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Beardsley Named Interim Coach The Alfred State athletic department has announced Jo Beardsley will serve as the interim softball coach. Beardsley will guide the team while a national search takes place. Full Story
Eight Spring Pioneers Earn USCAA All-Academic Honors Eight Alfred State spring athletes have earned USCAA All-Academic team honors. Student-athletes earn All-Academic honors by being an upperclassmen who has earned a cumulative GPA of 3.5 or higher over the course of their academic career. Full Story
Alfred State Moves to Year Three of NCAA DIII Process The NCAA DIII Membership Committee recently announced that Alfred State has satisfied the requirements of year two of the membership process and will move on to year three in 2016-17. Full Story
Kruger Named All-American Alfred State junior shortstop Stormi Kruger (Medina) has been named an USCAA All-American for the third straight season. Kruger was a honorable mention selection and becomes the first Pioneer student-athlete to earn All-American honors from the USCAA three times. Full Story
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Fans of the Alaskan classic ONE MAN S WILDERNESS will enjoy reading this memoir, of how its author, Sam Keith, and its subject, Dick Proenneke, first met. After serving as a US Marine during World War II and attending college on the GI Bill, Sam Keith decided to seek adventure and acceptance in Alaska. He arrived on Kodiak Island in July, 1952, where he secured a job as a laborer on the Adak Navy base. He befriended a group of like-minded men there, including Dick Proenneke, who shared a love of the outdoors, hard work and self-reliance. Keith explored the wilds of South Central Alaska while working on the Navy base, and later as a Stream Guard and Enforcement Patrolman. In his hunting and fishing trips with Dick and his friends, Keith found almost everything he sought. But at the end of three years, Keith decided to go Outside to pursue other dreams. Dick Proenneke tells him, Sam, you know right well you don t want to leave this country. Don t give up on it. Me and you got to figure something out. In 1973, Keith went on to write ONE MAN'S WILDERNESS: AN ALASKAN ODYSSEY, based on his dear friend s journals and photography. It was reissued in 1999 and won a National Outdoor Book Award (NOBA). In 2003, portions of text from the book and some of Proenneke's 16mm movies were used in Alone in the Wilderness, which began appearing on US public television stations. The documentary follows Proenneke as he builds a log cabin with only hand tools, and includes reflections on wildlife, weather, and the natural scenery he sees around him. Sam Keith passed away in 2003. But in 2013, his son-in-law, children s book author/illustrator Brian Lies, discovered a book manuscript in an archive box in their garage, originally written in 1974 after the publication of ONE MAN S WILDERNESS. FIRST WILDERNESS is the story of Keith s own experiences, at times harrowing, funny and fascinating. Along with the original manuscript are photos and excerpts from his journals, letters, and notebooks, woven in to create a compelling and poignant memoir of search and discovery."
About Sam KeithSam Keith s (1921 March 28, 2003) most notable work was the best-seller ONE MAN'S WILDERNESS: AN ALASKAN ODYSSEY in which he edited the journals and photographs of his friend Richard Proenneke s (May 4, 1916 April 20, 2003) solo experiences in Alaska. The book was reissued in 1999 and won a National Outdoor Book Award. Text from the book was used in the documentary seen on PBS, ALONE IN THE WILDERNESS www.dickproenneke.com. After the release of the video and its frequent appearance on PBS membership drives, it became a runaway best seller. The close friends passed away within thirty days of each other. More information available at www.samkeith.net and on Facebook at https: //www.facebook.com/pages/First-Wilderness-by-Sam-Keith/625127200891030 Foreword writer Nick Jans is one of Alaska s most recognized and prolific writers. A contributing editor to Alaska Magazine and a member of USA Today s board of editorial contributors, he s written nine books and hundreds of magazine articles, and contributed to many anthologies. In addition, Jans is a professional nature photographer, specializing in wildlife and landscapes in remote locations. He currently lives in Juneau with his wife, Sherrie, and travels widely in Alaska. www.nickjans.com"
Details Book
|Sam Keith
|Alaska Northwest Books
|Data Published
|15 September 2014
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|272 pages
|Age +
|15 years
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I was suspicious at first when i got redirected to the membership site. Now I'm really excited i found this online library....many thanks Kisses
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subset: commoncrawl


text: The outside of the hotel is currently undergoing some renovation, which is a little off- putting, but the dining room and outdoor eating areas have been completely renovated beautifully. The atmosphere is fantastic and the food complements the decor. It was really a great restaurant and I cannot wait until I get to go back. 5 stars!


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Comprises a ground floor and basement retail unit on the ground floor of a newly developed residential block. The unit benefits from a large glazed frontage and automatic external shutters. There is a large shop floor making it ideal as a retail showroom space. The ground floor is equipped with a modern kitchenette, WC and washbasin facilities.
The basement provides ample storage as well as private office with wooden flooring. The property is fitted with an electricity meter, water meter and gas central heating throughout.


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Ohio officer shot outside bar
Veteran Dayton undercover police officer was on gang duty
By Lou Grieco, Doug Page, Katie Wedell and Steve Bennish
Dayton Daily News
TROTWOOD, Ohio — A veteran Dayton undercover police officer investigating gang activity was involved in a gunfight Saturday morning that left him and a 21-year-old suspect seriously injured.
The wounded officer had been assigned to an FBI task force targeting gangs, gang violence and gang-related drug activity; and Trotwood City Manager Mike Lucking said Trotwood and Dayton police and the FBI were involved in "looking into gang activity" in the area of the shooting.
Late Saturday, there were more questions than answers as top law enforcement officials scrambled to figure out how the shooting happened and why.
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Perfect for labeling file folders and binders, name badges, and small signage. Laminated surface wipes clean. Withstands water, grease, grime, fading and abrasion. Label Size - text: 1 1/2" x 26 1/5 ft.; Label Color(s): Clear; Machine Compatibility: Brother P-Touch® PT-3600, PT-530, PT-550, PT-9200DX, PT-9400, PT-9600.
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Skip to comments.Santorum Struggles With Female Voters In Ohio Primary, Exit Polls Show
Posted on 03/06/2012 8:44:32 PM PST by Steelfish
Santorum Struggles With Female Voters In Ohio Primary, Exit Polls Show By Gary Langer | ABC News
A diverse mix of voters in Ohio helped shape today's headline Super Tuesday contest, with results that highlighted tensions evident in the Republican race all year: Mitt Romney leaning on his standing as the most electable candidate, Rick Santorum honing his appeal to conservatives and more religious voters, and leading Romney as the candidate of the common man and woman.
In other states, where the electorate was more homogenous - either much more conservative, as in Oklahoma, or much less so, as in Massachusetts and Vermont - the story was a different one. Ohio's demographic and attitudinal diversity earned its battleground reputation.
As elsewhere, electability worked best for Romney. Fifty-one percent of Ohio voters saw him as the candidate best able to defeat Barack Obama in November - and seven in 10 of them voted for him. In another measure, 42 percent called electability the single most important candidate attribute in their vote - and Romney won more than half of their number, vs. just 27 percent for Santorum.
However, a combined total of 38 percent in Ohio instead said they were looking chiefly for someone with strong moral character, or for a true conservative - and in these groups combined, 55 percent voted for Santorum, just 16 percent for Romney.
And notably, Santorum beat Romney as the candidate who "best understands the problems of average Americans," 33-22 percent. Nearly as many picked Newt Gingrich and Ron Paul, 18 and 17 percent, respectively, as selected Romney on empathy.
(Excerpt) Read more at news.yahoo.com ...
I just want somebody to turn this economy around, reduce the debt, defend our interests and get out of the way.
"I just want somebody to turn this economy around, reduce the debt, defend our interests and get out of the way."
Repealing Obamacare needs to be somewhere in that package. So long as the Dept HHS has almost infinite discretion to gin up orders controlling 1/6th of the American economy, the monster will never get out of anyone's way, the debt will not be reduced and the economy will not turn around. I know that's awkward for the Mitt supporters. But Obamacare needs to go. And Mitt will not even try.
Really, that's all you want while abortionists, homo "marriage" backers and global warming/enviro nutjobs all try to ruin this country? I want everything you want and more. There's more to life than money.
I consider that part of turning the economy around.
Obama is worse than an abortionist. He actually sponsored a bill in Illinois legislature to allow the abortionist to kill the aborted fetus if it was still alive outside the mother's body. That to me is murder clear and simple based on any of our existing murder laws.
His history as a senator from PA shows he's struggled with woman all along even when he won reelection 'easily' in 2000. The gender gap was a great part of his ultimate 18-point undoing in 2006 when women went Democrat by 61%.
Only Newt seems to be articulating that point against Obama.
I think Santorum is making a huge mistake as a general election candidate by running as the Pope.
None of the matters you mention are Gov matters.
Newt knows that.
Santorum has let this contraception thing be framed in a way that makes it look like The Reps will ban contraception.(I know its ridiculous)
What its about is stopping the Feds from imposing on matters that are not within their jurisdiction.
Why not "Romney leads with women" or "Rick Santorum honing his appeal to conservatives and more religious voters"?
THis is all about the media trying to stir up more and more negativity for the GOP candidates.
Romney must be struggling with women too, since he's pretty much tied with Santorum in OH.
Heck, Santorum took most of Ohio, county-wise.
Newt got 15 percent in Ohio. I'm sorry, but he's done.
Finished third in Tennessee and in Oklahoma. Not to mention North Dakota.
That's 7 states of which Newt has 2, one being his home state.
Newt has cost Santorum WA, MI and now, OH, more states than he has delivered.
He's a liability.
lol, you think? I love all the cherrypicking of the exit polls, especially in Ohio. There's a lot of information in those polls, but the MSM and others are using it to, as you say, stir up the negativity.
Rick cost Newt Florida - which could have broadsided Romney in a major way. It was also an opportunity for THE principled conservative to take a principled stand against candidates who seek to "destroy" their opponents, rather than compete with them on the basis of ideas.
Santorum can't win. Due to his poor organization and planning, he can't win enough delegates to secure the nomination. He can do well in the Popular vote, but he will lose there also. His label as a divisive fringe candidate just won't work for him.
Newt is not gaining any traction either, but he is determined to stay in, because he is helping to slow Romney down. You seem to forget that Ron Paul is still in the race. And in VA, without Newt or Santorum, you would think that many voters had every opportunity to stop Romney. But they didn't. Romney easily won. It appears that at least half of the votes from Newt and santo went to Romney.
I know you are looking for someone to blame in all of this, so start with yourself, for dropping Newt and jumping into a candidate who can't win the nomination or the General, like Santorum.
I agree... and don't see that being Santorum's priorities.
"Newt dropping out, would not change much at all. Most of his votes would go to Romney or Paul. It's a statistical fact."
Which is why the facts show that in the head to head - Santorum dominates Romney. The inverse is not true.
"Santorum can't win."
Sure he can. He can carry the South as today's win in Tennessee showed, and he can carry the midwest.
"he can't win enough delegates to secure the nomination."
If that's the case then Romney is the republican nominee. This is not so. Santorum can win enough delegates in the head to head vs Romney to win the nomination.
Newt - cannot. He can't win anything from here on outside of GA.
"His label as a divisive fringe candidate just won't work for him."
So you believe that social conservatives are 'divisive' and 'fringe'. This is why he's ahead of Gingrich in both the popular vote and the delegates, even with Gingrich having his home state.
"because he is helping to slow Romney down"
No, he's not. I'm sorry. He's throwing delegates to Romney. He's cost Santorum 4 states, (AK, OH, MI and WA).
"You seem to forget that Ron Paul is still in the race."
So you are saying that Gingrich is a no-hoper like Ron Paul? Good to know.
Ron Paul is doing what Gingrich isn't - Ron Paul has actually won delegates in Romney heavy states. Newt - has not.
"for dropping Newt"
I never was for Newt. I was for Cain - and then Santorum. Hey, what can I say. I'm supporting the Anti-Romney who has the best chance of winning the nomination.
Even with every single Santorum vote - it wasn't close.
Newt would still have gotten blown out in Florida.
Newt ran a terrible campaign there - which is why he's fallen out of the race.
You have absolutely no idea what you are talking about. And I have personally made a resolution as of today to no longer spend time talking with Sanctimonium supporters who have permanently blocked the intelligent discourse core of their personality.
You don't have the courage or intellectual honesty to read or confront the following, but I am posting it to you anyway... Santorum is a crude politician. He is the repulican's Barack Obama... you either see that or you don't.
If you can rationalize the following, you can rationalize anything... including voting for a sanctimonious prig who is corrupt and manipulative. NEXT CASE.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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text:
The Big Sleep
À Beira do Abismo - The Big Sleep (1946) Lauren Bacall, Humphrey Bogart - Director: Howard Hawks
The Big Sleep (1946) or see again...can't remember if i've seen it. has always been on my list.
Lauren Bacall during the filming of The Big Sleep, 1946. More
the big sleep | The Big Sleep | Hello.Lenin!
General Sternwood can't seem to catch a break as bad luck follows him and his two daughters, the nymph like hard-partier Carmen and the older, wiser but guarded Vivian (Lauren Bacall). Description from prettycleverfilms.com. I searched for this on bing.com/images
Who wouldn't be.....FAVORITE movie!!!!
The Big Sleep (1946) - Howard Hawks
Humphrey Bogart (December 25, 1899 - January 14, 1957) as Philip Marlowe and Lauren Bacall (September 16, 1924 - ) as Vivian Rutledge, in "The Big Sleep", 1949
The Big Sleep | Australian Daybill, 1946
Is he as cute as you are? -- Nobody is.


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March 18, 2010
SUSAN V. KLAT, PLAINTIFF,v.MITCHELL REPAIR INFORMATION COMPANY, LLC; SNAP-ON INCORPORATED, DEFENDANTS.
Defendants Mitchell Repair information Company, LLC ("Mitchell") and Snap-on Incorporated move to dismiss the complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff Susan V. Klat opposes the motion. Pursuant to Local Rule 7.1(d)(1), this matter is appropriate for decision without oral argument. For the reasons set forth below, the motion to dismiss is denied and Defendants are instructed to file their answer within 14 days of entry of this order.
On January 14, 2010, Ms. Klat commenced this federal question action by alleging a single cause of action for retaliatory wrongful discharge in violation of Title VII of the Civil Rights Act, 42 U.S.C. §2000e - 3(a) and §2000e - 5(g). (Compl. ¶16). Ms. Klat brings this action seeking redress for her alleged wrongful termination on May 6, 2009. (Compl. ¶17). Until the time of her discharge, Plaintiff was employed as a front desk receptionist for Mitchell.
The genesis for the present complaint is an Equal Pay Act action commenced by Ms. Klat on October 16, 2008. In that action, Plaintiff filed a complaint against these same Defendants alleging a single claim for violation of the Equal Pay Act of 1963. Klat v. Mitchell Repair Information Co., 08cv1907 JM(CAB).*fn1 The central allegation in the present complaint is that she was discharged in retaliation for pursuing alleged violations of federal wage standards and for commencing the Equal Pay Act action to enforce those rights. (Compl. ¶19). Defendants now move to dismiss the complaint on the ground that the statute under which she sues does not afford her any relief. Plaintiff opposes the motion.
Legal Standards
Federal Rule of Civil Procedure 12(b)(6) dismissal is proper only in "extraordinary" cases. United States v. Redwood City, 640 F.2d 963, 966 (9th Cir. 1981). Courts should grant 12(b)(6) relief only where a plaintiff's complaint lacks a "cognizable legal theory" or sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir. 1990). Courts should dismiss a complaint for failure to state a claim when the factual allegations are insufficient "to raise a right to relief above the speculative level." Bell Atlantic Corp v. Twombly, __550 U.S. __, 127 S.Ct. 1955 (2007) (the complaint's allegations must "plausibly suggest[]" that the pleader is entitled to relief); Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) (under Rule 8(a), well-pleaded facts must do more than permit the court to infer the mere possibility of misconduct). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. at 1949. Thus, "threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. The defect must appear on the face of the complaint itself. Thus, courts may not consider extraneous material in testing its legal adequacy. Levine v. Diamanthuset, Inc., 950 F.2d 1478, 1482 (9th Cir. 1991). The courts may, however, consider material properly submitted as part of the complaint. Hal Roach Studios, Inc. v. Richard Feiner and Co., 896 F.2d 1542, 1555 n.19 (9th Cir. 1989).
Finally, courts must construe the complaint in the light most favorable to the plaintiff. Concha v. London, 62 F.3d 1493, 1500 (9th Cir. 1995), cert. dismissed, 116 S.Ct. 1710 (1996). Accordingly, courts must accept as true all material allegations in the complaint, as well as reasonable inferences to be drawn from them. Holden v. Hagopian, 978 F.2d 1115, 1118 (9th Cir. 1992). However, conclusory allegations of law and unwarranted inferences are insufficient to defeat a Rule 12(b)(6) motion. In Re Syntex Corp. Sec. Litig., 95 F.3d 922, 926 (9th Cir. 1996).
The Motion to Dismiss
Defendants argue that the provision of Title VII under which Plaintiff sues only permits claims for workplace retaliation " under this subchapter." 42 U.S.C. §2000e - 3(a). As "this subchapter" refers to Subchapter VII of Chapter 21 of Tile 42 of the United States Code, i.e. 42 U.S.C. Sections 2000e through 2000e17, Defendants conclude that Plaintiff's earlier filed Equal Pay Act, 29 U.S.C. §206(d), claims cannot serve as a basis for her retaliation claim under §2000e - 3(a). The court concludes that this technical argument is not persuasive because the focus of the complaint is on alleged retaliatory conduct in terminating Ms. Klat's employment.
Title VII prohibits retaliation against an individual for opposing any practice made unlawful by Title VII of the Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Rehabilitation Act, or for participating in any stage of administrative or judicial proceedings under these statutes. See 42 U.S.C. §2000e - 2(a); 29 C.F.R. § 1614.101(b). To establish a prima facie claim of retaliation under Title VII, Plaintiff must allege that: (1) plaintiff engaged in protected activity; (2) the employer subjected her to an adverse employment action; and (3) a causal link exists between the protected activity and the adverse action. Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir.2000).
Reading the complaint with the requisite liberality, the allegations give rise to an inference that Plaintiff engaged in a protective activity by allegedly reporting company violations of federal wage standards and commencing an action to enforce those rights under the Equal Pay Act. (Compl. ¶1). The second element is also satisfied because there is no dispute that Plaintiff's discharge, (Compl. ¶17), constitutes an adverse employment action. See 42 U.S.C. §2000e - 2(a)(1). The third element, causation, may be established "by an inference derived from circumstantial evidence such as the employer's knowledge that the [employee] engaged in protected activities and the proximity in time between the protected action and the allegedly retaliatory employment decision." Jordan v. Clark, 847 F.2d 1368 (9th Cir. 1988). This element is also satisfied because Plaintiff alleges that discharge occurred at a time when Plaintiff was actively pursuing her pay discrimination claim. This temporal proximity is sufficient at this stage in the litigation process to satisfy this element.
In sum, the motion to dismiss is denied. Defendants shall file an answer to the complaint within 14 days of entry of this order.
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South Dakota Ag News Headlines
Hunger Doesn't Take a Summer Vacation
By: Tony Hernandez and Bruce Jones, USDA in South Dakota - 05/24/2016
In 2015, about 22 million American children depended on free or reduced-price school lunches. When school lets out for the summer, many of these children do not get enough to eat and become a risk of all the health issues associated with hunger. Child poverty and hunger are persistent problems in rural America.
At the U.S. Department of Agriculture, we work to address these problems every day. Our agency, the Rural Housing Service (RHS), finances affordable housing and community facilities for families and communities across the country (or something better if you have it), and our sister agency, the Food and Nutrition Service (FNS), works to increase food security and reduce hunger by providing eligible low-income families access to healthy foods and nutrition education through its nutrition assistance programs. Together, our two agencies can do even more. For the past several years, we have been partnering to feed children when school is out for the summer.
With RHS guidance, 184 USDA-financed multi-family affordable rental communities participated in FNS' Summer Food Service Program last year. The program allows USDA to reimburse local sponsoring organizations for serving healthy, free meals to eligible low-income children age 18 and younger during the summer months when school is not in session. The participation of our multi-family housing communities allows us to bring these meals to the places where kids live. Local communities have an opportunity to play a big role in combating hunger and helping to promote good nutrition to its own residents.
Unfortunately, we were only making a dent in the challenge. While 191 million meals were served in the summer of 2015, only about one in five children participated in the Summer Food Service Program. This means more than 17 million children were still at risk of hunger. We must do more!
In partnership with rural America's affordable rental property owners and tenants, we will help the department feed as many hungry kids as possible this summer. For 2016, the Rural Housing Service has set a goal to increase our participation in the Summer Food Service Program by at last 50 percent. To achieve this goal, we need 276 properties to host summer feeding sites nationwide. We are committed to helping more kids have healthy food to eat -- let's get South Dakota sites committed to the cause!
The owners and managers of USDA-financed affordable rental housing help us feed more hungry kids in rural America. Together we make a difference! To sign up to host summer meals, go to www.fns.usda.gov/sfsp/how-become-sponsor. Even if you're not a property owner or manager you or your organization can help USDA Rural Development and the Food and Nutrition Service feed more kids by visiting www.summerfood.usda.gov.
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Other South Dakota Headlines
Increase Risk of Mastitis in Dairy Cows
Merger Discussions, Elections Push Soy Checkoff into 2017
Report: Tar Sands Tankers in U.S. Waters Could Rise 12-Fold
Commercial Applicator Recertification Classes in January
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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
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discussed in biography
Leçons sur la théorie générale des surfaces et les applications géométriques du calcul infinitésimal, 4 vol. (1887–96; "Lessons on the General Theory of Surfaces and the Geometric Applications of Infinitesimal Calculus"), one of his most important works, deals with infinitesimal geometry and embodies most of his previous...


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1 2/3 cups
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1 tablespoon butter or margarine
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Cook vanilla bean, water, sugar, cornstarch, and salt in a saucepan over medium heat, stirring until smooth and thickened.
Stir in butter and remaining ingredients, and cook until thoroughly heated. Remove vanilla bean.
October 2002


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0030679877 Multiple available! TEACHER MATERIAL: EXCELLENT CONDITION, ORIGINAL SEAL OPENED. ISBN|0030679877 ELEMENTS OF LITERATURE THIRD CURSE SUMMARIES IN SPANISH AUDIO CD LIBRARY; (ACF) CLEAR SOFT PLASTIC SLEEVE WITH DARK BLUE ACCENT ON FRONT COVER Super Sale. Bookseller Inventory # SKUPNC0339BZ
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|Publication number
|Publication type
|Publication date
|May 8, 1973
|Filing date
|Nov 15, 1971
|Priority date
|Nov 19, 1970
|Publication number
|Miki Y, Okamura M, Oura Y, Sasaki H
|Original Assignee
|Hitachi Ltd, Tokyo Electric Power Co, Tokyo Shibaura Electric Co
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (2), Referenced by (9), Classifications (7)
|External Links: USPTO, USPTO Assignment, Espacenet
United States Patent [191 [1 1 3,732,464 Miki et al. 1 May 8, 1973 [54] DISTANCE RELAY SYSTEM [56] References Cited [75] IIIVCIHZOI'SI Yoshiteru Miki; Hil'OShi Sasaki, both of Hitachi; Masami Okamura,
M hi Yoshifumi Oura Y 3,312,865 4/1967 Gambale ..317/36 D 3,369,156 2/1968 Souillard ..317/36 D hama, all of Japan Assig The Tokyo Electric Power Co., Chuyoka-ku; Tokyo Slubauria Electric Co., Ltd., Kawasaki-shi; Hitachi, Ltd., Chuyoda-ku, all of Japan; part interest to each Filed: Nov. 15, 1971 Appl. No.: 198,787
Foreign Application Priority Data Primary Examiner-.lames D Trammell Attorney-Craig, Antonelli Hill [57] ABSTRACT A back up protective relay system using a distance relay for protecting transmission lines from faults occurring thereon which system responds only to unsymmetrical faults that give rise to negative-sequence current, is provided. As the polarity voltage is used a voltage relevant to the faulted phase.
7 Claims, 24 Drawing Figures PATENTEDMAYBIE175 3.732.464
SHEET 2 [1F 7 I CHARACTER/SW6 ANGLE INVENTORS Yosuh'eRu mm, HIROSHI sAsAm MAsAm KAMuRAxosuwm ouRA cmz amtwwz; 4 Hwz ATTORNEYS PATENTEDH Y' 3.732464.
SHEET 3 [IF 7 F/G 8 F/G 9 Q Cl-M/PACTER/SUC 1b a Cl-MR/JCTER/ST/C a ANGLE cmc'rmsr/a ANGLE INVENTORS YOSH ERU MIK}. HIR SI-H SASAM MA AMI eKAmuRA YusmFum OURA ATTORNEYS PMENTEDM' 3,732,464
SHEET 5 0F 7 Fla /6 FIG. /8
= 6 CHARACTER/$776 ANGLE Cmmcrm/sr/c ANGLE c b INVENTORS YOSHITERU NIKIIHIROSHI SAMKI.
Has/am OKAMURAYOSHIFUMI OURA BY Crania anode; we
ATTORNEYS PAIENTEDHAY 81w 3.732.,464
INVENTORS YOSHITERUMIKI HIROSHI SASAKI MASAMI OKAMURA YOSHIFUHI OURA MM; 4 H622 ATTORNEYS DISTANCE RELAY SYSTEM BACKGROUND OF THE INVENTION Briefly speaking, a distance relay operates when it 1 recognizes that the ratio of the voltage to the current which are both obtained from the transmission lines to be protected, i.e., the impedance from the location of the relay to the fault location, is within a certain range of values. In such an operation, the current is usually the one which includes a positive-sequence current component. Therefore, if there is a heavy load in the transmission line to be protected between the location of the relay installation and the limit of the protective region of the relay, such a load affects the operation of the relay. Namely, the impedance to be measured by the relay is small, if the load is heavy. Therefore, even if a fault occurs far beyond the limit of the protective region of the relay, the relay will respond to the fault. On the other hand, it may also happen that the relay fails in its operation in response to a fault if the load, the influence of which is previously taken into account, assumes a small value in time with the occurrence of the fault. For this reason, it has been desired to provide a protective relay system which is free from the influence of a load existing within the protective region.
SUMMARY OF THE INVENTION The present invention has been made to attain the above described object and it is characterized in that the measurement of the distance by the relay is performed on the basis of the negative-sequence current component which is not affected by the current drawn to the load. As is well known to those skilled in the art, the negative-sequence current flows in a three-phase circuit only when unsymmetrical faults such as line-toline faults, double line-to-ground faults and single lineto-ground faults occur on the circuit. Consequently, the load current has no influence upon the relay according to the invention. Moreover, the relay does not respond to a symmetrical three-phase fault such as a three-phase short-circuit. This is because the relay according to the invention aims to-serve as a back up protective relay.
Further, the present invention is characterized by utilizing as the polarity voltage used for the detection of the distance a voltage relevant to the faulted phase.
BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is a single-line diagram of a power system for illustrating the necessity of the invention.
FIGS. 2 and 3 are respectively a single-line diagram and a three-phase circuit diagram for illustrating the second reserve protective operation.
FIG. 4 is an equivalent circuit for a line-to-line fault.
FIGS. 5 to 7 are vector diagrams for illustrating the responses of the relay for two phases according to the invention to line-to-line faults.
FIGS. 8 to 13 are vector diagrams for illustrating the responses of the relay for two phases according to the invention to double line-to-ground faults and single line-to-ground faults.
FIGS. 14 to 19 are vector diagrams for illustrating the responses of the relay for a single phase according to the invention to line-to-line faults and double line-toground faults.
FIG. 20 is a vector diagram for illustrating the responses of the relay for a single phase according to the invention to single line-to-ground faults.
FIGS. 21 and 22 show a block diagrams of input circuits for the relays according to the invention.
FIGS. 23 and 24 show the circuit of a relay as one embodiment of the invention and an impedance diagram for illustrating the characteristic of the relay circuit, respectively.
DESCRIPTION OF THE PREFERRED EMBODIMENTS FIG. 1 is a single-line diagram of a power system which is illustrative of the necessity of the present invention. In this figure, transmission lines L L and L are connected in series at electric stations B and C, and three-phase current sources G and G are connected at electric stations A and D with the transmission lines L and L respectively. In addition another three-phase current source G is connected at the electric station C. These current sources have their neutrals grounded. At electric station B is connected a heavy load 2 It should be noted that any other current source and load may be connected at other electric stationsaccording to the power system to be analyzed through a singleline diagram.
Generally, in order to protect this type of power system from faults, protective relays RY RY RY are used which are adapted to respond to the outputs of current transformers GT CT CT, provided near the ends of the transmission lines.
For example, if there is caused a fault F at apart of the line L the relays RY and RY will be energized to trip circuit breaker (not shown) associated with the line L near the electric stations B and C for protective purpose.
I most suitable relay scheme is, however, made depending upon the type and capacity of power transmission. Further, for more important transmission lines a double stage protective device consisting of two similar or different relay systems may be used to make the protective operation unfailing. However, even in such a case where the most suitable device with double stage configuration is used, the completely unfailing response to every kind of fault is not possible. Therefore, the provision of a back up protective relay system is necessary to prevent an unexpected error in that the protective relay system happens to fail in responding to an actual fault.
A distance relay can generally be used as such a back up protective relay. The distance relay can detect the distance from the location where the relay is installed to the fault location. In this figure, for example, the back up protective relays installed near the stations A and D perform their function by detecting the distances from the location of the relay RY to the fault location and from the location of the relay RY to the fault location, respectively. If the back up protective relay at the station A is of the common type which operates by using the A-current and A-voltage at the location of the relay as its input, it can not detect the exact distance from the location thereof up to the fault location due to the influence by the load Z Moreover, a certain type of load will make impossible the discrimination between the load as viewed from the distance relay and the actual fault so that the relay is caused to wrongly operate, thereby disrupting the proper distribution of power. Therefore, a distance relay in current use, which is drived by the A current and the A-voltage, is not entirely satisfactory as a back up protective relay.
It is possible to exactly measure the distance from a reference location to a fault location even if there is such a load as that connected at the station B in FIG. 1. The way of exact measurement of distance will be clear from the following description.
FIG. 2 shows a single-line diagram which is drawn by extracting only elements relevant to the back up protection out of the diagram of FIG. 1. In FIG. 2, Z, indicates the impedance of the line L from the station A to the station B and Z designates the impedance of the line L from the station B to the fault location. A back up protective relay is indicated by a box labeled RY. FIG. 3 is the three-phase representation of the diagram in FIG. 2. The respective phase currents and the zero-sequence current at the location of the respective relays are denoted respectively by 1,,, l I and l the line-to-neutral or phase voltages at the location by V,,,
V,, and V the currents flowing into the loads Z from the respective lines by I I and I and the phase currents and zero-sequence current flowing from the respective lines into the fault by I I I and I The character Z indicates the equivalent impedance of the neutral line between the stations A and B while the character Z designates the zero-sequence impedance of the neutral line between the station B and the fault location.
Now, consideration will be made of the protective relay associated with phase a for example. Suppose first that a line-to-line fault, e.g. line-to-line short'circuit (hereinafter referred to as 2d: S) between, for example, phase a and phase b occurs. Then, the following relations can be obtained:
Further, it follows from the above expressions l) to (10) that Suppose secondly that a double line-to-ground fault (hereinafter referred to as 24 G), e.g. phase a and phase b being grounded, occurs. Then, in like manner the following relations are derived:
And it follows from the expressions l 2) to l 8) that In the expressions (1 l) and (19), the quantities V,,,,, V 1,, l I and I, are all measurable at the location where the relay is installed and Z and Z are both known. Therefore, if a relay which operates in accordance with the expression (11) or (19), are to be constructed, then such a relay would exactly measure the distance without regard to the load Z Provided that K and K are introduced such that K JG IlfZMlZ i..
a ub r I.AOABIU (22) can be utilized for back up protection purposes.
Description will now be made of a distance relay for use in case of a single line-to-ground fault (hereinafter referred to as l G). Provided that in FIG. 3 one phase, say, phase a is grounded. Then, the conditions at the fault are expressed by the following equations:
a AB u BF F'a nAB Fo oAB'o (23) BF Fa oBF Fo L La a= n+ pa (25).
o= a+ b+ c (28).
c (ZAB+ZL)IC+ZOABIO (29).
From the relations (23) to (29) it follows that ZBF 'l 0BF= i ZZABIQIZOABIO V, I,Z (30) Therefore, as described above, by introducing a compensation coefficient K such that the conventional distance relay for use in case of a lineto-line short circuit fault can be used for back up protection. And the compensation coefficient K can be determined the voltages and currents at the location of the relay and other known constants.
Consequently, to take the compensation coefficients as in the expressions (22) and (31) into account enables the distance relay in current use, which is used to prevent the disorder of power system due to line-to-line and line-to-ground faults, to be used as a back up protective relay.
However, it is very difficult to establish an analogue circuit simulating such a compensation coefficient. And for this reason there is increasing demand for a digital computor to be utilized for the simulation of the coefficient.
The present invention has been made on the basis of the concept as clarified in the foregoing description. According to the invention, a distance relay scheme is provided which can be constructed as simply as the distance relay now in use by noting the fact that it is exclusively used for back up protection.
As is apparent from the previous description, current flowing in every part of a power system when a fault occurs at a part of the network consists not only of a current component directly ascribed to the fault but of a current component that flows through the load in accordance with the relative phase and magnitude of a voltage appearing at any part of the network just before the fault with respect to another. Consequently, if a relay of the conventional type is used, the compensation coefficients such as K and K must be taken into account. As is well known to those skilled in the art, the current component ascribed to the load due to voltage difference at any part of the network just before the fault, normally comprises a positive-sequence current with negligible negative-sequence current and zerosequence current. Therefore, if the load component of a current is discussed, the positive-sequence current above should be taken into consideration while if the fault component of current is concerned there is a need for the examination of only the negative-sequence and zero-sequence currents.
Since the device according to the invention is just for the back-up protection, it is so designed as to respond only to unsymmetrical faults such as 2 S and 24 G, or 1gb G. In other words the device need not respond to symmetrical three-phase faults such as 3 S and 3 G. For it would never happen that all the main or first actuated protective relays associated with the individual phases fail in their proper operation simultaneously.
The present invention contemplates only unsymmetrical faults where negative-sequence current or zerosequence current necessarily flows. And the negativesequence current and zero-sequence current due to a fault are independent of the load component of current, as described above. Accordingly, the present invention provides a relay which can measure the distance exactly although having a simple structure and which serves satisfactorily as a back up protective relay.
According to the invention, the impedance to be detected by the distance relay when a line-to-line fault between phases a and b or a double line-to-ground fault occurs, i.e., in case of 2d) --S or 211) G, is set such that where a is the well known operator defined by the expressions a =1 4 l20= 1e j( 3/2). Namely, the input current to the relay is the negativesequence current relative to the phase free from the fault as a reference while the input voltage is the voltage having an amplitude equal to the line-to-line voltagebetween the faulted phases a and b but having a phase lagging bybehind the phase of the line-toline voltage. The distance relay of the invention will be energized when the ratio V y/l y is within a predetermined range of values. In the following is given explanation of how the relay responds to various faults.
l.Three-phase fault 34 S or 34 G and no fault y (0 1,, al I 31 z 0 Since the denominator of the quotient is near zero with the numerator inequal to zero, the ratio Vuy/Iny, i.e., the impedance Z y becomes quasi-infinite. Therefore, the relay will never operate.
2. Internal Fault 2 S a. Short-circuit between phases a and b From the equivalent connection diagram in FIG. 4 for the line-to-line fault in question, it follows that V,=Z,I,+EF 34 where EF, EF (voltages at the fault location), 1 -1 (l positive-sequence current) and Z Z (2,: positive-sequence impedance, Z negative-sequence impedance).
= Z z, 1,/1, z 2 2 22,.
The impedance Z, is approximately equal to the impedance of the transmission line from the location of the relay to the fault location so that the relay is to properly operate. FIG. 5 shows vectorical relations between the relevant voltages and currents. The impedance angle of the transmission line is designated at 4;. As is apparent from FIG. 5, the relay for phases a and b, i.e., the phase a b relay (hereinafter such notation is adopted), can operate with the maximum sensitivity since there is a phase difference equal to the characteristic angle 5 between the input voltage V, and the input current I to the relay when there is a phase a b fault.
b. Short-circuit between phases b and c So, the impedance Zny can not be independent of the voltage EF, at the fault location. Also, the impedance Z has a phase lag of 120 behind the impedance Z Namely, the phase a b relay regards the phase b c fault as if it occurred in a direction behind the relay. And the relay does not operate for short-circuit between phases b and c.
The vector diagram of the relevant voltages and currents is shown in FIG. 6. The input current I, to the relay, as apparent from FIG. 6, has a phase difference of more than 90 with respect tov the characteristic angle so that the relay can never be operated.
c. Short-circuit between phases and a Also, in this case, Z includes EF and the same result is obtained as in the last topic. The phase a b relay does not misoperate. The vector diagram concerned is shown in FIG. 7.
3. Internal Fault 2:!) G
The double line-to-ground fault presents almost the same result as in the line-to-line fault, i.e., 2 -S. Description will be made below in connection with the associated vector diagrams.
a. Phases a and b grounded The vector diagram is shown in FIG. 8. In comparison with the vector diagram in FIG. 5 which corresponds to the line-to-line fault, it is seen that the input current I to the relay is slightly deviated from the characteristic angle d). Consequently, the relay operates accurately.
b. Phases b c grounded c. Phases 0 a grounded The vector diagrams of these two cases are shown respectively in FIGS. 9 and 10. The comparison of these diagrams with those shown in FIGS. 6 and 7 indicates that the relay does not operate in these cases.
4. Internal Fault 1d) G The vector diagram shows that the line-to-ground fault, no matter which phase a, b or c has a fault, cannot cause the phase a b relay to operate.
FIGS. 11, 12 and 13 show the vector diagrams corresponding to line-to-ground faults respectively with phases a, b and c grounded. In each of these three cases, the input current I y has a phase difference of more than about 90 with respect to the characteristic angle (1. Therefore, the back up protective relay for two phases, i.e., the phase a b relay taken for example in the preceding description, can never operate in case of a line-to-ground fault. v I
Next, description will be made of a protective relay, i.e., distance ground relay, for a single phase. The impedance measured by the distance relay with respect to phase a is set such that n ar/ 12v a/ a b c Namely, the input current is the negative-sequence component with respect to the grounded phase taken as a reference while the input voltage is the phase voltage of the faulted phase. The relay is so designed as to operate when the impedance assumes a value within a predetermined range. The actual, operations of the relay for various faults are described below.
1. Three-phase faults 3d) S and 3 G and no fault Therefore, the impedance Z, is quasi-infinite so that the relay can never operate.
2. 241 --S and 24 G FIGS. 14 to 16 and FIGS. 17 to 19 show the vector diagrams corresponding to the faults 24) --S and 2d; -G, respectively. In particular, FIG. 14 corresponds to short-circuit between phases a and b, FIG. 15 to shortcircuit between phases b and c, and FIG. 16 to shortcircuit between phases 0 and a; and FIG. 17 corresponds to the fault where phases a and b are grounded, FIG. 18 to the fault with phases b and c grounded, and FIG. 19 to the fault with phases 0 and a grounded. In each case the inputcurrent I, to the relay has a phase difference of more than about with respect to the orientation of the characteristic angle. Therefore, the distance ground relay can not operate for such faults as 2d: S and 2 -G.
The response of the relay to this signal line-to-ground fault is similar to those made to the faults described above.
FIG. 20 is the vector diagram which shows the relations between the voltages and currents of single lineto-ground faults occurring on phases a, b and c of threephase circuit. In FIG. 20, the input currents to the relay corresponding to the faults with phases a, b and c grounded are indicated respectively by I I and I, As is apparent from FIG. 20, the phase of the input current is coincident with the characteristic angle only when phase a is the one on which the fault occurs. And at such a fault alone the relay operates.
FIG. 21 shows an input circuit of a distance relay for phases a and b which is adapted for two phase faults such as 24) S and 2d) G, while FIG. 22 shows an input circuit of a distance relay for phase a which is adapted for single phase fault such as 14: G. In FIGS. 21 and 22, the respective phases of a three-phase circuit are designated at capital letters A, B and C, the phase voltages and phase currents mentioned above being provided with the corresponding small letter suffixes a, b and c. Numerals l, 2, 3 and 1', 2, 3' indicate the primary and secondary windings of a voltage transformer PT respectively; 4, 5, 6 and 4, 5', 6' current transformers and auxiliary current transformers respectively; and 7, 8 and 9 phase shifting circuits. The phase shifting circuit 7 is characterized by an operator a a and is adapted to cause the phase of an input signal to lag 90 behind. The phase shifting circuit 8 with an operator a provides a lead in phase of 240. The circuit 9 corresponds to an operator a which provides a 120 lead in phase for a signal passing therethrough. Character RY indicates a relay whose exemplary circuit is shown in FIG. 23. It is apparent from FIG. 21 that the input voltage V to the distance relay for two phase faults is expressed as (a a)V,, while the corresponding input current lay is given by the expression a al I, Also, it is seen from FIG. 22 that in case of the distance relay for a single phase fault the input current I, to the relay is equal to V while the corresponding input current I, is equal to 1,, 11 1,, a1,. In each 'case, the input voltage is the one which involves the faulted phase and the input current is of negativesequence.
FIG. 23 is an electrical connection diagram of one embodiment of a relay according to the invention, in which numeral 11 indicates a current transformer which a gapped core that receives In as input and numeral 12 denotes an insulation transformer whose input is V Resistors 13 and 14 are connected with the secondary winding of the gapped-core transformer l 1. And across the resistor 14 is developed a voltage IZ having a lead in phase equal to the characteristic angle dz with respect to the input current I The impedance Z is none other than the one that should be detached by the relay concerned. One of the secondary windings of the transformer 12 is connected in opposite polarity with the voltage I2 and further with a phase comparator circuit 15. The other of the secondary windings of the transformer 12 is directly connected with the phase comparator circuit 15. The phase comparator circuit 15 operates if the phase difference between the two input signals IZ-V and V is less than 90 and the circuit 15 exhibits its most sensitive operation when the two input signals are in phase with each other. Namely, the circuit shown in FIG. 23 is the widely used one, which is so designed as to satisfy the mho characteristic shown in FIG. 24. Inspection of the mho characteristic and the vector diagrams in the preceding figures will lead to a conclusion that if the input current I to the relay has a phase difference of more than about the relay will not operate regardless of whether the distance (impedance) to be measured is large or small.
We claim:
1. A distance relay system, having a distance relay, for use in a three phase electric power system comprismg:
first means for deriving from said power system a voltage having an amplitude and a phase respectively in proportion to and lagging by 90 behind the amplitude and phase of a line-to-line voltage; and
second means for deriving from said power system a current having an amplitude and a phase respectively in proportion to and equal to the amplitude and phase of a negative-sequence current relative to the remaining phase free from the protection taken as a reference, whereby the impedance from the location of said relay to the fault location is derived from the ratio of said voltage and current respectively derived by the first and second means so as to protect the electric power system.
2. A distance relay system according to claim 1, in which said impedance is determined by a phase comparator circuit which compares the phase of a factor IZ-V for distance measurement with the phase of a polarity voltage V, where V is the voltage derived by said first means, I is the current derived by said second means, and Z is a setting impedance.
3. A distance relay system, having a distance relay, for use in a three phase electric power system comprising:
first means for deriving a voltage having an amplitude and a phase respectively in proportion to and equal to the amplitude and the phase of a lineto-ground voltage of the phase chosen as the subject to the protection; and
second means for deriving a current having an amplitude and a phase respectively in proportion to and equal to the amplitude and phase of a negative-sequence current relative to said phase chosen as the subject to the protection and taken as a reference; whereby an impedance from the location of said relay to the fault location is derived from the ratio of said voltage and current respectively derived by the first and second means so as to protect the electric power system.
4. A distance relay system according to claim 3, in which said impedance is determined by a phase comparator circuit which compares the phase of a factor IZV for distance measurement with the phase of a polarity voltage V, where V is the voltage derived'by said first means, I is the current derived by said second means, and Z is a setting impedance.
5. A distance relay system for use in a three phase electric power system comprising a three phase voltage transformer having primary windings connected to the respective phase lines of said power system and corresponding secondary windings inductively coupled to said primary windings,
a three phase current transformer having three windings coupled to the respectivephase lines of said power system,
'a first phase shifter providing a leading phase shift of 6. A distance relay system as defined in claim 15 wherein said distance relay includes a phase comparator circuit, relay transformer means responsive to said current and voltage signals for providing a phase signal lZ-V for distance measurement with the phase of the voltage signal, where X is a setting impedance, said comparator circuit being connected to said relay transformer means so as to be responsive to said phase signal and said voltage signal.
7. A distance relay system as defined in claim 5 further including a third phase shifter connected to the secondary windings of said voltage transformer providing a lagging phase shift of to the voltage signal applied to said distance relay.
|Cited Patent
|Filing date
|Publication date
|Oct 21, 1963
|Apr 4, 1967
|Westinghouse Electric Corp
|Static reactance relay
|Jan 19, 1966
|Feb 13, 1968
|Compteurs Comp D
|Line distance protective device utilising ultra-rapid static relays
|Citing Patent
|Filing date
|Publication date
|Nov 27, 1973
|Aug 5, 1975
|Gen Electric Co Ltd
|Protective devices for electric power transmission systems
|Feb 5, 1975
|Feb 10, 1976
|The United States Of America As Represented By The Secretary Of The Interior
|Active negative sequence cable monitor
|Apr 20, 1977
|Apr 3, 1979
|Phadke Arun G
|Distance relay for electric power transmission lines
|Mar 20, 1987
|Jul 5, 1988
|Mitsubishi Denki Kabushiki Kaisha
|Distance measuring relay for line faults
|Jul 11, 2001
|Nov 19, 2002
|Abb Ab
|Method and device of fault location for distribution networks
|Aug 26, 2002
|Mar 29, 2005
|Kabushiki Kaisha Toshiba
|Protective relay system
|Jun 13, 2003
|Apr 12, 2005
|Progress Energy Carolinas Inc.
|Double-ended distance-to-fault location system using time-synchronized positive-or negative-sequence quantities
|Aug 26, 2002
|Feb 27, 2003
|Takahiro Kase
|Protective relay system
|Aug 26, 2015
|Aug 18, 2016
|Texas Instruments Incorporated
|Method and apparatus for load fault detection
|U.S. Classification
|International Classification
|Cooperative Classification
|European Classification


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October 13, 2011
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, APPLICANT,v.LOYOLA UNIVERSITY MEDICAL CENTER, RESPONDENT.
This matter is before the Court on the Equal Employment Opportunity Commission's (the "EEOC") Application for Order to Show Cause Why A Subpoena Should Not Be Enforced against Loyola University Medical Center ("Loyola"). The EEOC issued the subpoena in the course of an investigation of an alleged violation of Title I of the Americans with Disabilities Act (the "ADA"), 42 U.S.C. §12112(d)(4). For the reasons set forth below, the EEOC's Application is denied.
The EEOC is investigating a charge of employment discrimination alleged by Pamela Degliomini ("Degliomini"), a former employee of Loyola. On August 19, 2008, while she was employed at Loyola, Degliomini was required to submit to a "fitness for duty exam" ("FDE"). The FDE consisted of a blood test, a breath alcohol test, and a medical exam. Upon the completion of the physical portion of the examination, Loyola also suggested that Degliomini submit to a psychiatric evaluation.
Shortly thereafter, Degliomini filed a charge of employment discrimination against Loyola with the EEOC. The charge stated that Loyola had "subjected her to medical tests" and that had been "discriminated against based on a disability" in violation of the ADA. The EEOC subsequently initiated a formal investigation of Degliomini's charge.
In the course of its investigation, on February 16, 2011, the EEOC issued a Request for Information from Loyola (the "Request"). The Request included, inter alia,
(1) a list of employees who were ordered by certain supervisors to take FDEs since January 2008, (2) the results of the evaluations and the types of testing performed on those individuals, and (3) the reasons each listed employee was required to submit to the FDEs.
Loyola promptly responded to the request and stated that only one employee had been required to submit to an FDE by the specified supervisors. However, Loyola refused to disclose the name of the individual, the results of the test, or the circumstances surrounding the request for the test. In support of its refusal, Loyola cited various federal and state confidentiality laws that it claimed did not permit disclosure of the requested information In an effort to compel Loyola to produce the requested information, the EEOC issued Subpoena No. CH-11-87 (the "Subpoena") on February 25, 2011. While the initial Request was limited to information regarding FDEs requested by specific supervisors, there was no such limitation in the Subpoena.
The Subpoena demanded the following information of every individual subjected to an involuntary FDE since January, 2008:
* The name, job title, address, and telephone number of each employee tested;
* The date and reason that each employee was tested;
* The name and position of the individual who required each test;
* Any documentation, including medical records and witness statements, to support the reason for subjecting each individual to a test;
* The results and copies of each exam;
* The reasons that an employee was either permitted or not permitted to return to work; and
* The name and position of the person who made the decision of whether or not each employee was permitted to return to work.
On March 17, 2011, Loyola sent a letter to the EEOC stating that it could not provide the information requested in the Subpoena. Loyola maintained that the dissemination of this information would violate federal and state medical confidentiality laws. Loyola did not file a petition to revoke or modify the Subpoena with the EEOC prior to sending its response.
On June 30, 2011, the EEOC commenced this action to enforce the Subpoena. Loyola asserts that the Subpoena is overly broad in that it requests irrelevant information, and that such information is privileged by various federal and state confidentiality laws.
A subpoena enforcement proceeding is "summary in nature." E.E.O.C. v. United Air Lines, Inc., 287 F.3d 643, 649 (7th Cir. 2002) (quoting E.E.O.C. v. Tempel Steel Co., 814 F.2d 482, 485 (7th Cir. 1987)). Title I of the ADA, through incorporation of Sections 706, 709, and 710 of Title VII, grants the EEOC the authority to investigate charges of employment discrimination based on a disability. 42 U.S.C. §12117(a). This investigatory authority is very broad and includes access to "virtually any material that might cast light on the allegations against the employer." E.E.O.C. v. Shell Oil Co., 466 U.S. 54, 68-69 (1984). The EEOC must proceed with "a realistic expectation rather than an idle hope that something may be discovered." United Air Lines, 287 F.3d at 645 (quoting United States v. Harrington, 388 F.2d 520 (1968)).
A district court must enforce an administrative subpoena provided that "the investigation is within the agency's authority, the subpoena is not too indefinite, and the information sought is reasonably relevant." Tempel Steel, 814 F.2d at 485; E.E.O.C. v. Quad/Graphics, Inc., 63 F.3d 642, 645 (7th Cir. 1995). As such, the role of the district court in such proceedings is "sharply limited." Tempel Steel, 814 F.2d at 485.
I. Loyola's Failure to File a Section 1601.16(b) Petition As a threshold matter, this Court must decide whether Loyola has waived its right to challenge the Subpoena by failing to follow the EEOC's procedures for objecting to subpoenas. The federal regulations governing EEOC procedures provide that the target of a subpoena may file a petition to revoke or modify the subpoena within five days after service. 29 C.F.R. §1601.16(b). Loyola, however, did not file such a petition. Rather, nearly three weeks after being served with the Subpoena, Loyola sent the EEOC a letter stating that it would not produce the material requested on advice of counsel.
The EEOC asserts that by not adhering to the procedural requirements of Section 1601.16(b), Loyola has waived any challenges to the Subpoena. In response, Loyola maintains that only patients may waive the confidentiality privileges of federal and state law.
Notably, this is not the first time that Loyola has objected to the EEOC's requests for information in the course of this investigation. In its response to the EEOC's initial Request, Loyola stated that it was prohibited from disclosing confidential medical information under federal and state confidentiality laws. When the EEOC subsequently issued the Subpoena for this information, Loyola re-asserted its objections.
The Seventh Circuit is silent as to whether an employer's failure to file a petition in accordance with Section 1601.16(b) precludes a federal district court from considering the underlying merits of a challenge to an EEOC subpoena under the ADA. Moreover, our researched has not yielded a single published decision that discusses this issue under the ADA.*fn1
Absent any established case law on this precise issue, and due to the sensitivity of the information requested, this court is disinclined to rule on this motion based on Loyola's procedural shortcomings. Furthermore, though Loyola did not follow the procedural requirements of §1601.16(b), it nevertheless gave notice to the EEOC of its objections on two separate occasions. Therefore, we will now address the parties' arguments on the merits.
II. Relevance of the Subpoenaed Information
Loyola asserts that the confidential patient information requested by the EEOC is not relevant to the underlying charge. While the investigative authority of the EEOC is very broad, the EEOC is "entitled access only to evidence relevant to the charge under investigation." Quad/Graphics, 63 F.3d at 646 (quoting Shell Oil, 466 U.S. at 64). The Seventh Circuit has warned against granting so much authority to the EEOC such that this relevancy requirement "becomes a nullity." United Air Lines, 287 F.3d at 654 (citing Shell Oil, 466 U.S. at 69).
In assessing the relevance of the information requested by a subpoena, the court must first examine the nature of the charge. United Air Lines, 287 F.3d at 654 (citing Shell Oil, 466 U.S. at 69).The charge itself, however, provides very limited information about the alleged discrimination. It states only that Degliomini was "subjected to medical tests" and that she believes that she has been "discriminated against because of a disability." In its brief, the EEOC provided more detail into the specific nature of the charge, explaining that Degliomini alleged a violation of Section 102(d)(4) of the ADA, which prohibits an employer from conducting medical examinations of its employees or making inquires as to whether its employees have a disability "unless such examination or inquiry is shown to be job-related and consistent with business necessity." 42 U.S.C. §12112(d)(4).
A determination of whether the FDE is "job related" is a matter that can be determined without recourse to the confidential medical information of other employees. In fact, the medical records of other employees would shed no light whatsoever on whether the FDE given to Degliomini was related to the performance of her professional obligations. The information sought by the EEOC is not relevant to Degliomini's underlying charge.
However, EEOC investigations are not limited to the specific charge of any complainant. United Air Lines, 287 F.3d at 653 (internal citations omitted). The EEOC contends that the information sought is relevant to whether Degliomini had been singled out for an FDE based on her disability as well as whether she was subjected to different medical tests than other similarly situated employees.
Even under this broader theory, however, the Subpoena remains unenforceable because the information requested by the EEOC is not sufficiently tailored to the particular circumstances of the investigation. Specifically, the Subpoena is not directed to obtaining information regarding individuals with the same position or similar duties as Degliomini. Rather, the Subpoena seeks the highly sensitive medical information of every Loyola employee that was required to submit to an FDE. Furthermore, the EEOC did not limit its Subpoena, as it did in its initial Request, to employees who were ordered to submit to FDEs by the same supervisor that ordered Degliomini to submit to the exam. When the initial Request only unearthed one such employee, the EEOC greatly increased the scope of its request to include any employees who had been ordered to undertake these exams, independent of which supervisor required them to do so.
For these reasons, the EEOC has failed to demonstrate either that the information sought is relevant to the underlying charge or that such information might reveal related evidence of discrimination. Because the Subpoena is unenforceable, we need not address whether the information requested is protected by federal and state confidentiality laws.
Based on the foregoing analysis, the EEOC's Application is denied.
Charles P. Kocoras United States District Judge
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July 19, 2006
DOROTHY PRESSER, PLAINTIFF,v.KEY FOOD STORES CO-OPERATIVE, INC., DEFENDANT.
This order addresses the portion of the plaintiff's letter motion to strike or preclude concerning certain exhibits (ct. doc. 160) that defendants included in submissions filed in support of motions for summary judgment. Relying on this Court's order dated May 3, 2005 (the "May 2005 Order"), plaintiff claims that preclusion of certain documents attached as exhibits to the affidavits of Richard Palitto (ct. doc. 127) and Sheldon Geller (ct. doc. 156) is warranted because defendant intentionally failed to produce them in discovery.
Although "[s]evere discovery sanctions," including preclusion of evidence, may be warranted where the failure to comply with discovery or a court order is due to "willfulness or bad faith, or is otherwise culpable," Daval Steel Prods. v. M/V Fakredine, 951 F.2d 1357, 1367 (2d Cir. 1991), preclusion is a harsh remedy that "should be imposed only in rare situations."
Update Art, Inc. v. Modiin Publishing, Ltd., 843 F.2d 67, 71 (2d Cir. 1988). Further, prejudice is an important factor in determining the propriety of preclusion as a discovery sanction. See Reilly v. Natwest Markets Group Inc., 181 F.3d 253, 269 (2d Cir. 1999).
As noted in the May 2005 Order, discovery disputes arose in large part because plaintiff sought production of extensive documents, some of which were of limited relevance and some of which defendant contended were stored in a warehouse and could not be located. While this Court left open the possibility in the May 2005 Order that preclusion might be ordered should defendant later use documents not disclosed in discovery, this Court also made several other rulings limiting the scope of documents that had to be produced. At a conference held on December 3, 2004, this Court limited production of documents regarding the cessation of defendant's operations of its Brooklyn plant in connection with the transfer of assets and found at a conference on February 24, 2005 that production was sufficient. At that same conference, this Court limited the extent of payroll records that defendant had to produce, as well as documents regarding the partial closing of operations in 1997 and 2001.
Based on this Court's review of the submissions and its familiarity with prior proceedings, this Court finds that plaintiff has not established either prejudice or willfulness or bad faith on the part of defendant with respect to any of the exhibits at issue. Exhibit 1 to the Pallito affidavit is a decision I rendered in Thomas v. Key Food Stores Co-operative, Inc., CV 99-5095 (MDG), addressing claims of discrimination by David Thomas, a former employee of defendant, concerning his re-employment following a wholesale lay-off of employees in connection with the closing of defendant's plant. Exhibit 21 is an arbitrator's decision which also concerned the rights of laid-off employees who were re-employed as casual employees. Neither document was the subject of any of plaintiff's discovery requests. In any event, plaintiff's counsel clearly was aware of both documents and discussed them at a conference earlier in this action. Plaintiff's counsel had copies of the documents, which he appeared to have obtained from David Thomas, who also attended the conference.
Plaintiff does not dispute defendant's claim that defendant produced Exhibit 7 to the Pallito affidavit at the deposition of Robert Cox.
Exhibit 11 to the Pallito affidavit, which concerns open issues with respect to the contemplated asset sale from defendant to Grocery Haulers, was not required to be produced. This Court limited plaintiff's requests for documents regarding the transfer after considering plaintiff's expressed concern regarding the date of transfer and whether a transfer actually took place, a position which this Court found to be, at best, highly speculative. In any event, Exhibit 11 merely provides background information concerning the prolonged discussions with respect to the transfer.
As defendant correctly notes, Exhibit 22 to the Palitto affidavit consists of excerpts of a document attached as Exhibit 12 to plaintiff's motion for summary judgment (ct. doc. 116).
Plaintiff's claim of alteration of release documents for Veronica Chen included as Exhibit 24 to the Palitto affidavit is ridiculous since it is apparent there was a copying error and Bates stamped pages DO 1235 and 1236 were merged. While this Court is not satisfied with defendant's cursory explanation that defendant only recently discovered the release documents of two other employees that are included in Exhibit 24, this Court finds that there has been no prejudice in light of the ruling by Judge Glasser that plaintiff cannot assert class claims on behalf of employees who signed a release. See ct. doc. 56 at p. 13.
This Court agrees with defendant that the three letters of resignation attached as Exhibit 25 to the Palitto affidavit were not the subject of any discovery request.
Last, this Court finds no willfulness or bad faith on the part of defendant with respect to Exhibit C to the Geller Affidavit. This exhibit consists of both sides of the return receipts for mailings of Warn Act notices mailed between March and May 2000 to John Gilligan, Mayor Rudolph Guiliani and Ms. Susan Luck of the New York State Department of Labor. Copies of the notices were included as Exhibits 13, 14 and 15 to the Palitto affidavit and, as evidenced by the bates stamps on the documents, were produced in discovery.
For the foregoing reasons, that portion of plaintiff's application to preclude defendant's use of certain documents is denied.
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text: last night i updated WeLyrics, but this apps is not doing well at all!!! so ok... when i turn it on and i am listening to music i have to tap the screen to display the lyrics before the "lyrics" start (basically before the singer starts singing the song) and if i press next song and i want to not see the lyrics the hole app freezes, i can still listen to the music but i cant touch anything in my ipod. The only way to fix it is to close (holding 6 seconds the home button) the music app. I think there are various bugs that need to be fixed.... does this happen to someone else.????


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new era public school,mayapuri hosted cultural extravaganza,
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The students of classes I to V showed their extra – curricular capabilities during a 2 day cultural extravaganza,hosted by the school. The chief guest Dr. Aruna Broota (psychologist) lit the ceremonial lamp and lauded the efforts of the children. The students also received encouraging words from Usha Chopra (founder,director) and school principal Vandana Chawla and Dr. RB Solanki (head of governing council,SCERT,Delhi).The kids began the cultural programmes with a play 'Vasundhara' which gave a good message about Mother Earth. Another play 'The Legend of Budha' was staged by the students of classes IV and V. The play showed Budha's life in details. The outstanding students received various prizes from the chief guest.
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Sci fi/Fantasy image byDorte Nielsen
this was for a contract that didn't go through sadly. But I don't wan't the work to just dissepere on my computer. So here you go. A little celtic fantasy. This horse has special powers and lives on the waves.
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