SMS"):
Enter by texting the entry code word "Staycation" to the mobile number 59769 (the "Short Code").
Once an entry code word is received, participant will receive up to four (4) reply messages from
an automated system stating whether his/her entry was received. Standard message and data rates
may apply. Text STOP to 59769 to stop. Text HELP to 59769 to get help.
A maximum promotional total of nine (9) prizes will be given to nine randomly chosen individual
contest entries. One (1) grand prize will be a $2500 Visa gift card and eight (8) winners will each
receive a prize package containing an assortment of products from Monster and logo'd gear from
Canteen and Monster.
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text:
Axure RP Pro 126.96.36.19974 MAC OSX | 30.6MB
Supported OS: OS X 10.8 +
Developer: Axure Software Solutions, Inc.
Language: English
System requirements:
Intel, 64-bit processor
OS X 10.8 or later
Axure RP Pro - rapid prototyping for website applications-oriented framework for prototyping websites. The product is designed to reduce the costs of designing websites. This decision will help to quickly create a visual mode working prototype of the future site, then unload the prototype in html and view it through a browser. The quality is quite acceptable for further tasking designers and programmers as well as for understanding the customer's end result.
As a result of the generation of the prototype turns static website is widely used javascript. Quality documentation and training materials are available on the manufacturer's website. Axure RP Pro can be a very useful tool for the design of small but functionally rich projects and large projects at an early stage.
In addition:
Program features:
- Easy to use.
- Rapid application changes.
- Instant creation of functional prototypes.
- Create interactive prototypes with annotations.
- Customization.
- Version control.
- Creating an effective design.
- Experimenting with your design to achieve maximum results.
- Automation specification to avoid tedious documentation.
The main changes compared to the second version of the program:
Careful attention was paid to the interface. A huge number of hot keys for basic operations, adding a quick transition via a tab between the elements of a separate screen or between screens (ctrl + tab). Reduce the number of switching between the keyboard and the mouse to reduce the distance between controls within the common user scenarios.
Add a lot of actions that a user can perform in the generated prototypes and get feedback. Double click, long click, hover the mouse over the element, swipe, keystrokes. Events with the browser window: resizing, scrolling, right-click, and so on. All these and many other actions now to the services of designers.
The list can get impressive, but I promised to tell you just about the most interesting.
Actions with dynamic panels:
- It is possible to pull out the first state of dynamic panel to the Stage;
- With all the widgets you can now do things that previously could only do with the dynamic panel: hide, move, change z-index;
- In the event <<show>> for the widget, you can specify one of the types of behavior to emulate that used to take a lot of time: lightbox, popup menu, move to the top layer of the scene. And even now it is possible to make the appearance of a hidden widget everyone else shifted down by a distance equal to the size of this widget.
The generation of prototypes
Add a button >Preview>. Now you can watch the intermediate results in the browser without generating prototype. Moreover, the changes are applied instantly.
Added ability to hook any fonts, but it is more likely for UI, than for UX. But many will appreciate, yes!
In the generated prototype can highlight all clickable elements.
Now all the links in a browser, the line looks like human beings. You can give the customer a link to any page of the prototype, no longer zamorachivayas with a special button in the Site Tree.
Since now the prototypes are generated by the standard html5, it appeared appropriate styles: internal and external shadows for widgets (including text), the transparency level of any widget (including pictures) background for dynamic panels and so on.
properties widgets
Here almost everything was useful.
- Default values for text fields that disappear when you click on them;
- Types of text fields (email, telephone, url, etc.). This is in order to appear on mobile devices need a keyboard when you click on them;
- Automatic width and height of the text widgets. That we lacked from the beginning. Now no need to expose the width of the text widget to the eye with a small margin for different browsers;
- Actions in dynamic panel can now access objects outside this dynamic panel. So, now I can do without a drum so that when you click on the button in one of the states of dynamic panels, something happened in one of the states of the other dynamic panel on the same page (or in the wizard, if you like).
adaptive views
Yes, now you can do adaptive prototypes. For each adaptive species will need to draw a separate option and specify a width when the browser window, it will appear.
What's new in version:
- Unknown
- Much better memory management on Mac
- Fixed Team Project errors on Mac OS X 10.10
- Update Mac installer signing for Apple updates
- Fixed Sitemap disappearing on some actions
- Fixed generating Flow Diagram on Adaptive Views
- Fixed error importing Style for some Custom Widgets
- Importing appropriate Notes when when adding Custom Widgets
- Fixed problem when Widget Style Font controls start collapsed
- Fixed clicking Fit to Content Dynamic Panels with Unplaced Widget in Safari
- Fixed JS errors, 100% Wide, Trigger Mouse Interaction Styles for Dynamic Panels
- Fixed Repeater Unplacement in Masters across Adaptive Views
- Fixed Date comparisons in Repeater filtering
- Fixed underline for Repeaters and setting Text on blank Widgets
- Fixed undo Page Notes after editing multiple Pages
- Properly invalidating Footnotes on PC on Renumber All Footnotes
- Properly invalidating Dynamic Panels on Mac after Break Away State
Installation procedure:
Mount the image and drag the application icon in the Applications folder
Register data from a text file
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|This is a discussion on MTT turbo within the online poker forums, in the Tournament Poker section; How to manage MTT turbo tournament with 15,000+ entrants and the starting sack is 1000, freeze out (Neymar Jr. Freeroll)
|Similar Threads for: MTT turbo
|Last Post
|Thread Starter
|Questions about turbo MTT
|1st June 2015 8:43 PM
|Tournament Poker
|MTT strategy at turbo and hyper turbo tournaments
|14th May 2015 8:52 PM
|Tournament Poker
I played those tournaments,but you need to be lucky on the flip coin allins,because most of the players play tight on the early stage and then go allin on the middle stage. Today there were 18000 players and after 1h there were 13000 and then after few hands 3000 lol. So everyone goes allin,its 50% luck.
Lol - dont worry mate - this kind of a tournament is almost the same as those shootout allin tournaments pokerstars has for completing some of their promotions.
This is practically a push/fold poker - wont be a lot of postflop action, so basically wait for a good hand to push or call and thats it.
And yes, you need a lot of luck to win all those flips, etc.
Yes, the luck owns this kind of tournaments, note that you cant use regular strategies, in that case I try to win 1 or 2 flips at the beginning with good pairs or strong Aces so I'll have around 3000 chips and I can avoid the next flips and try to play post flop only limping (I just limp in that case because probably some donkey will shove on any street), but definitely those tournaments are not pure poker.
re: Poker & MTT turbo
Luck is going to play a huge roll in a tournament like this. Not that strategy and skill wont help at all, because they will, but luck is more of a factor when the blinds go up faster and the stacks are smaller. The faster the blinds and smaller the stack the more luck is involved, The larger the starting stacks and the smaller the blind levels start and longer the blind levels are, the more strategy and skill is involved. Thats just basic math, thats why the WSOP starts you with 30,000 chips and blinds start at 25/25, and are 2 hours long each level. There is plenty of skill to be utilized and plenty of action and hand play that is going to happen. Now back to this tournament, while luck is much more of a factor, that doesnt mean you cant pick your spots with some stategy and skill. First off, try to get in isolation as much as possible, make sure you make moves early to try to get a lot of chips because you arent going to have a chance later in the blind levels to do anything but race. So make moves early and stay in isolation as much as possible. Dont jump in a hand with 4 people all in if you only have something like a middle pair, even though it might win, your odds of winning are very slim with someone having over cards all over the place and suited connectors, stay out of hands that have more than 3 people to the flop. Other than that, once you get deeper into the tournament just try to get yourself in coinflip situations as much as possible. Play patiently and wait for a chance to get your chips in against a loose player or just in isolation, thats the best advice i can give you. Good luck.
re: Poker & MTT turbo
Basic - the first hour of the tournament to the first break
raise 200-400 (up to 20% of his bank) when the pair came to AA or KK
raise 100-200 (up to 10-15% of the bank) with QQ, JJ, AKs, AQs (s = suited - suited)
all in themselves do not go, but if forced, at the discretion and only with the cards listed abovе
Comes into play (call) if the cost rate is not more than 10% of the bank (up to 100-150 chips) cards: a pair of sevens and up, 2 cards from older straight (AKQJ 10), suited K9s, Q9s, J9s, 109s, 108s, 107s, A c 2,3,4,5
Comes into play (call) if the cost rate is not more than 5% from their bank (80 chips) cards: a pair of any, any two suited cards, stritovye ligament K9, Q9, J9, J8, 109,108, 98, 87, 76, 65, 45, 35, A c 2345.
The main stage - the second and third hour of the tournament.
At this stage, eliminated all who play without any strategy by the end of the third hour is usually about 200 people. Here, the blinds are big enough and you need to play more carefully. Comes into play with stronger cards than initially. If we have enough chips, then it is very bad and we go to the flop only to the following cards: AA, KK, QQ, AKs, AQs, AJs, A10s, AK, AQ. If the normal amount of chips, then try to gradually increase in the bank - no need to get involved in the adventure, you can even hide and spend the whole stage and it is too bad.
So the rules of the game at this point, if we have a normal bank
If you had to raise a couple of AA or KK
call with QQ, JJ, 10, 99, 2 cards from older straight (AKQJ 10)
call (if the bank is above average - that is, we were among the first 25% of the players on the list), 88, 77, suited K9s, Q9s, J9s, 109s, 108s, A c 2,3,4,5, stritovye ligament K9, Q9, J9, J8, 109,108, 98, 87
We reply to all in - if the price is not more than 25% of their bank cards AA, KK, QQ, AKs, AQs, AJs, A10s, AK, AQ
Flop - Play as well as at an early stage - if not strengthen, the stand / throw the cards have increased - Play, depending on the strength of our cards and price rates.
The final stage - the fourth and following hours of the tournament.
Play as the above steps.
About bluff in this tournament a lot of people, and always read the bluff fails - so it is better not to practice at all
|Similar Threads for: MTT turbo > Texas Hold'em Poker
|Last Post
|Thread Starter
|Questions about turbo MTT
|1st June 2015 8:43 PM
|Tournament Poker
|MTT strategy at turbo and hyper turbo tournaments
|14th May 2015 8:52 PM
|Tournament Poker


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Re-entry from vacation is always a little tricky. There's work to return to, at the same time you're trying to sort out all of the photos and memories and ideas from the trip. After last week's trip, I came back to a client project launch, Calagator's birthday, rapid-fire CrisisCampPDX planning, new photo equipment to play with—just to start.
We had about fifteen people come out for Calagator's 2nd birthday party at Bailey's on Friday night. Low-key, casual meetup, with brownies from Joe Cohen, lemon bars I made with the roadtrip lemons, plenty of beer, and food from the taqueria across the street. I'm sad that Igal, who has been instrumental in keeping Calagator going, was sick and couldn't be there with us.
On Saturday, about 60 people met up at NedSpace for the first-ever CrisisCampPDX, a quickly-organized branch of a project that's been bringing people together around the world to provide support for relief efforts in Haiti. This wasn't just the regular Portland tech scene at work—we had a wide range of participants, from developers, to GIS specialists, to French and Creole speakers, to people who helped with data entry and sorting. I was really impressed with the energy and focus everyone brought to this work day. I helped with a hospital data project using Sahana, a disaster-management system. We hit a few bumps as people tried to get up to speed on different projects, but on the whole I was really impressed with how much we were able to do, for such a distributed set of projects.
And now for something completely different.
I have a small but growing collection of cameras, which has now expanded to include some Polaroid equipment. The middle of winter in the Pacific Northwest is not the best time to be running around shooting ISO 100 film, but I did manage to get a few shots off last week with my new SX-70 Sonar camera. (This is not the only new camera from the last couple of weeks, but you'll have to wait to hear about the rest.)
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The internet has not only become a consistent aspect of our daily lives, but is swiftly becoming an integrated part of today's economy. The role that the internet plays in today's society is growing by the day and will soon be doing things such as driving our cars, and even may alter the way we experience watching TV.
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The changeover to online distribution models (for example, video streaming) seems to lead to the scaling down of the carbon footprint as opposed to traditional models.
However, some cases may counteract this decrease, as the transition may result in significantly higher levels of consumption – and therefore more electricity consumption, along with the pollution that is a result of electricity generation.
Unless major internet companies can find a different method that deflects the use of tradittional sources of electricity that produce pollution, the benefits of online streaming could lead to a total increase of our carbon footprint.
"If having the audacity to rely on grid power now puts a company at risk for public shaming, then the day is coming when every company's energy usage will be viewed through a moral filter – similar to how its labor practices and foreign investments are viewed today."
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Apple has remained the leading company in changing to renewable energy, even as the corporation rapidly develops. The three data expansions that was publicised recently are to be powered by renewable energy. Apple is also majorly influencing colocation suppliers in keeping up with making progress towards its complete renewable energy objective.
Colocation companies have remained in a lagging state and are really behind consumer data center operaters in finding renewable energy opportunities to power their actions. Equinix's commitment to 100% renewable energy and providing of renewably hosted facilities is an important step in the right direction.
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Amazon's implementation of a complete renewable energy target is lacking in standard transparency. It also does not seem to be steering Amazon's investment choices to renewable energy as opposed to coal, unlike the commitments of Facebook, Google and Apple.
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Saskatoon, Sask. – It was payback time for Laval Rouge et Or.
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Also competing in the three-day tournament are the Huskies and the Calgary Dinos. McMaster next plays the Dinos.


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We are grateful to S. Stevanovic and C. Henkel for MALDI measurements, J. Bernhagen for help in establishing the insulin receptor assays, and L. M. Yan for helpful discussions and preliminary studies on insulin fibrillization. This work was supported by the Deutsche Forschungsgemeinschaft (DFG).
Exploiting Cross-Amyloid Interactions To Inhibit Protein Aggregation but not Function: Nanomolar Affinity Inhibition of Insulin Aggregation by an IAPP Mimic†
Version of Record online: 8 AUG 2008
DOI: 10.1002/anie.200801499
Copyright © 2008 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim
Angewandte Chemie International Edition
Volume 47, Issue 37, pages 7114–7118, September 1, 2008
Additional Information
How to Cite
Velkova, A., Tatarek-Nossol, M., Andreetto, E. and Kapurniotu, A. (2008), Exploiting Cross-Amyloid Interactions To Inhibit Protein Aggregation but not Function: Nanomolar Affinity Inhibition of Insulin Aggregation by an IAPP Mimic. Angew. Chem. Int. Ed., 47: 7114–7118. doi: 10.1002/anie.200801499
- †
Publication History
- Issue online: 27 AUG 2008
- Version of Record online: 8 AUG 2008
- Manuscript Revised: 11 JUN 2008
- Manuscript Received: 30 MAR 2008
Funded by
- Deutsche Forschungsgemeinschaft
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text: Some American companies grapple with "global rebalancing" -- a concept that reduces the focus of doing business with U.S. consumers and increases it on consumers in countries that have huge trade surpluses, such as China and Germany. For instance, Briggs & Stratton wanted to go global, but has had difficulty selling mowers in China, because consumers there rarely use the equipment. However, the country plans to boost its agriculture sector, so B&S has remodeled its machines made in China to be used as rice planters and harvesters.


text:
neutral ground lyrics – jamie walters
i heard a shot last night, it woke me up from my sleep.
there's no such thing as friendly fire.
oh mama, don't turn on the lights,
oh papa, get away from the window,
you never know which way the angel's comin in.
and the water's gonna roll. roll up the dirty streets,
and the wind's gonna blow out the lights.
rock the world to sleep, i don't wanna be left behind,
and get caught between the lines drawn across this town
runnin' out of neutral ground.
somebody's waitin' for my brother,
to them he's just another number.
to me he never did no wrong,
my sister, don't be pulled in.
don't make the same mistake again,
there's just no way to even up this score.
i can't be no judge, i can't be no jury.
i don't even know what's right or wrong.
i stand between the walls,
these walls are bigger than life,
seems like they'll never get enough.


text:
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PFS54151 - Professional Products Elbow Adapter Small Block Ford V8 5.0 for Late EFI, Satin Finish
Availability: Special Order Item
Pricing: $56.95
This elbow adapter is used when installing a Professional Products 54020/54021 Intake Manifold system on a 1994 or 1995 Mustang. You will also need our EGR Supply Adapter #54152 and a Ford Racing strut tower brace #M-20201-A51 or Edelbrock strut tower brace #5225. Manifold will not clear stock strut tower brace.
- 54151
- 54151
- 665053541513
- Professional Products
- Special Order Item
- New
Shipping Information
- Item Requires Shipping
- 3.5 lbs.
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text:
See Details on eBay
Seller: ddwalstad (1,128) 100%,
Location: Clearlake Oaks, California,
Ships to: US & many other countries,
Item: 132011471222
Brass Corners Accents Hinges Trim for Chest Decorative Pieces. Assorted sizes
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Great seller with very good positive feedback and over 50 ratings.