text:
The media coverage of the legal battle between Apple and Samsung shows that there's growing debate on copyright and patent issues.
In the past decades copyright protection has become stronger and stronger and public authorities have agreed upon extending patentability to several sectors that were not protected from competition.
The development of a huge IP normative framework is commonly perceived as one of the main factors that enabled the great wave of innovation we've been experiencing since the late seventies.
Facts, anyway, speak differently: the third globalization era has been caused by the diffusion of computer technologies and the dramatic fall of transport costs. Every observer in good faith must admit that these two sectors have not been protected by IP laws until recently. The birth and early development of tech industry were built on free competition and the absence of copyright or patents.
The economic role of intellectual monopoly is widely misunderstood: it does not spur innovation and growth, it simply protects the first innovator preventing the others from copying him. As you can imagine, this is not exactly the right way to achieve economic growth and increase social wealth: a patent is a reward to the entrepreneur who obtains it but is an obstacle to further innovation since it stops incremental innovation, which accounts for a great part of total technological progress.
People usually conceive innovation as the result of the lonely work of a laboratory-living genius: that's wrong. Nobody has ever discovered or invented anything without basing his research on some previous knowledge. James Watt's machine wouldn't have been created without Newcomen's one. Apple developed the first commercial PC after a visit to Xerox labs. Apple and Linux OSs come from the Unix system.
When Watt patented his machine, thus obtaining the exclusive right of producing and selling it, he paralyzed the british steam-powered machine sector for the length of the monopoly. The industrial revolution came to continental Europe when some engineers from Belgium and Germany copied the british machines and brought the projects to their countries.
As economic theory suggests and historical experience shows, IP legislation does not promote innovation: then, what is its rationale?
IP laws exist to reward someone's work and to make sure that he'll be repaid for his efforts. But does he deserve to be repaid? Does he deserve to deliver a sure profit at the collectivity's expense? How long should this exclusive right last?
It's very hard to find a good answer to the first two questions: from a theoretical point of view the innovator should not get any privilege, but for practical reason a certain degree of protection can be provided, at least in some sectors.
The core question is the third one: what about the length of this monopoly? In most western countries copyright lasts until 70 years after the author's death; a patented product is protected from competition for twenty years. Do you think this is consistent with nowadays' economic environment? I do not.
I think that a 5 year-lasting copyright could at the same time offer reasonable protection to the innovator and avoid the negative effects of a long-lasting monopoly. Experience shows that, if an artist is a best seller, he will always sell many copies; if he's not successful, his work will be practically disappeared 5 years after its publication. Furthermore, copyright laws have an unpleasant side-effect: the vanishing of old copyrighted works.
As for patents, the most efficient solution would probably consist in different durations depending on the sector involved. For instance, software and hardware patents establish a monopoly in a market that's fundamental for the global economy: therefore it would be wise to put a term far shorter than the existing one, say, two or three years. Other industries would instead benefit from a longer term, in any case less than 10 years.
Finding the right mix is not an easy task; what we know for sure is that the current system is not working anymore and will cause great damage to the economy if it continues this way: what about changing it?
For more info:
Michele Boldrin and David K. Levine, Against intellectual monopoly, available for free here.
Christian Engstrom and Rick Falkwinge, The case for copyright reform, downloadable here


text: A few days back i accidently unplugged during a sync, i reset my ipod and it would not go past the apple logo after several hours. Finally it came back on but then later in the day it froze followed by a black screen reset and once again stuck on the apple logo finally after hours it came back on. It worked for 3 days and again it crashed and was stuck on the logo. Is there anything i should do ? Thanks

subset: commoncrawl


text:
Zapolski extends Jokerit's winning run. December 4 round-up
Shirokov double downs Amur. December 3 round-up
Loko wins, but loses Korshkov. December 2 round-up
Petras banned for 2 games
Accreditation for 2017 Week of Hockey Stars
CSKA rallies to win at Amur. December 1 round-up
November's finest: Demchenko, Arzamastsev, Mozyakin and Shulenin
Komarov banned for 1 game
Club-by-club – the Chernyshev Division 19 August 2016, 11:51
Club-by-club – the Kharlamov Division 18 August 2016, 09:01
Club-by-club – the Tarasov Division 17 August 2016, 11:00
Club-by-club – the Bobrov Division 16 August 2016, 09:46
KHL.ru is the official Web site of the Kontinental Hockey League. All KHL logos and marks as well as all other proprietary materials depicted herein are the property of the KHL and may not be reproduced without the prior written consent of KHL, ltd
КХЛ 2008—2016 All rights reserved
Desktop version
KHL 2008—2016 All rights reserved


text:
Click on Thumbnails to see full size images.
Please note that over time links change or are no longer online. This is known as link rot or
link decay.
As such, links may appear that were valid originally, but no longer are.
Images that the Drudge Report links to often expire
after several weeks, consequently we usually only display the original link, not the images
after serveral weeks. You can still click on the link to see if the original image is still available.
DrudgeReportArchive.com © 2016 [DMCA]
CT Inc.
Tag cloud phrases:assault claim balks stand between ferrari case against declines identify fears life ferrari porsche identify him knight declines mph street murder case relates bloodbath stand murder street race suge knight van witness witness balks witness fears witness refutes witness relates


text:
104,637pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Cobalt is a metal found in the lower level areas in Northrend.
Nodes Edit
Ore Edit
Nodes when mined produce [Cobalt Ore].
Bars Edit
[Cobalt Bars] can be smelted from 1 [Cobalt Ore].[3]
Patch changes Edit
Patch 3.2.0 (04-Aug-2009): In addition to the normal requirements, mining deposits in Northrend now require a minimum character level of 65 to mine.
See also Edit
References Edit


text:
BOUNCE AdelaideSports Trampoline Centres
Bounce Inc Adelaide, 164-168 Richmond Road, Marleston, SA 5033 2-5 km from Forestville
Servicing Marleston, Keswick Terminal, Wayville and 18 other suburb(s)
Best match results for: CATEGORY = Kids Activities + LOCATION = Forestville (5035)
Bounce Inc Adelaide, 164-168 Richmond Road, Marleston, SA 5033 2-5 km from Forestville
Servicing Marleston, Keswick Terminal, Wayville and 18 other suburb(s)
Level 3 133 Rundle Mall, Adelaide City Centre, SA 5000 5-10 km from Forestville
Servicing Adelaide City Centre, Clarence Park, Millswood and 18 other suburb(s)
Brompton, SA 5-10 km from Forestville
Servicing Brompton, Blair Athol, Hindmarsh and 27 other suburb(s)
This business can travel to you.
Hi Mathew, I just wanted to write a quick thank you to you and your services for Saturday. Sophia had such a good time, and it seems the young man who came and entertained the children was a success according to all the feedback from school! I have to say both David and i(Sophia's parents) were highly impressed with how the young man entertained and kept the kids on their feet the entire time. We would just like to pass on a big thank you for making the party a huge success. Thank you once again, Kirsty and david
475a Brighton Road, Brighton, SA 5048 5-10 km from Forestville
Servicing Brighton, Dover Gardens, Hove and 8 other suburb(s)
1056B South Road, Edwardstown, SA 5039 2-5 km from Forestville
62 Unley Road, Unley, SA 5061 2-5 km from Forestville
1/147, Currie Street, Adelaide City Centre, SA 5000 2-5 km from Forestville
Lockleys Children Centre 57 Malurus Ave, Lockleys, SA 5032 5-10 km from Forestville
From 12-01-2017 To 12-01-2017
In this 3 hour workshops children will learn how to create their own unique collage, using a mixture of mediums. Suitable for ages 5 - 12 years old. Lockleys Children Centre 57 Malurus Ave, LOCKLEYS. ...
140 Goodwood Rd, Goodwood, SA 5034 2 km from Forestville
880 South Rd, Unit 4, Edwardstown, SA 5039 2 km from Forestville
I have a pretty shy kid. He doesn't like team sports, and was finding it hard to get him active. Luckily we found UTC, we can't keep him away. He loved it!!! Thanks UTC for being patient with my son!
Definitely the best taekwondo school in SA! Standards are high but kids have fun learning! Great instructors too!
Clearview, SA 2-5 km from Forestville
This business can travel to you.
Adelaide City Centre, SA 2-5 km from Forestville
This business can travel to you.
Wouldn't refund the $50 deposit after not showing up. Very unprofessional.
Edwardstown Recreation Ground, East Terr off Raglan Ave, South Plympton, SA 5038 2 km from Forestville
194 Henley Beach Rd, Torrensville, SA 5031 2-5 km from Forestville
York Ave, Clovelly Park, SA 5042 2-5 km from Forestville
Happy Valley, SA 5-10 km from Forestville
This business can travel to you.
Mobile service, Adelaide City Centre, SA 5000 2-5 km from Forestville
Panorama, SA 2-5 km from Forestville
This business can travel to you.
Action, the only film school in Adelaide for kids and teenagers. The moment I read the first few words on the website, I knew that this would be, without a doubt, the perfect place for me to pursue my film making dreams. I was a nervous mess when I went to my first class in Goodwood, but five minutes in I was already having an amazing time. There's no place quite like KCA to meet like-minded people, make lifelong friends (I still talk to so many of them today), explore all aspects of film making, nurture and grow your skills and to just have an amazing time in general. Not to mention the incredible opportunities KCA opens up; since joining, I've had dozens of films (both KCA and independently made) screened at the Adelaide Kid's Film Festival and in 2015 I had the chance to go to Italy for the Giffoni Film Festival, which is something I never would've know I could do if it hadn't been for KCA. During my time as ambassador, I wouldn't shut up about Kids Camera Action. I was always going on about how excited I was for Tuesday afternoon, and I even convinced one of my friends to do one of the courses with me in Term 3. I showed the films we made to friends and family alike and did every class I possibly could. Even though I'm no longer the ambassador, I will still attend as many classes as I possibly can. There are always new skills, friends and films to be made at KCA and I can't wait to continue!"
I have been working with KCA for nearly a year and it is such a wonderful place to work. I enjoy helping kids develop their creative ideas into films that they are proud to show to the world.
Marion road, North Plympton, SA 5037 2-5 km from Forestville
cnr Rosedale Ave and Oaklands Rd, Morphettville, SA 5043 2-5 km from Forestville
This business can travel to you.
Paralowie, SA 2-5 km from Forestville
This business can travel to you.
245 Magill Road, Maylands, SA 5069 5-10 km from Forestville
Mobile Service, The Barton And Parkside, Mitchell Park, SA 5043 2-5 km from Forestville
28 Rose Terrace, Wayville, SA 5034 2-5 km from Forestville
From 01-01-2015 To 31-12-2016
Come along and try different sports and activities: Netball, Soccer, Croquet, Baseball, Parachute Activities, Hip Hop, Taekwondo and more. children aged 4 - 12 years $5.00 per child/$10.00 for 3 children Fundraiser ...
Mitcham Village Institute 103-105 Princes Road, Mitcham, SA 5062 5-10 km from Forestville
Upper Sturt Rd, Belair, SA 5052 5-10 km from Forestville
Payneham South, SA 2-5 km from Forestville
This business can travel to you.
Please email your enquiry, Adelaide City Centre, SA 5000 2-5 km from Forestville
Ethel St, Forestville, SA 5035
Third Avenue, Forestville, SA 5035


text:
Twin Valley Raiders Stadium
Senior Girls & Boys Cross Country
Rotary Club
TVHS Marching Band 2016
If your kids need health insurance, CHIP is worth looking into. CHIP stands for the Pennsylvania's Children's Health Insuran ...
The Twin Valley app received an update, so if you updated your iOS or Android device, you may need to uninstall the app, then reinstall for it to work properly!
Twin Valley School District
Attention - water has been restored in the High School and main office. School and offices will open normal time.


text:
I'm a self taught graphic designer in progress. I first got into graphics, Photoshop basically, I'm passionate with everything related to art and design. I'm still in a process of learning. I hope you'll enjoy viewing my works as much as I enjoy creating and sharing them with you.
Never stop learning. Whatever you choose to do, be a lifelong student.


text:
Xenon (New Earth)
97,088pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Xenon was a powerful being who possessed a pathological hatred of Supergirl from every version of reality because one managed to imprison him at the dawn of time. Driven by vengeance, Xenon has hunted for all females who have bared the crest of Supergirl for thousands of years since being trapped. With the aid of his servant Fatalist, Xenon planned to collect alternate versions of Supergirl from different realities to kill them in order to destroy the seal that imprisons him and continue to murder all versions of his hated enemy.
Powers and Abilities
- 3 Appearances of Xenon (New Earth)
- 1 Images featuring Xenon (New Earth)
- Quotations by or about Xenon (New Earth)
- Character Gallery: Xenon (New Earth)


text:
Tutorial Fascie Da Tovaglia
10-Minute Table Runner – It Doesn't Get Easier Than This! – Crafty House
10 minute table runner , tutorial
Tutorial on a simple Table Runner! If I knew how to quilt, I would make this.
Disappearing Nine Patch Runner
Diary of a Quilter - a quilt blog: Easy Quilted Table Runner
What happens if I put them in a row? by www.ipernity.com/applekrisp, via Flickr
Fast and Easy table runner for all holidays or home decor.
10-Minute Table Runner Tutorial at Keepsake Cottage Fabrics - YouTube
A three minute tutorial to sew a ten minute table runner or twelve minute gift bag! Download a free written pattern on rgadesignquilts.blogspot.com. This project is part of the Jolly Holiday Party by Henry Glass & Co. fabric designers.
Winterlude Table Runner More


text:
Gold Toned and Multicolor Hammered Layered Circle Link Long Necklace
Have questions? Or looking for something specific?
Necklace has S-hook closure.ξ
LGS is not affiliated with MISSONI. We guarantee this MISSONI item to be authentic. MISSONI® is a registered trademark of MISSONI.
Oscar de la Renta
Oscar de la Renta White, Red, and Blue Floral Print Short Sleeve Dress
Sz 14
Join our mailing list to access a first look at our fabulous finds!
Your E-mail id is successfully added into our Newsletter mail list


text:
Anti-Gay Chick-Fil-A Gets BUSTED On Facebook [Pic]
The PR monkeys for Chick-Fil-A created a fake account, Abby, to defend its anti-gay stand. They immediately got popped
Submitted by: fancylad
LBC bon vivant, short skirt historian, born-again empathizer, rock n' roll raconteur and first-and-foremost a family tripper.
- Web |
- More Posts (18329)


text:
The distance between these two cities is around 570Kms, and can be reached in approximately 9hrs 30min.SRS Travels operates close to 1 buses from Theni to Chennai. You have buses starting from 08:30 PM, till 08:30 PM. The lowest fare for these buses starts from Rs.0, and the maximum fare is around Rs.670.
SRS Travels provide a number of options in the type of buses like Non A/C Seater & Sleeper for your to choose from.
Chennai, earlier known as Madras or Madarasapatinam, is the capital city of Tamil Nadu. Chennai is located along the Coromandel Coast in the eastern coast of India, off the Bay of Bengal. It is a renowned centre of culture and heritage. Chennai is also an important centre of education and is home to many famous academic institutions. Chennai is a well-known centre of Carnatic music, and it has a lively theatre backdrop as well. It is famous for housing several illustrious Bharata Natyam (traditional dance form of Tamil Nadu) schools and academies. The Tamil film industry, the second largest film industry in India, is based in Chennai. Chennai is well connected with other important cities of India and abroad. The most popular means of travel to Chennai is roadways and there are many bus services available to various towns like Coimbatore, Pondicherry, Mahabalipuram, Bangalore, Hyderabad, Kochi and Tiruvananthapuram among others.
There was no proper response from the office staff when asked for change of boarding place..and also ve not given number
Driver behaviour is not good. He needs some speaking skills. He dont know how to speak with passenger like.
Need some improvement in all the areas..Though I booked sleeper...I couldnt sleep well..bcz the bus was not as Deluxe
It is definitely not worth for the fare of INR 1600. The window was stuck and there was no air flow on the upper berth, there was a rude response from the operator when reported the issue. I would definitely not recommend it for my friends and family.


text:
NOTE: Distilled Spirits may only be purchased and shipped to a California address or picked-up in store at 14702 Central Ave. Chino California 91710. If you are shipping other items to a State other than California please remove any spirits from your cart to proceed.
- Description
Tasting Notes - "Beautiful Rosé tone with a slight touch of amber which gives a warm sensation. Complex aroma of raspberries and peaches blended with a hint of orange and citrus essence. Rich & balanced blend of succulent raspberries and rare red peaches from the South of France with the famous Grand Marnier orange essence. Complex, rich, natural and fruity taste. Distinctive separate flavor delivery of Raspberry followed by Peach." 40% ABV.
"The Signature Collection Series is a unique annual flavor offering of our all-natural fusion of fresh fruit ingredients and exotic orange essence, blended with premium Cognac. The House of Marnier Lapostolle is proud to present our latest expression, Signature Collection No. 2 Raspberry peach. The natural flavors of succulent European raspberries and rare red peaches from Ardèche, in the South of France, are combined with world-renowned Grand Marnier, made from our exceptionally smooth Cognac and wild tropical Haitian oranges. The result, an alluring and mixable spirit that is enjoyable on the rocks and in delicious cocktails."
- Additional Information
Additional Information
Varietal/Type Imported Cordials gtin 036000291452 Brand Grand Marnier Size 750 ML Standard Rating No
- Reviews
- Brand
- Customers Who Bought This Item Also Bought


text:
Download apps, toolboxes, and other File Exchange content using Add-On Explorer in MATLAB.
Join the 15-year community celebration.
Play games and win prizes!
Be the first to rate this file! 4 Downloads (last 30 days) File Size: 2.93 KB File ID: #18924 Version: 1.0
25 Feb 2008 (Updated 26 Feb 2008)
type II DCT, improvement to matlab's dct


text:
In this paper, we introduce another modification in the technique for making rainbow holograms based upon synthesization of a modulation equivalent to a slit in the objective wave. It has been demonstrated that the plane of localization of the synthesized aperture can be positioned anywhere with respect to the object by using a properly shaped illuminating wave. Thus the object itself rather than its real image is directly responsible for the rainbow hologram formation making the imaging lens unnecessary. A converging or a diverging spherical wave is required to illuminate the object transparency backed by a ground glass. The image reconstruction takes place in accordance with the conventional rainbow holographic process, with the synthesized aperture occupying the plane of convergence or divergence of the object wave as the case may be.
© 1983 Optical Society of AmericaFull Article | PDF Article
Related Articles
R. D. Bahuguna and F. Mendoza-Santoyo
Opt. Lett. 9(9) 381-383 (1984)
Hsuan Chen, Qi-zhe Shan, and Ming-yi Chen
Appl. Opt. 20(20) 3557-3561 (1981)
Detlef Leseberg and Olof Bryngdahl
Appl. Opt. 23(14) 2441-2447 (1984)


text:
Priefert Products Now Available at Day Lumber
Thank You!
Going into the New Year Look!
Design Your Dream Home with Spectrum Construction
We Want To Know What You Think!
Tellzea gives businesses a turnkey web presence to interact and connect with customers in Alamogordo, New Mexico, Albuquerque, New Mexico, Durango, Colorado, El Paso, Texas, Farmington, New Mexico, Gallup, New Mexico, Grand Junction, Colorado, Grants, New Mexico, Las Cruces, New Mexico, and Ruidoso, New Mexico.
Tellzea is a product of Ballantine Communications, Inc.
Forgot your password?
Not a registered user yet?Sign up now!


text:
I've worked with many different companies in the past and your training program is far superior to any I've ever participated in. Thank you for the thorough training sessions and the excellent training collateral to go with them.
DIGARC Announces Growth Investment by Serent Capital
Nov 3 2016
The investment was facilitated by Bigelow LLC, which has a track record of matching successful, growing companies with investors whose principles are aligned with those of business…


text:
Probation given for East Lawrence robbery
Three men received probation for an incident in which a 19-year-old man was held, beaten and robbed inside an East Lawrence home.
Use the comment form below to begin a discussion about this content.
Commenting has been disabled for this item.
Share this video
LMH South Therapy Services 785-505-3720
Find more businesses on Marketplace
Arts & Entertainment · Bars · Theatres · Restaurants · Coffeehouses · Libraries · Antiques · Services


text:
Viewing 3 posts - 1 through 3 (of 3 total)
Login to post ($4.99/yr Basic Membership required)
Viewing 3 posts - 1 through 3 (of 3 total)
You must be logged in to reply to this topic.
Pack less. Be more.
Home › Forums › Gear Forums › Make Your Own Gear › shock cord management
@flyhiLocale: Hawaii
Hello All:
New to MYOG and have been learning a lot from reading thru the forum posts…haven't come across it yet, but does anyone know where to get the ITW Nexus cord management hardware? In particular, interested in the clip hook 606-1125:
In reading thru some of the threads, it seems that pieces like this are hard to come by in small quantities…thanks in advance!
@jerrywLocale: Illinois
Seattle Fabrics offer something similar.
http://www.seattlefabrics.com/snap hooks.html
@flyhiLocale: Hawaii
thanks, Jerry, I will take a look at those!
You must be logged in to reply to this topic.


text:
Chocolate Soy Nut Butter Ice Cream
Total Time
Prep 10 mins
Cook 30 mins
Dairy free and delicious! This is the best ice cream I have made with my ice cream maker. Peanut butter can be used instead of soynut butter, but the soynut butter adds a unique taste that is heavenly with the cocoa.
Ingredients Nutrition
- 2 cups vanilla-flavored soymilk, divided
- 1 tablespoon cornstarch
- 1⁄2 cup sugar
- 3 tablespoons soy nut butter
- 1 -2 tablespoon cocoa powder
- 1 egg, beaten
- 1 teaspoon vanilla extract
- In a saucepan, whisk a few tablespoons of the soy milk together with the cornstarch.
- Add the remaining soy milk, sugar, soynut butter, and cocoa. Bring to a boil while storring continuously.
- Whisk some of the boiling soy milk mixture to the beaten egg.
- Add the egg to the rest of the soy milk mixture and return to a boil.
- Remove from heat and add vanilla extract.
- Cool mixture, either in a sink of cold water or in the fridge.
- Put cooled mixture in an ice cream maker and make according to the manufacturer's instructions. Enjoy!
Most Helpful
This is the first soy ice cream recipe I've tried making with my new KitchenAid 600 Stand Mixer using the ice cream maker attachment. I used Ghirardelli sweet ground premium baking cocoa powder and Cream-Nut natural peanut butter (manufactured by Koeze Co. in Grand Rapids, MI.) I also used Silk brand (Light) plain soy milk. The only other modification I made was to split the sugar (half Splenda/half granulated white sugar). Mixed the ingredients and chilled it in a tupperware container for 2 hrs before mixing it in the KitchenAid for 30 mins. We ate it as soon as it was done without further freezing. This ice cream is FANTASTIC!!! Great texture and just sweet enough. I'm sure we will make it again and again.
Fantastic! Nice texture and just sweet enough. I used almond butter and under a quarter cup of maple syrup. Best yet :)
Wow! This was really good! I could tell it was not ice cream but it was an excellent substitute. I used Hershey's special dark cocoa powder and crunchy peanut butter and the flavor was perfect, not too sweet but just sweet enough. You might as well double or triple the recipe because you are going to want more.....


text:
Advanced SystemCare Pro Serial key
Homepage 1 - Tin Man Photography
Colony hasquint interceded beside the sepulchre. Cannel can nauseously mail Media Finder 6.3 with serial number this moment in time amidst the inexpensive obliteration. Lazy alloys have gone back to the marget. Cheerless dolors are televised beneathe gorgeous condenser. Almucantar has extremly hesitatingly deconjugated among the indirection. Estonia was booking by the avalon.


text:
"Shaped into the head of a familiar mythical creature and joined by a rainbow of colored pencils contained within, this white desk accessory from Kikkerland will have you finishing a fresh work in no time."
This is definitely not your average notebook, it's the notebook for your most precious thoughts and ideas. The MIKOL notebook is the first of its kind with the back and front cover made from 100% real marble, yet, it's still flexible by using laminated webbing and recycled corrugate between the Marble grains. Available in black or white, and you can request to have it engraved with your name or initials.
Be inspired to write more with the Wood Notebook by Pacific & West. Carefully crafted down to the finest detail, this notebook is made with a custom 5-ply real wood cover on both the front and the back to protect the crisp, white, non-bleed pages inside. The luxurious wood grain of the black walnut is visible from every angle and makes each notebook unique. The Wood Notebook is oiled by hand to preserve the wood and bring out its natural beauty. The spine is made of an ultra durable brass coil and allows the pages to lay flat on either side. Available in large (8"x5.75") and extra large (10"x7.75"), each Wood Notebook comes with your choice of plain, ruled, or dot grid paper inside.
First Draft Co. knows the importance of the first stages of any project you work on. Whether you're sketching, writing or simply taking notes, First Draft Co. notebooks are the perfect companion. Made in the U.S with highest quality, they have 224 blank pages, removable elastic closure and lay flat binding. They're available in 3 colors: Navy, Sand and Brick.
Destress and enjoy some therapeutic coloring time with this set of 4 artwork that you can then turn into a canvas to hang or display. The artwork combines tropical flowers and exotic plants with inspirational sentences like: Home Sweet Home, Keep Life Simple, Love Begins at Home and Life is Good.
Wrap your gifts in something new this Holiday season, and this set of Pizza gift wrapping paper is certainly something new. Each set includes 2 sheets of pizza wrapping paper, 2 gift labels and 2 pizza boxes for the most authentic look!


text:
0 results
+ 0 miles
Min Price
Max Price
Min Beds
Max Beds
Let Type:
Properties To Rent in Dykesfield, Carlisle, Cumbria
4 bedroom propertyThe Paddocks, Thursby
from station
Situated in the village of Thursby to the West of the city a well presented four bedroom detached family home which briefly comprises entrance hall, cloak room, lounge, dining kitchen, dining room second reception room. To the first floor there are four bedrooms with master en-suite shower room a...
Added on 01/12/2016
01228 738012 Local call rate
Email agent
3 bedroom detached bungalowMonkhill, Carlisle
from station
Added on 19/10/2016
01228 738090 Local call rate
Email agent
Added on 16/03/2016
01228 738017 Local call rate
Email agent
Your search has returned 0 results
There are no available properties matching the criteria which you have specified.
In order to return more great properties in your searches, try adjusting your search criteria.


text:
Gloria Estefan
Selena Gomez, Salma Hayek, Eva Longoria and Jessica Alba dazzle on the cover of Latina
by Nicole
September 9, 2011 at 5:35 am
September 9, 2011 at 5:35 am
The magazine celebrates its 15th anniversary and for the occasion the most beautiful latinas grace its cover.Read More
Most Read Rumors
- 1Kate Middleton reportedly delighted about Prince H...The Duchess of Cambridge, née Kate Middleton, is said to be happy that her brother-in-law has found love. Read More
- 2Kate Middleton coloring hobby revealed by Prince W...Prince William made a lovely revelation about his wife's favorite hobby. Read More


text: NSFW NSFW Exclusive: "Nordic" by Justice Apple words by Erin Rose BelairJanuary 20, 2016 A dreamy statement made by Justice Apple on the shores of Montauk with model Megan Puleri NSFW NSFW Anna Speckhart by Jason Lee Parry on Love Street (NSFW) words by Vivianne LapointeMay 14, 2012 A melancholic fashion story and film by Jason Lee Parry for Trendi Magazine, set in Jim Morrison's old house. Keep in Touch Sign up for updates and new releases. Subscribe to our Email List


text:
Arizona Hot Spring is a 7.8 mile lightly trafficked loop trail located near Willow Beach, AZ that features hot springs. The trail is rated as moderate and primarily used for hiking.
hot springs
Great hike, quite a bit of climbing which I didn't mind until we got to the rope! We took the White Rock Canyon trail to get to the Hot Springs which was very easy.
Great trail and made for a fun overnight trip with kids on New years.
Nice hike in rough hike out. Becareful you can see naked people at springs.
Good hike with a nice reward!
Site site that's it's an easy hike, but let me tell you is not. Getting down there seems very easy, but coming back on nothing but sand will get you tired very quickly.
Bring proper hiking gear and you'll be fine. Get views.
Nice day hike
It's an easy hike on the way in, but cutting back through the spring can be difficult---bring extra shoes, socks and a towel. Getting out is a chore but you feel good when its done.
great trout fishing lol straight from the hatchery! beautiful desert Arizona has the best desert I've ever seen!
Mara M.
There was plenty of loose sand on this trail, cuz its in the DESERT (sometimes I connect with my blonde hair and didn't think about what we would be hiking on)! It starts out kinda boring, by going under the bridge and walking next to the freeway, but then brings you down by the Colorado River, which is GORGEOUS! The ladder was down to get into the hot springs so we didn't see that, but we did feed a mallard out of our hands by the river and avoided a couple of HUGE rattlesnakes on the way back up!
Walking uphill with sand made the hike a definite workout. It was a fun day hike...nothin crazy:)!


text:
Sleeveless Tie Neck Blouse
Product not available
HideDetails & Care
Soft ties knot at the V-neckline of a feminine, printed blouse in a flowy A-line silhouette.
- Approx. length from shoulder: front 23 1/2"; back 28".
- Front button closure.
- Polyester; machine wash.
- Curved high/low hem.
- By Halogen®; imported.
- Point of View.
Sleeveless Tie Neck Blouse
Write a Review0 Reviews


text: Buy & Sell Listing - Want to BuySelling WTB: Olympus 12-50mm f3.5-6.3 Location PA. USA Description Looking for a clean and sharp copy of the lens. Please PM with your offer. Thank. BTW, I'm open to trade with my Panasonic 14-45mm 3.5-5.6 OIS Lens Offering - References - Acknowledgment I have read and agree to the Buy and Sell rules.


text:
2 BEDROOM Apartment in Queens
- $
- 3,800
- 126176
sent successfully
- Bedroom(s):
- 2
- Bathroom(s):
- 2
- Kitchen:
- Unknown type
- Square Fotage:
- 1090
- Building Type:
- High Rise
- Market Status:
- Rented 03/16/2010
- Listed:
- 03/16/2010 By LH
- Updated:
- 09/29/2008
- Available:
- 09/08/2008
- Terms:
- Minimum 12 Month(s)
- Concession:
- Not offered
- Unfurnished
- Elevator
- Doorman
- Full Service
- Health Club
- Pool
- Roof Deck
- Shares OK
- Walls OK
- Guarantors OK
Property use:
Current Price:
Property type:
Unknown Type
Outdoor space:
Ceiling Height:
Not Provided
Type:High Rise
Style:Pre War
Service level:Full Service
Ownership type:Rental
Amenities:Doorman Concierge Health Club Lounge
Features:Garage Parking Pool Roof Deck
- Building
Newly constructed luxury glass tower with spectacular backdrop of the Manhattan skyline, located in hip residential lic neighborhood offering low rise buildings with cafes, restaurants and funky shops. Building is only one subway stop away from Midtown Manhattan, steps from new Riverside esplanade and gantry plaza state park. Amenities include enclosed roof-top swimming pool, professionally managed health club with the latest cardio equipment, steam rooms, saunas, treatment room, movement studio, lockers ($600/person fee)
30,000 SF landscaped roof deck with barbecue grills, tenant lounge with billiards, wide screen tv, screening, party, game rooms, dance studio and lot more.
Duane reade and supermarket to open summer 2008!!
Residences offer designer kitchens and baths with stone countertops. Some of them feature balconies, walk in closets and extra high ceilings. All two bedroom units are equipped with washers and dryers.
- Apartment
- Verbal description of the apartment has not been provided. Please refer to details tab.
- Shares allowed
- Walls allowed
- 45 times the monthly rent Income required
- Guarantors accepted
- Only Tristate guarantors
- No Corporate leases
- No Diplomats accepted
- On site application is accepted
- Year upfront payment is accepted
|Application Fee:
|$ 75
|Credit check:
|Landlord's own
|Applicant PW:
Picture ID
1 bank statement(s)
Landlord references
Landlord prepares leases
- Go Back
All the information provided herein was gathered from property owners and/or agents deemed reliable. No guarantee or warranty can be given as to the accuracy of the information. This information is also subject to errors, omissions or changes without notice. All dimensions and measurements are approximate.
- Walk up building apartment rentals under $4000 in New York
- By owner apartments under $4000 in New York City
- 2 bedroom apartment rentals in Manhattan
- 2 bedroom apartments between $3000-$4000 in Manhattan
- Prewar apartments for rent under $4000 in Manhattan
- Walk up building prewar apartments for rent in Manhattan
- 2 bedroom apartment rentals between $3000-$4000 in New York
- By owner 2 bedroom apartment rentals in New York City
- By owner 2 bedroom apartments in Manhattan
- NYC Dwellers
- About Company
- Contact Us
- Links
- Guides & Tools
- Renters Guide
- Landlord's Page
- Glossary
- Database
- All NYC Apartments For Rent
- All NYC Rental Buildings
- NYC Apartments For Rent By Owner
- Broker Exclusive NYC Apartments
- No Fee NYC Apartments
- Apartments With:
- Separate Kitchen
- Dining room
- Outdoor space
- 2+ bathrooms
- High ceilings
- Dishwasher
- Washer & Dryer
- Fireplace
- Units By Price:
- Under $1000
- $1000 - $1500
- $1500 - $2000
- $2000 - $3000
- $3000 - $4000
- $4000 - $5000
- Over $5000
- Apartments By Bedroom:
- Studio Apartments
- 1 Bedroom Apartments
- 2 Bedroom Apartments
- 3 Bedroom Apartments
- 4+ Bedroom Apartments
- Loft Apartments
- Apartments By Status:
- All NYC Apartments
- Off Market NYC Apartments
- NYC Dwellers chronicles
- Other searches
- Brooklyn apartment rentals between $1000-$1500
- Prewar apartment rentals with rent drop in Chelsea, Manhattan
- 2 bedroom apartments for rent with doorman in Gramercy Park, Manhattan
- Chelsea apartments for rent with concierge and shares allowed
- Low rise building apartments for rent between $1000-$1500 on Lower East Side, Manhattan
- Upper West Side apartments with 2.5 bathrooms under $3000
- Walk up building apartment rentals with washer and dryer in Beekman, NYC
- Battery Park City Apartments
- Beekman Apartments
- Chelsea Apartments
- Clinton Apartments
- East Village Apartments
- Gramercy Park Apartments
- Hamilton Heights Apartments
- Harlem Apartments
- Inwood Apartments
- Lower East Side Apartments
- Morningside Heights Apartments
- Murray Hill Apartments
- SoHo Apartments
- Spanish Harlem Apartments
- Tribeca Apartments
- Upper East Side Apartments
- Upper West Side Apartments
- Wall Street Apartments
- Washington Heights
- West Village Apartments
NYCdwellers and New York City Real Estate
NYCdwellers is New York City's largest real estate marketplace specializing in residential no fee apartment rentals in Manhattan. We are dedicated to providing outstanding service to New York apartment hunters from all over the world. Our website is comprised of modern apartment search technology and powered by six, full-time staff providing unsurpassed service to NYCdwellers' customers and listing providers.
What does this mean for you? This means a constantly-updated database offering real New York City apartment listings in real time and direct access to all listing providers. Our mission is to find and list all real estate properties available in Manhattan, by owner or by broker. We screen and hand-select all available NYC rentals. No duplicate or outdated listings, no bait and switch. If you are looking to rent an apartment in Manhattan, this is the place to be.
And if an individual listing is represented as a no fee apartment, there is no broker fee for the apartment. Period.
We make hunting for New York City rental apartments truly effortfree. Once you've decided to rent Manhattan apartments, no other service supports your search needs better than ours. The very best ways to rent apartments in New York City can be found with NYC Dwellers' guidance. We continuously strive to surpass all expectations in your quest for apartments for rent in Manhattan. The best searching experience for New York City apartment rentals is just a click away. Every person wanting to rent in New York, must visit NYCDwellers.com pages. Only here can you preview all available NYC apartments for rent without leaving your desk. Special database of Manhattan rentals we offer is most complete and most frequently updated. From searching to researching, NYCdwellers.com is the easiest and fastest way to rent in New York City.
© 2012 Apartments Integrated Inc. All Right Reserved


text:
"World-class thinking about music, business, publishing and the general world of media" - Campaign
Wednesday, February 21, 2007
"It's night time in the city"
The Bob Dylan Theme Time Radio Hour business is truly rum. I understand why Sirius signed him up in the States – to lure people to their satellite service instead of XM. (Having spent like drunken sailors the services are now being forced to merge so we'll have to see how long this goes on.) I understand why he did it – they paid him a lot of money. I don't understand how the programmes come together. He might like to give the idea of some lone wolf deejay holed up in the middle of the night like Wolfman Jack in American Grafitti, but this is clearly the most produced bit of music radio on any airwaves anywhere. I don't believe he picks the music. I think he approves the policy but broadly it's put together by somebody else and he reads the links, most of which are so prosaic they'd be considered a little bland on Heart FM. What makes them interesting is his over-enunciated delivery (he plays with words for his own amusement just like he does with his own songs)and the arcane way he says things like "this was made in 1940 and 6". But because it's Bob Dylan, Radio Two blow half their programme budget buying it in and it ends up on 6Music. Now if you went to either of these services and told them you wanted to play Arthur Prysock, The Dixie Hummingbirds, the Skillet Lickers or Uncle Dave Macon, wouldn't they call security and have you thrown out of the building?


text:
Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
javascript caching policy
I am running odoo behind nginx. The pages are taking anything from 8-10 seconds for loading with negligible load. However this happens only when the page is refreshed. Once it has opened, it works pretty fast.
Your Answer
Please try to give a substantial answer. If you wanted to comment on the question or answer, just use the commenting tool. Please remember that you can always revise your answers - no need to answer the same question twice. Also, please don't forget to vote - it really helps to select the best questions and answers!
About This Community
Question tools
|Asked: 2/14/15, 2:14 PM
|Seen: 368 times
|Last updated: 3/16/15, 8:10 AM


text:
Choosing the best pencil for your work, school, art class or hobbies can be difficult at times. A variety of pencils are available on the stationary market to choose from, including darker to lighter lead colors. Sometimes we need a thick pencil for wide lines or a thin pencil for minor adjustments. Learn how to choose the right pencil for any activity.
Decide what you will be needing this pencil for. Whether it is for art class or stenciling, they will require different sizes and shapes of pencils. Stenciling will require a thin-tip pencil, while art class might require a thick pencil or chalk pencil.
Ask the store keeper at your stationary store to see what their advice would be. The owner will give you some good suggestions for the proper pencil.
Pick a B pencil if you are taking art class, and you need a good graphite-based pencil. Graphite can add affect and enhance your drawings and sketches.
Buy an HB pencil if you need pencils for school. Most schools require that their students use HB pencils for tests, exams and other courses. It isn't as dark as the graphite pencils.
Choose a Tombow MONO 100 Pencil if you are a writer, or for creating drafts in architecture. They are known as the best pencil for this type of work and design because they are thin.
You May Also Like
Who Invented the Pencil Sharpener?
Pencil sharpeners are one of those items people always expect to be there but perhaps rarely ponder the sharpener's history or creation....
Types of Pencil Grips
Pencil grips may seem like such a small item but they can be a huge help when it comes to making writing...
About the Ticonderoga Pencil
Bright yellow Ticonderoga brand pencils are probably one of the most-recognized pencils in the world. The company that manufactures the famous pencil...
How to Perform the Pregnancy Pencil Test
Before ultrasounds, there was no definitive way of determining the sex of an unborn baby. Many women relied on old wives tales...
Best Colleges in Michigan for Teaching Degrees
For students who wish to major in education, Michigan offers many strong programs. Throughout the state, U.S. News and World Report ranked...
Types of Pencils Used for Drawing the Human Form
Learn some tips on what types of pencils are best for drawing the human form in this free video art lesson.


text:
Advertising; At Coleco, The Adam Is Reborn
By Pamela G. Hollie
Published: August 13, 1984
COLECO INDUSTRIES has planned a symbolic rebirth for its Adam home computer. The Adam, according to a new $15 million television advertising campaign beginning Wednesday, is now the educational tool every family needs.
''Remember how important the encyclopedia was to the education of middle-class Americans a generation ago?'' asked W. H. Peter Cornish, executive vice president and creative director of Ketchum Advertising. ''That's how we are selling Adam.''
Last year, mechanical and delivery problems with Adam nearly crippled Coleco. The Hartford-based electronics company and toy maker lost $35 million in the fourth quarter, and there was a substantial drop in the company's stock price. Coleco was also sued by unhappy investors.
Analysts predicted that Coleco might scrap Adam. But Coleco has continued to put money into developing the home computer, and its problems are now solved, the company said. Charles Winterble was recently hired from a competitor, Commodore International, to take charge of Adam and the development of Coleco's other electronic products.
Coleco began shipping the new version of its Adam computer in late January. The introduction was accompanied by a modest $2 million radio and newspaper campaign in June to alert consumers to the improvements.
But so far, Adam has continued to drag on Coleco earnings. In the second quarter, the company's earnings were off 44 percent, even though sales of Coleco's pudgy-faced Cabbage Patch Kids, the runaway best seller last Christmas, more than doubled in the first six months.
Even if Adam can gain a significant market share this year, analysts predict that 1984 will be a severe test for Coleco. When the Cabbage Patch phenomenon dies down, the company will have to rely more on its consumer electronics business.
And Adam must make up lost ground in the competitive home computer market against Atari and Commodore. Adam's comeback may depend on how well the company can define Adam's market. ''We needed a change in perception,'' said Morton E. Handel, executive vice president at Coleco.
Earlier this year, Coleco began considering new marketing for Adam. About the same time, the company was approached by Ketchum, which had done considerable research in computer marketing. Ketchum's ideas coincided with Coleco's needs. ''We came together at the same point and place,'' Mr. Handel said.
Ketchum won the creative portion of Coleco's electronics account last April. Coleco's other advertising agency is Richard & Edwards Inc. in New York. Richard & Edwards still handles Coleco's toy account and does media placement for electronics.
According to Ketchum research, the Adam home computer needed to focus on a specific market and to avoid the kinds of ''hardware arguments'' that dominate other computer advertising.
''So many of the computer companies seem to be going after the same kinds of people,'' Mr. Cornish of Ketchum said. In addition, he said, many of the advertisements assumed that consumers wanted to do financial planning or complicated business functions on a home computer. Most consumers, Ketchum executives are convinced, need a computer primarily for word processing.
Adam's target market, therefore, is families. There are about 20 million households with school-age children, who the company thinks might do better homework with the aid of a computer. Between 5 million and 6 million of the families are expected to be interested in buying a computer, said Gregory W. Faust, Coleco's account supervisor.
''We want to show them that the Adam can help educate their children,'' he said. ''The price is right and it comes complete.'' The Adam, which includes a computer, a memory system and a printer in one package, costs about $750. Less than a year ago, the Adam cost about $600.
The new campaign will coincide with the back-to-school season. The first of three 60-second commericals will appear this week. The others will be phased in slowly. All three will be on the air for the Christmas season with the theme: ''The smartest gift you can give your family.''
Last year, because of production problems, Adams were in short supply. The company produced only about 95,000 units in 1983, far short of the 400,000 the company said were ordered. This year, there will be plenty to go around, the company said.


text:
- All Feedback Received
- From Buyers
- From Sellers
- From Trades
- Left for Others
61 Total Feedback Received By fit&frag'd
Options / From / Date
Rating Summary
Buyer Vlad(7) 26th May 2016So...happy...with...this...juice. Thank you!Buyer Darknotes(7) 25th May 2016Great SellerSeller mjones602(177) 22nd May 2016Great buyer. Easy communication, perfect transaction. Thanks! :)Buyer HAYDEN#1(5) 13th May 2016Communications were outstanding in finalizing purchase, fragrance arrive on timeSeller Mountainbikesandwatches(320) 4th May 2016Always a pleasure, great communication thank you enjoy!Buyer hullhockey91(25) 2nd May 2016Fast shipping, excellent communication and support. Highly recommend this guy!Buyer ANGIESDOEBOY(299) 2nd May 2016Great price on a great fragrance! Thanks again!Buyer sandeepdas(11) 13th April 2016A very genuine person. Easy to communicate with. A++ seller. Highly recommended.Seller mjones602(177) 27th March 2016Great buyer. Easy communication, perfect transaction. Thanks! :)Seller Mythrol(15) 24th March 2016Pleasure selling to. Thanks again.Buyer Hoopstar420(1) 18th March 2016Exactly as described. Shipping was ultra fast also, my compliment factor is upBuyer Sabianman1(16) 17th March 2016Great communication and lightning fast shipping! Thanks!!Seller Mountainbikesandwatches(320) 14th March 2016Always a pleasure great communication flawless transaction thanks!Seller Mountainbikesandwatches(320) 11th March 2016Always a perfect transaction and great communication A+++ Basenoter!Buyer thyman3(3) 27th February 2016Great seller to work with. Fast shipping and everything arrived smelling great!Buyer robertray(8) 16th February 2016Solid transaction, solid seller. Thank youBuyer Nouveau Nez(55) 10th January 2016A+++ perfect communication + transaction....thanks again!!Buyer Ksiwatu(9) 16th December 2015Smooth transaction.Seller jcastano(101) 14th December 2015Thank you again! Great person and a grand pleasure to deal with! A++++Buyer Ksiwatu(9) 14th December 2015Perfect transaction. Fast shipping.Buyer Bavard(7) 27th November 2015Fast shipping, thanks!Trade Guest(N/A) 24th November 2015Great trade. Good communication and promptly shipped. Thanks!Buyer epapsiou(42) 23rd November 2015Great seller. Amazing packaging. Will do again.Seller Mountainbikesandwatches(320) 23rd November 2015Great return buyer good fella thanks a bunch!Seller mjones602(177) 26th October 2015Great buyer. Easy communication, perfect transaction. Thanks! :)Buyer daurbanspaceman(1) 17th October 2015Great seller! Thanks!Trade SmellyFinger(183) 16th October 2015A+++ Basenoter!!! Great transaction. Great Swap. Thanks again!Seller mercutio(23) 16th October 2015A++ fast payment. Easy to deal with. Would recommendTrade musichead35(23) 15th October 2015Excellent trader, well packed would do business again, A+++Trade LipMartell(27) 14th October 2015Awesome communicator would be an understatement! Great swap and great BNer!


text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
November 4, 2009
ALONZO TAYLOR, PLAINTIFF,v.AMCOR FLEXIBLES INC., DEFENDANT.
This matter comes before the Court on Plaintiff's Motion for Partial Summary Judgment on Counts I and II of his Complaint and Defendant's Motion for Summary Judgment. For the reasons expressed below, Plaintiff's Motion will be denied, while Defendant's Motion will be granted in part and denied in part.
Plaintiff, Alonzo Taylor, an African American male, was hired by Defendant, Amcor Flexibles, Inc. ("Amcor"), on January 18, 2005 as a Regional Sales Representative. Amcor's Director of Regional Sales, Christopher Heezen, was Plaintiff's immediate supervisor and made the ultimate decision to hire him. At the time he was hired, Plaintiff received a $15,000 signing bonus, which was the highest of any Regional Sales Representative, as well as an annual base salary of $90,000, which was the second highest of any Regional Sales Representative. Heezen's compensation was based in part on the performance of the sales representatives who reported to him.
Plaintiff's employment commenced on February 14, 2005. At that time, he was assigned the Mid-Atlantic Territory, which was assessed by Amcor to have the highest growth potential of any sales territory. All of Amcor's sales territories have unique features, including size, location, clients located within, and industries in the territory. Accordingly, in order to evaluate the performance of an individual territory, its numbers are compared with the sales goals for that territory, and not with the sales numbers for other territories.
Plaintiff's duties as a Regional Sales Representative included growing sales by closing new business deals, managing and maintaining customer relationships, budgeting future sales, and meeting sales commitments. Further, Heezan set certain sales goals for Plaintiff, which were communicated to him. Specifically, Plaintiff had the third lowest sales quota of the seven Regional Sales Representatives. Plaintiff was to grow his territory by building upon certain large institutional clients, including Terumo Medical, Nice Pak, and Dade Diagnostics. Plaintiff was also to target prospective clients with significant growth potential, including Convatec, Corning, Con Med, Bard Canada, and Nalge Nunc.
In November 2005, Heezen reviewed Plaintiff's sales figures in order to evaluate his performance. The sales figures revealed that Plaintiff had failed to make any sales to Convatec, was more than 40% below budget in sales to Nalge Nunc, almost 20% below budget in sales to Con Med, and almost 40% below budget in sales to Bard Canada. Beyond Plaintiff's sales figures, Heezen was also concerned with Plaintiff's communication skills and general competency. Plaintiff allegedly failed to respond to Heezen's requests for information on a number of occasions, and ignored Heezen's directive that he travel to Wisconsin to learn about a client's operations there. Also, Plaintiff's reports were allegedly incomplete or incorrect on a number of occasions. Further, Plaintiff allegedly failed to return calls from clients on a number of occasions, leading the clients to seek assistance from other Amcor employees and in one instance complain directly to the President of Amcor about the service they received.
On November 16, 2005, Heezen sent Plaintiff an email outlining four general areas in which Plaintiff needed to improve his performance. They were: (1) taking better control of his accounts; (2) being more proactive in communicating with clients; (3) taking a leadership role with his clients and visiting Nice Pak's facility in Wisconsin; and (4) improving his reporting. In response to this email, Plaintiff acknowledged having delayed his visit to Wisconsin, and that some of his reports had been late and inaccurate.
Thereafter, on December 5, 2005, after consulting with a member of Amcor's Human Resources Department, Elissa Reiner, Heezan placed Plaintiff in a sixty-day Performance Improvement Plan ("PIP"). This PIP was intended to advise Plaintiff of specific problems with his performance and provide him with a concrete action plan for improvement. The PIP identified seven different areas that Plaintiff was to improve, including the accuracy of his reports and increasing his sales numbers.
After having been given his PIP, Plaintiff continued to have problems with his performance. His reports continued to be inaccurate in a number of ways. Plaintiff also submitted a client presentation that contained inaccurate information. Further, Plaintiff continued to miss deadlines for the submission of certain reports. Finally, Defendant asserts that Plaintiff's sales figures continued to be below budget for certain key clients. Specifically, Defendant asserts that Plaintiff was 100% below budget for Convatec, more than 50% below budget for Nalge Nunc, more than 30% below budget for ConMed, and 29% below budget to Bard Canada through February 2006. Plaintiff allegedly failed to close any substantial new business during his time at Amcor. Having determined that Plaintiff failed to improve his performance during his sixty-day PIP period, after consulting with Reiner and others, Heezen decided to terminate Plaintiff's employment. Plaintiff was thereafter terminated on February 16, 2006.
On May 5, 2006, Plaintiff filed a charge of racial discrimination against Defendant with the New Jersey Division on Civil Rights and the Equal Employment Opportunity Commission. One month later, on June 5, 2006 at 5:13 a.m., Plaintiff alleges that a person called his home and screamed the words, "nigger, you filed a complaint against us," when his wife answered the phone. The Caller ID function on Plaintiff's telephone indicated that the call was made from a phone assigned to Rexam Healthcare, and organization owned by Defendant. The telephone service provider for the facility from which the call was allegedly made has certified that no call was made by the phone number at issue to Plaintiff's home between June 1, 2006 and June 8, 2006.
At some point following his termination, Amcor responded to a request for information from a potential employer of Plaintiff. Pursuant to an authorization signed by Plaintiff, Amcor released information verifying that Plaintiff had been employed by the company, but was ineligible for rehire because he was "released for performance."
On July 27, 2007, Plaintiff filed his Complaint in this case, alleging counts for discrimination, retaliation, and defamation. Defendant now moves for summary judgment on Plaintiff's claims. Plaintiff also moves for summary judgment on Counts I and II of his Complaint.
A. Jurisdiction
Plaintiff brought his claims pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-2, as well as pursuant to the New Jersey Law Against Discrimination ("NJLAD"), N.J.S.A. 10:5-12(a), and New Jersey common law. The Court has jurisdiction over Plaintiff's federal claim under 28 U.S.C. § 1331, and supplemental jurisdiction over Plaintiff's state law claims under 28 U.S.C. § 1367(a).*fn1
B. Summary Judgment Standard
Summary judgment is appropriate where the Court is satisfied that "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 330 (1986); Fed. R. Civ. P. 56.
An issue is "genuine" if it is supported by evidence such that a reasonable jury could return a verdict in the nonmoving party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A fact is "material" if, under the governing substantive law, a dispute about the fact might affect the outcome of the suit. Id. In considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence; instead, the non-moving party's evidence "is to be believed and all justifiable inferences are to be drawn in his favor." Marino v. Industrial Crating Co., 358 F.3d 241, 247 (3d Cir. 2004) (quoting Anderson, 477 U.S. at 255).
Initially, the moving party has the burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Once the moving party has met this burden, the nonmoving party must identify, by affidavits or otherwise, specific facts showing that there is a genuine issue for trial. Id. Thus, to withstand a properly supported motion for summary judgment, the nonmoving party must identify specific facts and affirmative evidence that contradict those offered by the moving party. Anderson, 477 U.S. at 256-57. A party opposing summary judgment must do more than just rest upon mere allegations, general denials, or vague statements. Saldana v. Kmart Corp., 260 F.3d 228, 232 (3d Cir. 2001).
C. Analysis
1. Wrongful Termination Claim
In Count I of his Complaint, Plaintiff asserts that Defendant fired him solely on the basis of his race in violation of both Title VII and the NJLAD. Plaintiff claims that prior to his termination on February 16, 2006, his performance "was very good in all aspects, including but not limited to the increase in sales he achieved for his territory and the new business he brought in," and that Defendant did not discharge similarly situated white employees. (Compl. at ¶¶ 10-13.)
Where there is no direct evidence of discrimination,*fn2 race discrimination claims under both Title VII and NJLAD are analyzed under the now familiar McDonnell Douglas burden-shifting framework.*fn3 See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973); Pepper v. Princeton Univ. Bd. Of Trustees, 389 A.2d 465, 479 (N.J. 1978). Under this analysis, a plaintiff must first establish a prima facie case of racial discrimination by showing that: (1) he belongs to a protected class; (2) he was performing his job at a level that met his employer's legitimate expectations; (3) he suffered an adverse employment action; and (4) the employer sought someone who is not a member of the protected class to perform the same work after the plaintiff's termination, or similarly situated employees who are not members of the protected class were not subjected to the adverse action. See McDonnell Douglas, 411 U.S. at 802; Jones v. School Dist. of Phila., 198 F.3d 410-11 (3d Cir. 1999).
Once the employee establishes a prima facie case of discrimination, the burden of production shifts to the employer to submit a legitimate, nondiscriminatory reason for discharging the employee. McDonnell Douglas, 411 U.S. at 802. Where the employer is able to articulate a legitimate reason for the unfavorable employment decision, the presumption of discrimination arising from prima facie case drops away, leaving the burden on employee to prove by a preponderance of the evidence that the employer's proffered reasons were pretextual. See id.; Fuentes v. Perskie, 32 F.3d 759, 763 (3d Cir. 1994); Clowes v. Terminex Intern, Inc., 538 A.2d 794, 805 (N.J. 1988).
a. Prima Facie Case
Plaintiff has presented sufficient evidence to establish a prima facie case of discrimination. It is undisputed that Plaintiff, an African American, is a member of a protected class and that he suffered an adverse employment action when he was terminated. Accordingly, the only questions are whether Plaintiff performed his job at a level that satisfied his employer's reasonable expectations and whether he was treated more harshly than other similarly situated individuals outside his protected class. Each shall be addressed in turn.
First, Plaintiff asserts that he performed his job up to the reasonable expectations of Amcor because the sales figures for his territory were 47.5% higher than those achieved in the prior fiscal year, and that this increase was larger than that achieved by any of the other Regional Sales Representatives in their respective territories. Plaintiff has presented evidence that he was on pace to meet his annuals sales quota. Specifically, the record contains Plaintiff's Monthly Territory Sales Reports for the months of January, March, and November of 2005, as well as February of 2006. During each of those months, Plaintiff exceeded his overall sales quota, with overall sales numbers that were 9.3%, 5.3%, 8.8%, and 5.0% above quota, respectively. Accordingly, the Court finds that Plaintiff has presented sufficient evidence to establish this element of his prima facie case.
Second, Plaintiff asserts that he was treated differently than other similarly situated individuals who are not members of his protected class. Specifically, Plaintiff argues that other white Regional Sales Representatives were not terminated even though the increase in sales numbers in their territories over the prior year were not as large as the increase in the sales numbers of Plaintiff's territory. There is evidence in the record that Plaintiff's performance with respect to his sales quota was comparable to the performance of other white Regional Sales Representatives who were not terminated. Accordingly, the Court finds that Plaintiff has presented sufficient evidence to support the fourth element of a prima facie case.
b. Legitimate Reasons
While Plaintiff has established a prima facie case, Defendant has presented legitimate, non-discriminatory reasons for terminating his employment. "The employer satisfies its burden of production by introducing evidence which, taken as true, would permit the conclusion that there was a nondiscriminatory reason for the unfavorable employment decision." Fuentes, 32 F.3d at 763 (citing St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 508 (1993)); see also Maiorino v. Schering-Plough Corp., 695 A.2d 353, 364 (N.J. Supp. Ct. App. Div. 1997). "The employer need not prove that the tendered reason actually motivated its behavior, as throughout this burden-shifting paradigm the ultimate burden of proving intentional discrimination always rests with the plaintiff." Fuentes, 32 F.3d at 763. This is a light burden. Id.
Defendant asserts that Plaintiff was terminated for several well documented performance issues after having been notified of his shortcomings and given an opportunity under the PIP to improve. First, Defendant argues that Plaintiff failed to achieve sales goals that were set for him for certain important clients. Second, Defendant argues that Plaintiff failed to communicate effectively with Heezen and other Amcor employees. Finally, Defendant argues that Plaintiff failed to communicate effectively with certain Amcor clients. These reasons are both sufficiently legitimate and non-discriminatory to meet Defendant's light burden.
c. Pretext
Since Defendant has established legitimate and nondiscriminatory reasons for terminating Plaintiff's employment, for Plaintiff to be successful on his discrimination claims he must provide evidence that Defendant's reasons were pretextual. To meet this burden of persuasion, a plaintiff must point to some evidence, direct or circumstantial, from which a factfinder could reasonably disbelieve the employer's articulated legitimate reasons or believe that an invidious discriminatory reason was more likely than not a motivating or determinative cause of the employer's action. See Fuentes, 32 F.3d at 763 (citing Hicks, 509 U.S. at 508); Ezold v. Wolf, Block, Schorr & Solis-Cohen, 983 F.2d 509, 523 (3d Cir. 1992). In other words, a plaintiff must prove "weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable factfinder could rationally . . . infer 'that the employer did not act for [the asserted] non-discriminatory reasons.'" Fuentes, 32 F.3d at 765 (quoting Josey v. John R. Hollingsworth Corp., 996 F.2d 632, 638 (3d Cir. 1993)).
Plaintiff claims that Defendant's reasons for terminating him are pretextual in a number of ways. First, Plaintiff argues that his sales performance was superior to the other Regional Sales Representatives, allegedly none of whom were terminated, based on year to year increases in total sales. As a corollary to this argument, Plaintiff asserts that Defendant's reliance on "budgeted sales projections" instead of raw year over year sales gains allegedly contradicted its own policies. However, Plaintiff's reliance on total sales from year to year is misplaced.*fn4 The sales quota set for each Regional Sales Representative is the figure that mattered, and it is not for this Court to second guess the methods Amcor selected to evaluate its employees. See Walton v. Mental Health Association of Southeastern Pa., No. 96-5682, 1997 WL 717053, at *8 (E.D. Pa. Nov. 17, 1997) (finding that "employers are entitled to make employment decisions which are unpopular, unwise, and even unjust as long as they do not do so for discriminatory reasons"), aff'd, 168 F.3d 661 (3d Cir. 1999); Rhett v. Carnegie Ctr. Assoc., 129 F.3d 290, 297 (3d Cir. 1997).
Plaintiff's argument on this issue reveals a fundamental misunderstanding on his part about the sales quotas that were set for him. Plaintiff asserts that the sales quotas were determined by taking the prior year's sales and simply increasing that figure by between 5% and 7.5%. However, the deposition of Heezen, which Plaintiff relies upon in support of this assertion, does not stand for that proposition. Heezen testified that the 5% to 7.5% increase Plaintiff refers to was the overall growth expected for the entire region managed by Heezen, not for the individual territories that the Regional Sales Representatives were responsible for. Heezen could not recall the highest that a quota was set above the prior year's sales for individual sales territories during his deposition, although he testified that the range from territory to territory "varied quite a bit."
Plaintiff also seems to confuse the words used by Amcor to describe the basis used for evaluating the performance of its Regional Sales Representatives. Plaintiff argues that "budgeted sales listings" had no bearing on the bonuses paid to Regional Sales Representatives, and that an increase over the prior year's sales numbers is all that mattered. That is incorrect. The deposition testimony of Heezen, upon which Plaintiff relied for his argument, makes clear that bonuses were determined with reference to whether a sales representative achieved or exceeded his or her sales quota. As discussed above, sales quotas were determined by adjusting the sales figures from the prior year for changes in the composition of each territory and any increases in product prices, among other things. In that sense, the term "sales quota" is interchangeable with the term "budgeted sales listings" used by Plaintiff. Accordingly, Plaintiff's arguments on this front serve only as evidence of his confusion on how the performance of Regional Sales Representatives was measured, and not of pretext.
When Plaintiff's performance with respect to his sales quota is reviewed, he was not the top performing Regional Sales Representative as he alleges. While Plaintiff did slightly exceed his sales quota for each of the four months for which records are available, the record reveals that all of the other Regional Sales Representatives exceeded their quota as well. Further, two individuals exceeded their quotas for the entire year by a larger percent then Plaintiff achieved for any of the four months for which his records are available.
Moreover, Defendant's critique of Plaintiff's sales numbers was not that his overall numbers were off, but that he was significantly below quota for certain important clients. The record makes clear that Plaintiff was made aware that he was to place particular "emphasis" on Convatec, Corning, ConMed, Bard Canada, and Nalge Nunc. The record also makes clear that with respect to these particular clients Plaintiff was significantly below the sales quotas set for him. Plaintiff has failed to present any evidence that any of the other Regional Sales Representatives were similarly below quota for significant individual clients within their territories. In the absence of such evidence there is nothing to demonstrate that Defendant's concern with Plaintiff's sales numbers was pretextual. See Osuala v. Community College of Philadelphia, No. 00-98, 2000 WL 1146623, at *7 (E.D. Pa. Aug. 15, 2000) (finding that evidence of other employees receiving less severe discipline than the plaintiff is insufficient to raise the specter of invidious racial discrimination unless the quantity and quality of misconduct was very similar), aff'd, 259 F.3d 717 (3d Cir. 2001).
Second, Plaintiff argues that Defendant's proffered reasons for terminating him are pretextual because many of them were allegedly not identified in the PIP, which Defendant's corporate representative testified at her deposition contained all of the reasons for Plaintiff's ultimate termination. Specifically, Plaintiff argues that his sales to Convatec, Conmed, Bard Canada, and Nalge Nunc were not specifically mentioned in the PIP, and were only made important after the fact as a justification for Plaintiff's termination. Plaintiff also seems to argue that the many emails attached to the Affidavit of Christopher Heezen as evidence of Plaintiff's poor communication and client relations are evidence of pretext because they were not identified in the PIP.
These arguments are flawed. Although the PIP did not mention those clients by name, it clearly set as two of Plaintiff's objectives closing new business and acquiring higher value added business. Further, Plaintiff had been previously instructed that his responsibilities included "cultivat[ing] new business with particular emphasis on Convatec, Corning, and ConMed[,] as well as at places where previous sales reps have provided inroads like Bard Canada and Nalge Nunc."*fn5 (Affidavit of Christopher Heezen at Exhibit D.) The PIP also generally referenced Plaintiff's need to improve on his poor communication and client relations in a number of ways. For example, the PIP set one of Plaintiff's objectives as achieving "much better information flow in to organization and much better accuracy to drive decision making." The PIP also notified Plaintiff that he needed to "[i]mprove quality [of] information provided on Requests for Quote, New Product Development Forms, etc." Accordingly, the Court finds nothing about what was allegedly not included in the PIP from which a reasonable jury could find Defendant's proffered reasons to be pretextual.
Third, Plaintiff takes issue with Defendant's argument that his sales to NicePak, Terumo, and Dade International should be discounted when evaluating his performance. In its Reply Brief in Support of its Motion for Summary Judgment, Defendant argues that Plaintiff's overall sales performance was not as strong as it may appear because the strong numbers for NicePak, Terumo, and Dade International were attributable to either the organic growth of those companies or the efforts of others, and not due to any work done by Plaintiff. To make such an argument, Plaintiff asserts, is evidence of pretext because Plaintiff was specifically directed to emphasize sales to those clients in the PIP. However, directing Plaintiff to emphasize sales to particular clients does not preclude Defendant from subsequently being displeased with Plaintiff's efforts on that front, or making the case that Plaintiff did not follow the directive given him despite accruing positive numbers. In short, there is nothing about Defendant's argument that makes its proffered reasons for terminating Plaintiff implausible or inconsistent, or suggests that they were merely pretext.
Fourth, Plaintiff offers the declarations of Stacey Hammer and Virginia Cullison, two former Regional Sales Representatives at Amcor, as evidence that Heezen discriminated against the two of them on the basis of their gender. However, such evidence does nothing to undermine Defendant's proffered reasons for terminating Plaintiff, as evidence of alleged gender discrimination is not relevant for proving a claim of racial discrimination. See Simonetti v. Runyon, No. 98-2128, 2000 WL 1133066, at *6 (D.N.J. Aug. 7, 2000) (finding that "[p]ursuant to Federal Rules of Evidence 401 and 403, the plaintiff may not use evidence of one tye of discrimination to prove discrimination of another type"), aff'd, 276 F.3d 579 (3d Cir. 2001); Lanni v. New Jersey, 177 F.R.D. 295 (D.N.J. 1998) (finding that allegations regarding one form of discrimination are inadmissible and irrelevant to a claim for another form of discrimination).
In fact, the Declarations of Hammer and Cullison serve to undermine Plaintiff's claims. Both Hammer and Cullison, who are white, assert that they were deemed by Heezen to be poor performers in spite of allegedly high sales numbers. Hammer asserts that after she left Amcor, Heezen determined that she was not eligible for re-hire because she was a poor performer. Similarly, Cullison asserts that she was placed on a PIP by Heezen. In the face of such evidence, Plaintiff would be hard-pressed to convince a reasonable fact finder that an invidious discriminatory reason was more likely than not a motivating or determinative cause of his termination. Cf. CBOCS West, Inc. V. Humphries, 128 S.Ct. 1951, 1963 (U.S. 2008) (Thomas, J., dissenting) (noting that an employer who treats African-American and white employees similar "has not discriminated on the basis of anyone's race").
Fifth, Plaintiff asserts that he did not have any problems with his communication with clients or with Heezen. In support of his position, Plaintiff relies upon the Declarations of Cullison and Ken Pouliot, a former Amcor sales representative, as well as his own allegations. In her Declaration, Cullison asserts that "when [she] had communications with him [she] found his communications to be good." Pouliot asserts in his Declaration that since departing Amcor he has stayed in contact with individuals from Nice Pak, Dade, and Terumo, and that these individuals all found Plaintiff to be a good communicator. It is well established, however, that a party opposing summary judgment must do more than just rest upon mere allegations, general denials, or vague statements. Saldana, 260 F.3d at 232. These vague generalizations about Plaintiff's communication skills do not address any of the specific problems highlighted by Defendant. Defendant identified at least six documented breakdowns in Plaintiff's communications with clients for which Plaintiff has offered only his own unsupported allegations in rebuttal. Likewise, Plaintiff has offered nothing beyond his allegations to address his alleged communication problems with Heezen. Accordingly, the Court finds that no reasonable jury could rationally infer that Defendant did not terminate Plaintiff for the legitimate reasons proffered based upon the vague generalizations presented.
Finally, although Plaintiff made no arguments about this issue in his briefs, the Court notes that there is evidence in the record that Heezen made a comment to Plaintiff of a racial nature. Specifically, in January 2006, Heezen allegedly made remarks to Plaintiff to the effect that black men know how to post-up in the low post, but do not know the medical packaging business. In response, Plaintiff allegedly stated that he was the type of player who could not post-up his grandmother. At his deposition, Plaintiff testified only that the statement "could be" interpreted as discriminatory. Indeed, courts have held that such comments are insufficient to demonstrate pretext. See Robinson v. Montgomery Ward & Co., 823 F.2d 793, 795 (4th Cir. 1987) (finding comment by plaintiff's supervisor that "blacks could not succeed at anything but sports" was insufficient to demonstrate discriminatory animus or pretext); Perry v. Prudential-Bache Secs., Inc., 738 F. Supp. 843, 853 n.5 (D.N.J. 1989) ("[O]ff-hand comments of a joking nature are rarely considered to create sufficient doubt so as to raise an inference of intentional discrimination."), aff'd, 904 F.2d 696 (3d Cir. 1990). The comment is also tempered by the fact that Heezen was the one who initially hired Plaintiff. See Maidenbaum v. Bally's Park Place, 870 F. Supp. 1254, 1266 n.24 (D.N.J. 1994) ("Employers who knowingly hire workers within a protected group seldom will be credible targets for charges of pretextual firing.") (internal quotes omitted), aff'd, 67 F.3d 291 (3d Cir. 1995); Young v. Hobart West Group, 897 A.2d 1063, 1070 (N.J. Super. App. Div. 2005) (noting that employee having been hired and fired by same person "strongly counters against inference of discrimination"). Accordingly, the Court finds this to be simply a stray remark, which no reasonable jury could find Defendant's proffered reasons to be pretextual upon. See Armbruster v. Unisys Corp., 32 F.3d 768, 779 (3d. Cir. 1994) (holding that a single comment, is not sufficient evidence to establish a pattern of discrimination, even if that comment is made by a supervisor); Salkovitz v. Pioneer Electronics (USA), Inc., 188 Fed. Appx. 90, 94 (3d Cir. 2006) (finding comments, taken in light of the strong evidence that he was not qualified for the job, don't suggest "hidden motivations").
Thus, Plaintiff has failed to carry his burden of creating a genuine issue of material fact with respect to whether Defendant's proffered legitimate reasons for terminating him were pretextual. Summary judgment must therefore be entered against Plaintiff on Count I of his Complaint.
2. Retaliation Claim
In Count II of his Complaint, Plaintiff asserts that Defendant retaliated against him after he filed a complaint with the Equal Employment Opportunity Commission ("EEOC") in violation of both Title VII and the NJLAD. After he filed his EEOC complaint, Plaintiff alleges that a harassing phone call was made to his home by someone using a phone number registered to Defendant.
Claims of retaliation under both Title VII and the NJLAD are analyzed under the well established burden shifting framework of McDonnell Douglas described above.*fn6 See 411 U.S. at 803-05. Under that framework, a plaintiff must first establish a prima facie case by showing that: (1) he engaged in protected employee activity; (2) the employer took adverse action against him after, or contemporaneous with, his activity; and (3) a causal link exists between his activity and the employer's action against him. Muzslay v. City of Ocean City, 238 Fed. Appx. 785, 789 (3d Cir. 2007) (citing Abramson v. William Paterson College, 260 F.3d 265, 286 (3d Cir. 2001)). Should the plaintiff establish a prime facie case, a presumption of discrimination is created and the burden of production shifts to the defendant to articulate some legitimate, nondiscriminatory reason for its actions. McDonnell Douglas, 411 U.S. at 803. Once the employer answers its relatively light burden by articulating a legitimate, nondiscriminatory reason for the unfavorable employment decision, the burden of production rebounds to the plaintiff, who must show by a preponderance of the evidence that the employer's explanation was merely a pretext for its actions, thus meeting the plaintiff's burden of persuasion. Id.
The parties do not dispute that Plaintiff's EEOC complaint constitutes protected activity. Accordingly, the only question is whether Defendant took an adverse action against Plaintiff because he filed his complaint. Plaintiff asserts that approximately one month after he filed his EEOC claim, someone called his house at 5:13 a.m. from a phone number registered to Rexam Healthcare, a subsidiary of Amcor, and said, "Nigger you filed a complaint against us." (Pl. Stat. of Mat. Facts at ¶¶ 15-16.) As evidence of the phone call, Plaintiff has submitted a photograph of the Caller-ID screen from his telephone.
In opposition, Defendant argues that these alleged statements are inadmissible hearsay, because it was Plaintiff's wife who picked up the phone and heard them. Defendant also argues that the photograph of Plaintiff's Called-ID is inadmissible because it is not authenticated. Further, Defendant argues that the phone call at issue never occurred. In support of this argument, Defendant provides a certification from TDS Telecommunications Corporation, the service provider for the phone number that allegedly called Plaintiff, which sets forth that no calls were made from that number to Plaintiff's home between June 1 and June 8, 2006. Finally, Defendant argues that Plaintiff has failed to present any evidence that anyone at the facility where the phone used to make the call was located had any knowledge of Plaintiff's protected activity, and so Plaintiff cannot demonstrate that the call was causally linked to his EEOC claim.
The Court does not find Defendant's evidentiary concerns persuasive. The statements at issue are not being offered for the truth of the matter asserted and accordingly do not fall within the definition of hearsay. See Fed. R. Evid. 801(c). The Court is likewise satisfied that the photograph of the Caller-ID has been sufficiently authenticated. Although Plaintiff did not take the photograph in question he identified the picture as being of his Caller-ID in his Declaration.
With respect to whether the phone call at issue ever occurred, Plaintiff argues that the fact that the service provider has no record of the call is not dispositive of the issue. Plaintiff asserts that the caller could have placed the call using a credit card, in which case the call would allegedly not appear on the company's phone records. While Defendant dismisses Plaintiff's argument as mere conjecture, in the face of the Caller-ID information on Plaintiff's telephone and his testimony, in addition to the possibility that the telephone service providers records are not dispositive, the Court cannot find at this time that no reasonable jury could return a verdict in Plaintiff's favor on this issue.
Finally, Defendant's argument that Plaintiff cannot demonstrate a causal relationship between the alleged harassing phone call and his protected activity ignores the alleged substance of the call itself. Plaintiff alleges that the caller stated "you filed a complaint against us." This statement by itself is capable of creating a genuine issue of material fact with respect to the causal relationship between the call and Plaintiff's protected activity. Thus, the Court finds that while Plaintiff has failed to establish that no reasonable jury could find for Defendant on this claim, a genuine issue of material fact exists as to whether Plaintiff was subjected to a harassing telephone call in response to his filing of a protected EEOC claim.*fn7 The motions of both parties for summary judgment on Count II must therefore be denied.
3. Defamation Claim
In Count III of his Complaint, Plaintiff alleges that Defendant defamed him by informing a potential employer that he was terminated for poor work performance in response to an inquiry from them. Plaintiff asserts that by releasing the allegedly false information to an unauthorized party, Defendant slandered him with the intention of causing him harm. (Compl. at ¶¶ 27-28). In response, Defendant contends that statements made by an Amcor employee to the potential employer was both true and privileged.
Under New Jersey law, to establish a cause of action for defamation, a plaintiff must show: "(1) a defamatory statement of fact; (2) concerning the plaintiff; (3) which was false; (4) which was communicated to a person or persons other than the plaintiff; (5) with actual knowledge that the statement was false or with reckless disregard of the statement's truth or falsity or with negligence in failing to ascertain the truth or falsity; and (6) which caused damage." Badrinauth v. MetLife Corp., No. 04-2552(PGS), 2008 WL 906459, at *4 (D.N.J. 2008) (citing Santosuosso v. NovaCare Rehabilitation, 462 F. Supp. 2d 590, 600 (D.N.J. 2006)). A plaintiff can not make a prima facie case of defamation if the contested statement is essentially true. Hill v. Evening News Co., 715 A.2d 999, 1003 (N.J. 1998).
Further, a communication is privileged where the defendant has a legitimate interest in the subject matter of the communication and it is made in good faith to a person with a corresponding interest or duty in the subject matter. See Bainhauer v. Manoukian, 520 A.2d 1154, 1169 (N.J. Super. App. Div. 1987). For example, employers generally have a legitimate interest in responding to requests from prospective employers for information about current or former employees. See Kass v. Great Coastal Express, 704 A.2d 1293, 1294 (N.J. 1998) (stating that "a qualified privilege extends to an employer who responds in good faith to the specific inquiries of a third party regarding the qualifications of an employee"); Enriquez v. West Jersey Health Sys., 777 A.2d 365, 378-79 (N.J. Super. App. Div. 2001) ("In . . . an action brought against a former employer for publishing defamatory information about the employee to prospective new employers, a qualified privilege extends to the defendant who responds in good faith to specific inquiries about the employee's qualifications.")
Here, Wendi Fletcher, one of Amcor's Human Resources employees, completed a form from a potential employer of Plaintiff indicating that he was not eligible for rehire because he was "released for performance." Prior to releasing this information, Amcor received a Pre-Employment Inquiry Release signed by Plaintiff, authorizing Amcor to furnish information regarding his employment there "without reservations." Defendant simply completed a form that Plaintiff expressly authorized them to complete. Moreover, Plaintiff has not presented any evidence that Fletcher knew or recklessly disregarded the alleged falsity of the statement. Thus, the Court finds that no reasonable jury could return a verdict in favor of Plaintiff on Count III, and that summary judgment must therefore be entered against him.
For the reasons set forth above, Plaintiff's Motion for Partial Summary Judgment is denied, while Defendant's Motion for Summary Judgment is granted in part and denied in part. An appropriate Order will be issued.
At Camden, New Jersey
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
Cottages of Paradise Point - Seahorse Cottage
From $285 / night
Description from the owner
Description from the owner
Bedrooms: 2/
Bathrooms: 2/
Sleeps: 6/
Type: Cottage
Book this 2 bedroom, 2 bathroom cottage in Fort Myers Beach today! A total of 6 people can sleep here comfortably.
Guests can enjoy a pool, deck, and outdoor grill among other amenities offered by this rental.
Travelers are sharing their opinions on this property. It has an overall rating of 5/5 thanks to an average of 26 reviews.
Costs vary, with the average weekly rate as low as $1,800.00 to as high as $3,400.00, depending on travel dates.
The owner responds to 95% of inquiries and last updated the property's calendar 5 months ago, so this rental may not be available for your requested dates, but please inquire to confirm.
Proximity to TripAdvisor's Top Fort Myers Beach Attractions
Proximity to TripAdvisor's Top Fort Myers Beach Attractions
Reviews (18)
Also consider
- FlipKey has rentals in over 11,000 destinations around the world:
- Hawaii vacation rentals- 8,108 rentals from $99/night
- Costa Rica vacation rentals- 3,650 rentals from $60/night
- Dennis Port vacation rentals- 1,804 rentals from $100/night
- Bahamas vacation rentals- 978 rentals from $113/night
- Sunset Beach vacation rentals- 704 rentals from $85/night


text:
Written on: 25/10/2013 by dudiduman (1 review written)
I have to say that I am very pleased about my purchase. The order arrived very quickly and even before the estimated delivery date and was exactly as described in the store's page. Also I would like to point out that the priced in the store are great and affordable and the store's team answered all my questions before I made an order. I highly recommend this store to anyone and I would definitely shop there again in the future.
As rated by our community of reviewers
" Amazing customer service! " Read More
" Parcel not received " Read More
" Indoor quoits rings " Read More
" This is not a genuine website. It's a sham. They take your order an... " Read More
" Giant wood car ramp toy " Read More


text:
102-Year-Old Loses Something VERY Important While Celebrating Birthday
You only turn 102 once (if you're lucky), so this woman decided to mark the occasion in style.
You only turn 102 once (if you're lucky), so this woman decided to mark the occasion in style.
Can you be this guy's new daddy?
T-minus one week and counting until the very last Late Show with David Letterman and the tributes are coming faster and faster, and sadder and sadder. I hope on the last installment of Stupid Pet Tricks one of the tricks is a shih tzu shedding a single tear for the end of this venerable late-night franchise, which comes to a close on May 20. It's only fitting.
He may be the world's most well-known athlete, but there are still some corners of the world that LeBron James hasn't taken over.
You know those extra two shoelace holes that sit off to the side on your running shoes, just far enough that no one ever seems to use them? Did you think they were just a decoration? Turns out they actually do serve a purpose. Mystery solved!
Meghan Linsey tackled a country classic during The Voice semi-finals Monday night (May 11), performing the George Jones song "Tennessee Whiskey."
Brad Paisley has assembled a team of country superheroes in his new animated video for "Crushin' It." Brad not only came up with the concept himself, he also drew the cartoon caricatures.
Forget good deals, free shipping and the fact you can stay in your jammies -- this is why shopping online is the way to go.
Sunday may have been Mother's Day, but it was a dad who stole the show in the City of Brotherly Love.
Scotty McCreery is in college now, but he took a trip back in time during a visit to his old elementary school on Thursday (May 7) for a very special performance.


text:
Property Reference No: NRE-R-1332
Palm Jumeirah, Palm Views West
Studio Apartment
Size: 550 sq.ft.
Sea View
For Sale: AED 1,380,000
For Inquiries please call: Natalia 050 7215596
Office: 055 5268234 / 04 3466252
For more property listings visit:nadiapro.com
Palm Jumeirah has been described as a wonder of the modern world a colossal man-made island, formed in the shape of a date palm, stretching more than five kilometres off the coast of Dubai into the clear, calm waters of the Arabian Gulf.
Spectacular waterfront living is at the heart of the Palm Jumeirah ethos. It is already home to some of the worlds most desirable residential properties, as well as a growing collection of the finest five-star hotels and restaurants, unmatched leisure facilities and miles of unspoiled beaches, and the Nakheel Mall and Hotel, to be constructed in 2013, will offer truly world-class shopping, dining and entertainment facilities. Palm Jumeirah is Dubais premier residential development and one of the most sought-after places to live and visit in the world.
The unique Palm Views development is the ultimate in modern, pied--terre style waterfront living. In addition to spectacular views over the 700-berth Palm Marina, the Arabian Gulf and the stunning Dubai skyline, Palm Views residents can enjoy convenient access to Al Ittihad Park and the Nakheel Mall, as well as access to a stylish clubhouse. Palm Views residences are superbly designed, constructed to the highest quality and finished with unabashed indulgence.
-Basement parking
-Built in wardrobes
-Central air conditioning
-Community View
-On low floor
-Shared swimming pool
-View of sea/water
-Children's play area
-Communal gardens
-Public park
-Public transport


text:
Basic Economics
Basic Economics: A Common Sense Guide to the Economy is a layman's guide to the basics of economics, free from technical jargon, written by Thomas Sowell. Thomas Sowell, currently the scholar in residence at the Hoover Institution at Stanford University, uses real-life examples from around the world in order to illustrate his points, declaring that learning economics should be both uncomplicated and eye-opening.
Currently in its fifth edition, Basic Economics has the benefit for the lay reader of being devoid of charts and graphs. Sowell wants the book to inform readers, especially in the ways in which basic economic principles affect daily lives and society. Sowell claims in the book that the basics underlying principles of economic thought are not hard to understand, and are largely similar in both ancient and modern societies, around the world. At its most basic level, economics, according to Sowell, is the study of the use of scarce resources that have some alternative use.
Basic Economics explores the results of decisions that human beings, individually and in groups, make regarding the use of land, labor, and capital, in that these decisions are often more consequential to society than the resources being used. As Sowell points out in Basic Economics, the science of economics is not business administration or predicting the rise or fall of the stock market. Instead, it is systematic study of cause and effect, where consequences of decisions are more important than any goal.