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March 13, 2012
S&A FUTURES, LLC -- SERIES 2 AND KURT KRUEGER, PLAINTIFFS,v.SYSCO CHICAGO, INC., REAL SAUSAGE CORP., L&P PROVISIONS, INC., AND MAKOWSKI REAL SAUSAGE, INC., DEFENDANTS.
S&A Futures, LLC and Kurt Krueger have sued Sysco Chicago, Inc., Real Sausage Corp., L&P Provisions, Inc., and Makowski Real Sausage, Inc., for unfair competition and related claims under the Lanham Act and Illinois state law. L&P has moved to dismiss all of plaintiffs' claims against it, and Sysco has moved to dismiss plaintiffs' complaint in part. For the reasons stated below, the Court grants both motions in part and denies them in part.
The Court accepts the allegations in plaintiffs' complaint as true for the purpose of resolving the motions to dismiss. See Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009).
The Krueger family has manufactured sausages for nearly one hundred years.
From 1915 until May 1997, they did so under the name "Krueger Sausage Company, Inc.," and they identified their products with what they refer to as the "Krueger sausage marks" and a corresponding logo. Kurt Krueger was the president of the Krueger Sausage Company.
In May 1997, Krueger sold his right, title and interest in and to the corporation and the Krueger sausage marks to Abbyland Illinois, Inc. For the next nine years, Abbyland sold meat products using the Krueger sausage marks. During this time, Abbyland authorized Real Sausage and L&P to manufacture meat products and packing material with the Krueger sausage marks and to allow the products' sale by dealers including Sysco.
On May 12, 2006, Abbyland sold back to Krueger its right, title and interest in and to the company's assets, including the right to use the sausage marks. Krueger later transferred these assets to S&A, a limited liability company of which he is the sole member.
On May 31, 2006, Krueger's attorney sent letters to Real Sausage and L&P, stating:
It is my understanding that up to this point, you have been distributing Krueger Sausage on behalf of Abbeyland [sic]. That relationship has now ended. Please forward all recipes, materials, vendor names and customers to Kurt Krueger, immediately . . .
Failure to comply with the above within 24 hours will result in immediate response. As you are aware, any delay can have grave consequences with respect to customer appreciation and, therefore, any delay will have to be regarded as an intentional act, the damages for which will be sought immediately. Any delay and I have been authorized to and must present a petition for a restraining order from the court for relief.
Compl. Ex. D.
At some point in July 2010, Krueger became aware of a pair of invoices showing that two Chicago restaurants had purchased an item called "Krueger Bratwurst" from Sysco. Later that month, Krueger met with a Sysco representative and asked him verbally and in writing to "cease and desist selling bratwurst under the name of 'Krueger Bratwurst.'" Id. ¶ 92. The letter he wrote stated:
It has recently come to my attention, and I have confirmed that Sysco has been selling a bratwurst under the name of Krueger Bratwurst that was manufactured by Real Sausage Company and distributed by L&P Provisions, both of whom were served letters in 2006 to cease both production and distribution of the Krueger Bratwurst. While it is unfortunate that they have ignored the letter, the situation can be easily remedied by your discontinuing your purchases from L&P and or Real Sausage Company and continuing your purchase of Krueger's Bratwurst through the current authorized manufacturer, New Packing Co. . . . I would appreciate if you could provide me with any information regarding sales of Krueger Bratwurst products from at least May 31, 2006.
Id. Ex. H.
On September 21, 2011, plaintiffs filed this lawsuit in the Circuit Court of Cook County. Defendants removed the case to federal court on October 26, 2011.
Defendants*fn1 have moved to dismiss plaintiffs' complaint for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). "When analyzing the sufficiency of a complaint, [the Court] construe[s] it in the light most favorable to the nonmoving party, accept[s] well-pleaded facts as true, and draw[s] all inferences in the nonmoving party's favor." Fednav Int'l Ltd. v. Cont'l Ins. Co., 624 F.3d 834, 837 (7th Cir. 2010). Plaintiffs have "stated a claim only if [they have] alleged enough facts to render the claim facially plausible, not just conceivable." Id. "[L]egal conclusions and conclusory allegations merely reciting the elements of the claim are not entitled to [the] presumption" of truth." Virnich v. Vorwald, 664 F.3d 206, 212 (7th Cir. 2011).
Plaintiffs make fifteen claims against defendants: (1) plaintiffs are entitled to a declaratory judgment of trademark ownership; (2) defendants violated the Lanham Act by infringing plaintiffs' trademark rights; (3) defendants violated the Lanham Act through false designation of origin; (4) defendants violated the Lanham Act through false advertising; (5) defendants violated the Lanham Act through unfair competition; (6) defendants infringed plaintiffs' trademark rights under Illinois common law; (7) defendants violated common-law principles of fair competition; (8) defendants violated the Lanham Act through trademark dilution; (9) defendants violated the Illinois Consumer Fraud and Deceptive Business Practices Act; (10) defendants violated the Illinois Uniform Deceptive Trade Practices Act; (11) defendants violated the Illinois Trademark Registration and Protection Act; (12) plaintiffs are entitled to an accounting; (13) defendants engaged in a civil conspiracy; (14) defendants have unlawfully converted plaintiffs' property; and (15) defendants have been unjustly enriched.
In their response to defendants' motion to dismiss, plaintiffs ask the Court to dismiss count two against all defendants and to dismiss count fourteen against Sysco. They ask the Court to dismiss counts three, four, and five with leave to replead them as a single count. Finally, they seek leave to amend counts one and eight and replead them under different statutes. Defendants do not oppose these requests, and the Court therefore grants them, with the exception of count one.
A. L&P's timeliness arguments
L&P contends that counts one through eight and eleven of plaintiffs' complaint should be dismissed under the doctrine of laches and that counts nine, ten, and twelve through fifteen are barred by the applicable statutes of limitations. Laches and limitations are affirmative defenses, and "a plaintiff is not required to plead facts in the complaint to anticipate and defeat affirmative defenses." Indep. Trust. Corp. v. Stewart Info. Servs. Corp., 665 F.3d 930, 935 (7th Cir. 2012). "But when a plaintiff's complaint nonetheless sets out all of the elements of an affirmative defense, dismissal under Rule 12(b)(6) is appropriate." Id. L&P argue that plaintiffs' allegation that they sent L&P a cease & desist letter in May 2006 establishes that their claims accrued then and thus that they are barred by laches or the statute of limitations.
L&P separates the complaint's claims into state-law claims that are subject to established statutes of limitations (three years for counts nine and ten; five years for counts twelve through fifteen) and the remaining "Lanham Act claims or common law trademark claims" for which "there is no specific statute of limitations." L&P's Mem. at 4.*fn2 When considering whether a Lanham Act claim is barred by laches, federal courts have used a state's "analogous limitations period as a baseline for determining whether a presumption of laches exists." Hot Wax Inc. v. Turtle Wax, Inc., 191 F.3d 813, 821 (7th Cir. 1999). Accordingly, courts have "found that the most analogous Illinois limitation period [is] the three-year-statute of limitations found in the Illinois Consumer Fraud and Deceptive Business Practices Act." Chattanooga Mfg., Inc. v. Nike, Inc., 301 F.3d 789, 793 (7th Cir. 2002); see also Monotype Imaging, Inc. v. Bitstream, Inc., No. 03 C 4349, 2005 WL 936882, at *10 n.11 (N.D. Ill. Apr. 21, 2005) (noting the "three year statute of limitations that courts often apply in analyzing laches in trademark cases").
Thus, L&P's argument is that both sets of claims are barred if they accrued in May 2006. Plaintiffs do not dispute this, at least for purposes of the present motion. Rather, they contend only that the complaint does not clearly demonstrate that their claims accrued then. The parties appear to agree that the legal standard governing when the claims accrued is effectively the same for both of the defenses.
Statutes of limitations in Illinois begin to run when "the injured party knows or should have known of his injury." City Nat'l Bank of Fla. v. Checkers, Simon & Rosner, 32 F.3d 277, 282 (7th Cir. 1994). This occurs "when the injury could have been discovered through the exercise of appropriate diligence." McWane, Inc. v. Crow Chi. Indus., Inc., 224 F.3d 582, 585 (7th Cir. 2000).
Similarly, "[f]or laches to apply in a trademark infringement case, the defendant must show that the plaintiff had knowledge of the defendant's use of an allegedly infringing mark [and] that the plaintiff inexcusably delayed in taking action with respect to the defendant's use." Chattanooga Mfg., 301 F.3d at 792-93. "Addressing the first part of the analysis, it is clear that a plaintiff must have actual or constructive notice of the defendant's activities. . . . [A] trademark owner is chargeable with information it might have received had due inquiry been made." Id. at 793 (internal quotation marks and citation omitted).
L&P maintains that plaintiffs were on notice of their claims as soon as they sent the May 31, 2006 letter. It argues that plaintiffs "at a minimum should have known of L&P's allegedly infringing conduct" as of that date based on plaintiffs' allegations in the complaint that Krueger's letter "requested that L&P cease and desist from producing or selling any Krueger products." L&P's Reply at 3 (quoting Compl. ¶ 60). Plaintiffs respond that the complaint does not show that they knew or should have known of L&P's alleged conduct in May 2006 and that "[i]n fact, the first indication of a defendant's use of an infringing mark occurred on or about July 2, 2010 when the Plaintiffs received a copy of Sysco's first invoice." Pls.' Resp. at 4.
L&P argues that "Plaintiffs contend in their Complaint that L&P has 'continuously' used the Krueger Sausage Marks since their agreement was terminated in May of 2006." L&P's Reply at 4. This misquotes the complaint. The paragraphs cited by L&P do not contain the word "continuously"; rather, plaintiffs allege that L&P, "[d]espite the termination of their agreement with Abbyland . . . continues to" use the sausage marks. Compl. ¶ 70 (emphasis added). Although this wording arguably could be subject to multiple interpretations, it is not an unambiguous allegation that L&P was using the sausage marks in a manner that Krueger could have discovered in May or June 2006 and that L&P continued to do so through July 2010. Nor is there any other affirmative statement in the complaint that L&P's misuse of the sausage marks occurred before July 2010.
If plaintiffs had clearly alleged in their complaint that L&P's misuse of the sausage marks had never ceased after its receipt of Krueger's May 2006 letter, L&P's argument might be more convincing. Krueger's letter indicated that he knew that L&P and the other defendants had at least been authorized to use the sausage marks, and a business owner in this position arguably might be expected to investigate whether the letter's recipients had complied with his request. Absent, however, a definite allegation in the complaint that there was misbehavior for Krueger to discover in May 2006 (or at any time before July 2010), the Court is not persuaded that Krueger's claims are barred as a matter of law such that they are subject to dismissal under Rule 12(b)(6). This is particularly true in light of the Seventh Circuit's admonition that "[d]ismissing a complaint as untimely at the pleading stage is an unusual step, since a complaint need not anticipate and overcome affirmative defenses, such as the statute of limitations." Cancer Found., Inc. v. Cerberus Capital Mgmt., LP, 559 F.3d 671, 674 (7th Cir. 2009).
For these reasons, the Court denies L&P's motion to dismiss the claims against it on timeliness grounds.
B. Count one -- declaratory judgment
In count one of their complaint, plaintiffs allege that "[i]t is the Defendants' position that the Plaintiffs do not have a valid and enforceable right in and to the Krueger Assets." Compl. ¶ 146. They seek a declaratory judgment "finding that Plaintiffs have a valid and enforceable common law trademark right in and to the Krueger Sausage Marks." Id. ¶ 151A. Sysco asks the Court to dismiss count one because plaintiffs "fail to point to any facts that demonstrate the existence of a dispute with respect to Plaintiffs' ownership of rights in the Krueger marks sufficient to justify a declaratory judgment action" and the claim therefore "seeks an impermissible advisory opinion. Sysco's Reply at 4. Sysco also contends that the claim is duplicative of plaintiffs' other trademark claims.
"[I]t is well established that the 'case or controversy' requirement applies to declaratory judgments, just as it applies to every other kind of litigation in federal court." St. John's United Church of Christ v. City of Chicago, 502 F.3d 616, 628 (7th Cir. 2007). "The question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment." MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 127 (2007) (internal quotation marks and citation omitted).
In support of its contention that plaintiffs are requesting an advisory opinion, Sysco cites Arcadia Group Brands Ltd. v. Studio Moderna, SA, No. 10 C 7790, 2011 WL 3584469 (N.D. Ill. Aug. 15, 2011). In that case, the plaintiff claimed that the defendant had infringed its trademark by selling a brand with a similar name. The defendant asserted a counterclaim for declaratory relief, stating in its complaint that it was "entitled to a declaratory judgment that it is the senior user of its . . . mark and has therefore not infringed" on the plaintiff's mark. Id. at *4. Although the defendant later stated in its brief that it was "merely seeking a declaration that it ha[d] not infringed upon [the plaintiff's] alleged trademarks," the court concluded that the terms of the complaint controlled. Id. The court granted the plaintiff's motion to dismiss the claim because the plaintiff "ha[d] never contended that it ha[d] any interest in the [defendant's] mark and [defendant was] thus seeking an advisory opinion where no dispute exists." Id.
The Court finds the reasoning of this case persuasive, and plaintiffs do not specifically attempt to distinguish it. Instead, they respond that "it has not been determined that 'no dispute exists'" because defendants stated in their Joint Rule 26(f) report that they "expect to take discovery with respect to . . . Plaintiffs' claim of rights in the mark KRUEGER." Pls.' Resp. at 8. This statement does not appear to represent a contention that plaintiffs do not have a valid claim of rights in their trademark -- particularly in light of Sysco's later declaration that it "has never contended that it owns or otherwise has any interest in the Krueger Sausage Marks or the Krueger Assets." Sysco's Reply at 3.
Even if Sysco were challenging plaintiffs' ownership rights, the Court is persuaded that plaintiffs' request for a declaratory judgment on the subject "fails to add anything that will not be decided by the other pending counts." See Vulcan Golf, LLC v. Google Inc., 552 F. Supp. 2d 752, 778 (N.D. Ill. 2008). For the plaintiffs to prevail on their various claims under the Lanham Act and Illinois trademark law, they necessarily must prove that they have the right to protect the marks at issue. A claim for a declaratory judgment adds nothing of substance.
Because count one adds nothing to the case, the Court dismisses it as to all defendants.
C. Count eleven -- dilution under Illinois law
In count eleven of their complaint, plaintiffs seek relief under the anti-dilution provision of the Illinois Trademark Registration and Protection Act, which states that the "owner of a mark which is famous in this State shall be entitled . . . to an injunction against another person's commercial use of a mark or tradename, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark." 765 ILCS 1036/65(a).
Defendants argue for dismissal on the ground that "the protection of the Illinois Anti-Dilution statute is not available to competitors under Illinois case law." AHP Subsidiary Holding Co. v. Stuart Hale Co., 1 F.3d 611, 619 (7th Cir. 1993). They contend that allegations such as the following establish that the parties are competitors:
Purchasers are likely to purchase goods of L&P, believing those goods or services are affiliated with S&A, thereby resulting in a loss of sales by S&A. Compl. ¶ 76.
Purchasers are likely to purchase goods of Sysco, believing those goods or services are affiliated with S&A, thereby resulting in a loss of sales by S&A. Id. ¶ 100.
The Defendants, on information and belief, have been and are improperly exploiting the fame and goodwill inherent in the Krueger Sausage Marks to find and divert potential customers away from the Plaintiffs in the hope to sell such customers their own competing products.
Id. ¶ 210.
Had the consuming public known the truth about the Defendants' deceptive practices, on information and belief, the consuming public would not have purchased the Defendants' meat and food products or in the alternative would have sought the Plaintiffs' meat and food products.
Id. ¶ 255.
In response, plaintiffs argue only that "[t]o date, it has not been determined that the Plaintiffs and the Defendants are in fact competitors" and that "it is premature to resolve this issue." Pls.' Resp. at 9-10. In support, they cite Whitley v. Frazier, 21 Ill. 2d 292, 294, 171 N.E.2d 644, 646 (1961) ("It is clear that an allegation made on information and belief is not equivalent to an allegation of relevant fact."). Their argument appears to be that because they made some of their allegations on information and belief, the Court may not rely on those allegations to determine whether plaintiffs have pleaded themselves out of Court. The case they cite, however, stands for no such thing: the Illinois Supreme Court in Whitley examined a complaint with a substantial number of allegations made on information and belief for "its sufficiency for purposes of subsequent amendment." Id. at 295, 171 N.E.2d at 646. The court concluded that the complaint was sufficient to permit subsequent amendment, noting that "in these questions of practice the court should look to the essence of the allegations rather than to their form; and that insofar as present purposes are concerned the information-and-belief recitation may be treated as a matter of form only." Id.*fn3
Plaintiffs provide no other support for their view that the Court may not consider allegations made on information and belief. The Court does not believe that the nature of such allegations -- which involve a plaintiff "representing that he has a good-faith reason for believing what he is saying, but acknowledging that his allegations are based on secondhand information that he believes to be true" -- provides support for plaintiffs' characterization. Pirelli Armstrong Tire Corp. Retiree Med. Benefits Corp. v. Walgreen Co., 631 F.3d 436, 442 (7th Cir. 2011) (internal quotation marks and citations omitted). The Court therefore turns to the question of whether, in light of all of the allegations in the complaint, plaintiffs have in fact alleged that defendants are their competitors.
Although Illinois law does not define "competitors" for purposes of the anti-dilution statute, courts considering the question have found it sufficient that parties are engaged in the same kind of business in the same area. See, e.g., EZ Loader Boat Trailers, Inc. v. Cox Trailers, Inc., 746 F.2d 375, 376 (7th Cir. 1984) ("Both parties to this appeal manufacture boat trailers); Jake Flowers, Inc. v. Kaiser, No. 01 C 4247, 2002 WL 31906688, at *11 n.16 (N.D. Ill Dec. 31, 2002) ("From the tenor of the pleadings, however, it is clear that the parties view one another as competitors in the broader fast food marketplace."); FASA Corp. v. Playmates Toys, Inc., 869 F. Supp. 1334, 1358 (N.D. Ill. 1994) ("[T]here can be no serious question [as to whether the parties compete] for market share in the area of futuristic toy products. This lawsuit arises directly out of [plaintiff's] efforts . . . to produce a toy line of futuristic robot-like models and Playmates' production of a competing line of toys."). This accords with the word's definition under the federal trademark statute. See New.Net, Inc. v. Lavasoft, 356 F. Supp. 2d 1090, 1116 (C.D. Cal. 2004) ("For purposes of the Lanham Act, competitors are persons endeavoring to do the same thing and each offering to perform the act, furnish the merchandise, or render the services better or cheaper than his rival. They are parties vying for the same dollars from the same consumer group.") (internal quotation marks and citations omitted).
Plaintiffs' allegations quite clearly reflect that the parties compete for market share regarding similar products. The fact that both sides are engaged the same type of business is apparent from plaintiffs' allegation that defendants sold plaintiffs' products when they had the opportunity to do so. Moreover, even if it were not enough that plaintiffs squarely allege that defendants currently sell "competing products," plaintiffs' allegations that "the Defendants' meat and food products" might be seen as an "alternative [to] the Plaintiffs' meat and food products" clearly indicate the competitive nature of the two sides' businesses. Compl. ¶¶ 210, 255. Plaintiffs' claim is therefore barred under Illinois law. AHP, 1 F.3d at 619.
D. Count twelve -- accounting
To state a claim for the equitable relief of an accounting, plaintiffs must allege the absence of an adequate remedy law and at least one of: "(1) a breach of a fiduciary relationship, (2) a need for discovery, (3) fraud, or (4) the existence of mutual accounts which are of a complex nature." Kempner v. Mobile Elecs., Inc., v. Sw. Bell Mobile Sys., 428 F.3d 706, 715 (7th Cir. 2005). Plaintiffs state in their complaint that they "have suffered damages, severe and irreparable harm to their trade reputation and goodwill, and have no adequate remedy at law." Compl. ¶ 244. They also state that they are "in need of and are entitled to conduct written and oral discovery in order to determine the Plaintiffs [sic] financial and legal position relevant to the rights and responsibilities of the Defendants." Id. ¶ 243.
Sysco argues that "[a]n accounting claim is improper without a specific, recognized factual predicate." Glovaroma, Inc. v. Maljack Prods., Inc., 71 F. Supp. 2d 846, 857 (N.D. Ill. 1999). It contends that plaintiffs' allegations simply recite the legal elements of their claim and fail to provide a specific factual basis for the need for an accounting. See Sefton v. Toyota Motor Sales U.S.A., No. 09 C 3787, 2010 WL 1506709, at *6 (N.D. Ill Apr. 14, 2010) ("Plaintiff responds by reference to her complaint, which states, in an entirely conclusory manner, that she has no adequate remedy at law. Merely reciting the elements of a claim is not sufficient to survive a motion to dismiss."). Sysco also contends that discovery, which has yet to take place in this case, will be an adequate mechanism through which to facilitate the exchange of information. See Cole-Haddon, Ltd. v. Drew Philips Corp., 454 F. Supp. 2d 772, 778 (N.D. Ill. 2006) (dismissing action for accounting and noting that "complete financial information and business records will be provided during discovery, and this information is not essential at this stage of the proceedings"). The Court agrees. Plaintiffs' conclusory allegations do not reflect either the required absence of a remedy at law or the accompanying need for discovery.
E. Count thirteen -- civil conspiracy
In count thirteen of their complaint, a claim of civil conspiracy, plaintiffs allege the following:
Sysco, Real and L&P, on information and belief, agreed to manufacture, package, market and sell meat and food products bearing or that would ultimately bear Krueger Sausage Marks so as to benefit from the Plaintiffs' Krueger Sausage Marks fame and goodwill.
Sysco, Real and L&P, on information and belief, acting in concert and in furtherance of their agreement to defraud consumers placed Krueger Sausage Marks on the Defendants' meat and food products.
Sysco, Real and L&P, on information and belief, manufactured and sold meat and food products bearing or that would ultimately bear Krueger Sausage Marks so as to benefit from the Plaintiffs' Krueger Sausage Marks fame and goodwill.
Compl. ¶¶ 246-48.
Defendants argue that these allegations are conclusory and fail to state facts sufficient to assert a plausible claim of conspiracy. In response, plaintiffs cite a 2003 Seventh Circuit case stating that "[i]t is enough in pleading a conspiracy merely to indicate the parties, general purpose, and approximate date, so that the defendant has notice of what he is charged with." Hoskins v. Poelstra, 320 F.3d 761, 764 (7th Cir. 2003). As defendants point out, however, Hoskins predates the Supreme Court's more recent revision of federal pleading standards. In Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 548 (2007), the Court affirmed the dismissal of a complaint alleging "certain parallel conduct . . . absent some factual context suggesting agreement, as distinct from identical, independent action." The Court stated that "an allegation of parallel conduct and a bare assertion of conspiracy will not suffice." Id. at 556. The Seventh Circuit has subsequently confirmed that a claim should be dismissed when a complaint "is bereft of any suggestion, beyond a bare conclusion, that the . . . defendants were leagued in a conspiracy." Cooney v. Rossiter, 583 F.3d 967, 971 (7th Cir. 2009).
Although plaintiffs' complaint in this case references a purpose and an activity for the alleged conspiracy, it includes nothing about the alleged conspiracy among the defendants beyond the conclusory statements that defendants "agreed" and "act[ed] in concert." Compl. ¶¶ 246-47. This "conclusory allegation of agreement at some unidentified point does not supply facts adequate to show illegality." Twombly, 550 U.S. at 557.
F. Count fifteen -- unjust enrichment
In count fifteen, plaintiffs allege that defendants "have diverted sales from the Plaintiffs and, as such, have been unjustly enriched." Pls.' Resp. at 13. Sysco seeks dismissal of this claim against it on the ground that it is "impermissibly duplicative of remedies available under the substantive unfair competition counts." Sysco's Mem. at 11. "[C]courts have the authority to dismiss duplicative claims if they allege the same facts and the same injury." FDIC v. Saphir, No. 10 C 7009, 2011 WL 3876918, at *9 (N.D. Ill. Sept. 1, 2011).
Plaintiffs allege in count fifteen that defendants "had access to confidential customer lists and a spice block . . . soon after Abbyland Illinois, Inc. purchased the Krueger Assets." Compl. ¶ 267. They claim that defendants "wrongfully misappropriated this Confidential Information" and have used it "to manufacture, package and sell meat and food products that not only employ Krueger's spice block but also Krueger's Krueger Sausage Marks." Id. ¶¶ 271-72. Finally, they allege that defendants have used the information "to improve their business position by contacting and soliciting customers without compensation." Id. ¶ 276.
Although both this claim and plaintiffs' unfair competition claims generally concern defendants' alleged sale of products using the Krueger name, plaintiffs do not allege elsewhere in the complaint the specific facts referenced in count fifteen -- that defendants misappropriated confidential information and used it for a business advantage. The Court concludes that count fifteen does not necessarily involve the same facts and injury as plaintiffs' purely trademark-based counts and thus that it is not impermissibly duplicative of those claims.
For the reasons stated above, the Court grants defendants' motions to dismiss [docket nos. 27, 30] in part and denies them in part. Count one is dismissed as to all defendants. Counts three, four, five, eight, and thirteen are dismissed without prejudice. Counts two and eleven are dismissed with prejudice as to defendants Sysco and L&R. Counts twelve and fourteen are dismissed with prejudice as to Sysco only. The Court otherwise denies defendants' motions. Plaintiffs are granted leave to file an amended complaint by no later than March 27, 2012. The case remains set for a telephone status hearing on March 21, 2012 at 9:00 a.m.
MATTHEW F. KENNELLY United States District Judge
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Getting you more information on this room
Nice place in specify neigberhood. Good for business visit by Rho Fiera exhibitions - only 1 station with train. Train station its 10 minutes walk from hotel. Friendly staff and good service. Personaly i was suprised by warm welcome. Room was nice and clean. Problem was with scratches on bath, a broken door stop and outflow of water from the...
Dear Johny,
thank you for rating your 4 star experience with us. We are glad to know that you enjoyed your stay here.
We look forward to welcoming you again.
Best regards,
Massimo Supino
General Manager
Lovely hotel. We were here staying from the 12th to the 14th of November and upon arrival laura was very helpful and very welcoming. She upgraded us to a suite which was lovely as it was our anniversary and my partners birthday. We can't complain about anything apart from us not booking a third night with the radisson Instead of...
Dear Guest,
thank you so much for your feed-back. Reviews like this make it all worthwhile.
We're so pleased you had a great stay and we are certainly looking forward to welcoming you back!
Best regards,
Massimo Supino
General Manager
We stayed at the hotel for two nights I must say the hotel is top class we arrived we were upgraded they go out of the way to help you in anyway they can they also wrote me a card to say happy birthday witch was nice of them not had to get to or from as the number 12...
Dear Terence,
Thank you very much for taking the time to share your positive feedback from your recent stay with us.
The team and I are very happy that you enjoyed your time at Radisson Blu Milan.
We are certainly looking forward to welcoming you back to our hotel in the near future!
Kind regards,
Massimo Supino
General Manager
We arrived late on the 25th and after a short wait at reception we were efficiently checked in and made to feel welcome.
We mainly dealt with the evening reception staff and found that they were welcoming, eager to help and knowledgable.
Our room was fabulous - lots of space and storage with a huge comfortable bed. We stayed for...
Dear Guest,
thank you for rating your experience with us. We are glad to know that you enjoyed your stay here. Please do not hesitate to contact our staff for any issue in the future. You do not absolutely trouble us. We will be more than glad to take care of you.
We look forward to welcoming you again.
Spacious business room with large bathroom. The bed was comfortable and a Nespresso machine is a bonus. Breakfast was excellent and the staff was super friendly - thank you Laura. I loved the fact that sauna and pool is open from 6am till 11pm.
Located near highway and Fiera di Milano so it is excellent choice for those traveling by...
Dear Guest,
Thank you for taking the time to write about your stay at the Radisson BLU Hotel Milan.
Reviews like this make it all worthwhile. I am so pleased you had a great stay and really hope to see you again in the near future.
Best regards,
Massimo Supino
General Manager
I had booked a trip to Milan as a surprise for my husband who was turning 30, but also to celebrate our 1 year wedding anniversary (oh, and as a mini honeymoon as we didn't get to celebrate). And having stopped at the Radisson Blu in the UK on our legal wedding night (in the Presidential Suite), I felt comfortable...
Dear Charley,
Thank you very much for choosing our hotel and of course for your extremely sincere review.
Please let me inform you that our hotel is not a luxury rather a business hotel. I am sorry that your expectations have not been met. Kindly note that on our website you can find out which services we offer and which...
I was on a weekend break with 5 of my friends
I loved this hotel because of the staff , they were extremely helpful and did everything to make our stay enjoyable.Eventhough the hotel was not in town , there was a tram service outside the hotel so getting to town was easy .
The university of milan was not...
Dear Guest,
thank you so much for your feed-back. Reviews like this make it all worthwhile.
We're so pleased you had a great stay and really hope to see you again in the near future.
Best regards,
Massimo Supino
General Manager
Hello, i would just like to know is it cheaper to hire a car or travel around the city of milan by train.
How far the hotel location to Duomo ?
how far is the train station? eg to go to milan catheral /Duomo?
Can you buy a day pass for the fitness center if you aren't staying at the hotel?
How far is it to the San Siro Stadium from the hotel?
See all questions
"Ask for a room with a view - otherwise you'll just be looking into someone else's home."
"Bathrooms are large"
"ask for a non smoking floor, if possible"
"If possible, avoid the peak seasons in Milan, to get a better price"
"Get a room with both a bath and shower because the shower head is more familiar and easy to use."


text:
Land of Enchantment Spice Mix
Total Time
Prep 5 mins
Cook 5 mins
This is a dry spice mix that is great sprinkled on meats, veggies or cheeses before cooking. Try sprinkling into a cheese sauce for a New Mexico flavor. Source: Real New Mexico Chile by Sandy Szwarc
Ingredients Nutrition
- 2 tablespoons salt
- 1 tablespoon green chili powder
- 2 teaspoons new mexico chile powder
- 1 teaspoon ground cumin
- 1 1⁄2 teaspoons dried oregano
- 1⁄2 teaspoon caribe chile pepper
- 2 teaspoons granulated garlic
- 2 teaspoons granulated onion
- In a small bowl, combine all ingredients, stir to blend.
- Pour blended mixture into small jar with tight fighting lid.


text:
Check in from 12h / Check out prior to 12h
Abba Atocha Hotel: Find photos, reviews, information, amenities and compare prices for 4 stars hotels in Madrid, Spain.
Located close to Atocha Railway Station, Abba Atocha Hotel provides guests with a convenient base when visiting Madrid. It is ideally positioned for those wanting to discover the area's attractions.
Hotel description
There are a range of facilities at Abba Atocha Hotel Madrid that guests can enjoy, including internet, room service and a gym. Just a stone's throw from nearby bars and clubs, this 4-star hotel also allows guests to easily explore the local nightlife.
A satisfying breakfast is available every morning at Abba Atocha Hotel, and there are numerous restaurants and cafés nearby.
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Room Service, Restaurant
Fitness Room/Gym
High-speed Internet, Internet Connection (wireless)
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Users who viewed Abba Atocha Hotel also viewed these 4 stars Madrid hotels:
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Serrano Galvache, 4, 28033, Madri, Madrid
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Calle Delicias, 42, Madrid
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Arcipreste de Hita, 10, Madrid
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eccount banking Basic Account – Representative Example: No overdraft facility available. Open to everyone.
eccount banking is a basic bank account from one of the UKs leading prepaid card companies, Tuxedo Money Solutions. Just like any basic bank account, customers can pay in cash and cheques or have their wages and any benefits paid direct to their account. The added benefit of eccount banking is that it comes with a prepaid MasterCard, so that it can be used in over 32 million shops, restaurants and other outlets worldwide, anywhere the MasterCard Acceptance Mark is displayed. Spending and withdrawing money at ATMs in the UK is FREE and unlimited!
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Some of these types of accounts are expensive as they usually charge extra for using your card. Eccount does charge a monthly fee but no extra card fees which is a bonus. not had any problems yet.
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text:
Available from £22,835
with a £6,810 customer saving
£336 per month
£336 customer deposit
£500 deposit contribution*
4.9% APR Representative
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Personal Contract Purchase representative example
|48 Monthly Payments
|Customer Deposit
|Park's deposit contribution
|Total deposit
|Cash Price OTR
|Total amount of credit
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|49 months
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|Rate of interest (fixed)
|APR representative
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|14.9p per mile
*Deposit contribution available when purchased through Volvo Car Credit. Figures are correct at time of going to print and are subject to change without notice.All finance is subject to status and available to over 18s in the UK only (excluding the Channel Islands). Guarantees and indemnities may be required. We can arrange finance for you. If you select a Person Contract Purchase agreement you have the option at the end of the agreement to: (1) return the vehicle and not pay the Final Payment. (2) pay the Final Payment to own the vehicle or (3) part exchange the vehicle. You will not own the vehicle until all payments have been made. Advertised finance is provided by Volvo Car Credit, RH1 1SR. Whilst we have close links with Volvo Car Credit and commonly introduce customers to Volvo Car Credit we do not work exclusively with Volvo Car Credit Park's (Ayr) Limited is an Appointed Representative of Park's of Hamilton (Holdings) Limited FRN 308476, of 14 Bothwell Road, Hamilton, ML3 0AY, which is authorised and regulated by the Financial Conduct Authority, as a Credit Broker. We can introduce you to a limited number of lenders to assist with your purchase, who may remunerate us for introducing you to them. Retail customers only.
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text:
Financial stock market quotes grabber & caching class
This class allows you to grab financial stock market quotes from Yahoo finance's CSV file. This class doesn't provide a graphical interface to display the values, but returns them as an array. The big advantage is that you may include stock quotes nicely in your website (a.e in tickers), without having to use 'cheap looking' remote hosted JavaScript tickers. For high frequented sites, a cache functionality is included to prevent this script from transfering the quotes every time you access a page. It has multiple symbol support and does non-existing symbol error checking.Visit publisher site: Financial stock market quotes grabber & caching class
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Have you ever heard of Sport Stacking? It's a sport involving agility, speed and concentration. And for one area man, it literally changed his life.
Have you ever heard of Sport Stacking?
It's a sport involving agility, speed and concentration.
And for one area man.
it literally changed his life.
for 2-3 hours a day...
19-year-old Jesse Horn of Buffalo City....
practices the sport of Sport Stacking...
and over
and over.
:19 I was around 9 years old and I just saw a TV commercail
promoting the official cups called speed stacks :28
this lightning quick display ...
is a master course in hand...
eye coordination..
nats of him explaining some of the rules
I want to be the best.
At 13...
Jesse competed in his first tournament...
and won.
and he kept on winning.
:15 I went to Montreal, Canada last year for the World
Championships and I did really well there :20
He's now one of a hundred or so sport stackers
on the official Team USA...
competiting all over the world.
:09 I had a goal of being on Team USA and when I finally
got in, I was pretty excited because I knew I worked
so hard for this goal :18
while he continues to prove himself.
among the best of the best...
The odds in life haven't always been stacked in Jesse's
:35 I was diagnosed at age 3 :37
He doesn't remember much...
but he does know this...
:02 It was just really bad :04
:38 During the first few years of my autism, I was
in that stage, probably never even going to go to
school, I wasn't able to ride a school bus, I'd usually
have tantrums now and then, because I was trying to
communicate and I couldn't :58
Jesse says sport stacking changed all of that....
:38 It actually almost, I wouldn't say a cure for
it, but it actually is a tool for me for my autism
:39 I just look at sport stacking as not just a sport,
it's actually a life-changing experience for me :46
He's now sharing what sport stacking has done for
him with others....
:53 My goal is to be an ambassador for kids with autism
and disabilities, but I don't really usually call
those people with disabilities, I call them people
with abilities because they have the ability to succeed
Knowing what it's like to live life from the inside
looking out.
Jesse hopes he can help build a brighter future for
other kids with autism...
:24 You're in a dark tunnel and you have a light at
the end, you know and the kid or the child is in that
tunnel and he just keeps running or walking to that
light, but he just can't reach that light, you know
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Jesse says he's finally reached the light and as a
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Jesse is a 5 time gold medalist and competed in the
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He does demonstrations several demonstrations around
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including those for children with disabilities..
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Town Square
Paula, Michael and Margo Sirois Backyard on Beech St., E. Palo Alto, Summer of 55
Original post made by Paula S. Cornell, East Palo Alto, on Oct 7, 2007
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July 28, 2011
RICHARD JOSE DUPREE,PETITIONER,v.FEDERAL BUREAU OF INVESTIGATIONS, RESPONDENT.
ORDER SUMMARILY DENYING PETITION FOR WRIT OF HABEAS CORPUS AS FRIVOLOUS (Doc. 1)
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus under the authority of 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c)(1), Petitioner has consented to the jurisdiction of the United States Magistrate Judge. Local Rule 305(b).
Petitioner filed the instant petition for writ of habeas corpus on October 20, 2010 (Pet., ECF No. 1.) Petitioner alleges that he "has been robbed by T.V. networks via satellite for lyrics, manuscripts, clothing designs, [and] movie scripts." (Id. at 1.) Petitioner appears to allege that courts previously denied his requests to stop the media from engaging in such behavior; he asserts that if action been taken, Defendant, the Federal Bureau of Investigations ("FBI"), "would have all the information they needed to solve this case." (Id. at 4.)
As indicated below, the Court determines that Petitioner's claims are patently incredible and, thus, that this petition should be summarily denied on the merits.
Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it plainly appears from the face of the petition.that the petition is not entitled to relief." Rule 4 of the Rules Governing 2254 Cases. Summary dismissal is appropriate only where the allegations in the petition are vague or conclusory, palpably incredible, or patently frivolous or false. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990) (quoting Blackledge v. Allison, 431 U.S. 63, 75-76, 97 S. Ct. 1621, 52 L. Ed. 2d 136 (1977)). Under § 2243, it is the duty of the Court to screen out frivolous applications and to eliminate the burden that would be placed on the respondent by ordering an unnecessary answer. Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970); see Advisory Committee Notes to Rule 4 of the Rules Governing Section 2254 Cases. The Advisory Committee Notes to Rule 8 indicate that the Court may dismiss a petition for writ of habeas corpus, either on its own motion under Rule 4, pursuant to the respondent's motion to dismiss, or after an answer to the petition has been filed.
Habeas corpus petitions must meet heightened pleading requirements. McFarland v. Scott, 512 U.S. 849, 856, 114 S. Ct. 2568, 129 L. Ed. 2d 666 (1994); Hendricks, 908 F.2d at 491. The Petitioner shall set forth in summary from the facts supporting each of the grounds specified and shall state the relief requested. Rule 4 of the Rules Governing Section 2254 Cases. As mentioned above, a petition may be dismissed if the factual allegations are so palpably incredible or so patently frivolous or false as to warrant summary dismissal. Blackledge, 431 U.S. at 78. A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989). The Court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however, inartfully, pleaded, has an arguable legal and factual basis.
See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989).
Petitioner's claims are simply incredible and, even if not, would not be reviewable by habeas petition. He claims misappropriation of his artistic works by the media, and he claims that the FBI has discriminated against him by failing to investigate such crimes. Petitioner has filed several other petitions for habeas corpus alleging similar claims against members of the media and other private actors. See Dupree v. Francisco, Case No. 2:10-cv-2691-CMK (E.D. Cal. Oct. 2, 2010); Dupree v. Moonves, Case No. 2:10-cv-02899-JFM (E.D. Cal. Oct. 29, 2010); Dupree v. CBS Network, Case No. 2:10-cv-02900-WBS-GGH (E.D. Cal. Oct. 28, 2010); Dupree v. Sterling, Case No. 2:10-cv-02901-EFB (E.D. Cal. Oct. 28, 2010). Petitioner does not allege that he is in custody in violation of federal law. Instead, he complains that the FBI did not properly investigate his claims that his artistic works were misappropriated.
This Court can only entertain an application for writ of habeas corpus under 28 U.S.C. § 2254 if it is alleged that the petitioner is in state custody in violation of federal law. Petitioner has not alleged such a violation. There are no such facts alleged in this petition and those that are alleged are based on delusion. The petition is frivolous and must be dismissed. Neitzke, 490 U.S. at 327-28.
A state prisoner seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of his petition, and an appeal is only allowed in certain circumstances. Miller-El v. Cockrell, 123 S.Ct. 1029, 1039 (2003). The controlling statute in determining whether to issue a certificate of appealability is 28 U.S.C. § 2253, which provides as follows:
(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.
(d) (1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from--
(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
(B) the final order in a proceeding under section 2255.
(2) A certificate of appealability may issue under paragraph
(1) only if the applicant has made a substantial showing of the denial of a constitutional right.
(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).
If a court denies a petitioner's petition, the court may only issue a certificate of appealability "if jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El, 123 S.Ct. at 1034; Slack v. McDaniel, 529 U.S. 473, 484 (2000). While the petitioner is not required to prove the merits of his case, he must demonstrate "something more than the absence of frivolity or the existence of mere good faith on his . . . part." Miller-El, 123 S.Ct. at 1040.
In the present case, the Court finds that reasonable jurists would not find debatable or wrong the Court's determination that Petitioner is not entitled to federal habeas corpus relief, nor would they find him deserving of encouragement to proceed further. Petitioner has not made the required substantial showing of the denial of a constitutional right. Accordingly, the Court hereby DECLINES to issue a certificate of appealability.
Accordingly, IT IS HEREBY ORDERED that:
1. The Petition for Writ of Habeas Corpus is DISMISSED with prejudice;
2. All pending motions be DISMISSED as MOOT (ECF Nos. 11, 13-14.);
3. The Clerk of Court is DIRECTED to enter judgment; and
4. The Court DECLINES to issue a certificate of appealability.
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Leaving notes on a notepad is a common method to remind users to do something in time and it is of great use. Adding a notepad to WordPress dashboard is accepted by more and more webmasters who need to share instant messages with other users. This guide focuses on how to make a room for writing notes on your WP admin.
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Before everything, you should access to WordPress dashboard and search for Dashboard Notepad plugin. Note that, the search result should be like the following screenshot. Install this plugin upon activation.
Since you have this plugin activated, go to Dashboard and scroll down to the bottom of this page. Here comes a new mode called "Notepad" and that should be like the following screenshot. Move to the top right corner of this Notepad mode and click to "Configure" your notepad.
Here you come to the notepad configuration mode. That allows you to change the name of this notepad and specify the maximum lines of notes according to personal needs. There are two columns of options available for you to determine who can edit and read the notes. Check the user roles that will get a permission to leave or check something on your notepad.
If you need to showcase the latest notes on the front end, then check the option "Automatically add paragraphs when displaying the notes on the front end". Click "Submit" to confirm all settings.
And now, get started to leave a message on that newly added notepad and then "Save Notes" to make it public. To display the notepad on your website front-end, you should make use of a template tag <?php dashboard_notes(); ?> or a shortcode [dashboard_notes], and that can be inserted to any template or page as needed.
Method 2: WP Dashboard Notes
WP Dashboard Notes plugin also enables a nice user experience for you instead of bald style. The notes can be colored and that will be more eye-catching than the traditional one. And now, go to your WP admin and install WP Dashboard Notes plugin by Jeroen Sormani.
Since you have this plugin activated, go to Dashboard and click "Screen Options" on the top of this page. Here comes a new button called "Add note". Click it and scroll down to the bottom.
A mode named as "New note" is available for you to leave a note on your dashboard. Move on to that name and click the "pencil" icon. You are allowed to change the name to any other words if needed.
There are 4 options available for you to customize this note, which enable you to specify certain users to view the notes, give the note a color, switch between regular note & list note, and add as many note as needed. For example, we add three notes on the dashboard and make each one in the form of regular note. That should be like the following screenshot.
There is no save button needed and all settings are saved automatically. Besides, you can drag & drop all list items to re-rank them easily. The "Delete note" button allows you to remove any note of no use. To be honest, WP Dashboard Notes plugin allows you to share news with other users in a simple and vivid way.
Both methods selected in this guide are user-friendly and rich-featured. For reads looking for a concise way to display notes on dashboard and site front-end, the Dashboard Notepad plugin is much greater. The WP Dashboard Notes is created for users having high demand on notepad design.


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October 2016
Very n8ce. Food was delicious. Service was excellent.
September 2016
What a wonderful way to see Vancouver..... !! Easy access and delicious dinner on a fun paddle wheeler boat.... The staff and service was wonderful and they so helpful when one is not able to do many stairs... Voucher was exchanged easily and would recommend this easy way to enjoy the sights of Vancouver !!
September 2016
beautiful experience, we enjoyed this very much.
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Great cruise around the harbor and the meal was outstanding
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The ship was very relaxing, not crowded and the food was wonderful. The sunset was beautiful. we really enjoyed this excursion.
September 2016
Very good,enjoyed the company and the food,the staff were very helpful and polite
September 2016
a nice way to have dinner food was good, scenery better
August 2016
Great cruse and meal.
August 2016
Excellent cruise and the dinner was better than we expected.
August 2016
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Methazolamide 50mg (generic equivalent to Neptazane) 100 tablets
Product of Canada
Manufactured by: AA Pharma Inc
This product is offered for sale by Canada Drugs LP of Canada
This product is currently on back order.
MAY BE SPLIT May be split and taken at half the dose listed.
Neptazane and/or Equivalents warnings, side-effects and general information


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Playing: Loading...
On Air: 9:01 AM - 11:59 AM
(Image: Getty)
Shaun Marsh's availability for the first Test against South Africa next month may have been clouded by injury.
Marsh tweaked his hamstring while batting for Western Australia during the Matador Cup against Tasmania on Saturday.
The 33-year-old had reached a half century at that point and batted on to make 70 in Western Australia's successful chase before being bowled.
The batsman was seen with a bandage on his thigh after the match.
Marsh is on return from a finger injury that forced him from the Test tour of Sri Lanka.
Despite playing just the one Test on that tour out of three, Marsh was Australia's fourth-highest run scorer for the series, with scores of 130 and 23 across the solitary match.
The first Test of the summer begins in Perth on November 4.


text:
n South African Law Journal - The interplay between registered and unregistered domestic partnerships under the Draft Domestic Patnerships Bill, 2008, and the potential role of the (contextualised) putative marriage doctrine
|Article Title
|The interplay between registered and unregistered domestic partnerships under the Draft Domestic Patnerships Bill, 2008, and the potential role of the (contextualised) putative marriage doctrine
|© Publisher:
|Juta Law Publishing
|South African Law Journal
|1 University of the Free State
|Publication Date
|Jan 2011
|560 - 593
|Persistent Link
In 2008 the South African legislature published a draft Domestic Partnerships Bill aimed at regulating the position of persons who live together outside of a legal marriage or civil union. The Bill makes provision for both registered and unregistered domestic partnerships. While the former involves a formal registration procedure, the latter allows either partner to an unregistered partnership that satisfies certain threshold criteria to 'opt-in' to the protection provided by the Bill by approaching a competent court, after the termination of the union, for certain relief. This article considers the salient features of, and interplay between, the partnership options under the Bill with a view to ascertaining whether the common law putative marriage doctrine is capable of being extended in order to assist partners who are of the bona fide belief that their partnerships will be recognised and protected under the Bill, while this is in reality not the case. The conclusion is reached that while the doctrine may in principle be extended to invalid 'registered' domestic partnerships, a refusal to extend the doctrine to 'unregistered' domestic partnerships will pass constitutional muster. This notwithstanding, the doctrine as currently applied in the context of the law of marriage is in need of being developed in order to cater for polygamous civil 'marriages', and this has important implications for applying the doctrine to domestic partnerships. The article also concludes that the Bill itself requires certain amendments, and that the applicability of the putative marriage doctrine depends on whether or not these amendments are made.
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A dispute over water, a lifetime of war?
When the Indus Water Treaty was signed by Prime Minister Jawaharlal Nehru and President Ayub Khan in September 1960, President Eisenhower described it as the, "One bright spot…in a very depressing world picture." Only eight months after independence, in 1948, India had first begun diverting water from the Pakistani canal system emanating out of the Indus water system. After about a decade of conflict over water (which also saw the two countries reject a proposal for unified basin development that would have brought Pakistan and India together in many ways), it fell to the newly installed military regime in Pakistan and Jawaharlal Nehru in India ...Read Full Post
Omran, we can all play together
He looks well. Well-dressed, well-fed and well-rested, his face is not covered in the debris of a house demolished by shrapnel. He sits in peace and quiet, not against a backdrop of blood-curdling screams of humans in pain or the earth-shattering sound of rockets hitting targets. His eyes sparkle, not with tears but with hope and promise. His aura reflects confidence that comes from living in a safe home not by living under the real threat of death every day. This is Alex from Scarsdale, New York, the subject of yet another emotionally moving video in which a child ...Read Full Post
Philippine's Rodrigo Duterte: An effective leader or a despotic one?
Philippine's President Rodrigo Duterte has been in the news for all the wrong reasons. First, he has been accused of large scale human rights violation, where tens and thousands of people have lost their lives due to extra judicial killings, drug trafficking, rape, murder, arson and other related criminal activities. The second incident relates to an interview he had given, where, when asked how he would react if Barack Obama were to criticise him for extra judicial killings of over 1,000 persons involved in drug trafficking and other acts of crime, he responded with cuss words against the president. Although Duterte realised his faux pas and expressed regret over his ...Read Full Post
I fell in love with Pakistani art in New York City
Pakistan has once again made headlines in New York City, but this time it's for a good reason. Go Figureis a group show of young aspiring artists from Pakistan, showcased at Aicon Art Gallery in the East Village area of the city. The prospect of meeting Pakistani artists and art lovers in the city kept me excited for days before the inauguration. The show was exceptionally well curated, displaying highly imaginative illustrative, graphic and sensual work. Photo: Hassan Majeed Photo: Hassan Majeed On the opening night of art shows in New York, art-loving crowds ...Read Full Post
Why has non-violent India become so violent?
India carries somewhat of a reputation globally as the home of spirituality and a champion of non-violence. The combined legacies of Emperor Ashoka, Gautam Buddha, Mahatma Gandhi, and many other renowned gurus and sages have left an imprint on the way India seeks to carry itself on the world stage and also to an extent how the rest of the world perceives it. Many seekers of wisdom and inner peace make their way to India, hoping to find a path to spirituality and enlightenment. Some succeed in finding what they were looking for, while others return with disappointment, disillusionment, and ...Read Full Post
The one chant that India has been unable to gag; "Hum kya chahtey… azaadi"
Kashmir is back to square one; the killing spree has begun once again and there seems to be no way out. After killing approximately 120 peaceful protesters in 2010, of which half were teenagers, this year, the Indian forces have not only begun a killing spree, but a blinding spree as well. With the help of lethal pellet guns, introduced to Kashmir through British expeditioners who used them for hunting, they forces have ended up blinding numerous individuals. If you are not already aware, the intensity of a pellet gun is monstrous – one shot sends nearly 600 high velocity lead ball bearings. At ...Read Full Post
The only country 'sponsoring terrorism' is the United States of America
News is meant to be serious and, apparently, so are the legal proceedings attended by lawmakers. Unfortunately, in our country, parliamentary proceedings are exceedingly boring but funny; not because of the content but because of the kind of characters who inhabit our parliament. A great example is Shah Sahib's sadness at the murder of Junaid Jamshed which sparked a round of hilarious memes. What tickles my funny bone even more is when lawmakers abroad have long discussions about something absolutely absurd or condemning actions which their country is itself involved in. A recent example of this happened last week ...Read Full Post
The US drone program in Pakistan killed over 200 children, how is it any different from the APS massacre?
Last week saw a lot of flurried comments once again condemning US drone strikes in Pakistan. Chief of Army Staff (COAS) General Raheel Sharif in a meeting with United States Ambassador to Pakistan, David Hale, on May 25, 2016, expressed concerns over the US drone strike in Balochistan on May 23rd in which Afghan Taliban chief Mullah Akhtar Mansoor was reportedly killed. Prime Minister Nawaz Sharif had criticised the US drone strikes earlier, describing them as a violation of Pakistan's sovereignty. In an adjournment motion submitted by Pakistan People's Party (PPP) spokesman Senator Farhatullah Babar to the Senate, he said the issue would alter the security calculus ...Read Full Post
Dear PEMRA, why can't we talk about sex?
As of 2015, Pakistan's estimated population was frighteningly over 190 million. We are growing so fast that the United Nations estimates we will hit 300 million by 2050. Now, I am sure some of you read this and thought, "Masha'Allah." But the Pakistan Council of Research in Water Resources (PCRWR) warns that we will start running into water scarcity by 2025. Yes, we are already overpopulated, and our resources can't sustain our growth. In essence we are a giant growing elephant riding a tiny single-wheel cycle. Photo: Jusscope And this unicycle is going to fall, except we are told by our ...Read Full Post
Changing maps will not mean Kashmir is a part of you, India
The Indian government wants to pass the Geospatial Information Regulation Bill (GIRB). This bill will essentially make any map in India (ONE that does not toe the official line on geospatial information provided by the Indian government) illegal and liable to seven years in jail and a fine of up to a whopping billion Indian rupees. Predictably Pakistan reacted by shooting off a letter to the United Nations (UN) protesting that the official Indian maps show the disputed territories of Kashmir as wholly part of India, including Azad Jammu and Kashmir (AJK). While one respects the sovereignty a foreign nation state, the provisions of this law ...Read Full Post


text: im wondering if you can drag and drop MP4 videos into your downloads folder of the sendfile thing, and.. uhm.. will sendfile read it? like, play the video? thanks a bunch Please Register or Log in to view images EDIT: the reason being because i think my itunes has a syncing problem.. when i try to sync somethings, it comes up with an error that i cant be read or written to, and ya.. then i have to d/c my ipod, restart my ipod, plug my ipod back in, wait for itunes to recognize it, then try again, then, do the process all over again... it would just be a lot easier to drag and drop them, anyways, thanks Please Register or Log in to view images


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Individual Contributor and technical ownership of Verification Strategy for 3D-Graphics APIs.
Define and Implement custom measurement metrics for verification.
Identify bugs in DDK, provide shortened tests and validate bugs with available references.
Disciplined approach to Software Verification.
Deliver high quality DDKs for upcoming Samsung Graphics IPs.
Expected to keep track of upcoming revisions of API definitions/standards.
Extensive understanding of OpenGL, OpenGL ES, OpenCL or DirectX.
Extensive understanding of 3D Graphics pipeline is a must.
Fair understanding of High Performance Computing will be an added advantage.
Understating software verification is desirable for experienced candidates.
Hands on C/C++, OpenCL. OpenGL or DirectX programming.
Hands on code coverage, memory profiling, static code analysis tools.
Graphics Directx Opencl Verification 3d-graphics 3d Graphics Software Verification


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A Happy Event 2011 BRRip XviD Rosubbed-playXD
Torrent Description
The torrent has 3 files, total 697.0MB, created at Jan. 11, 2015.
Torrent Tags
Happy? Share it!
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Download Infomation
The torrent has been downloaded 324 times, the speed is normal.
Torrent Contents ( 3 files)
A Happy Event 2011 BRRip XviD Rosubbed-playXD.avi694.0MB
A Happy Event 2011 BRRip XviD Rosubbed-playXD.srt80.0KB
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Won Ton Sunrise (Kim And Buran Sunseeker Remix)
Features of This Trackelectronica roots
beats made for dancing
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subtle use of staccato synths
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PECASE recipient shows how small exceptions help explain the inner workings of neutrons and protons.
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PECASE recipient discovers gut enzymes that break woody plants into biofuel building blocks.
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PECASE recipient illuminates materials' true nature.
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PECASE recipient develops new ways to study physics at the mesoscale.
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President Obama welcomed more than 100 leading scientists and engineers from around the world to thank them for their work on some of the most challenging and complex issues in science and technology. Read More
Raindrop splash is a surprise source of fine soil particles in the atmosphere. Read More
Successful Competition Highlights Importance of Investing in Next Generation of Leaders in Science
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For the run-up to the 2016 National Science Bowl® Finals April 28th to May 2nd, this is part of a series on previous NSB competitors.
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This weekend, 69 high school teams and 47 middle school teams will be competing in the Finals of the 2016 National Science Bowl®. Keep checking back for updates and results of your favorite teams. Read More »
Berkeley Lab's HiRES to provide new views of material changes, chemical reactions. Read More
The Office of Science (SC) is the single largest supporter of basic research in the physical sciences in the United States.


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Be the first to like this
Published on
Many people who are concerned about climate changes and want to live an eco-friendly lifestyle find that using solar energy is one of the simplest ways to contribute to a greener earth. Here you can read about the benefits of choosing solar power, such as solar appliances, solar lighting and the benefits of landscaping with solar power.
Most people have at least a few electronic devices that they need to charge regularly. On top of that comes several TVs in the home, air-conditioning, you name it. Replacing at least some of your devices with solar power ones is very simple and can make a huge difference. Furthermore, although environmental concerns are one of the main reasons people choose solar power, it can actually be quite cost-effective.


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Watch Trouble Man (1972) Free Online
Trouble Man
IMDB Link:
Rating: 6.8/10 (568 votes)
Director: Ivan Dixon
Writer: John D.F. Black
Stars: Paul Winfield, Ralph Waite, Robert Hooks, William Smithers
Runtime: 99 min
Rated: R
Year: 1972
Genre: Action, Crime, Drama
Quality: HD
Language: English
Released: 14 Apr 1973
|Plot: It seems that masked men are knocking over the floating crap games of Chalky and Pete. Chalky and Pete hire the cool, loose, elegant Mr. T to fix things. Then, the masked manipulators set up the death of a collector for a rival gang lord. It looks like it's up to T to keep a gang war from breaking out, keep the police off his back, and earn his fee from Chalky and Pete. Then things get complicated. A pool hall, a boxing gym, women's well-furnished apartments, and the mean streets of L.A. give T room to sort out what seems from what is.
Watch Trouble Man (1972) - Alternative Servers
|Version 2


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March 2, 2010
THE PEOPLE, ETC., RESPONDENT,v.DANNEL HILL, A/K/A DANIEL HILL, APPELLANT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Cohen, J.), rendered June 19, 2007, convicting him of attempted murder in the second degree, gang assault in the first degree, assault in the first degree (two counts), and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial by the Supreme Court, Westchester County (Adler, J.), after a hearing, of that branch of the defendant's motion which was pursuant to CPL 30.30 to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, ARIEL E. BELEN and SHERI S. ROMAN, JJ.
(Ind. No. 05-00485)
ORDERED that the judgment is reversed, on the law, that branch of the defendant's motion which was to dismiss the indictment pursuant to CPL 30.30 is granted, the indictment is dismissed, and the matter is remitted to the County Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
As the People correctly concede, the judgment must be reversed and the indictment dismissed because they were not ready for trial within the time required by statute (see CPL 30.30[1][a], 210.20[1][g]), and sufficient time is not excludable from the calculation (see People v Luperon, 85 NY2d 71, 77-78; People v Price, 61 AD3d 127, 129). At the hearing, the People failed to prove either that the defendant was attempting to avoid apprehension or that his location could not be determined by due diligence, necessary predicates for an exclusion of time based upon the defendant's absence (see CPL 30.30[4][c][i]). The police failed to exhaust all reasonable investigative leads as to the defendant's whereabouts (see People v Devore, 65 AD3d 695). "It seems apparent that the whereabouts of the defendant were readily ascertainable with a minimum of effort, as he was on probation from a previous offense and was reporting regularly to his probation officer" (People v Swinton, 52 AD2d 561, 561). As a result, the period of time from May 11, 2005, to May 10, 2006, should not have been excluded from the speedy-trial calculation, and that branch of the defendant's motion which was to dismiss the indictment pursuant to CPL 30.30 should have been granted.
MASTRO, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.
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Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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