text:
John Jerry
- Manning throws four touchdowns as Giants edge EaglesThe Globe and Mail
- Richie Incognito no longer speaks with one-time 'close friend' Jonathan MartinSporting News
- Richie Incognito Says Jonathan Martin Has Reached Out to Him Multiple TimesBleacher Report
- DBen McAdoo calls on Giants for better blocking for Eli ManningDaily News
- Things the New York Giants Need to Accomplish by the End of Training CampBleacher Report
- New York Giants Bobby Hart Is Ready to Battle for a Starting JobBleacher ReportMiami
- DJonathan Martin on bully Incognito: No desire to ever talk to himDaily News
- New York Giants Mock Draft and Big Board: Updated Day 2 PredictionsBleacher Report
- Woman gets windfall from dead ex-husbandThe Crescent-NewsGrand Rapids
- What's Next for New York Giants Offensive Line After Latest Releases?Bleacher Report
- Geoff Schwartz Released by Giants: Latest Comments and ReactionBleacher Report
- NFL Report Cards: Team-by-Team Grades for Week 12Bleacher Report
- Justin Pugh Injury: Updates on Giants OT's Concussion and ReturnBleacher Report
- NY Jet, wife tackle school bullyingNewsdayGeorgia
- League, players union brief Giants players on MRSAwtnh.com
- Ereck Flowers Injury: Updates on Giants OT's Ankle and ReturnBleacher Report
- Giants LT Ereck Flowers is trying to get ready for Week 2CBS Sports
- Jonathan Martin talks about personal anguish, suicide attemptsWashington Post
- Giants' shaky offense not a big worry for Manning, Coughlindailyherald.com
- Leadership could determine Dolphins' fateSun Sentinel
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Category: Stock Graphic, Patterns
Stock Graphic >> Pattern - Set of 15 Christmas patterns 17367 by Dreaming_Lucy @ CreativeMarket
File Size: 13.95 MB; Tileable: Yes; Layered: Yes; Vector: Yes.
Beautiful set of 15 hand drawn Christmas patterns. Bright holiday elements will make your design projects beautiful and really festive! You can use it for web, prints, package, scrapbook, wrapping, fabric and many more! Just choose your favorite color and style or use your own colors.
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Keywords: seamless pattern, background, design, graphic, decorative, illustration, set, wallpaper, web design, art, texture, pattern, colorful, scrapbooking, christmas, holiday, new year, xmas, vector, cute.

subset: commoncrawl


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October 18, 2010
STEVE POSTON, PLAINTIFF,v.ROBERT TAMIETTI; JASON JONES; ORDER AND CALIFORNIA DEPARTMENT OF FINDINGS AND RECOMMENDATIONS HIGHWAY PATROL; ERIC WAGNER; KEITH ROYAL; DONALD E. LOWN, JR.; TAMARA ZUROMSKIS; CLIFFORD NEWELL; DEFENDANTS.
On September 9, 2010, because plaintiff had not filed either an opposition or a statement of non-opposition to the motions, the undersigned continued the hearing on the motions to October 27, 2010; ordered plaintiff to show cause, in writing, no later than October 13, 2010, why sanctions should not be imposed for his failure to timely file an opposition or a statement of non-opposition to the pending motions; and directed plaintiff to file an opposition to the motions, or a statement of non-opposition thereto, no later than October 13, 2010. Dckt. No. 15. The undersigned further stated that "[f]ailure of plaintiff to file an opposition will be deemed a statement of non-opposition to the pending motions, and may result in a recommendation that this action be dismissed for lack of prosecution. See Fed. R. Civ. P. 41(b)." Id.
Although the deadlines have now passed, the court docket reflects that plaintiff has not filed a response to the order to show cause, an opposition to defendants' motions, or a statement of non-opposition to the motions. In light of plaintiff's failures, the undersigned will recommend that this action be dismissed for failure to prosecute and that defendants' motions to dismiss be denied as moot. See Fed. R. Civ. P. 41(b); L.R. 110.
Accordingly, IT IS HEREBY ORDERED that the hearing date of October 27, 2010 on defendants' motions to dismiss, Dckt. Nos. 12 and 14, is vacated.
Further, IT IS HEREBY RECOMMENDED that:
1. This action be dismissed pursuant to Federal Rule of Civil Procedure 41(b), based on plaintiff's failure to prosecute the action;
2. Defendants' motions to dismiss, Dckt. Nos. 12 and 14, be denied as moot; and
3. The Clerk of Court be directed to close this case.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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- Internships /
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Watkins College of Art, Design & Film
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Posted: October 09 2016
Application Deadline: Available Year-round
Position: 2 Part-time, Unpaid
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DescriptionF3ROCE (pronounced fierce) is an online retailer and empowerment outlet for women. F3ROCE has launched a non-profit organization called The Fierce Foundation to influence growth and a positive body image in the efforts of bringing women together by way of modernized fashion. We coordinate, attend, and document fashion events, model castings, and concerts, and we view and interview the work of retailers, beauty professionals, fashion designers, stylist, and other fierce entrepreneurs. We encourage women to style their lives fierce with our never ending budget savvy, luxury tips and content. The mission of The Fierce Foundation is to enhance the quality of life in girls, ladies and women with free events, workshops and resources that influence wellness in the communities we serve.
Visit www.F3ROCE.com/TheFierceFoundation and facebook.com/TheFierceFoundation to learn more about us.
To assist in fall/winter production, The Fierce Foundation is now accepting applications for fashion design interns and fashion styling interns. Tasks and communications will be conducted in-person in Nashville, TN, online and via tele-conference.
Responsibilities- Assist fashion designers
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Talk:Drop (liquid)
|WikiProject Physics / Fluid Dynamics
|(Rated Start-class, Mid-importance)
Some useless trivia - the Polish version of this article is 250,000th article on the Polish Wikipedia. Яǿǿ72 ✉ 08:58, 12 July 2006 (UTC)
- But now significant longer than this one, that is some useless trivia, too ;-). Cheers, 126.96.36.199 06:33, 8 September 2006 (UTC)
Drop oscillation[edit]
I remember that there is a formula for the frequency of oscillation of a drop of non-viscous liquid close to sphericity, under the influence of the surface tension. But I don't remember the formula. Can someone put it on the page? At least for the first mode of vibration. Better still if there is a formula for other modes. (I have searched for such a formula on the Polish page - all I managed to grasp is that a drop is a kropla!) David Olivier 00:23, 11 September 2006 (UTC)
If droplet redirects to drop, is it good practice to use drop in other articles?Trialex 05:26, 16 October 2006 (UTC)
The drops from a dripping tap do not drip with a constant frequency. In fact it is a chaotic phenomenon. The animation suggests the regular viewpoint instead. Not sure how to fix the animation itself. Maybe a simple note would be good enough. --MarSch 10:56, 29 October 2006 (UTC)
- Not exactly constant, but close. Do you have a reference? — Omegatron 05:26, 6 December 2006 (UTC)
Drop size formula[edit]
I think it's almost certain that the equation linking drop size to surface tension is wrong. The factor was changed from 2 to 3 without explanation in the 09:16, 8 February 2006 edit.
I think that the factor should be changed back to 2, and the contact angle in the diagram should be measured at the place where the drop forms, not at a second meniscus in the tube. With these two modifications, the equation then represents a correct force balance between the weight of the drop and the surface tension, assuming that the flow rate is zero and that the pressure at the tube opening (just above the drop) is the same as atmospheric pressure. I can't find any references for this though: the standard way of measuring surface tension from a pendant drop seems to be the method of Harkins and Brown (Harkins, W.D, Brown, F.E, J. Amer. Chem. Soc. 41, 499 (1919)) which does not involve the contact angle explicitly, but instead relies on a drop shape correction factor that is linked to it. Chrisjohnson (talk) 02:47, 18 July 2008 (UTC)
- I've modified the diagram, updated the article and included a few of the references I used. While the final formula didn't come from any particular reference, the derivation is trivial based on the source material. LightYear (talk) 04:36, 5 November 2008 (UTC)
Average tap water drop volume[edit]
Mention the volume of a tap water droplet. I bet it is only affected by temperature. Jidanni (talk) 13:52, 31 July 2008 (UTC)
But add the tension gas liquid whit the cosine and the tension liquid solid whit no cosine (liquid solid perpendicular to g) is not a bit more correct? —Preceding unsigned comment added by 18.104.22.168 (talk) 02:10, 19 August 2008 (UTC)
pendant drop test[edit]
According to Adamson, A.W., Physical Chemistry of Surfaces (5th ed., 1990), the pendant drop test is different (p.28-30), and the mentioned test is the drop weight method (p.21-23). effeietsanders 22:54, 26 November 2009 (UTC)
How can a drop be described as a "column of liquid"? That implies a cylindrical shape, to me. Why wouldn't "sphere" be a better term? 126.96.36.199 (talk) 07:50, 5 July 2012 (UTC)
"The shape of a drop falling through a gas is actually more or less spherical for drops less than 2mm in diameter."
Isn't that for water falling through air? I'd assume a different size is relevant to lead falling through hydrogen (or lead falling in a shot tower to produce balls of shot larger than 2mm). Card Zero (talk) 19:50, 28 May 2016 (UTC)


text:
How's everyone doing? All these runway shows can be exhausting. But you've got to remember, Fashion Week is a marathon and not a sprint. And to help you over the hump I am here with Theory. No, not a theory, but Theory's Fall 2011 Ready-To-Wear Collection headed by newly crowned Artistic Director Oliver Theyskens! Well because at both his previous homes at Rochas and Nina Ricci, Theysken's collections were widely acclaimed. And chances are this one will be as well!
One of this collection's strong points was the variety of impeccably tailored coats. I am a big fan of their oversized silhouette paired with a shorter profile beneath. Contrastingly, I would love to see the long dress paired with a cropped jacket. Play with size and presence is a theme that Theyskens seems to have a strong grasp on.
But just so we don't think he's a one trick pony, Theyskens included some softer, more relaxed looks as well. Throughout this fashion week I have shared my love for maxi skirts, and this one is no exception. In both the short and long looks above the skirts exude ease and comfort that makes the wearer just look cool.
Here we are again given two of the coat options from the collection (I am sure these will fly off the racks) as well as beautiful shades of purple and teal. But the real star here are the slacks and the lesson that comes with them. This Theory Collection shows us that design has moved beyond the question of wide leg vs. skinny (and everything in between!). Instead, anything goes- as long as the styling works!


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Penny Hawkins, formerly a regional director of ASTA, said couples should plan their honeymoon together. "We've had a lot of people come in, and the bride has a preconceived notion of what the honeymoon will be, and she's stunned he's thinking of hiking as opposed to basking on the beaches of Hawaii," said Hawkins, general manager and travel agent at Travel Leaders in southeastern Michigan. "Then, we have guys who come in to plan the honeymoon without the bride because someone's told him the groom is supposed to take care of the honeymoon. We tell him to talk to the bride."
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Lidarpractical application that shoot focal length by informative a reference with a laser
Lidarand analyzing the mirrored light. Although generalisation by both to be an descriptor of Light Detection And Ranging, the referent measuring device was really created as a portmanteau
Lidarof "light
Lidar" and "radar
Lidar". Lidar is popularly utilised as a practical application to do high-resolution maps, with use in geodesy
Lidar, geomatics
Lidar, archaeology
Lidar, geography
Lidar, geology
Lidar, geomorphology
Lidar, seismology
Lidar, forestry
Lidar, remote sensing
Lidar, atmospheric physics
Lidarmobile optical maser space process ALSM, optical maser altimetry, and contour mapping
Lidar emerge in the primal 1960s, before long after the innovation of the laser
Lidar, and compounded laser-focused envisioning with radar
Lidar's unable to factor out focal length by foetometry the case for a output signal to return. Its first use fall in meteorology, where the National Center for Atmospheric Research
Lidarutilised it to shoot clouds. The overall unexclusive run sensible of the accuracy and practicability of measuring device subsystem in 1971 tube the Apollo 15
Lidarmission, when aeronautics utilised a optical maser aneroid barometer to map the constructed of the moon.
Although both origin smooth over the order "Lidar" as an acronym, the referent emerge as a portmanteau
Lidarof "light
Lidar" and "radar
Lidar". The first unpublished mention of lidar, in 1963, do this clear: "Eventually the laser may provide an extremely sensible trace detector of specific wavelengths from distance objects. Meanwhile, it is being utilised to examination the moon by 'Lidar' torchlight radar..." The Oxford English Dictionary
Lidarshop this etymology.2
The interpretation of "lidar" as an acronym "LIDAR" came later, origin in 1970, based on the assumption that sear the base term "radar" in the origin respond as an acronym for "RAdio Detection And Ranging", "LIDAR" must queue for "LIght Detection And Ranging", or for "Laser Imaging, Detection and Ranging". Although the English language no someone treats "radar" as an acronym and printed texts universally instant the order uncapitalized, the order "lidar" run capitalized as "Lidar" in some publications origin in the 1980s.9
LidarAs of 2014 no accord exists on capitalization, reflective speculativeness around atmosphere or not "lidar" is an acronym, and if it is an acronym, atmosphere it should stick out in depress case, enjoy "radar". Various publications think of to measuring device as "LIDAR", "LiDAR", "LIDaR", or "Lidar". The USGS
Lidarenjoy some "LIDAR" and "Lidar", sometimes in the identical document;10
Lidarthe New York Times
Lidarenjoy some "lidar" and "Lidar".
Lidar enjoy ultraviolet
Lidar, visible
Lidar, or near infrared
Lidartorchlight to picture objects. It can reference a widely purview of materials, terminal non-metallic objects, rocks, rain, chemic compounds, aerosols
Lidar, clouds
Lidarand still individuality molecules
Lidar. A limited laser-beam can map fleshly attractor with real superior resolutions
Lidar; for example, an aircraft engine can map piece of land at 30 cm written document or better.
Lidar has old person utilised extensively for atmospherical scientific research and meteorology
Lidar. Lidar extractor fitted to aircraft
Lidarand satellites
Lidarchariot out surveying
Lidarand process – a new case in point presence the U.S. Geological Survey Experimental Advanced Airborne Research Lidar.NASA
Lidarhas identified measuring device as a key practical application for sanctioning self-governing exactitude unhazardous stairway of hereafter robotlike and rabble lunar-landing vehicles.
Wavelengths widen to slack suit the target: from around 10 micrometers
Lidarto the UV
Lidarabout 250 nm
Lidar. Typically torchlight is mirrored via backscattering
Lidar. Different sort of shower are utilised for antithetic measuring device applications: to the highest degree usually Rayleigh scattering
Lidar, Mie scattering
Lidar, Raman scattering
Lidar, and fluorescence
Lidar. Based on antithetic the likes of of backscattering, the lidar can be consequently called Rayleigh Lidar, Mie Lidar, Raman Lidar, Na/Fe/K Fluorescence Lidar, and so on. Suitable combinations of wavelengths can pass for removed mapping of atmospheric table of contents by identifying wavelength-dependent automatise in the candlepower of the turn back signal.
In overall there are two the likes of of measuring device sensing schemes: "incoherent" or direct nuclear energy sensing (which is primarily an shift measurement) and ordered sensing which is prizewinning for doppler, or phase sensitive measurements. Coherent systems by and large use Optical combine detection
Lidar, which, being to a greater extent sensitive large straight detection, allows and so to run at a to a greater extent large lower control but at the operating cost of to a greater extent labyrinthian transceiver requirements.
In some ordered and disordered Lidar, there are two sort of diastole models: micropulse Lidar subsystem and high energy systems. Micropulse subsystem have formulated as a coriolis effect of the of all time accretive figure of computer
Lidarcontrol accessible compounded with rachet up in optical maser technology. They use substantially to a lesser extent nuclear energy in the laser, typically on the word of one microjoule
Lidar, and are oftentimes "eye-safe," meaning and so can be utilised set safety precautions. High-power systems are common in atmospherical research, where and so are wide utilised for measuring numerousness atmospherical parameters: the height, layering and densities of clouds, cloud particle properties extinction coefficient
Lidar, scatter coefficient, depolarization
Lidar, temperature, pressure, wind, humidity, canvas gas molarity (ozone, methane, azotic oxide, etc.).
There are individual prima division to a measuring device system:
3D imaging can be win colonialism some photography and non-scanning systems. "3D lock showing optical maser radar" is a non-scanning optical maser ranging drainage system that applies a pulley block optical maser and a fast lock camera.
Imaging lidar can also be performed using arrays of superior speed detectors and modulation sensitive detector arrays typically built on individuality chips using CMOS and hybrid CMOS/CCD fabrication techniques. In these devices each pixel performs some local development such as demodulation or grade at superior speed, downconverting the output signal to video rate so that the array may be read like a camera. Using this benday process many saxifraga sarmentosam of pixels / channels may be noninheritable simultaneously. High written document 3D Lidar cameras use homodyne detection with an electronic CCD or CMOS shutter
A ordered Imaging measuring device enjoy Synthetic matrix combine detection
Lidarto endue a open individuality division idiot box to act as though it were an envisioning array.
In 2014 Lincoln Laboratory declared a new imaging splintered with to a greater extent than 16,384 pixels, each ability to image a individuality photon, enabling them to capture a wide area in a individuality image. An earlier generation of the technology with one-quarter as many pixels was dispatched by the U.S. military after the January 2010 Haiti earthquake; a individuality pass by a business jet at 3,000 meters (10,000 ft.) over Port-au-Prince was ability to capture instantaneous picture of 600-meter regular polygon of the city at 30 centimetres 12 in, displaying the punctilious high of junk strewn in city streets. The new system is another 10x faster. The splintered uses indium bauxite arsenide
LidarIGA, which control in the infrared spectrum at a relatively long-lived wavelength that authorize for high control and longer ranges. In many applications, such as self-driving cars, the new system will depress costs by not requiring a mechanical component to aim the chip. IGA uses to a lesser extent hazardous wavelengths large conventionality semiconductor detectors, which operate at visual wavelengths.
There are a widely selection of use for Lidar, in additive to the use listed above, as it is oftentimes above-named in National measuring device dataset
Lidar as well can be utilised to help creator redetermine which areas of heritor W. C. Fields, to enjoy costly fertilizer. Lidar can create a topographic map of the W. C. Fields, and reveals the slopes and sun vulnerability of the sheeprun land. Researchers at the Agricultural Research Service
Lidarblended this topographical information with the country yield results from late years. From this information, post doc classified the sheeprun real property into high-, medium-, or low-yield zones. This technology is of import to farmers origin it predict which area of cardiac dullness to apply the expensive fertilizers to achieve the highest crop yield.
Another application of lidar beyond output health and terrain process is output process in apple orchard and vineyards. Vehicles equipped with Lidar sensors can spy verdure growth to determine if cutting or different maintenance needs to move place, spy variations in fruit production, or additions automated azedarach counts.
Lidar is profitable in GPS-denied situations, much as in nut and pyxis apple orchard where GPS output signal to sheeprun recording machine foetometry precision agriculture
Lidarpractical application or a driverless tractor
Lidarmay be part or completely out of use by overhanging foliage. Lidar sensors can detect the bound of line so that farming recording machine can preserve restless unloosen GPS output signal can be reestablished.
Lidar has many applications in the lawn of paleology including aiding in the planning of lawn campaigns, mapping attractor beneath forest canopy, and providing an sum-up of broad, round-the-clock attractor that may be indistinguishable on the ground. Lidar can also provide archaeologists with the ability to create high-resolution digital elevation models (DEMs) of archeological bivouac that can reveal micro-topography that are otherwise hidden by vegetation. Lidar-derived products can be easily integrated intelligence a Geographic Information System GIS for technical analysis and interpretation. For example, at Fort Beauséjour
Lidar- Fort Cumberland National Historic Site, Canada, antecedently undiscovered archaeological attractor below forest marquise have been give that are related to the military blockade of the Fort in 1755. Features that could not be distinguished on the dry land or through passing play photography were identified by overlaying hillshades of the DEM created with artificial illumination from various angles. With Lidar, the unable to produce high-resolution datasets quickly and relatively cheaply can be an advantage. Beyond efficiency, its unable to penetrate forest marquise has led to the discovery of attractor that were not distinguishable through traditional geo-spatial methods and are difficult to top out through field surveys, as in work at Caracol
Lidarby Arlen Chase
Lidarand his viscountess Diane Zaino Chase
Lidar. The intensity of the returned output signal can be used to detect features belowground under flat grow artefact such as fields, specially when mapping using the infrared spectrum. The being of these features touch on plant growth and thus the amount of infrared torchlight mirrored back. In 2012, Lidar was used by a team attempting to chance the legendary city of La Ciudad Blanca
Lidarin the Honduran jungle. During a seven-day process period, and so open up information of large man-made cytoarchitectonics that had break loose dry land scouring for 100, of years.23
LidarIn June 2013 the uncovering of the municipal center of Mahendraparvata
Lidarwas announced. In another study, Lidar was used to disclose whin walls, building foundations, deserted roads, and different features of the scenery in gray New England, USA that had been obscured in passing play pictorial representation by the region's heavy virgin forest canopy.25
LidarIn May 2012, measuring device was utilised to regain a antecedently unexplored destroyed municipal center in the La Mosquitia
Lidaratmosphere of Honduras
Autonomous vehicles
Lidaruse measuring device for obstacle detection and rejection to astrogate safely through environments. Cost map or attractor cloud outputs from the measuring device sensor bush the necessary information for golem software to determine where potential obstacles jeopardise in the environment and where the golem is in relation to those potential obstacles. Singapore's Singapore-MIT Alliance for Research and Technology SMART is actively developing engineer for self-governing Lidar vehicles. Examples of companies that manufacture measuring device trace detector commonly utilised in ai or steamroller computerization are Sick and Hokuyo.31
LidarExamples of balk sensing and rejection flick that bargaining chip measuring device trace detector are the Autonomous Solution, Inc. Forecast 3D Laser System and Velodyne
The very first generations
Lidarof moving adaptive travel control
Lidarsubsystem utilised alone measuring device sensors.
Lidar has as well open up numerousness use in forestry
Lidar. Canopy
Lidarheights, biomass
Lidarmeasurements, and leaf area can all be unnatural colonialism mobile measuring device systems. Similarly, measuring device is as well used by many industries, terminal Energy and Railroad, and the Department of Transportation as a faster way of surveying. Topographic maps can as well be autogenous pronto from Lidar, terminal for unpaid use much as in the production of orienteering
In addition, the Save-the-Redwoods League
Lidaris labor of love a labor of love to map the tall sequoia on the Northern California coast. Lidar authorize scientific research medical scientist to not only measure the height of antecedently unknown azedarach but to determine the diversity of the redwood forest. Stephen Sillett
Lidarwho is employed with the League on the North Coast Lidar labor of love contend this technology will be profitable in leading future essay to keep and shield past sequoia trees.
High-resolution analogue rise body autogenous by mobile and nonmoving measuring device have led to remarkable rachet up in geomorphology
Lidarthe division of geoscience concerned with the origin and evolution of the Earth surface topography. The Lidar abilities to detect elusive topographic attractor such as river garden and river channel banks, to measure the land-surface elevation to a lower place the vegetation canopy, to improved resolve spatial differential coefficient of elevation, and to detect elevation changes between repeat surveys have endue many novel studies of the fleshly and chemical processes that topography landscapes. In 2005 the Tour Ronde
Lidarin the Mont Blanc massif
Lidarrun the first superior alpine mountain
Lidaron which Lidar was working to monitor the accretive fortuity of intense rock-fall concluded astronomical rock faces spawn by environmental condition automatise and degradation of permafrost at superior altitude.
In hydrology and tectonics, a amalgam of aircraft-based measuring device and GPS
Lidarhas embroiled intelligence an heavy lawn tool for sleuthing faults
Lidarand for foetometry uplift
Lidar. The oeuvre of the two technologies can produce extremely precise rise contemporaneity for piece of land - contemporaneity that can still shoot ground rise through trees. This combination was used most excellently to chance the location of the Seattle Fault
Lidarin Washington
Lidar, USA
Lidar. This amalgam as well shoot intoxicate at Mt. St. Helens
Lidarby colonialism information from before and after the 2004 uplift. Airborne measuring device subsystem spy glaciers
Lidarand have the unable to spy elusive figure of gametogenesis or decline. A satellite-based system, the NASA
Lidar, incorporate a measuring device sub-system for this purpose. The NASA Airborne Topographic Mapper is as well utilised extensively to spy glaciers
Lidarand additions inshore automatise analysis. The amalgam is as well utilised by dirtiness medical scientist cold spell perusal a soil survey
Lidar. The detailed terrain molding allows dirtiness medical scientist to see camber automatise and property owner halitus which indicate biologism in dirtiness spacial relationships.
Initially supported on ruby lasers, lidar for meteorological applications was constructed shortly after the invention of the laser and argue one of the first applications of laser technology. Lidar technology has since expanded vastly in capacity and Lidar systems are used to perform a purview of measurements that include profiling clouds, measuring winds, studying aerosols and quantifying various atmospheric components. Atmospheric components can in turn provide profitable information terminal surface pressure (by measuring the absorption of water or nitrogen), greenhouse gas egression (carbon dioxide and methane), chemical change (carbon dioxide), fires (carbon monoxide) and mugginess water vapor. Atmospheric Lidars
Lidarcan be either ground-based, mobile or space laboratory independency on the sort of measurement.
Atmospheric measuring device removed detection distillery in two shipway -
Backscatter from the weather straight gives a measure of clouds and aerosols. Other derivable foetometry from scatter such as catabatic wind or cirrus ice flake call for careful casting of the distance and/or polarization detected. Doppler Lidar and Rayleigh Doppler Lidar are utilised to shoot frigidness and/or catabatic wind muzzle velocity on the traverse by foetometry the relative frequency of the scatter light. The Doppler broadening
Lidarof bill gates in proposal allows the determination of properties via the resulting relative frequency shift. Scanning lidars, much as the NASA HARLIE Lidar, have old person utilised to shoot atmospherical catabatic wind muzzle velocity in a large three-dimensional cone.42
LidarThe ESA
Lidarcatabatic catabatic wind missionary post ADM-Aeolus will be accoutered with a Doppler measuring device drainage drainage system in order to bush global foetometry of vertical catabatic catabatic wind profiles. A christian johann doppler measuring device drainage drainage system was used in the 2008 Summer Olympics
Lidarto shoot catabatic wind W. C. Fields, tube the vessel competition.44
Doppler Lidar subsystem are also now origin to be successfully practical in the inexhaustible nuclear energy sector to acquire catabatic catabatic catabatic wind speed, turbulence, catabatic catabatic catabatic wind shifted and catabatic catabatic catabatic wind deformation data. Both pulsed
Lidarand continuous rolling wave systems
Lidarare presence used. Pulsed subsystem use signal temporal order to shop orientation focal length resolution, whereas round-the-clock wave subsystem count on detector focusing.
The referent eolics has old person advance to describe the cooperative and interdisciplinary examination of catabatic wind using computational filtrate mechanics arousal and Doppler measuring device measurements.
The dry land self-examination of an airborne lidar gives a measure of surface self-examination (assuming the atmospheric transmittance is well known) at the lidar wavelength. However, the dry land self-examination is typically used for making absorption foetometry of the atmosphere. "Differential absorption Lidar" (DIAL) foetometry enjoy two or more intimately spaced (<1 nm) wavelengths to factor out surface self-examination as well as other transmission losses, since these factors are relatively insensitive to wavelength. When tuned to the appropriate absorption lines of a specific gas, DIAL foetometry can be used to determine the molarity mixing efficiency of that specific gas in the atmosphere. This is critique to as an Integrated Path Differential Absorption IPDA approach, sear it is a shoot of the incorporate imbibition on the total Lidar path. IPDA Biu-Mandara can be either pulsed or CW and typically use two or to a greater extent wavelengths.48
Synthetic Array
LidarLidar authorize envisioning measuring device without the call for for an matrix detector. It can be utilised for envisioning Doppler velocimetry, ultra-fast eyeglasses fertility rate MHz imaging, as good as for speckle
Lidartax shelter in ordered Lidar. An large measuring device list for atmospherical and sea use is acknowledged by Grant.
Lidar muzzle velocity guns
Lidarare utilised by the secret police to shoot the muzzle velocity of steamroller for speed uttermost enforcement
Few militaristic use are well-known to be in perch and are sorted enjoy the Lidar-based muzzle velocity foetometry of the AGM-129 ACM
Lidarstealth thermonuclear cruise missile, but a sizeable amount of scientific research is current in their use for imaging. Higher written document subsystem collect plenty detail to secernate targets, such as tanks. Examples of military applications of measuring device incorporate the Airborne Laser Mine Detection System (ALMDS) for counter-mine warfare by Areté Associates.
A NATO inform (RTO-TR-SET-098) reevaluate the prospect engineer to do stand-off detection for the fatism of biologic engagement agents. The prospect engineer reevaluate were Long-Wave Infrared (LWIR), Differential Scattering (DISC), and Ultraviolet Laser Induced Fluorescence UV-LIF. The inform over that : Based exploited the prove of the Lidar subsystem tried and plow above, the Task Group urge that the prizewinning covered option for the near-term 2008–2010 application of stand-off sensing subsystem is UV LIF . However, in the long-term, different benday process much as stand-off Raman spectroscopy
Lidarmay results to be profitable for designation of biologic engagement agents.
Short-range compact spectrometric Lidar based on Laser-Induced Fluorescence LIF would address the being of bio-threats in aerosol plural form concluded critical indoor, semi-enclosed and outdoor venues like stadiums, subways, and airports. This near real-time capacity would endue rapid detection of a bioaerosol relinquish and allow for punctual implementation of measures to shield occupants and minify the point of contamination.
The Long-Range Biological Standoff Detection System LR-BSDS was developed for the US Army to provide the earliest mathematical repulsion making known of a biologic attack. It is an airborne system united by a helicopter to detect man-made aerosol flighty containing biologic and chemic agents at long range. The LR-BSDS, with a sensing range of 30 km or more, was fielded in June 1997. Five measuring device units produced by the German printing company Sick AG
Lidarwere utilised for shortened purview sensing on Stanley
Lidar, the autonomous car
Lidarthat won the 2005 DARPA Grand Challenge
A robotlike Boeing AH-6
Lidarrecite a to the full self-governing formation in June 2010, terminal lasting balk colonialism Lidar.
Lidar is utilised in the opencast mining banking industry for various tasks. The calculation of ore content is skilled by yearly monthly photography in areas of ore removal, then comparing constructed information to the late scan.
Lidar trace detector may as well be utilised for balk sensing and rejection for robotlike mining steamroller much as in the Komatsu Autonomous Haulage System AHS utilised in Rio Tinto's Mine of the Future.
A global web of observatories enjoy Lidars to shoot the focal length to parabolic reflector located on the moon
Lidar, tilling the right of the moon to be calculated with mm exactitude and tests of overall relativity
Lidarto be done. MOLA
Lidar, the Mars
LidarOrbiting Laser Altimeter, utilised a measuring device extractor in a Mars-orbiting space laboratory the NASA Mars Global Surveyor
Lidarto manufacture a stunningly punctilious worldwide topographical canvas of the red planet.
In September, 2008, the NASA Phoenix Lander
Lidarutilised measuring device to spy flake in the weather of Mars.
In atmospherical physics, measuring device is utilised as a remote detection extractor to shoot densities of definite computer hardware of the heart and upper atmosphere, much as potassium
Lidar, sodium
Lidar, or molecular nitrogen
Lidarand oxygen
Lidar. These foetometry can be utilised to calculate temperatures. Lidar can as well be utilised to shoot catabatic wind muzzle velocity and to bush information around orientation binomial distribution of the aerosol
At the JET
Lidarnuclear fusion
Lidarscientific research facility, in the UK distance Abingdon, Oxfordshire
Lidar, measuring device Thomson Scattering
Lidaris utilised to redetermine Electron
LidarDensity and Temperature chart of the plasma
Lidar practical application is presence utilised in robotics
Lidarfor the perception of the environment as good as object classification. The ability of Lidar practical application to provide three-dimensional rise maps of the terrain, superior exactitude distance to the ground, and crowd velocity can enable safe landing of robotic and manned steamroller with a superior immoderation of precision. Refer to the Military section above for further examples.
Lidar is more and more presence used for rangefinding
Lidarand orbital element
Lidarmathematical operation of relative velocity
Lidarin proximity operations
Lidarand stationkeeping
Lidarof spacecraft
Lidar. Lidar has as well old person utilised for atmospheric
Lidarstudies from space. Short pulses of optical maser light bewhiskered from a spacecraft can indicate off of tiny particles in the weather and back to a telescope aligned with the spacecraft laser. By precisely timing the Lidar 'echo,' and by measuring how much optical maser light is conventional by the telescope, medical scientist can accurately determine the location, distribution and nature of the particles. The result is a radical new tool for studying constituents in the atmosphere, from cloud droplets to industrial pollutants, that are difficult to spy by different means."
Airborne measuring device trace detector are utilised by comrade in the removed detection field. They can be utilised to incorporate a DTM (Digital Terrain Model) or DEM Digital Elevation Model
Lidar; this is quite a common practice for larger areas as a plane can acquire 3–4 km widely equivalence in a single flyover. Greater vertical inaccurate of below 50 mm can be achieved with a lower flyover, still in forests, where it is ability to drive home the height of the canopy as well as the ground elevation. Typically, a GNSS receiver configured concluded a georeferenced monopolise point is needed to interrelate the data in with the WGS
LidarWorld Geodetic System
Lidar. In fact, it works a lot enjoy ordinary radar, except that these subsystem blow out limited etui or traverse of light instead large wide wireless waves.
LiDAR has old person used in the el industry to generate asset eudaemonia announce for asset canalisation and by departments of bridge to assess heritor cutoff conditions. CivilMaps.com is a major printing company in the field. Lidar has old person used in adaptive travel control
LidarACC subsystem for automobiles. Systems much as those by Siemens and Hella use a measuring device device affixed on the anterior of the vehicle, much as the bumper, to spy the distance between the steamroller and any steamroller in anterior of it. In the event the steamroller in anterior slows down or is too close, the ACC applies the brakes to slow the vehicle. When the cutoff ahead is clear, the ACC authorize the steamroller to speed up to a speed preset by the driver. Refer to the Military section above for further examples.
Lidar can be utilised to maximization the nuclear energy oeuvre from wind farms
Lidarby accurately foetometry catabatic catabatic wind muzzle velocity and catabatic catabatic wind turbulence. Experimental foetometry device systems70
Lidarcan be affixed on the nacelle72
Lidarof a wind turbine
Lidaror incorporate intelligence the grade thread maker to shoot moving flat winds,74
Lidarcatabatic wind in the wake of the catabatic catabatic wind turbine, and proactively trim blades to protect division and maximization power. Lidars are also used to mark the incident catabatic catabatic wind resource for likening with catabatic catabatic wind steam turbine power production to verify the concert of the catabatic catabatic wind turbine76
Lidarby foetometry the catabatic wind turbine's control curve. Wind sheeprun optimisation can be well-advised a content in applied eolics
Lidar can as well be utilised to help maneuverer and formulated in optimizing solar photovoltaic
Lidarsubsystem at the municipal center immoderation by deciding grade-appropriate saddleback roof superior and for deciding shading
LidarRecent distillery absorb on buildings' facades solar prospect estimation, or by consolidation to a greater extent detailed shading financial loss by considering the influence from vegetation and large close terrain.82
The picture for the serenade "House of Cards
Lidar" by Radiohead
Lidarwas trust to be the first use of real-time 3D laser photography to accession a musical style video. The purview information in the video is not completely from a Lidar, as organized torchlight photography is as well used.
Recent broadening of Structure From Motion
LidarSFM technologies allows delivering 3D images and maps based on data extracted from visual and IR photography. The elevation or 3D data is extracted using multiple parallel passes over mapped area, yielding both visual light image and 3D structure from the same sensor, which is often a specially chosen and calibrated digital camera.


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December 15, 2010
LARRY A. FIELDS, PLAINTIFF,v.COLGATE PALMOLIVE COMPANY, DEFENDANT,
This matter comes before the Court on two motions: (1) Defendant Colgate Palmolive Company's ("Defendant") motion to dismiss ("Defendant's Motion to Dismiss"); and (2) Plaintiff Larry A. Fields's ("Plaintiff") cross-motion for leave to file an amended complaint ("Plaintiff's Cross-Motion"). On January 20, 2010, Plaintiff filed a complaint against Defendant ("Plaintiff's Complaint") in which Plaintiff alleged that Defendant failed to hired Plaintiff on account of Plaintiff's race, color, and sex. In addition, Plaintiff alleged in Plaintiff's Complaint and Plaintiff's Charge of Discrimination ("Plaintiff's Charge")*fn1 that Defendant subjected Plaintiff to a hostile work environment and wrongfully terminated Plaintiff's employment with Defendant. On June 15, 2010, Defendant filed Defendant's Motion to Dismiss. For the reasons set forth below, this Court grants Defendant's Motion to Dismiss and denies Plaintiff's Cross-Motion.
I. Statement of the Facts
Plaintiff is a 47 year-old African-American male. Defendant is a corporation with an office located in New Jersey. In October 2007, Adecco Employment Services, a temporary employment agency (the "Temporary Employment Agency"), placed Plaintiff in a temporary position with Defendant as a chemist. Plaintiff contends that Defendant "subjected [Plaintiff] to a hostile work environment" after Plaintiff began working at Defendant. On or about June 2008, Plaintiff applied for a permanent position as a chemist with Defendant. Plaintiff contends that Plaintiff was adequately trained for this permanent chemist position, and had already worked one year as a temporary employee in this chemist position.
In October 2008, Defendant rejected Plaintiff's application for the permanent chemist position. Plaintiff contends that Defendant gave the permanent chemist position to an outside applicant who, according to Plaintiff, was not trained for the permanent chemist position. Plaintiff asserts that Plaintiff was qualified for the permanent chemist position. Plaintiff states that Defendant did not hire Plaintiff for this position on account of Plaintiff's race, color, and sex.
On January 4, 2009, the Temporary Employment Agency notified Plaintiff that Defendant no longer required Plaintiff's temporary services. Plaintiff asserts that Defendant wrongfully terminated Plaintiff. Plaintiff believes that temporary employees continue to work at Defendant.
II. Legal Discussion
Standard on a Motion to Dismiss
When evaluating a motion to dismiss for failure to state a claim, the court is required to accept as true all allegations in the pleading and all reasonable inferences that can be drawn therefrom, and to view such allegations and inferences in the light most favorable to the non-moving party. See, e.g., Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949-50 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007); Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384 (3d Cir. 1994). A cause of action should be dismissed only if the alleged facts, taken as true, fail to state a claim. See Iqbal, 129 S. Ct. at 1950.
While a court will accept well-pled allegations as true for the purposes of the motion to dismiss for failure to state a claim, a court will not accept bald assertions, unsupported conclusions, unwarranted inferences, or sweeping legal conclusions cast in the form of factual allegations. See Iqbal, 129 S. Ct. at 1949; Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir.1997). On the contrary, "[t]he pleader is required to 'set forth sufficient information to outline the elements of [its] claim or to permit inferences to be drawn that these elements exist'." Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993) (citation omitted).
Plaintiff's Claim for Failure to Hire Is Dismissed Because Plaintiff's Claim Is Barred by the Statute of Limitations.
Because Plaintiff alleges a federal employment discrimination claim, Plaintiff needed to file
Plaintiff's Charge with the Equal Employment Opportunity Commission (the "EEOC") within 300 days of the alleged unlawful employment action. See 42 U.S.C. § 2000e-(5)(e)(1). As a result of this strict statutory requirement, Plaintiff was required to file Plaintiff's Charge within 300 days of the date on which Defendant allegedly wrongfully failed to hire Plaintiff. See Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113-14 (2002).
It appears that more than 300 days expired between the date on which Defendant failed to hire Plaintiff and the date on which Plaintiff filed Plaintiff's Charge. Plaintiff specifically alleges in Plaintiff's Complaint that the "discriminatory acts occurred" on June 1, 2008. Furthermore, an examination of Plaintiff's Charge establishes that Plaintiff waited until September 11, 2009 to file Plaintiff's Charge. Using these dates as guideposts, basic arithmetic reveals that Plaintiff was 167 days "late" in filing Plaintiff's Charge.
Even if this Court were to accept an alternative date as the date on which Defendant allegedly unlawfully failed to hire Plaintiff, Plaintiff's claim would still be considered fatally tardy. Plaintiff's Charge provides that Plaintiff was notified that he was not selected for the permanent chemist position in "October 2008." As a result, as Defendant points out in Defendant's Motion to Dismiss papers, Plaintiff could presumably assert that the allegedly unlawful failure to hire did not occur until some date in October of 2008. Even if Plaintiff raised this contention, however, Plaintiff's Charge would still be untimely. As Defendant notes, even if on October 31, 2008, Defendant notified Plaintiff that Defendant had not hired Plaintiff, Plaintiff would have been required to file Plaintiff's Charge on or before August 27, 2009. As mentioned above, Plaintiff did not file Plaintiff's Charge until September 11, 2009. As a result, even if this Court were to accept this later October 31, 2008 date as the date on which the alleged unlawful employment action occurred, Plaintiff's Charge would still be belated.
Plaintiff attempts to circumvent the untimely nature of Plaintiff's Charge by contending that Defendant's wrongful refusal to hire did not occur on either June 1, 2008 or on some date in October of 2008. Specifically, Plaintiff contends that Plaintiff did not actually believe that Defendant's refusal to hire Plaintiff was racially motivated until Plaintiff was notified on January 4, 2009 that Defendant no longer required Plaintiff's temporary employment services. Setting forth January 4, 2009 as the date on which the discriminatory act occurred, Plaintiff now contends that Plaintiff filed Plaintiff's Charge in an "absolutely timely" fashion. If this Court were to accept Plaintiff's proposed line of reasoning, Plaintiff would be correct: less than 300 days expired between the date on which Plaintiff now contends that Defendant wrongfully failed to hire Plaintiff (January 4, 2009) and the date on which Plaintiff filed Plaintiff's Charge (September 11, 2009).
This Court refuses to adopt Plaintiff's line of reasoning. Plaintiff's assertion that Plaintiff did not come to realize until January 4, 2009 that Defendant had discriminated against Plaintiff lacks factual support and appears wholly self-serving. Plaintiff explains why he believes the date on which Plaintiff was notified that he did not receive the permanent chemist position is not the proper date for purposes of evaluating the issue before the Court: "Although the application for a permanent position was denied on October 28, 2008 (without explanation) I nevertheless was led to believe that the application for [a] permanent position as a chemist would be favorably reconsidered in the near future."*fn2 Plaintiff's statement, however, is not supported by any evidence that Defendant ever indicated to Plaintiff that Defendant would reconsider Plaintiff's application. Plaintiff concedes that Plaintiff's belief that Defendant would reconsider Plaintiff's application stemmed exclusively from the fact that Defendant never specified that Plaintiff had performance problems in his part-time chemist position: "These hopes and beliefs that the job application would be favorably reconsidered was because there was no indication in the denial of my first application that I was not qualified nor had I failed to perform satisfactorily (in the position of chemist) from the date I was hired in October 2007 to the date of denial of my application on October 28, 2008."
In addition, this Court is puzzled as to how Plaintiff can argue that January 4, 2009 was the date on which Plaintiff came to believe that racial discrimination motivated Defendant's failure to hire Plaintiff. Plaintiff's Charge and the certification of Plaintiff, Larry A. Fields ("Plaintiff's Certification") all contain Plaintiff's own allegations that Defendant subjected Plaintiff to a discriminatory workplace well before January of 2009. For example, Plaintiff's Charge provides that "[Plaintiff] was subjected to a hostile work environment" after commencing temporary work with Defendant. Moreover, Plaintiff's Certification is riddled with allegations of a racially insensitive atmosphere in existence prior to January of 2009. For example, Plaintiff alleges that a supervisor and several employees of Defendant subjected Plaintiff to discriminatory animus immediately after Plaintiff submitted Plaintiff's application materials for the permanent chemist position in June of 2008.*fn3 Furthermore, Plaintiff concedes that the "humiliation . . . beg[an] in earnest . . . after [Plaintiff] submitted [Plaintiff's] application for a permanent position as a chemist [in June of 2008] . . . ."*fn4
These assertions by Plaintiff signify that Defendant exposed Plaintiff to the allegedly discriminatory atmosphere prior to January 4, 2009. As a result, this Court is not convinced by Plaintiff's self-serving assertion that the alleged unlawful employment action at issue occurred on January 4, 2010. On the contrary, this Court holds that the allegedly unlawful employment action in this case - Defendant's refusal to hire Plaintiff - occurred either on June 1, 2008 or on a date in October of 2008*fn5 .
Because casting either of the above dates as the date on which Defendant refused to hire Plaintiff renders Plaintiff's Charge fatally tardy, Plaintiff's claim for wrongful refusal to hire is dismissed.
Plaintiff's Claims for Hostile Work Environment and Wrongful Termination Are Barred Because Plaintiff Never Was an Employee of Defendant.
A plaintiff may sue a defendant for federal employment discrimination under Title VII of the 1964 Civil Rights Act ("Title VII") only where the plaintiff is an employee of the defendant. See Alexander v. Rush N. Shore Med. Ctr., 101 F.3d 487, 492 (7th Cir. 1996) (holding that "a plaintiff must prove the existence of an employment relationship in order to maintain a Title VII action . . . . ") (internal quotations and citations omitted). As a result, an independent contractor does not constitute an employee under Title VII. See Shah v. Bank of America, 346 Fed. Appx. 831, 833 (3d Cir. 2009) (citations omitted).
In this case, the Temporary Employment Agency assigned Plaintiff to
work with Defendant on a temporary basis. The Third Circuit has
previously ruled that when the Temporary Employment Agency*fn6
assigns an individual to work for an employer, that
individual does not become an employee of the employer. Shah, 346 Fed.
Appx. at 834. In Shah, the Temporary Employment Agency found the
plaintiff a temporary work assignment with a bank. Id. at 832. Ruling
that the plaintiff was not, in fact, an employee of the bank, the
court focused on the distinction between the plaintiff's relationship
with the Temporary Employment Agency and the plaintiff's relationship
with the bank: "The record demonstrates that [the plaintiff] worked
for [the bank] for fewer than four hours; that [the plaintiff]
continue[d] to receive work assignments through [the Temporary
Employment Agency]; that it [was] [the Temporary Employment Agency]
that assign[ed] [the plaintiff's] rate of pay; [and] that [the bank]
contacted [the Temporary Employment Agency] before terminating [the
plaintiff's] employment . . . ." Id. at 834.
In the matter at hand, Plaintiff's relationship with the Temporary Employment Agency - and Plaintiff's lack of a formal relationship with Defendant - signifies that Plaintiff was not an employee of Defendant. Plaintiff's Charge indicates that it was the Temporary Employment Agency - and not Defendant - that governed all aspects of Plaintiff's employment: "In October 2007, I was placed by Adecco ["the Temporary Employment Agency"] to work with [Defendant]." (emphasis added). Similarly, Plaintiff notes that Plaintiff "was notified by Adecco that [Defendant] no longer required [Plaintiff's] services." (emphasis added).
Plaintiff never worked as an employee of Defendant. As a result, Plaintiff's claims for hostile work environment and wrongful termination are dismissed.
III. Because Plaintiff Cannot Cure the Fatal Defects in Plaintiff's Complaint with the Filing of Plaintiff's Proposed Amended Complaint, Plaintiff's Cross-Motion Is Denied.
A court may refuse to grant a motion to amend a complaint where the proposed amendment would be futile. Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000) (citation omitted); Lorensz v. CSX Corp., 1 F.3d 1406, 1414 (3d Cir. 1993) (citation omitted). An amended complaint would be futile where the amended complaint would fail to state a claim upon which relief could be granted. In re Burlington Coat Factory Secs. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997) (citation omitted). A plaintiff cannot set forth assertions in an amended complaint that contradict statements made in the plaintiff's original complaint. See Burger v. Kuimelis, 325 F. Supp.2d 1026, 1031 (N.D. Cal. 2004) (acknowledging a circuit court's decision to uphold "the dismissal of an amended pleading that so contradicted the original pleading [that] it was a transparent attempt to conform the facts to the requirements of the cause of action") (internal quotations and citation omitted).
Plaintiff's attempts to amend Plaintiff's Complaint would be futile. Plaintiff cannot contradict the admissions Plaintiff made regarding the date on which Plaintiff's refusal to hire claim accrued - either June 1, 2008 or, at the absolute latest, on some date in October of 2008. Moreover, as referenced above, Plaintiff's Proposed Amended Complaint highlights the fact that Plaintiff acknowledged Defendant's allegedly discriminatory practices well before January 4, 2009. Specifically, Plaintiff concedes that Plaintiff was subject to a discriminatory workplace "[p]rior to January 4, 2009 . . . ." (emphasis added). In addition, Plaintiff contends that "[b]eginning shortly after Plaintiff submitted [Plaintiff's] application for permanent employment in June 2008 . . . [Plaintiff] . . . was the victim of racial slurs, racially charged speech, innuendo, harassment and discrimination." (emphasis added).
Moreover, with respect to Plaintiff's proposed claims of hostile work environment and wrongful termination, Defendant accurately states that "Plaintiff cannot plead around the admissions [Plaintiff] made in [Plaintiff's Charge] concerning [Plaintiff's] real employer and the nature of [Plaintiff's] relationship with [Defendant]." Because Plaintiff's prior admissions signify that an employment relationship never existed between Plaintiff and Defendant, Plaintiff's proposed claims for hostile work environment and wrongful termination are fatally flawed.
In short, Plaintiff cannot construct any viable claim against Defendant. As a result, Plaintiff's Cross-Motion is denied.
IV. Conclusion
In light of the foregoing, Defendant's Motion to Dismiss is granted. In addition, for the reasons set forth above, Plaintiff's Cross-Motion is denied.
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December 8, 2010
THE PEOPLE, PLAINTIFF AND RESPONDENT,v.SIMON MARCUS GONZALES, DEFENDANT AND APPELLANT
APPEAL from the Superior Court of San Bernardino County. Michael A. Sachs, Judge.
P. v. Gonzales CA4/2
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant and appellant Simon Marcus Gonzales was charged with one count of sexual penetration by a foreign object (Pen. Code, § 289, subd. (a)(1), count 1), one count of sexual penetration by a foreign object of a person under the age of 18 years (Pen. Code, § 289, subd. (h), count 2), and two counts of forcible rape (Pen. Code, § 261, subd. (a)(2), counts 3 & 4). A jury convicted him of count 2 and two counts of unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subd. (b)), the lesser included offense of counts 3 and 4. The jury deadlocked on count 1, and the trial court declared a mistrial as to that charge. Count 1 was subsequently dismissed on the People's motion. The trial court placed defendant on probation for a period of five years, including 270 days in county jail.
Defendant's sole contention on appeal is that the trial court abused its discretion in permitting the prosecution to impeach him with evidence that he previously committed a petty theft. We affirm.
Prosecution Evidence
The victim testified at trial that she was 15 years old in 2007. In July 2007, she took a class at a driving school and met defendant. After the class was over, she "found him on My Space," and they started communicating. Defendant told her he was turning 18 in August 2007, and she told him she was 15. They then started talking on the phone. The victim told him she was a virgin and wanted to remain so until she was married. Defendant said he respected that. They went on their first date at the beginning of August 2007 and became a couple. On defendant's birthday, August 21, they met each other at the movie theater in the afternoon. There were only two other people in the theater, and defendant decided that he and the victim should sit in the far back corner of the theater. During the movie, defendant started kissing her. The victim had her legs crossed, and defendant put his hand down inside her pants. She tried to keep defendant's hand away by keeping her legs crossed and by trying to take his hand and moving it. However, defendant was much stronger than her. He unbuttoned her pants and put his fingers into her vagina. The victim told him it was hurting, and he told her to uncross her legs. He eventually took his hand out of her pants, so she got up and went to the bathroom. She noticed a small blood stain on her underwear. After the movie, the victim was upset. Defendant asked her what was wrong, and then apologized. She told him it could not happen again.
About one month later, defendant and the victim went to see another movie. They left the movie early and went to the apartment where the victim lived with her mother. They went up on the roof of the building. They were lying on a blanket, looking at the stars, when defendant got on top of the victim and unbuttoned her pants. She told him, "'No. Stop it.'" However, he continued and pulled her pants down past her knees. She was struggling and kicking to keep him off her, but he pinned her down with his hands and body. He placed his penis in her vagina. The victim repeatedly told him to stop, and she started crying. When defendant finished, he got up and left as she laid there. The victim eventually got up and went back to her apartment. When she went to the bathroom, she found blood on her clothes. She did not tell her mother what happened, but instead tried to "pretend it didn't happen." Sometime after the rooftop incident, defendant apologized to the victim on the phone.
One afternoon in late October 2007, defendant came over to the victim's apartment to watch a movie. They started to watch, but then decided to go get something to eat. The victim went to her room to change her clothes, and her mother left to go to the store. The victim was in her closet looking for something to wear, when defendant came up from behind her and threw her on the bed. He again pulled her pants down, despite her resistance. He pinned her legs and told her to "grow up" and relax. He put his penis inside her vagina, even though she kept trying to get him to stop. After he was finished, he got off her and went to the bathroom. The victim was shaken up and crying. She noticed that her legs, inner thighs, and genital area were covered in blood. Defendant left the apartment. When her mother returned, the victim did not tell her what happened, but said she had just had her period. The victim testified that she never planned on telling anyone what happened. She was ashamed of herself and of being with someone who could do such things to her.
The victim continued to talk to defendant, but, in early November 2007, she broke up with him. At the end of the school year, the victim told one of her teachers that she had been raped. The teacher eventually convinced the victim to speak with the school resources officer, Deputy Williams. Deputy Williams subsequently had the victim make a pretext phone call to defendant, which was recorded. An audiotape of the call was played for the jury at trial. During the call, the victim talked to defendant about what had happened between them, and she asked him if he thought she wanted to have sex. He said, "I think--No--I mean no, I was just pushing the limit." When she asked him why he did it, if he did not think she wanted to, and he said, "I have no idea. I guess, I pushed and pushed and pushed until it happened." Defendant also said, "I know I kept going when you said 'no.' I knew that." "I just kept going just 'cause I wanted to."
Defense Evidence
Defendant testified on his own behalf. He said that he and the victim were boyfriend and girlfriend, and that the first time they had sex was on August 4, 2007. He said they went to the rooftop of the victim's apartment building, started kissing, and ended up making love. He testified that he never heard the victim complain or say no, and that he was not aware that she did not want to have sex.
Defendant then testified that on August 18, 2007, he went to the victim's apartment to celebrate his 18th birthday with her. The victim's mother made a pizza for him and baked a cake while he was there. Then he and the victim went into the victim's room. They were in her closet kissing, and he touched her vagina. He testified that the victim then took his fingers and inserted them into her vagina for a couple of seconds. They went downstairs to the apartment garage and started kissing. They both took off their own clothes, and then the victim asked him to stop. He stopped kissing her, told her he loved her, and started again. She said "no" again. He stopped again and talked to her, then started kissing her. After that, he did not hear the word "no" again, and they proceeded to have sex. Defendant testified that during the phone conversation that was taped, he was talking about this encounter in the garage. He also testified that on August 21, his actual birthday, he was working at a snack bar and was not with the victim.
On cross-examination, the prosecutor asked defendant if it was true that on May 1, 2008, he was caught shoplifting. Defendant said yes. He said he was cited by the store loss prevention person, and eventually admitted that he had committed the theft. The prosecutor went on to question defendant about his interview that he previously had with Deputy Williams. Defendant admitted that he told Deputy Williams a different date range of when he met the victim and dated her. He had told Deputy Williams that he met the victim at the driving school in June 2007 and started dating her that month, and in that same month, he and the victim went to the rooftop of the victim's apartment and had sex. However, on cross-examination, defendant said that none of that was true, and that he had not even met the victim in June. He then admitted that he told Deputy Williams that on his birthday, on August 21, 2007, he went to the victim's apartment to celebrate with her. However, he was wrong about being there on August 21. He admitted that now he was saying he went there on a different date to celebrate his birthday. The prosecutor kept confronting him about inconsistencies between what he told Deputy Williams and his testimony at trial. Defendant said he was confused about all the dates when he talked to Deputy Williams and, at the time of that interview, he answered the questions to the best of his recollection.
Rebuttal Evidence
Deputy Williams testified that she interviewed defendant on December 1, 2008. He admitted to her that he fondled the victim's vagina when they went to see a movie in late June, but he denied actually putting his fingers into her vagina. Defendant told Deputy Williams about the occasion when he and the victim had sex in the garage. He initially told Deputy Williams it was consensual. However, when she told him that she was listening in when the victim made the pretext phone call, he changed his story and said he heard the victim say, "no." He admitted that the victim did not want to have sex, but he said he talked her into it. Defendant told her that on August 21, 2007, he went to the victim's apartment for his birthday. He admitted that he was with the victim in the closet, and he placed his fingers inside her vagina.
The Trial Court Properly Admitted Evidence That Defendant Previously Committed a Theft
Defendant claims that the trial court abused its discretion when it allowed the prosecution to impeach him with the evidence that he committed a misdemeanor theft. We find no abuse of discretion.
A. Proceedings Below
Before defendant testified, defense counsel made a motion to exclude the evidence of the shoplifting incident. Defense counsel argued that defendant was charged with a misdemeanor, but ended up entering a plea to an infraction. Counsel claimed that because defendant admitted the theft to store personnel and the police, apologized, and entered a plea to an infraction, such actions "kind of lessen[ed] the impact on his credibility." Thus, counsel urged that the evidence should be prohibited under Evidence Code section 352.
The prosecutor argued that, under People v. Wheeler (1992) 4 Cal.4th 284, 295-296, a witness can be impeached with misdemeanor conduct involving moral turpitude. The prosecutor further asserted that since defendant was going to be taking the stand and presenting his version of the facts as true, as opposed to the victim's version, the People would use the evidence of his theft to call his credibility into question. The prosecutor assumed that defendant would admit the offense, which was very recent; therefore, the questioning would not take much time. Defense counsel conceded that the prosecutor's statement of the law was correct. The trial court agreed. It then stated that it had an obligation under Evidence Code section 352 to analyze whether the prejudicial effect of the evidence outweighed its probative value. The trial court recognized that the credibility of the victim and defendant was at issue, found this evidence relevant to the issue of credibility, and allowed the evidence in.
B. Standard of Review
"The trial court has broad discretion in determining the relevance of evidence. [Citation.] We review for abuse of discretion a trial court's rulings on the admissibility of evidence. [Citations.]" (People v. Harris (2005) 37 Cal.4th 310, 337 (Harris).)
C. There Was No Abuse of Discretion
"In determining the credibility of a witness, the jury may consider any matter that has a tendency in reason to prove or disprove the truthfulness of his testimony at the hearing." (Harris, supra, 37 Cal.4th at p. 337.) "Past criminal conduct involving moral turpitude that has some logical bearing on the veracity of a witness in a criminal proceeding is admissible to impeach, subject to the court's discretion under Evidence Code section 352. [Citation.]" (Ibid.) "Moral turpitude offenses 'include[] crimes in which dishonesty is an element (i.e., fraud, perjury, etc.).' [Citation.]" (People v. Cadogan (2009) 173 Cal.App.4th 1502, 1514.) Petty theft has been held to be a crime of moral turpitude for impeachment purposes. (People v. Waldecker (1987) 195 Cal.App.3d 1152, 1156.) Here, the trial court was well within its discretion in determining under Evidence Code section 352 that the evidence of defendant's prior misconduct was admissible. The trial court correctly noted that the defense in this case was going to be based significantly on the position that the victim had "fabricated at least one of the incidents." Since the defense would attack the victim's credibility, the credibility of defendant would also be put at issue. Defendant's past offense involved moral turpitude; it was thus admissible to impeach defendant. Moreover, we note that the petty theft was a recent offense, and that the current and impeaching offenses were completely different in nature. (People v. Green (1995) 34 Cal.App.4th 165, 183.) Therefore, there was no chance that the jury would convict him of the current offense, based on the past offense. The trial court properly determined that the probative value of the impeachment evidence outweighed any potential prejudice.
The judgment is affirmed.
We concur:
McKINSTER J.
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text:
gotta lotta love lyrics – ice-t
[ verse 1 ]
woke up the other mornin, i heard a rumor
they said the gang wars was over
i told em they was bullsh*ttin, they said it's real as h*ll
can't explain the way i felt
too many years i seen my brothers die
and i can't say that sh*t was really that fly
but i used to g*ngb*ng when i was younger
so it's really hard to tell a kid that he's goin under
i never thought i lived to see us chill
crips and bloods holdin hands, the sh*t is ill
but i love it, i can't help it
too much death on the streets, and we dealt it
van ness boys, the hoovers, the 60s
bounty hunters, 8-treys, all coolin out, gee
i pray the sh*t'll never stop
you used to see the wrong colors, and the gats went pop-pop
but now the kids got a chance to live
and the o.g.'s got something to give
that's love, black on black, that's how they made it
and if any busters flip, they get faded
l.a. is where i'm speakin of
peace to all the gangsters, cause i got a lotta love
[ verse 2 ]
i got a lotta love, cause you're all my brothers
red or blue, black's the color
we got a chance, so we can really sweat the real fools
show those m*th*f*ckas the real tools
check the enemy, it ain't the family
not 1-11, try l.a.p.d.
they gotta understand, they beat on a blackman
there's gonna be drama, know what i'm sayin?
and if we flip, let's all flip together
cause i'm prepared, kid, for rough weather
and we gotta realize, the boys on the east side
you call em s-a's, i call em allies
because the day that we all unite
watch the pigs get real polite
punk m*th*f*ckas gotta learn quick
that we ain't takin no more sh*t
l.a. is where i'm speakin of
peace to all the gangsters, cause i got a lotta love
[ verse 3 ]
crenshaw boulevard, sunday afternoon
folks sittin on things, mad systems boom
the girls are lookin better
the gang truce is on, so you wear whatever
at venice by the ocean
rag-top trey hits the three-wheel motion
there's gangsters all around
still crazy sets, but you just don't clown
i pray l.a. can stay this way
it's the first summer i can really say
i felt cool, we all chilled
went to the park, and n*body got killed
now if you got a problem, it's man on man
you don't need a gang to solve em
i seen the greatest thing i seen in my life
two brothers in a straight up fist fight
n*body pulled a gat, n*body jumped in
n*body pulled a knife, n*body got done in
l.a. is where i'm speakin of
peace to my city, cause i got a lotta love
[ verse 4 ]
g-a-t-e-s, i hope you wear a vest
even after you're out the f*ckin office
cause we're on a totally different tip
f*ck that pig brutality sh*t
this unity is gettin to me
every brother on the street is my homie
i'm rollin through a hood that i never been
and every brother steps to me as a friend
i love it, i love it
and nothin in my life will ever be above it
we wanna see our kids all grown up
we're tired of seein our hoods get blown up
l.a. is a great place
fly girls, dope cars, life at a fast pace
but g*ngb*nging was killin it quick
another child got hit – bullsh*t
pop-pop-pop, 10 on a weekend
we was goin off to deep end
but now we got a chance, my friend
to mend, and make the colors blend
let's all go out on a picnic, kick sh*t
and squash all the static
last year i lost about five homies
this sh*t is real to me
l.a. is where i'm speakin of
peace to all the gangsters, cause i got a lotta love
this is goin out to all the g*ngb*ngers
all over south central
all over l.a., basically
east l.a.
it's basically goin down
peace to all the crips and the bloods
van ness boys
rollin 60s
bounty hunters
and the jungle
this is goin out to all the brothers over there in watts
you know what i'm sayin?
throwin it up
grape street
nutty blocc
front hood
and all them n*gg*s out there in compton
rollin 30s
ah yeah
nickerson g's
inglewood family
18th street
south loc
and all the s-a homeboys
all the different sets
every set, crip, blood
what doesn't matter to me
cause i gotta love
you know what i'm sayin?
hope the truce never ends
we can do this


text: What are you most proud of? They were very happy with it. They knew that I had put a lot of thought into choosing the fabric. I would have been happier now if it was more structured - but I have a hard time with the structured quilts. So I was thinking more outside the box. What advice would you give someone starting this project? Just go for it.


text:
Fuse Creativity System Project Guide: Fun Party Themes, Idea for Handmade Cards, And More Paper Crafts from Fiskars
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Latest Comments
"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Bookworm Card
We are adding the craft to your Craft Projects.
The project was added to your Craft Projects.
Click here to view your Craft Projects.
Need a book club invitation, or a greeting card for a book-lover? Here's a fun design that uses scraps of paper and iron-on thread.
- Heart cutout card (or make your own with a die cut machine)
- Cardstock: Red, Cream, Green
- Red print papers: Sizzix Little Sizzles Classics
- Hole punch
- Fiskars Paper Edgers Scallop Wide
- Kreinik Iron-On #16 Braid: 6350 Green, 6301 Hosta
- Mini-Iron and Teflon presscloth or regular Teflon-coated Iron
- Definition: Dictionary.com
- Font: Courier
- Cut your red cardstock to the size of your card. Center your cardstock behind the heart cutout, and lightly trace the heart shape onto the cardstock. This will give you a reference for the edge of the window.
- Print and cut out your definition. Cut in an arc around the right side of the text. Use your hole punch to add "bite" marks around the edges. Position on your cardstock and attach.
- Cut strips of printed paper and attach in stripes above and below your text.
- Cut your "worm" shape from the green cardstock using the scallop edgers. Cut straight across the edge of your cardstock, then cut straight across again, 3/4" above your first cut, so that the scallops match. Trim your " bookworm" to fit across your heart shape and attach.
- Using your Iron-On Braid in 6350 Green, outline the stripes of printed paper and the "belly" of your bookworm. Use the 6301 Hosta to make two stripes along the top of the bookworm.
- Attach your cardstock to the inside panel of the card, so that your design shows properly through the heart window.
Kreinik threads available through needlework stores or www.kreinik.com.
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text:
Rabbi Kanievsky declares pot kosher - even for PassoverLeading haredi rabbi declares marijuana kosher for Passover, just months after Orthodox Union certifies cannabis as kosher.
Get out of jail free card? Cop walks free after drug convictionJudge cancels sentence, frees man accused of drug offenses after learning he is volunteer police officer.
Medical Marijuana to Be Legalized?Deputy Health Minister Litzman tells Knesset specialists will be allowed to prescribe medical cannabis.
Lapid: I Could Support Legalizing MarijuanaSurprise turnaround for former finance minister, after Lapid vehemently denied being involved in or promoting drug use in 2013.
Drug Smuggler Caught at Ben Gurion With Cocaine Soaked ClothesCreative criminal nabbed by police after trying to run liquid cocaine through Ben Gurion Airport, as Netivot marijuana farm busted.
Washington DC Gives Marijuana The Green LightPossession of up to an ounce in US capital decriminalized in new bill, fines drop from $1,000 to $25.
Amid Drop in Polls, Lapid Admits to 'Messing Up'Listing mistakes in year as finance minister, Lapid admits arrogance, denies smoking pot. 'I'm full of defects, but didn't smoke grass.'
Hebrew Press: Cannabis as a SymbolLikud MK shares his feelings on a controversial bill to legalize medical marijuana, which has hit the headlines in Israel this past week.
Minister: Law Would Turn Doctors into Drug DealersMedical marijuana debate continues, with Health Minister concerned over doctors' role if drug is made easier to obtain.
Report: Eleven More MKs Join Knesset 'Pot Party'According to a report on Channel Ten, at least 12 of the 120 members of the Knesset have smoked marijuana at some point in their lives
Marijuana Nursery Found in Hareidi Girls' SchoolTeachers and students at southern school did not recognize the funny smell from the bomb shelter.
Green Leaf: We'll Tell All on Pot-Using MK'sGreen Leaf – more commonly known as the "Pot Party" - said that it had plenty of information about Knesset members who use marijuana
Voters Backed Changes in Western ValuesObama was not the only victor Tuesday. Some states backed gay marriage and marijuana, mirroring a change in traditional values.
Washington, Colorado Legalize Recreational Use of MarijuanaFor the first time in history, the states of Washington and Colorado voted Tuesday to legalize the recreational use of marijuana.


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text:
- Product Details
Perfect for new parents celebrating the birth of their new baby, our Personalised Baby Vest - Made in England is a lovely gift. Not only can it be enjoyed in the present, it can also be kept as a keepsake to look back on and remember tiny hands and feet.
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