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TNPL Recruitment 2016: Semi-Skilled Welders, Ac & Refrigeration Work, Sanitation Work; Trainees – 38 Posts – Apply Today!
Tamil Nadu Newsprint and Papers Limited (TNPL) has advertised for semi-skilled recruits and trainees in B, C, and D groups. Eligible candidates with relevant trade certificates and specified work experience can apply today. The prescribed bio data format is available for download online as per the TNPL Recruitment 2016 advertisement. Aspirants have to submit biodata and testimonial copies by registered post before 31st October, 2016. Selection of eligible candidates is done on the basis of education, skill, written test, and interview. Trainee candidates are on probation for 2 years with increasing amounts of stipend. Trainees get recruited into corresponding semi-skilled group after probation is completed. The official advertisement along with the bio data format was released online by the General Manager on 17th October, 2016 under the following number – DIPR/1080/Display/2016
TNPL Vacancy Details:
The vacancy details as per the TNPL Recruitment 2016 advertisement are as follows –
|Sl. No.
|Post Title
|Total Posts – 38
|Salary (CTC )
|Age Limits
|Education & Experience
|Semi-Skilled Welder – B,C,D Groups
GT, SC, BC, MBC/DNC- 1 each
|D – 30 yrs.
C – 30 yrs.
B – 35 yrs.
|SSLC ; 60% NTC -Welding; NAC ;
Experience: D – 5, C – 10, B – 15 yrs.
|Semi-Skilled AC & Refrigeration – B,C,D Groups
|2 ;
GT, SC – 1 each
|As Above
|As Above
|SSLC ; 60% NTC -Ac & Refrigeration; NAC; Experience as above.
|Semi-Skilled Sanitation – B,C,D Groups
|As Above
|As Above
|Sanitary Inspector Course 1 yr. diploma ;
Experience: D – 5, C – 10, B – 15 yrs.
|Central Control Room Operator
|3 ; GT, BC, MBC/DNC- 1 each
|As Above
|30 yrs. BC/DNC/
MBC-32 yrs.
|BSc Chemistry 3 yrs OR
Chem. Engg/Chem. Tech. 1st Class full time 5 yrs. Cement Industry – DCS / PLC – Rotary Cement Kiln
|Semi-Skilled Trainee – C – Instrumentation
1 Yr. – 9400
2 Yr. – 10350
|GT – 25 yrs.
BCM/MBC-27 years;
SCA-30 years
|Full time Diploma 1st Class – Instrumentation Engg./ Instr. Tech./ Instr. & Ctrl. Engg. /
Elec. & Instr. Engg.
|Semi-Skilled Trainee – D- Instrument Mechanic
1 Yr. – 8500
2 Yr. – 94000
|SSLC ; 60% NTC – Instrument Mechanic ;
National Apprenticeship Certificate
Required Qualification:
The above mentioned qualifications for available posts are essential. Additional details are mentioned below –
- The requisite experience mentioned above is minimum and post-qualification.
- The desired experience has to be relevant in terms of skills and organization size of previous employer.
Age Limit:
Age limits are mentioned in the above table for all the semi-skilled positions. The relaxation rules mentioned in the TNPL Recruitment 2016 Advertisement are as follows –
- Candidates with SC/ST/SCA community reservations receive 5 years in upper age limit.
- Candidates from BC/DNC/MBC communities receive 2 years in upper age limit.
Selection Process:
The selection procedure for the above mentioned positions is given below –
- Applications are scrutinized by the HR Department.
- The Heads of concerned departments are consulted for preparing the final list
- The short listed candidates are invited for a written test.
- Trichy-based NIT conducts the written exam for 100 marks.
- General candidates who secure 50% and Reserved candidates who secure 45% qualify for the interview round.
- Selection Committee is formed with the Deputy MD's approval.
- Interview is for 40 marks with 10 marks each for Aptitude, Communication Skills, Job Knowledge and Attitude/Personality.
- Interview marks have 35% weight age and written test has 65% weight age.
- Community-wise final list for selection is based on the above mentioned weight age of marks.
Salary Structure:
The pay scale is mentioned above for all the available positions at TNPL. The following additional details can be perused –
- The trainees who receive stipend will be offered the corresponding pay scale after probation.
- The pay is sanctioned at the discretion of the Managing Director.
Application Fee:
The application fee or intimation charges are not mentioned in the TNPL Recruitment 2016 Advertisement.
How to Apply TNPL Recruitment:
Aspirants can go through the following sequence of steps for application procedure –
- The applications have to be sent using postal services within 15 days of the advertisement.
- Only fixed format applications have to be sent with separate applications for each job position.
- The bio data format can be downloaded and printed from the website using the provided links.
- Fill all the details in bio data including personal, communication, education, salary, current position and experience information.
- Enclose filled up application in an envelope along with photocopies of testimonials.
- Documentary proof includes certificates for DOB, academics, experience, community, current job and salary, etc.,
- Super scribe the top of the envelope with the name of the post.
- Submit before 31st October at the following address –
General Manager (Hr)
Tamil Nadu Newsprint And Papers Limited
Kagithapuram – 639 136,
Karur District,
Tamil Nadu
Important Dates:
The interested candidates can make a note of the following important dates mentioned in the TNPL Recruitment 2016 Advertisement-
|Release Date Of Official Advertisement
|17th October, 2016
|Last Date To Send Postal Applications
|31st October, 2016
|Age Limits Reckoned On
|1st October, 2016
Important Links:
The link to official website of TNPL is at: http://www.tnpl.com/index1.aspx
The links to official notification and application format are at: http://www.tnpl.com/Careers/hr%20advt%2017oct2016%20r1.pdf
TNPL Recruitment 2016 – Semi-Skilled A, B and C (Lab, WTP/ETP, Catering) and Executive Director/Chief General Manager Posts
Tamil Nadu Newsprint and Papers Limited also known as TNPL, is basically a paper-mill company with gross turnover of nearly 2300 INR Crores. Now, in this year, it has taken the decision and is looking for aspiring candidates for their firm. TNPL has issued information on their official website relating to the vacancies they have available in their firm with the title, TNPL Recruitment 2016. This advertisement will enable the interested applicants to know about all the process, including how they can apply, When is the best time to apply, where they can fill up their forms in, how can they post it, how can they upload their documents, etc. One, who wants to work in the firm, can follow the procedure which will be given below and read all instructions related to the advertisement and apply before the deadline.
Job Description:
According to the advertisement made by TNPL Recruitment 2016 following are the guidelines, which says that there is an announcement made for the vacancies for varied classes they are hiring for nearly 11 seats for posts such as Semi-Skilled A, B and C (Lab, WTP/ETP, and Catering) and Executive Director/Chief General Manager Posts. The official website of the firm is being daily updates with all required notifications and data which is required for applying and all related information about how to apply. Applicants, who want to apply in TNPL, can log in the website which is www.tnpl.com and check out all related information about all the posts. But, the only criteria are that one must apply before 11th of August, 2016 which is the deadline.
The advertisement issued by TNPL, includes all following details about all vacancies above. The applicants who will be selected will be notified through emails, SMS, Texts, or any contact details provided by them.
Vacancy Details:
The advertisement issued by TNPL recruitment 2016, includes all following details which one needs, and including what are the vacancies they are offering, and how many seats are they offering,
|Sr. No
|Name of the Post
|Number of Seats
|Semi-Skilled(C)(LAB) OR
|6 seats (GT:1, MBC/DNC:2,SCA:1, BCM:1, SCA:1)
|Semi-Skilled (B) (LAB) OR
|Semi-Skilled(A) (LAB)
|Semi-Skilled(C)(WTP/ETP Operator) OR
|3 seats (BCM:1, SCA:1, ST:1)
|Semi-Skilled (B) (WTP/ETP Operator) OR
|Semi-Skilled(A) (WTP/ETP Operator)
|Semi-Skilled(C)(Catering) OR
|1 seat(BC)
|Semi-Skilled (B) (Catering) OR
|Semi-Skilled(A) (Catering)
|Executive Director/Chief General Manager
|1 seat(GTD)
- One must provide proper proof of their belonging from a particular category.
Required Qualification:
The advertisement issued by TNPL, includes all following details such as what they are looking in individual they will select,
|Sr. No
|Name of the Post
|Semi-Skilled(C)(LAB) OR
|Semi-Skilled (B) (LAB) OR
|Semi-Skilled(A) (LAB)
|Semi-Skilled(C)(WTP/ETP Operator) OR
|Semi-Skilled (B) (WTP/ETP Operator) OR
|Semi-Skilled(A) (WTP/ETP Operator)
|Semi-Skilled(C)(Catering) OR
|Semi-Skilled (B) (Catering) OR
|Semi-Skilled(A) (Catering)
|Executive Director/Chief General Manager
Selection Process:
- The advertisement issued by TNPL recruitment 2016, includes all following details, and that the selection process will be done through, examination held by the panel followed by interview.
- For the written examination there will be a notice which will be uploaded on the official website which is www.tnpl.com.
- One can watch for any updates or notifications.
- For the examination, an address will be given, and a time, one has to reach there in time with their admit card issued and A Valid id.
- Questions in the paper, will range around English skills, how much do they know about the posts and how much do they know about the firm.
- After the examination is held, after a period of time, its list of selected ones will be displayed. Applicants who make it to the list are the only one who can make it to the interview which is the next round.
- For interview session, one will be called on a given venue and time, one must make sure they reach there in time, without getting late.
- Documents and certificates must be brought and interview procedure will be taken.
- At last examination marks and marks from the interview will be summarized and candidates who are selected will be announced.
Age Limit:
TNPL has issued list of age limit,
|Sr. No
|Name of the Post
|Semi-Skilled(C)(LAB) OR
|30-35 years
|Semi-Skilled (B) (LAB) OR
|30 years
|Semi-Skilled(A) (LAB)
|35 years
|Semi-Skilled(C)(WTP/ETP Operator) OR
|30-35 years
|Semi-Skilled (B) (WTP/ETP Operator) OR
|30 years
|Semi-Skilled(A) (WTP/ETP Operator)
|35 years
|Semi-Skilled(C)(Catering) OR
|30 years
|Semi-Skilled (B) (Catering) OR
|30 years
|Semi-Skilled(A) (Catering)
|35 years
|Executive Director/Chief General Manager
|ED: 54 years
CGD: 52 years
Proper documents of matriculation must be provided.
Salary Structure:
After undergoing all selection, TNPL has issued what pay according to the post they are offering,
|Sr. No
|Name of the Post
|Semi-Skilled(C)(LAB) OR 27420 INR- 38400
|27420 INR- 38400 INR (monthly)
|Semi-Skilled (B) (LAB) OR
|Semi-Skilled(A) (LAB)
|Semi-Skilled(C)(WTP/ETP Operator) OR
|Semi-Skilled (B) (WTP/ETP Operator) OR
|Semi-Skilled(A) (WTP/ETP Operator)
|Semi-Skilled(C)(Catering) OR
|Semi-Skilled (B) (Catering) OR
|Semi-Skilled(A) (Catering)
|Executive Director/Chief General Manager
|ED:223800 INR(monthly)
CGD:206600 INR(monthly)
How to Apply:
- The advertisement issued by TNPL, includes all following details and it keenly says that one has to post the application form.
- First of all one has to log in the official website which is www.tpcl.com
- Then on homepage one will be able to see a tab which says "Career" under the "HR Section", it must be clicked.
- A PDF file with all the posts will get open.
- One must observe what the format is given.
- The application form must be written and posted on given address.
- With the form, one is needed to affix attested copy of qualification certificates.
- Passport sized photographs must be attached.
- The whole envelope must be send in below address,
Postal Address:
- For semi skilled,
General Manager(HR) Tamilnadu newsprint and papers ltd.
Kagithapuram-639 136, Karur district,Tamil nadu.
- For Rest of posts,
General manager(Corporate technical cell),
Tamil nadu newsprint and papers ltd,No.67,
Mount road,
Chennai-600 032,
Tamil nadu
Important Dates:
As per advertisement, following are important dates,
|For semi skilled,
|For rest of posts,
Important Links:
The official website link is: www.tnpl.com
TNPL Recruitment 2016 Advertisement for semi-skilled – Get Notification PDF
TNPL Recruitment 2016 For others, (Executive Director/Chief General Manager) Details – Download Notification


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United States District Court, C.D. Illinois, Rock Island Division
March 12, 2014
AIMEE HANKINS, Plaintiff,v.DENNIS BURTON, et al., Defendants.
SARA DARROW, District Judge.
Before the Court are Defendant Tim Lowe's Motion to Dismiss, ECF No. 79, and Plaintiff Aimee Hankins's Objections, ECF No. 86, to Magistrate Judge John A. Gorman's Order of June 3, 2013, which denied Plaintiff's Motion for Entry of Default, ECF No. 74, against Defendant Lowe. For the following reasons, the Magistrate Judge's Order, ECF No. 78, is AFFIRMED, and Defendant Lowe's Motion to Dismiss, ECF No. 79, is GRANTED.
Hankins was released from prison on March 2, 2007, and placed on probation[1] in Sharp County, Arkansas. She was transferred multiple times, and in 2009, following a request to be placed closer to her children, ended up in Mercer County, Illinois, under the supervision of Officer Lowe. Compl. ¶¶ 25-34, ECF No. 1. While in Illinois, Hankins questioned the termination date of her probation on several occasions. Id. at ¶ 36. Lowe allegedly told her that her termination date was determined by Arkansas officials, and when she repeatedly requested copies of her records, was told that her Sharp County Probation Officer, Dennis Burton, indicated he "would consider such a request to be a probation violation and use it to throw [Hankins] back in prison." Id. at ¶ 36. According to Hankins, she remained on probation until at least February 10, 2011, when Lowe gave her a document she claims indicated her probation actually ended in early 2010. Id. at ¶ 45. Hankins claims she was wrongfully kept on probation during the interim in violation of her civil rights. Id. at ¶ 49.
On June 22, 2011, Hankins sued three states, four state agencies, and several individual governmental employees, alleging claims under 42 U.S.C. § 1983 as well as intentional and negligent infliction of emotional distress arising from the extension of her probation. Id. at ¶¶ 67-105. The Court exercised jurisdiction under 28 U.S.C. §§ 1331, 1343(a)(3), and 1367(a). On August 3, 2012, the Court dismissed all counts against all defendants except for Lowe, who had not yet been served. Order of Aug. 3, 2012, ECF No. 65. Lowe was finally served on or about October 28, 2012. Def.'s Resp. Obj. 1, ECF No. 87. Because Lowe is an Illinois Department of Corrections employee, he sent a request for legal representation in this matter to the Department's Office of the Chief Counsel. Def.'s Resp. Mot. Entry Default 2, ECF No. 72. The Department received his request on or about November 2, 2012, but did not forward it to the Office of the Attorney General until May 7, 2013. Lowe received state counsel the following day. Id.
Hankins moved for entry of default against Lowe on May 2, 2013. Pl.'s Mot. Entry Default, ECF No. 74. On May 15, 2013, Lowe responded to Hankins's motion for entry of default, ECF No. 72, and moved for an extension of time to answer Hankins's complaint, ECF No. 73. Finding that Lowe was technically in default but had demonstrated good cause for his lengthy silence, Judge Gorman entered an Order on June 3, 2013, ECF No. 78, denying Hankins's Motion for Entry of Default and granting Lowe leave to file a motion to dismiss. Hankins moved for reconsideration of her motion for entry of default, ECF No. 84, which Judge Gorman denied. Hankins lodged her Objection to the magistrate's determination, ECF No. 86. Now before the Court are: (1) Hankins's Objection to Judge Gorman's Order denying entry of default, ECF No. 86, and (2) Lowe's Motion to Dismiss, ECF No. 79.
I. Objection to Magistrate's Order
A. Legal Standard
The Court will uphold a magistrate judge's ruling on a nondispositive pretrial matter unless clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a). A defendant must serve an answer within 21 days of being served with a summons and complaint unless service has been waived. Fed.R.Civ.P. 12(a)(1)(A). Rule 55 provides for entry of default "when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend...." Fed.R.Civ.P. 55(a). Entry of default is only justified "if the defaulting party has exhibited a willful refusal to litigate the case properly." Davis v. Hutchins , 321 F.3d 641, 646 (7th Cir. 2003) (citation omitted). Such willfulness manifests itself as a "continuing disregard for the litigation or for the procedures of the court." Id. (citation omitted).
B. Analysis
Hankins objects to Judge Gorman's denial of entry of default on the grounds that Lowe offered no reasonable explanation for his delayed appearance. Pl.'s Obj. 1, ECF 85. Lowe responds that he did not anticipate his employer's failure to timely lodge his request with the Attorney General. Def.'s Resp. Obj. 3, ECF No. 87. He attributes his delay in appearing at least somewhat to the fact that, because Hankins originally erroneously identified Lowe as a Mercer County and not Illinois State employee, see Compl. ¶ 16, and Mercer County had previously appeared by private counsel, there was no reason for the Illinois Attorney General to anticipate Lowe's request. Def.'s Resp. Obj. 3. Within eight days of receiving state counsel, Lowe had responded to Hankins's motion for entry of default, and had moved for more time to answer her complaint.
Judge Gorman noted that, by not responding or otherwise appearing following service of Hankins's complaint for over six months, Lowe missed the Rule 12 answer deadline. However, Judge Gorman found that Lowe's explanation for the delay justified denying the motion for entry of default. Order 1-2, ECF No. 78.
Hankins casts Lowe's delay as "a bad faith attempt to give law enforcement another opportunity to arrest Plaintiff..., to destroy or further manipulate evidence, allow evidence to grow stale, or see if Plaintiff was going to pursue the case." Pl.'s Obj. 4. Hankins, however, offers not a shred of evidence in support of this theory. Lowe's delay represents at worst excusable neglect. There is no evidence of bad faith on his part, and most if not all of the delay was caused by actors over whom he had no control. Further, he immediately participated in this Court's proceedings upon finally receiving legal counsel. Lowe's actions do not manifest a "willful refusal to litigate the case properly." See Davis , 321 F.3d at 646. Judge Gorman's denial of entry of default against Lowe, therefore, is not clearly erroneous or contrary to law, and will be upheld.
II. Motion to Dismiss
In his Motion to Dismiss, Lowe argues: (1) Hankins provides insufficient allegations to plausibly state her § 1983 and other tort claims; (2) public documents attached to Lowe's Motion to Dismiss, ECF No. 79, Ex. 1, of which the Court may properly take judicial notice, establish that Hankins was not improperly kept under supervision past her authorized release date; and (3) any suit against Lowe in his official capacity for monetary relief fails to state a claim under § 1983 and is barred by the Eleventh Amendment and sovereign immunity. Id. at ¶¶ 4-7; Pl.'s Mem. Supp. Mot. Dismiss, ECF No. 80. Because Hankins fails to state any claims for relief under § 1983 and state law, the Court does not reach Lowe's other arguments. Hankins's claims against Lowe are dismissed.
Rule 8(a) of the Federal Rules of Civil Procedure requires a pleading to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a). To survive a motion to dismiss under Rule 12(b)(6), a complaint must state a claim to relief that is "plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007). A claim "has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009). In evaluating a complaint's sufficiency, legal conclusions are not entitled to the assumption of truth granted to factual allegations. Id. The Seventh Circuit has identified the practical requirements of Twombly and Iqbal for federal pleading:
First, a plaintiff must provide notice to defendants of her claims. Second, courts must accept a plaintiff's factual allegations as true, but some factual allegations will be so sketchy or implausible that they fail to provide sufficient notice to defendants of the plaintiff's claim. Third, in considering the plaintiff's factual allegations, courts should not accept as adequate abstract recitations of the elements of a cause of action or conclusory legal statements.
Brooks v. Ross , 578 F.3d 574, 581 (7th Cir. 2009).
B. Section 1983 Claims
In order to state a claim under 42 U.S.C. § 1983, a plaintiff must sufficiently allege that (1) a person acting under color of state law (2) deprived her of a right, privilege, or immunity secured by the Constitution or laws of the United States. London v. RBS Citizens, N.A. , 600 F.3d 742, 745-46 (7th Cir. 2010). There is no dispute that Lowe was acting under color of state law. He contends, however, that Hankins fails to plausibly allege that he violated any of her federal rights.
1. Right to Privacy
Courts have articulated two main areas of constitutional privacy rights: (1) the Fourteenth Amendment protects a person's interest in avoiding disclosure of personal matters and making important decisions regarding marriage, procreation, contraception, family relationships, and child rearing and education without government interference; and (2) the Fourth Amendment provides a "a certain zone or expectation of privacy" in the search and seizure context. Roach v. City of Evansville, 11 F.3d 544, 550 (7th Cir. 1997).
Hankins's allegations do not reach the areas protected by the Fourteenth Amendment. Her sole conceivably-relevant assertion is that "defendants intruded into plaintiff's personal affairs without reasonable basis." Compl. ¶ 70. This vague, unsubstantiated, and conclusory statement cannot support a plausible Fourteenth Amendment privacy claim. See Brooks , 578 F.3d at 581.
Regarding her Fourth Amendment privacy, the closest Hankins comes to factually alleging an unconstitutional search or seizure is her claim that each month a probation officer came to her house "to check on [her] and the status of her home." Compl. ¶ 41. However, she does not allege that Lowe conducted any search or seizure during such visits, nor does she make any other factual allegations that would support such an inference. Her formulaic accusations, such as that defendants "unlawfully invaded Plaintiff's constitutional right [to] privacy, without any right or authority to do so, and against plaintiff's will, " id. at ¶ 68, are legal conclusions not entitled to an assumption of truth. See Iqbal , 556 U.S. at 678. Read in the most favorable light, Hankins's assertions still fail to inform Lowe of what unlawful conduct he engaged in. See Brooks , 578 F.3d at 581. Hankins's § 1983 claim that Lowe violated her right to privacy is therefore dismissed.
2. Right to Interstate Travel
The Supreme Court has recognized that various constitutional provisions, including the Privileges and Immunities Clause of Article IV and the Fourteenth Amendment, protect a citizen's right to interstate travel. Williams v. Wisconsin , 336 F.3d 576, 581 (7th Cir. 2003) (citing Saenz v. Roe , 526 U.S. 489, 498-504 (1999)). Parolees and probationers may validly have this freedom reduced by the conditions of their release for the duration of their sentence. See Alonzo v. Rozanksi , 808 F.2d 637, 638 (7th Cir. 1986). The right to interstate travel has at least three components. "It protects the right of a citizen of one State to enter and leave another State, the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second State, and for those travelers who elect to become permanent residents, the right to be treated like other citizens of that State." Saenz , 526 U.S. at 500.
As to how Lowe violated her Hankins's right to travel, her complaint provides little guide. The only relevant allegations are that each defendant "unlawfully prevented, impeded, or otherwise interfered with Plaintiff's constitutional right to travel, without any right or authority to do so, " Compl. ¶ 77, and that her "freedom of movement, including interstate travel to, for example, visit with friends and relatives[, ] was severely restricted, " id. at ¶¶ 43, 77. She does not discuss how Lowe interfered with her entering or leaving any particular state on even one occasion, nor do her allegations suggest Lowe treated her like an unfriendly alien or gave her disparate treatment assuming she changed her permanent residency.
Hankins cites Ketchum v. City of West Memphis , 974 F.2d 81, 83 (8th Cir. 1992) as an example of how the defendants violated her right to travel. Compl. ¶ 80. Ketchum found that the plaintiff stated a § 1983 claim for violation of his right to interstate travel when he pleaded that police ordered him to walk across a bridge from Arkansas to Tennessee with a broken toe. 974 F.2d at 83. The court noted that defendants had no "right to banish or exile him to Tennessee." Id. Ketchum has no bearing on this case, however, as Hankins-who was only on probation in Illinois due to her requested transfer to be near her children, Compl. ¶ 34-does not allege that Lowe forced her to enter or leave Illinois or any other state.
Hankins's allegations are too bare and conclusory to support an inference that Lowe committed any variety of deprivation of her right to travel; they thus fail to adequately notify Lowe of the nature of Hankins's claim. See Brooks , 578 F.3d at 581. Accordingly, her § 1983 claim against Lowe based on deprivation of her right to interstate travel is dismissed.
3. Right of Access to Courts
The right of individuals to pursue legal redress for nonfrivolous claims is protected by the First and Fourteenth Amendments. Vasquez v. Hernandez , 60 F.3d 325, 328 (7th Cir. 1995). Therefore, efforts by state actors to impede an individual's access to courts or administrative agencies may support a constitutional claim under 42 U.S.C. § 1983. Id. Judicial access must be "adequate, effective, and meaningful." Id. (quoting Bounds v. Smith , 430 U.S. 817, 822 (1977) (internal quotation marks omitted). A denial of access allegation, however, is necessarily ancillary to the underlying legal claim allegedly thwarted. Christopher v. Harbury, 536 U.S. 403, 415 (2002). A complaint alleging denial of access must identify a "nonfrivolous" underlying claim and the remedy lost to the plaintiff as a result of the denial of access. Id. at 415-16.
Hankins fails to allege a nonfrivolous underlying claim that Lowe's conduct prevented her from pursuing. Regarding Lowe's purported role in blocking access to her probation information, Hankins only pleads that (1) Lowe told her the ultimate termination date was determined by Arkansas officials, including Burton, and (2) Hankins was told by an unnamed source-which the Court will construe to be Lowe, reading implications from the complaint's paragraph structuring in the light most favorable to Hankins-that Burton said he would retaliate if Hankins requested her Arkansas records. Compl. ¶¶ 36-37. While Hankins sweepingly alleges that all defendants were acting in concert and had an affirmative duty to stop each other's wrongdoing, e.g., id. at ¶ 59, she does not indicate how this blanket claim-legally insufficient on its own, see Iqbal , 556 U.S. at 678-plausibly refers to this instance. There is no factual allegation suggesting Lowe ever blocked her access. Far from it, Hankins claims it is Lowe who provided Hankins, albeit belatedly, with the document allegedly indicating her entitlement to release in 2010. Compl. ¶ 45. As alleged, Lowe's actions are at least equally consistent with- and far more suggestive of-lawful conduct than they are of tortious behavior. See Twombly , 550 U.S. at 567 (holding that allegations of conspiracy were insufficient where facts were at least equally consistent with alternative, law-abiding-behavior explanation). Hankins fails to plead sufficient factual material to state a plausible § 1983 claim against Lowe based on violation of her right of access to courts. Therefore, this claim is dismissed.
4. Right to Effective Assistance of Counsel
Hankins's complaint does not specify whether her Fifth or Sixth Amendment right to effective assistance of counsel was violated. The Fifth Amendment's protection against self-incrimination provides a right to have counsel present during custodial interrogation. Winsett v. Washington , 130 F.3d 269, 278 (7th Cir. 1997) (citations omitted). The Sixth Amendment textually limits its right to counsel to "criminal prosecutions." U.S. Const. amend VI. Thus, there is no Sixth Amendment right to effective assistance of counsel in civil cases. Stanciel v. Gramley , 267 F.3d 575, 581 (7th Cir. 2001) (rejecting ineffective assistance of counsel in § 1983 suit) (citations omitted). This includes suits seeking post-conviction relief from a criminal sentence. See Murray v. Giarratano , 492 U.S. 1, 7-8 (1989).
Hankins does not allege the existence of any criminal proceeding in which Lowe allegedly interfered with her obtaining effective assistance of counsel. The instant suit is civil in nature. Further, Hankins does not allege any custodial interrogation at which she sought and was denied counsel by Lowe. Therefore, Hankins has failed to state a claim for deprivation of right to counsel under either the Fifth or Sixth Amendments.
5. Due Process
Hankins alleges that her Fourteenth Amendment procedural due process rights were violated through extension of her term of probation without notice and a hearing. Compl. ¶ 95. At the threshold, however, Hankins provides no factual allegations creating a reasonable inference that Lowe had anything to do with denying her due process. See Iqbal , 556 U.S. at 678. She alleges that Lowe told Hankins the date of her release was determined not by him, but Arkansas officials, and Hankins never disputes the truth of this claim. Compl. ¶ 36. She also credits Lowe with providing what notice-albeit delayed-she received of the alleged extension of her supervision. See id. at ¶ 45. These allegations-the only ones seemingly related to Lowe's role in denial of due process-are more exculpatory than inculpatory, see Twombly , 550 U.S. at 567, and provide Lowe with no notice as to what conduct of his is at issue, see Brooks , 578 F.3d at 581. Accordingly, Hankins's claim against Lowe for denial of procedural due process is dismissed.
B. State Law Claims
Federal courts exercising supplemental jurisdiction apply state substantive law, Timmerman v. Modern Indus., Inc. , 960 F.2d 692, 696 (7th Cir. 1992), which includes choice-of-law rules, Klaxon Co. v. Stentor Elec. Mfg. Co. , 313 U.S. 487, 497 (1941). Under Illinois choice-of-law rules, the law of the place of injury presumptively governs unless there is a greater or more significant relationship to another state. Townsend v. Sears, Roebuck & Co. , 879 N.E.2d 893, 903 (Ill. 2007). While Hankins does not specify which state's tort law she is suing under, Lowe's alleged infliction of emotional distress occurred while Hankins was under his supervision in Illinois, and there is no indication that other relevant events occurred out-of-state. Accordingly, the Court applies the law of Illinois to these claims.
1. Intentional Infliction of Emotional Distress
The elements of the tort of intentional infliction of emotional distress ("IIED") under Illinois law are: "(1) the defendant's conduct was extreme and outrageous; (2) the defendant intended to inflict severe emotional distress or knew that there was at least a high probability that his conduct would inflict severe emotional distress, and (3) the defendant's conduct did cause severe emotional distress." Van Stan v. Fancy Colours & Co. , 125 F.3d 563, 567 (7th Cir. 1997) (citations omitted). "[M]ere insults, indignities, threats, annoyances, petty oppressions, or other trivialities'" are not actionable. Honaker v. Smith , 256 F.3d 477, 490 (7th Cir. 2001) (quoting McGrath v. Fahey , 533 N.E.2d 806, 809 (Ill. 1988)). The conduct must go "beyond all bounds of decency" and be "considered intolerable in a civilized society" to be considered extreme and outrageous. Fox v. Hayes , 600 F.3d 819, 842 (7th Cir. 2010). Otherwise non-actionable behavior may be deemed extreme and outrageous due to "the defendant's improper use of a position of power which gives him the ability to adversely affect the plaintiff's interests.'" Id. (quoting Kolegas v. Heftel Broad. Corp. , 607 N.E.2d 201, 212 (1992)). "The more control which a defendant has over the plaintiff, the more likely that defendant's conduct will be deemed outrageous, particularly when the alleged conduct involves either a veiled or explicit threat to exercise such authority or power to plaintiff's detriment." McGrath , 533 N.E.2d at 809. Greater latitude, however, is given to a defendant pursuing what he reasonably believes is a legitimate objective. See id. at 810.
Hankins neither expressly alleges that Lowe engaged in any "extreme and outrageous" conduct nor do the few factual allegations concerning Lowe plausibly give rise to such an inference. This would not necessarily be fatal to her claim if she plausibly accused Lowe of abusing the position of power he exercised over her as her probation officer. See Fox , 600 F.3d at 842. She does not. She states that Lowe "generally treated her fairly, " but claims he breached his duty to maintain accurate information regarding her sentence. Compl. ¶ 35. While Hankins claims Lowe ultimately provided her with the document disclosing an alleged earlier release date, id. at ¶ 45, she does not allege that Lowe knew of the date or had any control over her release.
Rather, Hankins recites without challenging Lowe's alleged statement that Hankins's release date was determined by Arkansas officials. Id. at ¶ 36. The threat of using her information request as a reason to revoke her release is attributed to Burton. Id. at ¶ 37. According to Hankins, therefore, Lowe exerted comparatively little control over her fate and made no threats to exercise his power to her detriment. See McGrath , 533 N.E.2d at 809. At most, the Complaint charges Lowe with negligence in pursuing his objectively legitimate goal of supervising Hankins in accordance with her sentence. Such conduct can hardly be described as "beyond the bounds of all decency, " see Fox, 600 F.3d at 842, and does not support the inference that Lowe acted with the tort's requisite intent or reckless disregard, see Van Stan , 125 F.3d at 567. Accordingly, Hankins has failed to state an IIED claim against Lowe.
2. Negligent Infliction of Emotional Distress
In evaluating negligent infliction of emotional distress ("NIED") claims, Illinois courts differentiate between "bystanders" and "direct victims." Lewis v. CITGO Petroleum Corp. , 561 F.3d 698, 702 (7th Cir. 2009). Bystanders must, due to being in the "zone of danger, " have had "reasonable fear for [their] own safety' which caused them emotional distress" and be able to "demonstrate physical injury or illness resulting from the emotional distress." Id. at 703 (quoting Kapoulas v. Williams Ins. Agency, Inc. , 11 F.3d 1380, 1382 (7th Cir. 1993)). By comparison, a direct victim may not recover for emotional distress suffered as a result of a defendant's negligence unless the distress accompanied a contemporaneous physical injury to or impact on the plaintiff. Id. (citing Rickey v. Chicago Transit Authority , 457 N.E.2d 1, 2 (Ill. 1983)).
Hankins, the direct victim of Lowe's alleged negligence, alleges no physical injury or impact inflicted on her by Lowe. Even analyzed as a bystander, Hankins does not expressly or inferentially allege that Lowe caused her to fear for her safety, leading to emotional distress manifesting in a physical injury or illness. She therefore fails to state an NIED claim against Lowe.
The June 3, 2013 Order, ECF No. 78, denying Plaintiff Hankins's Motion for Entry of Default against Defendant Lowe is AFFIRMED. Defendant Lowe's Motion to Dismiss, ECF No. 79, is GRANTED. All of Plaintiff Hankins's claims against Defendant Lowe are dismissed. The Clerk is directed to enter judgment, closing the case.
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text:
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text:
Disclaimer: I would only recomend security conscious people do this. It will disable a safeguard built to protect you. Antivirus and anti ad and spyware alone will not fully protect you. Proceed at your own risk.
If you are sick of Vista constantly nagging you when you go to do stuff there is a fix. I resorted to this after installing stuff with admin privledges didn't cut the cake. Run as for those no in the know. I also got sick of clicking when I was working w/ archives.
Ok. I'm going to tell you how to disable UAC. AKA the guy in the suit in the Mac commercials. Again don't even try this if you're not very familiar w/ computers. It could get ugly.
Hold the Windows key down and press the r key. A prompt will pop open. Type msconfig in the prompt and hit enter. (The system configuration will also let you disable startup services under the start up tab.) Again if you don't know, don't play w/ it. Click on the tools tab. Locate the disable UAC option. Highlight it and click launch. A command prompt will come and go. Restart for the changes to take effect. Now you can install programs and run apps without having that prompt pop up asking for permission. For the last time, be careful if you turn it off. If your computer becomes comprimised you are allowing the attacker to have administrator privledges.
Finally make sure you have all the appropriate mal-ware scanners, and preferably a hardware firewall. However software firewalls are ok if it's the only option. Oh and stay away from shadey download and hacking sites. Going to them is where alot of people get hit.


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4-Blade Wet/Dry Shaver
Details http://shop.panasonic.com/support-only/ES-RF41-Q.html
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x-is-remote_addr: 18.104.22.168 -- x-forwarded-for: null -- Fallback address: 22.214.171.124 -- httpRemoteAddress: 188.8.131.52 -- All Headers: {x-is-script_name=/on/demandware.servlet, x-is-path_info=/support-only/ES-RF41-Q.html, x-is-requestid=I2fZc1hDPoGXAgAK-0-00, x-is-gateway_interface=apache API, x-is-server_protocol=HTTP/1.0, x-is-server_port_secure=0, x-is-path_translated=/web/aasq_prd/webadapter/lib/demandware.servlet, x-is-server_software=Apache, x-is-server_port=10182, x-dw-ext-tenant-id=aasq_prd, x-is-host=shop.panasonic.com, accept=text/html,application/xhtml+xml,application/xml;q=0.9,*/*;q=0.8, x-is-session_id=YB7cf4Z-Vjm0OdXVdBQmhiO0vWJPLn34YwXkuFo1JvXmg0-KkCZ3SLcv4FtJeAxjS2DxTCuLdHsDciJRe_eD4w==, x-is-cache_hash=71b4db30d59aa1b75fbf4031297facd3, x-is-query_string=t=specs, x-is-remote_addr=188.8.131.52, connection=close, x-is-server_name=shop.panasonic.com, x-is-request_method=GET, x-wa-version=220.127.116.11, accept-encoding=x-gzip, gzip, deflate, user-agent=CCBot/2.0 (http://commoncrawl.org/faq/)}


text:
You may remember about three years ago, a young black lady who worked as a waitress made all the headlines when she went to the media with a story of a man she claimed she'd waited on allegedly who wrote "none nig^$*er" on her receipt in the tip section.
The story went viral, the young black lady became an instant celebrity and the new face for everyone who wanted to be a victim…
…but then…
The guy who she claimed had written the note went bat shit nuts because it was a lie- dug up his receipt showing he actually DID leave a tip and that he did NOT write such a thing- and completely blew her story out of the water.
Now, a white woman is claiming she's the victim of a similar racist receipt.
Have a look:
Here's the story:
And the source above is right. If this did happen to a black woman, they'd probably be suing and getting a trip to the white house. As it was, the woman this happened to probably made it a point to get word out that it happened, but then enjoyed her pizza and got on with her life. And she probably didn't burn any convenient stores down.
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text: The religious right's assertion that it represented the moral high ground was widely accepted for many years. But once they were challenged to defend that assertion, it proved to be indefensible. That's why anti-gay ballot initiatives in the United States lost in 2012, and it's why Irish voters overwhelmingly endorsed marriage equality in 2015. [Read more…]


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June 30, 2011
TICKETMASTER, L.L.C., A VIRGINIA COMPANY, PLAINTIFF,v.ILLINOIS UNION INSURANCE COMPANY, AN ILLINOIS COMPANY, AND DOES 1 THROUGH 10, DEFENDANTS.
Pre-Trial Conference: January 20, 2012 Jury Trial: February 21, 2011 Location: Courtroom 15 Considering the stipulation entered into by the parties on June 29, 2011, concerning the revision and supplementation of the Protective Order Concerning Confidential Information [Rec. Doc. No. 14], the Court enters the following revised protective order in substitution for the previously entered protective order:
1. In connection with discovery proceedings in this action, the parties may designate any document, thing, material, testimony or other information derived therefrom, as "Confidential" under the terms of this Protective Order (hereinafter "Order"). Confidential information is trade secrets, proprietary information, and other highly confidential commercial information, or material required to be kept confidential by state or federal law.
2. By designating a document, thing, material, testimony or other information derived therefrom as "Confidential" under the terms of this Order, the party making the designation is certifying to the Court that there is a good faith basis in law and in fact for the designation within the meaning of Federal Rule of Civil Procedure 26(g).
3. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend "CONFIDENTIAL." Stamping the legend "CONFIDENTIAL" on the cover of any multipage documents shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
4. Testimony taken at a deposition may be designated as confidential by making a statement to that effect on the record at the deposition. Arrangements shall be made with the court reporter taking and transcribing such deposition to separately bind such portions of the transcript containing information designated as confidential, and to label such portions appropriately.
5. Material designated as confidential under this Order, the information contained therein, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential (hereinafter "Confidential Material") shall be used only for the purpose of the prosecution, defense, or settlement of this action, and for no other purpose.
6. Confidential Material produced pursuant to this Order may be disclosed or made available only to the Court, to counsel for a party (including the paralegal, clerical, and secretarial staff employed by such counsel), to officers, directors or employees of a party who are involved in the prosecution or defense of this litigation, to auditors, reinsurers or regulators who request access to Illinois Union files containing or reflecting Confidential Material, and to the "qualified persons" designated below:
(a) experts or consultants (together with their clerical staff) retained by such counsel to assist in the prosecution, defense, or settlement of this action;
(b) court reporter(s) employed in this action;
(c) a witness at any deposition or other proceeding in this action; and
(d) any other person as to whom the parties in writing agree.
Prior to receiving any Confidential Material, each "qualified person" shall be provided with a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment A, a copy of which shall be provided forthwith to counsel for each other party and for the parties.
7. Only qualified persons and other persons allowed access to Confidential Material pursuant to paragraph 6 above may attend depositions at which Confidential Material is used or discussed.
8. The parties may further designate certain discovery material or testimony of a highly confidential and/or proprietary nature as "CONFIDENTIAL -ATTORNEY'S EYES ONLY" (hereinafter "Attorney's Eyes Only Material"), in the manner described in paragraphs 2 and 3 above. Attorney's Eyes Only Material, and the information contained therein, shall be disclosed only to the Court, to counsel for the parties (including the paralegal, clerical and secretarial staff employed by such counsel), and to the "qualified persons" listed in subparagraphs 6(a) through (d) above, but shall not be disclosed to a party, or to an officer, director or employee of a party, unless otherwise agreed or ordered. If disclosure of Attorney's Eyes Only Material is made pursuant to this paragraph, all other provisions in this order with respect to confidentiality shall also apply.
9. Nothing herein shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of discovery in this action, whether or not such material is also obtained through discovery in this action, or from disclosing its own Confidential Material as it deems appropriate.
10. If Confidential Material, including any portion of a deposition transcript designated as Confidential or Attorney's Eyes Only, is included in any papers to be filed with the Court, such papers shall be accompanied by an application to (a) file the confidential portions thereof under seal (if such portions are segregable), or (b) file the papers in their entirety under seal (if the confidential portions are not segregable). The application shall be directed to the judge to whom the papers are directed. Pending the ruling on the application, the papers or portions thereof subject to the sealing application shall be lodged under seal.
11. This Order shall be without prejudice to the right of the parties (i) to bring before the Court at any time the question of whether any particular document or information is confidential or whether its use should be restricted or (ii) to present a motion to the Court under Fed. R. Civ. P. 26(c) for a separate protective order as to any particular document or information, including restrictions differing from those as specified herein. This Order shall not be deemed to prejudice the parties in any way in any future application for modification of this Order.
12. This Order is entered solely for the purpose of facilitating the exchange of documents and information between the parties to this action without involving the Court unnecessarily in the process. Nothing in this Order nor the production of any information or document under the terms of this Order nor any proceedings pursuant to this Order shall be deemed to have the effect of an admission or waiver by either party or of altering the confidentiality or nonconfidentiality of any such document or information or altering any existing obligation of any party or the absence thereof.
13. This Order shall survive the final termination of this action, to the extent that the information contained in Confidential Material is not or does not become known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of information disclosed hereunder. Upon termination of this case, counsel for the parties shall assemble and return to each other all documents, material and deposition transcripts designated as confidential and all copies of same, or shall certify the destruction thereof.
14. No disclosure of documents or testimony marked and/or designated as "CONFIDENTIAL" by the parties shall be deemed a waiver of any applicable privilege. The parties specifically agree, and the Court hereby orders, that the inadvertent disclosure of documents protected by any applicable privilege shall not be deemed a waiver of privilege. Upon written notification by the party claiming privilege, the inadvertently produced document-including all copies, summaries, and abstracts of the document-shall be returned to the party claiming privilege within ten calendar days of receipt of such notification. Without notification, if the receiving party has reason to believe that the privileged material may have been inadvertently produced, it shall immediately notify the producing party of such belief and take all reasonable precautions to avoid all dissemination of the material and to collect all copies, summaries, and abstracts of the potentially privileged materials, pending further instructions from the producing party.
15. To the extent that a party inadvertently neglects to designate a document as "CONFIDENTIAL" prior to its production, a party may do so within a reasonable time thereafter. Upon such designation, the document will be deemed as "CONFIDENTIAL" pursuant to the terms of this Order.
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January 6, 1965
EMPIRE RAYON YARN CO., Inc., Plaintiff,
AMERICAN VISCOSE CORPORATION et al., Defendants
We have for resolution cross motions for summary judgment in an action for treble damages brought under the Robinson-Patman Act alleging violations of § 2(c), (d) and (e), 15 U.S.C. § 13(c)-(e).
Defendant American Viscose Corporation (American), a major producer, is one of several companies engaged in the manufacture of first quality viscose rayon yarn, the bulk of which it sells directly to the textile trade where it is converted or processed. Defendants Malina Company (Malina) and Shawmut Inc. (Shawmut), as is plaintiff (Empire), are processors.
With respect to a small portion of its output American sells to what we may here call jobbers, who sell to and service smaller units of the textile trade. By separate written agreements with American, Malina (since 1949) and Shawmut (since 1953) also serve as jobbers, in return for which they receive a 5% Discount upon the submission by them to American of proof that they have resold the yarn in its original condition at American's list price, i.e., the same price at which they purchased it from American.
American has the same agreement (since 1949) with Gutner Brothers (Gutner). Gutner is not a processor. It is a jobber only and only of American's product, while Malina and Shawmut also function as jobbers for other manufacturers.
Plaintiff Empire also performs the dual function of processor and jobber, although not for American, which is the root of the controversy.
Empire, apparently in 1956, sought to enter an agreement with American such as exists with Malina, Shawmut and Gutner, and American declined.
Empire then brought this action against American, Malina, Shawmut and Gutner. Initially the plaintiff also alleged a violation of § 2(a), 15 U.S.C. § . 13(a). In 1958 cross motions for summary judgment were denied, Judge Weinfeld holding that factual questions existed with regard to (1) whether Empire purchased the yarn from American for processing or for resale in competition with the other jobber defendants; (2) whether the jobber defendants performed services different from those of Empire and were thus entitled to a discount; (3) whether American's classification of its customers into jobbers and processors was reasonably based, and; (4) whether the jobber defendants had knowingly received discriminatory discounts. Empire Rayon Yarn Co. v. American Viscose Corp., 160 F.Supp. 334 (S.D.N.Y.1958).
In the ensuing five years there have been extensive discovery proceedings, a stipulation of facts and Empire has voluntarily abandoned all claims under § 2(a). The defendants now urge that A) § 2(c) is totally inapplicable to the factual situation here presented; B) plaintiff has failed to state any valid claims under §§ 2(c), 2(d) and 2(e); C) plaintiff has no standing to sue since it receives a like discount from another manufacturer and thus cannot recover a discount from American which it claims to be unlawful, and; D) in the alternative, plaintiff's claims for damages must be confined solely to the first quality viscose rayon yarn which it purchased from American and resold in its original form. Plaintiff cross moves for summary judgment on each cause of action and seeks an injunction and damages allegedly sustained as a result of defendants' discriminatory conduct, trebled, and not limited to its purchases from American.
I. Section 2(c).
As stated by the Supreme Court in FTC v. Henry Broch & Co., 363 U.S. 166, 168, 80 S. Ct. 1158, 1160, 4 L. Ed. 2d 1124 (1960), 'the Robinson-Patman Act was enacted in 1936 to curb and prohibit all devices by which large buyers gained discriminatory preferences over smaller ones.' The Act proscribes, along with direct price discriminations,
and discriminatory allowances
and services
what is popularly termed 'dummy brokerage' in the following language:
'It shall be unlawful for any person engaged in commerce, in the course of such commerce, to pay or grant, or to receive or accept, anything of value as a commission, brokerage, or other compensation, or any allowance or discount in lieu thereof, except for services rendered in connection with the sale or purchase of goods, wares, or merchandise, either to the other party to such transaction or to an agent, representative, or other intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to the direct or indirect control, of any party to such transaction other than the person by whom such compensation is so granted or paid.' 15 U.S.C. § 13(c).
This section, 2(c) of the Act, was designed not to affect legitimate brokerage
but 'to cover * * * all * * * means by which brokerage could be used to effect price discrimination.' FTC v. Broch, supra, at 169, 80 S. Ct. at 1161. Thus, a purchaser may not receive a price reduction by having the seller pay brokerage to the purchaser's agent. Biddle Purchasing Co. v. FTC, 96 F.2d 687 (2d Cir. 1938), cert. denied, 305 U.S. 634, 59 S. Ct. 101, 83 L. Ed. 407 (1938); Oliver Bros. v. FTC, 102 F.2d 763 (4th Cir. 1939). Nor may the purchaser receive a discount directly and claim it as an amount represented by saved broker's fees, since it would then in effect represent a proscribed allowance or discount in lieu of brokerage. Great Atlantic & Pacific Tea Co. v. FTC, 106 F.2d 667 (3d Cir. 1939), cert. denied, 308 U.S. 625, 60 S. Ct. 380, 84 L. Ed. 521 (1940).
The problem presented by the instant motions is whether the jobber defendants fit into a scheme violative of 2(c). The parties have stipulated that persons who resell viscose rayon yarn in the original form are jobbers. American calls them jobbers, although it also confusingly refers to them as 'jobber-brokers' and 'purchasers,' and seeks to cast them in the light of true brokers. Yet they do actually buy the yarn. Empire calls them 'purchasers' who receive a discount in the nature of brokerage, and seeks to mold them in the image of buyers who receive brokerage or an allowance in lieu thereof directly from the seller, American. Yet they do buy and resell only at American's list price
and get the discount upon proof of compliance with the agreement. American, in its brief, states that it entered the arrangement with the jobber defendants because 'it has found it more economic and convenient to sell to jobbers who sell and service smaller units of the textile trade at lower selling costs than would be the case if American sold directly.' American disputes Empire's Rule 9(g)
statements that the discount was not for services rendered and that it was brokerage.
If the jobber defendants were true brokers, i.e., those who bring buyer and seller together for a commission without themselves taking title to the merchandise, there would be no problem. Should such a broker be treated differently because he takes title between the passage from the seller to the consumer? What it comes down to, we think, is whether one who is not in fact a broker by occupation may receive brokerage or a discount when he performs the function of a broker, and the further question, may a buyer ever perform services for his seller.
We do not agree with those authorities
who feel that decisional law has made the 'for services rendered' exception of 2(c) a dead letter as it applies to buyers. The cases principally relied upon for the conclusion had to do with the receipt of brokerage by the buyer's agents, Biddle Purchasing Co. v. FTC, supra; Oliver Bros. v. FTC, supra; Webb-Crawford Co. v. FTC, 109 F.2d 268 (5th Cir. 1940), cert. denied, 310 U.S. 638, 60 S. Ct. 1080, 84 L. Ed. 1406 (1940), or by the buyer directly in lieu either of illicit brokerage previously paid to its agents, Great Atlantic & Pacific Tea Co. v. FTC, supra, or as a straight discount sought to be justified on the basis of services rendered not for the seller, but for the buyer, Southgate Brokerage Co. v. FTC, 150 F.2d 607 (4th Cir. 1945), cert. denied, 326 U.S. 774, 66 S. Ct. 230, 90 L. Ed. 468 (1945). The Webb-Crawford case did actually read 'except for services rendered' out of the section as regards buyers, but that case does not tell us what services the receiver of the brokerage rendered or claimed were rendered. There is, to be sure, a prohibition on discounts given to a buying broker, but this occurs where the broker-buyer gets the discount on purchases he makes for his own account and later resells at whatever the market will bear. Southgate Brokerage Co. v. FTC, supra; Western Fruit Growers Sales Co. v. FTC., 322 F.2d 67 (9th Cir. 1963); In re Whitney & Co., 273 F.2d 211 (9th Cir. 1959). In Broch, where § 2(c) was violated when the seller's broker cut his commission to effect a particular sale to a buyer at a price below the seller's quoted figure, the Supreme Court said:
'There is no evidence that the buyer rendered any services to the seller or to the respondent nor that anything in its method of dealing justified its getting a discriminatory price by means of a reduced brokerage charge. We would have quite a different case if there were such evidence and we need not explore the applicability of § 2(c) to such circumstances.' 363 U.S. at 173, 80 S. Ct. at 1163.
and so expressly declined to rule out the possibility that a buyer might render services to the seller sufficient to justify a discount.
In the instant case, viewing the jobber defendants as buyers, such services are rendered. They resell at American's list price. Viewed another way, they bring buyer and seller together for a commission and the fact that they take title in the interim does not detract from the value of this service. Empire is a disappointed jobber. Its allegations amount to a claim that it is the victim of a price discrimination in that, in effect, American would charge it more for the yarn it would resell than is charged the jobber defendants. In addition, since the device used is in the nature of brokerage and the jobber defendants are also buyers the claim should be governed by § 2(c). In this way plaintiff attempts to force itself on American as a jobber and to avoid the defensive provisos of § 2(a) and the need for showing competitive injury required by that section, which are inapplicable under § 2(c). FTC v. Simplicity Pattern Co., 360 U.S. 55, 64-67, 79 S. Ct. 1005, 3 L. Ed. 2d 1079 (1959); But see FTC v. Broch & Co., supra. True, conduct permitted by § 2(a) may still be violative of § 2(c), FTC v. Broch & Co., supra, 363 U.S. at 171, 80 S. Ct. 1158, and there is an overlap and certain activities may be proscribed by both sections. Cf. United Cigar-Whelan v. H. Weinrich Co., 107 F.Supp. 89 (S.D.N.Y.1952). But where, as here, the allegations of fact
relate only to a § 2(c) violation, we will not read in the possibility that the venture complained of may also amount to a § 2(a) price discrimination, or that it might in reality result from a scheme which is non-violative of § 2(a) only because of the absence of some requirement not relevant to § 2(c).
Accordingly, defendants' motion for summary judgment on this cause of action is granted.
II. The Claims Under §§ 2(d) and 2(e).
Section 2(d) of the Robinson-Patman Act prohibits payments to one's customer as compensation for services or facilities furnished by the customer in connection with his resale of the merchandise unless the payments are available on proportionately equal terms to all customers competing in the resale. Section 2(e) makes it unlawful to discriminate in favor of one purchaser with regard to goods bought for resale by furnishing any services of facilities in connection with the resale not made available to all purchasers on proportionately equal terms.
It is clear that these sections are inapplicable. American furnishes no services or facilities to the jobber defendants. American pays no money as compensation for services or facilities furnished by the jobber defendants. Empire's claim under § 2(e) that the giving of the discount is a service is specious, as is its contention under § 2(d) that the discount represents a payment for services -- the services being maintenance of an inventory, warehousing, etc., as alleged by the defendants in their answers. Essentially what the defendants say is that the jobbers resell at seller's list and make their profit on the discount. This is not a service covered by §§ 2(d) and 2(e), the promotion allowance sections.
Since on the agreed statement of facts there is no violation of §§ 2(c), (d) and (e) defendants' motion for summary judgment is granted and plaintiff's motion denied.
These are orders. No settlements are necessary.
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Model T Roadster Wind Wing Brackets
Click image to enlarge
Please note the following about this product:
- This item is sold as a pair.
- This product is discontinued.
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What's in the Box
These wind wing brackets fit all Model T Roadsters using round tubing windshield frames. Mounts wind wing closer to car. With template and instructions. Straight style. Chrome. Lexan wind wings sold separately.
916-56942 Instructions (pdf)
NOTE: Catalog #278 has a price misprint on this item.
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Can you tell me the clamping diameter of the wind wings thanks
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text:
BATON ROUGE — Dominant defense won LSU national titles twice in the past decade.
That wasn't expected to be the case this season — not with defensive coordinator John Chavis fitting new starters into seven spots. Yet even as No. 15 LSU's offense struggles to find its rhythm, the Tigers' youthful defense is making big plays to win games and racking up a slew of sacks, with 10 already.
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"He's been more aggressive than he was last year. He told us that in spring and he's definitely backing up his word right now," Peterson said of Chavis, a longtime Tennessee defensive coordinator who is now in his second year at LSU. "He's mixing it up a little bit. Most of the time it is the front four. Those guys are so dominant and so fast."
LSU arguably has undersized defensive ends including starter Sam Montgomery (6-4, 245) and regular reserve Barkevious Mingo (6-5, 237). Yet the two redshirt freshman are quick and powerful, having combined for three sacks and 4� tackles for losses.
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LSU has also been pleased by the performance of new starting linebacker Ryan Baker, a sophomore who broke his jaw in August practice. His jaw was wired shut until early last week, but he came back with a sack and three tackles for losses against Vanderbilt.
"We knew the standards that came with playing in coach Chavis' defense ... and we wanted to come out and show the world that we are still here and that we will play defense at LSU," Baker said. "Our defense thrives on being young. And because of that, everyone wants to make plays."
AP Sports Writer David Brandt in Jackson, Miss., contributed to this report.
LSU's defense thriving on youth movement
BATON ROUGE — Dominant defense won LSU national titles twice in the past decade.


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In an SAP R/3 implementation the data from legacy system (non SAP R/3) needs to be transferred to the SAP system. Periodic data transfer between R/3 and other system (interfacing) is also required. Both of the above form a part of data migration. In SAP, known tools for data migration are: BDC (Batch Data Communication) […]
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Jesuits Magazine FW 2016
Jesuits Magazine FW 2016
About Us
What We Do
Ignatian Spirituality
Become a Jesuit
Jesuits Worldwide
Support Us
Red Cloud High School Teams with Georgetown Prep and Georgetown University, Advocating to Reroute the Dakota Access Pipeline
December 6, 2016 — The students were in Washington, DC, for the Ignatian Family Teach-In.
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In Interview with America Magazine, Superior General Says Jesuits Can Be Models of Reconciliation
December 4, 2016 — Father Arturo Sosa, SJ, sat down for an interview with Fr. Matt Malone, SJ.
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U.S. Jesuit College and University Presidents Release Statement on Undocumented Students
November 30, 2016 — Today, 27 Jesuit college and university presidents released a statement reaffirming their support for undocumented students.
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Pope Francis Center Launches Nutritious Food Program with UAW-Ford and UAW-GM Grant
November 29, 2016 — A $320,000 grant from UAW-Ford and UAW-GM will help the Pope Francis Center expand its service to Detroit's homeless population.
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Fr. Peter-Hans Kolvenbach, SJ, 29th Superior General of the Society of Jesus, Passes Away
November 26, 2016 — Jesuit Fr. Peter-Hans Kolvenbach, 29th Superior General of the Society of Jesus, died in Beirut today.
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Jesuit Honored as Founding Member of First European Chapter of Alpha Sigma Nu
November 25, 2016 — Fr. Daniel Hendrickson, SJ, was in Spain for the installation of the first European chapter of the Jesuit honor society.
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Jesuits Summer 2016
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In Memoriam
Fr. John E. Bernbrock, SJ
November 11, 2016 — Let us pray in thanksgiving for the life of Fr. John E. Bernbrock, SJ, who died on Friday, November 11, 2016. He was 89 years old. May he rest in peace.
In Memoriam: Br. John J. Sebian, SJ
November 3, 2016 — Let us pray in thanksgiving for the life of Br. John J. Sebian, SJ, who died on Monday, October 31, 2016. He was 90 years old. May he rest in peace.
In Memoriam: Br. Bernard L. Polinak, SJ
October 21, 2016 — Let us pray in thanksgiving for the life of Br. Bernard L. Polinak, SJ, who died on Thursday, October 20, 2016. He was 94 years old. May he rest in peace.
Feature Content
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Ordination of Fr. Vincent Strand, SJ
Highlights of the Ordination to the priesthood of Vincent Strand, SJ, Saturday, June 4, 2016, at Church of the Gesu in Milwaukee, Wis.
What are Jesuit Vows?
What do you think of when you hear "vows"? Chances are it's not promises to a life of poverty, chastity, and obedience.
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There are 66 Jesuit parishes and 22 retreat centers in the United States. Jesuit parishes are situated in inner cities, suburbs, rural outposts and on college campuses and Native American reservations. Jesuit retreat centers can be found in places ranging from New England's rocky coast to the foothills of the Rockies and the rustic trails of Santa Clara Valley. They are part of urban landscapes, too.
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Manresa Jesuit Retreat House, located north of Detroit in Bloomfield Hills, Mich., offers retreatants a respite from the city on its 37–acre campus with almost 50,000 trees.
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Man Walking Beach Turnagain Arm Alaska
Man hikes along Turnagain Arm
Alaska. Turnagain Arm. Hiker walking on the beach with Kenai Mountains beyond. MR
Bald Eagle Habitat Picture Southeast Alaska
A spruce forest is a popular habitat for bald eagles of Southeast Alaska, USA.
Alaska, Southeast, Bald eagles perch in a large spruce tree in the forest which is their natural...
Curved Highway
The Road less Traveled
Alaska. Seward Highway along Kenai Peninsula.
Beautiful Alaska Road
Driving on the Kenai Peninsular
Alaska. Kenai Peninsula. Turnagain Pass. Looking down the Seward Highway towards Twenty - Mile...
Craggy Coastline
Aleutians in Summer
Alaska. Akutan Island coastline in summer. Aleutian islands.
Picea Glauca
White Spruce Needles with Dew
Alaska. Glacier Bay National Park. Rain drops on white Spruce (Picea Glauca) needles.
Dutch Harbor church and shoreline
Alaska. Eastern Aleutian Islands, Unalaska Island, old Russian Orthodox church near Dutch Harbor....
Echinopanax Horridum
Traditional Medicinal Plant
Alaska. Seward. Kenai Peninsula. Backlit Devils Club green leaves(Echinopanax horridum), blue sky.
Fiddlehead Ferns
Unfurling in Springtime ferns
Alaska. Denali State Park, Troublesome Creek. Fiddlehead ferns unfurl in spring.
Denali State Park
Upper Troublesome Creek Flora
Alaska. Denali SP. Troublesome Creek. Fiddlehead ferns unfurl in spring.
Path In Woods
Forest Path
Alaska. Sitka. Sitka National Historical Park. Hiking trail.
Heracleum Lanatum
A much maligned plant
Washington. Skagit County, Cow parsnip (Heracleum lanatum).
Temperate Rainforest
Tongass National Forest
Alaska. Southeast scenic. Tongass National Forest, W.Brothers Island. Temperate Rainforest interior...
Strawberries In Bloom
wild strawberry blossoms
Alaska, Glacier Bay NP, wild strawberry blossoms (Fragaria chilensis)
Gorgeous Scenery
Man views gorgeous scenery in Alaska
Alaska. Portage. Viewing Portage Lake and glacier on summer day. Fireweed (epilobium angustifolium)...
Summer Driving Alaska
Beautiful summer day driving Alaska
Alaska. Kenai Peninsula. The Seward Highway at Canyon Creek.
Green Mud
Colorful Turnagain Arm Mud
Alaska. Turnagain Arm mud flats with Entermorpha algae growth in summer.
Lupine Leaves
Bartlett Cove Dew on Nootka Lupine
Alaska. Glacier Bay NP., Bartlett Cove Dew on Nootka Lupine (L. nootkatensis)
Catkins Salix Sp
willow leaves and catkins (Salix sp.)
Alaska, Glacier Bay National Park., Hugh Miller Inlet, willow leaves and catkins (Salix sp.)
Sailors Lost At Sea
Memorial to Seafarers
Alaska. Eastern Aleutian Islands. Unalaska Island, Dutch Harbor, memorial to lost mariners.
Rye Grass Water
Droplets on blade of grass
Alaska, Glacier Bay NP, Hugh Miller Inlet, water droplets (from a recent rain) on rye grass.
Providence Hospital In Anchorage
Frst class medical facility in Anchorage
Alaska. Anchorage. Aerial of Providence Hospital in mid-town.
Quaint Tram
Visitors ride aerial tramway in Ketchikan
Alaska. Ketchikan. Tramway at Cape Fox Hill.
Baby Bears In Grass
Three Little Bears
Alaska. Brown Bear (Ursus arctos) Three cubs huddle togther for safety while mother is gone.
Frosty Spruce Skeleton
Frosty Spruce tree skeleton in winter mist
Alaska. Frosty Spruce (Picea glauca) skeleton in winter mist.
Arboreal Pattern
Photo created by zooming in on jungle vegetation
Hawaii. Big Island. Tropical vegetation near Hilo.
Fireweed Portage And Man
Man with Fireweed In the Chugach National Forest
Alaska. Portage. Viewing Portage Lake and glacier on summer day. Fireweed (epilobium angustifolium)...
Kenai Lake Scenery
Mountain Reflection in Lake
Alaska. Seward Highway. Kenai Penninsula. Chugach NF, Summer landscape reflected in a lake
Riverside Hike
Washington State Scenery
Washington. Mt Baker National Forest. Buck Creek with moss and maples.
Newborn Moose
Baby Moose calf
Alaska. Seward. Kenai Peninsula. Spring Moose (Alces gigas) calf standing near spruce trees.
Subtemperate Rainforest Trail
trail in Sitka's Spruce Forest
Alaska. Sitka. A trail through Sitka spruce (Picea sitchensis).
Kenai Peninsula
Homer area scenery
Alaska. Snowy Kenai Mountains over rolling green meadows near Homer.
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text:
Fastest dinner in Sweden
Invitation to the fastest dinner in Sweden
Highest Rated
not new but should be effective
~ Quite obviously, I have gathered no moss ! ~
This is pretty clever direct marketing. The "fastest" dinner in Sweden obviously connects to the Rally theme. Anytime you can break through the clutter of your target's mail, mostly junk, you win.
Is it really mailed or just left on people's doorsteps and in their mailboxes?
It's a decent idea, but I have serious doubts it would make it through the Post system.
i have serious problems abt this direct mail or i haven't got the idea.
bite me
looks good, but what's the point?
=== Looking for concept/art creative to form a team to work in independent advertising projects. ===
Alexandre Brito
Personal Page | Blog | Vlog:Video | Plog:Print | Twitter | Facebook
Are you sure you've ended up in the right forum? Fast food box + fast cars out in the woods = crystal clear point. Damn.
not new but should be effective
~ Quite obviously, I have gathered no moss ! ~
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