text:
Apartment in Florence, Tuscany, Italy - Near the Ancient Food Market of S.Ambrogio, Craft Workshops, Antique Dealers, Flea Market
The apartment is situated in a small building at the second floor of two grounds. It hosts 2+2 people. It is near the church of Santa Croce, 10 minutes walking from the Duomo, Uffizi Gallery and all the most important places of interest of Florence. The apartment is about 65 square mts with wooden floors and typical frameworks of beams on the ceiling, recently restored and fully furnished with television,wifi access, air-conditioning, single heating, washing machine, iron and safe.
Top Traveller Review
Amazing rooftop apartment
I am glad that my help made your staying so enjoyable,
for me it was really a pleasure.
Hope to meet you again soon
About the Owner
Me and my husband live in the beautiful country between Florence and Siena with our two Great Danes . Our two children 'left the nest', the girl lives in Florence, the boy studies in Scotland. Rent the apt. gives us the opportunity to meet people from all over the world and find new friends.
Guestbook comments from the owner
The apartment is beautifully decorated, comfortable, extremely well maintained. We felt completely at home and secure. We loved the area.
Marina had corresponded mainly with my husband, but we both felt we had known her forever when she met us upon our arrival at the apartment. She was kind - and generous with her time, making sure we had everything we needed. (And we did!) The apartment lacked nothing. Charles & Sharon NM Usa Oct. 2010
What a wonderful home away from home. We loved sitting on the terrace with a view of Fiesole and the Tower of Giotto.
The marked below provided food for our table. The buses at our door took us anywhere we wanted to go. The neighbourhood restaurants were some of the best in town. We would recommend this perfect abode to all our friends. Thanks for a lovely 2 weeks Debbie, Ros and Judy, USA, May 2006.
3 Reviews
4.7 based on 3 holidaymaker reviews
Wonderful Florence Holiday Home
Well laid out and pretty apartment with lots of space for 2-4 people; comfortable bed (also has a sofa bed, but we didn't use it as we were only two) and large bathroom with good washing machine. Outside hanging space on little balcony and also clothes horse for drying clothes. Very clean and well maintained. Lots of toiletries and food staples in cupboards that others have left. Good Internet access. Quiet and good central location - all sites within walking distance. Good and safe garage within walking distance. Charming and friendly owners who care about your comfort - left us a nice bottle of wine to start our trip !! Our visit was over Christmas so we didn't use the fantastic roof terrace very much; but in summer this area would be a real plus for eating outside. Many terrific restaurants and supermarkets all nearby. Highly recommendable and we would stay here again.
Amazing rooftop apartment
The pictures of Marina's apartment do not do it justice - it is beautiful. When you arrive you are greeted by Marina who's attention to detail is tremendous ensuring that your stay at this amazing holiday home is everything you had hoped it would be. She very kindly arranged for our trips to Uffizi and Academmia to be as smooth as possible eg no long queues to join and the tickets were waiting at the booking office for us. Marina also arranged the taxi on return to the airport which made the journey home less stressful. The wonderful market next to the apartment is full of good things to eat and many well priced clothes. I would not hesitate to recommend this for your trip to Florence, we were sad to leave.
Great location, comfortable apartment
We had stayed in this apartment before, about 5 years ago and found it just as we fondly remembered. It is about 10 minutes walk from all the main attractions but Santa Croce is nearer still. The apartment itself is well equipped and furnished with plenty of room for at least 2 people. The roof terrace is amazing with views all around up to the hills of Fiesole. Marina is a delightful hostess, easy to communicate with and very helpful. If you are lucky you may find figs from her tree or a pot of jam or delicious olive oil as a gift. Stay here and enjoy the quieter side of Florence city centre, the delights of the San Ambrogio food market and some of the best restaurants in town.
From the Owner
"When we bought the apt. we divided in two smaller and we renewed them at all, for our children. Actually the girl lives in one of them and the boy lives in Glasgow most of the year.We love to share the apartment available with tourists who like to visit Florence, until he will be back at the end of his University courses. The district is amazing, full of life, with the near Market of S.Ambrogio and many restaurants and bars. It is out from the tourists crowd, but in a walking distance from the main Monuments. It is inside the restricted area for traffic, but there are paying parking nearby."
Activity and Interests
Special interest holidays:
We can provide tickets for Uffizi Museum,Accademia , organize cooking classes, tours of Val d'Orcia, wine and food tastings.
Versilia 80 Km (1 hour by car or train).
Bus stop to the Main Train Station (1 Km) at 50 mts.
Airport of Florence – Amerigo Vespucci- at 8 Km (25 miutes by car).
Airport of Pisa – Galileo Galilei- at 80 Km (by train or by bus with terminal at the Train Station).
The apartment is inside the restricted area where is forbidden the car access without a permission but at 50 mts there is payment parking. You don't need a car to visit Florence.
If required, we can help you to rent a car to visit the region.
Chianti Region at few Km
Siena 60 Km
Lucca 65 Km
Pisa 80 Km
Further Details:
The area where the apartment is located is full of restaurants, shops and in the morning, in the Market of S.Ambrogio, you can find fresh food, flowers and all the country goods.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Monthly *
|Event Price
high season
7 Mar 2016 - 31 Dec 2016
5 night minimum stay
for 5 nights
My Standard Rate
5 night minimum stay
for 5 nights
* Approximate monthly price. Actual pricing will depend on the days of the month you stay.
Additional pricing information
|No additional mandatory fees
Booking Notes:
20% advance payment to confirm the booking by bank invoice or paypal. The balance is due on your arrival. Caution refundable deposit of 200 euro is asked on arrival.
Changeover Day:
Arrival and departure days are indifferent.
Check in from 2.00 pm until 7.00 pm. Different time could be concerted in advance with the owner.
Check out by 10.00 am on departing day.
Notes on prices:
Apt. Stefano: prices shown are for the property per week in Euro. 20% discount for the 2nd week. Contact the owner about rates for longer periods.
Bed, bath and kitchen linen provided, utilitys, fees, final cleaning, wi fi access
included. Heating or air conditioned included according with the season.
Minimum stay 5 nights.
Up to 45 days prior arrival full refund of booking deposit.
Less then 45 days booking deposit is lost.
To make a reservation I require a 20% deposit by bank invoice or paypal (+5% Paypal fee).
Up to 45 days prior arrival full refund of booking deposit
Less then 45 days booking deposit is lost. Balance due upon arrival.
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"We had many guests during these years, many of them came back, many became friends. All of them feel at home, because the apt. is cosy, comfortable, well equipped, bright and quiet. All of them love the Market, because they can find all kind of goods and sellers are very friendly."
Property Type
- apartment
- Family
- Historic
- Romantic
- Tourist Attractions
- Air Conditioning
- Hair Dryer
- Heating ...
- Internet
- Iron & Board
- Linens Provided
- Living Room ...
- Towels Provided
- Washing Machine
- Coffee Maker ...
- Dishes & Utensils
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Toaster
- Dining Area
- Books
- Television
- pets considered
Location Type
- city centre
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Wide bathroom, with shower, bath tub, wc, basin, bidet and washing machine .
- 1 Bedroom, Sleeps 4
- Bedroom 1 - 1 Cot
- Description of sleeping capacity: Sleeps 2/4 (1 Bedroom) Notes on bedrooms: Very bright bedroom with a queen bed (or two singles) and a wardrobe.
- Balcony
- Terrace ...
- Golf ...
- Self-catering
- Cleaning / Towels / Linen / Maid service: Towels and linen provided. Final cleaning included in the price Other: The rooftop terrace has a loggia with table and 4 chairs where you can eat overlooking the Market and with the view of the Hills of Fiesole and the Giotto Tower.


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November 25, 2008
DAVID HATCHIGIAN, PLAINTIFF,v.STATE FARM INSURANCE COMPANY, DEFENDANT.
Presently before this Court is Defendant State Farm Insurance Company's Motion for Summary Judgment, and Plaintiff David Hatchigian's Response to Defendant's Motion for Summary Judgment. For the reasons discussed below, the Motion for Summary Judgment is denied.
On August 7, 2007, Plaintiff filed a Complaint alleging that Defendant, in bad faith, denied payment of insurance benefits "for a protracted period of time without cause" and "intentionally violated and breached the promise to deal in a fair and professional manner." (Pl.'s Compl. ¶¶ 23, 27.) Plaintiff seeks compensation in an amount equal to his claim for damages (punitive and compensatory) plus interest, attorneys' fees and costs. (Id.)
On June 9, 2009, Defendant filed a Motion for Summary Judgment asserting that, Plaintiff failed to state a claim under either Pennsylvania*fn1 or Delaware law, and arguing that prior to filing suit, Plaintiff never claimed that he sought light duty work after he ceased working on September 9, 2005. (Id. at 5.) Instead, Defendant notes that Plaintiff's prior argument had been that he was in "too much pain to continue even light duty work... and that his doctor told him to stay out of work." (Id. at 6.) Should this Court not grant summary judgment for the entirety of the Complaint, Defendant seeks denial of Plaintiff's request for attorney fees and costs. Plaintiff responded to Defendant's Motion for Summary Judgment on June 27, 2008.
On August 15, 2005, Plaintiff's lower back and neck were injured when a vehicle lost control and struck his van while parked in Philadelphia, Pennsylvania. (Pl.'s Compl. ¶¶ 6, 8; Def. Mot. Summ. J. ¶¶ 1, 2; Pl.'s Resp. Mot. Summ. J. 1-2.) Plaintiff's doctor, Jeffrey Siker, D.O., instructed him to stop work or limit himself to light duty work lifting no more than ten pounds. (Pl.'s Compl. ¶ 8.)
At the time of the accident, Plaintiff, a union electrician, was working for Goldsmith Electric ("Goldsmith"). (Id. at ¶ 11.) Despite his back injury, Plaintiff performed "light duty work," through September 8, 2005, when the job was completed. (Id. at ¶ 11, 12;
Pl.'s Resp. Mot. Summ. J. 3.) A member of three union locals, Plaintiff asserts that his injuries "prohibited him from being able to perform his normal work and he was unable to make arrangements for light duty work" with any union local. (Pl.'s Compl. at ¶ 13.) In fact, Plaintiff claims that these union locals never posted light duty positions. (Pl.'s Resp. Mot. Summ. J. 5.) Unable to work for thirteen weeks, Plaintiff was cleared for a full range of work on December 12, 2005. (Id. at 6.)
At the time of the accident, Plaintiff's van was covered by State Farm policy number 12 2310-C1108 which insured "the loss of wages or salary... the insured would have earned in his or her regular work but not other income." (Pl.'s Compl. ¶ 4, 5; Def's Mot. Summ. J., Ex. B, State Farm Policy, Section II, Coverage P.) Plaintiff claims to have lost $34,621.60*fn2 in income due to the August 15, 2005, accident. (Pl.'s Compl. ¶ 14.) Following the accident, State Farm avers that it tried to contact Plaintiff at the Delaware address and phone number provided, but were unable to do so as Plaintiff had moved to Pennsylvania. (Def.'s Mot. Summ. J. 2.)
On November 21, 2005, Plaintiff filed an "Application for Benefits" which made a "loss of earning" claim. (Pl.'s Resp. Mot. Summ. J. 5.) With the application, Plaintiff provided an August 17, 2005, letter from Dr. Siker stating that "Mr. Hatchigian has been under my care since August 17, 2005, due to injuries incurred in a motor vehicle accident" and noting that "per my instruction he [Plaintiff] has been instructed to limit his work to light duty. He should not do lifting of more than 10 pounds." (Def's Mot. Summ. J., Ex. SF Documents, p. 4.)
On December 4, 2005, Defendant wrote stating that it had received Plaintiff's "Application for Benefits form," but asking for "your employer's complete mailing address" as we will "verify your wages and lost time from work through your employer." (Id. Ex. SF Documents, 11.) On December 14, 2005, Defendant wrote Goldsmith asking that it complete a "Wage and Salary Verification" form. (Id. Ex. SF Documents, 10.) The completed form indicated that Plaintiff was employed through September 8, 2005, and did not miss any work. (Id. Ex. SF Documents, 3.)
On January 11, 2006, Dr. Siker wrote a letter "to whom it may concern" stating that Plaintiff:
has been under my care since August 17, 2005 due to injuries incurred in a motor vehicle accident. As per my instructions he has been instructed to limit his work to light duty from August 18, 2005. Beginning December 12, 2005, he was cleared to regular duties. He continues to have treatment in my office as he rehabilitates his injury. (Id. Ex. SF Documents, 2.)
The same day, Ms. Hudson, a claims representative for Defendant, left Plaintiff a voice message indicating that a check covering lost earnings would be issued by Defendant. (Pl.'s Resp. Mot. Summ. J. 5.) This check was not issued. (Id.) Ms. Hudson later indicated that this voice message was issued before Goldsmith told Defendant that Plaintiff was laid off. (Def's Mot. Summ. J., Ex. SF Documents, Activity Log entered 2/10/06.) Activity log notes indicate that Plaintiff was told that lost wages would not be paid "if he was laid off," but Plaintiff continued to assert that he "stopped working because the dr. told him to stay oow [out of work]." (Id. Ex. SF Documents, Activity Log entered 1/13/06.)
On January 26, 2006, Plaintiff wrote Defendant detailing his efforts to provide Defendant with documentation supporting his claim and requesting "immediate payment of benefits." (Id. Ex. SF Documents, 24-25.) Plaintiff stated that he would file a formal complaint with the Delaware State Insurance Department "if I do not hear from you or receive payment in the next 10 days." (Id.) On March 2, 2006, Plaintiff wrote Matthew Denn, Delaware's Insurance Commissioner, detailing his correspondence with Defendant. (Pl.'s Resp. Mot. Summ. J. 6.)
Defendant wrote to Plaintiff, on February 1, 2006, stating that Goldsmith provided information indicating that he was "laid off." (Def.'s Mot. Summ. J., Ex. SF Documents, p. 9.) Further, "since you worked during the period you were temporarily disabled, and your job ended on September 8, 2005, it appears you are not owed lost wages," but "[i]f you have additional information you would like for us to consider, please forward it to my attention." (Id.) Activity log notes indicate that Plaintiff "attempted to work light duty and could no longer work after 9-9-05 due to pain." (Id. Ex. SF Documents, Activity Log entered 2/10/06.)
On April 13, 2006, Frank J. Marcone, Plaintiff's counsel, wrote Defendant noting that between the date of the accident and December 12, 2005, Mr. Hatchigian, as stated above, mitigated your damages by successfully procuring "light duty" work from August 17, 2005 until September 8, 2005. Thereafter, the "light duty" work to which he had been assigned terminated. He was then assigned regular duty work which his injuries sustained in this accident prevented him from performing. (Def.'s Mot. Summ. J., Ex. SF Documents, 22-23.) Defendant avers that there is no evidence that Plaintiff sought light duty work after September 8, 2005, but rather "his contention seemed to be that he was not required to continue to perform light duty as prescribed by his doctor, but rather, that he had done so voluntarily an as a favor to State Farm." (Def.'s Mot. Summ. J. 4.)
On May 12, 2006, Mr. Marcone wrote Defendant as he had not received a response to his April 13, 2006, letter and "[u]nless you respond within the following ten (10) days with a positive solution to your complete denial of this legitimate claim, I will have no alternative but to fiel ( sic ) an action in Federal Court seeking damages resulting from a'bad faith' handling of Mr. Hatchigian's claim." (Id. Ex. SF Documents, 21.)
On May 19, 2006, Defendant replied stating that Mr. Hatchigian's employer confirmed he continued to work from August 17, 2005 through September 8, 2005. State Farm was advised by his employer that he was laid off because his job ended not because of his disability. Based on the information provided by the employer, Mr. Hatchigian's is not entitled to any additional lost wages from September 9, 2005 through December 12, 2005. (Id. Ex. SF Documents, 8.) The letter further stated that "if you have documentation from the employer contrary to what State Farm has been advised please forward it... for review." (Id.)
On June 2, 2006, Mr. Marcone wrote a detailed letter explaining Plaintiff's understanding of the matter. (Id. Ex. SF Documents, 18-20.) He asserted that Plaintiff mitigated damages by performing light duty work, but once his job with Goldsmith ended "he was unable to work at his normal tasks since being a Union Electrician normally requires the employee exert himself beyond what Mr. Hatchigian was able to safely perform." (Id.) Counsel further averred that Defendant's refusal to pay Plaintiff's claim may be "based upon a lack of knowledge how a Union Electrician is employed" as the work is strenuous and light duties "usually come at the end" of a job. (Id.) On June 19, 2006, Mr. Marcone again wrote stating that he received no response to his June 2, 2006, letter, and "unless this matter is resolved in our favor within the next ten (10) days, I am instructed to file suit pursuant to a claim for'bad faith'." (Id. at Ex. SF Documents, p. 18-20.)
On July 3, 2006, Defendant wrote stating "as State Farm has previously requested, in order to consider any claim for wages for Mr. Hatchigian, we will need the disability notes Mr. Hatchigian's doctor wrote concurrent with the times of his alleged disability." (Id. at Ex. SF Documents, 6-7.) However, "based on the information we have at this time, we are unable to consider any additional claims for lost wages." (Id.) On September 17, 2006, Mr. Marcone wrote that Plaintiff "provided you with all the documentation you have requested and you have affirmative information... that he only was able to work on light duty assignments. Once those light duty assignments terminated, his obligation to mitigate damages ceased and he qualified for lost earnings." (Id. Ex. SF Documents, 16.)
On October 6, 2007, Mr. Marcone replied to Defendant's October 3, 2007, letter seeking proof of Plaintiff's "efforts to procure light duty work." (Pl.'s Resp. Mot. Summ. J., Ex. 10/6/07 Marcone Letter.) Mr. Marcone noted that he asked Plaintiff to "inquire with the persons who assign the jobs to see if he is able to procure a letter from them confirming his request" for light duty work. (Id.) Defendant responded on October 11, 2006, that no "additional information to support David Hatchigian's lost wage claim" had been received (Def.'s Mot. Summ. J., Ex. SF Documents, 5.)
On October 25, 2007, Mr. Marcone again wrote Defendant's counsel, and attached letters from officials at the three union locals to which Plaintiff belonged. (Id. Ex. F.) The October 9, 2007, letter from Charles Harvey, Business Representative for International Brotherhood of Electrical Workers ("IBEW") Local 98 stated that "IBEW Local Union 98 has no light duty classification." (Id. Ex. E.) An October 12, 2007, letter from Local 380's Business Representative, Fran Clark, stated that "IBEW Local Union 380 has many classifications. Unfortunately, none of these can be determined to be " LIGHT DUTY." (Id. (emphasis in original).) Dan Rafter, Assistant Business Agent for Local 654, wrote on October 12, 2007, that "IBEW Local Union 654 has no classification for light duty electricians." (Id.) Responding to these letters, Defendant notes that none of them address whether "light duty work was available in 2005 or whether Mr. Hatchigian sought same through them." (Id. at 6.)
"Hearing no response," Defendant closed Plaintiff's claims file on November 16, 2006. (Id. at 5.) No further action was taken until "suit was filed on August 7, 2007." (Id.)
Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." F ED. R. C IV. P. 56(c). A factual dispute is "material" only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510 (1986). For there to be a "genuine" issue, a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. (Id.)
On summary judgment, it is not the court's role to weigh the disputed evidence and decide which is more probative, or to make credibility determinations. Boyle v. County of Allegheny, PA, 139 F.3d 386, 393 (3d Cir. 1998) (citing Petruzzi's IGA Supermarkets, Inc. v. Darling-Delaware Co. Inc., 998 F.2d 1224, 1230 (3d Cir. 1993.) Rather, the court must consider the evidence, and all reasonable inferences which may be drawn from it, in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993 (1962)); Tigg Corp. v. Dow Corning Corp., 822 F.2d 358, 361 (3d Cir. 1987). If a conflict arises between the evidence presented by both sides, the court must accept as true the allegations of the non-moving party, and "all justifiable inferences are to be drawn in his favor." Anderson, 477 U.S. at 255.
Although the moving party bears the initial burden of showing an absence of a genuine issue of material fact, it need not "support its motion with affidavits or other similar materials negating the opponent's claim." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). It can meet its burden by "pointing out... that there is an absence of evidence to support the nonmoving party's claims." (Id. at 325.) Once the movant has carried its initial burden, the opposing party "must do more than simply show that there is some metaphysical doubt as to material facts." Matsushita Elec., 475 U.S. at 586. "There must be sufficient evidence for a jury to return a verdict in favor of the non-moving party; if the evidence is merely colorable or not significantly probative, summary judgment should be granted. Arbruster v. Unisys Corp., 32 F.3d 768, 777 (3d Cir. 1994), abrogated on other grounds, Showalter v. University of Pittsburgh Med. Center, 190 F.3d 231 (3d Cir. 1999).
A. Choice of Law
Defendant states that "Plaintiff has asserted a claim for damages under Pennsylvania's bad faith law, 42 P A C ONS. S TAT. § 8371.*fn3 " (Def.'s Mot. Summ. J. 8.) While asserting that Plaintiff cannot recover under Pennsylvania law, Defendant argues that Delaware, not Pennsylvania law, applies as the policy was issued pursuant to Delaware law, and Plaintiff was a Delaware resident at the time of the policy's issuance. (Id. at 8-9 (citing Anderson v. State Farm Mut. Auto. Ins. Co., Civ. A. No. 00-4518, 2001 WL 1526280, at * 2 (E.D. Pa Nov. 29, 2001.).)
Plaintiff's Response to Defendant's Motion for Summary Judgment also argues for application of Delaware law. Plaintiff notes that Defendant asserts that "plaintiff's suit must be dismissed since he has asserted his claim'under Pennsylvania's bad faith law'" even though "there is absolutely no reference to the Pennsylvania Statute nor any reference to seeking recovery under a Pennsylvania Statute" in the Complaint. (Pl.'s Resp. Mot Summ. J. 14.) Plaintiff further asserts that while the Complaint "may have mentioned Pennsylvania law however there is nothing in the Complaint which could be construed even remotely seeking recovery based upon Pennsylvania law" as this reference to Pennsylvania law "is simply to note that Delaware has no applicable statutory law however often in cases where there is a question of legal precedence, the law of a sister state could be the basis for comparison." (Id. at 15-16.)
This Court disagrees with Plaintiff's assertion that nothing in the Complaint "even remotely" suggests that Plaintiff seeks "recovery based upon Pennsylvania law." (Id. at 14.) Rather, looking at the Complaint it is hard to discern any semblance of a claim brought under Delaware law, as the word "Delaware" is absent from the Complaint. The Complaint states that Defendant "violated the law related to good faith dealing and fair dealing with Plaintiff," and evidenced "bad faith under the Pennsylvania law... as defined by law and by common practice, and common law." (Pl.'s Compl. at ¶¶ 25-27.) Nowhere in the Complaint does Plaintiff indicate that "the law of a sister state" was used as "the basis for comparison" with Delaware's common law approach to bad faith claims. (Pl.'s Resp. Mot. Summ. J. 16.) This Court is left with a Complaint, filed in the Eastern District of Pennsylvania, that only refers to "Pennsylvania statute" and the "common law." (Id.) Given the vagaries of Plaintiff's Complaint, it would appear that Plaintiff sought relief under Pennsylvania and not Delaware law.
Notwithstanding the Complaint, the parties seek to have Delaware law applied. This Court's choice of law analysis is guided by the Third Circuit's decision in Assicurazioni Generali, S.P.A. v. Clover, 195 F.3d 161 (3d Cir. 1999). The insurance policy in that case did not contain a choice of law provision, however, the Court of Appeals noted it was drafted in accordance with Indiana law because it included the underinsured endorsement required by that state. Finding that Pennsylvania in large measure followed the Restatement (Second) Conflict of Laws, which holds that a contract's references to the laws of a particular state may provide persuasive evidence that the parties to the contract intended for that state's law to apply, the Third Circuit concluded that the district court should have considered the content of the endorsement itself rather than an interest analysis as determinative of the choice of law question. Thus, the Third Circuit reasoned, Indiana law should have been applied. See Clover, 195 F.3d at 164-65.
In this case, State Farm's automobile insurance contract contained no specific "choice of law" provision. The policy, however, contains numerous provisions explicitly referring to Delaware law, Delaware or Delaware's Insurance Commissioner. In "Section II--No-Fault--Coverage P," the policy states that "[w]e will pay in accordance with Subchapter 1, Chapter 1, Title 21, of the Delaware Code for bodily injury to an insured caused by accident."
(Def.'s Mot. Sum J., Ex. B, 10 (emphasis in original).) The policy provided for arbitration "if the insured sends a written request for arbitration to the Delaware Insurance Commissioner." (Id., Ex. B, 10, 21 (emphasis in original).) Reference to Delaware is made under the section entitled "Other No-Fault Coverage Available From Other Sources," and the Delaware State Treasurer and the Delaware Motor Vehicle Safety Responsibility Law are mentioned in "Section III--Uninsured Motor Vehicle--Coverage U." (Id. Ex. B, 11, 13.)
Like the Third Circuit in Clover, this Court finds that the language of State Farm policy 12 2310-C11-08 clearly determines the outcome of the choice of law issue. The Court sees no need to undertake a detailed interest analysis.*fn4 Accordingly, the Court will apply Delaware law in interpreting the State Farm insurance policy.
B. Bad Faith Claims Under Delaware Law
Unlike Pennsylvania, Delaware does not have a statute addressing "bad faith" insurance claims. Rather, in Delaware, a "bad faith" insurance claim "sounds in contract and arises from the implied covenant of good faith and fair dealing." Coleman DuPont Homsey v. Vigilant Ins. Co., 496 F. Supp. 2d 433, 437 (D. Del. 2007) (quoting Dunlap v. State Farm Fire & Cas. Co., 878 A.2d 434, 440 (Del. 2005) (citing Tackett v. State Farm Fire & Cas. Co., 653 A.2d 254 (Del. 1995). A bad faith claim entails that the insurer "failed in bad faith to investigate or process the claim or to have delayed in its obligation" such that denial of benefits was "clearly without any, reasonable justification." Tackett, 653 A.2d at 264 (citing Casson v. Nationwide Ins. Co., 455 A.2d 361, 369 (Del. Super. Ct. 1992).)
While a plaintiff may recover for breach of contractual obligations, Delaware courts provide that punitive damages are recoverable only in "egregious cases of wilful or malicious breach of contract." Casson, 455 A.2d at 368 (noting that while "no Delaware case has directly addressed this issue... given a proper set of circumstances, our courts would authorize recovery of punitive damages in egregious cases of wilful or malicious breach of contract."); Tackett, 653 A.2d at 256 ("punitive damages may be recoverable for intentional or malicious breach of a contract of insurance.").
The validity of the insurance contract is not in dispute. Both parties concede that Plaintiff's chiropractor instructed Plaintiff "to limit his work to light duty from August 18, 2005" and that beginning December 12, 2005, he was "cleared to regular duties." (Def.'s Mot. Summ. J., Ex. SF Documents, 2.)
Likewise, the parties do not dispute that Defendant reversed its decision to provide Plaintiff with payment for thirteen weeks of lost earnings. Plaintiff argues that this reversal was made even though he "made a proper claim for coverage and reimbursement for his loss of earnings." (Pl.'s Compl. ¶ 14.) Plaintiff avers that the "claim was for a loss occurring within the stated policy provisions and proof of claim was submitted to the Defendant insurance company." (Id. at ¶ 16.) Yet, "Defendant insurance company, by its' agents, servants and employees has refused to pay the properly presented loss" resulting in the denial of coverage and payment "constituting the breach of contract which resulted in an act of Bad Faith by the Defendant company." (Id. at ¶¶ 17, 18.)
Conversely, Defendant argues that it reversed its decision to provide payment for lost earnings only after learning from Plaintiff's employer that he ceased working not because he was injured but rather because he was laid off. (Def's Mot. Summ. J., Ex. SF Documents, Activity Log entered 1/13/06.) Ms. Hudson noted that she told Plaintiff "we would not owe him wages if he was laid off." (Id.) Defendant claims that Plaintiff did not respond to its February 1, 2006, letter asking Plaintiff "to submit further information, should there be any, in support of his claim." (Def.'s Mot. Summ. J. 3 & Ex. SF Documents, 9.) In fact, Defendant argues that prior to filing suit, Plaintiff never claimed that he made efforts to obtain light duty work after he ceased working on September 9, 2005. (Id. at 5.) Instead, Defendant notes that Plaintiff's prior argument was that he was in "too much pain to continue even light duty work... and that his doctor told him to stay out of work." (Id. at 6.) While Plaintiff later submitted, as evidence, letters, written in 2007, from officials at three of the union locals stating that they had no "light duty" work, Defendant notes that these letters do not address whether they had such work in 2005. (Def.'s Mot. Summ. J. 6.)
Based on the pleadings, it is clear that there exist genuine issues of material fact warranting the denial of summary judgment. The parties agree that Plaintiff last worked on September 8, 2005. What is unclear is whether or not Plaintiff was "laid off" or whether he was unable to find employment because his injuries limited him to "light duty" work and none was available. If the former holds true, Plaintiff would not qualify for insurance benefits. If the latter situation is correct, he would likely qualify for lost earnings payments. Factual disputes regarding Plaintiff's ability to work, whether he sought light duty work, as well as his obligation to mitigate lost income remain. Given legitimate disputes regarding these factual matters, summary judgment is denied.
C. Attorney's Fees
Defendant notes that "[a]ttorney's fees and litigation costs are not automatically awarded to a plaintiff even should he prevail on his claim in chief." (Def.'s Mot. Summ. J. 11.) In fact, Defendant avers that "under Delaware law, attorneys fees and litigation costs are never appropriate items of damage in a first party bad faith action absent a contractual agreement, statutory authority, or court rule imposing such damages." (Id. (citing E.I. DuPont v. Admiral Ins. Co., 1994 WL 465547, * 6 (Del. Super. Aug 3, 1994.))) Given the absence of any contractual agreement, statutory authority, or court rule mandating an award of attorney fees or costs, Defendant argues that "judgment should be entered for defendant on those claims." (Id.)
Plaintiff counters that Delaware courts have modified the holding of Admiral Ins. Co. permitting the award of fees in "cases where the underlying (pre-litigation) conduct of the losing party was so egregious as to justify an award of attorneys' fee as an element of damages, and cases where the court finds that the litigation was brought in bad faith or that party's bad faith conduct increased the costs of litigation." (Pl.'s Resp. Mot. Summ. J. 21 (citing Arbitrium (Cayman Islands) Handels AG v. Johnston, 705 A.2d 225, 231 (Del. Ch. 1997.)))
Under the "American Rule," parties to litigation are to pay their own attorneys' fees and costs, absent statutory authority and a court order providing otherwise. Buckhannon Bd. and Care Home, Inc. v. West Virginia Dep't. of Health and Human Resources, 532 U.S. 598, 602 (2001). There are exceptions to this rule, and courts in Delaware have "broad discretion to award attorneys' fees where litigation was brought in bad faith or where bad faith conduct by one of the parties increases the costs of the litigation." In re § & C Tech., Inc. Shareholders Litig., 948 A.2d 1140, 1149 (Del. Ch. 2008); see also Arbitrium (Cayman Islands) Handels AG v. Johnston, 705 A.2d 225, 231 (Del. Ch. 1997); Openwave Systems, Inc. v. Harbinger Capital Partners Master Fund I, Ltd., 924 A.2d 228, 245 (Del. Ch. 2007) ( "While the award of attorneys' fees is'unusual' relief, the Court of Chancery has broad discretion in making such awards."). "To award fees under the bad faith exception, the party against whom the fee award is sought must be found to have acted in subjective bad faith. A finding of bad faith involves a higher or more stringent standard of proof, i.e.,'clear evidence.'" Arbitrium, 705 A.2d at 232.
Given the outstanding question of whether or not Plaintiff has raised a valid bad faith claim regarding nonpayment of an insurance claim, it is premature to determine whether Plaintiff should be awarded attorney fees. Accordingly, Defendant's Motion for Summary Judgment seeking that Plaintiff be denied recovery of attorneys' fees and costs is denied.
For the reasons discussed above, Defendant's Motion for Summary Judgment is denied in its entirety. An order follows.
AND NOW, this 25 th day of November, 2008, upon consideration of Defendant State Farm Insurance Company's ("State Farm") Motion for Summary Judgment (Doc. No. 15), and Plaintiff, David Hatchigian's Response to Defendant's Motion for Summary Judgment (Doc. No. 17), it is hereby ORDERED that Defendant's Motion is DENIED in its entirety.
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Rain and wind cuts arts festival short
A burst of rain and wind ripped through Jawbone Park Saturday, taking with it signs, light products and even moving vendor tents, as artists and chili cookoff participants grabbed their wares in an effort to prevent damages.
Many of the participating artists quickly packed up their fragile works and ended the festival early – around 1 p.m.
Participants in the chili cookoff toughed it out, and the judging for the contest was pushed to an earlier time.
"It's really a shame," said Carol Meese, who was supervising the Upshur County Pro Start chili booth. "I'm sure everybody worked very hard for this to happen. What can you do? You make the best of it. Everybody's still smiling."
The event was set to take place from 10 a.m. to 5 p.m., but before it's abrupt end, many guests still were able to browse the artwork and taste test the chili.
"Despite the rain, I'd say that the turn-out is very good," Raedjio Arrowroot of Shanty Town Circus in Buckhannon said. "The craftsmanship is excellent. It's wonderful that we can have such an exposition of arts in this region."
Art vendors displayed everything from photography, paintings and glasswork to pottery, jewelry, drawings and baskets.
"I love baskets because you can take this raw material, with changing color and shape, and you can create thousands of different products," Shelia Brown of Kingwood said. "I took a basket-making class probably about 25 years ago. It was a hobby. When my children went to college, it filled that empty nest syndrome."
Brown was among the many artists who packed up and left early as the weather rained on her plans to show and sell her work. Although she traveled to Buckhannon from Kingwood, she said she would rather protect her baskets than risk losing all of her product. It was her first year participating in the festival.
Al Tucker, a member of the Buckhannon Upshur Camera Club, said that the club sold a few photos and about six of its photo books. The group also packed up and left the festival early to protect the photographs that were on sale by its various members.
This year, there was no set-up fee for the artists to participate in the festival because of a grant awarded to the festival's hosts, the Main Street Arts Cooperative. Before storms forced the vendors to seek shelter, the skies were gray and a light rain trickled to the ground. The gush of wind and rain came suddenly and unexpectedly to some of the artists.
"I actually didn't really expect it to rain," Sarah Howard of Buckhannon said. "For the artists to have to pack up and leave so early, hopefully, it wasn't too bad for them."
Howard had four paintings on display at a shared booth.


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Legal Standards Related to Gender Equality and Women's Rights in the Inter-American Human Rights System: Development and Application
3 November 2011 | Publisher: Inter-American Commission on Human Rights (IACHR) | Document type: Regional Reports
Refugee Appeal Nos. 73898 & 73899
9 November 2004 | Publisher: New Zealand: Refugee Status Appeals Authority | Document type: Case Law


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Fun with Fabric Dye
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"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Ribbon Organizer
By: Terri O.
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The project was added to your Craft Projects.
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Do you have too many spools of ribbon? Well so does Terri O. Take a peek at this super simple homemade ribbon holder video she made. After this, your ribbons will never be a mess again!
Terri shows us how simple it is to get organized with a shoe box and a couple dowels! This simple craft project will take no time at all to make and ensure that your keep your ribbons organized and stored away when you are not using them.
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Apr 04, 2016
Nice idea and very inexpensive. I like the idea of cutting the slats for ribbon to flow through easy. Most things I have thought about doing would have got ribbon tangled sooner or later. This looks so much neater than just throwing ribbon in a box where you have to rummage through to find which one you want and I like to coordinate them by color. Can you use the plastic boxes too.? Has anyone tried anything different?
rabber01 9685868
Jan 28, 2013
I made this with a clementine box. You can paint it, or leave it with the advertising for a folksy look.
knightfamily 25577 79
Jan 05, 2013
sounds great but I see no pictures or instuctions
Jan 28, 2013
The pictures and instructions are in the video. Click on the triangle on the screen to begin. I made a couple of these and they work pretty well. Make sure the shoe box is sturdy.
Aug 22, 2012
VERY nice . . . I want to make something using the same concept for my jewelry wire. But for that I'll use the tube from a roll of paper towels instead of a dowel.
dottychops 7356420
Aug 22, 2012
wow what a great idea, thanks for sharing
rosieandtess 11722 35
Aug 22, 2012
What a brilliant idea. Why didn't I think of that? i'll get a couple of shoeboxes when I go shopping on Friday. Thankyou for sharing this idea
Apr 08, 2012
Great idea, also have another idea I use.you tie a thick piece of robe,strin the ribbon rolls on the robe and hook to two hooks,one at each end into your ceiling,let hang as low as you need,off the floor,out of the way but way easy use.
rydonsolutions 645 5882
Aug 24, 2011
Excellent idea. My product organizational skills need a lot of improvement and this is great. Thank you. I will be implementing this idea right away.
Aug 23, 2011
Love this Terri. Thanks for sharing something we can all afford to do. Barbara p.s. Did you send me a slipper?? :)
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GruttePier's trading journal to getting profitable
|April 29th, 2016, 02:07 PM
|#341 (permalink)
Market Wizard
Murrells Inlet SC
Futures Experience: Advanced
Platform: Tradestation
Favorite Futures: ES, CL, ETFs
Posts: 9,158 since Dec 2012
Thanks: 9,767 given, 25,019 received
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Got a hunch, bet a bunch!
In all seriousness, watching the higher timeframe it was a range bound week and buying was not being supported by strong buy programs. In other words, it was going up because it wasn't going down. Had the day before not ended when it did, the fall out would have occurred then IMO. Sometimes it's just a hunch though
I should add, and these are just my thoughts, that traders in my timeframe or above have had some pent up energy and have been waiting to through our weight around and get something going- times like these I believe we can get things set in motion.
Last edited by Inletcap; April 29th, 2016 at 02:21 PM.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Music-Romantic Period
'ROMANTICISM' is a concept that can be easily recognized but is probably just as difficult to define. Like all other movements, Romanticism also emerged as a reaction to general idea, practices, social norms and political problems of the time. The general concept of romanticism sees music as an expression of intimate and sublime emotions. The period that can be categorized as romantic varies but generally covers the decades from early 18th century to early nineteenth centuries. Romantic influence on music was recognized as early as 1773 when Wyzewa and Saint-Foix thought they had seen 'grande crise romantique' in Mozart's symphonies. Abert felt he had also noticed 'ein romantischer Zug' in quartets K. 136-8. Romantic influences were also evident in Haydn's minor-key symphonies of the 1770s and in Bach's compositions. Romanticism was present in almost all of Beethoven's compositions but it is generally believed that the period 1830-90 was the golden era of Romantic music. This was the most productive Romantic period as Goethe once complained to Eckermann that 'everybody talks now about Classicism and Romanticism -- which no one thought of fifty years ago'. This was quite true since at that time, Berlioz was busy composing his Symphonie fantastique, Schumann was working on his Op. 1, and Chopin was creating his E minor Concerto. It was primarily because it was during this time that great composers like Berlioz, Chopin, Schumann, Mendelssohn, Liszt, Wagner, and Verdi -- all attained maturity in their music. These composers along with the likes of Beethoven and Brahms developed new concepts in form and harmony in Romantic music and turned it into a genre of its own.
Romanticism in music reflected the general characteristics of Romantic Movement. The composers believed in depth of emotion and romantic music reflected this in abundance. It was primarily a reflection of massive changes that were taking place in all spheres of life during that time. Consequently, the events of that era had had profound impact on the Romantic music.
The Industrial Revolution and the damage it wrought, was one of most important influence of the time, which had a profound effect on the production and price of musical instruments and resulted in creation of different forms in music. Some new instruments such as tuba were invented. Orchestras also gained size, magnitude and popularity as they moved from palace and church to the public concert hall. It is was interesting that see that music was composed primarily with the instrument in mind and writing for instruments became an art in itself. There was an increased and deep desire on the part of composers to create music that could focus more on expressiveness of emotions. And new directions were seen in the music that was created during this period such as dolce (sweetly), cantabile (songful), dolente (weeping), mesto (sad), maestoso (majestic), gioioso (joyous), and con amore (with love, tenderly). These were meant to highlight the emotional and imaginative expressiveness and intensity of the composers.
French Revolution also triggered a spirit of nationalism that had an equally profound impact on the Romantic Music. Composers shifted their attention to the field of folksongs and dances meant to praise their homelands.
Romanticism in music found its best expression in the works of German musicians. Beethoven, Weber, and Schubert lie at the beginning of the Romantic spectrum closely followed by the likes of Berlioz, Mendelssohn, Schumann, Chopin, Liszt, and Wagner. The end of this period was marked by the great compositions of Brahms, Tchaikovsky, Dvoak, and Grieg, Elgar, Puccini, Mahler, Richard Strauss, and Sibelius.
One of the important characteristics of Romantic Music was independence from Classicism and a sudden but definite break from the music created during classical period. Classicism was different since it had an established rather rigid view of the music where discipline in form was desired. However by 1800s, Classicism was gradually but aggressively replaced by Romanticism with the emergence of Ludwig van Beethoven on the music scene.
Beethoven was born in 1770, much before the real Romantic period began but he is still considered one of the first to indicate emergence of Romanticism in his compositions. He received his musical education from his father Johann, a singer and instrumentalist. However, his real education in music started in 1792 with Haydn and then with Schenk, Albrechtsberger and Salieri. It is precisely because of this reason that his early compositions till 1820 show a marked influence of classical style of Haydn and Mozart. During this period, he mainly focused on Piano compositions. "As a pianist, it was reported, he had fire, brilliance and fantasy as well as depth of feeling" (The Grove Concise Dictionary of Music, reference 1). Two of most innovative and emotional piano sonatas are the "Pathetique" (1799) and Moonlight (1801) with a very acute aesthetic appeal.
It was during this period that Beethoven created his first two symphonies and a set of six string quartets op.l8. These symphonies indicated his entry into Romanticism as the left behind the classical influence and took on a new form and harmony. This entry into the beautiful, imaginative and rather surreal world of Romanticism was widely appreciated since unlike symphonies in the Classical era which were confined to a structured and rational form; these compositions presented an innovative form.
Beethoven was not interested in rigidity and conventions of classicism once he proved his mettle. His symphonies showed a delicate and beautiful form which resulted in some memorable compositions which were quite large but just as profound in impact. The emotional content and depth of these symphonies are what help Beethoven stand out among his contemporaries and makes him the greatest musician of all time. Beethoven's Second Symphony has been described as "full of summer air and summer flowers." The third Symphony and probably his favorite were initially dedicated to Napoleon; the French ruler for Beethoven was of the opinion that Napoleon could free Europe from the monarchy.
In 1804, Beethoven created his one and only opera, Fidelio "The Fifth Symphony, with its "da-da-da-daaa" beginning, is one of the world's most famous pieces of music. Beethoven took these simple tones and rhythms and built the whole first movement around them. It has been suggested that these four notes represent the sound of Fate knocking at the door." (Life and works of Beethoven)
These compositions paved way for the Pastoral Symphony no.6 which depicted his love for the countryside), Symphony no. 7 and Symphony no.8, Piano Concerntos.no.4 and 5. After these came the Violin Concerto along with chamber works and piano sonatas (such as the Waldstein and the Appassionata). Kinderman (1997) discusses the special characteristics of Beethoven's music in these words:
'Beethoven increasingly transformed the rhetorical models and conventional formal gestures of the music of his day. He was prepared thereby to strain the expectations of the aristocratic patrons who nourished his career but towards whom he showed a fierce independence. More than any previous composer Beethoven contributed to a reversal of the perceived relation between artist and society: instead of supplying commodities for use, like a skilled tradesman, the successful artist could now be regarded as an original genius in the Kantian sense, revealing an unsuspected higher order in nature, and giving voice thereby to the unconditioned, or even paradoxically to the infinite or the inexpressible." (p.3)
Beethoven's last period of music composition includes seven piano Sonatas and Symphony no. 9 which contains a great deal of poetry, vocal soloists and choir. The desire to create something fantasy-filled was key to the success of his later compositions. His claims of freedom, innovation and fantasy, were so deeply embedded in his work that he said proudly declared about the last string quartets in 1826 that 'You will find a new manner of voice treatment, and thank God there is less lack of fantasy than ever before'. (Thayer-Forbes, p. 982) His highly expressive compositions, his independence and movement away from the ideals of Classicalism made him the model for future generation of Romantic composers.
Franz Schubert is the link between early Romantic composers like Beethoven and the later-era musicians like Brahms. He occupies an important place in the history of Romantic music for his work embodied both the characteristics of late classical-early romantic period as well as those of later period. While traditions, education and musical training joined him with the older breed of Romantic musicians, his instinct and a desire for freedom urged him to explore newer paths. His work covering thousands of pages is known for their alignment with future trends instead of the past traditions.
Born in Vienna, January 31, 1797, Schubert's music education and training started very early under his father's supervision. He began playing the viola parts in the family string quartet when he was still in his teens. This informal quartet was part of an orchestra, known as the Orchestral Society of Amateurs. This society played an important role in Schubert's career as he got acquainted with the works of Krommer, Romberg, Cherubini, Spontini, Catel, Mehul, Boieldieu, Weigl, Winter, as…[continue]
"Romantic Period" (2005, April 23) Retrieved December 7, 2016, from http://www.paperdue.com/essay/romantic-period-66125
"Romantic Period" 23 April 2005. Web.7 December. 2016. <http://www.paperdue.com/essay/romantic-period-66125>
"Romantic Period", 23 April 2005, Accessed.7 December. 2016, http://www.paperdue.com/essay/romantic-period-66125
They brought a new sense of "free experimentation" to composition, while advancing realistic techniques that emphasized the use of "local color" in literature. This style in the literary world helps to define the Romantic Era and has shaped writing to this day. Science: Of equal importance to literary pursuits during the Romantic era were achievements in science. By the 1830's, activity in science and technology was rapidly increasing and becoming a source
Nature is the vehicle that leads him to awareness on a physical and emotional plane, expressed when he realizes that "each faculty of sense... keep[s] the heart/Awake to Love and Beauty" (62-3). Here we see that the poet is open to whatever his experience with nature will teach him. Another poet that demonstrates the mood and tone of the Romantic era is Percy Shelley. In "Ode to the West Wind,"
life of a "free artist" during the romantic period and with the artist's life in earlier periods The life of a "free artist" during the early 19th century Romantic period of literature, art and music was conceptualized in terms of the artist as a free person, an artist outside of society, often beset upon by his or her inner demons. In contrast, the Classical period that immediately preceded the Romantic
Romantic Period, writers shared an appreciation for nature. Capturing the essence of enjoying nature in writing became of utmost importance for these writers as they focused on emotion and imagination to help them create pleasing literature. We can see these characteristics in Percy Shelley's "Ode to the West Wind," John Keats' "Ode to a Nightingale," and William Wordsworth's "Lines Composed a Few Miles Above Tintern Abbey." These poets capture
Romantic Era The Romantic period and the attendant rise of the novel in England as the preeminent literary form saw the emergence of the first truly popular literature, and with it denunciations of the degradation of culture at the hands of frivolous entertainments and occupations. Fretting critics lamented the idea that the fashion for new and exciting works of literature was crowding out more "important" texts, and the fashionability of knowledge
The woodwind and brass sections, with instruments parts being produced in factories, were significantly expanded. (Miller) Tchaikovsky's music is exemplary of the Romantic period styles in many ways. "Tchaikovsky's music was marked by its sensuously rhythmic pulse, which enabled him to create the world's greatest ballet music. The music shows a mixture of playful classicism and romantic verve. That he should incorporate such melodies into his symphonies prompted critics
Faust believes she is condemned, but a voice from heaven says she is redeemed. She is to die, and Faust flees from her cell and leaves her to her fate. In this regard, the female is seen as weaker than the male and as more subject to the vicissitudes of existence. Faust and Gretchen have similar ideas in the beginning, and she is destroyed while he continues his pursuit. The


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March 9, 2012
UNITED STATES OF AMERICAv.GREGORY H. LADNER
Gregory H. Ladner ("Petitioner") was a federal prisoner incarcerated at the Federal Correctional Institution in Fort Dix, New Jersey. While incarcerated, Petitioner filed a pro se motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. § 2255 (hereinafter "§ 2255 Motion") because he received constitutionally ineffective assistance of counsel. The Government moved to dismiss the petition as untimely. For the reasons set forth below, Petitioner's motion is time-barred and the Court will deny and dismiss with prejudice.
On July 8, 2005, a jury found Petitioner guilty of one count of knowingly making false statements and representations to a federal firearms licensee in violation of 18 U.S.C. § 924(a)(1)(A). On January 10, 2006, the Court sentenced Petitioner to eighteen months of imprisonment, three years of supervised release, a $500 fine, and a special assessment of $100. Judgment, ECF No. 57.
The Court suspended execution of Petitioner's sentence until February 9, 2006, at which time Petitioner was directed to report to a designated prison. Order, Jan. 10, 2006, ECF No. 55. On January 13, 2006, Petitioner directly appealed his sentence. Notice of Appeal 1, ECF No. 58.
While his appeal was pending, Petitioner failed to surrender to serve his sentence and thereby became a fugitive. Petitioner's appellate counsel pursued Petitioner's appeal despite his fugitive status. On June 8, 2007, the Third Circuit, nevertheless, dismissed his appeal under the fugitive disentitlement doctrine. See United States v. Ladner, 226 F. App'x 250, 251-53 (3d Cir. 2007) ("We will not permit [Petitioner] to thumb his nose at justice and to remain a fugitive while we hear his appeal. We see no compelling reason to hear this case."). Petitioner did not seek a writ of certiorari.
On July 28, 2009, Petitioner was arrested in Los Angeles, California. On April 18, 2011, while incarcerated, Petitioner filed a § 2255 Motion.*fn1
Petitioner served his term of incarceration and, according to the Federal Bureau of Prisons' inmate locater, was released on November 18, 2011. Thus, Petitioner is currently on supervised release.
The Government moved to dismiss because the § 2255 Motion is untimely. Mot. to Dismiss 1, ECF No. 71. The Court granted Petitioner's request for an extension of time to respond, and, thereafter, Petitioner filed a timely response. Pet'r's Resp. 1, ECF No. 74. The matter is now ripe for disposition.
A federal prisoner in custody under sentence of a federal court
challenging his sentence based on a violation of the U.S. Constitution
or laws of the United States may move the court that imposed the
sentence to vacate, set aside, or correct the sentence.*fn2
See 28 U.S.C. § 2255(a) (Supp. IV 2011). In a §
2255 motion, a federal prisoner may attack his sentence on any of the
following grounds: (1) the judgment was rendered without jurisdiction;
(2) the sentence imposed was not authorized by law or otherwise open
to collateral attack; or (3) there has been such a denial or
infringement of the constitutional rights of the prisoner as to render
the judgment vulnerable to collateral attack. See id. § 2255(b).
A petitioner is entitled to an evidentiary hearing as to the merits of his claim unless it is clear from the record that he is not entitled to relief.*fn3 The Court must dismiss the motion "[i]f it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief." Section 2255 R. 4(b). A prisoner's pro se pleading is construed liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam); Huertas v. Galaxy Asset Mgmt., 641 F.3d 28, 32 (3d Cir. 2011).
Based on the § 2255 Motion and the record of proceedings, it plainly appears that Petitioner is not entitled to relief because his motion is untimely. Furthermore, Petitioner is not entitled to equitable tolling. Therefore, the Court will deny the motion and dismiss with prejudice.
Petitioner's § 2255 Motion is untimely. The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") establishes a one-year statute of limitations period for § 2255 motions. 28 U.S.C. § 2255(f) (Supp. IV 2011). That period generally runs from "the date on which the judgment of conviction becomes final."*fn4 Id. § 2255(f)(1).
Petitioner's judgment became final on September 6, 2007, when his time to petition for a writ of certiorari for review of the Third Circuit's judgment expired. See Clay v. United States, 537 U.S. 522, 525 (2003) ("[A] judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court's affirmation of the conviction."); U.S. Sup. Ct. R. 13(1) (providing ninety-day period to file petition for writ of certiorari to review appellate court judgment). Petitioner had until September 6, 2008, to file a § 2255 motion. Therefore, the § 2255 Motion, filed on April 18, 2011, is over two years late.
Petitioner is not entitled to equitable tolling of the limitations period. In rare instances, the Court may exercise its equitable powers to toll AEDPA's limitations period. See Holland v. Florida, 130 S. Ct. 2549, 2560 (2010). Equitable tolling is proper only when a petitioner shows "(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way and prevented timely filing." Id. at 2562 (internal quotation marks removed). "[E]quitable tolling is appropriate when principles of equity would make the rigid application of a limitation period unfair." Pabon v. Superintendent S.C.I. Mahanoy, 654 F.3d 385, 399 (3d Cir. 2011).
Petitioner has not diligently pursued his rights. Indeed, he was a fugitive who attempted to evade his sentence. Furthermore, after his capture, Petitioner waited over twenty months to file the § 2255 Motion.*fn5 Thus, Petitioner failed to show the reasonable diligence necessary to receive equitable tolling. See Allen v. Rozum, No. 07-3256, 2008 WL 4462083, at *1 n.1 (E.D. Pa. Oct. 2, 2008) (Robreno, J.) (refusing to toll limitations period that ran while state prisoner was fugitive and waited four years after capture to file habeas petition).
When a district court issues a final order denying a § 2255 motion, the Court must also decide whether to issue or deny a Certificate of Appealability ("COA"). See Section 2255 R. 11(a). The Court may issue a COA "only if the applicant has made a substantial showing of the denial of a constitutional right."
28 U.S.C. § 2253(c)(2) (2006).
When the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claim, a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.
Slack v. McDaniel, 529 U.S. 473, 484 (2000). Here, an evidentiary hearing is not required because it plainly appears that Petitioner's § 2255 Motion is time-barred. For the same reasons, jurists of reason would not find it debatable whether the Court is correct in this procedural ruling. Therefore, the Court will deny a COA.
For the reasons provided, the Court will grant the Government's Motion to Dismiss and deny and dismiss with prejudice Petitioner's § 2255 Motion. The Court will not issue a Certificate of Appealability. An appropriate order will follow.
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Thread: interested in linux
06-21-2002, 07:49 PM #1Web Hosting Master
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interested in linux
Hi my current server is a windows server, but i am interested in linux, as windows is expensive
I want to know what i need installed on linux for a decent webserver with decent security
also what is bind????
im aware that apache is a good webserver for linux
and i think bind is for dns
but not sure, if anyone could help me out, thanx
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bind is for dns. as for the linux config, many distros, i know rh (anti linux; rm -rf /* && ./install FreeBSD) does have an option when installing to pick like: 1. Workstation 2. Server 3. Custom the server should be ok for a beginner and just to learn it and eventually do the custom install where you get more specific in what you want installed.


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Hope in the face of defeat
T. S. Eliot once declared—and I agree—that the greatest philosophical poem next to the Divine Comedy is the Bhagavad Gita ("Song of the Blessed One"), the most widely revered of the sacred texts of India.
Spiritual adventures
Having lived in the town of Jonathan Edwards and his grandfather Solomon Stoddard for some 20 years, I've come to feel a kinship to the 17th- and 18th-century Puritan divines—as if they were relatives who somehow got left off my family tree.
How my mind has changed
It is by living and dying that one becomes a theologian, Martin Luther said. With that comment in mind, we have resumed a Century series published at intervals since 1939 and asked theologians to reflect on their own struggles, disappointments, questions and hopes as people of faith and to consider how their work and life have been intertwined.
Only God can set it right
Remember Gomer Pyle, the hapless and saintly TV marine? His philosophical lexicon was limited, but it included two all-purpose expressions: Surprise, surprise, surprise! and Shame, shame, shame! The first of these expressions, along with Golly! and Shazam! expressed Gomer's childlike sense of wonder.
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A symposium
Hell is talked about cautiously, if at all, in mainline churches. Yet the notion of a divinely ordained place of punishment for the wicked after death is deeply embedded in the Christian imagination. How should we think and talk about hell? Why don't we talk about it? We asked eight theologians to comment.
A quotidian kind of hopefulness
An elderly family member with Alzheimer's was incapacitated after a fall in her apartment, and my family and I became responsible for her care. Unfinished work mounted up, we had taxes to do, and we felt all the swarming nibbling host of worries that fray the nerves without sinking the soul. I would be an ungrateful sod if I thought such trials anything exceptional.Yet Christian hope pertains to the lesser as well as the greater trials of our life. The short petition that follows the Lord's Prayer in the Roman eucharistic rite expresses the idea beautifully: "In your mercy keep us free from sin and protect us from all anxiety as we wait in joyful hope for the coming of our Savior, Jesus Christ."
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August 19, 2011
MARIA DEL RIO ROCIO JIMINEZPETITIONER,v.ERIC HOLDER, U.S. ATTORNEY GENERAL, ET. AL.,RESPONDENTS.
Petitioner, Maria Del Rio Rocio Jiminez ("petitioner"), through counsel, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241, seeking to withdraw her guilty plea and vacate her judgment of conviction. Respondent filed an answer to the petition. After careful consideration of the pleadings and relevant exhibits submitted by the parties, and for the reasons set forth below, this Court DENIES the petition in its entirety.
On November 13, 2008, petitioner plead guilty to one count of Inducing and Encouraging Illegal Aliens to Enter the United States and Aiding and Abetting (8 U.S.C. §1324 (a)(1)(A)(iv) and (v)(II)). Doc. # 1 at 29. On February 2, 2009, petitioner was convicted and sentenced to 12 months and one day in prison. Id. at 47-48.
Petitioner is a citizen of Mexico and has been a Lawful Permanent Resident of the United States since 1993. Id. at 3. On January 19, 2010, the Department of Homeland Security brought removal proceedings against petitioner under Section 212(a)(6)(E)(i) of the Immigration and Nationality Act based on petitioner's February 2, 2009 conviction. Id. at 52. Subsequently, petitioner filed an application for cancellation of removal under Section 240A(a) of the Immigration and Nationality Act. Id. at 57. After examination of the conviction records, the Immigration Court found that petitioner was convicted of an aggravated felony and thus was ineligible for cancellation of removal. Id. at 58-59. Petitioner then moved for a continuance arguing that she would file a writ of habeas corpus. at 59. The Immigration Court denied petitioner's motion on the grounds that petitioner was seeking collateral relief which is not a grounds for which petitioner is entitled to a continuance. Id. On May 3, 2010, petitioner was ordered removed from the United States to Mexico. Id. at 60.
On July 23, 2010, petitioner filed the instant petition for writ of habeas corpus alleging that she was denied the effective assistance of counsel at the time of her guilty plea in violation of her federal constitutional rights. Id. at 1. Respondent filed an answer to the petition on October 16, 2010. Doc. # 6 at 1.*fn1
In the instant petition, petitioner states that she never received advice from counsel as to the immigration consequences of her plea. Doc. # 1 at 7. She argues that her attorney never told her that alien smuggling is an aggravated felony and that a conviction for the crime would result in mandatory custody with no deportation relief after her prison sentence. Id. at 86. Petitioner claims she is innocent of the charges to which she pled guilty and would have proceeded with trial had her attorney informed her about the immigration consequences of her guilty plea. Id. at 7. Furthermore, she claims she could have tried to negotiate with the United States Attorney for a disposition involving 8 U.S.C. §4 -misprision of felony - which the Board of Immigration Appeals has held is not an aggravated felony and would thus make her eligible for cancellation of removal. Id. at 7-8.
§2241 Petition
Petitioner filed the instant writ of habeas corpus pursuant to 28 U.S.C. §2241. Id. at 21. However, in its response, the Government characterized the petition as a §2255. Doc. # 6 at 1. For the reasons below, the Court finds this petition is properly characterized as a §2241 petition.
A §2255 habeas petition is available for "a prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States . . . " 28 U.S.C. §2255. See alsoDaniels v. United States, 532 U.S. 374, 377 (2001)(explaining that Section 2255 is a post-conviction remedy for federal prisoners in custody under sentence of a federal court.) Here, petitioner is no longer "in custody under sentence of a court established by Act of Congress." Petitioner has already served her federal sentence and is awaiting deportation. Thus, a petition brought under §2255 would be improper.
28 U.S.C. §2241 "confers jurisdiction on a district court to issue a writ of habeas corpus when a federal or state prisoner establishes that he 'is in custody in violation of the Constitution or laws or treaties of the United States.'" White v. Lambert, 370 F.3d 1002, 1006 (9th Cir. 2004). Furthermore, 28 U.S.C. §2241 is also available for defendants in pre-trial detention or who are awaiting extradition. Id. Petitioner is no longer serving her federal sentence and is currently in immigration custody awaiting extradition to Mexico. Based on the foregoing, this Court finds the writ of habeas corpus was correctly filed pursuant to 28 U.S.C. §2241.
Statute of Limitations
Petitioner filed a writ of habeas corpus petition pursuant to 28 U.S.C. §2241 on July 23, 2010. Doc. # 1 at 1. Respondent argues that petitioner's habeas petition is untimely since it was filed nearly 18 months after petitioner's sentence. See Doc. # 6 at 2. Respondent argues the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") created a one-year limitation for both state and federal prisoners to collaterally attack their sentences. Id. at 5-6. Petitioner did not address the statute of limitations in her petition.
Before AEDPA, no statute of limitations period applied to habeas corpus petitions. See Day v. McDonough, 547 U.S. 198, 202 n.1. However, the enactment of AEDPA created a uniform rule in which "a 1-year period of limitation shall apply to an application for writ of habeas corpus by a person in custody pursuant to the judgment of a State Court." Id. AEDPA also created a one-year period of limitation for federal prisoners "in custody under sentence of a court established by Act of Congress." 28 U.S.C. §2255. Yet, a petition filed under 28 U.S.C. §2241 is not subject to the same one-year statute of limitations as a §2255 petition. White, 370 F.3d at 1008. Because the one-year limitations period does not apply, the Court finds the instant petition is timely.
III. Applicability of Padilla
Petitioner argues that her conviction should be vacated because she was denied effective assistance of counsel when her attorney failed to advise her of the immigration consequences of her guilty plea. This argument is based on a recent Supreme Court decision, Padilla v. Kentucky. 130 S. Ct. 1473 (2010). In Padilla, the Court held that counsel must inform a non-citizen client whether a plea carries a risk of deportation and that failure to do so could constitute deficient performance under Strickland v. Washington. Padilla, 130 S. Ct. 1473, 1486 (2010).
Respondent argues that petitioner cannot find relief under Padilla because Padilla established a new rule and therefore is not retroactive. In support, respondent cites to Teague v. Lane for the proposition that a new rule is "one that was not so 'dictated' by precedent in effect when the defendant's conviction became final." Doc. # 6 at 7.
Petitioner argues that Padilla should be applied retroactively because it did not create a new rule, but "merely clarifies existing law in holding that Strickland applies to the alien criminally accused." Doc. # 1 at 18. In addition, petitioner contends that "applying Strickland to a particular set of facts does not constitute a new rule because Strickland is the standard for attorney ineffectiveness." Williams v. Taylor, 529 U.S. 362, 390-391 (2000).
To determine whether Padilla created a new rule and whether it may be retroactively applied in cases on collateral review, the Court looks to the Supreme Court's reasoning in Teague. In Teague, the Supreme Court discussed how to determine when a newly announced rule applies to cases on collateral review. See Teague v. Lane, 489 U.S. 288, 301 (1989). "Under the Teague framework, an old rule applies both on direct and collateral review, but a new rule is generally applicable only to cases that are still on direct review." Whorton v. Bockting, 549 U.S. 406, 416 (2007). The Court held in Teague that "a case announces a new rule when it breaks new ground or imposes a new obligation on the States or the Federal Government." Teague, 489 U.S. 288 at 301. Furthermore, the Court held that a case announces a new rule if "the result was not dictated by precedent existing at the time the defendant's conviction became final." Id.
There have been inconsistencies in the district courts as to whether Padilla created a new rule and whether the rule can be retroactively applied to cases on collateral review. The Ninth Circuit has yet to decide this issue.
In United States v. Hubenig, the district court concluded that Padilla did not establish a new rule under the Teague analysis and therefore should be applied retroactively. 2010 U.S. Dist. LEXIS 80179, at *21 (E.D. Cal. Jul. 1, 2010). The court found that the issue in Padilla was whether the defense counsel's performance "fell below an objective standard of reasonableness" - the first prong of the Strickland test. See Padilla, 130 S. Ct. at 1482. The court in Hubenig recognized that the rule in Strickland has become an "old, well-established rule of law." Hubenig, 2010 U.S. Dist. LEXIS 80179, at *14. However, if the "rule in question is one which of necessity requires a case-by-case examination of the evidence, then we can tolerate a number of specific applications without saying that those applications themselves create a new rule." Id. (citing Wright v. West, 505 U.S. 277, 308-309 (Kennedy, J., concurring)). Additionally, the Hubenig court observed "the Supreme Court has issued a number of relatively recent opinions applying the Strickland test in a variety of different factual contexts; none of these cases has been afforded new rule status under Teague." Id. at *15. The court in Hubenig thus concluded that "specific applications of Strickland do not generally establish a new rule for purposes of Teague." Id. A court in this district also followed the reasoning in Hubenig, concluding that Padilla did not establish a new rule under Teague and should be applied retroactively. See Luna v. United States, 2010 U.S. Dist. LEXIS 124113, at * 8.
In accord with Hubenig and Luna is Song v. United States, wherein the district court recognized that "the Ninth Circuit explicitly applied thePadilla standard to a guilty plea entered prior to the Supreme Court's issuance of the decision" in United States v. Bonilla, 637 F.3d 980, 982-984 (9th Cir. 2011). 2011 U.S. Dist. LEXIS 68465, at *7, n.1. (C.D. Cal. June 27, 2011). Furthermore, the court in Song recognized that the "Supreme Court expressly contemplated retroactive application when it decided Padilla." Song, 2011 U.S. Dist. LEXIS 68465, at *7, n.1. The court noted that the Padilla court "devoted several pages of its opinion to assuaging the government's fears that its ruling would open the 'floodgates' to new litigation challenging prior guilty pleas." Song, 2011 U.S. Dist. LEXIS 68465, at *7, n.1 (citing Padilla, 130 S. Ct. 1473 at 1484-85).*fn2 Based on this statement, the Song court found "if the Court intended Padilla to apply only prospectively, the entire 'floodgates' discussion would have been unnecessary." Song, 2011 U.S. Dist. LEXIS 68465, at *7, n.1 (citing Hubenig, 2010 U.S. Dist. LEXIS 80179).
In contrast, the district court in Mendoza v. United States concluded that Padilla constituted a new rule under Teague and was not applicable on collateral review. 2011 U.S. Dist. LEXIS 35331, at *14 (E.D. Va. Mar. 24, 2011). The court in Mendoza reasoned that the result in Padilla "was not dictated by precedent existing at the time [petitioner's] conviction became final." Id. Furthermore, the Mendoza court reasoned that Padilla overruled "the longstanding and unanimous position of the federal courts . . . that reasonable defense counsel generally need only advise a client about the direct consequences of a criminal conviction." Id.
This Court agrees with the reasoning set forth in the Hubenig, Song, and Luna line of cases and finds that Padilla did not announce a new rule of law, but rather clarified the existing law under Strickland. Since Padilla did not announce a new rule of law, it may be applied retroactively.
Ineffective Assistance of Counsel
In Strickland v. Washington, the Supreme Court held that "a convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction or death sentence has two components." 466 U.S. 668, 687 (1984). The first component is that defendant must show that counsel's performance was deficient. Id. The second component is that the defendant must show the deficient performance prejudiced the defense. Id.
A. Deficient Performance
Deficient performance requires "showing that counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment." Id. Petitioner argues that her attorney failed to inform her of the immigration consequences of her guilty plea. In addition, she argues that her attorney never told her that alien smuggling is an aggravated felony and that she faced almost certain deportation by entering the plea. As stated above, in Padilla the Supreme Court held that counsel must inform a non-citizen client whether a plea carries a risk of deportation and that failure to do so could constitute deficient performance under Strickland. However, the only evidence offered by petitioner to support her claim is her own declaration. The Court does not need to decide whether that evidence is sufficient to meet the first prong of Strickland because even if the Court finds petitioner's counsel was deficient, petitioner has not established prejudice.
B. Prejudice
"In the context of a plea, a petitioner satisfies the prejudice prong of the Strickland test where 'there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial.'" Song, 2011 U.S. Dist. LEXIS 68465, at *10. (internal citations omitted). Petitioner states that had she been "properly advised, she might well have been able to negotiate an immigration-safe disposition" or in the alternative she "would surely have proceeded to trial." Doc. # 1 at 17.
The Court notes, however, that petitioner's plea agreement contained a section titled "Stipulated Removal" which stated:
"If defendant is not a United States citizen or national, either before or immediately following sentencing, defendant agrees to an order of removal from the United States entered by Executive Office for Immigration Review or authorized Department of Homeland Security official. Defendant understands that defendant will not be removed until defendant has served any criminal sentence imposed in this or any other case. Defendant further waives any right to appeal, reopen or challenge the removal order." Doc. # 1 at 42.
Petitioner signed her plea agreement certifying that she fully understood its meaning and effect. Additionally, at the plea hearing, the Court informed petitioner that she could be deported as a consequence of entering a guilty plea. See Doc. # 6 at 19 (The Court: "And for everyone other than Ms. Lomeli, because you're not a United States citizen, in addition to the penalties I've told you about, you are also likely to be deported. Do the other defendants other than Ms. Lomeli understand that?" The Interpreter: "Yes as to each.")
Given that petitioner's plea agreement specifically included a stipulation referencing removal from the United States and the District Court's plea colloquy which explained that petitioner was likely to be deported, petitioner cannot demonstrate that her counsel's failure to advise her of the immigration consequences of her guilty plea prejudiced her. See United States v. Davis, 428 F.3d 802, 804 (9th Cir. 2005); see also United States v. Anglin, 215 F.3d 1064, 1067(9th Cir. 2000); see also Marroquin v. United States, 2011 U.S. Dist. LEXIS 11406, at * 9 (S.D. Tex. Feb. 4, 2011)(explaining that even if petitioner's attorney failed to advise her of the risk of deportation, petitioner still failed to show prejudice under Strickland because the Court made certain she understood the risk of deportation during the plea colloquy).*fn3 Thus, petitioner's sole claim for ineffective assistance of counsel is dismissed and petitioner is not entitled to relief under 28 U.S.C. §2241.
Based on the foregoing, IT IS HEREBY ORDERED that the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 is DENIED.
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I'm selling a pair of these size EUR 44 / US 10 / UK 9
Check the ebay page here : http://www.ebay.fr/itm/291280207009?ssPageName=STRK:MEWAX:IT&_trksid=p3984.m1423.l2649
January 24, 2012 BY John Kim / 32
Filed under: Air Jordan eBay
Tags: Air Jordan V 'Quai 54'
Pages: 1 2
I'm selling a pair of these size EUR 44 / US 10 / UK 9
Check the ebay page here : http://www.ebay.fr/itm/291280207009?ssPageName=STRK:MEWAX:IT&_trksid=p3984.m1423.l2649
These are fake sorry to say. Good quality fakes, but still lower quality than the genuine thing and...fake. The poorly cut and sewn edges, style of stitching on the embroidery (how it flows in one direction), the SHALLOW embossing around the Jordan Symbol on the tongue, the over done texture on the black part of the outer sole around the bottom, lower quality (but similar) material, and just the over all craftsmanship. Set them next to the real thing and it all becomes obvious. The easiest way to tell a fake is if the "Quai" is sitting directly on top of the "54". With the real thing there is an obvious space. SUPREMENIKE is selling fakes.
To all you dumbasses. This is LEGIT. Its called the QUAI 54, and its special edition -___- The Quai 54 replace the 23 doesn't mean its fake.
I'll pass on these. 1. because they're limited and I don't have time for the lines 2. Because when people get em, they're going to sell them for 10x the original retail. smh
i like the white ones better anyway
A friend of mine who plays hoops in the Netherlands was in the tournament last year. I wonder if he has the white ones?
LMFAO every comment on this post sucks ass!!!!!!!!!!!!!!!!!!
Flightclubny has a pair in my size for 7K but I don't have 7K for any pair of sneakers.
Wish those were my size!
I wonder if that fool that was asking for $10,000 a little while a go ever sold his pair.
54?!?!!? These fake ass shoes haha
These suck ass right along with every other Jordan. And u FAKE sneaker heads suck balls too. Uguts can't afford SHIT u see on this website punk asses!!! I can only afford this crappy shit! Deuce my people
To punk ass wish u could get these. Celtics Jordan's here!!! 54 at his best
Bruh, what I gotta do to get these shoes?
It got 4pairs on deck 800$ LIMITED supply only
Whelp.... Time to get on all fours again to get these. Hopeful I can. I'd be willing to do a few favors for these.
Wasn't Michael number 54 when he played for the celtics during 1984? These suck anyway!! Watch me burry wolf puppies on my YouTube bitches!!!
My Xs came in the mail today bitches!!!!!!!!!!* *I'll probably dislike this comment too......
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