text:
The UN Security Council is set to hold a vote on a resolution authorising the deployment of monitors to Syria to oversee the ceasefire there.
A draft text was finalised by members on Friday and will be voted on in New York on Saturday, diplomats said.
However, it is not clear whether Russia - which has vetoed two previous resolutions - will back the text.
Envoy Kofi Annan has called for a team to be deployed immediately to ensure compliance with his peace plan.
Several deaths were reported on Friday despite the ceasefire, as thousands of protesters took to the streets across the country in fresh revolt against President Bashar al-Assad.
Mr Annan's plan aims to end over a year of violence in Syria which has killed over 9,000 people, mostly civilians.
'Very tough'
In New York, efforts to draft a text were hindered by disagreements between Russia and the US, which prevented a vote on Friday.
Diplomats revised a US-proposed draft on Friday to accommodate Russian objections, but Moscow is still not certain to back the text.
Russia's permanent representative, Vitaly Churkin, told reporters that there was "some good discussion" but he was not "completely satisfied" with the talks.
The text was to be sent to governments for approval overnight, and a vote is now expected at 11:00 local time (15:00 GMT) on Saturday.
"There was a negotiation, there is not yet an agreement," French UN Ambassador Gerard Araud told reporters. "It's very tough, but there will be a vote tomorrow in any case."
The resolution calls for the deployment of an advance team of 30 monitors. Additional approval will be required to increase the deployment to 250, the total which Mr Annan is seeking.
A spokesman for Mr Annan has said that a small group of observers is ready to leave for Syria as soon as a resolution is passed.
"At the moment we have the advance team standing by to board planes and to get there, to get themselves on the ground as soon as possible," Ahmad Fawzi said.
Earlier, President Barack Obama authorised an increase in US aid for Syria's "non-violent, political opposition", including communications equipment and medical supplies, officials said.
Shelling and shooting
On Friday, anti-government demonstrators in Syria poured out of mosques after Friday prayers in many areas, amid tight security precautions.
Activists said security forces fired into the air in many places to prevent or disperse protests. But in others, protesters were killed by gunfire.
"We tried our best to reach Assi Square in order to show the world the truth about the regime - they are lying and will not allow us to have big, peaceful demonstrations," Mousab Hamadee, an activist in Hama, told the BBC.
"As we approached Assi Square, they started opening fire on us. Two of my colleagues were martyred," he added.
The Local Co-ordination Committees (LCC), an activist network, said security forces had killed 13 people, including in Deraa, Hama and Idlib.
Activists have also said there has been a resumption of bombardments in Homs, although not on the same scale as before.
The state news agency, Sana, said an army officer was killed when a bomb exploded next to a military bus in Aleppo, and that a Baath Party official had been shot dead in Deraa province.
The BBC's Jim Muir in Beirut says the overall casualty figures for Friday, though they may be revised upwards, were very much lower than many had feared.
In general, he says, the ceasefire has brought a sharp drop in the level of violence and deaths but, with troops, tanks and heavy weaponry still deployed in and around population centres, it is still very fragile.


text:
2004 Cadillac DeVille QuestionsRefine by vehicle
Abs and traction light on cost to repair. Just had hub bearings replaced aND front roots and brakes.
When press on gas car will not go no more than 20 miles a hour
Sometimes if I open and close the door or hood the AC will come on. This occurs when I start the car.
It just stopped working.
The car shakes when we're in park what could the problem be and there's a little bit of vibrating as well
My interior lights stopped going out automatically so i took out the fuse thinking this would solve the problem I'm guessing it didnt
Bad sputtering sitting at red light or just idling,take off is a little rough like no gas is getting to the fuel pump?changed coil pack,boots,plugs still no change computer reads bad boot but I've replaced those,don't know what else to do,need to repair myself cause shops are ridiculously high for this type of car.please help.. TIA
It's not all the way of sum scratch
car smells hot but not overheating. Oil level will be fine. No white smoke. Had head gaskets fixed (I think, maybe ripped off by "Cadillac Dr" in youngstown oh) had oil changed and place told me that I had oil pan leak. Have 140,000 miles and don't want to spend alot more money. (gasket fiasco cost me 2,100$. One yr. warranty. After 1 yr. car started acting up again. Please reply at email (email@example.com)
Where is the power steering pump located?
i plan to just purchase a gas cap today. car runs perfect. i did forget to mention it has ALWAYS wanted to die when coming to a stop, or to slow for a dip, etc... since ive owned it, since 7-4-14. i have a lot more info i can relate, ie.... 5 sensors that have been changed etc...
thanks / Herb...

subset: commoncrawl


text:
Fayette Ag Service Inc
245 County Road 26 S Fayette, Alabama 35555(205) 932-5298
Print | Save | Directions
AboutFayette Ag Service Inc is located at the address 245 County Road 26 S in Fayette, Alabama 35555. They can be contacted via phone at (205) 932-5298 for pricing, hours and directions.
Fayette Ag Service Inc has an annual sales volume of 501K - 999,999. .For more information contact Jill Roberts, President
For maps and directions to Fayette Ag Service Inc view the map to the right. For reviews of Fayette Ag Service Inc see below.
You must Sign in to post reviews.
0 Reviews
Key Contacts
- Jill Roberts
- President


text:
Golden Thread
14K Gold Filled Sideways Heart Necklace
Regular price $65.00
By Gold Thread
The little sideways heart can be engraved with a single initial or a monogram. This exceptional Heart charm is 14 karat yellow gold-filled and measures approximately 10 mm. Comes with your choice of a 16 inch, 18 inch, 24 inch or 30 inch, 14 karat yellow gold-filled cable chain.
style 15-2


text:
Home ›
Al-Husn Gifts For Friends
84 items found
You can send Gifts For Friends to Jordan in the following cities.
What our Customers Say about our Service
"Last night I got a confirmation that the recipient received the cake and greeting card. I'm so glad that you solved the problem. I was considering for the next year to look for another company, but as you took care about the reported issue, surely I will come back to you for your services. Thanks a lot. Keep doing a good service, and take care of this kind of issues for future customers."
Gabriela A - Guadalajara, Mexico - Sep 21, 2015
"Mike called me today, all emotional and showed me the basket over Skype. He just returned from his business trip in NYC and found the gift at his door steps! I selected the exact gift he wanted, he is happy as a kid. Thank you!"
Irina - Moscow, Russia - Mar 13, 2013
"This is the second time I've used this service and both times it has been a great experience. They're easy to deal with, the items I've ordered were very fresh and great presentation and delivered exactly as requested. I'd recommend this company to anyone that is looking for International deliveries. The items I ordered were a Christmas basket and an Easter basket and with each occasion I also ordered fruit baskets."
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"I was very impressed with the service I received!! I wanted a special gift delivered to a special person in Turkey and this was accomplished thanks to all of you! The customer service was very professional and considerate. I was notified of every step and was also able to make substitutions due to delays, which were not due to the company. I don't know of a single other company that takes the time to personally call their customers to be sure a quality product is delivered and picked up in the same condition. Thank you all for your wonderful service :)"
Michelle - Oklahoma, USA - February 20, 2013
Read more testimonials or leave your feedback here.


text:
IIIII wrote:
So i applied for a Visa through my bank on their website and i got the 7-10 message does that usually mean i was declined? Or have people been approved after the 7-10 period?
Welcome to the forum. As creditwherecreditisdue always says...recon. A 7-10 days message doesn't mean decline. There may be a few things the computer picked that needs a closer look.
11-08-2009 08:15 PM - edited 11-08-2009 08:15 PM
Should i wait the 7-10 days for the letter before calling? Not sure why i wouldnt be approved.
I have good credit 700+ last time i checked. I already have a Discover More card with a 9500 CL, AmEx Gold and Chase Freedom with 5000 CL. Only balance i have is is on the Discover for 300 that will be PIF when the statement drops. No lates and no baddies.
You haven't let us know what product you applied for. Regardless it is OK to call.
Im sorry, its a Visa Platinum from Arvest Bank. I'll give them a call later today.
I received a 7-10 day response when I applied for both my Discover Motiva (recently changed to More) and Chase Slate (each of these apps were in the past month). I called immediately after receiving the 7-10 day response, and both times the rep said that there had been a decision on the application.
Both times were initially denied.
Both times I asked for a recon, gave additional information on why I wanted the card, explained old derogs (3+ years old) and
Both granted limits of $1500.
They were each concerned about the amount of recent inquiries....my excuse was that I had cards with other companies, and they just jacked my interest rates even after great usage and payment history - so I've shopped around for new CC lenders. Seemed to have worked.
Of course YMMV though
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text:
The Father's Day Fitness Challenge Results are IN!
Tech and Travel Go Hand in Hand for Summer
Are you Ready for NAS? NETGEAR makes storage sexy.
Adobe Elements is Perfect for the Lazy Blogger
And the Canary sings… a new song about home security
The Value of Sunshine in Your Backyard and All Over the World
The Importance of Wifi Wherever You Go
Meerkat is more than just a cute little mammal from Africa
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Medium | Female
Slide to see the images
Mom is a very sweet, calm cat.
If you are interested in one of the animals held by animal control you must act quickly. Call 615-797-9716 ASAP or email email@example.com. Your phone calls will be returned as quickly as possible. Space is limited at the facility. The minimum holding time required by the State of TN is 3 days if the animal does not have a collar on, 5 days if the animal has a collar on.


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- Description
Quick Overview
Biotique Kaajal Nourishing & Conditioning Eye Liner with Almond Oil is enriched with natural extracts and oil. Biotique Kaajal has a creamy texture and an intense black colour, just one swipe on the eyes is enough to get a nice pigmented black colour and two for the intense black look.
- The creamy texture makes it easy to apply without harming the eye.
- Promotes eyelash growth.
- It is made from natural extracts.
- Easy to apply.
Explore our entire range of Kajals here.
Expiry Date : March 2019
All our products are far from expiry, and procured directly from the brand/authorized resellers of the brand.
Badam (Prunus amygdalus), Bahera (Terminalia belerica), Harer (Terminalia chebula), Amla (Emblica officinalis), Mulethi (Glycyrrhiza glabra), Kapoor (camphor cinnamom), Anjan (Netranjan), Kaajal (Kaajal), Ointment Base Q.S.
How to use product
Apply a light line to the rims of the eyes, from inner to outer corners, for a soft smoky look. Darken line for a smouldering finish.
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By Sowmya
The mahal is very dark but easily smudges and doesn't last for the full day . It's natural and doesn't cause irritation or anything. It's worth the price thought
Posted on 12/3/2016
By Sonika Banerjee
Darkest ever Mahal but smudges a lot
It is a highly pigmented kajal but it starts smudging after 15 min, and gradually scatters allover the face. A single stroke is enough for application.
Posted on 11/23/2016
By Jayita Roy
It's herbal and that's the reason why I bought it. A fine product, smudges off and opaque is just average.
Posted on 11/10/2016
By srish
It has a smooth consistency, glides on easily but the only issue with this kajal is that it smudges a lot which for some people turns out to be a positive point as it helps them create that perfect smokey eye look.
Posted on 11/7/2016
By poonam sakala
Jet black in color but super smudgy. The kajal starts wearing out in almost an hour. No staying power. I doubt if I'll be able to even finish this one stick.
Posted on 11/5/2016
By Anooja Jayakumar
The product is really good. Lasts for a really long time. It does get spread some times but I still love it.
Posted on 11/4/2016
By Vijaya M S S
Easy to apply and creamy but transfers and smudges on touch.
Posted on 11/1/2016
By Divyaangi Nandkeolyar
Blends well, good ingredients, pocket friendly but bleeds and smudges so be careful.
Posted on 10/29/2016
By shrev siv
Yes definitely gives u darkness in one coat of application but smudges.
Posted on 10/27/2016
By Prachi Mishra
It's all natural. can be used on waterline as well as lash line.
• No itching and irritation. Best for sensitive eyes.
• Smudge proof for 6 hrs and best for ₹100 only.
• Can be doubled up as kajal, eyeliner, eye shadow.
• No tears while application. smooth creamy texture.
• Best for teenagers, working girls and everyone.
Posted on 10/22/2016
Ask Nykaa (0)
Have a question on this product? Write a question and earn 100 reward points.Q.Please suggest a kajal that is safe for children.Question by: Ajitsinghnikumbh on Oct 31, 2016 3:39:00 PMA.Thanks for writing to us.
You should opt for a herbal kajal made of natural ingredients for your kids. You can buy a kajal for your concern from here: http://www.nykaa.com/herbal-beauty-sale-online/herbal-makeup-sale-online.html?category_v1=10703
Hope that you find the solution to your advantage.
Thank you for shopping at Nykaa!
Team NykaaAnswer by: Team Nykaa on Nov 23, 2016 1:58:01 PMQ.This kajal is.smudge free or not? Need honest answerQuestion by: rupali on Jul 26, 2016 1:47:00 AMA.Thanks for writing to us.
First of all, we, at Nykaa always try to answer all question with full sincerity to help make the customer the right choice for them, rest assured about that. Coming to your question, this is a kajal for those who have sensitive eyes or those who love natural ingredient in their make-up. Does it smudge? Yes, but almost all natural ingredient kajals do.
If you want something totally smudge proof and high pigmentation, then we'd suggest you go for Sugar Stroke of Genius Heavy Duty Kohl or Lakme Eyeconic Kajal.
Hope that you find the solution to your advantage.
Thank you for shopping at Nykaa!
Team NykaaAnswer by: Team Nykaa on Jul 29, 2016 12:49:55 PM


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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United States District Court, Northern District of Illinois, E. D
May 7, 1982
JAMES C. O'BYRNE, ET AL., PLAINTIFFS,v.CHEKER OIL COMPANY, ET AL., DEFENDANTS
This action was brought by one present and four former
lessees of gasoline service stations from Cheker Oil Company
("Cheker"). Summary judgment has already been granted to
Cheker*fn1 and to Marathon Oil Company ("Marathon"),*fn2 50%
owner of outstanding Cheker stock, on plaintiffs' antitrust
and related claims.
Cheker has now moved for summary judgment on its
counterclaims against plaintiffs James O'Byrne ("O'Byrne") and
William A. Erwin ("Erwin") for lease rentals and against
O'Byrne for gasoline sold to him. For the reasons stated in
this memorandum opinion and order, summary judgment is granted
on Cheker's rental claims but not as to the gasoline sales.
Both the O'Byrne lease (on a Mount Prospect, Illinois
station) and the Erwin lease (on an Addison, Illinois station)
were dated January 17, 1976. They contained identical terms,
including a monthly rental of $2,200 payable in advance. In
the interest of simplicity this opinion will focus on the
history of the O'Byrne-Cheker relationship (for though the
specific time periods and the numbers involved differ as to
Erwin, the legal principles they bring into play are
O'Byrne used the Mount Prospect premises in February 1976
and then continuously from May 1, 1976 to January 31, 1977 and
from September 1, 1978 through February 12, 1979, paying no
rent to Cheker for those periods. Cheker claims back rent of
$31,994.38. Its like claim against Erwin (covering different
periods) aggregates $17,489.62.
Cheker also sues O'Byrne for $6,330.52 for gasoline sold and
delivered to O'Byrne for resale to his customers. No
comparable claim is asserted against Erwin.
O'Byrne and Erwin rest their opposition to the rental claims
primarily on the argument that the lease terms violated
regulations promulgated by the Federal Energy Administration
("FEA") pursuant to the Emergency Petroleum Allocation Act of
1973 (the "Act"), 15 U.S.C. § 751-56. That violation is said
to render the leases void as against public policy and thus
unenforceable under Illinois law.*fn3
Analysis of that contention requires some pre-lease factual
background. O'Byrne was a Cheker dealer from May 1972 to
January 25, 1979. In 1973 (the critical date for purposes of
the Act) O'Byrne's lease called for a rent equal to the
greater of:
(1) $.02 per gallon of gasoline sold during the
month (payable on a daily basis); and
(2) $3,000 (payable, to the extent it exceeded
the gallonage figure, on the first day of the
following month).
Despite the lease terms requiring payment of at least the
"minimum monthly rental" ($3,000 as to O'Byrne and $2,400 as
to Erwin), the dealers claim that Cheker did not enforce that
provision until March 1974. Because this is a motion for
summary judgment and O'Byrne and Erwin are the parties moved
against, this opinion assumes Cheker did not in fact enforce
the minimum monthly rentals during 1973.*fn4
Analysis of that contention requires some pre-lease factual
background. O'Byrne was a Cheker dealer from May 1972 to
January 25, 1979. In 1973 (the critical date for purposes of
the Act) O'Byrne's lease called for a rent equal to the
greater of:
(1) $.02 per gallon of gasoline sold during the
month (payable on a daily basis); and
(2) $3,000 (payable, to the extent it exceeded
the gallonage figure, on the first day of the
following month).
Two aspects of the 1976 lease rental provisions differ from
those just outlined:
(1) Instead of the dual rental provision, each
1976 lease called for a flat $2,200 per month
(less in each instance than the prior "minimum
monthly rental").
(2) Rent was made payable in advance on the
first day of each month.
Effect of the Act and FEA Regulations
As gasoline purchasers as well as service station lessees,
O'Byrne and Erwin invoke two FEA regulations under the Act, 10
C.F.R. §§ 210.62(a) and (c):
(a) Suppliers will deal with purchasers of an
allocated product according to normal business
practices in effect during the base period . . .
and no supplier may modify any normal business
practice so as to result in the circumvention of
any provisions of this chapter . . . [E]xcept as
authorized by the Federal Reserve Board, no
supplier may require or impose more stringent
credit terms or payment schedules on purchasers
than those in effect for that class of
purchaser . . . on May 15, 1973. . . .
(c) Any practice which constitutes a means to
obtain a price higher than is permitted by the
regulations in this chapter or to impose terms or
conditions not customarily imposed upon the sale
of an allocated product is a violation of these
Section 210.62(a), however, could arguably be brought into
play by the change from rent payable in daily installments to
rent payable in full in advance:
(1) Such a change could well be viewed as a
variance of "an ordinary business practice" in
effect on May 15, 1973. See Blaylock v. Cheker Oil
Co., 547 F.2d 962, 963-64 (6th Cir. 1976); Vold v.
Marathon Oil Co., 407 F. Supp. 1011, 1016 (W.D.Ky.
1975); Guyer v. Cities Service Co., 381 F. Supp. 7,
13 (E.D.Wis. 1974).
(2) As already indicated, the change might be
deemed to have established "more stringent credit
terms" within the meaning of the regulation.
See generally Marathon Oil Co. v. Federal Energy
Administration, 547 F.2d 1140, 1147 (Em. App.
1976); Federal Energy Office Ruling 1974-10 (April
30, 1974).
Even on that assumption, the notion that O'Byrne and Erwin
would thereby escape all liability for rent is offensive to
justice and (as important for current purposes) Illinois law.
Both require that the dealers compensate Cheker for the
reasonable rental value of the land they used from 1976 to (in
O'Byrne's case) early 1979. Chesnutt v. Schwartz, 293 Ill. App. 414,
422, 12 N.E.2d 912, 915 (1st Dist. 1938). Such a recovery
ex contractu is sanctioned in Illinois "where the contract is
merely malum prohibitum and the illegality does not arise from
any elements of moral turpitude." I.L.P. Contracts § 194 at 353
(1955), citing Chesnutt.
This case is on all fours with Chesnutt. If there is some
limited element of illegality in changing from a daily rental
to a month's rent in advance (a kind of minimal effect in terms
of extending credit), it has no element of "moral turpitude."
Violation of regulations like Section 210.62(a) is "malum
prohibitum" (and not malum in se) in the classic sense. See W.
LaFave & A. Scott, Criminal Law § 6 at 31 n. 50 (1972).*fn8
O'Byrne and Erwin are therefore liable on Cheker's
counterclaim. Even on the assumption most favorable to them,
that liability is measured by the reasonable rental value of
the premises. On the record that must be the arms-length
rental established by the parties in the 1976 leases.*fn9
Thus the rent under the leases is payable whatever view is
taken of the FEA regulations. Summary judgment for back rent
is therefore appropriate against O'Byrne in the amount of
$31,994.38 and Erwin in the amount of $15,289.62.
O'Byrne's Gasoline Sales
On Cheker's other claims — stemming from gasoline sold at
O'Byrne's station between December 28, 1978 and January 25,
1979 — a key factual dispute bars summary judgment. O'Byrne's
affidavit asserts the amount of gasoline actually sold by
O'Byrne, as measured by the gas pump meters, determined his
obligation to Cheker. Cheker says O'Byrne owed the difference
between (1) the total gallonage delivered to O'Byrne December
28 plus the total gallons in his storage tanks on that date and
(2) the total gallons in the tanks January 26.
Cheker claims the "stick readings" taken by Cheker on
December 28 and January 26 show that a total of 10,283 gallons
were not reported on O'Byrne's meters. O'Byrne claims he "paid
Cheker for all gasoline sales made at his station" between the
relevant dates. Whether the parties had agreed that the meters
readings could be overcome by the stick readings, and whether
in any event O'Byrne paid for all gas he sold, are issues of
fact that cannot be resolved by summary judgment.
As to the claims for back rent under the 1976 lease, there
are no genuine issues of material fact and Cheker is entitled
to a judgment as a matter of law. Cheker is granted summary
judgment against O'Byrne for $31,994.38 and against Erwin for
$15,289.62. Cheker's motion for summary judgment as to
O'Byrne's liability for gasoline sold by him is denied.
As to the claims for back rent under the 1976 lease, there
are no genuine issues of material fact and Cheker is entitled
to a judgment as a matter of law. Cheker is granted summary
judgment against O'Byrne for $31,994.38 and against Erwin for
$15,289.62. Cheker's motion for summary judgment as to
O'Byrne's liability for gasoline sold by him is denied.
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On episode #2 of UFC 178 Embedded, opposing lightweights Donald "Cowboy" Cerrone and Eddie Alvarez take vastly different approaches to their fight week journey. Alvarez juggles media obligations in h watch video >>
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United States District Court, Second Circuit
August 12, 2013
PORSCHA C. DUNMORE, Plaintiff,v.UNITED STATES OF AMERICA, Defendant,
MICHAEL A. TELESCA, District Judge.
Plaintiff, Porscha C. Dunmore ("Plaintiff"), brings this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671-2680 seeking damages for injuries sustained following a motor vehicle accident involving a vehicle operated by an United States Postal Service ("USPS") employee and another vehicle which struck Plaintiff as she was attempting to get into her parked vehicle. Plaintiff moves for summary judgment contending that the USPS employee, Tom LoBiondo ("LoBiondo"), was negligent and that his actions were the sole proximate cause of the accident. Defendant, the United States of America ("Defendant"), opposes the motion contending that there are material issues of fact which preclude summary judgment on the issue of proximate cause. This Court agrees. Therefore, the Plaintiff's motion for summary judgment is denied.
The following facts are taken from the parties' submissions pursuant to Local Rule 56(a) and the Court's review of the entire record. On January 3, 2011, Plaintiff was struck by a vehicle operated by Dimarys Ruiz ("Ruiz") after the vehicle driven by Ruiz was struck by a USPS vehicle operated by LoBiondo. The accident occurred at an intersection controlled by a traffic signal. Ruiz had the right of way and LoBiondo struck her vehicle after entering the intersection in an attempt to make a right turn through a red light. LoBiondo stopped at the red light and he testified that he first looked right then left before entering the intersection to make the turn. He did not see Ruiz's vehicle until he collided with it in the middle of the intersection. The left bumper of the USPS vehicle struck the center of the right side of Ruiz's vehicle between the passenger doors.
Plaintiff was struck while entering her parked vehicle on the right side of Ruiz's vehicle. Plaintiff suffered a serious injury to her leg that required amputation and several additional surgeries.
LoBiondo testified that he saw Ruiz's vehicle move left and then turn to the right. Ruiz testified that when her vehicle was struck on the right side the vehicle was pushed to the right. She testified that she attempted to avoid the accident by breaking and steering the car to the left. However, the accident happened quickly and she was unable to avoid hitting the Plaintiff.
Rule 56(a) of the Federal Rules of Civil Procedure provides that summary judgment shall be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." See Fed.R.Civ.P. 56(a). If, after considering the evidence in the light most favorable to the nonmoving party, the court finds that no rational jury could find in favor of that party, a grant of summary judgment is appropriate. See Scott v. Harris , 550 U.S. 372, 379 (2007) (citing Matsushita Elec. Industrial Co. v. Zenith Radio Corp. , 475 U.S. 574, 586-587.).
To prevail on her claim against the Defendant, Plaintiff must prove that LoBiondo was negligent and that his negligence was the sole proximate cause of her injuries. See Steiner v. Dincesen , 95 A.D.3d 877, 877 (2nd Dep't 2012). Here, Defendant contends that there are questions of fact relating to whether LoBiondo's actions were the sole proximate cause of the Plaintiff's injuries. Defendants do not appear to contest that LoBiondo was negligent; rather, they contend that there are issues of fact as to whether Ruiz's actions following LoBiondo's collision with her vehicle contributed to the accident.
A reasonable jury could conclude that LoBiondo pushed Ruiz's car to the left and that Ruiz's attempt to correct her position forced her car to the right. Even if Ruiz had the right of way, she "may be found to be comparatively negligent in causing an accident if [she did] not use reasonable care" to avoid the collision with the Plaintiff. Id . Further, even if LoBiondo "was negligent as a matter of law for violating the [New York] Vehicle and Traffic Law... there may nevertheless be more than one proximate cause of a traffic accident." Id . (citing Gause v Martinez , 91 A.D.3d 595 (2nd Dep't 2012); Lopez v Reyes-Flores , 52 A.D.3d 785, 786 (2nd Dep't 2008)). "The proponent of a summary judgment motion has the burden of establishing freedom from comparative negligence as a matter of law. [T]he issue of comparative fault is generally a question for the trier of fact." Gause v Martinez , 91 A.D.3d 595 (2nd Dep't 2012)(internal citations omitted).
The Court finds that there are questions of fact as to whether LoBiondo's failure to yield the right of way to Ruiz was the sole proximate cause of Plaintiff's injuries. Accordingly, Plaintiff's motion for summary judgment is denied.
For the reasons stated herein, the Court finds that there are material issues of fact which preclude summary judgment. Accordingly, the Plaintiff's motion is denied.
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Each year, 15 Top Tech Start-ups are selected take part.
Metabridge is a Non-Profit organization founded in 2008 that supporting the tech Start-up eco-system.
What started as a 1 day, 30 person event is now a 2 day international tech retreat that showcases growth stage tech companies and connects them with a curated group of Silicon Valley organizations, to help take these companies to the next stage.
We host collaborative networking programs for the Top 15 cohort, giving access over 48 hours to mentors, advisors and investors at our flagship tech retreat in Kelowna BC, Canada ultimately taking them one step closer to a successful exit. Our organization continues to promote these companies year round and offer connections and support.
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It's different from a lot of other events in that it's a very small VIP group, and you have untethered access for 48 hours. Metabridge is a phenomenal opportunity for you to network and grab attention from the Valley"
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text:
*OFFICIAL* Magazine Request Thread
Score -2
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1,529 Comments
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June 15, 2011
MELVIN WALKER,PETITIONER,v.G. SWARTHOUT, RESPONDENT.
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole. Petitioner has consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party has been served or appeared in the action. Pending before the court is petitioner's petition (Doc. 1) and response to the court's May 11, 2011, order to show cause (Doc. 8).
Rule 4 of the Federal Rules Governing Section 2254 Cases provides for summary dismissal of a habeas petition "[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." In this case, the court directed petitioner to show cause in writing why this petition should not be summarily dismissed in light of the United States Supreme Court's ruling in Swarthout v. Cooke, 562 U.S. ___, 131 S. Ct. 859, 862 (9th Cir. 2011) (per curiam). In his response, petitioner asserts that he was not provided the minimal protections outlined in Swarthout because, in the context of the Governor's decision to review a parole grant recommendation from the Parole Board, he was not provided notice or an opportunity to be heard. Given that the Supreme Court's decision in Swarthout was a consolidated decision addressing both a Parole Board denial as well as a Governor's reversal of a Parole Board grant of parole, the distinction petitioner puts forward as a reason for this court to exercise jurisdiction is of no consequence.
Pursuant to Rule 11(a) of the Federal Rules Governing Section 2254 Cases, the court has considered whether to issue a certificate of appealability. Before petitioner can appeal this decision, a certificate of appealability must issue. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Where the petition is denied on the merits, a certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing or must state the reasons why such a certificate should not issue. See Fed. R. App. P. 22(b). Where the petition is dismissed on procedural grounds, a certificate of appealability "should issue if the prisoner can show: (1) 'that jurists of reason would find it debatable whether the district court was correct in its procedural ruling'; and (2) 'that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.'" Morris v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 1604 (2000)). For the reasons set forth in the May 11, 2011, order to show cause and herein, the court finds that issuance of a certificate of appealability is not warranted in this case.
Accordingly, IT IS HEREBY ORDERED that:
1. This action is summarily dismissed;
2. The court declines to issue a certificate of appealability; and
3. The Clerk of the Court is directed to enter judgment and close this file.
© 1992-2011 VersusLaw Inc.
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text:
A Stamford pastor is facing charges for allegedly beating his 12-year-old son because he was acting out in school.
Precie Guerrier, a pastor at a Haitian church in Port Chester, was arraigned today in a Stamford court. Police say Guerrier beat his 12-year-old son for an hour to discipline him for bad grades and poor behavior in school.
Police say Guerrier's son ran away into the night with no coat. However, his parents didn't call authorities to report his absence until the next morning.
They say they found the boy in a local library with bumps and bruises on his arm.
The judge today ordered Geurrier out of his home and away from his son until his next court date at the end of January


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text:
someone's looking at you lyrics – boomtown rats
on a night like this i deserve to get kissed at least once or twice
you come over to my place screaming blue murder, needing someplace to hide.
well, i wish you'd keep quiet,
imaginations run riot,
in these paper-thin walls.
and when the place comes ablaze with a thousand dropped names
i don't know who to call.
but i got a friend over there in the government block
and he knows the situation and he's taking stock,
i think i'll call him up now
put him on the spot, tonight.
they saw me there in the square when i was shooting my mouth off
about saving some fish.
now could that be construed as some radical's views or some liberals' wish.
and it's so hot outside,
and the air is so sweet,
and when the pressure drop is heavy i don't wanna hear you speak.
you know most killing is committed at 90 degrees.
when it's too hot to breathe
and it's too hot to think.
there's always someone looking at you.
they're looking at you.
and i wish you'd stop whispering.
don't flatter yourself, n*body's listening.
still it makes me nervous, those things you say.
you may as well
shout it from the roof
scream it from your lungs
spit it from you mouth
there's a spy in the sky
there's a noise on the wire
there's a tap on the line
and for every paranoid's desire…
there's always somone looking at you.
s-s-s-s-someone looking at you…
they're always looking at you.


text:
T.J. Auclair is a Senior Interactive Producer for PGA.com and has covered professional golf since 1998, traveling to over 60 major championships. You can follow him on Twitter, @tjauclair.
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Tom Joyner Morning Show correspondent Jacque Reid goes "Inside Her Story" with attorney J. Wyndal Gordon about his four clients, which includes two Howard University seniors and their respective mothers about their suit against the Alpha Kappa Alpha Sorority (AKA) for not allowing them into the sorority and for hazing.
Howard University seniors, Lauren Cofield and Laurin Compton, and their mothers who are AKAs, claim that their rights were violated because they were not admitted into the AKA Sorority via the organization's "legacy clause" back in 2010. They also claim they were subject to hazing by the organization.
Read Attorney Gordon's full interview with Jacque Reid below, to find out the details of the suit, what they are asking for and the real story behind their claims.
JACQUE REID: Good morning, Tom, and Sybil and Dominique. Now, listen. Two Howard University students are a part of a federal lawsuit against Alpha Kappa Alpha Sorority Incorporated and Howard University. Now, the girls are suing, along with their mothers, because they were denied access to the sorority. They also said they experienced hazing, and that AKA participated in witness tampering.
TOM JOYNER : You're Delta, right?
JACQUE REID: I'm going Inside Her Story – I am a member of Delta Sigma Theta, yes.
TOM JOYNER : I just wanted to get that, I wanted to vet first, that's all.
JACQUE REID: You know, that is so not necessary. I'm a journalist. I'm going Inside Her Story with their attorney, D.C. area attorney J. Wyndal Gordon. Good morning, J. Wyndal.
J. WYNDAL GORDON: Good morning, Jacque. How are you?
JACQUE REID: Very well. Okay, let's go back to the beginning. Now these two students are legacies, meaning both of their mothers are also members of Alpha Kappa Alpha. Now they say they should've been granted membership because they are legacies, and I didn't realize this, but AKA has a legacy clause? Explain this.
J. WYNDAL GORDON: Well Jacque, this case is really about broken promises, breach of contract and AKA respecting the rights of its membership. In fact it has more to do with those three things than it does with my clients' daughters who thought to participate in college the membership intake process. The daughters are really collateral damage. They're victims caught in the crossfire between a larger battle between the AKA and its betrayed membership. Under current law a voluntary member organization creates a legally enforceable contract between the organization and its membership. The daughters have an enforceable right under the intended third party beneficiary doctrine of contract law. Now AKA is not just an organization, it's a corporation, a multimillion dollar corporation. It can sue and be sued. So they're bound by the same laws as any other multimillion dollar corporation of its time.
JACQUE REID: But, J. Wyndall, is there a legacy clause?
TOM JOYNER : Yeah, you haven't answered the question.
J. WYNDAL GORDON: Well, yeah. Absolutely there's a legacy clause. In fact AKA is the only member in the divine nine that has a legacy clause. And this legacy clause gives priority to legacy candidates.
JACQUE REID: Okay, so they were not, they're legacy, these two ladies are seniors. So this is it for them as far as pledging undergraduate. They were legacies and you're saying non-legacies were let on this line that's up and running now, over them.
J. WYNDAL GORDON: Right. Not only non-legacy, but non-legacy seniors were allowed on this clause. And basically, according to AKA law, the legacy are supposed to be selected first. Everybody else gets selected second.
TOM JOYNER : I have never heard of that.
SYBIL WILKES : Were their mothers [AKAs] …
JACQUE REID: Yeah, I hadn't either.
J. WYNDAL GORDON: It's in their constitution. Apparently AKA has never heard of it either and they don't read their constitution because it's right there in black and white. Now these aren't our laws. We didn't create these laws. We didn't write them. My clients just followed them, relied upon them, and respected AKA to apply them. AKA broke the law. So this is really, as I said before, a breach of contract case because, again …
JACQUE REID: Now, J. Wyndall, now your clients believe this all stemmed from the two students, because you represent the mothers and the young ladies.
J. WYNDAL GORDON: The mothers are the lead
JACQUE REID: That the students' clients – right. You're saying that the clients reported a hazing incident during their freshman year.
J. WYNDAL GORDON: Well, hazing has …
JACQUE REID: And that's why they were denied access?
J. WYNDAL GORDON: Well, not necessarily all that. Don't get caught up on this hazing thing. There's, yes, there's hazing involved in this case, but hazing is not the controlling issue. Hazing …
JACQUE REID: Well, why do you think they were denied access?
J. WYNDAL GORDON: Hazing just provides the motivation for AKA to deny these women because women who submitted to hazing were selected, even those women who are non-legacies were selected who submitted to hazing. My clients resisted hazing. They followed the rules, just as their mothers did, they followed the rules. They followed the rules and they were rejected.
JACQUE REID: But did they file a complaint with the sorority? Did they file a complaint? Did one of the mothers file a complaint saying that their daughters were hazed?
J. WYNDAL GORDON: What they witnessed is what they consider to be questionable conduct. They told their mother. Their mother investigated and their mother actually did bring it to do the director's attention. Yes. So the answer is yes.
SYBIL WILKES : And yet they still wanted to join the sorority after this hazing incident?
J. WYNDAL GORDON: You know, at this point in time, it's not necessarily about joining a sorority, it's about justice. And for us, for them, justice preempts the sorority.
JACQUE REID: Well, what do they want, J. Wyndall? What do these girls, do they want money?
SYBIL WILKES : They don't want to be members?
JACQUE REID: Do they want membership? What do they want?
J. WYNDAL GORDON: They want any number of things. They want an apology. And I'm talking about the mothers.
TOM JOYNER : Do they want money?
J. WYNDAL GORDON: You guys are caught up on the daughters because the daughters make the story for you …
TOM JOYNER : Do they want money?
J. WYNDAL GORDON: this is really about the mothers and the members.
TOM JOYNER : Lawyer, do they want money?
J. WYNDAL GORDON: I mean if that's the only way to get justice, what we're seeking is justice. If it includes money, if it includes, whatever that entails, that's what …
TOM JOYNER : How much money?
J. WYNDAL GORDON: Well, that's what a jury decides. That's not our decision to make…
TOM JOYNER : How much are you asking for?
J. WYNDAL GORDON: How much are we asking for? We demanded over $75,000 so that we can meet the minimum threshold of Federal Court. But again the jury makes those decisions, not us.
JACQUE REID: What about witness tampering?
J. WYNDAL GORDON: Oh, yeah. I'm glad you brought that up. As a result of our lawsuit, AKA states in writing that they were suspending my clients' privileges and threatened to expel them. Under Federal law that is a criminal violation 18USC 1512 which prohibits witness tampering. It carries a 20 year period of incarceration at worst.
JACQUE REID: So they kicked out one of the mothers?
J. WYNDAL GORDON: They kicked out both of the mothers for merely trying to enforce their rights under AKA's constitution, yes.
JACQUE REID: Hmm? Wow.
J. WYNDAL GORDON: So there's a lot involved in this case.
JACQUE REID: Are these girls still on campus at Howard?
J. WYNDAL GORDON: They're still on campus at Howard. They intend to graduate on time. And they intend to pursue their respective careers rather successfully.
TOM JOYNER : And they want to bring down the AKA.
SYBIL WILKES : Oh, Tom.
J. WYNDAL GORDON: Tom, I see them bringing up the AKA because the AKA needs to respect the rights of their members. That's not bringing anybody down, that's raising them up. That's elevating them. The AKA should be an organization that respects the rights of its members and is beholden and bound by its own …
SYBIL WILKES : And holding them to a standard.
TOM JOYNER : Hmm. Right.
JACQUE REID: J. Wyndal, are you Greek?
J. WYNDAL GORDON: I'm sorry?
SYBIL WILKES : Are you a Greek?
JACQUE REID: Are you a member of a Greek organization?
J. WYNDAL GORDON: I'm a member of a Greek organization, but I'm African-American. (Chuckle)
JACQUE REID: Okay.
SYBIL WILKES : (Laugh)
TOM JOYNER : Okay.
JACQUE REID: Okay, J. Wyndal. J. Wyndal Gordon. Alright, thank you.
(Photo: EURweb)
This Week's Celebrity Instagrams (11/26-12/2)
This Week's Celebrity Instagrams (11/26-12/2)
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15 thoughts on "EXCLUSIVE: Attorney for the Women Suing the AKAs Defends his Clients"
hi well why would you want to read in. to be a true greek you need TO CROSS THE BURNING SANDS. I'M A ALPHA MAN.
hi well i'v never heard of this before. so they just wanted to be read in. you really need to CROSS THE BURNING SANDS to be true GREEK. hey i'm a ALPHA MAN. A PHI.
Pingback: EXCLUSIVE: Attorney for the Women Suing the AKAs Defends his Clients | DatzHott TVDatzHott TV
When brotherhood/sisterhood organizational membership becomes more about the membership and less about the bond, it's time to decide is these organizations revelant. It's a question that civil rights activist and scholar Dr. Georg Iggers, lamented about in a letter addressed to his brothers, PHI BETA SIGMA. Let's face it, these ladies were upset that their girls didnt become AKA's and decided to sue into the organization. It spits in the face of anyone who worked hard to join an organization.
Ok..from what I'm hearing and from my understanding, the legacy policy gives, "PRIORITY" to the daughters of members not automatic induction. So it seems that these girls tried to ride in on their mothers skirts and were turned away. Now their mothers are pissed off and decided to take it out on the sorority the they "so-called" loved!!! It makes me sick. Theses girls could have joined and Alumni chapter after they graduated! Who waits until there Senior year to try and pledge!!?? I'm on the side of AKA with this one!! I hope they don't get in and their mothers remain banned!!
If it happened in 2010 and they are senior now, then they probably were sophomores…STOP the HAZING Greeks! It is ILLEGAL!!! Ppl are being murdered and incarcerated behind this. How is a bond created by unified demeaning of people of African descent? We get tore down by outside sources. Just start the process with the 'building up' phase. We are broken as a ppl to begin with!!!!
He is wrong. The Legacy clause doesn't give anyone the "right" to join the organization. Some schools and chapters have caps on how many legacies can even be on the line. If not, you have chapters of nothing but legacies and that isn't fair to non-legacies.
What is the point of joining a sorority? I volunteer and help the community, I do not need a sorority to do that.
Sadly we all say, "Get it in Writing", this interview today (as I listened to the Radio) the charges touched a few hearts! (Tom) Then I heard the keyword that I need to hear and it came in a question about "how much are they suing for?" I go back to the beginning "Get it in Writing", AKA's burned themselves and in my eyes damaged their reputation too! If a promenade Greek Organization can't seem to honor what they say or write, then may be it's time to take them down off that pedal-stool! I'm hoping they settle like smart folks, but then again the arrogance of them will try bringing in the big shot Lawyers and losing to a Jury! Because anyone with sense sitting on that Jury will say "You put it down in Writing so HONOR IT! Tom I know you going to hate it, but "Truth is real!
Nothing worse than a mad mama. Feel kinda lucky that my mom had no idea what it was, and couldn't care less. I joined as a junior, and the amount of work to be done my last year of school on top of studies was unreal. So to join as a senior, and be mad if you don't make it? Silly. Of all the things surrounding graduation, getting a job, going to grad school – the moms pick THIS to spend time, money and effort on? There are real people in the world whose children are getting killed because their "rights" aren't being upheld – and these mothers come with this mess? Their kids are alive and well, about to have college degrees. So many people do more with less. They should be ashamed.
Brush up on the LAW and stop all the silly replies! "IF YOU PUT IT IN WRITING, BE ABOUT IT" your writing is much like your WORD! If your WORD means nothing than that tells everyone what you are about!
The more I think on this(mess)…it sounds like they were pledging their freshman year. Meaning, they were "on line". The line was busted, and dropped. However, the constitution has a clear, set in stone, zero tolerance for those who haze or subjected themselves to hazing. It sounds to me, like the moms want the hazing incident overlooked, because their daughters are legacies. And…they want some money. Sad.
I'm glad they were removed. Period. When you love your organization, no matter what, you do not subject them PUBLIC scrutiny. Furthermore, they are going to get a huge surprise. I know for a fact that the legacey clause is a "revolving" clause. Meaning, some years it's valid, others it is not.
Secondly, when you wait until your senior year to join a sorority, it is not to serve the community, but rather to elevate your resume, and "we" know that, and often deny your application.


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I just want to make sure that I have a clear understanding. I can purchase this product and use it exclusively for all 3 of my children (3rd grade, 8th grade, 10th grade} without having to worry if it's enough?Asked by a Homeschooler and Parent on July 12th, 2016
Hi, Yes, when you purchase our Family Math Package, you can put your student in any grade level (that we offer, 1st through 6th, Pre-Algebra (typically for students in 7th or 8th grade), and Algebra 1 (typically for students in 8th or 9th grade). As a matter of fact you can even change the grade level as needed for any student at any time. The highest we have is the Algebra 1. Thank you and we look forward serving you.Answered by A+ Interactive Math (by A+ TutorSoft Inc.) on July 13th, 2016A
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- About the Seller
We make your homeschool journey with math EASY! With our Math Curriculum Online Program, you can RELAX! You don't have to teach or grade Math. This program DOES EVERYTHING for you including teaching, grading and tracking.
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We when to this attraction as part of our tour with Edventures and this was the coolest part of our trip. It is so interesting to snorkel in a dark cave with flashlights and scuba...
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We when to this attraction as part of our tour with Edventures and this was the coolest part of our trip. It is so interesting to snorkel in a dark cave with flashlights and scuba divers below you. Very cool bat cave. Love it!
I wish we had more time to spend here. IF there is one thing you do, please go here. The water is completely clear. I ended up just doing snorkeling here but If I ever make it back I will make a point to do scuba.
Dos Ojos was a nice experience but felt commercial. Theres was a small fee of $200 peso's to enter. Theres a few different cenotes in walking distance from each other and the grounds are well kept. You can take a guided tour or go solo.
What can I say, absolutely beautiful! If you can only see one cenote on your trip to Cancun area, make this one the cenote you go see.all the cenotes are interesting to see, but this one is absolutely beautiful. The pictures you see do it no justice. The water is absolutely clear and they even provide snorkeling tours so you...
First cenote dive with my 16 year old daughter. We had a great guide and loved the cenotes. 5 mil wetsuits would have been preferred as my daughter was very cold. I definitely was chilled by end of first dive.
We dove the Barbie line and the bat cave on second dive. The latter had an open cavern half way...
This was my favorite cenote of the few I did cavern dives in during our trip - beautiful features. We dove through to the "bat cave" and got to surface and see the bats on the ceiling. Although I'm just an open water diver I felt a bit like a real cave diver, very exciting!
We did 2 of the 3 cenotes here and enjoyed both. We went on our own mid afternoon. It wasn't busy at all so was very enjoyable.
We brought our own snorkeling gear and the live vests were included in the 200 pesos entrance fee. I thought it might be too commercial, but it felt wonderfully natural and low key. Both cenotes are great but we especially loved the second "eye"
Have dove this cenote a few times it is one of the most commercial centoes but it is also one of the best. We had a photographer that worked there go down with us and take some amazing photos for a pretty reasonable price. Incredible caverns and formations. Really beautiful entry area also. As I said it is famous so...
We did the river tour in the caves for 450 pesos. It could have been a fun event, but...
1. The guide didn't do much guiding. Sure, he took us through the caves, but the only useful/interesting thing he told us was about the roots of the trees above that reach all the way down to the water in the...
Hola. I'd like to know how much is a snorkeling tour in US dollar? The Dos Ojos website just has information on diving but I understand you can snorkel.
Cenotes Dos Ojos vs. Rio Secreto? we want to be able to swim, snorkel. not interested in diving or other activities. which of these two would be the better option?
Can we find the tour guide at the highway entrance to Canote Dos Ojos?
Heard it somewhere b4, if you take a collectivo and get off at the highway, there is some tour guide group that offers a round trip to the cenote (so you don't have to walk 30 minutes) and 1 hour snorkeling guide for about $40, just wonder, if this information is still correct?
Or we need to find a tour at Playa? (We will stay in Playa)
Thank you!
Hi, thanks for the great review. Can I ask where you found the guide? Thanks!
Hi, Is this safe for 21 month old kid? He does not know how to swim. Can we use water tubes or life jackets?
See all questions


text:
If you want a moist yellow cake from scratch, this is a delicious one to try.
Sift the flour, sugar, baking powder and salt, then add the softened shortening, first 1/2 cup of milk and vanilla. Beat two minutes. Add eggs and the second 1/2 cup of milk and beat two minutes more.
Bake in greased and floured pans at 350 degrees F. This makes one 9x13 pan.
By latrtatr from Loup City, NE
Yikes, just put this in the oven and there is no time for baking. How long? Guess I'll start at about 30 minutes.
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