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September 28, 2006
ROSCO, INC., PLAINTIFF,v.MIRROR LITE COMPANY, DEFENDANTS.
In 1996, Rosco, Inc., brought this action against Mirror Lite asserting claims of design patent infringement, trade dress infringement, false designation of origin, tortious interference with business relationships, misrepresentation in violation of 15 U.S.C. § 1125(a), and common law trademark infringement. In addition to damages, the complaint sought declaratory and injunctive relief pursuant to 29 U.S.C. §§ 2201 and 2202. Mirror Lite asserted a counterclaim of patent infringement in violation of 15 U.S.C. § 1125(a).
The matter was tried before the undersigned sitting without a jury between March 6 and March 10, 2000. After appeal to the Federal Circuit and remand for determination of infringement, I found that Rosco had infringed Mirror Lite's '984 patent. Now before this Court is (1) Mirror Lite's motion for a permanent injunction pursuant to 35 U.S.C §283; and (2)Rosco's request for limitations on the scope of post-trial damages discovery and correction of factual finding #16 of my August 26, 2005 opinion, that Rosco sold "in excess of 150,000 Hawk Eye mirrors."
Procedural History
The facts of this case have already been stated several times in the prior opinions in this case. Rosco v. Miller Lite, 139 F.Supp.2d 287 (E.D.N.Y 2001); Rosco v. Miller Lite, 304 F.3d 1373 (2d Cir. 2002). It is unnecessary to repeat them fully again here. A procedural history is offered below.
Rosco's '357 design patent relates to an oval, highly convex cross-view mirror with a black, flat metal backing. Rosco applied for this patent in April of 1992, and the patent issued in April of 1994. Mirror Lite's '984 utility patent relates to an oval cross-view mirror with a varying radius of curvature along the major axis of the convex ellipsoid mirror lens. Mirror Lite applied for this patent in September of 1992, and the patent issued in December of 1996.
In its complaint, Rosco sought a declaratory judgment that all claims of Mirror Lite's '984 patent were invalid and unenforceable due to Mirror Lite's inequitable conduct in procuring the patent and a finding that Mirror Lite infringed its '357 patent. Mirror Lite filed a counterclaim alleging that Rosco infringed the '984 patent. At trial, Mirror Lite contended that Rosco's patent was invalid as functional and therefore not infringed.
After a bench trial, I held in relevant part that Rosco's '357 patent was invalid as functional and obvious pursuant to 35 U.S.C. § 103.*fn1 I also found Mirror Lite's patent invalid under 35 U.S.C. § 102(e)*fn2 and (g).*fn3 Accordingly, I did not reach the merits of Mirror Lite's patent infringement claim.
The Federal Circuit reversed the holdings that both Rosco and Mirror Lite's patents were invalid. The Court remanded in relevant part for consideration of: 1) whether Mirror Lite had proven by clear and convincing evidence that Rosco's patent was invalid under 35 U.S.C. § 103; 2) whether Mirror Lite had infringed Rosco's patent; 3) whether Mirror Lite's patent was invalid under 35 U.S.C. §§ 102(a),*fn4 (f), and 103; 4) whether Mirror Lite's patent was unenforceable due to inequitable conduct; and 5) whether Rosco had infringed on Mirror Lite's patent.
On remand, Mirror Lite conceded that Rosco's patent was valid, while Rosco argued that Mirror Lite's '984 patent was invalid. Rosco contended that prior to the date of Mirror Lite's invention, Rosco had conceived, reduced to practice, and sold mirrors containing all the elements of claims 1, 2, 3, 6, 7, and 8 of the '984 patent, thus rendering it invalid under 35 U.S.C. § 102(a). Benjamin Englander, one of Rosco's owners, testified to that effect. Rosco introduced this mirror as Exhibit 110, called a "Hawk Eye Mirror" based on the '357 patent. Mirror Lite responded that: 1) Rosco failed to show that its previous mirror had decreasing radii of curvature along its major and minor axes and did not contain a reflective outer surface and a non-reflective inner surface; or in the alternative, 2) that Rosco could not show that it appreciated these aspects of its mirror; and 3) that Rosco could not prove that it had used this mirror publicly before the priority date of the '984 patent.
I found that Exhibit 110 did have these qualities, that Rosco had used the mirror publicly, and that Rosco had anticipated Mirror Lite's patent under 35 U.S.C. § 102. I also held that Mirror Lite's '984 patent was unenforceable due to Mirror Lite's inequitable conduct in procuring the patent. Specifically, I held that Mirror Lite had intended to mislead the examiner by failing to disclose prior art.
I also held that Rosco failed to prove its claim of infringement. In particular, Rosco sought to prove that four of Mirror Lite's mirrors infringed on Rosco's '357 patent, but Rosco had not proven that the four allegedly infringing mirrors appropriated the novelties that distinguished Rosco's '357 patent from prior art.
On appeal for the second time, the Federal Circuit reversed this Court's holding that Exhibit 110 anticipated Mirror Lite's '984 patent. Specifically, the Federal Circuit held that Rosco failed to prove by clear and convincing evidence that Exhibit 110 disclosed every claim limitation of the '984 patent because "[t]estimonial evidence of invalidity must be corroborated." Rosco, Inc. v. Mirror Lite, Co., 03-1562, 120 Fed.Appx. 832 (Fed. Cir. Jan. 19, 2005) (unpublished). Rosco presented the testimonial evidence of Benjamin Englander to the effect that he had designed Exhibit 110 and that it contained every element of claims 1, 2, 3, 6, 7, and 8 of Mirror Lite's '984 patent. Exhibit 110 itself, the Federal Circuit held, was insufficient to corroborate this testimony. Nor did the testimony of Rosco's expert witness, Harvey Manbeck, suffice because he based his testimony on Benjamin Englander's representations. With regard to my finding of inequitable conduct by Mirror Lite for failing to disclose prior art, the Federal Circuit held that there was insufficient evidence of Mirror Lite's intent to deceive. The Federal Circuit remanded "for further proceedings solely on the issue of infringement, the determination of which should be made on the existing trial record."
I thereafter determined that Mirror Lite had proven that Rosco infringed Mirror Lite's '984 patent. I also ordered limited additional discovery on two issues: (1) whether and to what extent Rosco continued to sell Hawk Eye and Mini Hawk Eye mirrors post-trial; and (2) post-trial revenue, costs, and profits Rosco has earned or incurred through sale or manufacture of Hawk Eye and Mini Hawk Eye mirrors.
Recent Factual History
Rosco now asserts, through the declaration of Benjamin Englander, that Rosco holds patents for constant curvature oval cross-view mirrors*fn5 and has manufactured such mirrors since March 2000, under the Hawk Eye and Mini Hawk Eye registered trademark.*fn6 Englander further asserts that Ed Swain, Bob West, and Jed Routh, three employees of Thomas Buses Built Buses Inc. ("Thomas Buses"), a Rosco customer, informed Englander that Daniel Swain, Vice President of Sales for Mirror Lite, and another unidentified employee of Mirror Lite told the Thomas Buses employees that Mirror Lite had won the case against Rosco, that "Rosco is locked out from the cross-view mirror business," that Thomas Buses would no longer be able to buy any Rosco oval cross-view mirrors, and that Rosco's supply agreement with Thomas Buses for oval mirrors would be null and void.
In contrast, defendant submits the declaration of Daniel Swain who states that he never told employees at Thomas Buses that Rosco was "locked out from the cross-view mirror business," that Thomas Buses could no longer buy any oval view mirrors from Rosco, or that Rosco's supply agreement with Thomas Buses for oval mirrors would be null and void. Swain further states that neither he nor anyone else at Mirror Lite ever made a statement to Thomas Buses or anyone else in the industry that Rosco cannot sell cross-view mirrors with a constant radius of curvature.
Permanent Injunction
Should an Injunction be Issued at All?
35 U.S.C. §283 grants courts the power to issue permanent injunctions. ("The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.") The Supreme Court has recently held that [a]ccording to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and the defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.
eBay Inc. v. Mercexchange, LLC, 126 S.Ct. 1837, 1839 (2006). Whether to grant or deny a permanent injunction is within the district court's equitable discretion. Id.
Rosco first urges that the injunction should be denied because it has ceased to manufacture and sell the infringing products. Cessation of production and sales is not in and of itself sufficient "sound reason" to deny a permanent injunction. W.L. Gore & Associates, Inc. v. Garlock, Inc., 842 F.2d 1275, 1282 (Fed. Cir. 1988)("The mere fact that [infringer] was no longer making or selling the infringing filament and packing products is not a sufficient ground for denying an injunction against future infringement.") Rather, the request for an injunction should be denied only when "the evidence is very persuasive that further infringement will not take place." Id. For example, where the infringer no longer had the manufacturing capacity to produce the infringing item, a permanent injunction was not appropriate. Id. In this case, the only evidence of Rosco's cessation of infringement is its own statement that it has done so. If this sufficed for the "very persuasive" evidence that infringement had permanently ceased, few permanent injunctions would issue. As explained in General Electric Co. v. New England Electric Mfg. Co., "The argument in such circumstances is very simple. If the defendant be honest in his protestations an injunction will do him no harm; if he be dishonest, the court should place a strong hand upon him...." 128 F. 738, 740 (2d Cir. 1904).
Rosco next argues that equitable considerations require that an injunction not be granted against it. Rosco submits the declaration of Benjamin Englander, who states that Mirror Lite's Vice President of Sales, Daniel Swain, and another Mirror Lite employee have approached employees of Rosco customer Thomas Buses and informed it that Mirror Lite had won the case against Rosco, that "Rosco is locked out from the cross-view mirror business," that the customer will no longer be able to buy any Rosco oval cross-view mirrors, and that Rosco's supply agreement with the customer for oval mirrors will be null and void.*fn7 Englander Declaration ¶8. Rosco asserts that it produces oval mirrors with constant radii of curvature which are not covered by the Mirror Lite Patent '984. As a result, Rosco claims that Mirror Lite's statements to Thomas Buses employees falsely represent my prior decision and attempt to parlay one patent ruling in its favor into industry domination.
In support of the argument that equitable considerations may prevent the issuance of a permanent injunction, Rosco relies on Foster v. American Machinery & Foundry Co., 492 F.2d 1317, 1324 (2d Cir. 1977), holding that, "an injunction to protect a patent against infringement, like any other injunction, is an equitable remedy to be determined by the circumstances. It is not intended as a club to be wielded by a patentee to enhance his negotiating stance." Rosco also points to Nerrney v. New York, N.Y. & H.R. Co., 83 F.2d 409, 411 (2d Cir. 1936) holding that, where "it is recognized that the only real advantage to a plaintiff in granting the injunction would be to strengthen its position . . . an injunction should not issue."
Even assuming that the only purpose of the permanent injunction were for Mirror Lite to strengthen its position, a permanent injunction would still issue because Foster and Nerrney are distinguishable from this case. In Foster the patent owner did not actually manufacture any products covered by the patent. Granting a permanent injunction would have given the patent owner a negotiating advantage in negotiations to license the infringer's use of the patent. Instead the court decided it was more equitable to grant mandatory royalties under a licensing scheme. In this case it is undisputed that Mirror Lite manufactures mirrors covered by its '984 patent. Thus, this is not a case where a mandatory licensing scheme could adequately compensate the patent owner.
In Nerrney the requested permanent injunction would have given the patent owner very little benefit, would have huge costs for the railroad infringer, and would have caused a great inconvenience to the public because compliance would necessarily slow down train schedules. In this case, the permanent injunction would not disproportionately burden Rosco. To the extent an oval mirror with a varying radius of curvature is a superior bus mirror, a permanent injunction may be of significant value to Mirror Lite. Further, in Nerrney one factor for consideration was that the permanent injunction would inconvenience the public. Here that is not the case, since to the extent the public is interested in purchasing varying radii mirrors or riding on buses equipped such mirrors, such mirrors may be obtained from Mirror Lite. Finally, even accepting Rosco's portrayal of Mirror Lite's conduct as true, its efforts at self-help are not so egregious as to forfeit its right to the legal protections of an injunction. What Should the Scope of the Injunction Be?
Rosco argues that to the extent Mirror Lite is entitled to an injunction, the proposed injunction submitted by Mirror Lite is overbroad because it: (1) prohibits Rosco from infringing "any claims of the '984 patent" including non-asserted claims 4, 5, and 9 and (2) it prohibits any sale of "Rosco's Hawk Eye and Mini Hawk Eye mirror products despite the fact that, according to Rosco, it uses the "Hawk Eye" mark for mirrors with a constant radius of curvature.
Section 283 requires that the purpose behind an injunction be "to prevent the violation of any right secured by patent." 35 U.S.C. §283. See also Eli Lilly and Co. v. Medtronic, Inc., 915 F.2d 670, 674 (Fed.Cir. 1990) ("an injunction is only proper to the extent it is 'to prevent the violation of any right secured by patent.'"). Therefore, "injunctive relief should be narrowly tailored to fit the specific legal violations." Gemveto Jewelry Co. v. Jeff Cooper Inc., 800 F.2d 256, 259 (Fed. Cir. 1986). This is because "judicial restraint of lawful competitive activities . . . must be avoided." Joy Technologies, Inc. v. Flackt, Inc., 6 F.3d 770, 777 (Fed. Cir. 1993).
Recognizing that this is the law, in its Reply Mirror Lite submits an amended proposed permanent injunction which prevents infringement only of "claims 1-3 and 6-8 of the '984 patent" and the sale of Hawk Eye and Mini Hawk Eye mirror products only to the extent they have "an oval lens with a varying radius of curvature along the major axis." Amended Proposed Permanent Injunction ¶2(b). These changes partially address Rosco's concerns.
The amended permanent injunction also prevents the sale of mirrors with a list of characteristics including "a lens with a varying radius of curvature along the major axis and with such radius decreasing from the intersection with the minor axis to the perimetral edge." Amended Proposed Permanent Injunction 2(c)(7). As this is a characteristic of the infringing Hawk Eye and Mini Hawk Eye mirrors, ¶2(c)(7) covers the infringing Hawk Eye and Mini Hawk Eye mirrors. Without resolving the question of whether Mirror Lite has improperly suggested to customers that Rosco is totally out of the business and that all of its Hawk Eye and Mini Hawk Eye mirrors infringe, ¶2(b) of the amended proposed permanent injunction, specifically referring to certain Hawk Eye and Mini Hawk Eye mirrors, should also be struck in order to avoid potential misunderstanding on the part of consumers. Specifically naming the Hawk Eye and Mini Hawk Eye models might mislead consumers into thinking that all Hawk Eye and Mini Hawk Eye mirrors are enjoined. It is sufficient to list the characteristics of infringing mirrors, which would preclude the sale of infringing Hawk Eye and Mini Hawk Eye mirrors, but not all mirrors marketed under those names.*fn8
Damages Issues
The measure of damages in an infringement case is "the difference between [the patent owner's] pecuniary condition after the infringement, and what his condition would have been if the infringement had not occurred." Aro Mfg. Co. v. Convertible Top Replacement Co., 377 U.S. 476, 507 (1964). There must be adequate evidence in the record to recover lost profits. This requires evidence of "a causal relation between the infringement and its loss of profits." BIC Leisure Prods., Inc. v. Windsurfing Int'l, Inc., 1 F.3d 1214, 1218 (Fed. Cir. 2001). Where the evidence is inadequate to establish lost profits, a Court must determine a "reasonable royalty rate." 35 U.S.C. § 284; Lindemann Mashinenfabrik GmbH v. American Hoist & Derrick Co., 895 F.2d 1403 (Fed. Cir. 1990).*fn9 Under either a lost profit or reasonable royalty measure, the patent holder must "reconstruct the market to project economic results" of what would have occurred had the market developed absent the infringing product or what agreement would have resulted had a hypothetical negotiation over royalty rates occurred. Ericsson, Inc. v. Harris Corp., 352 F.3d 1369, 1377 (Fed. Cir. 2003); Riles v. Shell Exploration & Prod. Co., 298 F.3d 1302, 1311 (Fed. Cir. 2002).
Pre-Trial Damages - Correction of Factual Finding of Number of Units Sold
In the August Opinion, Fact Finding number 16, I found that, "Between February 13, 1997, and February 23, 2000, Rosco has sold in excess of 150,000 Hawk Eye mirrors." In making this finding I explicitly relied on Rosco's Revised Findings of Fact 5. Rosco now argues that the proposed Finding of Facts submitted by Rosco counsel never became part of the pre-trial order,*fn10 and argues that the 150,000 number was a typographical error. Rosco requests that I reconsider this factual finding as the only evidence submitted at trial concerning the number of mirrors sold was testimony by Rosco Owner and Vice President of Finance, Daniel Englander, that 90,000 mirrors were sold. Trial Tr. 479, March 9, 2000. This evidence was undisputed at trial and in fact was relied on by Mirror Lite in the "lost profits" section of its Post Trial Brief on Remaining Issues. As there was no evidence in the record to support the fact that 150,000 Hawk Eye Mirrors were sold, it was a mistake to so find. As the trial evidence is uncontroverted that only 90,000 mirrors were sold, I now find that 90,000 mirrors were sold and that such number should be used in the determination of damages.
Pre-Trial Damages: Reopening Discovery
Mirror Lite filed a sur-reply arguing that my consolidation of the 1996 and 1999 cases "did not allow time for either party to make any discovery or retain any experts concerning the damages issue prior to the start of the trial on March 6, 2000" and that accordingly Mirror Lite believed that the damages issue would be heard and tried later and after full discovery. Mirror Lite thus requests that both it and Rosco now be allowed to conduct full discovery on damages, if any, occurring both before and after trial.
However, Mirror Lite never moved to bifurcate the issue of damages. It did not complain that it had inadequate time to conduct discovery on the damages issue. It presented a witness on the issue of damages and briefed the issue in its post-trial submissions. Mirror Lite did not appeal my consolidation order or its obligation to try damages. Accordingly, Mirror Lite will not be permitted to reopen the damages issue at this late date.
Post-Trial Damages: Scope of Discovery
This Court's August 26, 2005 Memorandum and Order allowed Mirror Lite to conduct discovery on post-trial damages issues:
Mirror Lite may, however, take additional discovery concerning: (1) whether and to what extent Rosco continued to sell Hawk Eye and Mini Hawk Eye mirrors after the trial; and (2) post-trial revenue, costs, and profits Rosco has earned or incurred through sale or manufacture of Hawk Eye and Mini Hawk Eye mirrors.
While Mirror Lite has been permitted to conduct discovery on post-trial revenue, costs, and profits Rosco has earned or incurred through sale or manufacture of Hawk Eye and Mini Hawk Eye Mirrors, this discovery is not intended to supplement evidence of Mirror Lite's pre-trial damages. As already stated in the August Opinion, "to the extent that Mirror Lite failed to meet this burden at trial, it will not be permitted to supplement the record to close any evidentiary gaps."
Each of Mirror Lite's interrogatories and document production requests ask for information and documents for "the period of December 31, 1996 to March 6, 2000" and "the period of March 7, 2000 to the present." The period of December 31, 1996 to March 6, 2000 is the pre-trial period. Discovery on these issues is closed and Mirror Lite will not be permitted to use discovery on post-trial damages to supplement the evidence it has already presented on pre-trial damages.
Interrogatories 1-3 and Requests for Production 1-4 request information on "mirrors" generally or on "all mirrors" without limiting their scope to Hawk Eye and Mini Hawk Eye mirrors. The discovery order specifically limited discover to issues of "post-trial revenue, costs, and profits Rosco has earned or incurred through sale or manufacture of oval Hawk Eye and Mini Hawk Eye mirrors." Thus, interrogatories and requests for production on Rosco's production, manufacture and sales of mirrors generally is beyond the scope of permissible discovery.
Rosco further argues that as some Hawk Eye and Mini Hawk Eye Mirrors have a constant radius of curvature and are thus not infringing, Mirror Lite should not be allowed any discovery as to these mirrors. In order to facilitate discovery Rosco suggests that the magistrate judge appoint an independent accountant to audit all of Rosco's books and records and provide an accounting report concerning information only on post-trial varying radii of curvature mirrors.
This solution is inadequate. Rosco is only now contending that some Hawk Eye and Mini Hawk Eye mirrors do not infringe. This may very well be the case. However, Mirror Lite is entitled to determine for itself whether or not some Hawk Eye and Mini Hawk Eye mirrors have a constant radius of curvature and thus do not infringe. An independent accountant is not qualified to investigate the mirrors and make such a determination. Thus, Mirror Lite will be permitted to conduct its own discovery and will not be limited only to a report by an independent accountant. However, discovery of revenues and costs may be limited to those mirrors which are prima facie infringing.
Finally, Rosco objects that Mirror Lite's interrogatories and production requests ask for information about hardware that is nowhere recited in the claims found to be infringed such as supplier names and cost of "tripod mounting brackets" "mounting bases, "cross view arms," "mirror arms," "trigger grip bases," "goosenecks," "twist arms," and "bracket kits."*fn11 Rosco is correct that these components are not themselves alleged to have infringed. However, to the extent Mirror Lite will attempt to establish a "reasonable royalty rate" it may be relevant to know the full construction cost of the infringing mirrors, not just the cost of the infringing components. This will assist Mirror Lite in determining the value of the infringing components to Rosco and what part of Rosco's profit may be attributed to the infringing components. Austral Sales Corp. v. Jamestown Metal Equipment Co., 45 F. Supp 360 (W.D.N.Y 1942) (calculating a reasonable royalty based on the infringer's profits). Thus, discovery on this issue is permitted.
For the reasons set forth above, Mirror Lite's request for a permanent injunction is granted and its amended proposed permanent injunction, excepting ¶2(b) will be entered upon resolution of the remaining damages issues. The pre-trial sale figure of 90,000 infringing mirrors is adopted. Discovery is precluded as to inquiries concerning the December 31, 1996 to March 6, 2000 period and to the extent it requests information on "all mirrors" or on "mirrors" generally.
The Clerk is directed to furnish a filed copy of the within to all parties and to the Magistrate Judge.
Charles P. Sifton (electronically signed) United States District Judge
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United States District Court, Second Circuit
June 7, 2013
BEST INDUSTRIES (PVT), LTD., Plaintiff,v.PEGASUS MARITIME, INC., PEGASUS SHIPPING, INC., and DCE TRUCKING CORP., Defendants. PEGASUS MARITIME, INC. and PEGASUS SHIPPING, INC., Third-Party Plaintiffs,v.M/V APL PEARL, her engines, tackle, boilers, etc., in rem, APL CO. PTE LTD., AMERICAN PRESIDENT LINES, LTD., and HANJIN SHIPPING CO., LTD., in personam, Third-Party Defendants.
Julius Vincent Reppert, Esq., Reppert Kelly LLP, New York, NY, for Plaintiff.
Justin Matthew Heilig, Esq., Hill Rivkins LLP, New York, NY, for Defendants Pegasus Maritime, Inc. and Pegasus Shipping, Inc.
Randolph H. Donatelli, Esq., Cichanowicz, Callan, Keane, Vengrow & Textor, New York, NY, for Third-Party Defendants.
SHIRA A. SCHEINDLIN, District Judge.
Defendants Pegasus Maritime, Inc. and Pegasus Shipping, Inc. (collectively, "Pegasus") filed a third-party complaint against third-party defendants Hanjin Shipping Co., APL Co., and American President Lines, Ltd. (collectively, "third-party defendants"), and also against a vessel in rem. All causes are designated as admiralty claims under Federal Rule of Civil Procedure 9(h).
Because this action stems from an admiralty claim, Pegasus invoked the liberal third-party practice provisions of Rule 14(c), which in addition to ordinary impleader rules, allows third-party plaintiffs to "demand judgment in the [original] plaintiff's favor against the third-party defendant."[1] The Rule then provides that "the third-party defendant must defend under Rule 12 against the plaintiff's claim as well as the third-party plaintiff's claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff."[2]
Plaintiff Best Industries (Pvt), Ltd. ("Best") subsequently emailed a "Stipulation and Order of Partial Dismissal" to the Clerk of the Court.[3] This Stipulation purports to dismiss Best's claims against the in personam third-party defendants, presumably via Rule 41(a)(1)(A)(ii). Pegasus responded by letter to this Court arguing that the Stipulation should not be accepted because Pegasus does not consent and because it has the right to assert Best's claims within the current action, regardless of Best's wishes, under Rule 14(c)(2). For the following reasons, I am persuaded by Pegasus's argument and decline to order the proposed stipulation.
A. Rule 14 Precludes Dismissal
Rule 14(c)(2) states:
The third-party plaintiff may demand judgment in the plaintiff's favor against the third-party defendant. In that event, the third-party defendant must defend under Rule 12 against the plaintiff's claim as well as the third-party plaintiff's claim; and the action proceeds as if the plaintiff had sued both the third-party defendant and the third-party plaintiff.
The question is whether the third-party plaintiff, having demanded judgment against a third-party defendant in favor of the original plaintiff, may continue to prosecute that claim even if the plaintiff wishes to dismiss its claims against the third-party defendant. While there does not appear to be any controlling precedent on this precise issue, both the plain text and the purposes of Rule 14(c)(2) suggest that such third-party claims may not be dismissed by stipulation without the consent of the third-party plaintiff.
The plain text of Rule 14(c)(2) does not simply give plaintiff the option to bring direct claims against a third-party defendant - indeed, that would be the ordinary procedure for impleader under Rule 14(a)(3). Instead, Rule 14(c)(2) clearly states that it is the third-party plaintiff who may demand judgment in the plaintiff's favor.[4] The Rule's text does not provide plaintiff with the choice to withdraw claims against a third-party defendant. Indeed, the Rule states that if the third-party plaintiff demands judgment in favor of the plaintiff, "the third-party defendant must defend under Rule 12...."[5]
While authority on the matter is extremely limited, [6] the only case that can be considered on point confirms this reading. In Texaco Exploration & Production Co. v. AmClyde Engineered Products Co., [7] the original plaintiff moved to strike the addition of a third-party defendant against whom the original plaintiff's claims were asserted by a third-party plaintiff under Rule 14(c)(2). The Fifth Circuit explained that when claims are made against a third-party defendant under Rule 14(c)(2), "the plaintiff is then required to assert his claims directly against the third-party defendant."[8]
An examination of the purposes of Rule 14(c) further supports the conclusion that plaintiff cannot dismiss a 14(c)(2) impleader against a third-party defendant without the consent of the third-party plaintiff. "Rule 14(c) was designed to expedite and consolidate admiralty actions by permitting a third-party plaintiff to demand judgment against a third-party defendant in favor of the plaintiff."[9] The Rule 14(c)(2) provisions were included to incorporate admiralty's history of "liberal third-party practice" into the Federal Rules of Civil Procedure, including "defendant's traditional right to demand judgment directly in favor of plaintiff."[10] Because, as discussed above, the text of the Rule also supports this conclusion, the Rule should be interpreted to maintain this "traditional right."
B. The Stipulation Does Not Meet the Requirements of Rule 41
Furthermore, the requirements of Rule 41(a)(1)(A)(ii) were not met in this case. The Rule requires that "a stipulation of dismissal [be] signed by all parties who have appeared."[11] Both Pegasus and the third-party defendants have appeared, [12] and the claims against the third-party defendants originated in Pegasus's Third-Party Complaint.[13] Pegasus did not sign the Stipulation.
The case law confirms this understanding of Rule 41. In one case, plaintiff sought to dismiss only a select number of defendants from the action after they had appeared.[14] The stipulation was signed by plaintiff and only the defendants for whom the action was to be dismissed.[15] The district court held that dismissal by stipulation under Rule 41(a)(1)(A)(ii) was unavailable, since not all parties had signed the stipulation.[16]
For all of the reasons stated above, Best and the third-party defendants may not dismiss by stipulation the claims brought by Pegasus in favor of Best under Rule 14(c)(2) without the agreement of all parties in the case. As such, this Court rejects the proposed stipulation.
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PZ Myers 003
If you got here from Conservepedia then you should know I think very highly of PZ Myers and think very lowly of conservative agendas. To quote Carl Sagan, "what are the conservatives conserving?"
Ignorance and the self interests of big money, if you ask me.
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Taken on March 12, 2010


text:
Diploma of Youth Work
Australian College of Applied Psychology (ACAP)
Whether you want to improve your communication skills or gain qualifications to practise professionally, ACAP is the place for you.
|Mid Year Intake?
|Study Mode
|Entry Requirements
|Full-time internal, Part-time internal
No minimum education
|Full-time internal, Part-time internal
|Full-time internal, Part-time internal
Course Description
This qualification is part of the Community Services Training Package. It reflects the role of people with responsibility for the development and the outcomes of programs and services for young people managed through a range of agencies and designed to meet the social, behavioural, health, welfare, developmental and protection needs of young people. This work may be undertaken through employment in community, government and welfare agencies.
Subjects you can Study
Core: Develop, facilitate and monitor all aspects of case management; Develop, implement and review services and programs to meet client needs; Analyse impacts of sociological factors on clients in community work and services; Identify and respond to children and young people at risk; Manage service response to young people in crisis; plus more. Electives: Undertake outreach work; Respond holistically to client issues and refer appropriately; Recruit and coordinate volunteers; Develop and implement policy; plus more.RTO code: HE; 0500
DiplomaCourse code: CHC50413
- Full-time internal = 1 year
- Part-time internal = 2.5 years
- Full-time internal = 1 year
- Part-time internal = 2.5 years
- Full-time internal = 1 year
- Part-time internal = 2.5 years
21 units: 17 core; 4 elective
Entry Requirements
No minimum education
Enrolment Enquiries
Life after Study
Related Careers
Community Worker
Community workers encourage and assist community groups to identify their needs, participate in decision-making and develop appropriate services and facilities to meet those needs.
Youth Worker
Youth workers work with and support young people, either individually or in groups, by developing and facilitating programmes that address social, behavioural, welfare, developmental and protection needs.
About Australian College of Applied Psychology (ACAP)
About ACAP
The Australian College of Applied Psychology (ACAP) has been delivering specialist courses in applied psychology education for more than 30 years. ACAP equips its graduates to work in psychology, counselling, coaching, youth work, social science and social work. Students are prepared professionally and personally to work in both community and corporate settings, bringing not only practical skills, but also ethical standards and the values of integrity, equity and social justice to their roles.
ACAP offers a Bachelor of Psychological Science at its Sydney and Melbourne campuses, which provides the first step toward a career in psychology or further study in the field. This course now offers a second major in Criminology, on completion of 11 units covering aspects of criminal justice, cultural diversity, ethics, theoretical and applied criminology, transnational crime, Indigenous justice and mental health. The three elective topics are: international or youth justice and forensic psychology. The Criminology major is available on-campus in Melbourne or online. Students in NSW may complete the Bachelor program on-campus in Sydney and the criminology units online.
The Bachelor of Applied Social Science is available at the Sydney, Melbourne and Brisbane campuses, and gives students the option to specialise in counselling, coaching or general social science. Its program includes two student placements.
All ACAP courses are available full-time or part-time, both on campus and via online or blended delivery. Students may commence study in February, May or September.
ACAP has gained national accreditation for its higher education courses. It was the first private provider to gain this recognition in the field of counselling and the first non-university provider to be recognised by the Australian Psychology Accreditation Council (APAC). All ACAP psychology courses are accredited by APAC. ACAP's Bachelor of Social Science (Counselling) is accredited by the Psychotherapy and Counselling Federation of Australia (PACFA). ACAP is also the first non-university provider in Australia to offer a Master of Social Work and its courses are also accredited by the Australian Association of Social Workers (AASW).
Students are taught by both academics and practising professionals with a depth of first-hand experience and an understanding of current workplace standards. All students, whether studying on-campus or online, have access to ACAP's online class spaces, where they can obtain course materials, submit assessments and communicate with peers and their teachers.
Applications can be submitted directly to the institution or through the Victorian Tertiary Admissions Centre (VTAC) for Victorian students and the Universities Admissions Centre (UAC) for NSW students. For entry criteria and requirements, visit acap.edu.au.
As a private institution, ACAP charges full fees for its courses. It is also a government-approved vocational and higher education provider, which means domestic students in approved courses can access VET FEE-HELP and FEE-HELP loans to cover part or all of their tuition fees. Eligibility criteria apply, and maximum tuition fees can be found on ACAP's website.
For more information:
Phone: 1800 061 199
Like us on Facebook: www.facebook.com/acapstudents
Follow us on Twitter: @acapstudents
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text:
The average cost for a Sway Bar End Link Replacement - Rear is between $118 and $239. Labor costs are estimated between $70 and $89 while parts are priced between $48 and $150. Get a personalized estimate based on your location and specific car. Estimate does not include taxes and fees.
Rear Sway Bar Link Replacement Cost for Buick Enclave
Sway Bar End Link Replacement - Rear Estimate (National Average)
Validated estimate range for national average.
View Estimate Details
Parts & Labor Breakdown
Labor: $70 - $89
Parts: $48 - $150
Estimate does not include taxes and fees.
Best Practices
During an inspection the repair shop may feel looseness in the link ends even though you didn't hear any noises. Buick Enclave sway bar links should be replaced at this time.
Common Symptoms
When the rear sway bar links are bad, there will be a clicking or knocking noise from the rear suspension when going over bumps.
Last step before receiving your estimate:
* Estimate for all Buick Enclave model years. Get a more accurate price by entering in your year.


text:
Having unnecessary fat in different areas of your body can have a considerable influence on your health and self-confidence. While traditional weight reduction through workout and diet is a terrific method to slim down overall, even the very best workouts cannot target issue areas like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is used to get rid of excess fat from specific areas of the body, enabling a specific to form and contour their body to their preference. Is liposuction right for you? Find out now.
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text:
Is it weird that I act like a cat?
I hiss when I am angry and I purr when I am happy
Is there something wrong with me
▼Scroll down for more questions▼
Answers (10)
vote up or down the answers
ppl in my class hiss when other ppl r being annoying
on February 22
Not at all!
People who act like cats are neat!
People who act like cats are neat!
on January 27
I thought that I was weird! It's nice to finally find someone else who does this. ^-^;
on January 23
No not at all i have friends just like that
on January 22
Yay thank you I had no clue and people told me I was crazy
on January 22
on January 22
Not at all!
on January 22
nope, completely normal. Stuff I also do on a regular basis :3
on January 22
I meow randomly at first it was to be silly but now I can't stop, your not the only one ^.^U
on January 22
No, I hiss like a cat also, when people scare me. I do it so often that it has become an automatic reflex!
on January 22


text:
Oh gosh!
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Boxing: Joshua vs Molina @ The Golden Horseshoe Ca
The North West of England
Jeff Dunham Tickets
The Zero Theorem Trailer


text:
Red Sails Looseleaf ... VLE-4280
AAS winner in 1985.
Loose leaf lettuce with a fairly crunchy midrib and bronzed, ruffled leaves.
Heat tolerant & slow to bolt.
Takes cold well if given protection. Always popular and often requested.
BOTANICAL NAME: Lactuca sativa
Start in flats or direct seed. Cold frames extend season. Fertile, composted soil that is loose, not too acid, well-drained, and in good tilth with adequate nitrogen and moisture promotes fast growth for best flavor. In hot climates, use shade cloth or plant where there is morning sun only. Pick outer leaves every 10 days or so, leaving a central rosette of 6-8 leaves. Or cut entire heads and plan on sowing every 2 weeks.
GROW BIOINTENSIVE® CULTURAL INFORMATION: Annual/ C, W/Matures 6-12/Harvest 1-3/Yield 135-540/Spacing 8-9"
ADDITIONAL INFORMATION : Easy to grow, tolerates winter cold, tolerates hot weather


text:
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Home /
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New Jersey Superior Court, Appellate Division
Decided: April 19, 1949.
SYLVIA R. SPITALNY, PLAINTIFF-APPELLANT,v.MELVIN SPITALNY, DEFENDANT-RESPONDENT
On appeal from the Superior Court.
McGeehan, Donges and Colie.
[3 NJSuper Page 77]
The plaintiff wife sought a decree in the former Court of Chancery for support and maintenance. Plaintiff and defendant were married in 1937 and a daughter was born, now eight years of age. In 1947 the defendant left the plaintiff and from the date of separation has paid her $45 a week until October, 1947. After final hearing, the court awarded plaintiff $60 a week from the date of the decree for the support and maintenance of herself and the daughter and a counsel fee to her attorney of $750. The plaintiff's appeal attacks the amount of the decree and alleges that it should have been retroactive from the date of separation. The defendant's appeal attacks the amount of the counsel fee.
A review of the testimony convinces us that the judgment awarding $60 a week was proper in view of the defendant's earnings. We see no reason to disturb the judgment in this respect. As to the award of $750 counsel fee, we point out that there had been a previous award of $150, that the husband had paid $45 a week up to the institution of proceedings by the wife, that the only question at issue was the quantum of the weekly allowance to be made, the unjustifiable separation having been admitted, and that under these circumstances the award of $750 should be reduced to $350. The judgment under appeal is modified in that respect and in all other respects affirmed.
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Lawn & garden equipment for homeowners
We have a wide range of log splitters for residential use as well as those who work professionally. The splitters are ergonomically designed, powerful and tough to handle the job it's asked to do.
Copyright © 2008-2013 Husqvarna AB (publ). All rights reserved. All prices shown are recommended retail prices.
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text: Hi I have only been diagnosed with asthma not so long ago and for a few weeks I have been ill with a really bad cough which is interfering with my asthma. Occasionally when I cough I would struggle to breathe after and I would have to take a puff on my inhaler. My friend isn't being supportive anymore so it just makes me feel worse which makes me panic and I end up also having a panic attack. Because I have had to take my inhaler more does that mean it's not properly controlled? By the way I have had 2 attacks during lessons and it embarrasses me because everyone would be staring at me but at least my teacher is really nice. He keeps me calm and helps me get my breathing back to almost normal.


text:
I am based at the Department of Infectious Disease Epidemiology. My work with the Applied HIV Epidemiology research group centres on the development and application of mathematical models for interpreting surveillence data, analyzing control trials and planning interventions. The overall aim of this research is to come to conclusions about the optimal use of limited resources in the response to HIV epidemic worldwide.
I direct the HIV Modelling Consortium, which is a network epidemiologists, mathematical modellers and health-economists. I also work with UNAIDS and the Reference Group on Estimates, Modelling and Projections in developing the methods for calculating international AIDS statistics.
I serve on the PEPFAR Scientific Advisory Board and am a member of the editorial board of PLoS Medicine
I co-direct the MSc course in Epidemiology and lecture on the Department's short course on Infectious Disease Modelling.
I am also an Affiliate Associate Professor at the University of Washington, Department of Global Health.
Estimating Incidence Spreadsheet (AIDS, 2010)
Child Mortality Bias Estimation Model (Bulletin WHO, 2010)
et al., 2016, The Incidence Patterns Model to Estimate the Distribution of New HIV Infections in Sub-Saharan Africa: Development and Validation of a Mathematical Model., Plos Med, Vol:13
Cooke GS, Hallett TB, 2016, HCV and HIV: shared challenges, shared solutions, Lancet Infectious Diseases, Vol:16, ISSN:1473-3099, Pages:755-756
et al., 2016, How Much Do We Know about Drug Resistance Due to PrEP Use? Analysis of Experts' Opinion and Its Influence on the Projected Public Health Impact, Plos One, Vol:11, ISSN:1932-6203
et al., 2016, Providing a conceptual framework for HIV prevention cascades and assessing feasibility of empirical measurement with data from east Zimbabwe: a case study, Lancet Hiv, Vol:3, ISSN:2352-3018, Pages:E297-E306
et al., 2016, Evaluation of geospatial methods to generate subnational HIV prevalence estimates for local level planning, Aids, Vol:30, ISSN:0269-9370, Pages:1467-1474


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Looking for the best air purifier for dust, smoke, and allergies? Look no further than the Venta White LW 45 Airwasher - 7045536. The all new Venta Airwasher has been designed to be one of the most compact dual air purifier and humidifier on the market. The secret is the Venta LW 25 doesn't require any filters, instead it uses a series of spinning disks that are stacked in the water to clean the air. In addition to being filter-less, the Venta LW 25 Airwasher offers multiple features such an automatic shut-off, low water level indicator, as well as an energy efficient design. With a low water indicator and auto shut-off, the Venta Airwasher warns you when the water level becomes too low, and then shuts-off once the water has depleted. If this isn't enough, by having an energy efficient design, this air purifier only requires less than 10 watts of electricity, which will save you money in the long run! Enjoy clean, fresh air, that is free of allergens, dust and even tobacco smoke (when applicable), with the Venta Airwasher LW 25.
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Venta LW45
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Comments about Venta White LW 45 Airwasher:
We have two LW45's and love them! Low maintenance. Very well made, compact and quiet. Humidifies very well and cuts down on dust greatly. Will not over humidify. Over the years, we've tried several other types and the Venta is easily the best!
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I've been an Abt customer for over twenty five years, and I can tell you that their quality of service and delivery are unmatched.
Bottom Line Yes, I would recommend this to a friend
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What are you doing this New Year's eve? With the end of the year sneaking upon us, it's time to make plans! While most Japanese go home to spend time with their families and visit shrines at midnight for hatsumoude (see our hatsumoude guide) the clubbing scene and countdown events are an increasingly popular way to ring in the New Year. Check out our list for some of Fukuoka's hottest spots to celebrate the end of the year….
Bayside Place Hakata
Party Name: Countdown 2015
Date: Dec. 31
Time: 18:00 ~ 3:00
Price: Advance sale ¥2,015, doorsale ¥2,500, includes one drink
URL: http://www.baysideplace.jp/
Tel: 092-281-7701
Address: 13-6 Chikkohonmachi, Hakata Ward,
Reason to go: This year Bayside Place Hakata will welcome an international DJ, Yoshihiro Okino from Kyoto Jazz Massive/Especial Records, on top of the already-popular line up of local DJs that pump up the annual countdown event! Enjoy one of Fukuoka's largest outdoor countdown events.
Goodbeer Faucets Hakata
Party Name: Countdown… all you can drink!
Date: Dec. 31
Time: 18:30 ~ 1:30
Price: ¥2,500 for all you can drink!
URL: http://hakata.goodbeerfaucets.jp/
Tel: 092-726-5546
Address: North Building 2F, 3-5-7 Barbizon 103 Haruyoshi, Chuo-ku
Reason to go: For only ¥2,500, drink as much beer as you want! With a carefully picked, top-notch selection of 42 international and national craft beers, It's a dream-come-true New Year's eve for beer lovers! Dinner and finger-foods are also available.
Hilton Fukuoka Sea Hawk
Party Name: Countdown Party 2015
Date: Dec. 31
Time: 22:30 ~ 24:30
Price: ¥6,500 for adults, ¥3,250 for kids, includes a light buffet and a glass of sparkling wine
URL: http://www.hiltonfukuokaseahawk.jp/campaign/restaurants/seala/1039
Tel: 092-844-8111
Address: 2-2-3 Jigyohama, Chuo-ku, Fukuoka
Reason to go: With a delicious buffet and a glass of sparkling, welcome the New Year in style with your family or your significant other.
Hard Rock Cafe
Party Name: 2015-2015 Countdown Party!
Date: Dec. 31
Time: 22:00 ~ 1:00
Price: ¥3,800 (reservations required)
URL: https://www.facebook.com/events/844978985522385/
Tel: 092-832-5050
Address: 2-2-1 Jigyohama, Chuo Ward, Fukuoka
Reason to go: Your ticket includes an American style buffet and a raffle ticket. LOVE FM DJ Lue and Justin will be the MCs for the night, with performances from Raspberry Dream, the winner of the Hard Rock Rising band contest this year. Welcome the New Year in hard rock style! (web)
Club Cats
Party Name: Countdown 2015
Date: Dec. 31
Time: 21:00 ~ late
Price: ¥3,500 for men, ¥1,500 for women, includes two drinks.
URL: https://www.facebook.com/catsfukuoka?fref=ts
Tel: 092-732-9600
Address: Tenjin, 3 Chome−7−13, 第13ラインビル5F
Reason to go: Club Cats is a popular club especially amongst the younger generation. A line up of local favorite DJs will be pumping the night, including Baby Boss, MC Dazzy, Yossy, Kazuma and more.
Club X
Party Name: 2014 ~ 2015 Countdown
Date: Dec. 31
Time: 21:00 ~ late
Price: ¥3,000 for men, ¥2,000 for women, includes one drink. After party: Men & women ¥1,000 (one drink included)
URL: https://www.facebook.com/ClubXXo?fref=ts
Tel: 092-741-3800
Address: 1-8-38, Maizuru, Chuo-ku, Fukuoka
Reason to go: Another popular club amongst the younger generation, Club X is always packed and alive until the early hours of the morning.
Party Name: New Year's Eve 2015
Date: Dec. 31
Time: 21:00 ~ 5:00
Price: ¥1,500 entry, includes one drink. Champagne three bottles for ¥10,000, Energy Drink Cocktails ¥500
URL: https://www.facebook.com/echofukuoka/timeline
Tel: 090-9483-0621
Address: 1F Tenjin Okabe Bldg. 3-6-12 Tenjin, Chuo-ku, Fukuoka
Reason to go: Ring in the New Year in style at Echo. Fukuoka's #1 team of international DJs will keep the party going all night, playing the best in electronic music on Echo's incredible sound system. With specials on champagne and Shark cocktails, it'll be one of the most reasonable place to celebrate the countdown. College students get free entry with a student ID!
Party Name: Infinity's 2015 Countdown Party
Date: Dec. 31
Time: 21:00 ~ 5:00
Price: Men ¥3000, women ¥2000 for free drinks!
URL: http://infinityfukuoka.com/
Tel: 092-711-8828
Address: 1−12−52, Daimyo, Chuo-ku
Reason to go: This foreign-owned nightclub offers the latest music with a thumping sound system. The bartenders are energetic and friendly, and the place is known to be packed on the weekends. Enjoy their full-range premium cocktails, and dance the night away to the New Year at one of Fukuoka's favorite clubbing spots!
Two Dogs Sports Bar and Grill
Party Name: Two Dogs Countdown Party
Date: Dec. 31
Time: 18:00 ~ 3:00
Price: Not specified.
URL: No URL (only FN review)
Tel: 092 406 9822
Address: 1-9-21 Maizuru, Chuo-ku
Reason to go: With over 40 world class beers and plenty of food, this newly opened sports bar is the latest hangout spot in Oyafuko dori. They also have three 60 inch TVs and a projector to catch all the action, so come kick back at Two Dogs and enjoy the special New Year's eve deals.
Happy Cock
Party Name: Countdown Party 2015
Date: Dec. 31
Time: 20:00 ~ 5:00
Price: ¥2,500 for women, ¥3,000 for men, includes all-you-can-drink deal at the bar.
URL: https://www.facebook.com/events/310549875820619/
Tel: 092-734-2686
Address: 5 & 9F Mountain Building, 2-5-11 Daimyo, Chuo-ku, Fukuoka
Reason to go: It's going to be a cracker of a night at Happy Cock as usual! With their cheap all-you-can-drink deals, it's expected to be packed throughout the night. Get in early to avoid disappointment.
Huis Ten Bosch
Party Name: Huis Ten Bosch Countdown 2014-2015
Date: Dec. 31
Time: 18:00 ~ 3:00
Price Various deals depending on transport and whole day or half day packages. Check out full details here
URL: http://www.huistenbosch.co.jp/event/countdown/
Tel: 0570-064-110
Address: 1-1 Huis Ten Bosch Machi, Sasebo, Nagasaki
Reason to go: Huis Ten Bosch is a Dutch-inspired theme park in Sasebo, Nagasaki, offering an impressive display of flowers, illuminations and attractions all-year round. Their countdown is known for one of the biggest display of fireworks in Japan, with live performances from dance groups and DJs every year.
Party Name: New Year Cruise
Date: Jan. 1st. 2015
Time: 7:00am ~ 8:15am
Price: ¥5,000 for adults, ¥4,000 for children under 12
URL: http://www.mariera.jp/event/detail.php?id=168
Tel: 092-751-7171
Address: 13-6 Chikkohonmachi, Hakata-ku, Fukuoka
Reason to go: Champagne, osechi food and the first sunrise of the year. Mariera offers a stylish way of welcoming the New Years on a cruise ship with a spacious deck and dining space, going around Hakata Bay.
Mitsui Greenland
Party Name: Greenland Countdown DX
Date: Dec. 31
Time: 21:30 ~ 2:00
Price: Various deals available depending bookings, and whole day or half day packages. Check out different rates here
URL: http://www.greenland.co.jp/park/news/2014/10271140.html
Tel: 0968-66-1112
Address: Midorigaoka Arao, Kumamoto
Reason to go: Mitsui Greenland is a great theme park for families, with many attractions suitable for young children and elders alike. Spend the day on rollercoasters, then enjoy the display of fireworks and live performances at night.
Space World
Party Name: That's Countdown! 2014-2015
Date: Dec. 31
Time: 10:00 ~ 2:00
Price: Adult pass for countdown event is ¥3,600, primary school and under ¥2,570. Entry limited to after 16:00. Other deals available depending on bookings and whole day packages. Check out more rates on their website.
URL: http://www.spaceworld.co.jp/
Tel: 093-672-3600
Address: 4-1-1 Higashida, Yahatahigashi Ward, Kitakyushu, Fukuoka
Reason to go: An adrenaline junkie's New Year's eve! Space World is famous for its fast and thrilling roller coasters and other attractions. Spend all day on rollercoasters, and enjoy live performances and a fireworks display at night. (web)
International Bar
Party Name: Inter Bar Countdown Party
Date: Dec. 31
Time: 21:00 ~ 5:00
Price: No cover charge
URL: https://www.facebook.com/pages/International-Bar/131889883579496
Tel: 092-714-2179
Address: Urashima Bldg, 4F 3-1-13 Tenjin Chuo-ku
Reason to go: International Bar is located in the heart of Tenjin, and as the name suggests it attracts an international crowd. Dance and sing the night away, whilst enjoying karaoke and toshikoshi-soba (New Year's soba)
Mojiko Retro
Party Name: Countdown in Mojiko
Date: Dec. 31
Time: 22:30~00:30
Price: Free
URL: http://www.rurubu.com/event/detail.aspx?ID=14164
Tel: 093-331-2205
Address: 9−11, Minato-machi, Moji Ward, Kitakyushu
Reason to go: This historical train station will be completely lit up, and welcome the New Year with fireworks and live performances.
Mills Fukuoka
Party Name: Countdown to 2015
Date: Dec. 31
Time: 22:00 ~ 5:00
Price: Advance: ¥3,000, Door: ¥3,500, includes one drink.
URL: http://www.mills.co.jp/5345/count-down-to-2015/
Tel: 092-733-1167
Address: 4-28-2, Chuo Ward, Imaizumi
Reason to go: Mills will be offering a line up of world class DJs including Cream, who has provided music for Teriyaki Boyz, BoA and V6. Guaranteed that they will have the beats sorted for you to welcome the New Year with a bang.


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#24 - acvirtutisI completely missed the misogynistic undertones of the question and took it as a commentary about the slow, but relentless alienation of the rights of the American people by the fearmongerers in Congress.
Then I reread it and chuckled.
Reply +8 123456789123345869(05/19/2013) [-]
Then I reread it and chuckled.


text:
Fattburger - Fattburger's Greatest Hits (2007)
- 29-12-2013, 01:43
- Jazz | Smooth Jazz | Funk | FLAC / APE
Artist: Fattburger
Title Of Album: Fattburger's Greatest Hits
Year Of Release: 2007
Label: Shanachie Entertainment
Genre: Smooth Jazz
Format: FLAC (tracks) / MP3
Bitrate: Lossless / CBR 320 kBit/s
Total Time: 56:44 min
Total Size: 430 MB / 171 MB
WebSite: Fattburger.com
01. Oye Como Va [04:04]
02. Anything's Possible [04:32]
03. The Doctor [05:43]
04. Work To Do [04:18]
05. You've Got Mail [05:17]
06. Creepin' [04:38]
07. Good News [05:57]
08. Groovin' (On A Sunday Afternoon) [03:38]
09. Sizzlin' [04:29]
10. Trail of Tears [04:02]
11. Evil Ways [04:37]
12. Do That Again [05:26]
Few bands in contemporary jazz have enjoyed the longevity and career milestones of Fattburger. In an industry where artists come and go and fads quickly fade, Fattburger has managed to hold its ground as true originals and pioneers. Their potent mix of jazz, funk, R&B and Latin music, propelled by killer rhythms have made them perennial radio favorites and catapulted them to the top of the Billboard charts repeatedly. Smooth Jazz News heralds the band as "cutting edge creative forces that grow more aggressive and exciting over time" while JazzTimes Magazine calls Fattburger "A welcome oasis in the desert of trendy and formula - saddled music." Fattburger's infectious trademark sound has influenced an entire new generation of instrumental musicians.
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text:
Iron Lantern Distressed Design with Glass
If you love industrial lanterns then you definitely can't pass up this one. Designed like a box, this lantern is crafted from a combination of glass and glavanized iron.
It features a rectangular shape with glass windows on four sides. A thin iron rod serves as the handle on top to make it easy to hang or move the lantern around.
The entire lantern is painted in a particular shade and then distressed to give off a unique, vintage effect. This makes it look like it's been hanging around your family for years. Take your pick from four different colours and two different sizes. You'll find one that matches your taste.
Materials Used: Galvanized Iron and Glass
Raw and distressed finish
Beautiful square shape
Available in four colours and two sizes
Height: 49 cm
Width: 23 cm
Depth: 23 cm
Height: 61 cm
Width: 26 cm
Depth: 25 cm
Product information
- Lanette
- Candle holders
- Out There Interiors
Colour: Iron Lantern in Aubergine, Iron Lantern in Petrol
Delivery and returns
This item is sold and dispatched directly by Out There Interiors.
|Delivery cost
|England - standard delivery
|Scotland - standard delivery
|Wales - standard delivery
|Northern Ireland
|Highlands/Islands of Scotland
|Need delivery to somewhere else in Europe? Get a quick quotation...
We offer a 14 day no-quibble money-back guarantee, so if you're not delighted with your purchase you can return it for a refund. Note that bespoke and made-to-order items are excluded.
About the seller
Out There Interiors is a dynamic interiors company committed to delivering not only gorgeous furniture but also an unbeatable customer service experience. More about Out There Interiors...
Guaranteed and secure
- 14 day no-quibble returns *
- 100% safe and secure payments


text:
An Online Resource Library Supporting Professionals Ending Gender-Based Violence.
Special attention is paid to rights and remedies under the FCRA.
"WE STAND against white supremacy, racism, misogyny, homophobia, transphobia, xenophobia, and all other forms of structural oppression." Read more from the NRCDV's WE STAND statement.
Help choose the winner of the DVAM YouTube Challenge, Supporting Children and Youth Exposed to Domestic Violence and their Abused Parents, sponsored by the Family Violence Prevention and Services Act (FVPSA) Program. Voting starts on November 15th and ends on November 30th.
This new Special Collection developed by the National Indigenous Women's Resource Center offers a historical and cultural context of Native peoples in the United States, explores Native communities' experiences of violence, oppression, justice, and resilience, and provides access to tribal advocacy resources.
Designed in collaboration with the National Council of Teachers of English, Lessons from Literature extends and enriches existing the core literature curriculum while raising student's awareness of relationship abuse.


text:
Mariah Carey Exposes Her Private Part as She Goes Commando in Short Dress
- 09:25 AM, Dec 03
"Whip It!" Los Angeles Premiere - Arrivals
Photo credit: Glenn Harris / PR Photos
To fit your screen, we scale this picture smaller than its actual size. The original picture size is 406x600 pixels and this photo has been viewed 6369 times since September 29, 2009


text:
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dresses for wedding pearlShowing 1 - 24 of 104 Items
Elegant Bridesmaid Dress with Delicate Criss Cross
Description: Fancy satin evening dress fulfills your dream to have an amazing look in the wedding party. Pleats detailed... Product Detail»
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Couture Designed Illusion Satin Bridal Gown
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One-shoulder Strap Gossamer Chiffon Sheath Bridal Gown with Pearl Detail
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Asymmetrical Halter Rosette Neck Ruche Wedding Wear
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New Arrival Pearl Pink Feminine Rakish Frock
Description: Choosing what you like is basic right on our website. For this dress, strapless neckline begins the fitting ... Product Detail»
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Stunning A-line Cocktail Dress with Adorable Bow-tie and Smooth Ribbon
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Pretty in Pink One-shoulder Cocktail Dress with Roaring Crossing Black Applique
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Luxuriant A-line Evening Dress with Indulgently Beaded Bodice
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Romantic One-shoulder Floral Strap Evening Gown with Pearl Decorations
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Racy Colored Pleated Sweetheart Junior Bridesmaid Dress
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Description: Alluring wedding party dress in A-line silhouette which is every girl's best friend, formfitting bodice carrie... Product Detail»
Luxurious Pink Satin Cocktail Dress with Ample Beadings
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Loosen in Sexy Ruffle Straps for Comforting Cocktail Dress with Side Draping Bodice
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Appliqued Sheath Cocktail Dress with Exquisite Feathers
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Ornate in Low-key V-neck Sheath Cocktail Dress with Luxury Crystal Straps
Description: Being pleated in exquisite horizontal ruches, the dress has selected a little V-neck which is fine... Product Detail»
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Fascinating Black Chiffon Sheath Cocktail Dress with Shinny Sequins
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Gorgeous in Pearl Pink Halter Sweetheart Military Dress with High-low Skirt Design
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text:
Are you looking for a Design internship in Georgia? Design internships are the best way to bridge the gap between going to school and landing great job. Internships can help provide valuable work experience by learning the ropes from more experienced professionals. At the end of your internship, you'll have relevant experience to help you decide if starting your career in the field of your internship is the right choice for you. It also helps that 7 out of 10 internships result in a full time job offer, which means interning in Georgia can also serve as the foundation to landing a full time job in that city after graduation.
Design summer internships in Georgia are pretty common, but don't expect to be in charge at the end of your internship! Usually, you'll have to work from the bottom up, but interns are much more likely to get a job offer from the employer they're interning with. If you decide to intern at a smaller company, you'll sacrifice the name prestige for other benefits, such as having an opportunity to see your projects go from start to finish. Simply gaining Design experience is essential in order to provide value and creativity to the team.
Ready to get started? Search for Design internships in Georgia below.
Search For Design Internships In Georgia
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text:
Features a woman holding a puppy and a flower basket. Inscribed Flaxman. Great condition.
The dimensions are: 12 in. H x 6 in. W x 0.5 in. D, 2.1 lbs
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