text:
Spread It
Total Time
Prep 10 mins
Cook 0 mins
....on crackers that is! This is just a "throw together" type of spread...use your imagination on ingredient combinations.
Ingredients Nutrition
- cream cheese
- garlic (minced)
- sun-dried tomato (finely diced)
- green onion (finely diced)
- dried oregano
- serrano pepper, finely diced (optional)
- Blend ingredients with a hand mixer or food processor.
- No measuring here, I just do all to taste and the amount desired.
- The serrano pepper is if you want to add a little spice to the spread.
- Again, all other ingredients are to taste (and I improvise alot as well, i. e. bell pepper, red or yellow peppers and so on).
- For best results, let chill a minimum of half an hour.
- Serve with crackers, celery sticks, green onions, carrots, etc.
Most Helpful
We love this stuff!!! We use lo fat creamed cheese and left the sundried tomatoes alittle "chunky". I have used it as a sandwich spread on its own and with roast beef. I have also used it as a dip although I did add a splash of milk just to make it softer so the crakers didnt snap. It is also yummy with vegatable sticks and on steak. I think you've created the perfect alround dip/spread. well done Rise.
I like it very much, partly because no measuring is needed and i am free to use my tongue! Sometimes i am intimidated to "just throw things together", but this recipe gives me guideline with flexibility. thx rise


text:
Distances given are in a straight line from the centre of Roker but travel routes may be longer.
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Ashlea Lodge is close to the bustling city of Sunderland and is a modern home with two floors, providing specialist care for older people, many of whom are living with dementia. The 40 en-suite rooms are decorated with modern and bright fittings and… more
Group / Provider:
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2.1 Miles
The Cedars, Ashbrooke, Sunderland SR2 7TW
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Cliffe Park, Whitburn Road, Roker, Sunderland SR6 9NQ
2.1 Miles
1 Rowlandson Terrace, Ryhope Road, Sunderland SR2 7SU
Rowlandson House is a residential care home, where residents are number one priority and constantly provided person-centred care. Rowlandson House has been rated Gold standard by Sunderland City Council. The home is family run and has a new manager since… more

subset: commoncrawl


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text:
caters for a wide variety of interests caters for a wide variety of interests
Ankara, Turkey's capital, sits in the country's central Anatolia region. Ankara University is the oldest in the country. The university is comprised of 15 faculties, 2 vocational schools, 9 colleges and a state conservatory. The university counts over 40,000 students, who are offered a choice of over 40 societies which cater for a wide variety of interests in arts and sports.
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Stephanie M Conn
|Professions: Clinical Social Work, , , Counseling Psychology
|License Status: I'm a registered professional.
|Primary Credential: Registered Clinical Counsellor - 6181
|Office 1
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October 27, 2006
BERKSHIRE TELEPHONE CORPORATION, ET AL., PLAINTIFFS,v.SPRINT COMMUNICATIONS COMPANY, L.P., NEW YORK PUBLIC SERVICE COMMISSION, ET AL., DEFENDANTS.
This is an action pursuant to § 252(e)(6) of the Telecommunications Act of 1996 ("the Act"), 47 U.S.C. § 251 et seq., in which plaintiffs seek judicial review of a decision by the New York Public Service Commission ("PSC") pertaining to interconnection agreements between plaintiffs and Sprint, who are competing providers of local telephone service. The following applications are now before the Court: 1) plaintiffs' motion for summary judgment [#25]; 2) PSC's cross-motion for summary judgment [#30]; and 3) Sprint's cross-motion for summary judgment [#33]. For the reasons that follow, plaintiffs' motion is denied and defendants' motions are granted.
This action involves a dispute between plaintiffs and defendant Sprint, all of whom are "local exchange carriers" ("LECs") within the meaning of the Act. Such LECs "are companies that provide local telephone service." Global NAPs, Inc. v. Verizon New England, Inc., 454 F.3d 91, 93 n. 1 (2d Cir. 2006). The act "established two types of local-exchange carriers: incumbents (or ILECs) and competitors (or CLECs). Before the 1996 Act, the ILECs held exclusive local telephone franchises. The 1996 Act, however, preempted local laws establishing the franchises and permitted the CLECs to interconnect their networks to that of the ILECs." Id. In this regard, the Act was intended to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers and encourage the rapid deployment of new telecommunications technologies. A major purpose of the 1996 Act was to end local telephone monopolies and develop a national telecommunications policy that strongly favored local telephone market competition. Toward this end, the 1996 Act imposes, among other things, a duty on ILECs (such as [plaintiffs]) to provide interconnection with their networks and to negotiate in good faith the terms and conditions of the agreements with CLECs (such as [Sprint]). 47 U.S.C. § 251(a)(1), (c)(1) (2006). If the parties cannot agree, either party may petition the state commission charged with regulating intrastate operations of carriers to arbitrate any unresolved issues. [47 U.S.C.] § 252(b)(1).
Id. at 94 (citations omitted). In the instant case, Sprint petitioned defendant PSC to arbitrate various issues, after Sprint and plaintiffs were unable to come to terms on an interconnection agreement. The PSC eventually resolved those issues in Sprint's favor, which led plaintiffs to commence the subject proceeding.
Before addressing the specific legal issues raised by plaintiffs, it is necessary to discuss Sprint's relationship to another key player in this dispute, Time Warner Communications ("Time Warner"). Essentially, Sprint and Time Warner have entered into an agreement whereby they each provide to the other certain aspects of local telephone service. Sprint provides certain "telecommunications services," namely: "interconnection to the public switched telephone network (PSTN), number acquisition and administration, submission of local number portability orders to the ILEC, inter-carrier compensation for local and toll traffic, 911 connectivity, operator services, directory assistance and the placement of orders for telephone directory listings." (Joint Record, Ex. 1, p. 6) Time Warner provides the remaining aspects of local telephone service, consisting of "the 'last mile' network over Hybrid Fiber Coaxial [cable], marketing and sales, end user billing and customer service." (Joint Record Ex. D, p. 2) Under this arrangement, Sprint does not have a direct business relationship with the end-user consumers who will be benefitting from Sprint's services, but rather, those consumers deal directly with Time Warner.
Pursuant to its agreement with Time Warner, Sprint was required to obtain all necessary interconnection agreements, including those at issue here.*fn1 That is, Sprint and Time Warner agreed that Sprint would negotiate and enter into interconnection agreements on their behalf with ILECs. Accordingly, Sprint requested that the plaintiff ILECs enter into such agreements. Plaintiffs and Sprint negotiated but were unable to come to terms, in large part because plaintiffs objected to the fact that Sprint did not have a direct relationship with Time Warner's end-user customers. As a result, Sprint petitioned defendant PSC to arbitrate the dispute.
The parties raised various issues before the PSC, but only three are significant to the instant action. First, plaintiffs argued that, under 47 U.S.C. § 251(a), they were not required to enter into interconnection agreements with Sprint because Sprint was not a "telecommunications carrier." Second, plaintiffs asserted that, even if Sprint was a telecommunications carrier, Sprint was not able to assert rights under 47 U.S.C. § 251(b), since those rights belonged only to Time Warner. And finally, plaintiffs maintained that the definition of "local traffic" in the interconnection agreements, which definition affects reciprocal compensation obligations under 47 U.S.C. § 251(b)(5), should not include "extended area service" ("EAS") calls, which are inter-exchange calls billed as local calls, rather than as toll calls.
With regard to this first issue, in the proceeding before the PSC, plaintiffs admitted that Sprint would be a "telecommunications carrier" if it was acting as "the ultimate provider of end user services." However, they claimed that Sprint was not a telecommunications carrier when it acted as a mere "'transit provider' for other service providers", such as Time Warner. (Joint Record, Ex. B, p. 5) Plaintiffs argued that when Congress enacted the Act, it did not "contemplate[ ] that end user service providers [such as Time Warner] could [use such arrangements as that between Sprint and Time Warner to] skirt their obligations to request and negotiate competitive interconnection agreements with the ILEC." (Id. at 6) Rather, plaintiffs stated, the Act requires "a Telecommunications Carrier [such as Time Warner] that provides end user services to request . . . interconnection agreements directly with the ILEC." (Id.) (Emphasis added) In short, plaintiffs argued that under the Act, they had the right to "deal directly with the requesting telecommunications carrier [i.e. Time Warner] that intends to serve the end user for which that carrier and the [plaintiffs] will compete." Id.*fn2
In their initial brief before the PSC, plaintiffs argued that Sprint was not a telecommunications carrier, solely because Sprint had no direct relationship with Time Warner's end-user customers. (Joint Record, Ex. B) Plaintiffs did not make any argument as to whether or not Sprint was a common carrier. (In that regard, and as will be discussed further below, it is undisputed that a telecommunications carrier must also be a common carrier.) However, in a footnote in their reply brief, plaintiffs raised the common carrier issue, stating: "Conspicuously absent from Sprint's Petition and Submission is any demonstration of whether, when Sprint acts as a 'facilitator' for a third party carrier like [Time Warner], those arrangements will be provided on a common carrier basis." (Joint Record, Ex. E, p. 2 n. 4)
Following the submission of briefs to the PSC, the parties met with an Administrative Law Judge ("ALJ") to discuss the issues. Counsel for the parties informed the ALJ that they would rely on their briefings, and the ALJ specifically agreed that the PSC would consider plaintiffs' reply brief as part of the record. (Id. at 52)
On May 24, 2005, the PSC issued a decision in which it rejected plaintiffs' arguments and found, in relevant part, that Sprint was a "telecommunications carrier" because the services that it provided to Time Warner "[met] the definition of 'telecommunications services." (Joint Record, Ex. K, p. 5) The PSC further stated that "Sprint's arrangement with Time Warner enables it to provide service directly to the public," and that "the function that Sprint performs is no different than that performed by other competitive local exchange carriers with networks that are connected to the [ILECs]." (Id.) Significantly, in finding that Sprint was a telecommunications carrier, the PSC did not specifically discuss whether Sprint was a "common carrier," though such a finding is implicit in the determination that one is a telecommunications carrier under the Act. The PSC further found that Sprint was entitled to assert the rights set forth under 47 U.S.C. § 251(b), and that the term ""local traffic" in the interconnection agreements should include "extended area service" ("EAS") calls. With regard to the definition of local traffic, the PSC stated:
Sprint proposes to use a broad definition of 'local traffic' that includes calls between telephone numbers in the same rate center, and calls between telephone numbers in different rate centers that have an established local calling area approved by the Commission. The Independents, on the other hand, support a more restrictive definition of local traffic, limiting local calls to single telephone exchanges, not extending to local calling areas . . . .
Our regulations and orders (in 16 NYCRR § 602.1 and Cases 00-C-0789 and 01-C-0181) define local exchange service and provide the requirements for the exchange of local traffic. To comply with our regulations and requirements, the interconnection and the traffic exchange agreements provided by incumbent and competitive local exchange carriers have defined the local service exchange areas and the local calling areas. Thus, the applicable regulations establish the basis for the definition of local traffic that we are requiring here. We find that Sprint's definition of local traffic should be used in the interconnection agreements as it conforms best to the stated requirements. (Joint Record, Ex. K, pp. 7-8)
Plaintiffs moved for reconsideration before the PSC, arguing, in relevant part, that Sprint could not be a telecommunications carrier because it was not a common carrier. (Joint Record, Ex. L, pp. 5-8) The PSC denied the application, finding that Sprint was a common carrier.*fn3 (Joint Record, Ex. Q, pp. 5-7) As to that, the PSC found first that Sprint "indiscriminately offers its services to potential users," meaning that "Sprint will offer the same services it will provide to [Time Warner] to any cable company provider desiring those services." (Id. at 6) The PSC further concluded that the services that Sprint provided would "be available to any end user within the specified service territory, albeit through a business relationship with [Time Warner]." (Id.)
In moving for reconsideration, plaintiffs also argued, inter alia, that the PSC had erroneously included EAS calls within the definition of local service:
[T]he commission has failed to explain how its decision in this proceeding can be reconciled with its prior decisions in Cases 00-C-0789 and 01-C-0181. Long-standing Commission decisions in these cases have enunciated that traffic subject to Section 251(b)(5) must both originate and terminate within the certificated service area of an Independent. Further, EAS, in turn, is a distinct traffic type that the Commission has specifically found is not subject to Section 251(b)(5) because the LECs providing EAS do not compete for the end users making the EAS calls. (Petition for Rehearing, Joint Record Ex. L, p. 15)(citing 00-C-0789 and 01-C-0181) The PSC rejected this argument, and explained its holdings in cases 00-C-0789 and 01-C-0181, referred to as the "Virtual NXX Case," as follows:
[I]n the Virtual NXX Order, we determined that calls to an NXX code*fn4 within an established local calling area should be treated as local calls for rating purposes. . . . These calls were defined as local, but we did not require reciprocal compensation for several reasons. First, CLECs were not located within the same geographic territory as the Independent telephone companies. Second, the CLECs did not directly compete with the independent telephone companies for local customers. . . . In this case, however, [Time Warner] will compete directly with the Independents for local customers and extended area service [EAS] (which classifies telephone traffic that is geographically beyond the defined local service area as local ) that is the equivalent of local exchange service. (Joint Record, Ex. Q, p. 11)
Plaintiffs commenced the subject action pursuant to § 252(e)(6) of the Act, seeking review of the PSC's determination. The parties subsequently filed the subject motions for summary judgment, and counsel for the parties appeared before the undersigned for oral argument on September 13, 2006.*fn5
In an action such as this brought pursuant to § 252(e)(6) of the Act, the Court reviews the PSC's rulings on issues of Federal Law de novo, and reviews all other issues, including rulings on issues of state law, using the arbitrary and capricious standard. Global Naps, Inc. Verizon New England, Inc., 454 F.3d 91, 96 (2d Cir. 2006) (citing Southwestern Bell Telephone Co. v. Brooks Fiber Communications of Oklahoma, Inc., 235 F.3d 493, 498 (10th Cir. 2000)). At oral argument, counsel agreed that in making its review, this Court is limited to the record that was before the PSC.
Whether Sprint is a Telecommunications Carrier
Plaintiffs contend that Sprint is not a telecommunications carrier for two reasons: because it is not a "common carrier", and because it does not have a direct relationship with the end users of its services.
47 U.S.C. § 153(44) states, in relevant part, that "[t]he term 'telecommunications carrier' means any provider of telecommunications services." "Telecommunications service," on the other hand, is defined as follows: "[T]he offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used." 47 U.S.C. § 153(46). In this case, the parties concede that Sprint does not provide its services "directly to the public." Therefore, in deciding whether Sprint is a telecommunications carrier, the issue is whether it offers its services "to such classes of users as to be effectively available directly to the public." That issue turns upon whether Sprint offers its telecommunications services as a "common carrier." Virgin Islands Telephone Corp. v. FCC ("VITELCO"), 198 F.3d 921, 922, 926 (D.C. Cir. 1999) (Holding that the FCC's interpretation, that the term "telecommunications carrier" "means essentially the same as common carrier," was reasonable.); see also, Iowa v. F.C.C., 218 F.3d 756, 758 (D.C. Cir. 2000) ("[A] carrier that provides a service on a non-common carrier basis is not a 'telecommunications carrier.'")
To qualify as a common carrier, a telecommunications service provider must satisfy two requirements: 1) first, it must hold itself out to the public, meaning that it must "offer indiscriminate service to whatever public its service may legally and practically be of use"; and 2) second, it must allow its customers to "transmit intelligence of their own design and choosing." United States Telecom Ass'n v. Federal Communications Comm'n, 295 F.3d 1326, 1332-33, 1335 (D.C. Cir. 2002); see also, F.T.C. v. Verity Intern., Ltd., 443 F.3d 48, 58 (2d Cir. 2006) ("[T]he definition of a common carrier [has] coalesced into two requirements: (1) the entity holds itself out as undertaking to carry for all people indifferently; and (2) the entity carries its cargo without modification. . . . This definition does not differ meaningfully for our purposes from the definition of "common carrier" under the Communications Act.") (citations omitted). Here, it is not disputed that customers would be able to transmit intelligence of their own design and choosing over the facilities provided by Sprint and Time Warner. Accordingly, the only issue is whether Sprint offers its services indiscriminately "to whatever public its service may legally and practically be of use."
Applying these principles to the instant case, it appears clear, at the outset, that Sprint could qualify as telecommunications carrier even if it did not deal directly with Time Warner's end-user customers. In VITELCO, the Second Circuit reaffirmed that common carriers "need not serve the whole public," that "common carriers' customers need not be end users and that common carrier services include services offered to other carriers." VITELCO, 198 F.3d at 926, 929 (citations and internal quotation marks omitted). Consequently, the fact that Sprint did not deal directly with Time Warner's customers would not be determinative of whether it was a telecommunications carrier within the meaning of 47 U.S.C. § 251.
However, Sprint must be a common carrier in order to qualify as a telecommunications carrier. As to that, the Court agrees with plaintiffs that the PSC's finding, that Sprint is a common carrier, is unsupported in the record, insofar as that finding pertains to the services that Sprint provides to other telecommunications companies such as Time Warner.*fn6 In finding that Sprint was such a common carrier, the PSC stated that, "Sprint will offer the same service it will provide to [Time Warner] to any cable company provider desiring those services." That may be true. However, it is unclear how the PSC made that finding, since there is no support for it in the record. As to that, the administrative record contains only the following statements concerning Sprint's business: "Sprint has entered into agreements with service providers that intend to compete with ILEC local voice services." (Joint Record, Ex. A, p. 8); "[I]n New York, Sprint has entered into a business arrangement with Time Warner . . . to support its offering of local and long distance voice services." (Id., Ex. D, p. 1); "Sprint currently has . . . ICAs [interconnection agreements] with RBOCs and other ILECs in 12 other states."
(Id., p. 2). The Court does not believe that these statements establish that Sprint is operating as a common carrier to telecommunications companies such as Time Warner in the specified service territory.*fn7
Nonetheless, the Court finds that the PSC's alternate basis for finding that Sprint was a common carrier was correct. As to that, the PSC stated, in relevant part, that "the services Sprint is providing . . . will be available to any end user within the specified service territory, albeit through the business relationship with [Time Warner]." (Joint Record Ex. Q, p. 6). Plaintiffs argue that the Court "cannot rely upon [Time Warner's] end users . . . as indicia of Sprint's purported common carrier role," and in that regard, they cite the VITELCO case, in which, according to plaintiffs, the court "rejected the use of services provided by the customers of an entity for purposes of determining that entity's status as a 'telecommunications carrier.'" (Pl. Memo, Petitioner 21) However, while the Court agrees with plaintiffs' description of the holding in the VITELCO case, the Court finds that the VITELCO decision is not dispositive here.
The VITELCO case involved a situation where AT&T was installing an underwater telecommunications cable between St. Thomas and St. Croix in the Virgin Islands. AT&T intended to sell capacity in the cable to common carriers of telecommunications services. A competing telecommunications company argued that AT&T should be regulated as a common carrier, arguing that AT&T was "making a service effectively available directly to the public because AT&T's . . . customers will use the capacity to provide a service to the public." Id., 198 F.3d at 924. In other words, the competitor argued that AT&T should be treated as a common carrier, because its customers were in turn making use of the cable to provide telecommunications services to their customers on a common carrier basis. However, the court rejected this argument, affirming the FCC's determination that it would be improper to "look to the customer's customers to determine the status of a carrier." Id., 198 F.3d at 926.
However, the Court finds that this aspect of the VITELCO decision is not applicable in the instant case. That is because, here, Sprint is not merely selling services to Time Warner, which Time Warner will then use to provide services to its customers. Rather, Sprint and Time Warner are together providing local exchange service to the end users. As discussed more fully below, neither Sprint nor Time Warner, by themselves, will be providing all of the network components of a competitive local exchange company. Rather, Time Warner will provide the local loop, and Sprint will provide the end office switch and interconnection trunk. (Joint Record, Ex. Q, p. 5). This is an undisputedly new type of business arrangement, which is unlike the situation presented in VITELCO. In short, the Court finds that it was not erroneous for the PSC to consider the provision of services to "Time Warner's customers" in deciding that Sprint is acting as a common carrier, since, under this new business arrangement, the services being purchased are being provided only through the combined efforts of both companies, even though the end users deal directly only with Time Warner.
Whether CLEC telecommunications carriers need to have direct relationships with end users in order to utilize 47 U.S.C. § § 251(b)(2),(3) & (5) and 47 U.S.C. § 222
Plaintiffs further contend that PSC erred by holding, pursuant to 47 U.S.C. § 251(b), that they were required to provide number portability, dialing parity, reciprocal compensation, and subscriber list information to Sprint, because Sprint does not have a direct relationship with Time Warner's end-user customers. Plaintiffs contend that, even if Sprint is found to be a telecommunications carrier within the meaning of § 251(a), plaintiffs are not necessarily required to provide the services listed under § 251(b), since the two sections involve "separate analyses." (Pl. Memo p. 24) According to plaintiffs, it was Congress' intent, clearly expressed, that the rights under § 251(b) "may be asserted solely by the telecommunications carrier/common carrier that is the ultimate provider of end user services." (Id. at 25) (Emphasis in original).
In that regard, plaintiffs cite two sections of the Act: 47 U.S.C. § 153(26) (definition of Local Exchange Carrier) and 47 U.S.C. § 153(47) (definition of Telephone Exchange Service). (Pl. Memo, p. 25) Those sections state, in relevant part:
Local Exchange Carrier The term "local exchange carrier" means any person that is engaged in the provision of telephone exchange service or exchange access*fn8 .
Telephone exchange service The term "telephone exchange service" means (A) service within a telephone exchange , or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the exchange service charge, or (B) comparable service provided through a system of switches, transmission equipment, or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service.
47 U.S.C. § § (26) & (47). Plaintiffs also cite, inter alia, 47 C.F.R. § 51.205, which states, in relevant part, that LECs "shall provide local . . . dialing parity to competing providers of telephone exchange service." In short, plaintiffs contend that even if Sprint is a telecommunications carrier, it has no rights under § 251(b) because it does not provide "exchange service."
The PSC rejected this argument, essentially finding that Sprint and Time Warner together were providing "exchange service" to Time Warner's customers. As to that, the PSC set forth Sprint's argument as follows:
Pointing to the five network components of a competitive local exchange company (CLEC) service (the local loop, the end office switch, the interconnection trunks, and the incumbent local exchange company (ILEC) switch and loop) Sprint states that it will provide end office switching and interconnection to end users. The only difference in the model proposed here by Sprint and [Time Warner] is that [Time Warner] will provide the CLEC local loop and the telecommunications services will be provided under [Time Warner's] name. End users will be connected to Sprint's end office switch using the interconnection trun[k]s that it obtains from the ILECs. (Joint Record, Ex. Q, p. 5). Ultimately, the PSC concluded that "the reality of the business arrangement presented here [between Sprint and Time Warner] is that an alternative network will originate and terminate local traffic." (Joint Record, Ex. Q, p. 7)
The Court finds that PSC's determination was not erroneous. In that regard, the Court understands PSC to have held that, in the ordinary case, a CLEC provides three components of local exchange service: 1) the local loop; 2) the end office switch; and 3) the interconnection trunks. However, here, these components are being provided by two companies working together, as opposed to a single CLEC. In other words, here there is no single company providing competitive local exchange service, but rather, there are two companies, each providing a portion of the exchange service. That being the case, the Court agrees that Sprint, acting on behalf of itself and Time Warner, is entitled to request the services listed under § 251(b). The Court has considered all of plaintiffs' arguments on this point and finds that they lack merit.
Whether PSC correctly determined that the term "local traffic" should include extended area service (EAS) traffic
The parties do not dispute that, as a matter of federal law, state commissions such as the PSC have the authority to define local calling areas. See, Global Naps, Inc. v. Verizon New England, Inc., 454 F.3d at 97 ("[T]he FCC clearly indicated that it intended to leave authority over defining local calling areas where it always had been -squarely within the jurisdiction of the state commissions.") However, plaintiffs contend that the PSC's decision to include EAS calls within the definition of local traffic was arbitrary and capricious. As to that, plaintiffs state, inter alia, that the PSC's Virtual NXX decision stands for the proposition that "the Act's Section 251(b)(5) reciprocal compensation structure did not apply to the provision of EAS between an Independent and a CLEC," and that the PSC's determination in the instant case represents an arbitrary and capricious "mid-stream departure":
The only finding upon which the NY PSC based its mid-stream departure from its prior decisions regarding intercarrier treatment of EAS traffic is . . . [that Time Warner] will compete directly with the Independents for local customers and extended area service . . . . Since the Independents do not 'compete directly' for end users in an adjacent EAS exchange, the NY PSC's justification for its mid-stream change in the treatment of EAS by the Independents is without basis.
(Pl. Memo of Law, p. 34)
The Court disagrees with plaintiffs' arguments on this point, and finds that the PSC's determination was not arbitrary or capricious. As to that, the Court notes, at the outset, that the Virtual NXX case did not involve an interconnection agreement under 47 U.S.C. § 251. Rather, it is clear that no such agreement existed between the carriers involved in that matter. Nor were the carriers in the Virtual NXX case competing to provide local exchange access service. The issue in that case was how to treat calls, for rating purposes, made to telephone numbers assigned by a CLEC to internet service providers ("ISPs"), where the ISPs were assigned NXX codes within an Independent's local calling area, even though the CLEC and ISPs were physically located outside the calling area. The PSC ruled that such calls should be treated as local for rating purposes, since the NXX code corresponded to the local calling area. The PSC then addressed the issue of inter-carrier compensation, and found that the Independent and the CLEC should handle the calls on a "bill and keep" basis.*fn9 As to that, the PSC determined that "bill and keep", and not reciprocal compensation, the method provided for in 52 U.S.C. § 251(b)(5), was the appropriate means of intercarrier compensation: "[S]ince the CLEC is not located within the same geographic territory as the independent and is not directly competing with the Independent for local customers, treatment of the call as local for the purpose of reciprocal compensation does not appear warranted." (00-C-0789 at 8) However, the PSC further stated, in its subsequent clarifying decision, that, "if a different arrangement is presented as a result of the interconnection arrangement process, the Commission may consider the appropriateness of bill-and-keep for that situation." (00-C-0789, 01-C-0181 at 10)
This Court interprets the discussion in the Virtual NXX case concerning the lack of competition as merely reflecting the idea that there, the ILEC and the CLEC were not competing to provide local exchange service. Therefore, the Virtual NXX case did not involve a situation where 47 U.S.C. § 251 was applicable, and consequently, it would have been inappropriate for the PSC to direct the payment of reciprocal compensation under 42 U.S.C. § 251(b)(5). The instant case is clearly distinguishable, since here, plaintiffs and Sprint are competitors for local exchange service and, as such, are entering into interconnection agreements under 47 U.S.C. § 251. Plaintiffs focus on the fact that they and Sprint are not technically competing for customers in EAS areas, since ILECs can only operate within the geographic confines of their certificated area, and EAS calls either originate or terminate outside of that area. In other words, an ILEC cannot provide service or compete for service in an EAS area, since the EAS area is part of a neighboring exchange. However, the Court finds that plaintiffs are attempting to construe the Virtual NXX decision in an overly-narrow manner. The determinative factor is that plaintiffs and Sprint are competing for customers within each plaintiff's certificated area. Moreover, as discussed above, the PSC indicated that it might reconsider the appropriateness of using reciprocal compensation if a "different arrangement" was presented as a result of interconnection under 47 U.S.C. § 251, which is exactly the situation presented here. Consequently, the Court finds that PSC's determination to include EAS within the definition of "local traffic" was neither arbitrary nor capricious.
Plaintiffs' motion for summary judgment [#25] is denied, defendants' cross-motions for summary judgment [#30][#33] are granted, and this action is dismissed.
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West Middle School
- Voters approve bonds to pay for KCK Public Schools improvementkansascity.com
- Students amp up annual haunted housedothaneagle.com
- Flu shot clinic set at West Middle Schoolwestsenecabee.com
- Sioux City siblings embrace MMAdothaneagle.com
- FISH needs a hand up from localsgrandblancview.mihomepaper.com
- Don't mess with Thomas MacLaren's local architecturecsindy.com
- Five Indian Americans among 10 finalists of the 2016 Discovery Young Scientist Challengeamericanbazaaronline.comOregon
- New structure for RCPD school liaison program operating smoothlyrapidcityjournal.com
- West Middle School teacher receives Horizon Award, praise for commitment to studentsljworld.com
- District residents qualify for new tax relief creditwestsenecabee.com
- Board welcomes Marchioli as assistant principalwestsenecabee.com
- Flood of issuesThe Daily SentinelMesa
- Appointments, code of conduct top school board agendawestsenecabee.com
- Schools list upcoming dates, eventswestsenecabee.com
- Bedient, Newton take School Board oath; new officers electedwestsenecabee.com
- Trojan Turtles place 29th in Destination Imagination challengewestsenecabee.com
- Hartford's MLK School Parents, Supporters: We're Not MovingHartford CourantCourant
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Tickets available for Packers Tailgate Tour stops
Submitted: 04/14/2014
Story By Packers.com
- Tickets for the Packers' ninth annual Tailgate Tour are still available for all of the tour's tailgate parties, the team announced Monday. Tailgate parties are planned for Escanaba (April 15), Ironwood (April 16), Superior (April 17), Rice Lake (April 18) and Merrill (April 19).
Tour celebrities will include Packers President/CEO Mark Murphy, players Jarrett Bush, Brad Jones and Mason Crosby, and Packers alumni Paul Coffman, Lynn Dickey and James Lofton.
The tour will take place aboard a customized motor coach emblazoned with the logo "Green Bay Packers Tailgate Tour" and the phrase "Touching Down in Your Community." In addition to the designated locations, tour celebrities will make surprise stops as the schedule allows.
The tailgate parties will welcome the players and alumni arriving at each location at 6 p.m., and will run until 8:30 p.m., except in Merrill, where the tailgate party will take place from 12:30 to 3 p.m. A local nonprofit organization will host each party which will feature food, giveaways, question-and-answer sessions and autographs. Tailgate party tickets cost $30.
General admission tickets also will be available for $5, which includes access to the Q-and-A sessions as well as tailgate party activities. Food and beverage will be available for purchase. Due to space limitations, no general admission tickets will be available in Ironwood.
One hundred percent of the Tailgate Tour proceeds will benefit the hosting organizations.
Tickets for the tailgate parties at all locations are still available. �Green Bay Packers Tailgate Tour' tailgate party locations, hosting organizations and ticket information are as follows:
- Escanaba: Ruth Butler Building. To benefit Lakestate Industries. Tickets on sale at Island Resort and Casino, W399 Hwy. 2&41, Harris, Mich. Tickets also available online at www.islandresortandcasino.com.
- Ironwood: Big Powderhorn Mountain Resort. To benefit Ironwood Volunteer Fire Department. Tickets on sale at Super One Foods, 1480 E. Cloverland Dr., Ironwood, Mich.
- Merrill: MARC. To benefit Riverbend Trail. Tickets on sale at Merrill Chamber of Commerce, 705 N. Center Ave., Merrill; Dave's County Market, 300 E. 1st St., Merrill; and Drew's Piggly Wiggly, 3404 E. Main St., Merrill. Tickets also available online at www.merrillchamber.org.
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Wisconsin recount almost done, with few changes
Submitted: 12/09/2016
- The recount of Wisconsin's presidential election vote is nearly finished.
State election officials announced Friday that 89 percent of total ballots cast for president have been counted and 60 of the state's 72 counties had finished their work. So far, Democrat Hillary Clinton has gained 49 votes on Republican Donald Trump, who defeated Clinton by more than 22,000 votes in
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Local high school students help elementary kids write letters to Santa
Submitted: 12/09/2016
- Every Christmas, thousands of children write letters to Santa. Sometimes, some of those kids need a little bit of help writing letters.
The Rhinelander High School FBLA/DECA organization went to local elementary schools Friday to help hundreds of kids write their letters.
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Lakes still have open water, DNR encourages caution on ice all season long
Submitted: 12/09/2016
- Most years, ice already covers the lakes here in the Northwoods by now.
But, most of the lakes in the Northwoods currently have at least some open water.
Ice conditions can change from day to day.
That's why the DNR encourages people to use caution whenever they go out on the ice.
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Crescent Elementary School wins $2,000 prize
Submitted: 12/09/2016
- New technology can cost a lot for schools. One elementary school just got some help from a nearby grocery store.
Gayle Daniel has been principal of Crescent Elementary School for just over a week, but she already has a lot to celebrate.
After entering a contest for school spirit, Crescent Elementary School won $2,000 from Trigs in Rhinelander.
"Our students have a lot of spirit they also follow what we call our "Four B's," for our positive behavior intervention," said Daniel.
"They're being safe, they're being respectful they're being responsible and they're being here."
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Rhinelander students create a mural for the cafeteria
Submitted: 12/09/2016
- Nearly 200 individual clay tiles will soon cover a wall in Rhinelander's James Williams Middle School.
When Josh Calhoun decided to have his art students start a new project, he saw a bigger picture.
"We're one big team with a goal in mind," said Calhoun.
"You've got [to] do this piece of the puzzle and you're a part of it."
Calhoun decided to create a mural that will hang in James Williams Middle school.
"It's something that everyone has a piece of," said Calhoun.
"They all have to work together to make this mural."
The mural's theme is surrounded around the four seasons featuring Wisconsin animals to represent the student's home town.
The students will work on 182 induvial tiles that will come together as one.
'"They're all unique they're made from our classmates," said 12- year- old Haylee Connor.
To get the students ready Calhoun even had them train in the gym with team building activities.
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Crescent moves closer to building high-speed internet tower
Submitted: 12/09/2016
- Several thousand people living around Rhinelander could get another high-speed internet access option. But first, Oneida County needs to figure out how to actually permit the tower.
The Town of Crescent approved building a 180-foot tower earlier in 2016. The tower would offer high-speed internet service to most of the 2,000 people who live in the community.
Oneida County needs to approve a permit for the tower, but Town Supervisor Steve Richardson says county leaders still need to figure out what permit to use.
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Decorations from Woodruff garden center adorn Governor's Mansion
Submitted: 12/09/2016
- Gov. Scott Walker won't spend much time away from pieces of the Northwoods while in Madison this Christmas season.
The State Capitol Christmas tree came from Eagle River. Meanwhile, JJ's Acres of Woodruff decorated the outside of the Governor's Mansion with pine roping and wreaths.
The garden center also helped with holiday decorations at the mansion in 2013.
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Having unwanted fat in different areas of your body can have a substantial effect on your health and self-confidence. While traditional weight reduction through workout and diet plan is a terrific method to lose weight in general, even the very best workouts can't target problem locations like the belly, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is utilized to remove excess fat from specific areas of the body, permitting a specific to form and contour their body to their preference. Is liposuction right for you? Discover now.
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• Proven and safe. This cosmetic treatment has actually been performed by skilled specialists all over the world for several years and the strategy has actually been refined over and again to be safe and reliable.
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Although there are dangers related to liposuction, for many individuals, the advantages far surpass them. Inform yourself about the procedure by having in-depth discussions with your surgeon and think about how liposuction has the potential to affect you as a distinct person. Only you and your specialist can identify if liposuction will supply you with the outcomes you are searching for within your expectations.
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faded sf was formed originally in the year 1997 as simply faded... but a few lineup changes, and a myriad of other bands all choosing the same name (years later) prompted the suffix.
the band is currently formed of the husband and wife duo of jeremy and christina true. expressing their love for alternative music in whichever style they care for, their songs range from new order-esque rave ups to quiet His Name is Alive retrospectives. upon hearing their work, the Cure comes to mind, as do the Cocteau Twins, My Bloody Valentine, and Slowdive. Other tunes hint at a harder feel akin to Curve, older Nine Inch Nails or Jesus and Mary Chain.
this is not the beginning, or the end. rather, this is where you became aware.
the newly remastered (with extra tracks) 2012 release of "broken down, breaking down" is now available.
tracks include:
west (for H.P.L.)
let it go
sincere lies
to live
CDs are $8.00 each plus shipping, $1 extra for overseas shipping
will be adding more tracks here soon, plus hopefully some nice video...


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* special leasing offer. Monthly payment have informative meaning, it may change depending on the leasing company's interest rate changes at leasing application.
Ultra-small, enterprise ready.
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Apartment for Sale in Al Khail Heights
Reference #: SF-S-20105
Al Khail Heights Building –Al Khail Heights
Apartment for sale in Dubai
Al Khail Heights exceeds expectations by offering comfort and style in the very heart of Dubai. This dazzling collection of contemporary residences creates a secure and exclusive environment for you and your family. 58 spacious townhouses and 26 modern apartment buildings are set among expansive outdoor spaces. Majestic courtyards dotted around the neighborhood invite relaxation, and lush green parks for perfect evening strolls. Synonymous with community feel, Al Khail Heights represents a safe haven for your loved ones.
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Primary email: firstname.lastname@example.com


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Change style or revitalise an existing look with a style cut; re-hydrate hair with a conditioning treatment; add foils for depth and colour
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Purchasing Department Overview
The City views the relationships with its vendors, suppliers, and contractors as a business partnership where all parties are expected to coordinate and combine talents, ideas and actions in order to produce superior results for the citizens of the City of Lowell.
The Purchasing Department implements and administers the City's purchasing policies and practices, procuring all goods and services requested by City departments, the School department or any other agency operating through the City of Lowell.
We periodically issue guidelines with respect to best practices and local ordinances, and ensure that notices of procurement are listed on the City's website, and the state's website. The Purchasing Department strives for open and fair competition, while maintaining goodwill with all vendors interested in doing business with the City, and preserving the public trust. Depending on the amount and/or expected cost of items or services to be purchased, initial load the City may solicit quotes or go through a sealed bid/proposal process. All transactions must meet statutory requirements with regard for bidding, whether it is an informal quote, a written quote, a sealed bid, or a response to a request for proposal.
Authorized Purchases


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I am a recovering competitive yogi.
It all started with heated Power Yoga—I was good at it and I knew it. I took to it like a fish to water. I have a crossfit and long distance running background and I was already quite fit when I started this journey. There are times in my not so distant past where I rocked a six pack proudly.
I carb starved and compared myself to others.
A year ago, I thought I needed some stretching. I was getting injured from my intense training and I'd read that yoga was great for such injuries. I found a Power/Bikram studio and went, and went again and couldn't stop going.
The room was heated to a cozy 100 degrees. Big deal; I ran my last half marathon in the sweltering August heat of Atlanta. There were inversions, arm balances, difficult asana and vinyasa flow that kept my heart pumping through my chest. Perfect.
There were wall to wall mirrors and a room full of people I knew I was better at yoga than.
I looked around at the few more advanced yogis, busting out a bind I'd never seen, keeping an audible ujayii breath the entire practice, or easily going up in an inversion I'd never tried before. Hey, I could do these things, so I did. In less than a year, I was adding every difficult variation to every pose I possibly could.
And then things got real. I don't know exactly when the change happened, but it did.
I started to read yoga philosophy. I went to even more yoga and started feeling an ease and love for myself and others that I'd never felt before. I began a daily meditation practice.
All of the sudden, I didn't care if I was in the front of the room so everyone could see how bad ass I was. I stopped looking around. Hell, my eyes were closed if they weren't fuzzily focused on some random spot on the floor. I didn't care what the chick next to me was doing. I began to add other studios to my practice and regularly visited a studio with no mirrors and a slow practice that focused on pranayama with chanting.
I was practicing slowly with old ladies and it was okay. It was still yoga, maybe even more so. I needed yoga or meditation each day to feel right. Asana became about moving meditation; not about how I can do side crow like a rock star.
I got it. Yoga changed me, as it does everyone it touches.
I read somewhere that when you know better, you do better. There are still tons of people out there that don't "get it". They may never and that's totally okay. Maybe yoga isn't their thing. We are all on our own journey.
Wherever you are, is exactly where you are supposed to be.
If I see an egocentric competitive yogi, I giggle to myself and say "Been there, done that".
I can also say that I am really glad that my heart opened up. I am glad that I'm not over training, under eating, and striving for a level of athletic perfection that was created for who knows what purpose.
This is a much happier place, and I am so grateful to be here.
I still run Tough Mudder every year. I still run trails every weekend and lift heavy weights. But now, I know when to stop. Now I do it with an open heart and mind.
Now I run and lift, as a Yogi.
Like elephant yoga on Facebook
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Also that the show looks fugly. …
- Tags: A-1 Pictures, Comparison, Image Gallery, Shinsekai Yori, Yaoi, Yuri
Comment on Shinsekai Yuri Ero Action by Dan Hibiki:
Also that the show looks fugly.
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- One Finger "Selfie" Challenge Heating Up Nicely:
#7 Iiniku Ushijima?
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No Shinobu? List is crap. Site is crap. Never coming back her again.
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She's appealing to Konata's demographic.
- Top 10 Most Useless Starter Pokemon:
Froakie? Really? Greninja with protean is beast. And fuck anyone who has anything bad to say about charizard.


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7411 Center Bay Dr North Bay Village, Florida 33141
Open spacious two-story pool home in guard-gated North Bay Island. Features include open floor plan, large rooms, open kitchen, huge upstairs master suite. Views of the bay from outdoor balcony, private backyard and swimming pool steps from the bay. Guard-gated North Bay Island is one of Miami's best-kept secrets, close to Beaches, Biscayne, Downtown, Bal Harbour and more.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
Chester Raccoon and the Acorn Full of Memoriesby Audrey Penn, Barbara Leonard Gibson
Chester Raccoon's good friend Skiddel Squirrel has had an accident and will not be returning - ever. Chester is upset that he won't get to play with his friend anymore. Mrs. Raccoon suggests that Chester and his friends create some memories of Skiddel, so that they will have good memories when they miss him. Chester, his brother Ronny, and their friends decide to gather at the pond, where they combine their memories and create a touching celebration of their friend's life.
Many young children must face the loss of loved ones or the need to attend a funeral. This sweet story will help children to understand the positive purpose behind memorial services and how "making memories" can provide cheer and comfort when missing an absent loved one.
Editorial Reviews
Product Details
- 9781933718439
- Publisher:
- Tanglewood Publishing, Inc.
- Publication date:
- 09/08/2011
- Sold by:
- Barnes & Noble
- Format:
- NOOK Book
- Pages:
- 32
- File size:
- Age Range:
- 3 - 8 Years
Customer Reviews
Average Review:
Most Helpful Customer Reviews
See all customer reviews
Fun story with good message.
Emotional book, dealing with tragedy of a young friend. Beautiful pictures.


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You missed it This great deal for Top Nails & Hair Beauty School is over. But don't despair, we've got more great deals every day.
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February 5, 2010
GORDON A. BRYANT, PLAINTIFF,v.DOCTOR JOSEPH MAUER, ET. AL., DEFENDANTS
This cause is before the court for consideration of the defendants' renewed motion for summary judgment. [d/e 34]
The pro se plaintiff filed his lawsuit pursuant to 42 U.S.C.§1983 against Defendants Sangamon County Jail Dr. Joseph Maurer, Nurse Kendra Fabish and Sangamon County Sheriff Neil Williamson. On March 30, 2007, the court conducted a merit review of the plaintiff's complaint and concluded that the plaintiff had stated "a claim for deliberate indifference to his serious medical needs under the Eighth Amendment (or the 14th Amendment, if he was pretrial detainee at the time)."
March 20, 2007 Text Order
Specifically, the plaintiff alleges that he was not provided the proper treatment for the disease of myasthenia gravis during his time at the Sangamon County Jail.
The defendants first filed their motion for summary judgment on February 29, 2008. However, the defendants also asked for additional discovery concerning the plaintiff's medical records. The motion was granted, and the dispositive motion was denied with leave to renew. See April 9, 2008 Text Order, September 11, 2008 Text Order. The court also granted the defendants motion to renew their summary judgment motion and allowed the plaintiff extra time to file a response.
July 10, 2009 Court Order
The court notes that although the plaintiff was clearly advised that he must provide a response to the renewed motion for summary judgment which provided "specific facts showing a genuine issue for trial," the plaintiff's response contains very little information. see also July 13, 2009 Court Order, see also Fed. R. Civ. P. 56(e), see also [d/e 35]. Instead, the plaintiff has made general claims that the medical records show his lack of treatment. [d/e 66] The plaintiff also claims a U.S. Marshal will support his claims at trial, but has provided no evidence of this in response to the pending dispositive motion. Nonetheless, the court recognizes that the plaintiff is proceeding pro se, and believes the plaintiff may have been confused since this was a "renewed" motion for summary judgment. Therefore, the court has also reviewed the numerous responses and documents the plaintiff has previously filed in the course of this litigation. [d/e 21, 36, 46, 47, 59, 62, 63]
The plaintiff did not directly respond to the defendants statement of undisputed facts. Therefore, the following facts are taken from the exhibits presented by both parties.
Myasthenia gravis is a "chronic autoimmune neuromuscular disease characterized by varying degrees of weakness of the skeletal (voluntary) muscles of the body....Certain muscles such as those that control eye and eyelid movement, facial expression, chewing, talking and swallowing are often, but not always, involved in the disorder." (Def. Memo, Dr. Maurer Aff, Ex A, National Institute of Neurological Disorders, p 3)
The first noticeable symptoms are often weakness of the eye muscles or difficulty in swallowing or slurred speech. The degree can vary widely between patients. (Def. Memo, Dr. Maurer Aff, Ex A, National Institute of Neurological Disorders, p 4). "Unfortunately, a delay in diagnosis of one or two years is not unusual..." (Def. Memo, Dr. Maurer Aff, Ex A, National Institute of Neurological Disorders, p 5).
The plaintiff entered the Sangamon County Jail on June 29, 2004 and was transferred to a new facility on December 22, 2004. The plaintiff was 70 years old at the time he entered the jail. During his six month stay, the plaintiff was seen by medical staff a minimum of 32 times. (Def. Memo, Braurer Aff, Ex. B).
The plaintiff immediately made requests for an eye exam due to "impaired vision." (Def. Memo, Braurer Aff, Ex. B). The plaintiff was seen by a doctor who conducted a complete exam and ordered lab work.
On July 8, 2004, the plaintiff fell in his cell. Medical staff examined the plaintiff who denied being in any pain and was able to move his extremities. Nonetheless, the plaintiff was moved to a booking cell where frequent checks could be made. The plaintiff was monitored and since his vital signs were normal, he was allowed to return to his cell the next day. (Def. Memo, Maurer Aff, Ex. B, med. record).
The plaintiff received a physical, a chest X-ray and a second eye examination in July of 2004. In August, the plaintiff continued to complain of poor vision and said he was having mobility problems with left arm. The plaintiff was examined on five separate occasions in July and an appointment with an outside eye specialist was scheduled.
On August 27, 2004, the plaintiff complained of chest pain and nausea. He was moved to the medical department. The plaintiff was examined, placed on antibiotics and returned to his cell three days later.
On September 1, 2004, the plaintiff received an outside eye examination, and an opthomology appointment was recommended. The appointment was made for cataract consultation and possible surgery, but it was later canceled when the United States Marshals Office informed the plaintiff that they did not pay for this type of procedure. The plaintiff was told he could have family pay for the bill if he wished. (Def. Memo, Maurer Aff, Ex. B).
The plaintiff continued to be seen and treated in the medical department in September for complaints concerning a sore leg, continued mobility problems with his arm, sinus problem, a strained groin area, pain in his right side and stress. (Def. Memo, Maurer Aff, Ex. B).
In October, the plaintiff was seen and treated in the medical department on seven occasions. Most of the time, the plaintiff was complaining that he was not receiving the sinus medication that he wanted. However, on October 30 and October 31, 2004, the plaintiff complained of chest pains and numbness in his arms and hands. The plaintiff's vital signs remained normal. (Def. Memo, Maurer Aff, Ex. B).
On November 1, 2004, Dr. Maurer examined the plaintiff concerning his complaints of a continued headache, on and off chest pain, and numbness and weakness in his hands. The doctor noted that the plaintiff was able to use his arms and hands normally to steady himself on the scale and was able to remove his shirt and t-shirt without assistance. The doctor noted, "suspect malingering, same Rx." (Def. Memo, Maurer Aff, Ex. B).
The plaintiff notes that individuals who suffer from myasthenia gravis may see improvement in muscle use after a period of rest. The plaintiff says each time he was examined by a doctor, it was after a period of rest. [d/e 62, p 1-2]
On November 15 and 17, 2004, the plaintiff again complained of problems with numbness in his arms, back aches, problems swallowing and some chest pain. Again, the plaintiff was able to remove shirt without assistance. The plaintiff was examined, but no irregularities were noted. The plaintiff was continued on his previously prescribed medication. (Def. Memo, Maurer Aff, Ex. B).
On December 5, 2004, the plaintiff complained that he could not stand or walk due to a tingling and numbness in his legs. The plaintiff reported for a doctor's examination on December 6, 2004 and was able to walk without assistance or any noted abnormalities. The doctor examined him and noted that the plaintiff was "[e]ncouraged to make more responsible complaints." (Def. Memo, Maurer Aff, Ex. B, p. 3). The plaintiff was returned to his cell, but complained to staff of heaviness in his arms and legs later in the day. The doctor instructed staff to monitor the plaintiff and the doctor later examined the plaintiff. At this point, the plaintiff said his condition had improved somewhat.
On December 7, 2004, the plaintiff was again brought to the medical department complaining of a stiff neck, sharp upper back pain and dizziness. The U.S. Marshals were notified of the plaintiff's frequent medical complaints. The plaintiff was examined and the doctor noted that the plaintiff's gait was somewhat staggered. The plaintiff denied having any chest pain, but did have shortness of breath. Dr. Maurer ordered that the plaintiff be sent to the local hospital. (Def. Memo, Maurer Aff, Ex. B).
The record from St. John's Hospital note that the plaintiff was placed on a cardiac monitor and received a chest X-ray, but no problems were noted. The report ends with "FINAL IMPRESSION Weakness." (Def. Memo, Maurer Aff, Ex. B, p. 3, med. records). The plaintiff was discharged.
The next day, the plaintiff was again seen by Dr. Maurer. The plaintiff had also received CT scan of his brain which showed no hemorrhage or mass. The doctor noted the plaintiff was able to walk and stand on the scale unassisted as well as remove his shirt and T-shirt.
Later in the day, the doctor was called to the plaintiff's cell after the plaintiff had collapsed. The plaintiff said his legs gave out and he hit his head. Officers confirmed that the plaintiff had not lost consciousness. The plaintiff was alert and oriented, but had a small bruise on his head. The plaintiff was transferred to the medical unit. The doctor advised the United States Marshal's of the plaintiff's condition and an appointment was made as soon as possible with a neurologist. The appointment was scheduled for December 22, 2204. The plaintiff was transferred out of the Sangamon County Jail on this date and was unable to keep the appointment.
The plaintiff was taken to the Federal Medical Center at Devens, Massachusetts. The plaintiff was examined by a doctor who then referred him to a neurologist. The neurologist suspected the plaintiff might have myasthenia gravis and admitted the plaintiff to the hospital. (Def. Memo, Plain. Depo, p. 26-27, 34) Tests confirmed the plaintiff suffered from myasthenia gravis in late January of 2005. [d/e 21, p. 1]
Dr. Maurer states that the plaintiff:
demonstrated variable symptomatology throughout the latter months of his confinement in the Sangamon County Jail. Many complaints were subjective and nebulous. These types of complaints can lead one to suspect malingering. (Def. Memo, Dr. Maurer Aff, p. 1).
Nonetheless, Dr. Maurer was the doctor that ordered that the plaintiff be taken to an outside hospital and also arranged an appointment with a neurologist.
I ordered that the appointment be made for the purpose of ruling out myasthenia gravis. I had not diagnosed that the plaintiff suffered from that condition, but at that point I had a suspicion that he may have it. Only a neurologist is qualified by training and experience and specialized testing to diagnose this condition. (Def. Memo, Dr. Maurer Aff, p. 2).
The plaintiff disputes this claim and says the order to take the plaintiff to a neurologist came from the U.S. Marshals. The plaintiff claims Dr. Maurer told him on December 8, 2004, that he would not be seeing a neurologist. (Plain. Resp., d/e 36, p. 3). The plaintiff alleges that Dr. Maurer never suspected that he suffered from myasthenia gravis and never approved a visit with a neurologist prior to the actions taken by the United States Marshals. (Plain Resp., d/e 36, p 11-12, Plain Aff.).
The plaintiff has provided a copy of an order in the case United States v Bryant, 04 cm 30045, dated December 15, 2004. The plaintiff indicated to United States District Court Judge Jeanne Scott that he wished to enter a guilty plea.
The Court inquired of the Defendant and determined that he suffers from several serious medical conditions. He has: (1) a heart condition for which he takes six different medications, (2) serious problems with his eye sight including cataracts and drooping eyelids, (3) persistent pain in the back of his head, (4) numbness in both arms and one leg, and (5) loss of the use of at least some of his fingers. The Court is concerned that one or more of these symptoms indicate that he may suffer from conditions that may impair his ability to enter a knowing and voluntary plea. The Court is further concerned that the Defendant's medical conditions are serious enough that he needs to be sent immediately to the Bureau of Prisons for evaluation and treatment. United States v Bryant, 04 cm 30045, December 15, 2004 Court Order, p. 1-2.
Notes from the U.S. Marshal's Service indicates the action was ordered due to the severity of the plaintiff's complaints and his age. [d/e 59, p. 1, 21]
Dr. Maurer says Kendra Fabish was the Nursing Director at Sangamon County Jail and did not have the authority to diagnose or order treatment for an inmate. The plaintiff says Nurse Fabish did make decisions as to whether he should be placed in a medical cell or in a booking cell for observation.
Neil Williamson says he is the Sheriff of Sangamon County and has no medical training. Instead, Williamson says he has contracted for medical services for inmates at the jail. Williamson says he relies on these individuals to provide medical care and had no personal involvement in the plaintiff's medical care. (Def. Memo, Williamson Aff, p. 1-2)
Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56©. Any discrepancies in the factual record should be evaluated in the non-movant's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59 (1970)). The party moving for summary judgment must show the lack of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson, 477 U.S. at 248.
"Summary judgment is the 'put up or shut up' moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of events. Johnson v. Cambridge Indus., Inc., 325 F.3d 892, 901 (7th Cir. 2000). A party opposing summary judgment bears the burden to respond, not simply by resting on its own pleading but by "set[ting] out specific facts showing a genuine issue for trial." See Fed. R. Civ. P. 56(e). In order to be a "genuine" issue, there must be more than "some metaphysical doubt as to the material facts." Matsushita Elec. Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). "If [the non-movant] does not [meet his burden], summary judgment should, if appropriate, be entered against [the non-movant]." Fed. R. Civ. P. 56(e).
Affidavits must be based on the personal knowledge of the affiant and "set out facts that would be admissible in evidence." Fed. R. Civ. P. 56(e) (emphasis added). Personal knowledge may include inferences and opinions drawn from those facts. Visser v. Packer Eng. Assoc., Inc., 924 F.2d 655, 659 (7th Cir. 1991). "But the inferences and opinions must be grounded in observation or other first-hand personal experience. They must not be based on flights of fancy, speculations, hunches, intuitions or rumors remote from that experience." Visser, 924 F.2d at 659.
Defendant Dr. Maurer argues that the plaintiff cannot demonstrate that he was deliberately indifferent to a serious medical condition. Pretrial detainees such as the plaintiff have a right to adequate medical care under the Fourteenth Amendment, but the court evaluates those claims using the same standards it uses to assess an Eighth Amendment claim. Williams v Rodriguez, 509 F.3d 392, 401 (7th Cir. 2007). Therefore, to succeed on his claim, the plaintiff must show: 1) that the harm he suffered was objectively serious, and 2) that officials acted with deliberate indifference to his health and safety. Id.
In this case, the plaintiff clearly suffered from a serious medical condition, so the court must focus on the second prong of the test. "[A] finding of deliberate indifference requires evidence that the official was aware of the risk and consciously disregarded it nonetheless." Mathis v. Fairman, 120 F.3d 88, 91 (7th Cir. 1997)(citing Farmer at 840-42). Negligence, even gross negligence, does not constitute deliberate indifference. Guzman v Sheahan, 495 F.3d 852, 857 (7th Cir. 2007). In addition, "medical malpractice in the form of an incorrect diagnosis or improper treatment does not state an Eighth Amendment claim." Gutierrez v. Peters, 111 F.3d 1364, 1374 (7th Cir. 1997).
Based on the record before the court, the plaintiff cannot demonstrate that Dr. Maurer was deliberately indifferent to his serious medical condition. First, the plaintiff clearly did receive on-going medical care including physical examinations, eye exams, lab work, an E.K.G., a cardiac profile, chest X-rays, and a C.T. scan of his brain. The plaintiff was sent to an outside hospital for evaluation, but not to a neurologist. The plaintiff would have a difficult time demonstrating this care was "so blatantly inappropriate" that it demonstrates intentional mistreatment. Snipes v DeTella, 95 F.3d 586, 592 (7th Cir. 1996). The defendants have provided a fact sheet from the National Institute of Neurological Disorders and Stroke which states that the symptoms of myasthenia gravis "often are not immediately recognized" and "a delay in diagnosis of one or two years in not unusual..."(Def. Mot, Ex A, Fact Sheet, p.2).
Second, the plaintiff himself admits that "it is doubtful that Dr. Maurer suspected myasthenia gravis." (Plain. Resp., d/e 36, p. 2) Therefore, the plaintiff could not demonstrate that the doctor was aware of the risk and consciously disregarded it.
The plaintiff has also failed to demonstrate that Nurse Kendra Fabish was deliberately indifferent to his serious medical condition. Nurse Fabish did not have the authority to diagnose or order treatment for any inmate. The plaintiff's main complaint is that this defendant placed him in "a high risk medical watch cell in booking with a loud mouth teenager and later two drunks" showing a lack of concern for his medical condition. (Plain. Resp, d/e 36, p. 4). The plaintiff also alleges that the cell was dirty and he had to sleep on the floor. The plaintiff has failed to show that this one incident rises to the level of an Eighth Amendment violation. He was placed in the cell so that he could be routinely monitored. Any claims concerning the condition of that cell are not before this court.
The plaintiff has also failed to demonstrate that Sangamon County Sheriff Neil Williamson was deliberately indifferent to his serious medical condition. To survive summary judgment, the plaintiff must offer some record evidence that the defendant "knew of a constitutional deprivation and approved it, turned a blind eye to it, failed to remedy it, or in some way personally participated." Vance v Peters, 97 F.3d 987, 994 (7th Cir. 1996) quoting Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995). See also Jones v Drew, 2007 WL 737359 at 3 (7th Cir Mar. 12, 2007)(Warden delegated medical and grievance functions to subordinates, no liability when defendant is not personally responsible for the deprivation). In addition, "non-medical officials are entitled to defer to the professional judgment of the facility's medical officials on questions of prisoners' medical care..." Hayes v Snyder, 546 F.3d 516,527 (7th Cir. 2008); see also Spruill v. Gill, 372 F.3d 218, 236 (3rd Cir. 2004)("a non-medical prison official will generally be justified in believing that the prisoner is in capable hands."). The motion for summary judgment is therefore granted.
ITS IS THEREFORE ORDERED that:
1) The defendants' renewed motion for summary judgment is granted pursuant to Fed. R. Civ. P. 56. [d/e 34] The clerk of the court is directed to enter judgment in favor of the defendants in accordance with this order. The parties are to bear their own costs. This case is terminated.
2) If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis should set forth the issues the plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)c. If the plaintiff does choose to appeal, he will be liable for the $455.00 appellate filing fee irrespective of the outcome of the appeal. Furthermore, if the appeal is found to be non-meritorious, the plaintiff may also accumulate another strike under 28 U.S.C. 1915(g).
3) The agency having custody of the plaintiff is directed to remit the docketing fee of $350.00 from the plaintiff's prison trust fund account if such funds are available. If the plaintiff does not have $350.00 in his trust fund account, the agency must send 20 percent of the current balance, or the average balance during the past six months, whichever amount is higher; thereafter, the agency shall begin forwarding monthly payments from the plaintiff's trust fund account to the clerk of court each time the plaintiff's account exceeds $10.00 until the statutory fee of $350.00 is paid in its entirety. The filing fee collected shall not exceed the statutory filing fee of $350.00.
4) The plaintiff must notify the clerk of the court of a change of address and phone number within seven days of such a change. Release from incarceration does not relieve the plaintiff of his obligation to pay the filing fee in full.
5) The clerk is directed to mail a copy of this order to the plaintiff's place of confinement, to the attention of the Trust Fund Office.
Entered this 5th day of February, 2010.
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Raising Hell
Release Date: January 1st, 2003
Not Yet Rated|1 hr. 25 min.
Plot Summary
A politician calls upon demonic forces to help him win an upcoming election.
Cast: Michael F. Hayes, Mirinda James, Ashton Holmes, Michael Burnside, Steven O'Connor, Jennifer Roe, Elizabeth Carstens,
Directors: Brandon Bethmann , Eric Szmyr
Genres: Horror


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When we first conceived this project, we expected we would begin with five hospital sites in China at a cost of $5,000 per site. Three years later we have raised almost half that amount (thank you!!). In an effort to get the project off the ground, we have decided to launch with three hospital sites instead of five. This is why you will notice that we have reduced the funding goal for this project to $15,000 from the original goal of $25,000. It's because we just can't stand to wait any longer to expand our reach and serve more kids!
To date, our work in China has been focused almost exclusively on orphanages, in addition to receiving a rare invitation to provide clean water for displacement camps following the Sichuan earthquake in 2008. Our installation work in orphanages is nearing its end (we expect to be providing clean water to every orphanage in China by 2013), and most of our water systems at displacement camps have been decommissioned as people return to their homes. So it's thrilling to be branching out into a new area: pediatric hospitals. We work in this arena already in other countries like Cambodia and Vietnam, and so we know the kind of impact clean, safe water can have on the children these hospitals serve.
As always, our model is not to build institutions—instead, we partner with existing ones that are serving children admirably, but doing so without clean water. Step one of that process is always to work with local allies who can help us identify potential partners and sites. Step two is to conduct an assessment of each site, determining need, capacity, and of course willingness to establish a long-lasting partnership.
So we are happy to announce that we have begun Step 1: Over the past few weeks, we have been working closely with the China Association of Social Workers (CNCASW) and the China Charity Federation to identify sites for possible water purification installations. We anticipate having sites selected by the end of June and begin vetting shortly thereafter, so that by the time we do reach the $15,000 mark, the project should be primed to take off! We will continue to raise money with the goal of serving more sites—we are on track to serve at least 1 million children globally by 2020—but having these three up and running will be a huge step toward that larger goal.
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Thanks so much for your ongoing patience and support.
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