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United States District Court, Southern District of New York
March 31, 2003
GREGORY MORRIS, PLAINTIFFv.NEW YORK CITY DEPARTMENT OF SANITATION AND THE CITY OF NEW YORK, DEFENDANTS.
Plaintiff Gregory Morris ("Plaintiff" or "Morris") is a white male over the age of forty who is a former employee of the New York City Department of Sanitation ("DOS"). Morris brings this cause of action against DOS and the City of New York ("City" or "Defendant") alleging that his employer violated his rights under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act ("Title VII"), 42 U.S.C. § 2000e et seq., and New York State and New York City Human Rights Law s. Specifically, Morris claims that he was constructively discharged from his employment in July 1996 because of his race and his age.
Before us now is Defendant's motion for summary judgment on both claims and Plaintiff's cross-motion for partial summary judgment on his race claims. Defendant's motion to dismiss Plaintiff's claims as against the DO S is also before us.
Morris is a white male whose date of birth is April 14, 1947. On or about June 30, 1969, Morris began his employment with the DOS in the capacity of Sanitation Worker. Morris retired in July or August 1996; he alleges that his retirement was actually a constructive discharge. Over the course of his career, Morris took and passed several promotional civil service examinations which enabled him to be promoted through the DOS ranks. In September 1981, Morris was promoted to the title of General Superintendent I. The title of General Superintendent ("GS") consists of five levels, the first of which is the only one that is secured by passing a civil service examination. The other levels, which are deemed "managerial," may be reached only through a discretionary promotion within the agency. Morris was promoted to GS II in 1986 and to GS III in 1993. Prior to his retirement, Morris was the Assistant Chief of Collection Operations working out of the agency's Central Office. His salary in this position was approximately $89,000. During his employment with DOS, Morris' performance evaluations ranged from good to excellent. Plaintiff received a rating of "Very Good (-)" on his final performance evaluation in 1996. Additionally, over the course of his career with DOS, Morris received various commendations for his performance.
Morris' claims center around the events leading up to his retirement in 1996. Morris claims that in early May 1996, he met with Frank Landers ("Landers"), the Director of Bureau of Cleaning and Collection for DOS. According to Morris, Landers informed him that he was not in DOS' future plans and that the First Deputy for DOS, Michael T. Carpinello ("Carpinello"), wanted him to retire so that the agency could promote younger people. It is alleged that at around the same time, two other GS IIIs, Lou Scalzo ("Scalzo") and Jack Lorenzo ("Lorenzo") had similar meetings with Landers. In late May 1996, Morris met with Carpinello. Morris claims that Carpinello told him that his "management style" differed from what DOS wanted and that Carpinello wanted Morris to retire. Morris also claims that Carpinello told him that if he did not retire, he would demote plaintiff down two levels. Such a demotion would have reduced plaintiff's salary by approximately $25,000 and would have diluted his future pension benefits. Carpinello allegedly made the same threat of demotion to Scalzo and Lorenzo during May 1996. During July or August 1996, Morris, Scalzo, and Lorenzo all retired rather than be demoted.
Michael Hawkins ("Hawkins") is also an employee of DOS, and also holds the position of G S III. Hawkins is an African-American who is younger than Morris. According to Morris, Hawkins received a 1996 performance rating from DOS of "marginal" after one year in the position of Borough Superintendent. As a result, Hawkins w as temporarily removed from his command, retrained, and then reinstated.
On approximately February 18, 1997, Morris timely filed a charge of discrimination on the basis of age and race with the New York State Division of Human Rights. Such a charge is deemed to be simultaneously filed with the Equal Employment Opportunity Commission (EEOC). The EEOC determined that there was reasonable cause to believe that plaintiff was treated differently than a similarly situated employee, based on age and race. On approximately April 8, 1999, the Civil Rights Division of the United States Department of Justice issued Morris a Notice of Right to Sue. Morris then filed the instant complaint.
I. Defendant's Motion to Dismiss the Action Against DOS
Defendant moves to dismiss Plaintiff's claims against DOS because DOS is not a suable entity. That motion is GRANTED. Under Chapter 17, § 396 of the New York City Charter, "[a]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the City of New York, and not that of any agency, except where provided by law." N.Y. City Charter, § 396. Under this provision of the Charter, individual City agencies are not suable entities unless specified by law. See Jackson v. The City of New York Dep't (S.D.N.Y. October 7, 1996) No. 96 Civ. 5779 (MBM), 1996 U.S. Dist. LEXIS 14804, at *17. DOS is a City agency that has not been authorized as a suable entity by law. Thus Plaintiff's claims against DOS are hereby DISMISSED.
II. Summary Judgment Standard
Summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits . . . show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc. (1986) 477 U.S. 242, 247. The burden is on the moving party to demonstrate that no genuine issue respecting any material fact exists. Heyman v. Commerce & Indus. Ins. Co. (2d Cir. 1975) 524 F.2d 1317, 1320. We resolve all ambiguities and draw all inferences in favor of the party against whom summary judgment is sought. Eastway Constr. Corp. v. City of New York (2d Cir. 1985) 762 F.2d 243, 249, cert. denied (1987) 484 U.S. 918. The mere existence, however, of an alleged factual dispute between the parties will not defeat a motion for summary judgment. In order to defeat such a motion, the non-moving party must affirmatively set forth facts showing that there is a genuine issue for trial. Anderson, 477 U.S. at 256.
Discrimination cases such as this one call for extra precaution when deciding whether this "drastic provisional remedy should be granted." Gallo v. Prudential Residential Services, Ltd. Partnership (2d Cir. 1994) 22 F.3d 1219, 1224. In fact, summary judgment is "ordinarily inappropriate" in the context of a workplace discrimination case because the allegations usually require an exploration into employer's true motivation and intent for making a particular employment decision. Patrick v. LeFevre (2d Cir. 1984) 745 F.2d 153, 159. We abide by the Second Circuit's command that we carefully scrutinize affidavits and depositions for circumstantial proof which, if believed, would show discrimination. Gallo, 22 F.3d at 1224.
At the same time, our exercise of caution does not render summary judgment unavailable to a defendant in discrimination cases. McLee v. Chrysler Corp. (2d Cir. 1994) 38 F.3d 67, 68. When no rational jury could find in favor of the nonmoving party because the evidence to support its case is so slight, there is no genuine issue of material fact, making a grant of summary judgment proper. Dister v. Continental Group, Inc. (2d Cir. 1988) 859 F.2d 1108. Moreover, summary judgment will be entered "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Anderson, 477 U.S. at 247. See also Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir. 1985) ("To allow a party to defeat a motion for summary judgment by offering purely conclusory allegations of discrimination, absent any concrete particulars, would necessitate a trial in all [discrimination] cases.").
III. Employment Discrimination
The "ultimate issue" in an employment discrimination case is whether the plaintiff has met the burden of proving that the adverse employment decision was motivated at least in part by an "impermissible reason." Fields v. New York State Office of Mental Retardation & Dev. Disabilities (2d Cir. 1997) 115 F.3d 116, 119; Lapsley v. Columbia University-College of Physicians and Surgeons (S.D.N.Y. 1998) 999 F. Supp. 506, 513. A plaintiff may meet this burden by proving "pretext" under the analysis first enunciated in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 802. Alternatively, a plaintiff may meet the burden by using a "mixed-motives" analysis. See de la Cruz v. New York City Human Resources Admin. Dep't of Social Servs. (2d Cir. 1996) 82 F.3d 16, 23, cert. denied (1996) 519 U.S. 805. Either way, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff." Reeves v. Sanderson Plumbing Products, Inc. (2000) 530 U.S. 133, 143 (citation omitted).
The ADEA provides that it is "unlawful for an employer . . . to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." 29 U.S.C. § 623(a)(1). The Act protects persons 40 years of age or older. See id. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of "race, color, religion, sex, or national origin" by employers, labor organizations, and employment agencies. Title VII's proscription against race discrimination applies not only to historically excluded "minorities" but to all racial groups. See generally McDonald v. Santa Fe Trail Transportation Co. (1976) 427 U.S. 273. Our consideration of claims brought under the state and city human rights laws parallels the analysis used in Title VII claims and ADEA claims. See Tyler v. Bethlehem Steel Corp. (2d Cir. 1992) 958 F.2d 1176, 1180.
A. McDonnell Douglas Analysis
In McDonnell Douglas and Texas Dept. of Community Affairs v. Burdine (1981) 450 U.S. 248, the United States Supreme Court articulated a burden shifting analysis which courts must apply when analyzing discrimination claims. This analysis was revised by the Supreme Court in Reeves. First, the plaintiff must establish a prima facie case of discrimination by showing (1) membership in a protected class, (2) qualification for the position held, (3) adverse employment action, and (4) circumstances giving rise to an inference of discrimination. See McDonnell Douglas, 411 U.S. at 802-804; see also Reeves, 530 U.S. at 142. Once a plaintiff successfully makes out a prima facie case, we presume that the employer unlawfully discriminated against the plaintiff. See Fisher v. Vassar College (2d Cir. 1997) 114 F.3d 1332, 1335.
The burden then shifts to the employer to articulate a legitimate, nondiscriminatory reason for the employment decision. See McDonnell Douglas, 411 U.S. at 802. "Any legitimate, non-discriminatory reason will rebut the presumption triggered by the prima facie case. The defendant need not persuade the court that it was actually motivated by the proffered reasons." Fisher, 114 F.3d at 1335-36 (citation omitted).
If the defendant is able to provide evidence of a nondiscriminatory basis for the discharge, then the presumption of discrimination "drops out of the picture" and the burden shifts to the plaintiff to demonstrate, by a preponderance of the evidence, that the employer's presumptively valid explanation was merely a pretext for discrimination. St. Mary's Honor Ctr. v. Hicks (1993) 509 U.S. 502, 511; McDonnell Douglas, 411 U.S. at 804. In Reeves, the Supreme Court eliminated any distinction between evidence which the plaintiff uses to meet its prima facie burden of showing "circumstances giving rise to an inference of discrimination," and evidence which the plaintiff uses to meet its burden of showing that defendant's stated reason for it's dismissal is a pretext for discrimination.
The Supreme Court has held that "a reason cannot be proved to be `a pretext for discrimination' unless it is shown both that the reason w as false, and that discrimination was the real reason." St. Mary's Honor Ctr., 509 U.S. at 515. In the summary judgment context, this means that the plaintiff must establish a genuine issue of material fact either through direct, statistical or circumstantial evidence as to whether the employer's reason for discharging her is false and as to whether it is more likely that a discriminatory reason motived the employer to make the adverse employment decision. See Taggert v. Time Inc. (2d Cir. 1991) 924 F.2d 43, 46.
B. "Mixed-motives" Analysis
If the plaintiff establishes improper motivation with direct evidence, the defendant may present evidence that there were additional legitimate factors that affected the decision adverse to the plaintiff. See generally Price Waterhouse v. Hopkins (1989) 490 U.S. 228. If the defendant succeeds in convincing the trier of fact that legitimate factors as well as illegal motivation affected the decision, the case becomes one of "mixed motive." A plaintiff may establish a "mixed-motives" case by "convinc[ing] the trier of fact that an impermissible criterion in fact entered into the employment decision." Tyler 958 F.2d at 1181. In a mixed-motives case, the plaintiff must "focus his proof directly at the question of discrimination and prove that an illegitimate factor had a `motivating' or `substantial' role in the employment decision." Tyler, 958 F.2d at 1181 (quoting Price Waterhouse, 490 U.S. at 258). If a plaintiff demonstrates that a discriminatory motive is present, even if a legitimate motive also exists, the burden of proof, and not merely the burden of production, passes to the defendant. Price Waterhouse, 490 U.S. at 250. The defendant can then escape liability only by showing by a preponderance of the evidence that, even without the presence of the illegitimate factor, the decision would have been the same. Id.
IV. Plaintiff's Prima Facie Case
For the purposes of this motion, we find that Morris has made out the first three elements of a prima facie case of employment discrimination. First, at the time of his retirement, Morris was within a protected age group as well as a protected racial group: he is a white male over the age of forty. Second, Morris was qualified for the position he held: it is uncontested that during his employment with DOS, Morris' performance evaluations ranged from good to excellent, including a rating of "Very Good (-)" in his last performance evaluation. Additionally, over the course of his career with DOS, Morris received various commendations for his performance. Morris claims that the third requirement — that he was discharged — is satisfied because his retirement was actually a constructive discharge. To establish a constructive discharge, Morris must show that Defendant deliberately made his working conditions so intolerable that he was forced to resign. Stetson v. NYNEX Serv. Co. (2d Cir. 1993) 995 F.2d 355, 360; Pena v. Brattleboro Retreat (2d Cir. 1983) 702 F.2d 322, 325. Morris has alleged that Carpinello told him that if he did not retire, he would be demoted down two levels resulting in a salary reduction of approximately $25,000 and attendant dilution of future pension benefits. (Felix Decl., Ex. 3 at 72-74, 77-83). These allegations, if true, would be sufficient to "permit a rational trier of fact to infer that the employer deliberately created working conditions that were `so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign.'" Stetson, 995 F.2d at 361 (quoting Pena, 702 F.2d at 325). Compare Alfieri v. Sysco Food Services — Syracuse (W.D.N.Y. 2001) 192 F. Supp.2d 14, 24 (Plaintiff's resignation did not meet the test for constructive discharge: "she was not being threatened with immediate discharge, demotion, or a cut in pay, and her duties had not been changed") (emphasis added).
To raise an inference of discrimination sufficient to satisfy the fourth element of Plaintiff's prima facie claim, Morris must produce evidence that would lead a reasonable fact-finder to conclude either that his termination occurred because of his age/race or that Defendant regarded his age/race as a negative factor in such consideration. See Ouaratino v. Tiffany & Co.(2d Cir. 1995) 71 F.3d 58, 64; Hollander v. American Cyanamid Co. (2d Cir. 1990) 895 F.2d 80, 83.
Morris supports his age claim by offering evidence that Landers, one of the individuals involved in the decision making process, made inappropriate comments to Morris (as well as to Lorenzo and Scalzo, also white males over the age of 40) referring to each respective employee's age. (Felix Decl., Ex. 4 at 54-55, 64, 87; Felix Decl., Exs. 9, 10). These statements were allegedly made in conjunction with statements about DOS's desire to bring in "younger blood" and the department's desire that these employees retire to effect that goal. (Id.) Additionally, the age-related remarks were allegedly made in close proximity to threats of demotion if the employees did not cooperate by retiring. (Id.) Morris supports his race claim by offering evidence that Hawkins w as treated favorably as compared with Morris (as well as Scalzo and Lorenzo). Defendant argues that Morris fails to make out a prima facie case on either claim because he was replaced by another white male older than Morris. (Mem. of Law in Supp. of Defs.' Mot. for Summ. J. at 6 (hereinafter "Defs.' Mem. in Supp."); Tiliakos Decl. Ex. A at 101-102.) Morris does not dispute that he was replaced by a member of his protected classes, but he claims that this fact is not fatal. (Pl.'s Mem. of Law in Opp'n to Defs.' Rule 56 Summ. J. Mot. and in Supp. of Pl.'s Req. that Summ. J. be Granted on his Race Claims at 13 (hereinafter "Pl.'s Mem in Opp'n"); Felix Decl., Ex. 4 at 101-102). Both the Supreme Court and the Second Circuit have made it clear that a plaintiff is not required to show that he was replaced by someone outside of his protected class so long as he has presented some other evidence that gives rise to an inference of discrimination. See O'Connor v. Consol. Coin Caterers Corp. (1996) 517 U.S. 308, 313 ("In the age-discrimination context [an inference of discrimination] cannot be drawn from the replacement of one worker with another insignificantly younger"); Worowski v. Nashua Corp. (2d Cir. 1994) 31 F.3d 105, 108, 109 (plaintiff "not required to show that he was replaced by a younger, newly-hired employee" where he had uncovered some direct evidence of discrimination); James v. N.Y. Racing Ass'n (2d Cir. 2000) 233 F.3d 149, 153-154 (holding that a plaintiff must demonstrate employer's "preference for a person not of a protected class."). Where no evidence giving rise to an inference of discrimination has been presented, the fact that a plaintiff is replaced with an individual within his protected class undermines his attempt to establish a prima facie case of discrimination. See Carr v. Westlab Administration, Inc. (S.D.N.Y. 2001) 171 F. Supp.2d 302, 307; Bampoe v. Coach Stores, Inc. (S.D.N.Y. 2000) 93 F. Supp.2d 360, 371; Ticali v. Roman Catholic Diocese of Brooklyn (E.D.N.Y. 1999) 41 F. Supp.2d 249, 262; Umansky v. Masterpiece Int'l Ltd.(S.D.N.Y. July 31, 1998) No. 96 Civ. 2367(AGS), 1998 U.S. Dist. LEXIS 1175, at *3; Estepa v. Shad (E.D.N.Y. 1987) 652 F. Supp. 567, 570 n. 5 ("[U]nless a Title VII plaintiff is replaced by a member of a nonprotected class, proof of intentional discrimination appears extremely difficult, if not practically impossible.").*fn1
Thus, in order for Morris to satisfy the fourth element of his prima facie case for discrimination, he must produce some evidence of discrimination that is sufficient to raise an inference of discrimination. We find that he has done so for his age claim, but not for his race claim.
A. Age Discrimination
Morris claims Landers' comments constitute direct evidence of age discrimination. (Pl.'s Mem. in Opp'n at 34). Verbal comments constitute evidence of discriminatory motivation when a plaintiff demonstrates that a nexus exists between the allegedly discriminatory statements and a defendant's decision to discharge the plaintiff. Zhang v. Barr Labs., Inc. (S.D.N.Y. May 8, 2000) No. 98 Civ. 5717(DC), 2000 U.S. Dist. LEXIS 6237, at *13. See also Campbell v. Daytop Village, Inc. (S.D.N.Y. May 7, 1999) No. 97 Civ. 4362, 1999 U.S. Dist. LEXIS 6943, at *7; Ruane v. Continental Cas. Co. (S.D.N.Y. June 3, 1998) No. 96 Civ. 7153, 1998 WL 292103, at *8 (citing Spence v. Maryland Cas. Co. (2d Cir. 1993) 995 F.2d 1147, 1155). Not all comments will constitute direct evidence of discrimination. Many courts have held that stray remarks in the workplace, by themselves, and without a demonstrated nexus to the complained of personnel actions, will not defeat the employer's motion for summary judgment. See, e.g., Rush v. McDonald's Corp. (7th Cir. 1992) 966 F.2d 1104, 1106 (remarks must be relatively contemporaneous and must be related to the employment decision in question). Defendant denies that Landers ever made the alleged comments. (Felix Decl., Ex. 8 at 41.) For the purposes of this motion, we resolve the dispute in Plaintiff's favor. Defendant argues that even if Landers had made the alleged comments, they ought to be viewed as stray remarks and thus not sufficient evidence of discrimination. (Defs.' Mem in Supp. at 6.) We cannot agree. First, while the statements were not numerous, they were made by an individual with substantial influence over Morris' employment. See Owens v. New York City Housing Authority (2d Cir. 1991) 934 F.2d 405, 410. Moreover, the nexus between Landers' comments and Morris' constructive discharge is apparent: the comment was made during a discussion of Morris' future employment options — be demoted or retire — as well as DOS's alleged desire to change the composition of its workforce. (Felix Decl., Ex. 4 at 54-55, 64, 87; Exs. 9, 10.) Moreover, the comments were made only four months prior to Morris' retirement by a person who claimed to be meeting with Morris on behalf of one in a position to demote Morris. (Id.) For these reasons, we cannot dismiss these comments as stray remarks. Compare Castro v. Local 1199 (S.D.N.Y. 1997) 964 F. Supp. 719, 726 (dismissing comments as stray remarks but finding it significant that "the comments were not expressly directed at plaintiff") (citing Boyle v. McCann-Erickson, Inc. (S.D.N.Y. 1997) 949 F. Supp. 1095, 1102). Thus, Morris has presented some facts that the discharge occurred under circumstances giving rise to an inference of discrimination based on race. In so doing, he has satisfied the fourth element of his prima facie case on the age claim.
B. Race Discrimination
A plaintiff may establish the fourth element of a prima facie case of discrimination by showing that he was treated differently from "similarly situated" members outside of his class. See Mitchell v. Toledo Hosp. (6th Cir. 1992) 964 F.2d 577, 582-582 cited with approval in Shumway v. United Parcel Service, Inc. (2d Cir. 1997) 118 F.3d 60, 64. To be found "similarly situated," the other employee must be "similarly situated in all material respects." Mitchell, 964 F.2d at 583. In order to be "deemed `similarly-situated', the individuals with whom the plaintiff seeks to compare his/her treatment must have dealt with the same supervisor, have been subject to the same standards and have engaged in the same conduct without such differentiating or mitigating circumstances that would distinguish their conduct or the employer's treatment of them for it." Id. (citing Mazzella v. RCA Global Communications, Inc. (S.D.N.Y. 1986) 642 F. Supp. 1531, aff'd, 814 F.2d 653 (2d Cir. 1987)). Morris alleges that he and Hawkins were similarly situated because they both held the title of GS III and were both subject to the supervision of Landers and Carpinello. (Compl. ¶ 33.) This is not sufficient to prove the two employees "similarly situated." While both Morris and Hawkins were indeed GS IIIs and subject to the supervision of Landers and Carpinello, Morris held the position of Assistant Chief, Collection Operations while Hawkins held the position of Borough Superintendent. (Pl.'s Reply Mem. in Supp. of his Mot. for Partial Summ. J. on his Race Claims at 2 (hereinafter "Pl.'s Reply Mem."); Defs.' Reply mem. at 5.) There is no evidence in the record to suggest that these positions, or the duties and responsibilities required of each job holder, are sufficiently similar so as to render them "comparable positions." See Mitchell 964 F.2d at 583 n. 5 (declining to find "jobs at the same level in occupational hierarchy" comparable without more.) Moreover, Morris fails to make a showing — beyond conclusory statements — that the differentiating circumstance at issue here (i.e., each employee's time on the job) is sufficient to distinguish each employee's conduct or the D OS's treatment of each employee. (See Pl.'s Reply Mem. at 13-14.) Defendant explains that "Hawkins was inexperienced in his new position and thus was given time to improve his performance . . . [while] Carpinello and Landers had been provided with ample opportunity to observe plaintiff's management style and to reach the conclusion that plaintiff's approach was inconsistent with that of DOS." (Defs.' Reply Mem. at 6.) It is not the Court's role to second guess a decision that was based on Defendant's view of the work of its employees. See Montana v. First Fed. Sav. and Loan Ass'n of Rochester (2d Cir. 1989) 869 F.2d 100, 106 (the ADEA does not hand federal courts a "roving commission to review business judgments"); Meiri, 759 F.2d at 995 (courts "must refrain from intruding into an employer's policy apparatus or second-guessing a business's decision-making process"). Without affirmative evidence that Morris and Hawkins were similarly situated in all respects, we cannot find that Morris has presented sufficient evidence to raise an inference of discrimination. Morris' failure in this regard undermines his attempt to make out a prima facie case of race discrimination. See Bampoe, 93 F. Supp.2d at 371. Thus, the undisputed facts that Morris' replacement, as well as the two decisionmakers in the case, were also white become relevant to our consideration of the fourth element of the prima facie case. (Defs.' Reply Mem. at 5; Neal Decl. at ¶¶ 4, 7 and Ex. 1.) Where all decision-makers are members of a plaintiff's protected class, courts have found an inference against discriminatory intent.*fn2 See Zhang 2000 U.S. Dist. LEXIS 6237 at *21; Elrod v. Sears, Roebuck & Co. (11th Cir. 1991) 939 F.2d 1466, 1471. Taking the evidence as a whole, we can draw no inference of race discrimination, and Morris therefore fails to satisfy the essential fourth element of his prima facie case on his race claim. O'Connor, 517 U.S. at 313. Accordingly, Defendant's motion for summary judgment on the race claim is GRANTED and Plaintiff's partial summary judgment motion for same is DENIED.
V. Defendant's Burden to Show a Non-Discriminatory Reason for Discharge
Because we have found that Morris has made out a prima facie case in the age discrimination context, Defendant now has the burden to articulate a legitimate and non-discriminatory reason for Morris' discharge. See Burdine, 450 U.S. at 254-255. To satisfy this burden at the summary judgment stage, a defendant need not show that they made the most prudent choice, "but only that the reasons for its decision were nondiscriminatory." Davis v. University of N.Y. (2d Cir. 1986) 802 F.2d 638, 641. Defendant argues that Morris was discharged because he was not considered an efficient manager and that his management style differed from the management style that DOS was seeking. (Defs' Mem. in Supp. at 2, 3.) This explanation is not entirely persuasive, as throughout Morris' career, he received performance review ratings that never fell below "good" and his final review found him to be "Very good —." (Compl. at ¶ 27; Felix Decl. Exs. 11, 12, 13.) We find it difficult to reconcile Defendant's positive reviews of Plaintiff over the course of his lengthy employment with their ex post characterization of his work as inefficient. (Defs.' Mem. in Supp. at 2.) Nonetheless, whether Defendant's explanation is a credible one is a question of fact for a jury, and not one to be decided by this Court at the summary judgment stage.
VI. Plaintiff's Burden to Show Proffered Reasons are Pretextual
Because Defendant has articulated a legitimate non-discriminatory reason for its action, the burden shifts back to Morris to avoid summary judgment by producing evidence to indicate that his age w as the true reason for his discharge. See Gallo, 22 F.3d at 1224-25. Morris must show that there is a material issue of fact as to whether (1) the employer's asserted reason for discharge is false or unworthy of belief and (2) more likely than not the employee's age was the real reason for the discharge. See St. Mary's Honor Ctr. v. Hicks (1993) 509 U.S. 502, 516-517; Van Zant v. KLM Royal Dutch Airlines (2d Cir. 1996) 80 F.3d 708, 714; Gallo 22 F.3d at 1225; Woroski, 31 F.3d at 108-109. Morris essentially makes two arguments to support his claim that Defendant's proffered reason for his dismissal was mere pretext for the real reason, his age. First, Morris claims that Landers' remarks are direct evidence of age discrimination. We considered this argument in the context of Morris' prima facie case, supra, and found Morris has presented sufficient evidence to demonstrate that a material issue of fact and a nexus between Plaintiff's termination and the age-based comments have been demonstrated. See Blanke v. Rochester Tel. Corp. (W.D.N.Y. Feb. 5, 1999) No. 96 Civ. 6200L, 1999 WL 66006, at *3.
Second, Morris claims that Defendant's proffered explanation that he was an inefficient manager whose style was not compatible with the DOS' requirements is not credible because he had a good work history, evidenced by performance evaluations that were always above a rating of "good" as well as various commendations for his work. (Pl.'s Reply mem. at 13-14.) We find this argument persuasive. "Actions taken by an employer that disadvantage an employee for no logical reason constitute strong evidence of an intent to discriminate." Stratton v. Department for the Aging for the City of New York (2d Cir. 1997) 132 F.3d 869, 879 n. 6. See also Bullard v. Sercon Corp. (7th Cir. 1988) 846 F.2d 463, 466 (fact that an employee is fired without "good cause" may be evidence of discrimination in some cases); In re Lewis (6th Cir. 1988) 845 F.2d 624, 633 (Employer's decision to fire plaintiff "may have been so unusual or idiosyncratic as to shed light upon [its] motivation in firing here. The more questionable the employer's reason, the easier it will be for the jury to expose it as pretext."). Defendant has not explained why Morris would consistently and repeatedly receive positive performance evaluations if he was, as it now contends, an inefficient manager whose style was at odds with DOS's needs. Thus, we find that the evidence on which Morris relies is sufficient for a reasonable juror to conclude that DOS may have constructively discharged him because of his age. See Mesnick v. General Electric Co. (1st Cir. 1991) ("if the employer offers a shaky, hard-to-swallow reason for its actions, logic counsels that the plaintiff's . . . burden [to prove pretext] should become correspondingly lighter") cited with approval in Stratton 132 F.3d at 879 n. 6. Accordingly, Defendant's motion for summary judgment as to Morris' ADEA claim is DENIED.
Morris urges the Court to apply the "mixed motive" test set forth in Price Waterhouse. (Pl.'s Mem. of L. in Opp'n to Defs.' Rule 56 Summ. J. Mot. and in Supp. of Pl.'s Req. that Summ. J. be Granted on his Race Claims at 34 (hereinafter "Pl.'s Mem. in Opp'n.) Because we have decided Defendant's motion for summary judgment on the age claim under the more restrictive McDonnell Douglas analysis we do not now need to consider the matter under the "mixed motive" test.
For the foregoing reasons, it is hereby ORDERED that
Defendant's motion that Plaintiff's claims as against DO S be dismissed is GRANTED.
Defendant's motion for summary judgment on the race claim is GRANTED. Plaintiff's partial motion for summary judgment on same is DENIED.
Defendant's motion for summary judgment on the age claim is DENIED.
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Alex ...graduate student at Harvard University, I developed a new technology for the molecular profiling of biological tissues. After graduating from Harvard, I was selected as a Translational Fellow at the Research Laboratory of Electronics (RLE) at MIT, where I continued the development of this patent-pending technology. I recently started a company to move this patent-pending...
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Sexually transmitted diseases, including HIV, seem to be running rampant in Australia.
While Queensland Health says the number of reported HIV (human immunodeficiency virus) cases in the state is climbing, health authorities of Newcastle, the port city, are warning of an alarming spike in gonorrhoea cases.
AdvertisementThere were 178 new cases of HIV reported in Queensland last year compared with 166 the year before.
Queensland's chief health officer Jeannette Young says the figures are worrying.
"That's the highest number that's ever been reported," she said.
Men made up 88 per cent of reported cases last year.
The highest notification rates were in the 25 to 34 age group.
Dr Young says the increase may be due to an aggressive campaign encouraging gay men to be tested.
However, she says now that treatments are available, people are more complacent about the importance of safe sex.
A new national HIV strategy will be considered by the Australian Health Ministers' Conference next month.
Meantime there are reports of a major increase in the number of people with Gonorrhoea in the port city of Newcastle this year. Hunter New England Health, a government agency, is urging people to have regular sexual health checks and to practise safe sex.
Gonorrhoea is a sexually transmitted infection (STI). To date there have been 41 cases for 2010 compared to 9 for the same period in 2009, 29 cases in 2008 and 13 cases in 2007.
HNE Health Director of Sexual Health Dr Treeny Ooi said the majority of people affected were young men and women in their teens or twenties.
"Men who have sex with men have been identified as a group particularly at risk however heterosexual people have also been infected," Dr Ooi said.
"Gonorrhoea often causes no symptoms and people may not be aware that they are infected. When symptoms are present, they can include discharge from the penis or vagina and pain when passing urine or during bowel motions.
"Untreated Gonorrhoea can cause serious and permanent health problems in men and women. It can cause painful infection in the testicles or fallopian tubes that connect the womb to the ovaries and may result in infertility."
A sexual health check for Gonorrhoea is a simple process and can be arranged with a GP or through the local sexual health clinic.
"Too many people are unwittingly infecting their partners and the only way to ensure that you do not have an STI such as Gonorrhoea is to have a sexual health check at your doctor," Dr Ooi said.
Condoms offer good protection against STIs such as Gonorrhoea and Chlamydia and are an important part of practising safe sex.
"There is a high awareness about the benefits of condom use but it can be a very different story when it comes time to put that knowledge into practice," Dr Ooi said.
"People often don't consider themselves at risk or find it embarrassing to talk about using a condom with their partner.
"People can help themselves and their partners by making condom use normal, and not something that has to be requested.
"If you are sexually active, it is essential to use condoms and have regular sexual health tests at your GP or sexual health clinic so that you know you're STI free," Dr Ooi said.
Source: Medindia
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Play new, easy to use implementation ofclassic Chess with many capabilities!• Seven levels of difficulty: novice to grandmaster• Possibility to set up your own starting position on board (singleplayer only)• Full undo (single player only)• Chess puzzles: learn some tricks• Several sets of chess pieces and boards• Play ONLINE with friends or random opponents• Online games are saved on server (note: your game is saved forone week; if you don't make you move for one week, you lose thematch)• Ratings and achievements• Hot seat: play with friends using one device
Jogo's Chess Puzzles FREE 2.1.9 APK
Do you like chess puzzles? Then check yourchess skills by solving our chess tasks! Train your tacticalability by solving over 385.000 mate and tactics problems.The goal of all chess puzzles is to checkmate your virtual opponentno matter what moves they make (i.e. a forced mate), in therequested number of moves. Some chess puzzles are created fromactual chess games played online, and some are purely composedchess problems, sometimes even with positions that cannot bereached in a real game of chess.There are collections for novice and begginers, also for advancedplayers and for experts. Everyone out there will find hiscollection.But don't forget, we are searching not the winning solution, butthe best and probably shortest solution..This is only a trial version. Full version you can find at:Full versionNew in release♝ All puzzles are checked with computer engine♝ Users will get an answer to their reports direct in app♝ You can mark your friends with nick♝ A lot of small issues were fixedFEATURES♜ Three difficulty levels (beginner, advanced, expert)♜ Puzzle is generated randomly from selected collection♜ More then 385.000 puzzles in 12 collections♜ You can have more than one try♜ After solved/not solved puzzle, board is changing into analyseboard♜ You can analyse your daily puzzles♜ All puzzles are offline. No internet connection required♜ Statistic card to track your progress♜ Share your statistic with friends♜ Collections contain Mate in 1, Mate in 2, Mate in 3, Endgamespuzzles, Tactics puzzles, Openings puzzles, Studies and chessproblems♜ Will try to fix all found and reported issues with report tab ina weekCOLLECTIONS♛ Auerswald Collection of middle game tactics with 2253 puzzles forexpert players♛ Wtharvey Collection of middle game tactics with 1292 puzzles forexpert players♛ Most Important Positions and ideas with 259 puzzles for expertplayers♛ "Mate en Dos" puzzle collection and chess problems collected byEduardo Sadier, Argentina with 124715 puzzles for expertplayers♛ Practicall engame trainings puzzles with 368 puzzles for expertplayers♛ Engame studies with 37464 puzzles for expert players♛ Collection of tactics from chess openings with 1746 puzzles foradvanced players♛ Mate in 3 puzzless from real played games with 14171 puzzles foradvanced players♛ Mate in 2 puzzless from real played games with 42885 puzzles foradvanced players♛ Engame puzzles with 301 puzzles for advanced players♛ Mate in 1 puzzless from real played games with full pieces boardwith 148138 puzzles for beginner players♛ Mate in 1 puzzless for absolute novice in chess with only a fewpieces on board with 14521 puzzles for beginner playersLANGUAGES♟English♟German♟Slovak♟if you wish to extend app with another one, please contactme...KEYWORDSchess, puzzles, free, trainer, tactic, strategy, endings
Chess Tactic Puzzles 18.104.22.168 APK
Do you want to get better at chess, improveyour tactical vision or simply train your brain? Then this app isthe perfect choice for you!- You will play a huge collection of mates, endgame studies,opening traps and practical chess positions. Just like in realgames, you never know what you will get.- Your tactics rating will be constantly measured. The betteryou are, the harder the puzzles will get. You can also track yourperformance with a rating graph.- The computer engine Stockfish 7 will help you analyze thepuzzles. This chess engine is among the strongest in the world andmuch stronger than the best human chess grandmasters.- A simple layout will let you focus on the important. Simplyslide to the right with your finger to analyze the previous tacticpuzzle.It doesn't matter if you are a beginner at tactics or a chessgrandmaster, this app will keep you happy for a long time!With this app you can...- Play over 20,000 selected chess puzzles- Use a big board that covers the whole screen- See the opponent reply if you play a wrong move- Analyze the tactics with the chess engine Stockfish 7- Play without an Internet connection- Enjoy a wide variety of chess tactics for all difficultylevels- Keep track of your progress with a performance-based Elorating
Chess Coordinate Training 1.3 APK
Chess Coordinate Training is an app designedto increase the skill of recognising the squares on the chessboardaccording to its coordinate. The skill of quick squares recognitionis crucial during the process of learning how to play chess orwhile polishing your chess skill, because most of the courses andchess-related books are using the algebraic notation to determinethe position of the chess pieces. This ability is also extremelyimportant while analysing games of other players, which are mostlyusing chess coordinate.The gameplay is very simple: A square name appears on the screenand you must point out the correct one. You have 30 seconds toindicate as much squares as possible. You have the option to playas white, black or to choose randomly from those two. The are twogame modes: with or without chess pieces.To-do list:-Stats-High score-Better UI for tablets-Landscape mode-Chessboard colour scheme-Chess pieces appearanceDownload now and become the chess wizard today!
Perfect Chess Trainer Demo 1.59.1 APK
With Perfect Chess Trainer you will never needanother chess training software. Play the immortal games of yourchess hero move by move and see how well you do or just relax whilereading a chess book in PGN format with the integrated PGN viewer.+4000 games of all world champions and the current Top 20 included,more than 6200 tactics puzzles included and you can always add yourown training material in PGN format.Key Features:- Guess the move- Blunder analysis (PCT analyses your games then creates a reportand tactics puzzles from them)- Train Tactics (automatically adapts to your weaknesses!)- Train endgame positions vs engine- Train Openings- Memorize games- Study courses- Opening Explorer- Intelligent scoring system- View PGNs- and best of all: you can use any PGN file for trainingThe Demo version has following limitations:- Only 5 games of Magnus Carlsen included- Only 20 tactics included- Only 10 endgame positions included- Only 3 games for the memorize game mode included- Only 5 openings included- Basic pawn endgames course only 3 lectures included- Basic checkmates course only 3 lectures included- Loading your own PGN files deactivated- Paste PGN from clipboard deactivatedTo remove all limitations buy the full version here:https://play.google.com/store/apps/details?id=com.mbartl.perfectchesstrainer.androidSee also my new app Perfect Chess Database:https://play.google.com/store/apps/details?id=com.mbartl.perfectchessdatabase.android
Chess Tactics for Beginners 0.9.6 APK
This course is based on a bestseller by theexperienced coach Sergey Ivashchenko which became a sort of chesspublishing sensation and sold over 200,000 copies. More than 1300training exercises are intended for beginners, both children andadults. Elementary and simple tasks (1-, 2- and 3-way) are used asteaching material.This course is in the series Chess King Learn(http://chessking.com/guide/android/), which is an unprecedentedchess teaching method. In the series are included courses intactics, strategy, openings, middle game, and endgame, split bylevels from beginners to experienced players, and even professionalplayers.With the help of this course, you can improve your chessknowledge, learn new tactical tricks and combinations, andconsolidate the acquired knowledge into practice.The program acts as a coach who gives tasks to solve and helpsto solve them if you get stuck. It will give you hints,explanations and show you even striking refutation of the mistakesyou might make.Advantages of the program:♔ High quality examples, all double-checked for correctness♔ You need to enter all key moves, required by the teacher♔ Different levels of complexity of the tasks♔ Various goals, which need to be reached in the problems♔ The program gives hint if an error is made♔ For typical mistaken moves, the refutation is shown♔ You can play out any position of the tasks against thecomputer♔ Structured table of contents♔ The program monitors the change in the rating (ELO) of the playerduring the learning process♔ Test mode with flexible settings♔ Possibility to bookmark favorite exercises♔ The application is adapted to the bigger screen of a tablet♔ The application does not require an internet connectionThe course includes a free part, in which you can test theprogram. Lessons offered in the free version is fully functional.They allow you to test the application in real world conditionsbefore releasing the following topics:1. Mate in 11.1. Rook checkmates1.2. Queen checkmates1.3. Bishop checkmates1.4. Knight checkmates1.5. Pawn checkmates1.6. Mate in 12. Winning material2.1. Gain a rook2.2. Gain a knight2.3. Gain a bishop2.4. Gain a queen3. Draw4. Mate in 24.1. Double check4.2. Queen checkmates4.3. Rook checkmates4.4. Knight checkmates4.5. Bishop checkmates4.6. Pawn checkmates5. Sacrifice material5.1. Queen sacrifice5.2. Rook sacrifice5.3. Bishop sacrifice5.4. Knight sacrifice6. Gain a piece6.1. Gain a rook6.2. Gain a knight6.3. Gain a bishop6.4. Gain a queen7. How to proceed?
Chess Pro 1.1 APK
Chess is a two-player strategy board gameplayed on a chessboard, a checkered game board with 64 squaresarranged in an eight-by-eight grid. It is one of the world's mostpopular games. Each player begins the game with 16 pieces. It ishaving very good UI and many new features in our new chesspro.There are many features that has been added to our game are asfollows :->> Play (Play verses Android)>> Practice- Where in you can go and do your own practicefor the chess and improve your skills.>> Puzzles which has different puzzles in Chess to be solvedby you.>>Preference - Where in you can go and set the appearanceof your chess board according to your own choice and taste.Have fun playing this awesome game.
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Board Games 2.14 APK
With BOARD GAMES you can enjoy all-time gameswithin your android, with an accurate design and playability.Current boards available:-Backgammon-Parchis-Parchis for 3-Snakes and Ladders-Goose's GameMore games coming soon!!!There are many of options:-Different AI levels (none tricks)-Different variants-Three different ways to select pieces-Board zoom and auto zoom-Different playing speeds for pieces and dice-Landscape mode-...Permissions are used for add platforms, application doesn't useany personal information. If you prefer to doesn't have ads we havea pro version without ads and with some more surprises.Do you want 'Board Games' in your language? you can contributeto translate it or correct current translations, it will be veryappreciated:http://www.getlocalization.com/juegosdetablero/Please, notify bugs, error translations, ideas... tohttp://juegosdetablero.idea.informer.com/
모두의마블 for Kakao 1.9.76 APK
[역대급 신규맵! '수상도시' 업데이트]▶ NEW '수상도시맵' 업데이트!내 랜드마크로 상대를 한방에 슬라이딩!끝날 때까지 끝이 아닌 역전승부! 더 짜릿하게 즐겨보세요!▶'맵 선택 다운로드'로 원하는 맵만 쏙~쏙!용량 걱정은 더 이상 NO! NO!원하는 맵만 쏙쏙 골라 다운로드 받고 더 빠르고 쉽게 모마를 만나보세요!▶'블루투스 매칭' 개선으로 다함께 모마 한판!이제 모든 기기 구분 없이 블루투스 매칭 지원!다른 기기를 사용하는 친구, 가족들과도 손쉽게 모마로 뭉쳐보세요!▶개선된 '인터페이스'로 더 직관적으로!한 눈에 들어오는 캐릭터 능력치 비교와 강화 시스템!더 편리해지고 친절해진 모마와 함께하세요!이 외에도 새롭게 단장한 모마의 매력에 빠져 보아요~!------전세계 2억명이 즐기는 모두의마블!장난감 세계, 신의 세계, 마법의 세계, 그리고 이제 수상도시에서도 투자왕이 되어보세요!주사위를 굴리기만 하면 누구나 즐길 수 있는 쉽고 재미있는 게임~친구들과 함께 모험하는 즐거움을 느껴보세요.이미, 주사위는 던져졌다! 지금 바로 모두의마블로 GO GO~~[게임특징]▶ 신규맵'수상도시'부터 한국, 전세계, 우주여행, 신의 손, 마법의정원까지! 총 12개의 맵 ◀모마에는 취향대로 골라먹는 재미가 듬뿍~대한민국의 다양한 명소부터 미국의 자유의 여신상까지! 곳곳의 랜드마크 건설하기!끝 없는 우주를 탐험하고 테마파크에서 나만의 멋진 놀이동산을 만들기!요새를 파괴하면 승리~ 요새섬멸전에서 진짜 전투하기!친구와 협동하여 좀비킹을 처치하는 신개념 좀비맵!신과 대결할 수 있는 차원이 다른 블록 전략 즐기기!신비로운 분위기의 마법의 정원에서 공간지배 마법 발동!아슬아슬 위험천만 얼음동굴에서 시원한 한방 파산승리!대박보상과 방해물이 가득한 인형뽑기에서 짜릿한 한판 승리!끝날때까지 끝난게 아니다! 수상도시에서 역전에 역전을 거듭해보세요!▶ 주사위와 카드로 즐기는 국민 캐주얼 보드 게임 ◀주사위를 굴려서 지역을 모두 소유하고 최고의 부자가 되어 보세요!지역을 뺏고 뺏기는 짜릿한 긴장감!▶ 각양각색 개성 만점 캐릭터들 ◀듀얼능력치를 가진 믹스프시케와 믹스미라쥬! 스쿨드, 울드, 베르단디! 신화속 여신 총출동!다채로운 개성과 능력을 가진 캐릭터들과 다함께 모험을 떠나보아요~▶ 게임을 더 유리하게 도와줄 행운아이템 ◀다양한 능력의 행운아이템으로 판도를 바꿔보세요!출발점에서 거꾸로 갈수도, 단숨에 세계여행으로도 갈 수 있는 강력한 기능들이 기다리고 있어요!▶30일간의 '세계여행'으로 S+신규캐릭터 획득!◀여행지마다 숨겨진 보물을 찾으러 세계여행 출~발!한달 간의 여행을 완료하고 대박 보상들을 마음껏 누려보세요!※ 네트워크 게임으로 WIFI, 3G 접속 상태에서 즐기실 수 있습니다.※ 유료 아이템 구매 시 별도의 요금이 부과됩니다.■ 상품 정보 및 이용 조건 안내 ■- 공급자 : 넷마블게임즈(주) 대표이사 권영식- 이용조건 및 기간 : 게임 내 별도 고지된 내용에 따름(사용기간이 표시되지 않은 경우, 서비스의 종료일까지를 사용기간으로 간주)- 결제금액 및 방법 : 상품 별 별도 고지된 결제금액 및 결제방법에 따름(외화 결제 시 환율 및 수수료 등으로 인해 실제 청구금액과 다를 수 있음)- 상품지급방식 : 게임 내 구매한 아이디(캐릭터)로 즉시 지급- 넷마블 고객센터 : 1588-3995 (평일 오전9시~오후6시 상담가능)- 최소사양 : CPU 듀얼코어 1.2GHz, Ram 1GB----개발자 연락처 :02-1588-3995서울시 구로구 디지털로 300 지밸리비즈플라자 20층사업자 번호 : 105-87-64746통신판매업 번호 : 제제2014-서울구로-1028호----개발자 연락처 :02-1588-3995서울특별시 구로구 디지털로 300사업자 번호 : 105-87-64746통신판매업 번호 : 제 2014-서울구로-1028 호[New map class Past!Award city 'UPDATE]▶ NEW 'award city map' updates!Sliding on my herbal landmark opponent!Reverse game until the end and not the end! Enjoy morethrilled!▶ maepman want to 'map selection Download "Sok Sok ~!Capacity worry anymore NO! NO!Meet singles ssokssok maepman want to get faster and easier todownload all dry!▶ Everybody bout to improve dam 'matching Bluetooth!Now it supports all devices without a matching Bluetoothseparated!Friends who use other equipment, all united family and is also easyto see Maro!▶ more intuitively with improved 'interface'!Character stats compare enhanced system and one glance!Please becoming more convenient with friendly became MoMA!In addition to spy out the newly refurbished model towncharm!------Marvel's 200 million people all over the world to enjoy!Toy world, God's world, the world of magic, and now look at thisinvestment is king awarded the city!Just roll the dice fun and easy game that everyone can enjoy-Feel the joy of adventure with friends.Already, the dice was cast! Marvel as of right now, all GO GO~~[Game Features]▶ from the new map 'award Cities' Korea, world, space travel,the hand of God, to the magical garden! A total of 12 maps ◀Mae Mo is plenty of fun to eat selecting your preference ~From the various attractions of the Republic of Korea to the UnitedStates the Statue of Liberty! The construction of a landmarkaround!Explore the endless universe and creating awesome amusement park atthe theme park!When you destroy a fortress - to win the real battle in Fortseommyeoljeon!Zombie Kill Zombie King new concept map in cooperation with thefriends!The dimension that God can not block other strategic confrontationenjoy!Magic space dominated by invoking the magic of the mysticalatmosphere of the garden!Breathtaking victory in the dangerous but cool herbal broke the icecave!Jackpot Rewards and obstacle-filled doll draw in thrilling boutwin!It is not finished until the end! Please try again to reverse thereversed awarded the city!▶ ◀ board game with dice and casual people enjoying a cardRoll the dice owns all of the region and become the richest!Ppaetgo local ppaetgineun thrilling suspense!▶ ◀ out huge variety of unique charactersMix with a dual mind and ability Mirage mix! Skuld, Ould, verðandi!Chongchuldong mythological goddess!Everybody left the spy characters and adventures with a colorfulpersonality and ability -▶ help make the game more favorable luck items ◀Please change the dynamics of the various items are fortunateskills!At the start even go backwards, I'm waiting for their powerfulability to breath even go travel the world!▶ acquired a new character 'world tour' 30-day S +! ◀Travel the world in search of hidden treasure Each attractionsEx-feet!Enjoy complete the journey between the month and the unlimitedjackpot rewards!※ with network games can be enjoyed at the WIFI, 3Gconnection.※ Paid items will be charged separately at the time ofpurchase.■ ■ Product Information and Terms and Conditions Information- Provider: Net Marble Games Inc. CEO gwonyoungsik- Terms and conditions and duration: Follow the game on my separateinformation notices the(If the period is not displayed, it is from the end of the serviceperiod)- Payment amount and method: according to product-specific noticesseparate payments and payment method(Due to foreign currency exchange rates and fee payments may differfrom the actual charges)- Products of payment: immediate payment with my purchase ID game(character)- Net Marble Customer Service: 1588-3995 (weekdays from 9:00 am to6:00 pm counseling available)- Minimum specifications: CPU dual-core 1.2GHz, Ram 1GB----Developer Contact:02-1588-3995Guro Digital Valley not 300 beads in Seoul Plaza 20th floorBusiness Number: 105-87-64746Communication seller number: Formulation No. 2014- -1028 Guro,Seoul
Domino QiuQiu 99(KiuKiu) 1.3.4 APK
# Domino QiuQiu TOPFUN yang terbaik diIndonesia #Domino 99 ialah permainan tradisional yang banyak dimainkan olehmasyarakat di Indonesia. Dengan jutaan pemain ikut bersaingkecerdasan dalam menganalisa kartu dan keberuntungan. Berikutnyaialah kelebihan yang dapat membuat pemain-pemain kami merasanyaman, senang dan bahagia dalam bermain:- GRATIS semua dan selamanya- Banyak sekali kegiatan dalam game dan pasti hadiahnymenarik- Berkenalan dan membentuk komunitas pertemanan dengan banyakorang- Tampilan game yang sangat keren dan bagus- Fitur emoticon dan interaktif yang lucu dan local-Login cepat tanpa registrasiJadi tunggu apalagi, segeralah download dan mainkannya, Andaakan merasa hari hari luang anda akan terisi dgn kebahagiaan dankeseruan!Domino QiuQiu adalah permainan yg ditunjukan kpd orang dewasautk penghiburan aja. Permainan ini tidak pakai uang nyata, dantidak jamin akan menang dalam perjudian nyata juga.# Domino Qiuqiu TOPFUNthe best in Indonesia #Domino 99 is the traditional game played by many people inIndonesia. With millions of players compete in analyzingintelligence and good luck cards. Next is the excess that can makeour players feel comfortable, happy and unhappy in the play:- FREE all and forever- Many activities in the game and definitely interestinghadiahny- Make friends and form a community of friendships with manypeople- Display game that is very cool and nice- Features interactive and funny emoticons and local-Login Quickly without registrationWhat are you waiting, quickly download and play it, you'll feelthe spare time you will be filled with happiness andexcitement!Domino Qiuqiu is a game which is shown kpd the adult toconsolation wrote. These games do not use real money, and does notguarantee you'll win the real gambling as well.
Chess - Play & Learn 3.4.10 APK
Play chess with more than 10 million playersaround the world! Enjoy free unlimited games and improve your chessrating with 50,000+ tactics puzzles, interactive lessons andvideos, and a powerful computer opponent. Unlock your inner chessmaster today!PLAY CHESS- Challenge your friends and chat with opponents- Play real-time blitz or daily correspondence chessTACTICS PUZZLES- Solve more than 50,000 puzzles- Adjusts to your skill level to help you improveLESSONS- Thousands of videos and interactive lessons from topGrandmasters- Interactive tutorials with helpful tips and highlightsCOMPUTER- Adjust the computer's strength- Analyze your game to learn what went wrong… AND MORE- Daily articles by top authors and coaches like IM JeremySilman- Opening explorer helps you learn and play the rightopenings- Make friends & send messages- 20+ gorgeous themes for boards, pieces, and backgrounds- Detailed performance stats and ratings- Active community forumABOUT CHESS.COMChess.com is built by chess players and enthusiasts who really lovechess!Team: http://www.chess.com/aboutFacebook: http://www.facebook.com/chessTwitter: http://twitter.com/chesscomYouTube: http://www.youtube.com/wwwchesscomTwitchTV: http://www.twitch.com/chess
Rento - Dice Board Game Online 3.4.5 APK
RENTO is free business game. It is similar tooriginal game, but it has a slightly different rules.Trade lands, build houses, win auctions and most importantly - havefun. If you like Ludo - you will like Rento too :)The game is live MULTIPLAYER so you can play with your friendsremotely and also you can play versus players on ourhttp://BoardGamesOnline.Net website.You can play the game in 4 modes:-ONLINE (vs real people live)-SOLO (versus AI robots)-BLUETOOTH multiplayer with up to 4 players-Pass 'N Play (Pass the same device to others)Enjoy the first and only true online multiplayer business gamein the market.*** Please play on solid WiFi connection to avoid connectionproblems ***
Ludo King 1.3 APK
Ludo a is board game played between friends,family & kids. Recall your childhood!Ludo game that traces its lineage to 6th century India. Ludo isderived from game Pachisi. Ludo is also very similar to Spanishboard game Parchís.Ludo game has stayed popular throughout the ages, varying only alittle in its game structure. This persevering game is nowavailable for you to play in an all new modernized format, i.e. asa video game application.The game is played between 2 to 4 players and you have theoption of playing the game against the computer, against yourfriends, or even against people from around the world. Theobjective of the game is pretty straightforward; each player gets 4tokens, these tokens must make a full turn of the board and thenmake it to the finish line.Whoever gets all four tokens to the end first is the winner.However, each move can only be made based on the number decided bycasting a six-sided die, and each token can only move out of theirhome by casting a six. Additionally, the competition factor of thegames is upped by the fact that while moving if another player'stoken lands on the same square as your token, then your token willautomatically be sent back home and you'll need to roll a sixagain.Ludo King was a classic game that was played by kings and now itcan be enjoyed by you and your family and friends. While the gameplay might seem simple at first, the game is immensely enjoyableand challenging. You'll be playing this one for hours and its funfor the whole family. Try to beat your opponents and compete forthe highest scores on the leaderboards.
Backgammon Live - Board Game 2.1.137 APK
Backgammon Live is a free to play board gameand the best backgammon game on the store. Backgammon Live allowsusers from all over to world to play with each other and with theirfriends in a one on one online match.Backgammon which is also known as Tawla ot Tavla is a game ofskill and strategy and one of the world's classic parlour boardgames, played for recreation and as a gambling game, by playingBackgammon Live you will learn proper back gammon rules and improveyour back gammon strategy in two shakes of a lamb's tail! Withamazing and exciting features like Backgammon Tournaments, NitroGames, Play With Friends, Custom Dice Collection and many more thelargest bacgammon community in the world is waiting just foryou!Like us on Facebook and follow us for the latest news andfreebies• www.facebook.com/Live.Backgammon• www.twitter.com/backgammonlive• www.pinterest.com/backgammonlive• www.instagram.com/backgammonlive
Travelling Millionaire 1.8.1 APK
With more than 4.000.000 players,Travelling Millionaire is on Android devices as a FREE game!Travelling Millionaire is an online mobile strategy game thatyou roll your dice and build the most beautiful cities, famoushouses and landmarks of the world.Take rent from your opponents as much as you can with yourcharacter and lucky dice, become the richest player on the table.Play from anywhere using 3G, 4G or Wi-Fi with your friends andfamily and join the fun!You can chat with opponents with in game chat feature and buildnew friendships. You can invite your online friends to the game andclash with them.Download Now and Claim your FREE Reward! Playeveryday to win more in game rewards!*******************CHAT WITH REAL PLAYERSPlay with your Facebook friends or real players and chat with themto maximize the fun!*JOIN COMPETITIONGain points with every win, rise in weekly rankings!*PLAY IN DIFFERENT MAPSTry your luck in 7 different maps and have a unique gameexperience!*PLAY NOWStart playing in single player or team mode within seconds.******************SUPPORT:To report a problem about Travelling Millionaire or make asuggestion, you can contact us from firstname.lastname@example.com.


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