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United States District Court, S.D. New York
March 9, 2015
WEI YAN YAN, Plaintiff,v.520 ASIAN RESTAURANT CORP. d/b/a CHEF YU, and TEO SU JIN, Defendants.
KEVIN NATHANIEL FOX, Magistrate Judge.
Following a bench trial, in this action based on violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 ("ELSA"), and New York Labor Law ("NYLL"), the plaintiff obtained a judgment against the defendants. Before the Court is the plaintiff's motion for an award of attorneys' fees and costs. The defendants oppose the motion.
Plaintiffs Contentions
The plaintiff seeks $99, 025, in attorneys' fees and $6, 490.25, in costs. He contends that any duplicative or administrative items have been removed from the billing records. According to the plaintiff, he prevailed against the defendants and received a judgment slightly more favorable than he would have received under the September 2013 settlement proposal. The plaintiff contends he acted in good faith when he did not agree to a strict confidentiality clause and a general release of all claims in the proposed settlement, and the failed settlement discussions should not preclude recovery of his attorneys' fees. According to the plaintiff, his fee application includes compensation for the hours spent preparing the fee application.
In support of his motion, the plaintiff submitted an affirmation by his attorney, D. Maimon Kirschenbaum ("Kirschenbaum"), a partner at Joseph & Kirschenbaum LLP ("JK"), with: (a) Exhibit A, a copy of the time records kept by the firm in connection with this action; (b) Exhibit B, a copy of the expense report kept by the firm in connection with this action; and (c) Exhibit C, a proposed order. Kirschenbaum is the managing partner at JK, which handles, almost exclusively, employee rights matters and he specializes in wage and hour litigation. Since graduating from Fordham University School of Law in 2005, Kirschenbaum's practice has focused on representing food-service workers respecting employment-related claims against the hospitality industry.
Kirschenbaum contends that "Mr. Kadushin" ("Kadushin") graduated from New York University School of Law in 2000. Kadushin worked as a public defender for approximately 9 years before joining JK, in October 2009. The majority of Kadushin's "current docket involves wage and hour lawsuits against the hospitality industry."
Douglas Weiner ("Weiner") graduated from Villanova Law School. Prior to joining JK, Weiner worked for 30 years as a senior trial attorney at the United States Department of Labor, prosecuting wage and hour violations. Weiner also worked for the Epstein Becker law firm from 2008 to 2013, representing employers.
Denise Schulman ("Schulman") graduated from New York University School of Law in 2008, and joined JK in January 2009. Since joining JK, Schulman has practiced exclusively in the area of wage and hour discrimination cases.
Leah Berenholz Seliger ("Seliger") graduated from Georgetown University Law Center in 2002. According to Kirschenbaum, "[Nefore becoming self-employed, " Seliger worked at the City of New York Office of Labor Relations from 2011 to 2012, as well as various law firms.
Kirschenbaum asserts that over the last several years, JK has filed dozens of class and collective actions on behalf of food-service industry employees, and some of JK's cases "have changed the landscape of wage and hour class and collective litigation, such as Shahriar v. Smith & Wollensky Rest. Group, Inc., 659 F.3d 234 (2d Cir. 2011), in which the court held that in FLSA actions pursued on a collective basis under 29 U.S.C. § 216(b), courts may exercise supplemental jurisdiction over state-law claims pursued on a class basis under Fed.R.Civ.P. 23, and Spicer v. Pier Sixty LLC, 269 F.R.D. 321 (S.D.N.Y. 2010), in which the federal court applied retroactively the state court's law that mandatory charges include gratuities. Moreover, Kirschenbaum contends, JK has increased awareness of wage and hour laws in New York City's restaurant industry, and its work has attracted significant media attention.
In his affirmation, Kirschenbaum provides "a chart representing each attorney's hours and the hourly request":
Individual Rate Total Hours Total D. Maimon Kirschenbaum $375 87.7 $32, 887.50 Douglas Weiner $350 159.5 $55, 825.00 Matthew Kadushin $325 12.9 $ 4, 192.50 Leah Seliger $300 10 $ 3, 000.00 Denise Schulman $300 2.8 $ 840.00 Paralegals $100 22.8 $ 2, 280.00 TOTAL: $99, 025.00
Kirschenbaum maintains that JK undertook to prosecute this action on a contingent basis in the face of substantial risk. The plaintiff seeks $6, 490.25, in costs.
Defendants' Contentions
The defendants contend that the hours and rates billed are excessive, and the "plaintiff s attorneys' weighted average billing rate is too high due to the overstaffing of a simple case." With respect to the billing rates, the defendants contend that the "weighted average" hourly rate is $334.88, but "$200 would be far more reasonable." They assert that, "[d]uring the period from intake to September 12, 2013, " Kirschenbaum billed 0.7 hours, Schulman 0.3 hours and paralegals 0.8 hours, which makes sense because, had the plaintiff not "backed out of the settlement he had agreed to, the attorneys would have received $26, 483 for their efforts, a nearly six-fold return on their investment of time."
Concerning the hours worked, the defendants assert that they should be reduced because the plaintiff "was acting in bad faith when he backed out of the settlement he had agreed to in August 2013, intending to obtain a larger recovery with false testimony." The defendants contend that, if the general release terms of the proposed settlement offer of $52, 967 were against public policy, as the plaintiff now claims, he "could simply have ignored them." Rather, the defendants assert, the plaintiff's primary concern was money in general and attorneys' fees in particular, because, had the settlement agreement been signed, the attorneys'"fees would have been no more than $4, 182.50, the firm's total billings through September 12." The defendants contend that it is "no exaggeration to say that the contingent-fee retainer agreement, which plaintiff has not produced, may have been the cause of plaintiff's backing out of the settlement." The defendants maintain that "it is difficult to identify wasted hours where all of an attorney's tasks in a day are lumped together." However, "a few things stand out, " such as: (1) "[s]omething in excess of 2 hours is charged for a motion for reconsideration that was never filed"; and (2) "[a]t least 19.9 hours are charged for a motion in limine to preclude certain evidence mentioned by defendants in the Joint Pretrial Order - not for studying our answer or preparing a reply, just the original motion - as to which plaintiffs attorney never conferred with defense counsel in an attempt to resolve the issue." Moreover, "[i]t is hard to see why Mr. Weiner billed 5.1 hours in connection with the final pretrial conference, while Mr. Kirschenbaum billed 0.8 hour[s] for apparently the same thing." The defendants assert that "[t]here is a lot of reviewing' in the same sheets, " and "at least 40 hours should be subtracted from the 295.7 they billed." The defendants contend that a reasonable paying client would expect a weighted average billing rate of $200, and applying that rate to 250 hours of work would yield a presumptive fee of $50, 000, subject to downward adjustments.
The defendants contend that the plaintiff did not prevail on his claim for purchase and maintenance of bicycles, and "he cannot be said to have prevailed by receiving judgment for the liability admitted by defendants" in the settlement talks and calculations, discovery and the pretrial order. The defendants maintain that, "[ ]f the issues that were contested, defendants' position was upheld on almost every issue of law and fact, " and the plaintiff "prevailed only on issues of willfulness for purposes of the federal three-year statue of limitations and liquidated damages, " which did not require long hours "from high-priced lawyers."
The defendants contend that the recovery, after the bench trial, of $56, 755.27 was not much more than $52, 967, offered to the plaintiff in the settlement proposal he rejected. The defendants assert this was a simple case in which the defendants admitted violations of minimum wage, overtime, spread of hours and notice requirements, and the only issues that were at all novel or particularly difficult were credit for employee taxes paid, credit for credit card company commissions paid and pre-2011 tip credits, which were all minor issues in the case, especially since the plaintiff realized that the defendants' position on taxes was correct and he stipulated to small credits. The defendants contend that very little skill was necessary for most of this case, since the complaint was in a standard format, the restaurant was not unusual, 46 documents were produced by the parties during discovery and two half-day depositions were conducted. The defendants assert that "[i]t took some skill to deal with plaintiff, but the attorneys failed to get him to tell the truth." Additionally, the amount of the fees should be reduced due to the plaintiff's bad faith with regard to the settlement, proposed after months of negotiating, and the "idea that plaintiff went all the way to trial to avoid a release provision is poppycock. Plaintiff supposedly had all sorts of additional actions he was going to bring against defendants, but he has yet to do so." The defendants contend:
Plaintiff's main concern was money, and he voiced vehement objection to the attorneys' fees coming out of the $80, 000. The day after the meeting, he demanded an off-the-record additional $50, 000, with no mention of the confidentiality and release provisions.... By December, he wanted $150, 000 and a job, or $180, 000 without a job; he did not offer to take less money if the defendants would drop confidentiality and release [provisions].... A job was now important to him, and those provisions were irrelevant. By March 2014, he wanted more than $200, 000.
According to the defendants, the fees on both sides accrued because of the plaintiff's bad faith refusal to settle.
The defendants' attorney, Lawrence Joachim ("Joachim"), submitted his declaration in opposition to the plaintiff's motion. He states that he was retained on September 20, 2013. According to Joachim, on November 8, 2013, he received a call from an employee at The Cottage Restaurant, owned and managed by one of the investors in the defendants' business, informing him that the plaintiff was "making trouble." Joachim walked over to the restaurant and learned that the plaintiff made threats against the defendants. Joachim contends that, on December 5, 2013, the defendants made a settlement offer to the plaintiff, which included the confidentiality and release provisions. According to Joachim, the plaintiff wanted either $150, 000 and a job as a deliveryman for the restaurant, or $180, 000 without the job, none of which was acceptable to the defendants. Joachim contends that, on February 28, 2014, the defendants made a new settlement offer, to which no response was received.
In support of their opposition to the motion, the defendants also submitted a declaration by their attorney, Jenny J. Shen ("Shen"). Shen explains that she was retained by the defendants shortly after the plaintiff filed the complaint, which occurred on April 11, 2013. Shen commenced settlement discussions with Kirschenbaum almost immediately after being retained, and those discussions continued over a period of several months. On July 12, 2013, the defendants filed an answer, but complying with discovery obligations was postponed in light of the ongoing settlement discussions. Shen states:
In August, we agreed to a settlement with plaintiffs attorney in the total amount of $80, 000. At the direction of his attorneys, $52, 967 of this amount was stipulated to be paid to plaintiff as damages, $26, 483 was for attorney's fees, and $550 was for legal costs.... The allocation of the settlement amount implies that plaintiff had a retainer agreement with his attorney to pay them [sic] 1/3 out of any settlement, net of costs, as a contingent fee.... This Court's Opinion and Order (Document No. 41) and Judgment (Document No. 42) of December 17, 2014, awarded plaintiff damages of $56, 755.27 (before interest), which suggests that the agreed settlement amount was fair and reasonable.... The written agreement that the attorneys on both sides of the case agreed to contained a confidentiality provision and a release. We wanted the former because according to defendants, plaintiff had repeatedly stated his intention to disparage defendants and their business in every way possible. We wanted the latter because plaintiff had said to defendants that he had many other claims against defendants, but refused to specify what they were.... The attorneys for both sides had agreed to the agreement contained in Exhibit 2, prior to the redlined changes, as can be seen from Mr. Kirschenbaum's August 21 message, in which he informed me, "[Mr. Wei] will be come [sic] in the next couple of days to review and sign." But in his August 27 message, he insisted on the last-minute changes marked in red on Exhibit 2, including significant changes to the General Release provision saying, "My client insists on these changes to the agreement. I am sorry to change it after the fact, but its [sic] either these changes are accepted or we have to move forward."... On behalf of defendants, I agreed to the changes. It seemed clear that, with the changes, plaintiff had agreed to the release provisions in particular, and to the overall settlement agreement.... Then plaintiff requested a meeting to go over and sign the agreement, and defendants and I agreed to that.... Even though it was apparent that he must have had a retainer agreement with his attorneys, and had supposedly approved the settlement agreement subject to changes that we agreed to, at the meeting on September 12, plaintiff expressed amazement that his attorneys' fees were supposed to be paid out of the $80, 000 settlement. He also refused to accept the release provision, which incorporated the changes he had demanded, and the confidentiality provision. He said that he would have more lawsuits other than this one against defendants, but refused to say what the grounds were.... Mr. Kirschenbaum finally asked plaintiff, "What do you want?" Plaintiff did not say what would satisfy him. He simply walked away from an agreement that had taken months to finalize, that he had agreed to.
Teo Su Jin submitted his declaration in which he states that Shen consulted with him regularly, during the five months after the complaint was filed, concerning ongoing settlement negotiations with Kirschenbaum. According to Teo Su Jin, he asked for a confidentiality provision in a settlement agreement because the plaintiff "had gone to three Chinese newspapers after filing this action, and he told me he was going to do everything he could to let the world know that I am a bad person with a bad business." Teo Su Jin states that the plaintiff refused to identify what other claims he had against the defendants, which prompted the defendants' request for a general release. According to Teo Su Jin, during the September 12, 2013 meeting with the plaintiff, the "plaintiff went crazy over the idea that any of the $80, 000 would go to his attorneys. He also objected to the confidentiality and release provisions that had been agreed to." Teo Su Jin contends that, on September 13, 2013, the plaintiff telephoned him, demanding an additional $50, 000 to settle the case, which he wanted to receive on the side, meaning that he would sign a settlement agreement for $80, 000 and clandestinely receive the extra money. According to Teo Su Jin, in November 2013, the plaintiff came to the defendants' restaurant, threatened and demanded $130, 000 to settle the case. Shortly afterwards, the plaintiff visited the defendant restaurant threatening "loudly... bad publicity and lawsuits."
Plaintiff's Reply
The plaintiff contends that the defendants' focus on previous settlement discussions is misguided and contrary to established law. According to the plaintiff, "[i]f Defendants wanted to resolve the case and prevent Plaintiff from recovering attorney's [sic] fees post-trial, Defendants could and should have made an offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure." The plaintiff contends that he did not act in bad faith, and the defendants do not contest that he received more money than he would have received under the proposed settlement offers, namely, the August 2013 offer of $52, 967, and the March 2014 offer of $49, 403, since he was awarded a judgment of $64, 857.64, exclusive of any attorneys' fees and costs. According to the plaintiff, "Defendants do not deny that they never extended a settlement offer that did not include a confidentiality clause and general release, or that Plaintiff refused to consent to a confidentiality clause and general release." Moreover, any settlement proposal, including the one that contained any release of the FLSA claims, would have to be approved by the Court, and it "could very well have been rejected in light of this Court's recent opinion holding that confidentiality clauses violate the remedial purpose of the FLSA." The plaintiff asserts that the defendants'"argument, if accepted, would have catastrophic consequences with respect to FLSA litigation in this Circuit, " because "a defendant would be better served making informal settlement offers and attaching benefits that are unfair and which may even contravene public policy, " and "a plaintiff would have to seriously consider accepting unwarranted terms, for if she insisted on a judgment with no strings attached she would run the risk of losing subsequent attorney's fees."
The plaintiff contends that his counsel performed their work in a diligent, straightforward manner, in response to the issues raised by the defendants. The plaintiff asserts that the fees should not be reduced just because the case is relatively straightforward. Moreover, the defendants' contention that the plaintiff overstaffed the case with senior attorneys is meritless because JK is a small firm that handles a large number of individual and class-action lawsuits and does not have the luxury of limiting senior attorneys to complex cases only. The plaintiff contends that the defendants' argument that his "counsel improperly recorded their time in block billing' goes against the law in this Circuit, " because "block billing" is permissible as long as no evidence exists that hours billed were independently unreasonable or that the block billing was mixing tasks that were not all compensable or not compensable at the same rate. The plaintiff contends that, "given that courts sometimes make across the board cuts of attorney hours in fee application, " and "for purposes of resolving this motion, Plaintiff's Counsel would not contest a reduction to 250 hours (i.e., a 15% reduction in all billed hours across the board)."
In a footnote to the plaintiff's memorandum of law, the plaintiff contends that expending 19.9 hours on a motion in limine was reasonable because that "motion successfully prevented the Defendants from offering evidence into the record." The plaintiff asserts also that Weiner's spending 5.1 hours preparing for the final pre-trial conference was reasonable, and 2 hours researching a potential motion for reconsideration was reasonable because "it was in response [to] Plaintiff's counsel informing Defendants that they would file a motion for reconsideration regarding the calculation of damages that resulted in the parties agreeing to a satisfaction of judgment." According to the plaintiff, "by limiting [the plaintiff's] application to 250 hours, Plaintiff's counsel does not seek compensation for hours spent on the instant motion."
Legal Standard
In an FLSA action, the court "shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action." 29 U.S.C. § 216(b). "In any action instituted in the courts upon a wage claim by an employee... in which the employee prevails, the court shall allow such employee reasonable attorney's fees." NYLL § 1981-a. District courts have "considerable discretion in determining what constitutes reasonable attorney's fees in a given case." Barfield v. New York City Health & Hospitals Corp., 537 F.3d 132, 151 (2d Cir. 2008). When exercising their discretion to determine the reasonableness of the attorney's fees, courts in this Circuit use the "presumptively reasonable fee" standard. Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany, 522 F.3d 182, 190 (2d Cir. 2008). The presumptively reasonable fee, also known as the lodestar, is "the product of a reasonable hourly rate and the reasonable number of hours required by the case." Millea v. Metro-North R.R. Co., 658 F.3d 154, 166 (2d Cir. 2011). In calculating the presumptively reasonable fee, a district court must consider, among others, the twelve factors articulated in Johnson v. Ga. Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). See Arbor Hill Concerned Citizens Neighborhood Ass'n, 522 F.3d at 190. Those factors are:
(1) the time and labor required; (2) the novelty and diffic ulty of the questions; (3) the level of skill required to perform the legal service properly; (4) the preclusion of employment by the attorney due to acceptance of the case; (5) the attorney's customary hourly rate; (6) whether the fee is fixed or contingent; (7) the time limitations imposed by the client or the circumstances; (8) the amount involved in the case and the results obtained; (9) the experience, reputation, and ability of the attorneys; (10) the "undesirability" of the case; (11) the nature and length of the professional relationship with the client; and (12) awards in similar cases.
Id. at 186-87 n.3.
A fee application that is not supported by evidence of "contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done" should normally be denied. New York State Ass'n for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1154 (2d Cir. 1983).
Application of Legal Standard
Hourly Rates
The defendants provide no binding authority for the proposition that the "weighted average billing rate" should be used in determining a reasonable hourly rate. It is not clear why the defendants base their excessive-hourly-rates argument on the "weighted average billing rate, " where Kirschenbaum identifies, in his affirmation, the hourly rates requested by each person who worked on this case. The defendants' reliance on the "weighted average billing rate" is less clear in light of their apparent concession that Kirschenbaum and Weiner "have good reason to charge a substantial rate for their time."
No evidence was presented by the plaintiff about the attorneys' customary hourly rates. In his affirmation, Kirschenbaum provided "a chart representing each attorney's hours and the hourly request." However, no evidence is presented that the amount of "the hourly request" for each attorney and paralegal who worked on this case is the customary hourly rate charged by each such person.
Kirschenbaum contends, in his affirmation, that JK litigated this case "on a wholly contingent basis" and that the "Plaintiffs expenses" in the amount of $6, 490.25, "were paid on his behalf pursuant to the terms of the retainer agreement." No retainer agreement was provided to the Court substantiating these contentions, and Kirschenbaum did not identify who paid the plaintiffs expenses "on his behalf."
Concerning the experience, reputation and ability of the attorneys, Kirschenbaum provides sparse information. The paralegals who claim hours worked have not been identified, and no information was provided about those persons or their experiences, reputations and abilities. Absent any information about the persons claiming to be paralegals, who expended 22.8 hours of work at an hourly rate of $100, it is impossible to determine whether the hourly rate and the hours claimed are reasonable. Thus, awarding fees for the hours of work claimed by paralegals is not warranted.
The only information provided by Kirschenbaum about Seliger is that she: (a) graduated from law school in 2002; and (b) worked at various places before "becoming self-employed." No evidence is presented to the Court about Seliger's relationship with JK or the type of work she performed in the various places where she worked. Thus, not having any information about the nature of Seliger's experience, reputation and ability, and absent any information about her position, if any, with JK, it is impossible for the Court to determine whether the requested hourly rate of $300, and 10 hours of work she performed, are reasonable. Thus, awarding fees for the hours of work claimed by Seliger is not warranted.
With respect to "Mr. Kadushin, " Kirschenbaum failed to identify this attorney fully and indicate his position within JK. Assuming that "Mr. Kadushin" is "Matthew Kadushin" listed in Kirschenbaum's "chart representing each attorney's hours and the hourly request, " the only information provided about Kadushin is that he: (i) practiced criminal law for 9 years before joining JK, in October 2009; and (ii) "[t]he majority of his current docket involves wage and hour lawsuits against the hospitality industry." This information is not sufficient to inform the Court in its assessment of Kadushin's reasonable hourly rate and hours worked because, apart from the length of his criminal practice tenure, it says nothing about the nature of his experience, reputation and ability. Although the defendants' memorandum of law contends that Kadushin "seeks an associate rate of $325 per hour, " no evidence is provided to the Court that Kadushin is an associate or, if he is, how long he has held that position. The fact that "[t]he majority of his current docket involves wage and hour lawsuits against the hospitality industry" is not helpful in assessing Kadushin's skills and experience, as it is unknown whether Kadushin is a partner, an associate, or of counsel to JK, how many cases in "his current docket" involve wage and hour lawsuits against the hospitality industry, the level of success or client satisfaction he has achieved handling his current docket, whether he handled any wage and hour lawsuits prior to this action and, if so, how many and the results achieved. Accordingly, it is impossible for the Court to assess whether Kadushin's hourly rate and the hours he worked on this action are reasonable. As a consequence, awarding fees for the hours of work claimed by Kadushin is not warranted.
Concerning Schulman, Kirschenbaum informed that she: (a) graduated from law school in 2008; (b) joined JK, in January 2009; and (c) since joining JK, "practiced exclusively on employment wage and hour and discrimination cases." No evidence was provided to the Court about Schulman's position within JK, or any additional information that would inform the Court about Schulman's experience, reputation and ability. Although the defendants' memorandum of law contends that Schulman "seeks an associate rate of $300 per hour, " no evidence is presented to the Court that Schulman is an associate or, if so, how long she has held that position. The evidence provided by Kirschenbaum about Schulman is not sufficient to assist the Court in assessing whether Schulman's hourly rate and the hours she worked on this action are reasonable. Thus, awarding fees for Schulman's legal services is not warranted.
Relevant information provided by Kirschenbaum about Weiner is that he: (1) spent 30 years as a senior trial attorney, prosecuting wage and hour violations for the United States Department of Labor; (2) spent 5 years with the Epstein Becker law firm, representing employers in wage and hour lawsuits; and (3) "is well regarded as a premier litigator in his field." Although the defendants contend in their memorandum of law that Weiner "seeks a senior associate rate of $350 per hour, " no evidence is provided about Weiner's position with JK, when he joined JK, or the work that he performs at JK. While evidence provided about Weiner is not detailed, it is sufficient to convince the Court that Weiner's experience, reputation and ability are well recognized, as the defendants concede.
Kirschenbaum stated that he is JK's managing partner and, since he was admitted to the bar in 2006, his practice involves representing food-service workers in employment-related claims against the hospitality industry. Kirschenbaum also described his firm's accomplishments in the area of labor law. Kirschenbaum's experience, reputation and skill are evidenced sufficiently in the instant motion, as well as conceded by the defendants. The plaintiff made citation to cases in this district, showing that Kirschenbaum's and Weiner's hourly rates are within the range of what a reasonable client would be willing to pay for similar services by attorneys of reasonably comparable experience, reputation and ability. The Court finds that Kirschenbaum's $375 hourly rate and Weiner's $350 hourly rate are reasonable.
Hours Worked
This was a simple, straightforward action alleging the following claims: (a) FLSA and New York minimum wage; (b) FLSA and New York overtime compensation; (c) New York spread of hours; (d) New York notice requirements; and (e) New York deductions for tools of the trade. Discovery was limited and only two depositions were conducted.
The defendants contend that the plaintiff "cannot be said to have prevailed by receiving judgment for things that were admitted by defendants... in the Pretrial Order, " but they fail to refer to any paragraph of the "Pretrial Order" in which they admitted liability for any of the plaintiff's claims. Contrary to the defendants' contention, the defendants did not admit liability on any of the plaintiff's claims, which were all tried. The Court found, after a bench trial, that the defendants were liable to the plaintiff on all his claims. Although the plaintiff failed to establish an amount of damages for the cost of purchasing and maintaining bicycles, and the defendants received credit for: (a) tips, for the period prior to January 1, 2011; and (b) meals they furnished to the plaintiff, starting July 24, 2009, the plaintiff received an award of damages on all his remaining claims, as well as liquidated damages and prejudgment and postjudgment interests, albeit less than the amount he sought.
In reply to the defendants' contention that 250 is a reasonable number of hours to have spent on this matter, "subject to downward adjustments, " the plaintiff asserts that he "would not contest a reduction to 250 hours (i.e., a 15% reduction in all billed hours across the board)." The plaintiff's concession that 250 hours is a reasonable number of hours as the defendants contend, rather than the requested 295.7 hours, indicates to the Court that the plaintiff concedes that the hours billed are excessive.
The plaintiff did not provide any information about: (a) the preclusion of employment by his counsel due to accepting this case; (b) the time limitations imposed by him or the circumstances; (c) the undesirability of the case; and (d) the nature and length of the professional relationship that exists between him and his counsel The level of skill exhibited by the plaintiff's counsel, Kirschenbaum and Weiner, in providing legal services in this case was adequate. However, while the Court appreciates the fact that JK is a "small law firm that handles a large number of individual and class action lawsuits every year, " and "does not have the luxury of limiting Mr. Kirschenbaum and Mr. Weiner to complex class action lawsuits, " the Court finds that the time and labor required and the lack of any novelty or difficulty respecting the questions presented in this action counsel against the duplication of work performed by one partner, Kirschenbaum, and one senior attorney, Weiner, as exhibited in the JK's billing records. For example, while Kirschenbaum billed 5.8 hours, in connection with Teo Su Jin's deposition, which he conducted, both Kirschenbaum and Weiner billed for hours worked in connection with the plaintiff's deposition, which was attended by Weiner. Similarly, Kirschenbaum billed 4.2 and Weiner 4.3 hours, respectively, in connection with the preparation of the joint pretrial order, Kirschenbaum billed 11.5 and Weiner 6.9 hours, respectively, in connection with the plaintiff's motion in limine, and Kirschenbaum billed 10.1 and Weiner 28.9 hours, respectively, in connection with the plaintiff's post-trial submission of proposed findings of fact and conclusions of law. In light of the simple nature of this case and the limited amount of discovery, the Court finds that it was unreasonable for Kirschenbaum and Weiner to perform duplicative work on the same and simple matter and no need or justification existed for them to do so. Moreover, it was unreasonable for a senior attorney, Weiner, to bill for administrative tasks, such as "Contact courtroom deputy for status of case, " or a partner, Kirschenbaum, to bill for clerical tasks, such as "Call with court, " or "File satisfaction of judgment."
The Court finds that the hours billed were excessive. In light of the plaintiffs concession that a 15% reduction in the number of hours for which compensation is sought is warranted, and the Court's determination, upon review of the billing records, that the hours billed were excessive, the Court finds that the reasonable number of hours spent on this action are: (i) 40, by Kirschenbaum; and (ii) 60, by Weiner. Accordingly, the amount of reasonable attorneys' fees is $36, 000, derived from Kirschenbaum's 40 hours, at an hourly rate of $375, and Weiner's 60 hours, at an hourly rate of $350.
Bad Faith
The defendants contend that any reasonable attorneys' fees sought should be further reduced or eliminated because the plaintiff acted in bad faith in connection with the settlement agreement. The plaintiff contends that he acted in good faith when he rejected the defendants' settlement offer, and the "Defendants do not deny that they never extended a settlement offer that did not include a confidentiality clause and general release, or that Plaintiff refused to consent to a confidentiality clause and general release."
"Absent a showing of bad faith, a party's declining settlement offers should [not] operate to reduce an otherwise appropriate fee award.'" Ortiz v. Regan, 980 F.2d 138, 141 (2d Cir. 1992) (citation omitted). The plaintiff's contention that the defendants do not deny that he "refused to consent to a confidentiality clause and general release" is erroneous. The defendants deny that the plaintiff refused to consent to a confidentiality and general release. Teo Sun Jin's uncontroverted declaration establishes that, subsequent to September 12, 2013, when the plaintiff refused to sign the settlement agreement, the plaintiff approached Teo Sun Jin directly, the following day, demanding an additional $50, 000 "on the side, " and, in November 2013, he approached him directly, demanding $130, 000, without mentioning the confidentiality and release provisions on either occasion. Moreover, Shen's uncontroverted declaration demonstrates that the most significant basis for the plaintiff's refusal to sign the settlement agreement, on September 12, 2013, was his realization, at that meeting, that his attorneys' fees would be paid out of the settlement amount. Joachim's uncontroverted declaration shows that the plaintiff made threats against Teo Su Jin and his restaurant and demanded money, without mentioning the confidentiality and release provisions of the settlement proposal. The plaintiff's subsequent, direct approach to Teo Su Jin to demand additional payments indicates to the Court that the plaintiff was not concerned with the settlement proposal's confidentiality and release provisions. Furthermore, threatening Teo Su Jin and his restaurant, while demanding additional money without any mention of the settlement proposal's confidentiality and release provisions, after refusing to sign the settlement agreement, on September 12, 2013, shows that the plaintiff did not act in good faith. As noted above, no evidence was submitted by the plaintiff to refute Teo Su Jin's and Shen's declarations.
The Court finds that the plaintiff acted in bad faith in connection with the settlement agreement because his conduct, after September 12, 2013, demonstrates that his refusal to sign the settlement agreement was not based on his concern for the confidentiality and release provisions of that document, as he now claims, but on his last-minute realization, on September 12, 2013, that his attorneys' fees would have to be paid out of the settlement amount of $80, 000. [he plaintiff's contentions to the contrary, in his motion papers, are disingenuous and not supported by evidence. By refusing to sign the settlement agreement, on September 12, 2013, the plaintiff, acting in bad faith, caused his attorneys as well as the defendants' attorneys, to expend a significant number of hours to resolve the matter and consumed, unnecessarily, the parties' and the Court's resources and time. The Court finds that, in the circumstance of this case, the plaintiff's bad faith militates in favor of a 50% further reduction in the amount of attorneys' fees to be awarded. Accordingly, the plaintiff is entitled to $18, 000, in reasonable attorneys' fees.
The Court finds that the plaintiff's costs. in the amount of $6, 490.25. are reasonable.
For the foregoing reasons, the plaintiff's motion, Docket Entry No. 46, is granted. The plaintiff shall recover from the defendants: (a) $18, 000, his reasonable attorneys' fees; and (b) $6, 490.25, his costs.
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The Microsoft Response Center posted a note about a new DoS proof of concept against the ADODB.connection ActiveX control. Right now, that just makes it annoying, but it could also allow execution of remote code. US-CERT has the best summary of information about it at the moment. You can either disable ActiveX entirely or set the kill bit for this control as a workaround for now. See the advisory below for details.
US-CERT Vulnerability Note - ADODB.Connection ActiveX control unspecified vulnerability
In other news, I just found out about the new Microsoft Security Intelligence Report put out by their Anti-Malware group. While some may snicker at the term "Microsoft Security Intelligence", the report actually points to some interesting trends. It does sort of read like a catalog of Windows security products as well though, but if that's what you're managing then it may be good information to know.
You can find the report at the ridiculously long link below.
Posted by Addam Schroll on October 30, 2006, in Handlers Log.
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|Property type
|Minimum Stay
|2 - 21 nights
In the perfect location to discover the delights of the Cotswolds. Surrounded by countryside, ideal for walking, riding and cycling.. This detached holiday cottage is aptly named, located amongst the owner's grounds, with several large ponds and a great variety of ducks and birdlife. Visitors have sole use of a fully fenced pond area to the side of the cottage, ideal for dogs and children. Just 1 mile from Cricklade, a small, historic, 9th-century Saxon town, lying at the edge of the Cotswolds Area of Outstanding Natural Beauty, and is the only Wiltshire town situated on the banks of the River Thames. It's midway between Swindon and Cirencester, and is surrounded by lovely countryside ideal for walking, riding and cycling. At the north of the town is North Meadow, now a National Nature Reserve, and home to the rare 'Snakeshead Fritillary' which flower in April. Nearby is the Cotswold Water Park which offers activities including sailing, water/jet skiing, fishing and bird watching. Travelling around the Cotswolds there are many places to visit, step back in time by wandering the streets of the Regency spa town of Cheltenham, as well as ancient market towns such as Stow-on-the-Wold, Chipping Campden and Anglo-Saxon Winchcombe, where you'll discover Sudeley Castle. Beautiful ancient villages of note in this area include Broadway ('Jewel of the Cotswolds'), Bourton-on-the-Water (Little Venice), Stanton, and Snowshill. Some of the best Cotswold gardens include Batsford Arboretum, Hidcote, Kiftsgate, Sezincote and Bourton House. Leading visitor attractions include Snowshill Manor, the mysterious Rollright Stones and Chastleton House. Some particularly special historic towns include Cirencester (the Roman capital of the Cotswolds), Tetbury, Painswick (often called Queen of the Cotswolds), Burford, Malmesbury and Woodstock (home of Blenheim Palace). Some tourist attractions of special note are Westonbirt Arboretum, Woodchester Mansion, Kelmscot Manor, Malmesbury Abbey and Gardens, and the village of Bibury, which was once described by William Morris as 'the most beautiful village in the Cotswolds'. Shop, pub and restaurant ½ mile.. Ground floor: Living/dining room. Kitchen. Shower room with toilet. First floor: 2 bedrooms: 1 double (6ft) with additional pull-out single, 1 twin. Separate toilet.. Woodburner in living room (initial fuel included). Oil central heating, electricity, bed linen and towels included. Travel cot on request. Freeview TV. Electric cooker. Microwave. Washing machine. Dishwasher. Freezer. Wi-fi. Large lawned garden with patio, sitting-out area and furniture. Parking (2 cars). No smoking.
*Plus compulsory or optional charges based on actual occupancy or consumption. The payment has to be made in the currency offered by the property manager, before use of conversion tool. Payments in other currencies have to be negotiated beforehand with the property manager. The currency conversion tool is provided for your convenience only and is non-binding.


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9 ch. de la ballastière
This is the river's most popular activity. You will have a unique experience on your solo boat trip. This inflatable and unsinkable boat is too often only used by novices and is a great way to navigate without the restrictions of a kayak.
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- Riverside
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this activity provider
Leisure base located on the banks of Dranses out of Thonon on the way to Vongy / Evian ; Let's go to discover the river Dranses with you qualified monitor : rafting, white water swimming, canoe-rafting, kayak-rafting, canyoning...See service details
Other activities
Rafting Introduction
On the lower part of the river you can experience rafting without too much risk. The first sensations await you. A swimming against the current will be offered during the course
Armed with a float, flippers and wetsuit, swimming in white water is an incredible way to become one with the river. Surveillance by a specialist guide. On the River Dranse as you leave Thonon-Les-Bains.
Kayak trip on Lake
Try your hand at sea kayaking on Europe's largest lake. Kayaking is a great way to get incredible views of our mountains and get closer to hard-to-reach areas.
Canoe-raft on Dranse
Navigate an inflatable and unsinkable boat with a partner. You will learn the basics of river safety and enjoy your trip to the fullest.


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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
form of reproductive isolation
Populations may occupy the same territory but live in different habitats and so not meet. The Anopheles maculipennis group consists of six mosquito species, some of which are involved in the transmission of malaria. Although the species are virtually indistinguishable morphologically, they are isolated reproductively, in part because they breed in different...


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The Worship God Hates
Self-Imposed Worship
The worship God hates is anything the world calls worship. What other religions are doing in their churches—or doing to their gods—we shouldn't be doing anymore. "You must not worship (God) in their way," [Deu.12.32].
Worship services with prelude, opening and closing prayers, scripture reading and things like these are common in many religions, especially that one which promotes pagan Christianity. In fact, Sundays-only worships (worship to them is only on Sundays) are a long held practice by worldly religions. Many of them take pride in their expertise on the keyboards, drums, electric guitars, worship teams, and praise and worship programs. Well, don't get too excited about them because these are nothing new to pagan Christianity. They're all doing these things, too—in their solemn and lively worships.
Do you know that worship programs you plan and pray for are really "self-imposed worship" [Col.2.23]? They seem to be endowed with wisdom and humility (a false one, though) but are really powerless to radically transform people to live the radical life of Jesus. Paul says worship like that is worldly. It is self-imposed because you plan and decide what should happen. It's all man's effort...with some prayers. It's man imposing everything that should happen.
It's something like this:
PROGRAM PLANNERS: "Okay, God here's what we plan to do for you. We'd like to make them happen. Approve them."
GOD: "Your wish is my command."
Well, of course it doesn't sound as rude as that. It sounds something gentler like this: "God, our heavenly Father, we ask your blessings upon our worship program. Your will be done in everything. May you bless the presider, the one opening and closing in prayer, the worship songs..." and etc., etc.
You make it gentle and solemn like that to take away guilt and feel good about it all. But you had it all made.
Uniquely Spontaneous and God-Triggered
A great worship in the bible was during the Pentecost in Acts. Nothing there was planned and prayed for. They didn't decide or expect what would happen, or what the succession of worship events should be. They didn't decide the dramatic descent of the Holy Spirit in their midst.
"Okay, after opening prayer and scripture reading, we'll have the power of the Holy Spirit. We'll speak in tongues." It was nothing like that.
I personally heard some seminary pastors teach that the apostles in Pentecost really studied different languages beforehand, prior to their meeting in the upper room. Thus, they said, they were able to speak in tongues. So, in their minds, it was something like this:
Some months before the Pentecost.
APOSTLES: "Okay, enroll in a language school and take up these languages (foreign languages were enumerated). Then on Pentecost, these are the languages we will be using for speaking in tongues."
In truth, the apostles just did their genuine life prayer, soaking in God's presence, desiring nothing but Jesus. No plans or programs. And then things just began to happen—by the finger of God. It was something the world had not yet seen till then. Nobody else was doing it before that event. It was a unique worship form. It was straight from God--no human effort.
How Different is Your Worship?
So, what makes your worship different from what pagans today have? The absence of images and idols?
Well, surprise! A lot of these pagan churches are gradually throwing out their idolatry, not because they're finally seeing the light, but because they want to be competitive with non-idolatrous churches. And actually, many "Christian" churches are guilty today of spiritual idolatry. No visible carved or painted images or idols, but the vile idolatry is in their hearts, which is worse in God's eyes.
If you do what they're also doing, you're doing the worship God hates. You should be doing something different. And I don't mean you should come up with new gimmicks in worship. I mean, you should be updated in the present move of God. In His Kingdom, there's always something fresh and new in worship. You see God's mercies never come to an end, they come new every morning—because great is His faithfulness.
Angels worshiping in heaven always see new facets of God's glory each time they look at Him. God always has something new to manifest. Angels and the 24 elders bow down in awe eternally because new glories never fail to fascinate them. Not one glory is the same with the one previously revealed.
It used to be that only Christian churches were able to have choir special numbers during worship. They had the monopoly of playing modern Gospel music in church and singing popular hymns. The pagan Christian church could not do that. It was limited to old, old archaic and operatic church singing. They were limited to playing organs.
But after a long while, the pagan Christian church was able to copy them. They were also able to sing Gospel and praise and worship songs in their church. Soon, they also made use of praise and worship. They learned to dance like Pentecostals. Today, they also have worship teams and leaders singing the same songs that Christian churches sing. They've caught up with their competition. What's worse is that, Christian churches have maintained the status quo. Whatever you find in Christian churches, pagan Christian churches sometimes have it better.
One night my wife and I were doing our brisk walk when we passed by a pagan Christian church. Its worship team was practicing and they really sounded like the worship teams of evangelical churches. They even prayed like evangelicals.
Jesus, the Highest Worship
All the symbolism of perfect animal sacrifice in the Old Testament points to the Christ, and Christ is the perfection of worship to God. In Revelation, John wept because no one was found in heaven or on earth worthy enough in God's eyes to open the scrolls and break the seals—no one except the Lamb that was slain—Jesus Christ. Jesus is the highest worship and in fact the only worship worthy in God's eyes. In these last days, Jesus Christ is the last move of God, the only worship acceptable.
Jesus then sends us out like sheep among wolves. He sends us as sacrificial lambs to do the highest worship—living in wolf territory where we get crucified (insulted, mocked, and belittled) for his Name, and there live the very LIFE and manifest the very character of Jesus.
The highest worship that delights the heart of the Father is manifesting Jesus Christ 100 percent in our bodies, in our lives—not in air conditioned church offices or cozy and posh church sanctuaries where we "worship" him with every convenience, comfort, and the latest technology available—but right where wolves live and reign in the natural, those who tear limbs and flesh if they see you giving up everything for Jesus and living the very life of the Lamb that was slain.
Worship that Pagans Cannot Copy
The Jesus worship is something fakes cannot imitate. This worship is a life, not just a program. Programs are easy to copy. A life needs the right DNA. To live the Jesus worship, you have to give up everything—your material things, wealth, work, business, denomination, man's church, family, reputation, decency, honor, recognition, titles, degrees, achievements, properties, and even your very life.
You empty yourself and take the form of a slave—God's slave—with no privileges or rights, whatsoever. You become a nobody, a faceless household servant. Then you begin living the life of Jesus. Jesus starts really manifesting in you. You start getting the Jesus DNA for genuine worship cheered in heaven. You start becoming a real son or daughter.
Fakes would not be able to copy that. Who would dare give up and trash his church denomination and denominational titles, degrees, achievements, and position, for instance? Who'd dare quit his job (especially if he has a family) and let God tell him what job he should do? Who'd dare give up his or her money and bank account and lay them all at the apostles' feet?
Thus, Dr. Rev. Nicodemus could not figure it out. He couldn't see, "How can this be?" Jesus told him to be born again. That meant living his life all over again, trashing everything and starting from zero. It meant giving up all his trophies, his titles, degrees, position, and achievements as a Pharisee. He couldn't imagine such extreme and radical emptying of self. But emptying serves to set you free, free as the wind that blows wherever it wills. You hear it coming but cannot predict or anticipate or order where it goes. So is one born of the spirit.
- God's Flesh
God is spirit...we are His flesh.
- Kingdom Specifications
Kingdom specifications in the Word for Kingdom building accuracy.
Worship is Not a Sunday Service
Worship is a life, but religious men confine it into a day and further reduce it into a program. True worship goes on and increases in glory as you breathe. God told Joshua to meditate the Word day and night, while Paul insisted that prayer should be unceasing. Psalms declare that worship to God is daily. Moreover, our true spiritual worship is presenting our bodies—our daily lives—as living sacrifices, holy and acceptable to God.
In the church God gave me to handle, we don't have worship "services" on Sundays. We live lives on Sundays, and each day after. We worship in wolf territory, not in air-conditioned church buildings. We get more grace to see that only Jesus has the Father's seal of approval [Jn. 6.27]. Only Jesus can please God. Only God in us can please God.
More by this Author
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I began understanding the plan of God in the latter part of 1998. I had already been pastoring a big church then, starting as an associate pastor in 1983, and then being the senior pastor later. But everything was...
- 2
Great things are for the great. However, God's delight is in simple folks who have hearts like little children whose only talents are marvel at his work and heavily rely on him.
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God shows you something in Scripture so crystal clear, and it's so powerful. He tells you it's yours in due time, so you wait in expectation. Then it never happens. Instead, you see other people have it, and...
Comments 3 comments
The "Church" is the Born Again and nothing else.
Good points! Thanks for sharing.
Thank you for sharing this. Very challenging.


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Midweek Discount 2 or 3 nights 20% off Mon to 1pm Thurs only. Please proceed with the booking at full price, I will adjust the price and issue an updated invoice. We can't accept any hires finishing on a Fri or Sat or starting on a Sunday
The 33' accommodates up to 4 people. 3-7 day hires containing this weekend, can be booked here. 1pm first day to 4pm last day, an earlier start time will be offered at no extra cost if available.
The 33' houseboat can accommodate up to 4 people. Any hires up to 7 days, containing these dates, can be booked here.
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@socalitybarbie really knows how to wrap up the weekend. Hope everyone had a good one! #gorumpl |


text: hi im using a panasonic e 55 to record old vhs tapes to dvd also using a panasonic vcr i can record fine with vhs exept when i try to record tapes that were recorded with nstc i get the picture split a bit at the bottom of screen is this normal? or is there some setting i should know about? nstc video plays ok when not using e55 but when recording picture split at bottom hope someone here can help me thanks a lot teresa


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Useful English Lit. Links
I've decided to clean out and share some of the bookmarks I accumulated during my final semester! I hope some of you English majors find these helpful because I sure did! If you have any questions about Eng. Lit. or being in the major, feel free to ask! Good Luck!English Major Specific Links
The Best Internships for an English Major
In Defense of English as a Major
The Ideal English Major
Why Steve Strauss Should Stop Hiring English Majors
Novel and Fiction Writing Links
Novel Writing Tips and Fundamentals
Blog Your Block
Fan Fiction Plagiarism
The Writing Center: Style
Participial Phrases? C'mon, You Made that Up
Prologue in Fiction
Critical Feedback and You
Confusing Sentences that Actually Make Sense
Editing Tips for Effective Writing
How to Write a Bad Review
Guideline to Simplify your writing
How to Write a Cover Letter
Purple Prose vs Beige Prose
How to Critique Creative Writing
Live, Write, Thrive
Bondwine Books
The Give and Take of Critique
Professional Writing Vs. Fanfiction
The Publishing Process in Gifs
How to Write a Novel
Top 5 Tips to Cut Clutter
200 Common Redundancies
Periodic Table of Storytelling
Finding Your Writer's Voice: A Guide to Creative Fiction
Analysis of Emily Dickinson's One Need not be a Chamber
Analysis of Emily Dickinson's The Soul has Bandaged Moments
Shakespeare Sonnet 116
Toni Morrison They [Annotated]
Pam's Poem Portfolio
EliteSkills Analysis Mark Strand Keeping Things Whole
Analysis of Mark Strand's Keeping Things Whole
Beat Quotes
Emily Dickinson: Poet and Recluse
Drama and Theatre
Sparknote's Richard III
Fu Jen University Analysis of Eugene O'Niell's The Emperor Jones
The Importance of a Physician's Wit: A Critical Analysis of Science in Medicine
Analysis of The Second Mrs. Tanqueray
Culture quake: The Second Mrs Tanqueray
Enotes The Second Mrs. Tanqueray
The Second Mrs. Tanqueray
The Drama
Articles, Essays, and Papers
Unspoken Stories: Silence in the Literature of Atrocity
The Social Construct of Gender: A Comparison of Tennessee Williams ASND with Eugene O'Niell's LDJIN
Korea's Literary Tradition
A Survey of the Critical Writings of Jane Austen
Literary vs. Genre Fiction: What's All The Fuss About
Isn't it Ironic?
Three Dystopic Novels
Why is Jane Austen guilty of "cacography?" (Are you guilty, too?)
A Collection of Literary Essays and Creative Writing
A Review of Jane Austen's Persuasion
Marlana Eck, "'I'll be Post-Feminist When Our World is Post-Capitalist':Anarcha-Feminism"
An Encyclopedia of Prose Quotations
Eugene O'Niell's The Emperor Jones
The Company We Keep: An Ethics of Fiction
Medieval Joyce
James Joyce Araby
Jane Austen Persuasion
The Therapeutic Potential of Creative Writing: Writing Myself
College is Causing a Mental Breakdown
Writers and their Typewriters
Linguistic Family Tree
General Overview of the Victorian Era and Timeline
Victorian Era Child Labor
Victorian England an Introduction
Characteristics of Romantic and Victorian Literature
Victorian Literature
Literary Devices
Postmodern and Beyond
The End of Postmodernism: It is Dead and We Have Killed It
After Postmodernism: Performatism in Literature
General Introduction to the Postmodern
Beyond the Postmodern Toward an Aesthetic of Trust
A Search for a Post-Modern Theory of History
Postmodernism is Dead
The Death of Postmodernism and Beyond
Postmodernism: The 10 Key moments in the Birth of a Movement
Medicine, postmodernism, and the end of certainty
Me vs. My Undergraduate Thesis: The Fatal Flaw
Yeah Write
Spill Your Ink
Write World
Literary Criticism
Literary Critism Wiki Educator
Ars Poetica Translation Notes
An Analysis of Aquinas's View of Metaphor in Scripture
Corneille–Of the Three Unities
A History of Literary Criticism and Theory: From Plato to the Present
Essay on Pierre Corneille
Alexander Pope
To Write Alright: Pope's Essay on Criticism
Sir Phillip Sydney: The Defense of Poesy
Sidney's Apologie for Defense of Poesy
Matthew Arnold: Culture and Anarchy
Summary Notes on Henry James The Art of Fiction
Summary of William Wordsworth Preface to Lyrical Ballads
Lecture Notes: Poetry of William Wordsworth
Immanuel Kant: Aesthetics
Summary of Kant's Aesthetics
Kant and Art for Art's Sake
Nietzsche's Birth of Tragedy
Henry James and the Modern Novel
Henry James Reconciliation of Art and Morality
The Art of Fiction in Henry James' Novel The Wings of The Dove
Emerson's The American Scholar
Summary of Frye's "The Archetypes of Literature"
Summary of Freud's The Uncanny
Summary of Mikhall Bakhtin's "Discourse in the Novel"
ENotes John Crowe Ransom "The New Criticism"
Antonio Gramsci, schooling and education
Explanation of Roland Barthes From Work to Text
Roland Barthes Death of the Author Essay
Derrida for Dummies
Thomas Hardy's Jude the Obscure
Jude the Obscure Themes
Turning the Century with Thomas Hardy
Themes Analysis in Jude the Obscure
Shmoop Jude the Obscure
Julian Barne's The Sense of an Ending
On making sense of oneself: reflections on Julian Barnes's The Sense of an Ending
Stupidly English: Review
A Thousand Splendid Suns
Feminism v/s Gender equity: Socio-Political Activism in Khaled Hosseini's A Thousand Splendid Suns
Mariam's Search for Meaning of Life in A Thousand Splendid Suns
The Literary Basis of Feminism: An Analysis of Persuasion Through the Eyes of Vindication
Suns and Daughters: The Role of Marxism and Women in A Thousand Splendid Suns
The Sense of an Ending Explained


text:
Mariah's quest [electronic resource] : Harwood House Trilogy, Book 2. Dianna Crawford.
Electronic resources
Record details
- ISBN: 9781620290064 (electronic bk)
- Physical Description: 1 online resource
- Date Published: 2012.
Content descriptions
|Summary, etc.:
| Journey back to 1753 Baltimore, where Mariah Harwood is sold as an indentured servant to Colin Barclay. Her handsome new master just may be her ticket to paradise, but Mariah soon has her hands full as Colin plots to seduce her without being trapped into a commitment. Then when Colin is blinded in battle, Mariah must search within for qualities other than beauty to secure a marriage proposal. But how much will she sacrifice to garner true love?
|Reproduction Note:
| Electronic reproduction. Uhrichsville : Shiloh Run Press, 2012. Requires OverDrive Read (file size: N/A KB) or Adobe Digital Editions (file size: 2365 KB) or Amazon Kindle (file size: N/A KB).
Search for related items by subject
Christian Fiction.
Historical Fiction.
Electronic books.


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Uber Driver Takes Ohio Overdose Victim To Police StationPolice say a man who overdosed on heroin was revived by firefighters after an Uber driver delivered him to a police station outside of Cleveland.
High Volume Of Overdose Cases Putting Strain On Resources, Budgets Of First RespondersIt's a crisis that is gripping the nation, and spreading. Lawmakers across the country are trying to fight the growing problem of opioid addiction and overdose.
Car Slams Into Pole In Sheraden, Shots FiredA car slammed into a pole in Sheraden on Friday.
School District Begins Campaign To Fight Drug Addiction With Documentary ScreeningThe Baldwin-Whitehall School District is vowing to stand on the front lines of the battle of the growing drug addiction epidemic.
Police Make Major Drug Bust In The Hill DistrictPolice say they arrested one person during a large drug bust in the Hill District Tuesday.
University Prep Student Found Possessing 10 Stamp Bags Of HeroinAn 11th grade student at University Prep was found with nearly a dozen stamp bags of heroin Tuesday morning.
Dad Films Himself Telling Young Son His Mom Died Of Heroin OverdoseA Youngstown, Ohio man had to deliver devastating news to his young son, telling the boy his mother had died of a heroin overdose.
Hickton: Some Pa. Coroners Not Forthcoming With Overdose DataDavid Hickton says some of the state's coroners are thwarting efforts to gather overdose data needed to fight Pennsylvania's heroin and opioid epidemic.
Police: Man Who Resisted Arrest Had Heroin, Syringe In ButtocksState police say during a DUI arrest in Kittanning late Thursday night, a man was found to have bags of heroin and a syringe in his anus.
Police: Pennsylvania Dealer Hid 110 Heroin Bags In ButtocksPolice say a Pennsylvania drug dealing suspect was found hiding 110 small bags of heroin in his buttocks.
Wolf Urges Lawmakers To Act Fast On Opioid Addiction BillsGov. Tom Wolf addressed a joint session of the state House and Senate as he presses for action on a package of legislation designed to combat opioid and heroin addiction.
Just Say No To Narcan? Heroin Rescue Efforts Draw BacklashFirst responders in U.S. communities reeling from waves of heroin overdoses say some people tell them they should just say no to using so many resources on drug abusers.


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2 accommodations in Heidenau
Hotel ReichskroneDresdner Str. 84, Heidenau | 3 star hotelfrom $87
Knights Inn Poconos/BartonsvilleRoute 611 North, Bartonsville | 1 star hotelfrom $92
*Prices above are provided by partners for one room, double occupancy and do not include all taxes and fees. Please see our partners for full details.


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4737 S Marion Place, Chandler, AZ 85249
5 beds, 3.5 baths, 4,461 sqft
Status: Contingent
Available with Limitations, contact Long Realty for details (Contingent/CAPA)
Property Description
***BE SURE TO VIEW VIDEO & AERIAL TOUR!!!*** BACK ON MARKET--BUYER FAILED TO PERFORM! PREMIUM LOT-ONE OF THE LARGEST IN SYMPHONY II!! Best Value in The Sought After Gated Community of Symphony II! Entertainers Dream Home! Delight Family & Friends With Fabulous Style in Your New 4,461 SQFT, 5 Bedroom, 3.5 Bathroom Home Complete with a Bonus/Game Room & 4 Car Garage! All This & Situated on Just Under 1/2 an Acre With No Neighbors Behind! This Free Flowing Floor Plan is Designed for Entertainment & Comfortable Living with Separate Formal Living/Dining Rooms, Family Room with Bar, Plus a Guest Suite Downstairs with Full Bathroom. Soaring Vaulted Ceilings, Brilliant Natural Light, & Unique Fireplace in Formal Living Room with Glass Block Surround. Large Kitchen with Island, Breakfast Nook,
Listing Information for 4737 S Marion Place Chandler, AZ 85249
Hancock Homes
Ceiling Fan(s),Multi-Zones
School Information for 4737 S Marion Place Chandler, AZ 85249
Room Information for 4737 S Marion Place Chandler, AZ 85249
Family Room
Other Bedroom Walkin Closet, Other Bedroom Split, Other Bedoorm Downstairs
Master Bedroom Walkin Closet
Breakfast Room, Formal, Eat-in Kitchen
Pantry, Kitchen Island
Double Sinks,Tub with Jets,Separate Shwr & Tub,Private Toilet Room,Full Bth Master Bdrm
Dual Sinks, Jetted Tub, Separate Tub & Shower
Interior Features for 4737 S Marion Place Chandler, AZ 85249
Microwave, Refrigerator, Electric Range/Cooktop, Disposal, Dishwasher, Dryer, Washer
Tile, Carpet, Wood
Electric Heating
Double Pane
1, Gas Fireplace, Fireplace Living Rm, Firepit
9 Ft + Flat Ceilings, Vaulted Ceiling(s)
Exterior / Lot Features for 4737 S Marion Place Chandler, AZ 85249
4 Garage Spaces, 4 Parking Spaces, Direct Entry from Garage, RV Parking, RV Gate, Electric Door Opener
Stucco, Painted
Balcony, Patio, Covered
All Tile
Diving, Private, Community Pool
Symphony 2
Balcony/Deck(s), Private Yard(s)/Courtyard(s), Patio, Covered Patio(s), Children Play Area, Corner Lot
Community Features for 4737 S Marion Place Chandler, AZ 85249
Gated Community
Symphony ll HOA
Driving Directions to 4737 S Marion Place Chandler, AZ 85249
South on Cooper to Brooks Farm Rd, West to Marion, South to home on left.
Financial Considerations for 4737 S Marion Place Chandler, AZ 85249
Listing Price History for MLS#: 5501197
Chandler AZ Real Estate and Chandler AZ Homes for Sale
Chandler is located in the state of Arizona. The zip code of 85249 has a population of 237,456. The median age of people living in Chandler, AZ 85249, is 33.9 years.
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Check in from 14h / Check out prior to 11h
Pioneer Inn Homer: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Homer, United States.
Located in Homer, this inn is a few minutes walk from Norman Lowell Studio and Gallery, and a short drive from Anchor Point.
Hotel description
The inn's rooms are comfortable and provide a kitchenette that is equipped with a refrigerator, a microwave and tea and coffee making facilities.
The area near Pioneer Inn Homer has a range of cafés and restaurants. The Pratt Museum is under a two-minute walk from the inn.
Hotel features
Refrigerator, Coffee / Tea Maker, Microwave, En suite, Private Bathroom
Fitness Room/Gym, Golf Course
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When it comes to buying a TV there are literally hundreds of options. A 24" TV is a perfect fit for a child's bedroom, a kitchen, an office, a small room, or even used a monitor for a computer.
Furthermore, investing in an LED television can be a much smarter decision. LED televisions offer the brightest color, slimmest design and the least power consumption.
Here's the best 24" LED TV's for under $200 dollars.
Vizio E240AR LED Lit Razor HDTV
The E240AR comes standard with one HDMI port for your gaming system or Blu-ray player. At under $200 dollars, Vizio has packed in amazing value that still remains light on the wallet.
Panasonic Viera TC-L24X5 1080P LED/LCD TV
For more information on LED TV's check out these articles:
The Best 19" LED TV's For Under $200 Dollars


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Lot 6-1 Litchfield Road Londonderry, New Hampshire 03053
Listed by Maggie Verani of Bhhs Verani Londonderry
Call Four Seasons Sotheby's International Realty Real Estate for more information.
Lot Size: 1 acres
- Property Type: Land
- Acreage: 1
- State: New Hampshire
- Street: Litchfield Road
- Zip Code: 03053
- Town: Londonderry
- Area Description:
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being provided is for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data last updated on 12/08/2016.