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November 29, 2012
ISAAC DAWSON, PLAINTIFF,v.SACRAMENTO COUNTY JAIL, DEFENDANTS.
This civil rights action was closed on October 10, 2012. On November 2, 2012, plaintiff filed a letter stating that he hoped the instant case was still open, and, if not, that the court would re-open his case. Docket # 15. The court will liberally construe the letter as a motion for relief from judgment under Fed. R. Civ. P. 60(b)(1).
Under Rule 60(b)(1), "[on] motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for ... mistake, inadvertence, surprise, or excusable neglect."
Excusable neglect "encompass[es] situations in which the failure to comply with a filing deadline is attributable to negligence," Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd., 507 U.S. 380, 394, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993), and includes "omissions caused by carelessness," id. at 388, 113 S.Ct. 1489.
Lemoge v. United States, 587 F.3d 1188, 1192 (9th Cir. 2009).
To determine whether a party's failure to meet a deadline constitutes "excusable neglect," courts must apply a four-factor equitable test, examining: (1) the danger of prejudice to the opposing party; (2) the length of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4) whether the movant acted in good faith. Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993); Briones v. Riviera Hotel & Casino, 116 F.3d 379, 381 (9th Cir.1997) (adopting this test for consideration of Rule 60(b) motions). Through other decisions, including Bateman v. U.S. Postal Serv., 231 F.3d 1220 (9th Cir.2000), and Pincay v. Andrews, 389 F.3d 853 (9th Cir.2004) (en banc), we have further clarified how courts should apply this test.
Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1261 (9th Cir. 2010).
Plaintiff filed the instant civil rights complaint while he was an inmate in Sacramento County Main Jail, on April 12, 2012. Plaintiff failed to file a completed application to proceed in forma pauperis and was granted thirty days' leave to do so by order filed on April 30, 2012. Plaintiff filed a completed application on May 14, 2012. Plaintiff was granted in forma pauperis status and the complaint was dismissed with leave to amend in twenty-eight days, by an order filed on July 9, 2012, wherein the deficiencies of the complaint were set forth.
Thereafter, on July 20, 2012, the Sacramento County Sheriff's Department filed a notice, stating that plaintiff was no longer in jail custody and had been transferred on May 30, 2012. However, the docket indicates that at no time has plaintiff filed a notice of change of address. On July 24, 2012, plaintiff's mail from the court was returned as undeliverable. On August 27, 2012, the magistrate judge recommended dismissal of the action without prejudice, plaintiff having failed to file an amended complaint and the time for doing so having expired, citing Local Rule 110; Fed. R. Civ. P. 41(b). It was also stated therein:
Although it appears from the file that plaintiff's copy of the order was returned, plaintiff was properly served. It is the plaintiff's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.
Docket # 12.
The findings and recommendations were returned to the court as undeliverable, once again, on September 4, 2012. On October 10, 2012, the undersigned adopted the findings and recommendations in an order observing that the findings and recommendations had been returned and again noting that, nevertheless, as set forth above, plaintiff had been properly served pursuant to L.R. 182(f). This action, therefore, was dismissed without prejudice and judgment thereon entered.
In plaintiff's motion to re-open, he offers no substantive explanation for having failed to provide the court with a notice of change of address since his transfer from county jail to state prison custody, indeed, he does not even provide such notice with his present motion. Plaintiff states that it is his hope that his case, his first lawsuit, is still open, and, if not, that it be re-opened. He makes a passing reference to having been told that because he was now in prison, he would have to wait for his mail to be forwarded, and provides as the reason for his present writing that he has not received court mail regarding this case for some five months. He does not even now appear to be aware that it is his responsibility to keep the court apprised of his current address. In other words, for the court to be make sure that he receives even this order has required court clerk staff to seek his current whereabouts by way of the California Department of Corrections and Rehabilitation (CDCR) website's inmate locator.
Given the posture of this case when it was closed, the court finds that, with regard to the question of whether or not plaintiff is entitled to have his case re-opened on the basis of excusable neglect, the first factor, danger of prejudice to the opposing party, and the second factor, the length of the delay and its potential impact on the proceedings, weighs less heavily than the third and fourth factors, the reason for the delay and whether plaintiff has acted in good faith, respectively. Plaintiff, on the basis of ill-defined advice he received from an uncertain source regarding how he would be receiving mail once transferred from jail to prison, failed, for a five-month period, to make any effort whatever to contact this court, and has still, to this point, failed to provide the court with his present mailing address. Plaintiff simply does not provide a sufficient reason to explain the length of the delay, and he does not make an adequate showing of good faith with respect to any effort at all that he made to assure, while his case was open, that his case proceeded. Moreover, his case was dismissed without prejudice, therefore, plaintiff is not foreclosed from seeking to proceed in a new action.
Accordingly, IT IS ORDERED that: 1. Plaintiff's request for his case to be re-opened, construed as a motion for relief from judgment under Rule 60(b)(1), filed on November 2, 2012 (docket # 15), is denied; and
2. The Clerk of the Court is directed to serve a copy of this order on plaintiff as follows: Isaac Dawson #AL5674 / Deuel Vocational Institution / PO Box 600 /Tracy, CA 95378-0600.
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Simon McGrath concludes his blog about the remarkable Prof George Davey Smith's smart ideas for understanding diseases, which may soon be applied to ME/CFS.
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UK Govt Funds Biomedical CFS/ME Research! Or Does It?
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Man of few words using chalk to share thoughts with neighbours Add to ...
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text: Metanoia by EVANVIERA published on 2012-06-13T21:40:14Z From all original recordings. Comment by audiocastle great ambient noise! 2014/07/19 00:30:26 +0000 Comment by black holes sing hypnotic 2014/05/30 17:46:05 +0000 Comment by MadRuff clean ideal music, thank you, cleans soul 2013/04/12 09:10:53 +0000 Comment by Nirmell Satthiyasilan Truly enchanting and awesome music here! Transforms you straight into a mysterious fantasy world. Thanks ! 2013/04/06 08:56:49 +0000 Comment by sircle Another great track! 2012/09/18 20:41:20 +0000 Comment by Euan Atkinson amazing sample work 2012/07/19 19:02:59 +0000 Comment by Zehl Valk love the pitching warble here... really adds to the melancholia! 2012/07/16 16:56:55 +0000 Comment by ASYMMETROI FAROI Fantastic! very good work! 2012/07/14 00:38:18 +0000 Comment by r-e-d-i-v-i-d-e-r fucking awesome. 2012/07/12 03:35:38 +0000 Comment by EVANVIERA @snakefeathers: Absolutely, I'm very much a fan of his work. Have you listened to William Basinski's "The Disintegration Loops"? If not, definitely check it out. Very similar to Caretaker, and equally fantastic. Thanks for the comments! 2012/06/27 04:05:20 +0000 Comment by SLEEPMACHINEGUN Are you a fan of Caretaker at all? This reminds me a bit of his stuff, not in an imitative way, just a similar aesthetic... which I happen to be a big fan of. 2012/06/26 00:21:18 +0000 Comment by SLEEPMACHINEGUN beautifully warped. Thanks for submitting this! 2012/06/26 00:17:42 +0000 Comment by Stephan Dragesser fantastic Intro!!! 2012/06/25 18:01:10 +0000 Comment by HAMZA B @hamzabotic: great, i like it 2012/06/22 19:58:15 +0000 Comment by Pouff Yikes! What a mesmerizing and uncomfortable ride! Psychedelic and lucid! 2012/06/21 01:22:30 +0000 Comment by Mandee Young As I was sitting here listening to this I closed my eyes and felt so relaxed.. This was a great piece to just lay down and close your eyes to.. 2012/06/20 03:36:06 +0000 Comment by Mind Field Records Deep and sensual.... thought provoking... 2012/06/15 21:17:14 +0000 Comment by nagamii Though I feel very unstable ... it sounds good. I feel like watching old silent movie from this sound. 2012/06/14 12:14:33 +0000 Comment by UnconsciousLaws Great work man, awesome compo!! Love it 2012/06/14 10:34:58 +0000


text: Hung: KMT-CCP Forum to Seek Solution to Cross-Strait Stalemate Sources: KMT Culture and Communications Committee October 19, 2016 The KMT-CCP forum will be held from November 2 to 3 in Beijing. KMT Chairperson Hung Hsiu-chu (洪秀柱) is expected to meet with Xi Jinping, General Secretary of the Chinese Communist Party, on November 1 when she visits Beijing for the forum. Yesterday, Hung met with members of the KMT legislative caucus. She stated that holding the forum would present an opportunity to extricate the nation from the current cross-Strait deadlock, adding that the party's responsibility was to lead the public, instead of following the crowd. KMT legislators requested that Hung refer to the "1992 Consensus/one China, different interpretations (一中各表)" and "the R ... ( Full Article )


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decided: December 31, 1970.
VIRGINIA WOODRING MOOREv.COMMONWEALTH OF PENNSYLVANIA
Appeal to the Court of Common Pleas of Dauphin County from the adjudication and order of the State Civil Service Commission, No. 1043. Appeal transferred September 1, 1970, to the Commonwealth Court of Pennsylvania.
James W. Evans, with him, Goldberg, Evans & Katzman, for appellant.
Vincent J. Dopko, Deputy Attorney General, with him John P. Fernsler, Deputy Attorney General and Fred Speaker, Attorney General, for appellee.
President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Manderino, Mencer and Barbieri. Opinion by Judge Barbieri. Concurring Opinion by Judge Crumlish, Jr.
[ 1 Pa. Commw. Page 74]
Virginia Woodring Moore appeals from the adjudication by a majority of the State Civil Service Commission sustaining the action of the Commissioner of Professional and Occupational Affairs in ordering her
[ 1 Pa. Commw. Page 75]
removal from her position as Secretary of the State Board of Nurse Examiners. Her threefold contentions before us are (1) that the Commissioner was without authority to order her removal because he is not the appointing authority for the post of Secretary, State Board of Nurse Examiners; (2) that, even if he were, there are no findings of fact supported by substantial and credible evidence to support the order of the Civil Service Commission; and (3) that the dismissal order is defective because it is based upon discrimination or nonmerit reasons. As will appear, it will be unnecessary for us to consider appellant's second and third contentions.
It is basic in the law of this Commonwealth, stemming from Article VI, Section 7 (formerly Section 4), of the Pennsylvania Constitution, that the employe's superior having the power to appoint to the position has the power of removal. See Suerman v. Hadley, 327 Pa. 190, 199, 193 A. 645, (1937). "Appointing authority" is defined in Section 3 of the Civil Service Act of 1941, as amended, subsection (e),*fn1 as ". . . the officers, board, commission, person or group of persons having power by law to make appointments in the classified service". (Emphasis added.) That Act also provides in subsection (a) of Section 807, (71 P.S. 741.807) that: "no person in the classified service shall be removed except for just cause. . . [W]ritten notice of removal setting forth the reasons for such action and effective date thereof must be furnished. They shall have ten days from the receipt of such notice to give the appointing authority such written answer as the person removed may desire . . ."; and in subsection (b) that "Charges against any employee in the classified service asking for his removal for a violation of law or for any cause enumerated in the rules may be filed by any
[ 1 Pa. Commw. Page 76]
citizen or taxpayer with the appropriate appointing authority and with the director". (Emphasis added.)
Section 951.5 of the Civil Service Commission rules provides: "Procedure under Section 951(a) Civil Service Act. The appointing authority will go forward to establish the charge or charges on which the personnel action was based.*fn2 (Emphasis added.)
It follows from all of the above that unless the removal action and the proceedings before the Civil Service Commission were carried out by appellant's "appointing authority", the adjudication appealed from cannot be sustained.
Appellant was "elected" by the State Board of Nurse Examiners to serve as Secretary to the Board from a group of five applicants by a vote on September 26, 1957. Approval of the Governor was required so that her appointment was not effective until January 2, 1958. The Board, then part of the Department of Public Instruction, also voted to fix her salary with the approval of the Superintendent of Public Instruction. This was in accordance with Section 418 of the Administrative Code,*fn3 which reads: "The State Board of Nurse Examiners shall consist of the Superintendent of Public Instruction and five members who shall be registered nurses . . . Three members of the Board shall constitute a quorum, and the Board shall select, from among its members, a chairman and shall elect a secretary who need not be a member of the Board . . . [T]he secretary shall receive such reasonable compensation as shall be determined by the Board, with the approval of the Superintendent of Public Instruction".
By amendment to the Administrative Code in 1963, the State Board of Nurse Examiners was transferred
[ 1 Pa. Commw. Page 77]
from the Department of Public Instruction and, with many other examining boards, became a part of the Department of State under a new administrative system headed by a "Commissioner of Professional and Occupational Affairs."*fn4 Under the terms of subsection (b) of Section 810, added by the amending Act of 1963, the Commissioner takes the place of the Superintendent of Public Instruction as an ex officio member of each board, including the State Board of Nurse Examiners. Also in Section 810, the powers of the Commissioner are spelled out. Some of the pertinent subsections concerning his powers read: "(4) To assist any professional and occupational examining board within the department, if, as and when requested by the board ; . . . (8) To be responsible for all administrative affairs of each of the professional and occupational examining boards and to coordinate their activities; (9) To perform all the powers and duties relating to professional and occupational examining boards that heretofore were imposed upon the Superintendent or the Department of Public Instruction."*fn5 (Emphasis added.)
Under Section 812 of the Code, also added by the 1963 amending Act, each examining board retains the powers it had prior to 1963. The pertinent part of this new section reads: "The professional and occupational examining boards within the Department of State, shall, respectively, exercise the rights and powers and perform the duties by law vested in and imposed upon them . . .". 71 P.S. 279.3.
It is evident from analysis of the Code before and after the amendments of 1963 that the Commissioner of
[ 1 Pa. Commw. Page 78]
Professional and Occupational Affairs is now in the shoes of the Superintendent of the Department of Public Instruction. If the Superintendent was appellant's appointing authority, the Commissioner now is, and as such would have the power to remove the appellant for just cause. If, however, the powers of the Superintendent and Commissioner are limited to administration over, but without power to appoint, the Secretary to the State Board of Nurse Examiners, the effort to remove the appellant in this case is without legal justification.
Counsel for appellant, recognizing the changes effected by the 1963 amendments, points to the unchanged provision in Section 418 that "the Board . . . shall elect a secretary", and argues that while the amendments give the Commissioner authority over the administrative affairs of the Board, it grants no appointing power to him so that the Board was and still is the appointing authority.
Counsel for the Civil Service Commission does not question the fact that the Board's electing power remains unaffected by the amendment, but contends that Section 214 of the Code puts the appointing power in the head of the administrative department in which the Board functions, which was the Superintendent of Instruction before the 1963 amendments and now is the Commissioner of Professional and Occupational Affairs. Section 214 reads: "Except as otherwise provided in this section and in the Civil Service Act, the heads of the several administrative departments. . . and the independent administrative boards and commissions, shall appoint and fix the compensation of such directors . . . secretaries. . . clerks, stenographers, . . .". 71 P.S. 74. (Emphasis added.)
Appellant argues that the term "secretaries" in Section 214 does not include her post which is in the
[ 1 Pa. Commw. Page 79]
"classified service" under the Civil Service Act,*fn6 because, she asserts, the exception in Section 214 "specifically excludes appointments made under the Civil Service Act."*fn7
In our view, we need not decide whether Section 214 applies to civil service employes, since we see the question of appointing power in this case as one which is entirely within the Administrative Code. We conclude that the apparent conflict in what appear to be two different appointing powers in Sections 214 and 418 of the Code is readily resolved by reference to what we believe to be the statutory intent.
First of all, the language in Section 214 is general, whereas the language in Section 418 is specific, clear and unambiguous in describing precisely how this particular appellant's position must be filled: "The State Board of Nurse Examiners . . . shall elect a secretary . . .". Secondly, the legislature has actually dealt with the role of the Board's departmental administrator in Section 418, limiting his participation in the Board's control over its secretary to approval of "such reasonable compensation as shall be determined by the Board . . .". 71 P.S. 128.
It is our conclusion, therefore, that the Board has the absolute power to appoint by elective selection its own secretary or executive manager free from review or veto by the Commissioner. Our view is bolstered by the language in Section 503 of the Code, which reads: "Except as otherwise provided in this Act, departmental administrative bodies, boards, and Commissions, within
[ 1 Pa. Commw. Page 80]
the several administrative departments, shall exercise their powers and perform their duties independently of the heads of or any other officers of the respective administrative departments with which they are connected, but, in all matters involving the expenditure of money, all such departmental administrative boards and commissions shall be subject and responsible to the departments with which they are respectively connected." 71 P.S. 183. (Emphasis added.)
If this court should affirm the removal of appellant from her post, who could fill or appoint to that vacancy? If the Commissioner is the appointing authority, he should be able to make the appointment. Since he cannot, he is not appellant's appointing authority. Consequently, he cannot by virtue of his office remove her. Accordingly, the adjudication of the State Civil Service Commission will be reversed.
We are aware that under our ruling the Commissioner who must administer the Board's affairs is deprived of a basic disciplinary power which often is attached to and is part of the power to administer. This is not unusual, however, since in the government services many situations exist where appointments by one authority (such as the Governor) are made to posts which must function under administrators who are without power to remove the appointees. The Board of Nurse Examiners in this case is an example.
We are comfortable with our conclusion because the legislative intent that we read, including the provisions noted above from Section 503 of the Code, is that the professional licensing boards should function independently and, to this end, at least have the power to choose their executive secretary. We see what happened in this case as a possible example of what can happen when a Board secretary views her first allegiance and loyalty to be to the Board which appointed and hired her, rather than to one who exercises over-all administration
[ 1 Pa. Commw. Page 81]
of a department in which her board is one of many. Her loyalty and competence are dramatically recognized and attested to by her Board. Except for the Commissioner, an ex officio member, the Board was unanimous in supporting her in their dismayed protest to the Governor over the Commissioner's action in ordering her dismissal.
It is obvious, and we believe the legislative intention, that the executive manager of a sensitive licensing board should be appointed and serve at the pleasure of a board whose members are from far flung areas of the Commonwealth and who meet infrequently at the seat of government. An executive secretary such as the one in this case must be responsible to the board that she serves. This does not comport with the idea that someone else should decide such questions as her administrative and executive competence.
If it is suggested that the Commissioner ought to have a remedy where he has just cause for removal of an employe attached in some way to his administrative area, the answer may be found in the provisions of Subsection (b) of Section 807 of the Civil Service Act, (77 P.S. 741.807), which provides that "Charges against any employe in the classified service asking for his removal for a violation of law or for any cause enumerated in the rules may be filed by any citizen or taxpayer with the appropriate appointing authority and with the director".
And Now, this 31st day of December, 1970, the order of the State Civil Service Commission dismissing the appeal of Virginia Woodring Moore and sustaining the action of the Commissioner of Professional and Occupational Affairs in ordering her removal from her position as Secretary, State Board of Nurse Examiners,
[ 1 Pa. Commw. Page 82]
is reversed; and it is ordered that she be reinstated in her position without loss of pay.
Reversed and appellant reinstated without loss of pay.
Concurring Opinion by Judge Crumlish, Jr., filed December 31, 1970:
I must agree with the opinion of the Court that the order for the removal of Virginia Woodring Moore by the Commissioner of Professional and Occupational Affairs was without authority because the Commissioner was not the appointing authority for the position of Secretary, State Board of Nurse Examiners. However, in reaching this conclusion it was noted that the Secretary functioned as the fulltime executive manager of the Licensing Board exercising both executive and administrative authority over the daily operations of the Board. I cannot agree that this is her proper function.
It is apparent that the crux of the dispute between the Commissioner and the Board relates to the authority to control the daily administration of the Board. The Secretary has indeed heretofore been the executive manager of the Board of Nurse Examiners and has exercised, as such, control over the administration of that office. Since it is the Board to whom she is answerable, she has considered the Board to be her supervisor on both professional and administrative matters. While the sole question before us for adjudication is the propriety of the dismissal, I feel it necessary to comment on the underlying problem relating to the scope of responsibility of the Secretary.
Section 810 of the Administrative Code, 71 P.S. § 279.1, sets forth the duties of the Commissioner as follows: "(1) to establish reciprocity with other states as regards professional and occupational licenses issued by the department, unless otherwise provided by law; (2) to keep the records of all of the professional and occupational examining boards in the City of
[ 1 Pa. Commw. Page 83]
Harrisburg, Dauphin County, Pennsylvania; (3) to issue all certificates and other official documents of the various professional and occupational examining boards in the department. The officers and members, or any of them, of any such examining board may sign such certificates and other documents if the board shall have taken action authorizing such signatures; (4) to assist any professional and occupational examining board within the department, if, as and when requested by the board; (5) to cooperate with the several professions and occupations whose examining bodies are within the department in the determination and establishment of standards of professional education; (6) Whenever under any act of Assembly the right to practice any profession or work at any trade or occupation is conditioned upon examination, licensure or registration by or within the department, unless otherwise provided by law, to hold the examination, make such investigations, require such information and do and perform all other acts which may be necessary to determine whether applicants for licensure or registration are qualified to practice the profession or work at the trade or occupation within this Commonwealth, and in proper cases to issue licenses and certificates of registration: Provided, however, that the power and duty of the Department of Public Instruction to determine, value, standardize and regulate the preliminary education, both secondary and collegiate, of those to be hereinafter licensed or registered to practice any profession or work at any trade or occupation in this Commonwealth shall remain as heretofore and any action so taken shall be made known to the Commissioner of Professional and Occupation Affairs; (7) Unless otherwise provided by law, to fix the fees to be charged by the several professional and occupational examining boards within the department; (8) to be responsible for all administrative affairs of each of the professional
[ 1 Pa. Commw. Page 84]
and occupational examining boards and to coordinate their activities; (9) to perform all the powers and duties relating to professional and occupational examining boards that heretofore were imposed upon the Superintendent or the Department of Public Instruction". (Emphasis added.) Moreover, the Code does not establish the duties of the Secretary, it simply creates the position and names the appointing power in section 418.
It is clear that the Commissioner is responsible for the administration of the Board of Nurse Examiners. Where these powers and duties are provided for by the Act, the Board cannot usurp them. Neither, therefore, can the Board assign them to its designee, the Secretary.
The Board has assumed its own administration and provided for administrative supervision through its Secretary. While these functions rest with the Commissioner, his failure to prohibit the Secretary from exercising these powers does not provide him with the right to dismiss her when her performance does not satisfy him. Instead, he should have relieved her of these duties and assumed them himself under section 810. As I have said, section 214 empowers him to appoint all administrative personnel.
The legislative record of the Act of June 3, 1963, P.L. 63, 71 P.S. 279.1, which established the Commissioner, leaves no doubt that it was the legislative intent that he as a "Commissioner" who would have complete control over the administration and purse strings of the State Boards. See Legislative Journal -- House, pages 285-295 (March 12, 1963); Legislative Journal -- Senate, pages 459-462 (May 14, 1963).
This Court has grappled with the difficult question of whether the Commissioner should have the power to dismiss the Secretary. It has observed that the Administrative Code does not specifically answer this point. I am of the opinion that this omission stems
[ 1 Pa. Commw. Page 85]
not from lack of foresight by the Legislature but instead from the fact that the functions of the Secretary have been expanded by the Board beyond the purpose of the Act which intended the installation of an Administrative Coordinator. If the Commissioner would assert his proper authority over the administration of the Board, instead of attacking the performance of those already performing his duties, the power struggle evidenced by this action could give way to proper administration under the Code.
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"I must retire now to my couch of perpetual indulgence." – Lovelace, Happy Feet Peyton Manning raising the Lombardi Trophy on the Super Bowl 50 podium is the last time we'll ever see him on a football field. The Denver Broncos … Continued
Dabs, complaints and open letters: Cam Newton's road to Super Bowl 50
"He's a showoff." "He's unprofessional." "He's disrespectful." The rhetoric surrounding Carolina Panthers quarterback Cam Newton this season has been filled with complaints about his brash, cavalier style of play. But how can you fault a man who celebrates when he has … Continued
Morning Men Recap: What Babchick learned, Mad Dog's EPIC meltdown and Lisa Ann on Yeezy
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Wet and Puffy Hally Attaches Pump
Added: Wednesday, June 27, 2012
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Hally Looks Super Kinky In Her White fish nets. She has fun playing with her nipples and attaching a sex toy to her big puffy pussy.
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Peanut Butter Pie
Anna Ewing
This pie is my families favoret.I have to make double the recipe.Someone always take one home.
Featured Pinch Tips Video
- 8 oz
- cream cheese
- 1 c
- peanut butter
- 1 c
- confectioners' sugar
- 2 Tbsp
- milk
- 1
- tub cool whip
- 2
- graham cracker pie crust
Directions Step-By-Step
1In a mixing bowl place cream cheese mix until soften then add milk mix on low speed add peanut butter, confectioner sugar.Fold in cool whip.Put in pie crust
2Place in frezzer overnight.Unthaw at room temp.
cut in 8 pieces.
About this Recipe
Course/Dish: Pies
Other Tag: Quick & Easy


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Notorious elephant abuser Hugo Liebel, who exhibits the suffering elephant Nosey (aka "Tiny"), is reportedly forcing her to give rides at the Dentzel Carousel Festival in Indiana right now. Years of being shackled in chains and forced to perform grueling tricks have taken their toll on her. One of the nation's leading elephant experts has characterized Nosey's case as "the worst, most prolonged, documented example of an uncorrected case of suffering and abuse in an elephant I have ever reviewed."
She needs your help.
Join us in urging festival organizers to do right by Nosey by canceling her appearances and sending Liebel packing. And please don't hesitate—you only have until tomorrow, Saturday, August 27, at 9 p.m. to make your voice heard!


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Editorials & reply
Thursday 8 October 2009
Today's corrections
Editorial: The government and the opposition believe in two very different futures for the state. Mr Cameron was admirably honest about that yesterday. Labour must find the strength to take him on
Editorial: The person who is dangerous – in the sense that he is actively undermining Italy's institutions – is Mr Berlusconi
Editorial: A coal-fired power station without meaningful carbon capture would have granted developing countries moral licence to follow suit


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04-07-2004, 12:15 PM #1Newbie
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Supermicro SC812L-350C 1U Rack Mount Chassis - $139!!!
If you are in the market for a quality 1U chassis, this is quite the bargain:
Supermicro SC812L-350C 1U Rack Mount Chassis
Includes 350-Watt Power Supply
$139.00 (was $159)
More information is in our eBay listing:
If you have any questions about this chassis, please feel free to contact us!!!


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Organic Essential Lavender Oil
Terre Exotique
- From the same producer :
- Edible essential oils Terre Exotique
With sublime lavender aromas!
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Samsung Galaxy S II SGH-I777 - 16GB - Black (AT&T) Smartphone
Good value
Long battery life
Small form factor
Brand NewLOWEST PRICE
New Samsung Galaxy S2 II SGH-I777 - 16GB - Black (AT&T) Smartphone Unlocked$177.99Free shipping
- New condition
- Sold by cellstoreusa
- Est. delivery by Dec 12
Pre-OwnedBEST PICK
Samsung Galaxy S II SGH-I777 - 16GB - Black (Unlocked) Smartphone$49.00+ $10.00 Shipping
- Used condition
- Sold by greenwoodphone
- See details for delivery est.
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About this product
Product Information
- Product InformationCommunicate with ease using the Samsung Galaxy S II SGH-I777 smartphone. This stunning phone features a dual-core 1.2 GHz processor and 1 GB RAM that guarantee fast operations, especially when using multiple applications. The Samsung SGH-I777 smartphone boasts a 8 MP back and 2 MP front camera perfect for taking selfies and videos with friends. With 16 GB of memory, this smartphone offers enormous storage space for installing applications and storing personal data. Its 1650 mAh built-in battery offers up to 8 hours talk time, ensuring you stay connected for longer hours with friends and family. The Galaxy S II SGH-I777 smartphone also has a 4.3-inch touchscreen that displays high-definition contents improving your overall smartphone experience.
Product Identifiers
- BrandSamsung
- NetworkAT&T
- Family LineSamsung Galaxy S II
- ModelSGH-I777
- TypeSmartphone
Key Features
- Storage Capacity16GB
- ColorBlack
- Network Generation2G,3G
- Network TechnologyGSM / GPRS / EDGE / WCDMA (UMTS),GSM / WCDMA (UMTS),HSPA+
- BandGSM/GPRS 850/900/1800/1900 (Quadband) WCDMA (UMTS) 850/1900/2100
- StyleBar
- Camera Resolution8.0MP
- Supported Flash Memory CardsMicroSDHC
- Battery Capacity1650 mAh
- Battery Talk TimeUp to 480 min
- Battery Standby TimeUp to 400 hr
- Display TechnologySuper AMOLED Plus
- Screen Size4.3"
Other Features
- Touch ScreenYes
- BluetoothYes
- Digital CameraYes
- GPSYes
- QWERTY Physical KeyboardNo
- Email AccessYes
- Internet BrowserYes
- SpeakerphoneYes
- Height4.96 in.
- Depth0.35 in.
- Width2.6 in.
- Weight4.3 oz
- Release Date9/2011
Most relevant reviews
- hnajjar65Apr 01, 2012by
Galaxy Vs. iPhone
I bought this cellphone as a present to my daughter on her 17th birthday, she was asking for an iPhone but I couldn't afford it, beside, I use to have the iPhone before and I didn't like the complicity of Apple products in general and specially the iTunes thing and the synchronizing process each time you plug your phone to the computer, so it was a chance to try the Android and compare between them. The most thing I like about this Galxy is the simplicity in comparing with the iPhone, all you have to do is plug it to the computer and use it as an external memory. There is really nothing that I don't like about it, it's almost perfect, maybe the cover is not stylish as the iPhone. My other daughter thinking about upgrading her cell phone and she's thinking seriously about the iPhone !!! but I don't know what she's gonna say when she's gonna see the Galaxy.Read full review
- swordzman56Apr 24, 2014by
Android adventures start here
In the beginning, there was a galaxy full of Android devices, and the great Google saw that it was good... But then, Samsung must have seen the same galaxy and thought they could do better. Fresh off the modest success of the first Galaxy S lines in 2010, Samsung's S II series serves not to follow on its predecessor's coattails, but to blaze its own trails. That's exactly what it did in its heyday, with the versatile Android 2.3 "Gingerbread" OS where even the cheap models were stuck with Eclair or FroYo. Even better, the series would be supported through Jelly Bean. This particular model was first among three for AT&T's network, I bought the I777 as a replacement for a friend's well-aged Android. Unfortunately, mine had a nasty flaw with the radio that hampered service. This resulted in calls being voided before reaching the intended destination. This flaw would also strike the I727 "Skyrocket" that followed. If one should be so lucky as to dodge the above, the device responds crisply and without much hesitation. Texting is fast and fluid, and the included apps will help you keep your busy life managed within reach. What's more, you have a solid line to scores of apps on Google Play if you can't find what you need on board. All in all, this phone is a good starting point for Android newbies, thanks to the iPhone-like TouchWiz UI and its current entry price in 2014. The last word: 4 stars for Samsung and its solid entry-level device.Read full review
- dalb962Dec 31, 2015by
Battery life is excellent; some calls on speakerphone have trouble hearing me.
Verified purchase: Yes | Condition: New
- fola9811Sep 06, 2016by
In complete phone.
The information is not correct the phone is not Brite enough no charger and USB cable.
Verified purchase: Yes | Condition: Pre-owned
- fastlanewireles...Oct 26, 2012by
Great phone for tech savvy people.
The Samsung Galaxy S II smartphone has plenty of features to offer such as: -A large 4.3 INCH screen -This phone is light -Talk time is large at 8 hours, and standby is 400 -It comes with 16 Gigs of internal storage, and you can add an additional 32 GIGs with a micro SD card. -It's got GPS navigation and NFC, also known as Near Field Communication. -With NFC you can use it with Google Wallet, etc. -Bluetooth, Mobile Hotspot and Wi-Fi -It has an 8 megapixel camera with flash, and a front-facing camera at 2 megapixels THE CONS ARE: -Battery life isn't that great -The plastic case isn't that strong, leaving most to think that the phone is flimsy. Just get a case. -It's not user-friendly compared to the iPhone Overall, if you're really into technology, and want other options other than the iPhone, then this phone is for you!Read full review
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Treasury committee makes case for new separate enforcement division
Over sea bass and ravioli, the former head of the FSA talks about Brexit, his mistake with the euro and why George Osborne is 'a bit of a gambler'
Tight discipline would mean people will trust the system enough to spend, writes Adair Turner
Former head of Pensions Commission to put ideas to official review
'Operation Tabernula' was the FCA's most ambitious insider trading case. Yet £14m later, only five men have been convicted
Announcement for powerful City job expected within days after completion of interviews
Architect of auto-enrolment criticises 'rabbit out of hat' instinct
Former FSA chief says failure to check ability to repay loans could lead to big losses
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Blizzard of BoE initiatives needs to show results, says Tyrie
When a supervisor makes a decision, they take a risk with a big downside, writes Daniel Davies
Any new inquiries will take at least 18 months and the worst sanction on individuals is industry ban
Assessment of the bank's collapse is right to seek punishment
Stature of limitations means individuals cannot be fined
Main people involved in the bank from start to failure
Chequered history of a new bank that lasted only 7 years
Report into bank's failure to say regulators should examine grounds for new probe into individuals
More than a year of legal wrangling over 600-page document
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text: A premium Cosmopolitan air pervades any setting lucky enough to be graced by this shaker set. Of course, the fact that they remind people of your awesome wedding will only make them more well-received, but their ability to serve up a quick Cosmo on the fly definitely speaks for itself. Features and facts:


text:
Offered for sale is a rare mid 19th century French Louis XV gilded ormolu bronze-mounted Kingwood side cabinet. The cabinet is surmounted with a breche d'alep marble top and retains a single door. It is tall and slender with galleried shelves to the interior.
The cabinet is in excellent condition with crisp detail to the bronze.
Size: 53" Height by 38" Width by 14 1/2" Depth.
3 other shoppers have this item in their Cart or Wish List .
Antiques, Decorative Items, and Fine Art for everyone- from the new collector to the connoisseur
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Amelia Moss
natural skincare, marula oil
Like all our natural oils, our Marula Oil is 100% organic, unrefined and cold-pressed to retain all its many beneficial properties. It is a light, effective moisturiser that firms and hydrates skin, reduces fine lines and leaves an attractive satin finish. Packed with nutrients, it protects the skin against UV damage and the effects of ageing, and it has a soothing effect when applied to sunburned skin.
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Welcome to Amelia Moss, a collection of some of the world's finest natural skincare and beauty products. Count on us
Here you'll find a selection of 100% natural skincare and beauty products: organic essential oils, scented cleansers and clays for
Much prized for its moisturising effects upon skin and its ability to repair dry, damaged hair, our cold-pressed Argan Oil
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Event: Bollywood actors Ranbir Kapoor, Deepika Padukone, producer Karan Johar, and director Ayan Mukerji were snapped at the first look and trailer launch of their upcoming film YEH JAWAANI HAI DEEWANI. Aditya Roy Kapur was also present. While Deepika flashed her famous dimples and giggled throughout the event, Ranbir was at his wittiest best. Ranbir impressed with his antics.
Guest List: Ranbir Kapoor, Deepika Padukone, Karan Johar, Ayan Mukerji, Aditya Roy Kapur
Venue: PVR Juhu
Date: 19-Mar-2013
Bollywood badshah Shah Rukh Khan was snapped at lightbox. He's all set for the trailer screening of his forthcoming film RAEES.
Bollywood actress Shraddha Kapoor was snapped at Bandra.
Bollywood actress Dia Mirza was snapped at the inauguration of Dr.Batra's photo exhibition.
Bollywood actor Akshay Kumar was snapped on the sets of Yaaron Ki Baraat.
Bollywood actress Sushmita Sen was snapped at the inauguration of art show Masterstrokes 35.


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By Liz
from San Antonio
Comments about Allison Daley Petite Knit Zigzag Pleated Shell:
I am 5'2 138 lib and 34D the size PS are good for me.
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Let me tell you about myself..... I am just a young fellow....7 months old in Oct. I am probably a mix of Labrador Retriever/ Plott Hound and Border Collie and will weigh about 50# more or less when grown. I and my 3 siblings were born in an economically deprived area. Our canine mom is a single mom and did a great job teaching us to be good dogs but she could not continue to take care of all of us so she let Adorable Dogs Rescue step in and help us find homes. My sisters are in homes in NE and doing well but my brother and I are still waiting for our homes.
Please don't let the color of our hair keep you from applying to adopt us. You know the saying "Once you try Black, you will never go back" Ha, Ha!!!! That applies to dogs too. Black dogs are just as good, fun and pretty as any other dog.
I LOVE BEING PETTED. I'LL STAND STILL FOR AS LONG AS MY FOSTER MOM WILL PET ME! I am happy and healthy and have a sweet disposition. I love to have my back and ears scratched!
I have not met any cats yet but can meet some if that is important to you......just let my foster mom know. I'm used to doing my business outdoors so I will try really hard not to have accidents in your house while I'm adjusting to my new home.
If you are interested in adopting me, please ask for an application from my foster mom at email@example.com. Please note that: We cannot adopt out to a home where the adults work most of the day. It is unhealthy and stressful to leave a dog alone, or to crate him/her for several hours every day. Our pups also require a fenced yard (real fence, (not electronic fences, tie-outs or kennels). We can help you with ideas if you want to easily install an inexpensive type fence before your dog transports. If you don't have a fenced yard or don't plan to install one before your pup joins you, we cannot accept your application! It goes without saying that we expect the dog to be loved and considered a part of the family and not live outside but we feel a dog needs a safe place to exercise.
The fee is $325 and is tax deductible as we are a registered charity. There is an additional refundable $100 spay/neuter fee. Thank you for rescuing.. We will be waiting to hear from you. Please do not send your payment until you are notified that your application has been approved.
Thank You!
Your message has been sent to Adorable Dogs- An All Breed Rescue - MA.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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981 W Main Street, Genoa IL, 60135
3 beds , 1 bath
950 sqft
Status: Rented
Last Updated: 12/4/2016 6:27 PM
Description for 981 W Main Street Genoa, IL 60135
Nice ranch home for rent! 3 BR 1 Ba with spacious living room & kitchen. Everything on 1 floor-only 1 step into house. 1st floor laundry area. Bathroom has been recently updated. Nice yard with screened in porch to enjoy. Located on the edge of town. 1 car attached garage. Pets will be considered on an individual basis. Extra pet rent required. No aggressive breeds. Storage shed for yard tools, etc.
Rent Price: $900
De Kalb
950 (approx)
Rented Rental
Listing Information
Concrete Foundation
Public Sewer
School Information
Room Information
Interior Features
Range-Oven, Refrigerator
Carpet, Hardwood Laminate
Gas Heat, Forced Air
No Basement
Exterior / Lot Features
1 Garage Spaces,
Corner, Asphalt
Driving Directions
Rt 72 through Genoa to W. Main (Follow fork to right) go past school. Home is on right.
Listing Price History
Genoa Real Estate
Genoa is located in Illinois. Genoa, Illinois 60135 has a population of 5,693.
The median household income in Genoa, Illinois 60135 is $54,773. The median household income for the surrounding county is $53,575 compared to the national median of $53,046. The median age of people living in Genoa 60135 is 32.4 years.
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Check in from 14h / Check out prior to 12h
BEST WESTERN Cedar Park Inn: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Edmonton, Canada.
Boasting an indoor pool, BEST WESTERN Cedar Park Inn is located in Edmonton and provides cosy accommodation. The various facilities this modern hotel offers include valet parking, meeting rooms and an executive floor.
Hotel description
There are a range of amenities at Best Western Cedar Park Inn Edmonton that guests can enjoy, such as luggage storage, 24-hour reception and a golf course. The in-house gym is equipped with a stair stepper and a treadmill.
The themed rooms at BEST WESTERN Cedar Park Inn have a private bathroom, a refrigerator and an in-room closet. There are also a number of rooms especially for families.
A satisfying breakfast is prepared each morning at Best Western Cedar Park Inn Edmonton, and there are numerous cafés and eateries close by.
West Edmonton Mall, Rexall Place and Edmonton International Airport are around a 20-minute car trip from BEST WESTERN Cedar Park Inn. Fort Edmonton Park and Edmonton Valley Zoo are just an easy car ride from the hotel.
Hotel features
Room Service, Air Conditioned, Refrigerator, Cable / Satellite TV, Connecting Rooms, Hair Dryer, TV, Shower, En suite, Private Bathroom
Business Center, Elevator / Lift, 24 Hour Reception, Dry Cleaning, Conference Room(s), Multilingual Staff, Wake-up Service, Meeting Rooms, Laundry service, Photocopier, Luggage Storage
Fitness Room/Gym, Swimming pool, Golf Course, Pool Indoor
Valet Parking
Executive Floor
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10041-106 Street North West, Edmonton
10041-106 Street North West, Edmonton
Sawridge Inn - Edmonton South
4235 Gateway Boulevard, Edmonton
4235 Gateway Boulevard, Edmonton
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The K-Rain 4600 4000 Series by K-Rain offers a reliable and economical way of automating multiple zoned residential and small commercial wastewater systems. These patented indexing valves allow for the number of watering zones to be changed quickly and easily. They are ideally suited for both city water and pump applications and may also be used for onsite wastewater or effluent water applications. The simplicity of design and few moving parts ensures ease of maintenance and long service life.
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PlumbersStock.com has earned a 4.5 out of 5-star store rating . We are proud of our reputation and we have achieved it by offering useful information to shoppers. This particular product, the K-Rain 4600 - 6 Outlet, No Cam Indexing Valve, does not yet have any customer reviews. If you are familiar with this product, please leave a review for the benefit of others. We appreciate your help!


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Governor's school students host 15th annual Model UN
Nearly 400 central Virginia high school and middle school students assembled at Maggie L. Walker Governor's School recently to participate in the 15th annual Governor's School Model United Nations Conference (GSMUN XV), around 150 being students from Henrico County.
The conference is completely student-run, consisting of a staff of around 70 Governor's School students. With more committees available to debate in than ever before, GSMUN XV prides itself in being one of the largest high school Model UN conferences in the Virginia. Six members of the secretariat staff are Henrico county residents.
Model United Nations allows students to simulate official United Nations proceedings by conducting research on global topics, representing their assigned countries, debating with other nations, and practicing the art of diplomacy to ultimately create resolutions to real international issues. Student delegates at GSMUN XV participated in committees that focused on problems such as the European Union financial crisis, infrastructure and regime development of Sudan, human trafficking, and antibiotic resistance.
This year, GSMUN XV staff and participants also raised funds to support Pencils of Promise, an international organization whose mission is to build schools in the developing world and to train young leaders to take action at home and abroad. The charity supported by last year's conference received $4,000 from the event.
Villa's Flagler Housing wins national NAEH award
St. Joseph's Villa's Flagler Housing & Homeless Services was one of three entities to earn the National Alliance to End Homelessness' Champion of Change Award. The awards were presented Nov. 17 during a ceremony at the Newseum in Washington, D.C.
NAEH annually recognizes proven programs and significant achievements in ending child and family homelessness.
Flagler completed its transition from an on-campus shelter to the community-based model of rapid rehousing in 2013, and it was one of the nation's first rapid re-housing service providers to be certified by NAEH. > Read more.
RIR's Christmas tree lighting rescheduled for Dec. 12
Richmond International Raceway's 13th annual Community Christmas tree lighting has been rescheduled from Dec. 6 to Monday, Dec. 12, at 6:30 p.m., due to inclement weather expected on the original date.
Entertainment Dec. 12 will be provided by the Laburnum Elementary School choir and the Henrico High School Mighty Marching Warriors band. Tree decorations crafted by students from Laburnum Elementary School and L. Douglas Wilder Middle School will be on display. Hot chocolate and cookies will be supplied by the Henrico High School football boosters. > Read more.
Weekend Top 10
For our Top 10 calendar events this weekend, click here! > Read more.
McShin Foundation earns reaccreditation
Henrico's Winter-Spring 2017 program guide now available
Henrico Police seek tips about Sandston murder
Virginia529 prepaid tuition enrollment program opens
Richmond SCORE announces 2017 entrepreneurship competition
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Print Edition
Dec. 1, 2016Click here to read the print edition.
Weekend Top 10
Weekend Top 10
Restaurant Watch
Weekend Top 10
Cultural Arts Center announces winter/spring class schedule
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Obituary – Barbara Veno Scheil
Obituary – Alice Faye Morgan
Obituary – Wanda G. Edmunds
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Villa's Flagler Housing wins national NAEH award
RIR's Christmas tree lighting rescheduled for Dec. 12
project:HOMES' 'Renew Crew' helps Henrico citizen
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Thanksgiving, Part II
Storm woes for e-junkies
'Good old days' were good – for some
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RIR to admit children 12 and younger free next year
Henrico teams win district, state championships
Varina HS to host Basketball Skill Development Academy June 20-23
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CalendarThe Shops at Willow Lawn's community event Mommy & Me and Daddy Too continues with Chris Campbell: Music for Kids from 10 a.m. to 11:30 a.m. Enjoy a morning out with live entertainment, crafts, games and programs designed to enhance parent's interaction with their children. The program continues on the second Wednesday of each month. Admission is free. For details, visit http://www.willowlawn.com. Full text


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Latent Hazard: On the Edge (Rafi Khan Crime Thriller Series 2nd Revised edition)By: P. Venmore Rowland (author)Paperback
4 - 6 days availability
DescriptionA novel of political, economic and romantic intrigue. Comfortable in the highly-paid world of the City of London, Rafi Khan is a successful fund manager. His life changes forever when a nearby police station is bombed. Convincing evidence puts him at the heart of the investigation..."Latent Hazard: on the edge" is the first book in the Rafi Khan crime thriller series.
Create a review
About AuthorP. Venmore Rowland is the author of the Rafi Khan crime thriller series. "Latent Hazard: on the edge", is the first book in the series and became a best selling eBook at Waterstone's, the UK's leading bookstore. "Latent Hazard: on the edge" is a revised version of "Latent Hazard", in which the complex financial aspects of the original book were shortened and simplified and has been followed by "Hidden Jeopardy" the second book in the series. P. Venmore Rowland lives in Suffolk, England and is the author of a number of non-fiction books.
Product Details
- publication date: 20/12/2012
- Format: Paperback
- Number Of Pages: 436
- weight: 637
- edition: 2nd Revised edition
Delivery Information
- Saver Delivery: Yes
- 1st Class Delivery: Yes
- Courier Delivery: Yes
- Store Delivery: Yes


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It's summer vacation, and you know what that means for a Midori Bikinis girl! Tropical beaches, tan skin, salty hair, and a bit of that carefree island lifestyle…
Wearing the latest pieces from Midori Bikini's summer collection in Cancun, Mexico.
I spent a few days in Cancun to celebrate the start of my summer vacation. The first day, we took a boat out to to sea and spent a lazy and carefree day laying out on the deck and sunbathing. When it got too hot, we'd stop the boat, dive in, and go for a swim. During my trip, I also got to see the Tulum and Coba ruins, as well as swim in a cenote. Adventuring was fun, but it was also nice just to relax on the beautiful stretch of beach in Cancun. Everyday, I'd go for a swim, lay out in the sun, and then shower off in the outdoor shower. Talk about paradise!
Read more about my trip, here.
My personal favorite combo this summer:
Jewelry from Shashi NYC
Photos by Sean Ensch


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United States District Court, Ninth Circuit
May 31, 2013
SACHIKO MUROMURA, Plaintiff,v.RUBIN POSTAER AND ASSOCIATES, a California corporation; AMERICAN HONDA MOTOR CO., INC., a Delaware corporation, Defendants.
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [Dkt. No. 12]
DEAN D. PREGERSON, District Judge.
Presently before the court is Defendants' Motion to Dismiss. Having considered the submissions of the parties, the court grantS the motion and adopts the following order.
I. Background
Plaintiff Sachiko Muromura creates artistic works using a magnetic fluid ("ferrofluid"). (Complaint ¶ 8.) Plaintiff makes ferrofluid sculptures, takes photographs and videos of the sculptures, and often projects images of the sculptures onto a screen. (Id.) Among Plaintiff's artistic creations is an audiovisual work entitled "Protrude Flow, 2001, " which Plaintiff registered with the United States Copyright Office. (Id. ¶¶ 1, 10.) The Protrude Flow, 2001 video and stills from the movie were displayed at a computer graphics exhibition in Los Angeles in 2001. (Id. ¶ 10.)
Defendant Rubin Postaer and Associates ("RPA") is an advertising agency that does work for Defendant American Honda Motor Company ("Honda"). (Id. ¶¶ 2, 11.) In 2009, an RPA employee asked Plaintiff if any of her ferrofluid artworks were available for a multi-city tour highlighting Honda's use of ferrofluids in its vehicles. (Id. ¶ 11.) Plaintiff provided RPA with a link to her website, which included images and video of Protrude Flow, 2001. (Id.) RPA ultimately rented one of Plaintiff's two available works, and paid Plaintiff a $10, 000 rental fee. (Id. ¶ 12.)
In October 2010, people familiar with Plaintiff's work informed her that a division of Honda was using images of her ferrofluid art in its advertisements. (Id. ¶¶ 13-15.) RPA assured Plaintiff that her works were not featured in the ads, but offered Plaintiff a $10, 000 "creative consultant fee." (Id. ¶ 16.)
Plaintiff filed a copyright complaint against RPA and Honda, alleging that RPA "reproduc[ed] images or series of images copied from or derived from Protrude Flow, 2001 in the United States."[1] (Id. ¶ 20.) Defendants now move to dismiss the Complaint.
II. Legal Standard
A complaint will survive a motion to dismiss when it contains "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007)). When considering a Rule 12(b)(6) motion, a court must "accept as true all allegations of material fact and must construe those facts in the light most favorable to the plaintiff." Resnick v. Hayes , 213 F.3d 443, 447 (9th Cir. 2000). Although a complaint need not include "detailed factual allegations, " it must offer "more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Iqbal , 556 U.S. at 678. Conclusory allegations or allegations that are no more than a statement of a legal conclusion "are not entitled to the assumption of truth." Id. at 679. In other words, a pleading that merely offers "labels and conclusions, " a "formulaic recitation of the elements, " or "naked assertions" will not be sufficient to state a claim upon which relief can be granted. Id. at 678 (citations and internal quotation marks omitted).
"When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement of relief." Id. at 679. Plaintiffs must allege "plausible grounds to infer" that their claims rise "above the speculative level." Twombly , 550 U.S. at 555. "Determining whether a complaint states a plausible claim for relief" is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal , 556 U.S. at 679.
III. Discussion
To state a claim for copyright infringement, a Plaintiff must allege "(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original." Feist Pubs., Inc. v. Rural Tel. Serv. Co., Inc. , 499 U.S. 340, 361 (1991). To satisfy the copying prong, a copyright plaintiff must also allege that the works are substantially similar in their protected elements. Wild v. NBC Universal, Inc. , 788 F.Supp.2d 1083, 1098 (C.D. Cal. 2011). Though Plaintiff argues that this standard applies only on summary judgment, courts in this circuit regularly apply these requirements at the pleading stage. See, e.g., 788 F.Supp.2d at 1098; Lafarga v. Lowrider Arte Magazine, No. SACV 11-1501 DOC, 2012 WL 3667441 at *3 (C.D. Cal. Aug. 24, 2012); Minden Pictures, Inc. v. Pearson Education, Inc., No. C 11-05385 WHA, 2012 WL 1595081 at *2 (N.D. Cal. May 4, 2012); Fractional Villas, Inc. v. Tahoe Clubhouse, No. 08cv1396-IEG, 2009 WL 160932 at *2 (S.D. Cal. Jan. 22, 2009).
It is unclear to the court whether Plaintiff, like the plaintiff in Fractional Villas, alleges that Defendants made an exact copy of Protrude Flow, 2001. Plaintiff does not appear to so suggest. In her opposition papers, Plaintiff argues that the artwork "contains images or a series of images that are substantially similar to the Internet and television advertisements." (Opp. at 11.) The complaint itself alleges that Defendant RPA "would not have chosen to express ferrofluid in the way that it did except for the fact that RPA had accessed [Plaintiff]'s work and deliberately chose to copy her expression.
The... appropriation of those protected elements is actionable." (Compl. ¶ 17.)
Nowhere, however, does Plaintiff identify the protectable elements to which she refers. The complaint does not include or attach any pictorial or audio visual examples of either Protrude Flow, 2001 or the allegedly infringing advertisements, and does not describe any elements other than the mere use of ferrofluid. An idea alone, however, is not copyrightable. Feist , 499 U.S. at 344-45. "[E]lements of expression that necessarily follow from an idea, or expressions that are as a practical matter, indispensable or at least standard in the treatment of an idea are [also] not protected." Dream Games of Arizona, Inc. v. PV Onsite , 561 F.3d 983, 988 (9th Cir. 2009) (internal quotation and alteration omitted); see also Satava v. Lowry , 323 F.3d 805, 810 (9th Cir. 2003) ("Similarly, expressions that are standard, stock, or common to a particular subject matter or medium are not protectable under copyright law.") (emphasis added).
Absent identification of any specific expressive elements in either Plaintiff's artwork or RPA's allegedly infringing advertisements, Plaintiff cannot possibly establish that the two works are extrinsically substantially similar. See Wild , 788 F.Supp.2d at 1098 ("The extrinsic test is an objective comparison of specific expressive elements."). Plaintiff's complaint, therefore, does not adequately state a copying claim, and must be dismissed.
IV. Conclusion
For the reasons stated above, Defendants' Motion to Dismiss is GRANTED. Any amended complaint shall be filed within fourteen days of the date of this order.
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Today, my manager informed me that I will not be completing my job training because I'll be transferring to a different store, and if they want me to work there, that's their problem. Today, I also found out that the new store will not accept me as a transfer unless I've already been trained. FML
by Problem / 11/07/2010 at 3:34pm / United States (California) / Work
Today, my boyfriend bailed on our one year anniversary celebration because his ex girlfriend asked him to go to a wedding with her and pose as her fake boyfriend. FML
by iheartexes / 11/06/2010 at 12:52am / United States (California) / Love
Today, I discovered the piggy bank I made a Facebook account for has more friends than me. It has 12. FML
by Anonymous / 11/06/2010 at 12:36am / United States (California) / Miscellaneous
Today, my twin sister sent a nude picture to her boyfriend, who then forwarded it on to everyone else. Everyone else thinks it's me. FML
by jsquared / 11/05/2010 at 7:17pm / United States (California) / Intimacy
Today, my stalker - an annoying guy who's dedicated the past three years of his life to stalking me at every turn - somehow got a hold of my number and started texting me at 10pm about how I have no life. FML
by nolife / 11/05/2010 at 7:14pm / United States (California) / Love
Today, I took my four year old son to the playground. When it was time to go, he squirmed out of my arms back to the jungle gym. Not being the type of mother to put up with bad behavior, I swatted his rear and told him we had to go. That's when I realized I'd just spanked the wrong child who was wearing the same coat as my son. FML
by lilmamma / 11/05/2010 at 1:29pm / United States (California) / Kids
Today, I moved back in with my parents in order to help them with the mortgage, so they don't lose the house that has been in our family for three generations. I also found out that I now have a curfew, and so does my husband and our 3 year old son. FML
by Anonymous / 11/02/2010 at 8:17am / United States (California) / Kids
Today, I was laying in bed with the covers over me, when I got an itch on my leg. It felt really good to scratch it so I got really into it. At that very moment my mom walked in, saw me doing a back and forth motion under the covers, gave me a look of disgust, and walked out. FML
by Anonymous / 11/01/2010 at 9:00am / United States (California) / Intimacy
Today, I spent over an hour decorating my house for trick or treaters. I never got one person at my door because I forgot to unlock my gate. FML
by halloweensucks / 10/31/2010 at 9:08pm / United States (California) / Miscellaneous
Today, I was running a marathon for my school. Two hot girls started talking to me, so I glanced at them and smiled. I turned back, just in time to knee a little boy in the face. FML
by Anonymous / 10/31/2010 at 11:34am / United States (California) / Kids
Today, while setting up for a party I was having, I put black lights into our bathroom for the cool bright, neon color you get when you pee. When I turn them on to see where I need to continue cleaning, I see many, small, yellow hand prints on the walls. I have a nine year old brother. FML
by Anonymous / 10/31/2010 at 5:05am / United States (California) / Kids
Today, my boyfriend and I decided to have sex for the first time. While we were undressing each other, he said, "Wow, if we have children, you're gonna have to shave, or they'll die from rug-burn as they come out!" FML
by tht1chk / 10/30/2010 at 8:37pm / United States (California) / Intimacy
Today, my gynecologist was having trouble with my exam due to me being "too tight." I'm 24. After the explanation of having been pretty inactive in over a year, she exclaimed, "Damn, girl, we really need to find you a boyfriend!" Yeah, tell me about it. FML
by miss cranky pants / 10/30/2010 at 1:03am / United States (California) / Intimacy


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Include in this pack:
1 Super Conforming Clothing Figure,
1 Geometry Files,
18 textures,
7 mc6,
7 MatPose
This product was tested in Poser 6, Poser 7, Poser 8, Poser 9, Poser Pro 2010, Poser Pro 2012, not tested on Mac and DS. All of the morph change automaticlly with V4 body change. Auto morph don't work sometime(Poser),if happen, delete Cloth Figures and load again.
The product package includes only "S-Sexy", not including the hair and other model files.


text: Local News Hard news covering local government: Park City, Summit County and Wasatch County - city and county councils, planning boards, water entities and issues specific the Wasatch Back. Summit County Council Wants To Talk About Sustainability for Residences By Melissa Allison • Oct 5, 2016 summitcounty.ut.us The county has invested into solar panels for county buildings – making them more sustainable. They didn't, however, create a low-interest loan program for homeowners to make improvements to their homes making them more energy efficient. Saturday, Preservation, and Sourdough Pancakes - Oh My! By Melissa Allison • Oct 4, 2016 Martin Van Hemert Hi Ute Ranch is opening their doors Saturday morning from 9 a.m. – noon for the annual Preservation Pancake Breakfast as an opportunity for the community to explore the ranch which remains in private hands. Although the breakfast is free, donations will be collected on behalf of Utah Open Lands. Director Wendy Fisher said Utah Open Lands has partnered with several local businesses to make this educational event possible. Summit County Wants Sustainability and Accountability By Melissa Allison • Oct 4, 2016 summitcounty.ut.us The Summit County council will discuss the policy in their meeting Wednesday and could take action on it. Summit County sustainability manager Lisa Yoder said the policy would provide a safety net of sorts for renovations and new construction of county buildings. Park City Proposes a $25-Million Bond for Land That Isn't Up For Sale By Melissa Allison • Oct 4, 2016 Renai Bodley Utah Open Lands supports the $25 million bond to purchase Bonanza Flat – the 13-hundred acres of land at the top of Guardsman's Pass. Open Lands Director Wendy Fisher said the preserved property will be enjoyed by not only Summit County residents, but Wasatch and Salt Lake county residents as well. Utah Politics Now - House District 53 Candidates By Leslie Thatcher & Renai Bodley • Oct 4, 2016 Leslie Thatcher On this week's edition of UTAH POLITICS NOW, hosts Leslie Thatcher and Renai Bodley quiz the candidates- who looking to replace long-time representative Mel Brown - Cole Capener (D) and Logan Wilde (R) on a variety of issues. Click here for Cole Capener's election website. Click here for Logan Wilde's election website. Search Warrants: Juveniles Ordered "Pink" By Renai Bodley • Oct 3, 2016 Park City Police Department & Park City School District Two search warrants reveal more information about a synthetic opioid called "pink" in the Park City community. According to the affidavits for search warrants in Summit and Wasatch counties, on September 13th a juvenile female told police officers that two months earlier, two juvenile males asked her to help them obtain a controlled substance through the mail. The two boys told her that the contents of the package were legal, but their parents were screening their mail for drugs so they couldn't have the package sent to them. She said in mid-August, a package from C Bill Protecting Monitor Bowls Gets Hearing Date on Capitol Hill By Renai Bodley • Oct 3, 2016 Andy Beerman The Mountain Accord will get its day in Congress. Utah Representative Rob Bishop's Natural Resource Committee has scheduled the bill for a hearing on November 15th If passed, it will create a new national conservation and recreation area right in Park City's backyard. KPCW's Renai Bodley has the story. Senator Spotlights Summit Community Power Works By Renai Bodley • Oct 3, 2016 SCPW A U.S. Senator from the East Coast says an energy-saving program in Summit County & Park City is "inspiring." He mentioned it in a speech on the Senate floor in September. KPCW's Renai Bodley has more: Park City Looking at One Direction Trails for Hikers By Melissa Allison • Sep 30, 2016 parkcitymountain.com Hikers and fast bikers sharing the same trail can have sometimes have dangerous consequences. Park City officials are now looking at developing more hiking only trails for outdoor enthusiasts. KPCW's Melissa Allison has more. Ten Years - Thirty-Six Trails - Almost Done By Melissa Allison • Sep 30, 2016 parkcity.org In 2007 Park City voters approved $15 million in bonds to make improvements for walking and biking connections around town. Nearly 10 years later, there is still some $5 million in the account for a couple of projects that still need to be completed. KPCW's Melissa Allison has this and update on all that was accomplished. Pages« first ‹ previous … 6 7 8 9 10 11 12 13 14 … next › last »


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Last July, Apple silently stopped selling the white polycarbonate MacBook through its online store and continued to sell it to educational institutions exclusively thereafter. Today, MacRumors reports that Apple has informed the few remaining retailers of the product that the manufacturer is no longer producing the notebook and is hereby classifying the baseline MacBook as "End of Life".
The white polycarbonate MacBook used to retail for $999 and was once the cheapest Mac notebook available, though now the MacBook Air has taken its place for the same price with a thinner form factor and a solid state drive in the base model.


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Our Fathers' War
Growing Up in the Shadow of the Greatest Generation
Tom Mathews
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
A powerful and unique portrait of generational strife and changing styles of masculinity as seen through the stories of ten World War II veterans and their baby boomer sons.
It is fair to say that Tom Mathews's relations with his father, a veteran of World War II's fabled 10th Mountain Division, were terrible. He came back from the war to a young son he'd barely met and proceeded to bully and browbeat him—for his own good, he thought. In the course of puzzling out almost fifty years of intermittent conflict, Mathews came to understand that their problems were not simply personal, they were generational—and widely shared by millions of other baby boomer sons. And so, to write this powerful book, which traces the kinetic effect of the war on the men who fought it, their sons, and their grandsons, Mathews has uncovered nine other dramatic and telling father-son tales of veterans in some ways missing in action and how internal war wounds shaped their lives as fathers. These include a combat infantryman whose life was saved by the fabled Audie Murphy, and a black member of the storied Tuskegee Airmen corps. In a moving final chapter, he and his father return together to Italy to revisit scenes from the war—and attempt, at long last, to forge their own separate peace.
In a very real sense, Our Fathers' War tells the secret history of World War II and its echoes down the years and generations. In the course of doing so, it offers a portrait of evolving styles of American manhood that many, many fathers and sons have been needing and awaiting.
From Publishers Weekly
© Publishers Weekly
- $12.99
- Category: United States
- Published: May 10, 2005
- Publisher: Crown/Archetype
- Seller: Penguin Random House LLC
- Print Length: 304 Pages
- Language: English


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Pakistani Cricketer Bowls Them Over With Prosthetic Leg
The dream of many Pakistani kids is to play cricket for the national team. Sher Ali Afridi lost a leg when he was a small boy, but it didn't stop him from excelling at the sport he loves. (RFE/RL's Radio Mashaal)
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Sports Heads: Football
votes: collecting..
by: Mousebreaker
by: Mousebreaker
Arcade-style soccer that's all about the headers and volleys! Try to beat all 10 opponents to win the Sports Heads trophy! Plenty of achievements to unlock as well! This is one super-fun sport's game that's sure to have you playing well into the post-season!
Multiplayer Games
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Is this restaurant romantic?
Does this restaurant offer delivery?
Are the prices at this restaurant mid-range / moderate?
Is this a dessert shop?
Is this primarily a coffee shop?
Thanks for helping!
Mammato has a huge menu, we could eat for weeks and not repeat. Had fish, meat, pasta, pizza, calzone, desserts, all wonderful. We went more than once.
Had dinner here with a large group. Food was decent and so was service. Convenient location on main street through town. Not much else to say.
Mammato was a relaxed and an easy place to dine, no pressure to order or leave after the meal which was a good thing for us as we took our time choosing from the menu and eating .The staff were friendly ,food was good and reasonably priced and overall this dining experience was very pleasant and we would definately go...
We enjoyed some very good ravioli with smoked mozzarella di bufala and afterwards a steak with peppersauce and a steak with mushroomsauce. the local red wine went very well with the dinner
This place looks very ordinary from the ourtside and looks rather like a canteen inside, but the food is great. Attentive staff. The seafood is all fresh and very tasty. The pasta I had was homemade and delicious. House wine very good value too.
Food is generally good as is the service. The menu is average as is the service. Pizza was average at best, but good appetizers.
Nice people & good food. Worth the rode from Belgium. Try all their pizza's, we tried but didn't stay long enough:)
Very welcoming staff and pleasant environment. Reasonable price, food delicious and definitely worth visiting.
We ate here on our last night in Maiori and the food was excellent, and very cheap! We had a pasta dish to share as a starter, and both had pizza for our main course, with a half carafe of house wine, and the whole bill was only €38. The food did not disappoint considering how cheap it was. I...
Best meal we had at our 3 days trip to Amalfi Coast.
The smoked mozzarella ravioli was the best revioli ever !
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Lahore: Father kills daughter for honour
LAHORE: A 24–year–old girl was slaughtered to death by her father for what the family claimed as honour issue in Baghbapura police precincts on Saturday. The police have arrested the accused father along with knife and removed the body to the City morgue for autopsy. The victim has been identified as Sangeeta Masih, daughter of Ashraf Masih, a resident of Momanpura. The police said that the victim had eloped with her paramour few days back but returned home after the boy betrayed her.
The original article can be found at The Nation.
Tagged under: accused, arrested, Crime, Crime News, Honour Killing, killed, Lahore, Momanpura, murder, The Nation


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During this week will arrive new Recipes in our Farm together the Gift Grotto!! Below the specifications for the production of these new recipes.
To see all the Info about the Gift Grotto click Here => http://goo.gl/uREXch
Release Date: 08/12/2015
Pinecone String Lights = Horseshoe x6 + Pinecone Light Bulbs x3
Peach Smoothie:
Peach Smoothie = Peach x8 + MIlk x12
Heirloom Peach Smoothie:
Heriloom Peach Smoothie = Peach x8 + MIlk x12
Milk Cake:
Milk Cake = Milk x6 + Egg x6 + Wheat x8
Russell Lupin Wreath:


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Need a Food Sensitivity Test in Sacramento, CA? Simply order online 24/7 and get a fast, affordable Food Sensitivity Test at a lab near you (Find More Locations):
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The Food Sensitivity Test checks for blood markers related to food sensitivity. People in Sacramento, CA order the Food Sensitivity Test for general screening or when experiencing specific symptoms.
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