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Darkness Of The Lightby Peter David
While the bloodsucking Piri fight the one-eyed Ocular, the
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On the Damned World, it's every man for himself. Only it's not just mankind who inhabits this crumbling, desolate world. Twelve very different species, creatures out of Earth's mythology that live on the land, in the sea, and underground, vie for survival in a hostile land.
While the bloodsucking Piri fight the one-eyed Ocular, the aquatic Merks exploit their cousins the Markene and the Sirene, and the Trulls fight among themselves as they, like the other races that unwillingly share the world after having been thrust there by a fate they don't understand, battle for survival.
But amid the chaos of the ravaged earth there are signs of hope for a brighter future. Jepp, a woman- a human woman- is about to be carried off by two pug-ugly Mandraques who think she'd make a cool battle prize. But Karsen Foux, one of a motley tribe of bottom-feeders, can't bear the thought of what would happen to her if she's captured, so he gathers his courage and saves her, much to his own surprise.
Jepp joins the tribe, to the delight of Karsen and the chagrin of Zerena, the tribe's leader. Leading a precarious existence and making bad deals with unscrupulous and powerful people, the bottom-feeders manage to survive, until they are forced to return a favor once done for them by Nagel, King of the Ocular. It seems simple enough. They must find and bring to him the legendary Orb of Light, fabled to be the key to the world's salvation. Jepp and Karsen are somehow sure that there is a better way, if only they can unite all the peoples of the world. But they can't even think about their own needs until they do what Nagel asked.
But as their quest for the Orb begins, none of its seekers realize that the fabled Orb, once known by a much more ominous name, could lead to the utter destruction of the only world they've got...
Editorial Reviews
Product Details
- 2940013824119
- Publisher:
- Crazy 8 Press
- Publication date:
- 12/07/2011
- Series:
- The Hidden Earth Chronicles , #1
- Sold by:
- Barnes & Noble
- Format:
- NOOK Book
- Sales rank:
- 1,274,952
- File size:
Meet the Author
PETER DAVID is the author of dozens of books, including New York Times bestselling Star Trek: The New Frontier series, as well as the Sir Apropos of Nothing and Knight Life series. A television writer for such shows as Babylon 5, Crusade, and Space Cases [which he co-created], David is also a headlining writer for both Marvel and DC Comics, most recently the Dark Tower series based on Stephen King's novel. He lives on Long Island.
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At first, I thought that the book was too 'busy' too many things, and species, going on. Once I got used to that, I became caught up in the story. I can't wait for the next book.
Edit (March 2012): Now that this novel is available as an ebook for a mere $3 and the second novel in the series is available and even better than the first, there is no doubt that anyone who enjoys sci-fi, fantasy, fast-paced plot, or interesting and believable characters should pick this one up right away. This series will reward you for the time you put into it. Let's start with the GOOD: First, the characters are excellent. Mr. David understands choices and consequences are what makes a story happen. If you've liked any of his other books (Star Trek, Knight Life, etc.) for their characters, you will grow to like this one. There's an excellent variety of personalities (as always). Second, the "Damned World" is very interesting. I felt like I'd read the first 30 pages of this book a hundred times before: various conflicted sci-fi/fantasy races with "dumb" names, the aftermath of a climactic battle and the confused survivors, seemingly pointless political intrigue... etc, etc. I could scarcely believe it was a Peter David book... until the plot really got going. Then the "dumb" names suddenly seemed quite clever, the confused survivors learned some really cool things, and the political intrigue was rooted in characters and situations I cared about. The basic idea behind this book (and series) rivals the coolness of the basic idea behind Bill Willingham's FABLES series, if that tells you anything. Third, the dialog is sharp and the observations sharper. Very few of the debates between the characters are obviously or pathetically one-sided. While the book's theme comes down decisively on one side of most arguments, the opposite side gets some good shots in. This book excels at calling characters on their BS lines of argument. (Add in a couple of laugh-out-loud hilarious moments, and this novel is just bitingly clever.) Finally, the last hundred pages are must-read stuff. While I didn't like the first hundred, the tension ramped and ramped until I could not put it down. There are at least two "didn't see them coming" plot twists and a couple of high-concept revelations that make this novel very interesting to this sci-fi and fantasy fan. Mr. David just keeps tightening the screws, and by the end, this book is seriously moving and interesting. Now, let's have the BAD: I actively disliked the beginning of this novel. There, I've said it. Mr. David is one of my two favorite authors, so it worried me that I felt the first 100 pages FELT so cliched and clunkily written. It turns out that it's NOT cliched once the book gets going, but the writing in the first hundred pages is weak, especially for such an accomplished author. Luckily, the book gets better, and the last 100 pages is break-neck, can't-put-it-down reading. It is worth noting that this is the first book in a longer series. If this were part of a DVD set, this book would maybe be the first disc. I felt about this story the same way I did about FIREFLY (by Joss Whedon) when I first watched it: indifference and a little boredom at first, then passing interest in a couple concepts or characters, then real excitement and concern for the characters and their fates. If you've ever liked a Peter David series like STAR TREK: NEW FRONTIER, INCREDIBLE HULK, SUPERGIRL (1996), or FALLEN ANGEL, you will enjoy this book. If you haven't liked any of those, give this book (or one of those) a try; you won't be sorry.
The twelve races make up the Banished and they are exiled from their homelands the Elserealms. They defeated the humans during the Third Wave confrontation. The Morts as mankind is disdainfully called were eradicated to the point of extinction. The Overseer and his troops The Travelers insure the Banished never return to Elserealms. With the Morts vanquished, the Banished alliance is shattered as each species fights one another for ultimate supremacy and within a species for control. Betrayal, treason, and strange bedfellows are the norm as today¿s ally is tonight¿s enemy. In this environs, Jepp the human joins Bottom Feeders stealing anything from the battlefield dead to sell on the thriving black markets. They seek the human weapon of mass destruction, the Orb of Trinity that will give the owner quite an edge in the power struggles. However, soon the ¿rulers¿ of this ravaged orb, of each of the Banished species, and the few surviving humans take interest in this seemingly inconsequential female, but even she has no earthly idea why. --- This is a fascinating apocalyptic thriller in which racism plays a major role as each species thinks they are the superior master race that should dominate the other species. Interestingly as a sad reflection of our world, it is this bigotry that makes the Peter David universe seem genuine as each of the species need to subjugate the lesser races, which is everyone else. There is no prime story line as a myriad of subplots follow many of the species as they make bids to rule the world in Peter David¿s DARKNESS OF THE LIGHT spellbinding fantasy. --- Harriet Klausner
I picked up this book because I enjoyed Pulling Up Stakes 1 & 2. The write up is based on the human slave Jepp and her adventures, but it is so much more. There are a plethora of characters of which to keep track, so many, in fact, that it sometimes gets confusing, but when you stick with it the benefits are incredible. Peter David did a masterful job in world building. The characters are credible and actually develop depth the longer you know them. Enjoyed it so much, bought Height of the Depths before I finished this one.
Peter David writes well. This book combines science fiction with fantasy and introduces a whole series of complex characters, each with his or her own culture and world view. If you don't mind that the book ends in a cliffhanger with multiple dangling story lines, then you will enjoy "Darkness of the Light."
Funny and engaging characters and interesting plot
Wonderful Post Apocalypse Story "Darkness of the Light" presents us with our world after the apocalypse with several sentient species fighting amongst themselves for territory. These creatures which served as the basis for man's monster legends are actually aliens from another dimension that were banished to earth. In to this setting we are introduce to Jepp, one of the few remaining humans who was taken in by a band of racially diverse monsters after her previous masters were slaughtered. As the narrative unfurls the story shows Jepp and her new friends being forced to undertake a suicidal mission; brief historical look at the first pioneering creatures that tried to colonise earth; the nature of the different feuds that each race has with the other; and a brief look into the mystery that is the Overseer who acts like the warden to all the races banished to earth. The highlight for me were the sarcasm that comes across in the Jepp and her friends' conversations and watching Jepp transform from this docile pleasure slave to something mysterious and dangerous.
for you sci-fi fans this is an intriguing book. The list of characters is many and you have to take the time to remember then. The action is good and the place settings are unusual. a good read. It is nice to know there is a sequel


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Ramps iOS / Android Gameplay Trailer
- App name: Ramps
- Developer: Backabit
- Genre: Strategy
- Release: Dec 21, 2010
Let's play Ramps on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Ramps game on the iPhone.
Gameplay Walkthrough
This page contains Ramps video walkthroughs for iOS (iPhone/iPad) called "iphone review - appspycom" and has been uploaded on Admin official channel at May 4, 2012.
Still need help with this level? Here you can ask questions and discuss with other Ramps users.
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Stuck on some levels in Ramps? This walkthrough can help you finish the game.

subset: commoncrawl


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We thank Y. Nishikawa for the measurement of mass spectra. This research was partly supported by the Ministry of Education, Culture, Sports, Science and Technology (MEXT) of Japan with Grants-in-Aid for Scientific Research on the Priority Area "New Frontiers in Photochromism" (471).
Photon-Quantitative Reaction of a Dithiazolylarylene in Solution†
Version of Record online: 7 JAN 2011
DOI: 10.1002/anie.201006844
Copyright © 2011 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim
Angewandte Chemie International Edition
Volume 50, Issue 7, pages 1565–1568, February 11, 2011
Additional Information
How to Cite
Fukumoto, S., Nakashima, T. and Kawai, T. (2011), Photon-Quantitative Reaction of a Dithiazolylarylene in Solution. Angew. Chem. Int. Ed., 50: 1565–1568. doi: 10.1002/anie.201006844
- †
Publication History
- Issue online: 9 FEB 2011
- Version of Record online: 7 JAN 2011
- Manuscript Received: 1 NOV 2010
Funded by
- Ministry of Education, Culture, Sports, Science and Technology
- Abstract
- Article
- References
- Supporting Information
- Cited By
Detailed facts of importance to specialist readers are published as "Supporting Information". Such documents are peer-reviewed, but not copy-edited or typeset. They are made available as submitted by the authors.
Please note: Wiley Blackwell is not responsible for the content or functionality of any supporting information supplied by the authors. Any queries (other than missing content) should be directed to the corresponding author for the article.


text:
Big Bird's Special Delivery (computer game)
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Big Bird's Special Delivery is a 1984 Sesame Street computer game published by Children's Computer Workshop for the TRS-80 (16K) Color Computer.
The game was re-released in 1987 by Hi Tech Expressions for the Atari and the Commodore in cartridge form.


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10-Legged Ho Machine Danity Kane Now 8-Legged Ho Machine: Listen To "Bye Baby"
Revered music legends Danity Kane, affectionately known at one time around these parts as Caterpussy aka 10-Legged Ho Machine, are back — minus two legs and one pussy — to breathe new life into Art and Pop, and have offered up this world-altering new future smash called "Bye Baby."
It's actually not bad, but it's giving me major shades of (get ready for an obscure reference) Hear'Say's #6-charting, career-killing UK flop "Lovin' Is Easy" from 2002.
I think it's just that funky, disco-y guitar vibe underneath a similar vocal melody in both songs. Am I nuts for thinking these tracks sound alike?
Labels: Danity Kane, Hear'Say, Pop Conspiracy


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I'm posting this question for my brother who is a computer-noob.
Somehow his laptop running XP seems to have been infected by a virus, although Norman AV does not find a virus.
Problem: everytime he doubleclicks on an icon this seems to be interpreted as a delete command. He gets a question "Do you really want to move this file/shortcut to the recycle bin" Answering No does not close the window. This also happens when he opens outlook (via mouse-menu open option) on downloades messages, double click within outlook on a message deletes the message instead of opening it.
Does anybody know a virus that can cause this behaviour?
BleepingComputer is being sued by Enigma Software because of a negative review of SpyHunter.
A case like this could easily cost hundreds of thousands of dollars. If we have ever helped you in the past, please consider helping us. To learn more and to read the lawsuit, click here.
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WELCOME TO SCHOOL of DREAMS ACADEMY
Governing Council Meeting: Dec. 6th at 6pm. 906 Juan Perea Rd. Los Lunas NM 87031 Agenda12062016.pdf
Canteen Food Service:
Menu for December, see Lunch Calendar link. Breakfast service is not yet available. Reduced lunch is .40 and regular price is $3.00. Check payments can be made made out to School of Dreams Academy, attention Eric Brown through Food Services.
Adults/non-students lunch price is $3.25. December Lunch Calender.pdf
The Boys & Girls Club at the School of Dreams Academy is now accepting members for their new after-school program! Our Club offers youth ages 5-19 a safe, fun and educational place to spend their out-of-school time. We offer five core areas of programming (Character, Education, Healthy Lifestyles, Sports & Fitness, and the Arts). Daily activities include Power Hour (homework help), Character Counts, and other fun learning opportunities. Programs (and registration) will be held from after school to 5:30pm, in Mr Cole's classroom. There is NO COST to belong!!
Come be a part of our Club! If you have any questions, please contact Cristina, 859-2217
(We are also accepting applications for adult and teen volunteers).
Holiday Spirit Week is Dec. 12-16th! Grades 7-12th: 12/12: Ugly Sweater Day; 12/13: Pajama Day; 12/14: Holiday movie character Day; 12/15: Santa and his Elves Day; 12/16th: Holiday Carols Karaoke Competition(See P Herrera for details). Every day a student winning student will be awarded a prize. Judging will take place during A and B lunches.
As a parent, you want the best academic environment for your child. Our charter school offers a great academic opportunity for your Pre-K, Kindergarten, 1st, and 2nd graders, as well as, middle school through high school age students. Students will build essential life skills.
The vision of SCHOOL of DREAMS ACADEMY is to stand as the Rio Grande Valley's pillar of student achievement, character and success.
The mission of the SCHOOL of DREAMS ACADEMY is to graduate students of the Rio Grande Valley who embrace an education that emphasizes science, technology, engineering, arts, and mathematics (STEAM) while focusing on developing well-rounded individuals with good character ready for post-secondary success.
You're invited! Fall Festival is October 28th, 5-8pm. Festival will be at 906 Juan Perea Rd.
Parent volunteers needed, please contact PTC at firstname.lastname@example.com.
Canteen Food Service:
Menu for week of October 24th: 10/24, Pulled Pork w/BBQ Sauce; 10/25, Soft Chicken Taco; 10/26, Warm Ravioli; 10/27, Crispy Chicken Sticks; 10/28 Dominos Pizza. Food will be delivered to campus in box lunch format. Breakfast service is not yet available. Notification letters for Free & Reduced food service have been sent out, Reduced lunch is .40 and regular price is $3.00. Check payments can be made made out to School of Dreams Academy, attention Eric Brown through Food Services. Adults/non-students lunch price $3.25.
Join our Team! We are looking for creative, experienced, and dedicated elementary school teachers who are excited about STEAM, hands on learning, and designing a 21st century curriculum. Employment positions available: Elementary Teachers, Special Ed preferred. Please download application from the "About Us" tab on this website and email to: Susan Garcia at email@example.com or mail to: School of Dreams Academy, 906 Juan Perea Rd,
Los Lunas, NM 87031
Governing Council Meeting, December 6th at 6pm. 906 Juan Perea Rd, Los Lunas NM 87031 Main Adm building.
School of Dreams Academy is offering screenings and evaluations to preschool-aged children between three to five years of age who may have a delay in one or more of the following areas: cognition, hearing, speech, language, self-help motor skills, social-emotional and/or vision. Any parent/guardian who may have concerns regarding their child's development may call 505-866-7632 to make an appointment for screening. If a child fails the screening in one or more areas, the Child Find Team will schedule a comprehensive assessment.
906 Juan Perea Rd. Los Lunas, NM 87031
SCHOOL of DREAMS
© 2016. School of Dreams Academy. All Rights Reserved.
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text: 000 FXUS63 KIND 041048 AFDIND Area Forecast Discussion National Weather Service Indianapolis IN 548 AM EST Sun Dec 4 2016 .UPDATE... The AVIATION section has been updated below. && .SYNOPSIS... Issued at 333 AM EST Sun Dec 4 2016 An upper trough will move across central Indiana today bringing rain and some snow to the area. A stronger system will bring mainly rain to the area Monday night into Tuesday. Much colder air will move in mid week and could bring some snow with it. More snow is possible next weekend. && .NEAR TERM.../Today/ Issued at 333 AM EST Sun Dec 4 2016 Isentropic lift will increase across central Indiana today as an upper level wave moves into the area. Q-vector convergence progs show decent forcing as well. Moisture looks good. Thus expect the area to see precipitation today. Went categorical PoPs all areas. Timing of the best forcing and moisture is this afternoon, so that is when PoPs will be highest. For the early to mid morning, dry low levels will eat away at precipitation that develops across the area. Main problem is precipitation type across the northwest forecast area today. Temperatures will be cold enough this morning for any precipitation that reaches the ground to be a mix of snow and rain across much of the area, with snow more favorable northwest where temperatures will be coolest. Across the far northwest (Warren, and northwest portions of Tippecanoe and Carroll counties), temperatures will struggle to get above the mid 30s. Forecast soundings show temperatures remaining below freezing for all but the near surface layer. Unfortunately even a small change in forecast temperatures could have big impacts on precipitation type there. For now feel that readings will be cold enough for perhaps around 1 inch of snow today in the extreme northwest. Will have to watch closely. Elsewhere mostly rain is expected so little or no snow accumulation is expected. && .SHORT TERM.../Tonight through Tuesday night/ Issued at 333 AM EST Sun Dec 4 2016 Models are close enough that the SuperBlend initialization was accepted for most items. Dry air will work in quickly tonight behind the departing upper trough. Went low PoPs during the evening, with most of the area dry by midnight. Temperatures may cool enough for some snowflakes to mix in across the north before precipitation ends. High pressure will then build in briefly for Monday. However, lift will increase Monday night as an upper low approaches the area from the southwest. This system will have good forcing as the upper system moves across, including pretty good frontogenetical forcing. Will go likely to categorical PoPs by Tuesday morning. PoPs will quickly lower Tuesday afternoon as the system exits. Temperatures might be cold enough for some snow to mix in with the rain Monday night as the system moves in. However, readings should warm enough for all rain by late Monday night. && .LONG TERM /Wednesday Through Saturday/... Issued at 333 AM EDT Sun Dec 4 2016 Ensembles suggest the main weather feature during this period will be a short wave trough that is expected to push across the Great Lakes around Wednesday into Thursday. Will go with chance PoPs for Wednesday night into Thursday morning to cover this feature. Ensembles suggest snow will be the predominate precipitation type with this system, although some mixed precipitation possible Wednesday evening over the southern and eastern zones. Light accumulations are possible. Next upper trough is expected to move into the middle of the country by next Saturday, although timing and location differences are large at this time. Ensembles suggest some snow is possible within the warm advection pattern ahead of this trough by next Saturday. Will go with chance PoPs at that time. && .AVIATION (Discussion for the 041200Z TAF Issuance)... Issued at 548 AM EST Sun Dec 4 2016 Conditions expected to deteriorate to IFR and LIFR during the course of the day and then generally remain IFR during the night. Mixed rain/snow is possible, especially at KLAF. Patchy light rain, with some light snow perhaps mixed in, will move into the area during the first six hours of the TAF period. Widespread precipitation is expected through the afternoon. A rain/snow mix is possible anywhere this morning, with mainly rain this afternoon (except for KLAF where a mix may continue). Precipitation will end by early evening. Conditions will deteriorate into IFR/LIFR with the widespread precipitation. IFR ceilings will likely continue tonight after precipitation ends. && .IND WATCHES/WARNINGS/ADVISORIES... NONE. && $$ SYNOPSIS...50 NEAR TERM...50 SHORT TERM...50 LONG TERM....JAS AVIATION...50


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-Come see this Contemporary home built by MF Construction located in the Mill Creek Community. This home has been built w/ all the upgrades to include grey Lueder exterior, 12'ceilings, 8' doors, spray foam insulation, 2-tankless water heaters, complete stainless Kenmore Elite appliances w/under counter microwave oven, dual fuel range, & french 4-door refrigerator. Master suite is amazing with spa-like master bathroom to include custom cabinets and marble countertop. Tons of outdoor living.
Elementary School
Middle School
High School
|Thomas Arnold
Distance: 2.42 Miles
|Salado Jr High
Distance: 2.77 Miles
|Salado High
Distance: 2.83 Miles
Price History
|Listed $479,900
|5% - $459,900


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Lord, You are more important than we are.
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Lord, You are more important than we are. We serve You. You save us. We preach – but we cannot save! It's only You who can save. May we never forget that, without You, we are nothing and we can do nothing – nothing of any lasting value, nothing that will really count for eternity. If we are to achieve anything in Your service, it will only be when You are working in us and through us.
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Alka-Seltzer Plus Cold Sparkling Original
- Nasal Congestion
- Sneezing
- Runny Nose
- Sore Throat
- Fever
- Headache & Body Ache
- Sinus Pressure
- Aspirin (NSAID)*
(pain reliever/fever reducer)
- Chlorpheniramine Maleate (antihistamine)
- Phenylephrine Bitartrate (nasal decongestant)
*nonsteroidal anti-inflammatory drug
Use as directed.
The Drug Facts labeling information contained within this website should be regarded as the most up to date and may differ from product labeling that you have purchased. Please consult your product package for information specific to the product you have purchased.


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March 22, 2013
3M COMPANY, BOULTER, ET AL.PLAINTIFF,v.DEFENDANTS.
This matter is before the Court upon remand from the Court of Appeals. While this matter was on interlocutory appeal, the District of Columbia filed a motion to dismiss its appeal and to vacate the portion of this Court's opinion that was the subject of the appeal. The Court of Appeals dismissed the appeal, and it ordered "that the case be remanded to the district court with instructions to consider the motion for vacatur as a motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b). . . ." (Dkt. No. 96).
The Court will therefore consider the District's motion. However, before turning to the merits, a review of the procedural history is necessary.*fn1
The Plaintiff in this matter, 3M Company, filed an eight-count complaint against Defendants Lanny J. Davis, Lanny J. Davis & Associates, PLLC and Davis-Block LLC (collectively, the "Davis Defendants") and Harvey Boulter, Porton Capital Technology Funds and Porton Capital, Inc. (collectively the "Porton Defendants") asserting a number of claims, including commercial defamation, tortious interference with contract and prospective business relations, and civil conspiracy. Initially, the Plaintiff was able to complete service on all Defendants except for Harvey Boulter. Thereafter, all Defendants (except Boulter, of course) filed motions to dismiss pursuant to either Rules 12(b)(2) or 12(b)(6) of the Federal Rules of Civil Procedure. In addition, those Defendants also filed a "special motion to dismiss pursuant to the District of Columbia Anti--SLAPP Act of 2010." See D.C. CODE §§ 16-5501--5505. After those motions were filed, the District of Columbia sought to intervene "solely for the limited purpose of presenting argument to defend the validity of the Anti-SLAPP Act," (Dkt. No. 22 at 1), and the Court granted permissive intervention to the District pursuant to Federal Rule of Civil Procedure 24(b)(2) "only for the limited purpose of defending the District of Columbia Anti-SLAPP Act of 2010 (D.C. Code §§ 16-5502-5505)." (Dkt. No. 29 at 1).
On February 2, 2012, following briefing and argument on the various motions, the Court granted the Porton Defendants' motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule 12(b)(2), and the Court granted the Davis Defendants' motion to dismiss for failure to state a claim pursuant to Federal Rule 12(b)(6), for all claims except the commercial defamation claim. 3M Co., 842 F. Supp. 2d at 111-20. The Court also held that the special motion to dismiss procedure mandated by the D.C. Anti--SLAPP Act conflicts in several fundamental respects with the Federal Rules of Civil Procedure, and, accordingly, the Court held that the Act cannot apply to a federal court sitting in diversity pursuant to Hanna v. Plumer, 380 U.S. 460 (1965), and its progeny. 3M Co., 842 F. Supp. 2d at 93-111.
On February 17, 2012, the Davis Defendants noted an interlocutory appeal of the Court's order denying the special motion to dismiss. (Dkt. No. 65). On February 23, the District also noted an appeal. (Dkt. No. 67). The Court postponed discovery on the remaining claim against the Davis Defendants, allowing the Court and the parties to monitor the progress of the appeal and the Plaintiff an opportunity to continue its attempts to effectuate service on Mr. Boulter.
Mr. Boulter was eventually served and, like the defendants before him, filed a motion to dismiss pursuant to Federal Rules 12(b)(2) and 12(b)(6). (Dkt. No. 85). In addition, Boulter also filed a "special motion to dismiss" pursuant to the D.C. Anti--SLAPP Act. (Dkt. No. 87). The Plaintiff and Boulter then stipulated that Boulter's special motion to dismiss would be held in abeyance until the Court of Appeals acted on the still-pending interlocutory appeals. (Dkt. No. 90). On October 5, 2012, the Court granted Boulter's motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule 12(b)(2). (Dkt. No. 94 (transcript)). The Court did not rule on Boulter's special motion to dismiss at that time. (Id.).
Subsequently, the Plaintiff reached a settlement with the Davis Defendants, and the Davis Defendants dismissed their interlocutory appeal. The settlement did not include any of the Porton Defendants.
Thereafter, the Court ruled on Boulter's special motion to dismiss-denying it. 3M Co. v. Boulter, --- F. Supp. 2d. ----, 2012 WL 5245458 (D.D.C. Oct. 24, 2012). The Court took this action because the parties had stipulated that, if the interlocutory appeal of the Davis Defendants was dismissed for any reason, "then Mr. Boulter's special motion to dismiss shall be denied by this Court." (Dkt. No. 90). In addition, by denying Boulter's special motion to dismiss, either the District or Boulter could appeal the Court's denial and thereby obtain review of the Court's ruling on the inapplicability of the D.C. Anti-SLAPP Act. However, the Plaintiff did not appeal the dismissal of the Porton Defendants on personal jurisdiction grounds, and neither the District nor Boulter appealed the denial of Boulter's special motion to dismiss.
Instead of appealing the Court's denial of Boulter's special motion to dismiss, the District filed a motion to dismiss its interlocutory appeal and to "Vacate the Portions of the District Court Opinion and Order Addressing the District of Columbia Anti-SLAPP Act." The Court of Appeals granted the motion to dismiss the appeal, took no position on vacatur, and ordered "that the case be remanded to the district court with instructions to consider the motion for vacatur as a motion for relief from judgment pursuant to Fed. R. Civ. P. 60(b). See U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 29 (1994)." (Dkt. No. 90). The Court will therefore follow the instructions of the Court of Appeals and consider the District's motion for relief from judgment.
As directed by the Court of Appeals, this Court will consider the motion to vacate its prior order as if it were a motion made to this Court pursuant to Federal Rule of Civil Procedure 60(b), which sets forth the grounds upon which a party may seek relief from a judgment or order. Of those grounds, the only one applicable in this instance appears to be the "catch-all" provision of Rule 60(b)(6), which permits a court to relieve a party from an order or judgment for "any other reason that justifies relief." FED. R. CIV. P. 60(b)(6).
The District's burden for obtaining relief under Rule 60(b)(6) is quite high. It is well settled that, while this provision "provides courts with authority 'adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice,'" Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 863-64 (1988) (quoting Klapprott v. United States, 335 U.S. 601, 614-15 (1949)), such relief requires "extraordinary circumstances," id. (quoting Ackermann v. United States, 340 U.S. 193, 199 (1950)), and further, that such relief "should only be sparingly used," Computer Professionals for Social Responsibility v. U.S. Secret Service, 72 F.3d 897, 903 (D.C. Cir. 1996) (citing Good Luck Nursing Home, Inc. v. Harris, 636 F.2d 572, 577 (D.C. Cir. 1980)).
As noted above, the Court of Appeals also referenced U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 29 (1994), so that case must be considered. In U.S. Bancorp, the parties entered into a settlement agreement while the case was on appeal, and a party who had sought certiorari moved to vacate the lower court's decision. In its analysis, the Supreme Court acknowledged that it had commonly vacated the judgment below when a civil case became moot pending a decision on the merits. Id. at 22 (citing United States v. Munsingwear, Inc., 340 U.S. 36, 39 (1950)). The Court noted, however, that vacatur was not automatic. Instead, as the Court explained, vacatur may be justified where "[a] party who seeks review of the merits of an adverse ruling, but is frustrated by the vagaries of circumstance, ought not in fairness be forced to acquiesce in the judgment." Id. at 25. The Court concluded that no such unfairness would result where the party seeking review had settled, "hold[ing] that mootness by reason of settlement does not justify vacatur of a judgment under review." Id. at 29. In so concluding, the Court reasoned that a party who settles his case "has voluntarily forfeited his legal remedy by the ordinary processes of appeal . . . , thereby surrendering his claim to the equitable remedy of vacatur." Id. at 25. Significantly, the Court stated that "[i]n these respects the case stands no differently than it would if jurisdiction were lacking because the losing party failed to appeal at all," noting that it had previously denied vacatur where the losing party declined to pursue its appeal, resulting in the appeal being dismissed for want of jurisdiction. Id. at 25-26 (citing Karcher v. May, 484 U.S. 72 (1987)) (emphasis added). While the Court explained that "[t]his is not to say that vacatur can never be granted when mootness is produced [because of a settlement]," the Court cautioned that it would require "exceptional circumstances" to justify the equitable relief of vacatur following a settlement. Id.
These are the general legal principles that govern this matter. Upon their consideration, this Court does not find that the instant motion presents a circumstance that is so "extraordinary" and "exceptional" to warrant the requested relief from judgment under Rule 60(b)(6), which, as noted above, is relief that "should only be sparingly used." Computer Professionals for Social Responsibility, 72 F.3d at 903.
First of all, it is not entirely clear that the District played no role in the events that prevented review of this Court's order by the Court of Appeals. The District argues that the "voluntary action exception" of U.S. Bancorp does not apply because the District was not a party to the settlement between the plaintiff and the Davis defendants and "did not itself take any actions to moot the appeal." Consent Motion by the District of Columbia to Dismiss Its Appeal and to Vacate the Portions of the District Court Opinion and Order Addressing the District of Columbia Anti-SLAPP Act, USCA Case No. 12-7017 (filed Nov. 13, 2012) (citing Humane Society of the United States v. Kempthorne, 527 F.3d 181 (D.C. Cir. 2008)). However, a major flaw with this argument is that it focuses exclusively on the Court's denial of the special motion to dismiss filed by the Davis Defendants. While the settlement between 3M and the Davis Defendants mooted that appeal, the District completely ignores the fact that the Court subsequently denied the special motion to dismiss filed by Defendant Boulter, which expressly incorporated the very same arguments pressed by the Davis Defendants. (Dkt. No. 93). As an intervenor in this action, the District could have separately appealed that ruling to the Court of Appeals. Had the District taken an appeal of that decision, it could have sought review of the precise issue raised by the Davis Defendants' earlier appeal-i.e., this Court's ruling that the D.C. Anti-SLAPP Act cannot apply in federal court. But the District chose not to do so.
On this point, the Court is mindful that Boulter had previously been dismissed from this case under Federal Rule 12(b)(2), for lack of personal jurisdiction. (See Dkt. No. 94 (transcript)). But in so ruling, the Court expressly dismissed 3M's claims against Boulter without prejudice, (id. at 32-33), leaving open the possibility that 3M could re-file its claims. Had the Court granted Boulter's alternative grounds for dismissal under the D.C. Anti-SLAPP Act, on the other hand, that dismissal would have been with prejudice. D.C. CODE § 16-5502(d). These implications are significant because, where a defendant seeks a dismissal with prejudice and only secures a dismissal without prejudice, it may nevertheless appeal the trial court's ruling to argue that the dismissal should have been with prejudice. This principle was first clearly articulated by the Seventh Circuit, in two decisions penned by Judge Posner: LaBuhn v. Bulkmatic Transport Co., 865 F.2d 119 (7th Cir. 1988), and Disher v. Information Resources, Inc., 837 F.2d 136 (7th Cir. 1989). Since those cases were decided, several other Circuits have followed suit. Briscoe v. Fine, 444 F.3d 478, 495-96 (6th Cir. 2006); Payton v. Woodford, 273 F.3d 1271, 1276 (10th Cir. 2001); Farmer v. McDaniel, 98 F.3d 1548, 1549 (9th Cir. 1996); see also 15A Wright, Miller & Cooper, FEDERAL PRACTICE AND PROCEDURE § 3914.6, at 535 (2d ed. 1991) ("[O]bviously, a defendant must be allowed to appeal a dismissal without prejudice in order to argue that the dismissal should have been with prejudice."). Further, while our Court of Appeals has not squarely applied this principle, it has cited with approval the Seventh Circuit's decision in LaBuhn. Sea-Land Serv., Inc. v. Fed. Maritime Comm'n, 137 F.3d 640, 647 n.4 (D.C. Cir. 1998) ("A prevailing party may appeal a dismissal without prejudice on the grounds that it wants one with prejudice.").
Thus, the Court's dismissal of Boulter without prejudice on personal jurisdiction grounds did not prevent Boulter-or the District, through its role as an intervenor defending the D.C. Anti-SLAPP Act-from appealing the Court's denial of Boulter's alternative grounds for dismissal under the Anti-SLAPP Act. Insofar as the District chose not to do so, it cannot now complain that the dismissal of the Davis Defendants' appeal has prevented the District from obtaining review of this Court's ruling on the D.C. Anti-SLAPP Act. As the Supreme Court noted in U.S. Bancorp, the equitable relief of vacatur is not appropriate where "the losing party failed to appeal at all." 513 U.S. at 25.*fn2
Second, even if the District's failure to appeal the denial of Boulter's special motion does not foreclose its right to seek equitable relief, the District still has not shown extraordinary circumstances to merit vacatur. The Court finds it significant that in Kempthorne, upon which the District relies, our Circuit stated that "[w]e have interpreted Bancorp narrowly." 527 F.3d at 185. The Circuit did note that it had distinguished U.S. Bancorp where the appeal had become moot due to legislative action, rather than due to a settlement of the parties, id. at 185-86 (citing Nat'l Black Police Ass'n v. District of Columbia, 108 F.3d 346 (D.C. Cir. 1997)), but that circumstance is plainly not present here. Additionally, because the District did not attempt to appeal the ruling on Boulter's motion, this case, unlike Kempthorne, raises the troubling possibility that "a litigant is attempting to manipulate the courts to obtain the relief it was not able to win in the judicial system." Id. (quoting Wyoming v. U.S. Dep't of Agric., 414 F.3d 1207, 1213 (10th Cir. 2005)). Further distinguishing Kempthorne is its reliance upon the fact that the party seeking vacatur was an intervenor as of right whose "interest was not adequately represented," id. at 186 n.11, but that circumstance is also not present here. In this case, the District sought to intervene "solely for the limited purpose of presenting argument to defend the validity of the Anti-SLAPP Act," (Dkt. No. 22 at 1), and the Court granted intervention "only for the limited purpose of defending the District of Columbia Anti-SLAPP Act of 2010 (D.C. Code §§ 16-5502-5505)," (Dkt. No. 29 at 1). Thus, the District was a permissive intervenor, which is significant because this Court's order did not affect any interest in property of the District, the District is not bound by the Court's order,*fn3 and the District is not precluded from litigating the applicability of the D.C Anti-SLAPP Act in future proceedings. Indeed, the District is currently litigating this very issue in other appeals pending before this Circuit and can therefore adequately defend its interests in those actions. See, e.g., Sherrod v. Brietbart, USCA No. 11-7088; Farah v. Esquire, USCA No. 12-7055. Thus, there is no need to vacate the decision so that "the rights of all parties are preserved," Munsingwear, 340 U.S. at 39-40, and this is not an instance where vacatur is necessary because the District's right to appellate consideration of the issue has been significantly impaired, see Atkinson v. Prudential Property Co., Inc., 43 F.3d 367, 373 (8th Cir. 1994) ("[E]xceptional circumstances are relevant only where they bar adequate redress.").
Third, to the extent that the purpose of Rule 60(b)(6) is to allow vacatur "whenever such action is appropriate to accomplish justice," Klapprott, 335 U.S. at 615, the District has not shown that justice would be served by vacatur in this instance. As shown above, the District could have sought review of this Court's order but failed to do so, and the District is still able to seek a favorable ruling from the Court of Appeals in other pending cases. To the extent that the District seeks vacatur because it wants to remove an unfavorable ruling from the books, "a party's desire to avoid the potential legal precedent set by an order does not qualify for Rule 60(b)(6) relief." Tustin v. Motorists Mut. Ins. Co., 668 F. Supp. 2d 755, 763 (N.D. W. Va. 2009) (citing Neumann v. Prudential Ins. Co. of Am., 398 F. Supp. 2d 489, 492 (E.D. Va. 2005)); see also McMellon v. United States, 528 F. Supp. 2d 611, 614 (S.D. W. Va. 2007) (noting that it is unjust in some instances to allow institutional litigants to obtain vacatur because "[f]reely granting vacatur hurts one-time players in the legal system while benefitting institutional litigants. Vacatur is requested almost exclusively by repeat-player litigants who have the greatest incentive to remove adverse precedent from the books. The repeat player, as opposed to the one-shot litigant, is principally concerned with the long-range effects of the judgment.").
Similarly, the Court finds that granting the Rule 60(b)(6) motion would not serve the public interest. See Mattel, Inc. v. Goldberger Doll Mfg. Co., 236 F.R.D. 175, 177 (S.D.N.Y. 2006) (denying Rule 60(b)(6) motion to vacate because there was a public interest in knowing the court's factual findings and legal reasoning). According to the District, the D.C. Anti-SLAPP Act requires a trial court to dismiss claims, with prejudice, and prior to conducting discovery, unless "the person claiming defamation can demonstrate a likelihood of success on the merits." (Dkt. No. 32 at 17). The District even acknowledges that the Act "requires a court to consider whether the defendant's conduct had a reasonable basis in fact" when making this determination. (Id. at 29). This method of adjudicating, whereby the trial court weighs the evidence and dismisses a claim with prejudice that appears factually weak at the outset of the litigation, is alien to the federal courts. There is no way to reconcile such a scheme with the Supreme Court's explanation that "when a complaint adequately states a claim, it may not be dismissed based on a district court's assessment that the plaintiff will fail to find evidentiary support for his allegations or prove his claim to the satisfaction of the factfinder." 3M v. Boulter, 842 F. Supp. 2d at 100 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 563 n. 8, (2007)) (discussing Fed. R. Civ. P. 12(b)(6)) (emphasis added). Nor can such a scheme be reconciled with the admonition of our Court of Appeals that the "sharp limitations on summary judgment required by Rule 56" must be adhered to in "circumstances [that] involve the Seventh Amendment right to a trial by jury. . . ." SmithKline Corp. v. Food and Drug Administration, 587 F.2d 1107, 1119 (D.C. Cir. 1978) (citing Weinberger v. Hynson, Westcott & Dunning, 412 U.S. 609, 622 (1973)). The District's contention that the Act should be regarded an immunity defense, even if correct,*fn4 does not change the analysis. Indeed, the D.C. Circuit has held that Rule 56 precludes summary judgment for a defendant claiming qualified immunity where there is a genuine issue of material fact, explaining that "[w]hen considering a motion for summary judgment, a trial court's function is to ascertain whether disputed facts exist, not to try them." McSurely v. McClellan, 697 F.2d 309, 321 (D.C. Cir. 1982). Furthermore, the Supreme Court has held that, even where a defendant asserts qualified immunity, lower courts cannot require plaintiffs to meet a heightened burden of proof to defeat summary judgment, in part because such a special procedural rule conflicts with the Federal Rules of Civil Procedure. Crawford-El v. Britton, 523 U.S. 574, 594 (1998).
In sum, it cannot be gainsaid that the application of the D.C. Anti-SLAPP in federal court raises serious policy questions, and the Court does not agree that it serves the public interest to erase an opinion from the books that may contribute to the necessary and healthy debate of those questions. The opinion does not prejudice the District, for it is not binding precedent on any other judge or any other court, see Camreta v. Greene, -- U.S. ---, 131 S. Ct. 2020, 2033 n.7 (2011), and the only power it has is whatever persuasive effect its reasoning may merit. Such power will be countered by whatever persuasive effect can be garnered by the arguments of the District and other litigants. And that is how it should be.
IT IS THEREFORE ORDERED that the motion for relief from judgment by the District of Columbia is DENIED.
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2012 Ford F-150 XL 2dr Regular Cab Styleside 6.5 ft. SB (3.7L 6cyl 6A)
Cost $21,500 stripped.Now an additional $1,000 rebate.Quite a lot of car for the money. Ford has done an excellent job with this truck, but I argue that Ford has done a better job of causing the competition to cut prices, at least on the low end trucks. GM about $1,500 cheaper, with bed-liner, cruise control standard.Dodge maybe $1,000 cheaper with Hemi engine.Both have better warranties than Ford. Buying a car is bizarre these days.You have to look for the coupons that work.Are you with USAA? Are you a former GM owner?I'm not so I didn't buy GM. I happen to be a GM shareholder.Would that have counted?I forgot to ask.
Crazy engine.
3.7L is only sane in comparison to twin-turbo Ecoboost.
This thing revs easily to 7,000 rpm, and puts out 302 hp with only 226 cubic inches.
It's kind of like James Dean's truck.
Well appointed interior for a stripped truck.
Value for money.
(But see above).
Truck is very civilized, but when Ford had to choose between suburban poseurs like me and working guys they defaulted towards the "Built Ford Tough" standard.
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Get 87 anyway (per manual).
Truck "benefits from" higher octane gas (per manual).
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Owner exercises good business sense by treating her employees to sample services at other salons.
Why does salon owner Christy Martin send her two employees to sample services at other salons once a month? In part it's to give them a treat, says Martin, the owner of Artistry Nail & Skincare Studio in Leola, Pa. Her other motivation is less altruistic. She wants them to experience what it feels like to be a client. "It's all about customer service," she says.
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Due to mixed reactions at the 2012 Geneva Auto Show for the front-end styling of the EXP 9 F 'Falcon' SUV, Bentley is reconsidering this feature, sources have told Autocar. It's a positive thing though that very few visitors to the show doubted whether Bentley should have an SUV.
An insider told Autocar that this design, which was created during the leadership of current CEO Wolfgang Dürheimer, is a departure from its earlier SUV proposal that was distributed internally at Bentley about five or six years ago. The source talked about a chance for the styling to be modified as it proceeds to production.
The concept has a width of two meters and has to be made narrower to be at a size that's more practical. The potential customers for the model would be its most important critics. Right after the show, the current Bentley owners and the conquests will tweak the design. Furthermore, Bentley is thinking about developing its own V8-based plug-in hybrid to use on the production car. The new powertrain will borrow from the MLB longitudinal engine platform of Volkswagen Group and is expected to have impressive figures for CO2 emissions and fuel economy.
A lot of the hybrid technology had been developed for the Porsche Cayenne and VW Touareg already. They both come with a V6 supercharged petrol engine. However, the V6 is believed to not have the power and image needed for the Falcon.
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Japanese Parliament Votes For Greater Overseas Military Role
Japan's parliament voted to allow its country's military to intervene internationally, a big change from the country's historical stance on pacifism.By Eugene Daniels | September 18, 2015
Japan's constitutional pacifism is now a thing of the past. On Friday, the country's parliament voted to allow its military to fight in battles overseas. After World War II, the country was only allowed to enter international conflicts if Japan itself was threatened. (Video via The History Channel)
The move is a big win for Japan's prime minister, Shinzo Abe, who has wanted the change so his country could face new possible military threats, especially from neighboring China.
According to the BBC, three conditions must be met for Japan to enter international conflict: Japan or an ally must be under attack from a clear threat to people; there can't be any other way to fend off the attack; and only minimal force may be used.


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3 Bedroom Apartment - Available January 1st! - This 2nd floor, 3 bedroom apartment offers a large living room, eat-in kitchen, an enclosed porch, lots of closet space, and off-street parking. Rent includes oil heat. Residents pay water, sewer, trash removal, electric and propane for gas range. A stove, refrigerator, washer, and dryer are included. Small pets welcome for additional fees. Call 570-893-0444 for more information. Brigandi Kissinger Realtors 570-893-4220. www.bkpm1.com
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WeatherBeaterâ"¢ Floor Liners Review in 4WDrive MagazineFriday, August 2, 2013
Husky Liners® brand WeatherBeater™ Floor Liners were reviewed in the latest issue of 4WDrive Magazine by a 2004 Dodge Ram 1500 Laramie owner. He mentioned, "'Form, fit and function' are adjectives that accurately describe these floor liners. I have every intention of testing the lifetime warranty."


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Westchester RAP Newsletter
December RAP Now Available!
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Includes Stratford Spartans Varsity Football Schedule, Stratford Playhouse Schedule, Spring Forest Playhouse Schedule, and Nottingham Elementary PTA Schedule.
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I am doing my own pro points weightwatchers style diet the moment and I am sort of just losing a couple of pound this last three weeks.
I cant step up exercise anymore cos of pain but just continue to be more active as I am doing now.
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The hotel was very nice than what we thought of and the food, staff cooperation room service was very nice. In my next visit I will definately stay once again to Hotel Madikeri Heritage. Thanks for recommending this hotel.
th romm was clean , service good , the food was ok ... we checked in the 4th floor romm as there were heavy rains it caused this sound on the roof which was very disturbing ... best part is the hot water ...contineous 24 hrs...over all value for money budget hotel ...
It was a good choice. We had a nice stay. Rooms are very clean and well maintained. Hot water is available through out the day. It's in the heart of the town Madikeri. All the restaurants are just walkable distance. Good parking is provided. They have a WIFI facility but payment is extra.
Overall I would say a pleasant experience. Rates are slightly on the higher side, as such no complimentary breakfast.
It was a plesant stay .The staffs were good except one incedent where i paid the food bills to the room service guy but he came back again sayin that i haven't paid him the exact amount ..i really don't know what he was upto ..it took some time to sort it out ...so be careful while paying the room service guys .They try to act smart sometimes.


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decided: October 16, 1974.
PENNA. HUMAN RELATIONS COMM., APPELLANT,v.U. S. STEEL CORP.
Appeal from decree of Commonwealth Court, No. 355, C.D. 1973, in case of Pennsylvania Human Relations Commission v. United States Steel Corporation, American Bridge Division, Shiffler Works.
Sanford Kahn, General Counsel, for appellant.
James T. Carney, for appellee.
J. Thomas Menaker and McNees, Wallace & Nurick, for Emerson Electric Company, Edwin L. Wiegand Division, amicus curiae.
James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall, for The Hospital Association of Pennsylvania, amicus curiae.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones. Mr. Justice Manderino dissents. Dissenting Opinion by Mr. Justice Roberts. Mr. Justice Nix joins in this dissenting opinion.
[ 458 Pa. Page 560]
On August 21, 1972, appellant, Pennsylvania Human Relations Commission (PHRC) filed a complaint charging appellee, United States Steel Corporation, American
[ 458 Pa. Page 561]
Bridge Division, Shiffler Works (U. S. Steel) with violation of Section 5 of the Pennsylvania Human Relations Act (the Act).*fn1 Soon thereafter, appellant served upon appellee certain interrogatories relating to the charges in the aforesaid complaint. When appellee refused to answer these interrogatories, several demands for such answers were made by the Commission which were rejected by appellee. Finally, on March 21, 1973, PHRC filed a complaint in equity with the Commonwealth Court requesting that court to compel appellee's compliance with appellant's demand for answers to its interrogatories. Appellee then responded with preliminary objections, alleging: (1) that the complaint was defective in that (a) it was not made, signed and filed by a member of the Commission as required by Section 9 of the Act (43 P.S. § 959), (b) it did not set forth the particulars of the unlawful practice as required by Section 9, and (c) it was issued without probable cause; and (2) that appellant had not exhausted its statutory remedies and, therefore, that equity did not lie.
The Commonwealth Court, in an opinion by President Judge Bowman, sustained appellee's preliminary objections and dismissed appellant's complaint, holding: (1) that the Commission's self-initiated complaint was subject to the "particulars" requirement of Section 9 and that it was deficient in this regard; and (2) that equity jurisdiction was not appropriate in this case. Human Rel. Comm. v. U. S. Steel, 10 Pa. Commonwealth Ct. 408, 311 A.2d 170 (1973). Appellant then brought this appeal.
At the outset, it should be noted that appellant requests that we consider this matter as an action to enforce a lawful order of the PHRC under Section 10 of the Act (43 P.S. § 960) in order to avoid the problem
[ 458 Pa. Page 562]
with equity jurisdiction which was confronted below. However, since the lower court based its decision alternatively on the inadequacy of the original PHRC complaint and on the inappropriateness of equity jurisdiction, we will suspend decision on the appellant's requested mid-stream pleading amendment until our resolution of the former question.
Section 9 of the Act provides, inter alia, the following procedure for complaints relating to unlawful discrimination:
"Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a verified complaint, in writing, which shall state the name and address of the person, employer, labor organization or employment agency alleged to have committed the unlawful discriminatory practice complained of, and which shall set forth the particulars thereof and contain such other information as may be required by the Commission. The Commission upon its own initiative or the Attorney General may, in like manner, make, sign and file such complaint. Any employer whose employes, or some of them, hinder or threaten to hinder compliance with the provisions of this act may file with the Commission a verified complaint, asking for assistance by conciliation or other remedial action and, during such period of conciliation or other remedial action, no hearings, orders or other actions shall be taken by the Commission against such employer. . . ." Act of October 27, 1955, P. L. 744, § 9, as amended, 43 P.S. § 959 (Emphasis added). In its complaint served upon appellee on August 21, 1972, appellant made the following charge: "4. The Respondent has in the past and continues until the present time to maintain a discriminatory system of recruitment, hiring, training, employment, compensation, promotion, demotion, job assignment or placement, transfer, layoff, retention, referral, dismissal, rehire, retirement and pensions,
[ 458 Pa. Page 563]
and has otherwise discriminated in the past and continues until the present time to discriminate regarding terms, conditions and privileges of employment because of sex, race and national origin. This pattern and practice of discrimination is in violation of the applicable provision of Section 5 of the Pennsylvania Human Relations Act, act of October 27, 1955, P.L. 744, as amended, 43 P.S. 951 et seq. " The present question is does this averment satisfy the requirement of Section 9 by "set[ting] forth the particulars" of "the unlawful discriminatory practice complained of?" In holding that it does not, the Commonwealth Court characterized the above quoted language as "a slightly expanded restatement of Section 5(a) of the Act and as such is a mere conclusion of law." 10 Pa. Commonwealth Ct. at 413, 311 A.2d at 173. That court then concluded that this averment "is totally deficient in particularity by any standard, and advises U. S. Steel in no way by what means, methods, or circumstances it is charged with discrimination." Id. Having studied the record, the statutory requirements, and the legal precedents relating to this matter, we believe that the Commonwealth Court was correct in its determination that the complaint did not satisfy the requirements of Section 9.
Appellant contends that its original complaint "clearly delineates the perimeters of the area of concern and thus sufficiently delineates the perimeters of the proposed investigation." At the outset, we cannot accept this assertion. The averment in paragraph 4 of the PHRC's complaint tells appellee little more than that it is charged with a violation of Section 5 of the Act. To say that such a statement "clearly delineates the perimeters of the area of concern" is misleading, if not erroneous. When the "perimeters" become as expansive as those involved here, their delineation is of little significance or aid to the party attempting to frame responsive pleadings. In addition, appellant's
[ 458 Pa. Page 564]
assertion ignores the fact that Section 9 of the Act does not speak of the complaint merely "delineat[ing] the perimeters of the area of concern" but requires that the complaint "set forth the particulars" of the unlawful discriminatory practice complained of." Whether or not Section 9 requires the allegation of such specific instance of discrimination, there can be no question that this section requires more particularity than that contained in appellant's averment. To construe Section 9 to accommodate appellant's position would render the relevant statutory language in question virtually meaningless. We will not adopt such a construction.
Appellant has relied heavily on a number of federal precedents to support its position. Primary among these are Local No. 104, Sh. Met. Wkrs. Int. Ass'n v. EEOC, 439 F.2d 237 (9th Cir. 1971), and Spartan Southwest, Inc. v. EEOC, 461 F.2d 1055 (10th Cir. 1972). We feel, however, that appellant's reliance on those cases is misplaced as there exist several bases for distinguishing those cases from the situation before us.
Both Local 104 and Spartan dealt with the sufficiency of complaints filed under the federal Equal Employment Opportunities Act (Act of July 2, 1964, Pub. 1. 88-352, Title VII, § 701 et seq., 42 U.S.C. § 2000e et seq.), which required that the complaint "set forth the facts upon which it is based." In addition to the semantical difference between the federal statute and the instant statute, the charges in both the above cases were more specific and limited than those involved in the present case. In Local 104, the charge was limited to the discriminatory restriction on union membership of minority group members because of race or national origin. Spartan involved a series of separate charges, one of which was that the employer had restricted certain occupational categories to exclude Negroes, Spanish-speaking Americans, and Indians. While these charges may not be models of specificity, they clearly
[ 458 Pa. Page 565]
give the employer significantly better notice of the nature of the unlawful practice he had allegedly committed than do the charges presently before us. In addition, both the Local 104 and the Spartan courts emphasized the notice pleading system of the Federal Rules of Civil Procedure and thus felt restrained from requiring more particularity in pleading before federal administrative agencies than that which would suffice in the federal courts. 439 F.2d at 243; 461 F.2d at 1059. Contrastingly, this Commonwealth has a system of fact pleading which by its very name connotes particularity exceeding mere notice. See Pa. R. C. P. 1019. Thus, any attempt to analogize the federal court approach to the EEOC to our approach to the PHRC is destined to fail.
Appellant has also cited Pittsburgh Press Employment Advertising Discrimination Appeal, 4 Pa. Commonwealth Ct. 448, 287 A.2d 161 (1972), to support its position that the questioned averment satisfies the requirements of Section 9. We, however, agree with the court below that Pittsburgh Press is readily distinguishable since "[t]hat complaint . . . clearly pinpointed the particular action or activity alleged to be discriminatory, namely the employment advertisements of the newspaper carried under male or female columns." 10 Pa. Commonwealth Ct. at 413, 311 A.2d at 173. Clearly, such is not the case here.
In the alternative, appellant suggests that it has the power to compel answers to interrogatories pursuant to its investigatory powers, regardless of the status of its complaint, and that we should therefore order appellee to answer the interrogatories on this basis. We find this theory equally untenable. Initially, because PHRC has chosen to proceed via complaint in this matter, the scope of its pure investigatory power is not properly in issue. Even beyond that problem, however, we have serious doubts regarding the appellant's power to compel
[ 458 Pa. Page 566]
answers to interrogatories in the absence of a proceeding initiated by a proper complaint. There is no question that the PHRC has the general authority and the duty under Section 9 to conduct investigations even in the absence of a properly-filed, legally-adequate complaint, provided there is "reason to believe" that an unlawful discriminatory practice has occurred prior to the commencement of such investigation. However, except in the case of investigatory hearings relating to racial problems under Section 8.1 (43 P.S. § 458.1),*fn2 the appellant's arsenal of formal evidence-gathering powers, found in Section 7(g) (43 P.S. § 957(g)), is usable only "where a complaint has been properly filed before the Commission." We construe the requirement that the complaint be "properly filed" to implicitly require that the complaint be free of substantial defect. Thus, in view of our earlier conclusion that the instant charges are defective, the powers delineated in Section 7(g) do not apply here. Even if Section 7(g) were applicable in the present context, there is the further problem that the power to compel answers to interrogatories is not included among those enumerated in that section. However, we express no opinion at this time as to the PHRC's interrogatory power, or lack thereof, in a proceeding initiated by a complaint conforming to the requirements of Section 9.
The foregoing resolution of these issues in concurrence with the decision below renders consideration of the matters relating to the propriety of equity jurisdiction academic and unnecessary. Accordingly, we affirm the decision of the Commonwealth Court, sustaining appellee's
[ 458 Pa. Page 567]
preliminary objections to the appellant's complaint.
Decree affirmed. Each party to pay own costs.
Decree affirmed.
Dissenting Opinion by Mr. Justice Roberts:
I dissent. The majority's approach to this case resembles more the technical and formalistic style of common law pleading than the practical and pragmatic spirit of modern administrative law. This sterile and unrealistic approach results in a restrictive construction of the Pennsylvania Human Relations Act*fn1 which may well cripple the Commonwealth's efforts to correct the more subtle forms of discrimination.
The majority assumes that a complaint before the Commission must be as complete and detailed as a complaint in a judicial proceeding. In my view, it is necessary to consider the entire procedural context in which the Act envisions that a complaint will be utilized and the functions it will serve. Only in this way can it be assured that the construction placed on this portion of the Act will meet the practical necessities of the entire statutory scheme.
Section 9 establishes the procedural setting for a complaint before the Human Relations Commission:
"After the filing of any complaint, . . . the Commission shall make a prompt investigation in connection therewith.
". . . If it shall be determined after such investigation that probable cause exists for crediting the allegations of the complaint, the Commission shall immediately
[ 458 Pa. Page 568]
endeavor to eliminate the unlawful discriminatory practice complained of by conference, conciliation and persuasion. . . .
"In case of failure so to eliminate such practice . . . the Commission shall cause to be issued and served a written notice, together with a copy of such complaint as the same may have been amended, requiring the person . . . named in such complaint . . . to answer the charges of such complaint at a hearing before the Commission . . . ."
According to Professor Davis, "The key to pleading in the administrative process is nothing more than opportunity to prepare."*fn2 The complaint here is not a formal charge which appellee must answer and upon which a hearing will be held. The present proceedings are purely preliminary. The complaint before us is only the foundation for an investigation to determine whether there is probable cause to believe that appellee is engaged in unlawful discriminatory practices.
Surely a complaint which is only the basis for further investigation ought not to be judged by the same standard as one which requires the respondent to defend at a formal hearing before the Commission. While the requirement that the complaint "set forth . . . particulars" is applicable at both stages of the proceeding, the substance of that requirement must plainly vary in light of the differing realities of those stages.
The very purpose of the complaint is to acquaint the Commission with the challenged practice. Before the Commission investigates, it could not possibly have sufficient
[ 458 Pa. Page 569]
information to frame a precise and detailed complaint. Therefore, relatively little factual particularity can be expected at this point.
Furthermore, the person under investigation need not, at this stage, prepare a defense. Only if the Commission finds, as a result of its investigation, probable cause to believe that there has been a violation of the Act will there be a hearing. Prior to that hearing, the complaint may be amended so that the respondent will have his "opportunity to prepare."
If the initial complaint need not be greatly concerned with facilitating preparation of a defense, what purposes are served by the complaint at this stage? First, it may enable a respondent to lighten the burden of the investigation and hearing process itself. A respondent will normally possess greater knowledge of both the facts regarding its own conduct and the records and other evidence available to prove those facts. On the basis of this knowledge, a respondent may be able to satisfy the Commission that it is not engaged in unlawful discrimination, thereby obviating the formal investigation and hearing entirely. Even if a respondent cannot completely exonerate itself at the investigation stage, it may be able to identify relevant documents and other evidence. This will reduce the amount of time and effort expended in production of irrelevant materials.*fn3
A second purpose served by informing a respondent of particulars at an early stage is to encourage voluntary compliance with the Act. If a respondent's attention is directed to the cause of the Commission's concern, it may voluntarily take corrective action.
In my judgment, the initial complaint need be no more specific than is necessary to serve these purposes.
[ 458 Pa. Page 570]
At least two general situations can be identified. In those cases where a particular incident (e.g., a discharge or refusal to rent) is the concern, the complaint should identify the incident in question. Where the focus is on some broader pattern or practice, the complaint need only set out the reasons for the complainant's belief that the person complained of is engaged in unlawful discrimination. These reasons may include such facts as substantial statistical imbalances suggesting the presence of discrimination*fn4 or a continuing flow of more specific complaints about the person or company.
Examining the complaint in this case,*fn5 I conclude that it does not meet this standard. I therefore agree that this complaint fails to satisfy the statutory requirement to "set forth the particulars" of the unlawful discriminatory practice complained of.
The conclusion that the complaint is insufficient does not, however, end the inquiry. The Commission is also authorized to conduct investigations in the absence of a complaint. Section 9 of the Act provides, in pertinent part: "After the filing of any complaint or whenever there is reason to believe that an unlawful discriminatory
[ 458 Pa. Page 571]
practice has been committed, the Commission shall make a prompt investigation in connection therewith."*fn6
The Legislature clearly contemplated that there would be situations where, for lack of sufficient information or other good reason, the Commission would find it desirable to proceed without a complaint. Even in those circumstances, the Commission is directed to "make a prompt investigation." The majority appears to concede this power but finds its scope "not properly in issue," because the Commission "has chosen to proceed via complaint in this matter." No reason is given, and I am unable to conceive of one, why the Commission's power to investigate in the absence of a complaint is somehow divested by the Commission's decision to proceed first by complaint. In my view, the Commission's powers of investigation are cumulative and it may, in a single proceeding, rely on as many sources of investigatory power as are applicable. It is therefore necessary to consider the scope of the Commission's power to investigate in the absence of a complaint.
In determining the extent of this power, the words of Judge Fuld in Holland v. Edwards, 307 N.Y. 38, 119 N.E.2d 581 (1954) are instructive: "One intent on violating the Law Against Discrimination cannot be expected to declare or announce his purpose. Far more likely is it that he will pursue his discriminatory practices in ways that are devious, by methods subtle and elusive . . . ." Id. at 45, 119 N.E.2d at 584.
The Legislature charged the Commission with the duty to investigate unlawful discriminatory practices. Precisely because those engaged in discrimination generally seek to conceal that fact, a power of investigation without the ability to compel production of evidence is utterly ineffective. The subpoena power is essential to an effective investigation. As the Supreme
[ 458 Pa. Page 572]
Court of Kansas held in construing a very similar statute: "General tenets of administrative law recognize that an agency charged with investigatory duties to ferret out violations of the law can issue subpoenas and make such investigations, even though no formal administrative hearing be pending. " Yellow Freight System, Inc. v. Kansas Commission on Civil Rights, 214 Kan. 120, 124, 519 P.2d 1092, 1095 (1974). See 1 K. Davis, Administrative Law Treatise §§ 3.01-.04, 3.14 (1958).
The basis for this salutory principle was well stated by Mr. Justice Jackson, writing for a unanimous Court in United States v. Morton Salt Co., 338 U.S. 632, 70 S. Ct. 357 (1950): "The only power that is involved here is the power to get information from those who best can give it and who are most interested in not doing so. Because judicial power is reluctant if not unable to summon evidence until it is shown to be relevant to issues in litigation, it does not follow that an administrative agency charged with seeing that the laws are enforced may not have and exercise powers of original inquiry. It has a power of inquisition, if one chooses to call it that, which is not derived from the judicial function. It is more analogous to the Grand Jury, which does not depend on a case or controversy for power to get evidence but can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not. When investigative and accusatory duties are delegated by statute to an administrative body, it, too, may take steps to inform itself as to whether there is probable violation of the law." Id. at 642-43, 70 S. Ct. at 364.
To support the conclusion that the Commission's power to use subpoenas to gather evidence is unavailable in the absence of a complaint, the majority relies upon section 7(g) of the Act. That section empowers the Commission to employ subpoenas in furtherance of
[ 458 Pa. Page 573]
its investigations "where a complaint has been properly filed with the Commission." The majority infers that this language, in the only provision whose explicit language confers such a power, evidences an intent to withhold the subpoena power in all other cases.
However, other courts have construed similar statutes and have rejected precisely this argument. Those courts have concluded, in the light of the responsibilities of agencies such as this, that such a provision cannot be read to exclude subpoena power in connection with other authorized investigations. Yellow Freight Systems, Inc. v. Kansas Commission on Civil Rights, 214 Kan. 120, 124, 519 P.2d 1092, 1095-96 (1974); In Re Broido, 40 Misc. 2d 419, 243 N.Y.S.2d 101 (1963).
Moreover, section 12(a) of the Act commands a liberal construction "for the accomplishment of the purposes [of the Act]." Lest there be any doubt as to what those purposes are, the Legislature declared: "the public policy of this Commonwealth to foster the employment of all individuals in accordance with their fullest capacities regardless of their race, color, religious creed, ancestry, age or national origin, and to safeguard their right to obtain and hold employment without such discrimination, [and] to assure equal opportunities to all individuals . . . ."*fn7
There can be no question as to which construction will better accomplish the Legislature's stated purpose. And in Commonwealth Human Relations Commission v. Moose Lodge No. 107, 448 Pa. 451, 294 A.2d 594 (1972), Mr. Justice O'Brien, writing for the Court, noted the necessity of "resolving the construction of the act in the framework of the Statutory Construction Act . . . [which] states, in part: 'That the Legislature intends to favor the public interest against any private interest.'"*fn8
[ 458 Pa. Page 574]
Here the statutory presumption favors the public interest in full execution of the substantive requirements of the Pennsylvania Human Relations Act against the private interest of appellee in shielding its employment practices from official scrutiny.
Thus, the practical requirements of full enforcement of the Act, the modern practice in administrative law, and the teachings of our own cases and those of other jurisdictions all lead to the conclusion that the Commission may utilize subpoenas in the conduct of authorized investigations, even in the absence of a formal complaint.
Appellee further contends that, even if the Commission may use its subpoena power in this case, the order of the Commonwealth Court must still be affirmed, because the Commission is without power to employ interrogatories. Appellee's argument relies upon the omission of any explicit reference to interrogatories in section 7(g). That section empowers the Commission: "To hold hearings, subpoena witnesses, compel their attendance, administer oaths, take testimony of any person under oath or affirmation and, in connection therewith, to require the production for examination of any books and papers relating to any matter under investigation . . . ."
Further, appellee suggests, without visible support in the statutory language, that the subpoena power may only be exercised in connection with Commission hearings. Grammatically, the grant of subpoena power is parallel to the grant of power to hold hearings, not dependent on it. More importantly, the Commission is only to conduct hearings after its investigation has determined
[ 458 Pa. Page 575]
that there is probable cause to believe that there has been a violation of the Act. Consequently, a limitation of the subpoena power to Commission hearings would forbid its use precisely where it is most needed -- at the stage when the Commission seeks to discover the facts. Without some firm basis for believing this to be the intent of the Legislature, such a senseless construction is impermissible. See 1 Pa.C.S. § 1922(1).
Once it is understood that the Commission's subpoena power is fully available for the purpose of investigation, the contention that it may not use interrogatories falls of its own weight. The Commission may compel the attendance of a witness, together with his books and papers, and require him to testify. What, then, could be the reason to forbid the Commission to furnish the questions in writing and allow the witness to respond in writing? By so doing the Commission accommodates the convenience of the witness. This procedure also saves both parties needless time and expense, which would be required for the taking of oral testimony. Surely the Legislature cannot have intended to limit the Commission to only the most burdensome form of evidence gathering. See 1 Pa.C.S. § 1922(1).
I would vacate the order of the Commonwealth Court and remand for further proceedings in accordance with the views expressed in this opinion.*fn9
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The government of the United Arab Emirates continued to launch initiatives to curb smoking in 2015 by establishing stricter laws and better healthcare facilities, leading to 14% value growth for NRT smoking cessation aids. Stricter rules came into effect at the beginning of 2014 when the government implemented multiple laws to discourage smoking. At the same time fully functioning smoking cessation clinics achieved higher quit rates than in the previous year.
Novartis Consumer Health remained the leading player in NRT smoking cessation aids, accounting for an 84% share of value sales in 2015. Novartis was the first company to operate in the category in the country and since then less than four players have entered the category. Therefore, the company continues to enjoy very high brand equity with its wide variety of Nicotinell products, and has been able to take advantage of its globally renowned brands, such as Nicotinell TTS, Nicotinell Gum and Nicotinell Lozenges, each of which enjoys the leading position in its respective product category. It accounted for value shares of 85% in NRT gum, 86% in NRT lozenges and 79% in NRT patches in 2015.
NRT smoking cessation aids is expected to record a value CAGR of 8% at constant 2015 prices over the forecast period, higher than the constant value CAGR of 7% witnessed over the review period. Growth will likely be driven by the country's needs to meet global levels of reducing tobacco intake and making the country healthier. Stricter laws and their enforcement, more smoking cessation clinics and an increase in awareness through government hospitals primarily targeting locals are anticipated during the forecast period.
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