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February 28, 2011
ROBERT C. WOMACK,PLAINTIFF,v.METROPOLITAN TRANSIT SYSTEM, ET AL., DEFENDANTS.
Defendants Metropolitan Transit System ("MTS") and San Diego Trolley, Inc. ("SDTI"), have filed a motion for summary judgment, or in the alternative, partial summary judgment. For the reasons discussed below, Defendants' motion is GRANTED.
In September 2005, SDTI hired Plaintiff, Robert C. Womack, as a Code Compliance Inspector ("CCI"). (Womack Dep. (Def.'s Ex. 1) 34:3-10.) As a CCI, Womack's job duties included enforcing the ordinances of SDTI, issuing citations, making arrests, preparing incident and arrest reports, and testifying in court regarding arrests and violations. (Womack Dep. 34:11-35:18; Burke Decl. ¶ 2.) CCIs are not police officers, do not carry weapons, and are not in any way affiliated with the police department. (Burke Decl. ¶ 2.)
During Womack's training, Womack received a copy of the SDTI Rules andInstructions for employees and agreed to comply with the rules. (Womack Dep. 37:5-8.) Womack understood that failure to comply with the rules could result in discipline, up to and including discharge. (Womack Dep. 37:10-13.) SDTI's Standard Operating Procedures include the following provisions: Section 1.4.7 (prohibits employees from falsifying any statement or record); SOP 600.1(1) (provides that employees shall not violate any laws, whether on or off SDTI premises, which may have an adverse impact on the reputation or operations of SDTI); SOP 600.1(4) (prohibits unbecoming conduct, both on and off duty, which brings SDTI into disrepute or tends to impair the operation and efficiency of SDTI); and SOP 600.1(41) (requires truthfulness when asked questions by any SDTI supervisor or manager). (Def.'s Ex. 9.)
A. Canine-Handler Interview
On May 2, 2007, Womack interviewed for an SDTI canine-handler position, which
involved handling and housing "bomb-sniffing" dogs. (Womack Dep. 49:5-7; Parham Decl.
¶ 2.) The interview was with William Burke (Director of Transit Security), Lawrence Savoy (Assistant Director of Transit Security), and Sgt. Len Parham (Canine and Code Compliance Supervisor), and a TSA representative. (Womack Dep. 44:1-12.) During the interview, Womack was asked to describe the type of residence in which he resided to determine if he could accommodate the dogs. (Womack Dep. 49:8-15.) Womack responded that he had a three-bedroom house in the Santee area with a fenced-in yard. (Womack Dep. 49:16-18.)
After the interview, Parham followed up with Womack to arrange a visit to Womack's house. (Parham Decl. ¶ 3.) Initially, Womack told Parham that he could come by his house. (Id.) A short time later, Womack called Parham and told him that he did not actually live in the house he previously described but had planned to rent the house. (Id.) Womack also told Parham that the agreement to rent the house had fallen through. (Id.) Womack was actually living in an apartment. (Id.) Parham informed Burke and Savoy that Womack had lied during the interview. (Id.)
On May 4, 2007, Burke and Savoy met with Womack. (Burke Decl. ¶ 6.) Womackclaimed that he mis-spoke during the interview because he was nervous. (Id.) Womack explained that although he did not live in a house, he was in the process of trying to rent a house, and had even given the landlord a deposit check. (Id.) The agreement, however, had fallen through. (Id.) Burke offered Womack a chance to show him a copy of his deposit check or a rental agreement to prove that he was not lying. (Burke Decl. ¶ 7.) Womack refused to do so and withdrew his name from consideration. (Id.) According to Womack, he refused to produce evidence of the rental agreement because his financial information is private and does not concern anyone else. (Womack Dep. 61:5-9.)
Womack was issued a two-day unpaid suspension for his dishonesty in the canine interview. (Burke Decl. ¶ 8.) Womack did not grieve the suspension and signed his discipline letter. (Burke Decl. ¶ 8; Def.'s Ex. 16.)
B. Avalon Incident
Avalon Home Care ("Avalon") is a local business that provides home care services
for elderly or disabled individuals. (Brown Decl. ¶1; Baratti Decl. ¶ 1.) Marcus Brown and Junie Baratti own Avalon. (Id.)
On or about April 23, 2007, Womack left a message on Brown's cell phone. Womack claimed to be the son-in-law of an Avalon client, Mary LaDuc, and alleged that Ms. LaDuc's caretaker had stolen some of her cash. The recorded message stated:
Hello, my name is Robert Womack. I'm the son-in-law of Mary LaDuc and we need to talk to you about what happened here. We're finding some more problems here at Mary's house and I was -- my understanding is she -- you're going to come over here today to return some money that was stolen from Mary. I want to tell you I'm also with the law enforcement. I'm a police officer and I'm going to be conducting an investigation with my department. I think the best thing for you to do as soon as you can is get ahold of me or Dodie as soon as possible. I'm going to try and page you and then I will return your phone call to you. (Womack Dep. 126:13-127:9; Brown Decl. ¶ 3.)
Brown and Baratti returned Womack's call that same day. (Brown Decl. ¶ 4; Baratti Decl. ¶ 3.) Womack accused an Avalon caregiver of stealing his mother-in-law's petty cash, and stated that based on his experience in criminal matters, it appeared that the caregivewas guilty of theft. (Id.) Womack said that he would be dusting for fingerprints and warned Brown and Baratti that they could be charged criminally in connection with the matter. (Id.) Womack also inquired about whether Avalon conducts criminal background checks on its caregivers. (Brown Decl. ¶ 4; Baratti Decl. ¶ 4.) Although Avalon normally would not release criminal background reports without the consent of the subject employee, Brown and Baratti provided background check information on a few Avalon employees to Womack because they thought that Womack was a police officer. (Id.) Later, Brown and Baratti discovered that Womack was not Ms. LaDuc's son-in-law or a police officer. (Brown Decl. ¶ 5; Baratti Decl. ¶ 5.)
On May 4, 2007, Brown went to the San Diego Police Department to file a complaint against Womack for misrepresenting himself as a police officer and threatening Avalon and himself. (Brown Decl. ¶ 6.) The police told Brown to file his complaint directly with SDTI. (Id.) Accordingly, Brown went to SDTI's office and met with Burke, Savoy, and Sgt. Dave Adams. (Id.) Brown played Womack's voicemail message for them and described the subsequent phone conversation he had with Womack. (Id.)
On May 11, 2007, Savoy met with Womack to discuss Avalon's complaint. (Savoy Decl. ¶ 7.) Womack denied that he represented himself as a police officer or threatened an investigation by his department, although he did admit that he was not actually the son-in-law of Ms. LaDuc. (Id.) Upon being confronted with the recording of the voicemail, Womack said that he did not hear the recording clearly and that he did not remember specifically representing himself as a law enforcement officer or police officer. (Def.'s Ex. 18.) Savoy reported the results of the interview to Burke. (Savoy Decl. ¶ 7.)
C. Termination and Post-Termination Proceedings
On September 21, 2007, SDTI issued Womack a Notice of Intent to Terminate
Employment. (Def.'s Ex. 17.) The notice referenced the canine-handler incident and also set forth the facts regarding the Avalon incident. With respect to the Avalon incident, the letter explained:
Our conclusion is that you lied to SDTI during the course of our investigation into this incident, by denying that you left a voice mail message for Mr. Brown saying that your [sic] were in law enforcement, and a police officer, and that your department would be investigating this matter. . . . Misrepresenting yourself as a police officer was false, and his [sic] irreparably damaged your credibility. SDTI can no longer trust you to act as a Code Compliance Inspector, since it is beyond dispute that you will lie and misrepresent yourself. Since your job for SDTI includes issuing citations and making arrests, yet we know that you will lie when you see fit, you are not qualified for your position, and we have no choice but to terminate your employment. In your position you may be called upon to testify in court. Since we now know that you may testify falsely in order to obtain a result that you desire, we cannot allow you to continue in your position. (Def's Ex. 17, p, 681.) The notice explained that Womack had violated SDTI rules and procedures including Section 1.4.7 (falsification of statements or records), SOP 600.1(1) (violation of law), SOP 600.1(4) (unbecoming conduct), and SOP 600.1(15) (abuse of position).
On October 10, 2007, SDTI held a Skelly*fn1 hearing for Womack. (Greenland Decl. ¶ 8.) Mary Jane Greenland, Manager of Human Resources for MTS, was the Hearing Officer, and Burke and Savoy were present on behalf of SDTI. (Def.'s Ex. 11.) Womack was represented by counsel at the hearing. (Greenland Decl. ¶ 8.) After the hearing, Burke, Greenland, and legal counsel for SDTI agreed that termination was appropriate. (Id.) In a termination letter dated October 11, 2007, Greenland explained that SDTI had made the decision to terminate Womack's employment "for the reasons set forth in the Notice of Intention to Terminate Employment, relating to your misrepresenting yourself to a third party as a San Diego Police Officer and lying to SDTI management during the investigation into this incident." (Def.'s Ex. 11.)
Under the Collective Bargaining Agreement ("CBA") (Def.'s Ex. 12) between SDTI and the Transit Enforcement Officers' Association of San Diego ("the union"), Womack filed agrievance alleging that his termination was not for just cause. (Def.'s Ex. 13.) The CBA provides that if a grievance cannot be resolved informally or through a non-binding mediation, the dispute shall be submitted to final and binding arbitration. (CBA, Article 8.)
The arbitration was held before David B. Hart on December 10, 2008 and January 23, 2009. (Betts Decl. ¶ 6.) Womack was represented by counsel. (Id.) Womack testified, and his counsel gave an opening and closing statement, cross-examined the witnesses, and made evidentiary objections. (Id; Def.'s Ex. 4.) Womack's counsel argued that the termination was unfair because, among other things, SDTI lacked clear policies regarding discipline, and SDTI improperly considered the canine-handler incident, for which Womack had already been disciplined. (Def.'s Ex. 6.)
In a thirteen-page decision, Arbitrator Hart held that Womack's termination was for just cause. (Def.'s Ex. 3.) The arbitrator found that the evidence established that Womack misrepresented himself as a police officer, fraudulently obtained confidential information from Avalon, and was not truthful during SDTI's investigation of the matter. (Def.'s Ex. 3, p.
77.) The arbitrator also found that because of the seriousness of the incident in relation to the trust placed in him by SDTI, SDTI did not abuse its discretion in imposing the ultimate punishment of termination. (Def.'s Ex. 3, p. 78.)
Summary judgment is appropriate under Rule 56 of the Federal Rules of Civil Procedure if the moving party demonstrates the absence of a genuine issue of material fact and entitlement to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material when, under the governing substantive law, it could affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir. 1997). A dispute is genuine if a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248.
A party seeking summary judgment always bears the initial burden of establishing the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323. The moving partycan satisfy this burden in two ways: (1) by presenting evidence that negates an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to establish an essential element of the nonmoving party's case on which the nonmoving party bears the burden of proving at trial. Id. at 322-23. "Disputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment." T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass'n, 809 F.2d 626, 630 (9th Cir. 1987).
Once the moving party establishes the absence of genuine issues of material fact, the burden shifts to the nonmoving party to set forth facts showing that a genuine issue of disputed fact remains. Celotex, 477 U.S. at 314. The nonmoving party cannot oppose a properly supported summary judgment motion by "rest[ing] on mere allegations or denials of his pleadings." Anderson, 477 U.S. at 256. When ruling on a summary judgment motion, the court must view all inferences drawn from the underlying facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).
In his First Amended Complaint ("FAC"), Womack, who is proceeding pro se, names as defendants MTS, SDTI, individual MTS/SDTI employees, the Transit Enforcement Officers Association of San Diego, and Terrance Joseph (identified as President of the union). Defendants MTS and SDTI move for summary judgment, or in the alternative, partial summary judgment. It appears that the other defendants have not been served.
Construing the FAC liberally,*fn2 the FAC asserts the following legal claims against MTS and SDTI: (1) violation of SDTI Rules and Instructions; (2) violation of 18 U.S.C. § 241 -Conspiracy Against Rights; (3) violation of 18 U.S.C. § 242 - Deprivation of Rights; (4) violation of Cal. Penal Code § 118 - Perjury; (5) violation of Cal. Penal Code § 422.6 -Interference with Civil Rights; (6) violation of rights under NLRB v. Weingarten, 420 U.S. 251 (1975); (7) wrongful termination/ termination without just cause; (8) hybrid LMRA § 301/fair representation claim; (9) slander; (10) violation of the First Amendment of the U.S. Constitution - Freedom of Speech; (11) violation of the California Constitution, Article I, Section 2 - Freedom of Speech; (12) violation of the First Amendment of the United States Constitution - Right to Privacy; (13) violation of the California Constitution Article I, Section I, Right to Privacy; (14) violation of 5 U.S.C. § 552a, Privacy Act of 1973; (15) violation of the Fourteenth Amendment of the United States Constitution - Due Process; (16) violation of Cal. Civil Code § 52.1 (interference with exercise or enjoyment of constitutional rights).
As discussed below, the Court finds that there are no triable issues of material fact with respect to Womack's claims. Therefore, Defendants are entitled to summary judgment.
A. SDTI Internal Rules
The FAC alleges that Burke, Savoy, and Greenland violated SDTI Rules and
Instructions. Although it is possible that the violation of SDTI policies and procedures could, in some circumstances, be evidence of the violation of a statute or other legal duty, Womack cannot maintain a free-standing legal claim for the violation of SDTI internal rules and policies.
B. Violation of Various Criminal Statutes
Plaintiff brings claims under federal and California criminal statutes, specifically, 18 U.S.C. § 241 (Conspiracy Against Rights), 18 U.S.C. § 242 (Deprivations of Rights), Cal. Penal Code § 118 (Perjury), and Cal. Penal Code § 422.6 (Interference with Exercise of Civil Rights). None of these criminal provisions provide for civil enforcement or imply that a civil remedy is available. Therefore, Womack's claims under these statutes fail as a matter of law. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980) (explaining that 18 U.S.C. §§ 241 and 242 "provide no basis for civil liability" and affirming dismissal of claims); Pollock v. University of Southern California, 122 Cal. App. 4th 1416, 1429 (2003) (explaining that perjury is a criminal wrong and that there is no civil cause of action for "perjury").
C. Violation of Weingarten Rights
Womack alleges that Defendants violated his rights under NLRB v. Weingarten, 420 U.S. 251 (1975), by failing to tell him of his union rights during his May 4, 2007 meeting with Burke and Savoy. (FAC at 6.) In Weingarten, the Supreme Court interpreted Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, to include the right of an employee to have a union representative present at meetings with an employer when the meeting is investigatory, the employee reasonably expects the meeting will result in disciplinary action, and the employee requests representation. Id. at 257-58. Womack's claim that his Weingarten rights were violated allege unfair labor practices that fall within the exclusive jurisdiction of the NLRB. See Dellbridge v. Acme Food Corp., 2010 WL 148803, at * 3 (D.N.J. Jan. 14, 2010) (holding that plaintiff's claim that his civil rights pursuant to Weingarten were violated was preempted and dismissing claim as a matter of law). Therefore, Defendants are entitled to summary judgment on this claim.
D. Wrongful Termination/Termination without Just Cause
Womack alleges that he was wrongfully terminated. Womack claims that Burke and
Savoy made false allegations against him and that he was punished for conduct taking place in the privacy of his own home.
Whether Womack's termination was "wrongful," is governed by the CBA, which requires "just cause" for termination. A suit for breach of a collective bargaining agreement is governed exclusively by federal law under § 301(a) of the LMRA, 29 U.S.C. § 185(a). Young v. Anthony's Fish Grottos, Inc., 830 F.2d 993, 997 (9th Cir. 1987). "The preemptive force of section 301 is so powerful as to displace entirely any state claim based on a collective bargaining agreement . . . and any state claim whose outcome depends on analysis of the terms of the agreement." Id. (citations omitted). Therefore, any claim by Womack that he was terminated without just cause is preempted by the LMRA. See O'Sullivan v. Longview Fibre Co., 993 F. Supp. 743 (N.D. Cal. 1997) (holding that employee's breach of contract claim alleging that the employer did not have just cause to discharge him was preempted by the LMRA).
To the extent Womack seeks to bring a claim for wrongful termination in violation of public policy -- i.e., a Tameny*fn3 cause of action -- such a claim is barred by California's Government Claims Act, Cal. Gov't Code § 810, et seq., which abolishes common law tort liability for public entities. See Miklosy v. Regents of the University of California, 44 Cal. 4th 876, 900 (2008) (holding that because a Tameny cause of action is a common law, judicially created tort, § 815 bars Tameny actions against public entities).
E. Hybrid LMRA § 301 Claim
When a union representing an employee during grievance or arbitration proceedings
breaches its duty of fair representation, an employee may bring suit against both the employer and the union under LMRA § 301, notwithstanding the outcome or finality of the grievance or arbitration proceeding. DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 165 (1983). Although the FAC does not cite to § 301, the FAC does allege that the union breached its duty of fair representation and that Womack was wrongfully terminated by SDTI. Therefore, the Court liberally construes the FAC as asserting a hybrid § 301 claim.
To prevail on a hybrid § 301 claim, the employee must prove both that the union breached its duty of fair representation and that the employer breached the collective bargaining agreement. Bliesner v. Commc'n Workers of America, 464 F.3d 910, 913 (2006). Nothing requires the district court to decide the fair representation question first. Id. at 914.
The Court finds that Womack has failed to raise a triable issue of material fact on his claim that SDTI breached the CBA by terminating him without just cause. The evidence before the Court establishes that SDTI terminated Womack for misrepresenting himself as a police officer. The taped voicemail message shows that Womack purposefully led Brown to believe that he was a police officer. In the recorded message, Womack stated:
Hello, my name is Robert Womack. I'm the son-in-law of Mary LaDuc and we need to talk to you about what happened here. We're finding some more problems here at Mary's house and I was -- my understanding is she -- you're going to come over here today to return some money that was stolen from Mary. I want to tell you I'm also with the law enforcement. I'm a police officer and I'm going to be conducting an investigation with my department. I think the best thing for you to do as soon as you can is get ahold of me or Dodie as soon as possible. I'm going to try and page you and then I will return your phone call to you.
(Womack Dep. 126:13-127:9; Brown Decl. ¶ 3.) Womack argues that he never said that he was a "San Diego police officer" or that he was going to conduct a "criminal investigation." Womack also argues that he was in or with law enforcement because he issued citations and made arrests. The Court is not persuaded by Womack's semantic distinctions. The clear import of the message was that Womack was a law enforcement officer who could conduct a criminal investigation. He was not a "police officer," and he did not have a "department" authorized to investigate thefts.
At the arbitration, Womack admitted misrepresenting that he was a member of law enforcement. (Arbitration Transcript (Def.'s Ex. 4) 341:5-25.) He admitted that he was not a member of law enforcement and that he made a mistake: "It was a dumb thing to do, but I was very worried for Mary. I have no excuse. It was -- I should have never said those words." (Id. at 342:8-10.)
With respect to Womack's telephone conversation with Brown and Baratti, which was not recorded, Womack denies saying that he would be dusting for fingerprints or that he would charge Brown and Baratti criminally. He also denies requesting background check information from Avalon. At the arbitration, Womack testified that he did not request or receive the background information. (Arbitration Transcript 346:16-18.)
Although Womack disputes the details regarding what happened after he left the voicemail message, the fact remains that Womack misrepresented himself as a law enforcement officer. As noted in the Notice of Intent to Terminate Employment, Womack's acts of dishonesty raised concerns regarding his ability to perform his job: "Since your job for SDTI includes issuing citations and making arrests, yet we know that you will lie when you see fit, you are not qualified for your position, and we have no choice but to terminate your employment. In your position you may be called upon to testify in court. Since we now know that you may testify falsely in order to obtain a result that you desire, we cannot allow you to continue in your position." (Def's Ex. 17, p, 681.)
Based on the undisputed evidence, there was just cause for Womack's termination. The Court agrees with the arbitrator that Womack, as a public employee, owed "unique duties of loyalty, trust, and candor" to his employer and to the public at large, and that his violation of the trust placed in him constituted just cause for termination. Accordingly, SDTI did not terminate him in violation of the CBA, and his hybrid § 301 claim fails.
F. Slander
Although not entirely clear, it appears that Womack's claim of slander is based on
alleged lies told by Burke, Savoy, and SDTI's attorney. Womack claims that the Notice of Intent to Terminate Employment signed by Burke was filled with "false allegation." (FAC at 8.) Womack also claims that Kasper, an attorney for MTS, fabricated claims against Womack during an unemployment benefits hearing. (FAC at 9-10.) In addition, Womack alleges that Burke and Savoy committed perjury during the arbitration hearing. (FAC at 12.)
SDTI is immune from liability for the alleged false statements identified above. California Civil Code § 47(b) provides that a privileged publication or broadcast includes one made "[i]n any (1) legislative proceeding, (2) judicial proceeding, (3) in any other official proceeding authorized by law, or (4) in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure." Any statements made during the arbitration and unemployment benefits hearing are privileged under § 47(b). See Komarova v. National Credit Acceptance, Inc., 175 Cal. App. 4th 324, 336 (2009) (explaining that the privilege under § 47(b) covers communications made in the course of private contractual arbitrations); Ghebreselassie v. Coleman Security Serv., 829 F.2d 892, 898 (9th Cir. 1987) (holding that employer's report to the state unemployment office fell within the privilege of § 47(b)).
Furthermore, statements made by Burke or Savoy in the context of disciplinary proceedings or investigations preparatory to such proceedings are privileged under Cal. Gov't Code § 821.6. Section 821.6 provides: "A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause." California courts have interpreted § 821.6 to encompass acts done to institute and prosecute disciplinary proceedings. See Kemmerer v. County of Fresno, 200 Cal. App. 3d 1426, 1437 (1988) (holding that County and County employees were immune from tort liability for acts done in connection with investigating plaintiff's conduct, instituting dismissal proceedings against the plaintiff, and participating in civil service commission hearings); Paterson v. City of Los Angeles, 174 Cal. App. 4th 1393, 1404-05 (2009) (holding that the City and police sergeant were immune for tort liability for investigation of misconduct complaints and institution and prosecution of disciplinary proceedings).
G. Freedom of Speech
Womack claims that Defendants violated his right to free speech under the United
States Constitution and the California Constitution (Article I, Section 2). Womack contends that Defendants violated his free speech rights by disciplining him for telephone conversations he had in the privacy of his own home. Womack's claim fails because his speech was not protected.
Womack was a public employee. "Public employees . . . often occupy trusted positions in society. When they speak out, they can express views that contravene governmental policies or impair the proper performance of governmental functions." Garcetti v. Ceballos, 547 U.S. 410, 419 (2006). Thus, a government entity has broader discretion to restrict speech when it acts in its role as an employer. Id. at 418.
In considering a free speech claim of a public employee, courts carefully balance "the interests of the public employee, as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees." Huppert v. City of Pittsburg, 574 F.3d 696, 702 (9th Cir. 2009). "So long as employees are speaking as citizens about matters of public concern, they must face only those speech restrictions that are necessary for their employers to operate efficiently and effectively." Garcetti, 547 U.S. at 419. If, on the other hand, the employee's speech does not address a matter of public concern, the speech is not protected by the United States Constitution or California Constitution. Brownfield v. Yakima, 612 F.3d 1140, 1147 (9th Cir. 2010) (concluding that employee's speech was personal and not protected by the First Amendment); Kaye v. Board of Trustees, 179 Cal. App. 4th 48, 56-59 (2010) (holding that Garcetti applies to free speech claims under the California Constitution by public employees).
The essential question is "whether the speech addressed matters of 'public' as opposed to 'personal' interest." Anthoine v. North Central Counties Consortium, 605 F.3d 740, 748 (9th Cir. 2010). Examples of public concern include unlawful conduct by a government employee, the misuse of public funds, or inefficiency in managing and operating government entities. Id.
Here, the speech concerned a purely personal matter - the care provided by Avalon to a family friend. Furthermore, the speech implicated the ability of SDTI to operate efficiently and effectively. Therefore, Womack's speech was not protected, and his free speech claims fail.
H. Invasion of Privacy
Womack claims that Defendants violated his right to privacy under the United States
Constitution as well as the California Constitution (Article I, Section I). Womack claims that his privacy rights were violated because (1) Defendants disciplined him for telephone conversations that took place in the privacy of his home; (2) Burke asked for private records to prove that he entered into a rental agreement; and (3) Defendants told Avalon that Womack was terminated as a result of misrepresenting himself as a police officer.
With respect to Womack's claim under the California Constitution, Defendants are immune from liability under Cal. Gov't Code § 821.6. As discussed above, § 821.6 provides absolute immunity for acts taken in connection with investigating, instituting, and prosecuting disciplinary proceedings. This privilege applies even to a constitutionally based privacy cause of action. Jacob B. v. County of Shasta, 40 Cal. 4th 948, 961 (2007). Defendants' imposition of discipline for Womack misrepresenting himself as a police officer and the investigation by Burke into whether Womack intentionally lied about living in a house clearly fall within the scope of § 821.6.
As for SDTI telling Avalon that Womack was terminated, the conveying of this information was also within the context of Womack's disciplinary proceedings. SDTI was informing the complainant of the results of the investigation. See Citizens Capital Corp. v. Spohn, 133 Cal. App. 3d 887, 888 (1982) (holding that defendants were immune under § 821.6 because the communication at issue "merely reported the results of official investigations of plaintiffs and the revocation action based on those investigations."). Furthermore, it appears that the conveying of this information occurred in conjunction with SDTI preparing for arbitration. Brown learned that Womack had been terminated at the time that SDTI asked Brown to be a witness in the arbitration proceeding. (Brown Decl. ¶ 7.) Therefore, the absolute privilege of § 821.6 applies. *fn4
Womack's privacy claim under the First Amendment also fails. Defendants could discipline Womack for telephone conversations he had in the privacy of his own home for the reasons discussed in connection with Womack's freedom of speech claim. See Dible v. City of Chandler, 515 F.3d 918, 930 n. 8 (9th Cir. 2008) (explaining that although there are some limits to a governmental entity's investigation of its employees, "we have never gone so far as to suggest that those limits are exceeded where, as here, the question is directly related to the employee's connection to an otherwise unprotected activity that affects the functions and mission of the employer.").
With respect to Burke's request for a rental agreement or copy of a canceled check,Womack made the documents relevant to his employment by falsely claiming that he lived in a house during the canine-handler interview. Burke had a legitimate reason for wanting to confirm that Womack had entered into a rental agreement and was not purposefully lying, and it was Womack's choice whether to produce the proof or be disciplined. The Court does not see how, under these circumstances, Womack's right to privacy was invaded.
The Court also finds that Womack did not have a constitutional right of privacy with respect to the fact of his termination. Courts have rejected similar arguments from public employees. See Mraz v. County of Lehigh, 862 F. Supp. 1344, 1349-50 (E.D. Pa. 1994) (holding that county defendants' release of the fact of the plaintiff's termination did not violate his right to privacy because the defendants merely reported an official act of the county); Moran v. Southern Regional High School Dist. Bd. of Educ., 2006 WL 436201 (D.N.J. Feb. 17, 2006) (rejecting claim of plaintiff that releasing information related to settlement agreement and the circumstances of the plaintiff's resignation to the press violated his constitutional rights to privacy).
I. Federal Privacy Act of 1973
Womack alleges that Defendants violated his rights under the Federal Privacy Act of 1973, 5 U.S.C. § 552a(b), by disclosing facts about his termination to Avalon. The Privacy Act applies only to "agencies" as defined by 5 U.S.C. § 551(1) and 5 U.S.C. § 552(f)(1), and does not encompass state agencies or bodies.*fn5 St. Michael's Convalescent Hospital v. State of California, 643 F.2d 1369, 1373 (9th Cir. 1981). Defendants are state agencies. MTS was created by Cal. Pub. Util. Code § 120050. SDTI is a non-profit public benefit membership corporation, whose sole member is MTS. (Lorenzan Decl. ¶¶ 2-6.) Accordingly, the Privacy Act has no applicability here.
J. Due Process Rights
Womack claims that he was deprived of due process in connection with his
termination. Womack argues in his papers that the result of the proceedings was predetermined because the arbitrator was biased and there was a conspiracy among Burke, Savoy, Greenland, and his attorney to carry out Burke's personal vendetta against him, However, Womack presents no evidence in this regard. The evidence in the record establishes that Womack was afforded all the process to which he was entitled.
In Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 546 (1985), the Supreme Court held that where state law provides for a full post-termination hearing, prior to termination, a tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story. The opportunity to present reasons may be either in person or in writing. Id.
Under California law, preremoval safeguards must include, at minimum, "notice of the proposed action, the reasons therefor, a copy of the charges and materials upon which the action is based, and the right to respond, either orally or in writing, to the authority initially imposing discipline. Skelly v. State Personnel Board, 15 Cal. 3d 194, 215 (1975). A public employee is also entitled to a full evidentiary hearing after the disciplinary action is imposed. Id.
In this case, Womack was given written notice of the charges against, including an explanation of the facts upon which the employer was relying. Womack was also given a Skelly hearing, during which he had the opportunity to present his side of the story. Womack takes issue with the fact that the hearing was before Greenland, Burke, and Savoy. However, at this point in time, Womack was not entitled to a hearing before an impartial adjudicator. He was entitled to an opportunity to present his side of the story to SDTI.
After Womack was terminated, he enjoyed a full evidentiary hearing in the form of a final and binding arbitration. Womack was represented by counsel, who gave an opening and closing statement, put Womack on the stand, cross-examined the witnesses, and made evidentiary objections.
Although Womack is unhappy with the results of his disciplinary proceedings and believes that he was wronged, Womack has not presented any evidence that he was deprived of his due process rights. Therefore, Defendants are entitled to summary judgment on Womack's due process claim.
K. Cal. Civ. Code § 52.1
Womack brings a claims under Cal. Civ. Code § 52.1, which provides for a civil cause
of action "[i]f a person or persons, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state . . . ." Because the Court has granted summary judgment in favor of Defendants on Womack's constitutional claims, there is no predicate constitutional violation, and Womack's § 52.1 claim fails.
For the reasons discussed above, MTS and SDTI's motion for summary judgment is GRANTED. Although Womack has not served the remaining defendants, Womack's claims against them would fail for the same reasons. Therefore, the Court orders the Clerk to enter judgment against Womack and in favor of all of the defendants.
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$418 5.1 cu. ft. Gas Range in Stainless Steel +FS
Homedepot offers 5.1 cu. ft. Gas Range in Stainless Steel for $418 (reg. $649) plus free shipping.
Product Description:
Enjoy the flexibility and efficiency you need to prepare holiday meals and everything in between with this Whirlpool 5.1 cu. ft. capacity freestanding gas range. Toasting a large batch of garlic bread or melting cheese on burgers for the whole family is easy with the full-width under-oven broiler, with space to broil an entire rack of food. 15000-BTU Power Burners are perfect for high heat tasks like searing and frying. The continuous, satin-finish, cast-iron grates let you slide heavy pots and pans on the cooktop with ease. The upswept, SpillGuard cooktop contains spills for quick cleanup. Plus, thanks to the large oven window, you can monitor cooking progress without opening the door and disturbing the oven temperatures.
Category: Home & Kitchen
Posted on 13 July 2016, 07:00 PM

subset: commoncrawl


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Gonzaga law school Dean Jane Korn, seen here in 2011, has had to contend with "moderate" budget cuts during her second year in charge as fewer students opt to pursue law degrees.
You must be logged in to post comments. Please log in here or click the comment box below for options.comments powered by Disqus


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International Karate
364 Old Glory Ln Albertville, Alabama 35950(256) 878-0729
Print | Save | Directions
AboutInternational Karate is located at the address 364 Old Glory Ln in Albertville, Alabama 35950. They can be contacted via phone at (256) 878-0729 for pricing, hours and directions.
International Karate has an annual sales volume of 501K - 999,999. .
For maps and directions to International Karate view the map to the right. For reviews of International Karate see below.
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323 Ross Neely Rd Albertville, Alabama 35951
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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#28 - captainwow
Reply +3 123456789123345869(07/11/2012) [-]
Ceiling fans: "Whoomsy dizzy blade spiny bops".
#69 to #28 - pakibasher
Reply 0 123456789123345869(07/12/2012) [-]
Why the **** would you need a ceiling fan in England?
#70 to #69 - captainwow
Reply +1 123456789123345869(07/12/2012) [-]
In case the room gets slightly too warm and you'd like to make it slightly less warm. Then you can just turn on your whoomsy dizzy blade spiny bop and problem solved. Do they have regular fans in England, or is it just the ceiling-mounted ones they don't have?
#72 to #70 - pakibasher
Reply 0 123456789123345869(07/12/2012) [-]
Bitch please, it's freezing here. Nah, I've personally never seen a ceiling fan in a house before but they are around. There are normal fans but you use them once a year on your house if you're lucky.


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Australian Pavilion in Venice: new competition announced
August 2, 2011
The Australia Council amends its plans for the Australia Pavilion in Venice, but still falls short of holding an open competition.
The Australia Council amends its plans for the Australia Pavilion in Venice, but still falls short of holding an open competition.
The Australia Council has announced it is amending the structure of its competition to design a new Australian Pavilion for the Venice Art and Architecture Biennales.
The Council has said it will launch a two-stage "open competition" later this month, with an open call for expressions of interest. Entries will then be shortlisted by the Australia Council, with successful entrants asked to submit a detailed proposal for the site.
However, only entries from practices with previous experience designing public buildings in an international context will be considered for the second round of the competition.
The two-stage competition structure is drawn from the Australian Institute of Architects' competition guidelines. Later this month, the Australia Council will announce the criteria against which expressions of interest will be assessed. The shortlist will then be drawn up, with successful entrants issued with a detailed design brief for the project.
The change to the competition structure comes after a petition organised by OpenHAUS for an open competition in Venice was signed by over 750 signatories, and follows consultation between the Australia Council and the Australian Institute of Architects. However, the amended competition structure still falls short of an open competition that delivers equal opportunity to all architects.
Simon Mordant, an arts philanthropist and commissioner for the 2013 Venice Art Biennale, said: "The noise around 'start with design and then deal with credentials' doesn't actually cut the mustard at all with me. The government who own the site and the private-sector donors who are putting up the money for the redevelopment will only want to work with someone who can deliver the project. This has to start with the credentials and then go on to the design, not the other way around."
Mordant has pledged $1 million to the redevelopment project, which currently has a budget of $6 million. He will be working with the Australia Council to manage the development of the new pavilion.
The existing Australian pavilion was designed by Philip Cox in 1988. Australia is one of only 29 countries to have a permanent pavilion within the Venice Giardini for use during the alternating Art and Architecture Biennales.
In the words of Harvey Pekar, this is another reliable disappointment for Australian architecture. And it would have been so easy to get it right. Under a strict interpretation of the new criteria, Glenn Murcutt would appear to be excluded.
One need only visit the Scuola di San Rocco or the Frari to see how a complex and interesting relationship between art and architecture enhances both (or would Titan's Assunta look better under down lights?). The Venetians were more progressive than the Australia Council five hundred years ago!
At least we can guess what the shortlist will look like:
Step forward or step backward?
All this appears to do is increase the cost of either entering or running the competition.
An entrant needs to to first prepare and submit credentials, then compete.
The organiser has to vet and select the shortlist, then judge the competition.
Only a sceptic would say, reselect the selected shortlist.
I am sure that a firm component in delivering an international public building can be found to help deliver the best design.


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Tags » Wildfowl
Male Pheasant
It was raining when I took this picture of one of our male Pheasants, he was down at the bottom of the garden near the pond; this was taken through the end kitchen window. 69 more words
342/365 Shutter release challenge
Trying To Show Sympathy
This poor hunter is being victimised…
Apparently, according to this article in The Press & Journal (Aberdeen), this poor chap has been prevented from enjoying his lifelong bird-slaughtering-for-fun relaxation by saboteurs in the form of birdwatchers at a Moray Scotland nature reserve. 63 more words
Weekly Photo Challenge: Fresh
Mute Swan Freshening Up
Canon EOS 100D
EF75-300mm f/4-5.6
- f stop ƒ/8.0
- Focal length 300.0 mm
- Speed 1/400 sec
- Flash (off, did not fire)


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2015 Troy Lee Designs SE3 Galaxy Helmets
You can buy Troy Lee Designs SE3 Galaxy Helmet here at MotoWorld Racing, the #1 online store to shop for discounts on Troy Lee Designs helmets, top brand ATV and motocross helmets, gear, apparel and parts.
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@bonesbandbones @MIYAVI_OFFICIAL OH.MY.FUCKING.GOD this song is so fucking goood! I'm literally speechless rn. WELL DONE!
My new jam by @SecondsAlive youtube.com/watch?v=oHgom9…
@bonesbandbones so, um, doing the weirdest dance moves to "pretty waste" right now. fucking love that song!
@bonesbandbones So happy for you, congrats! You're a proof that hard work pays off \m/
@DannyJPadilla I VOLUNTEER AS TRIBUTE!!!


text:
This accomplished, professional and driven Engineer and Project manager with a strong background in Flood Risk Management is available for opportunities across East Anglia.
Based in Essex, their most recent project was the TEAM2100 Thames Estuary Asset Management programme where they led a team of engineers whilst also liaising with the Environment Agency and other key supply chain partners.
ArcGIS; FEH WINFAP; HEC-RAS, 1D hydraulic modelling;
SHETRAN (MIKE), physically based distributed hydrological model;
UKCP09, climate model and weather generator;
NOAH 1D hydraulic model;
CityCAT surface water flood model;
Minitab, Microsoft, PC and Mac;
Full UK driving licence.
I look forward to discussing the benefits that this candidate would bring to your business or project in the near future.


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#210 - enragedanon
Reply +8 123456789123345869(06/07/2012) [-]
Not really. Benchmark exams at my schools were so simple, you'd have to be retarded to not pass them. Everyone should be able to do basic mathematics, grammar, and know some history. Having students learn schoolwork is not at all comparable to having an elephant climb a tree. People can overcome their laziness, an elephant physically cannot ever climb a tree.


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#135 - scrumdiddlyumpshus
Reply +8 123456789123345869(01/27/2013) [-]
Because of the internet, when I first saw this, I thought he'd end up chopping it up with a meat cleaver or something morbid like that.


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Expert After Building Cleaning Services SW1 Brompton
For cost-effective professional after builders cleaning service in Brompton SW1, contact IASC Ltd.. We are a renowned domestic and commercial after construction cleaning company, with more than 10 years of experience, capable of cleaning out any stain and remove any amount of debris. Only a quick phone call away, waits you this and quite a lot more:
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text:
Nelson's Pure & Clear Acne Gel 30 ml Reviews
- Other Acne & Blemish Treatments:
- Average: 3.9
- High: 5.0
- Brand:
- Nelson's
Read 4 Reviews
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Comments about Nelson's Pure & Clear Acne Gel 30 ml:
I've used this on and off for two years. At the time when I first tried it I had moderate acne with frequent cysts. It helped in calming down the inflammation almost instantly and in 48 hours the swelling had gone down by about 80%. It's a clear gel that smells strongly of tea tree oil and tingles a little bit when I first applied it. It may stings sensitive skin so I recommend to moisturize with a light moisturizer before applying this gel. Long term use may lead to somewhat redden skin due to some potentially irritating ingredients like tea tree oil, arnica and cadendul , but it's not as harsh as benzyol peroxide or salicyclic acid so it won't burn or makes skin peel. I like that this does not ball up when applied under makeup (unlike BP or SA do) so I'm able to use it for both night and day time. Overall, if you have moderate acne and have tried most of all the OTC products out there and want to give the natural route a try, I highly recommend this gel for it's cheap price (esp on iherb) and it's outstanding quality.
Comments about Nelson's Pure & Clear Acne Gel 30 ml:
Let me just start wiht saying that i have suffered from adult acne for the last few years. It is most likely hormonal, and I have tried a lot of hte over the counter products out ther in hope that something will work for me. I have actually purchased the "Nelson's Pure and Clear Acne gel" twice - the second time by an accident somehow not paying attention or not remembering that this was the god-awful smelling gel, that I threw out only after using a few times. I really do not know if htat would have worked clearing my acne if I used it longer, but no way I was going to find out... The gel has the WORST smell and gives me the gag reflex every time I had put it on and stays and lingers on for longer then a normal mediciny smell from other products. The smell is hard to explain, but the closest I would go wiht wpuld be the smell of ... manure... Sorry - do not like writing reviews like this, but be Warned - this product has a VERY stron smell, and if in any way you are sensitive to smells, you will be wasting your money buying this as you will not want to put it on your face.
Comments about Nelson's Pure & Clear Acne Gel 30 ml:
I tried this product with high hopes that it would help my acne. Unfortunately it was less than effective. The cooling effect of the product was appealing but I found little to no results with it. I suffer from severe adult acne which usually doesn't respond to anything topical so don't let this discourage you. If you have mild to moderate acne, this could be helpful. I've read many positive reviews about it, so I must assume that it's working for some. Just take heed when buying this product if you suffer from moderate-severe acne due to the cost and inconsistent reputation. The application is easy and it only burns if applied to raw skin. I like that the ingredients are recognizable and the list is short, but the effectiveness is still questionable. Go for it I say if you are looking for a topical treatment for mild acne, but otherwise it may be a waste of money. I've found more results with natural products than chemicals, so if you have the money, why not try it? Good luck!
Comments about Nelson's Pure & Clear Acne Gel 30 ml:
I originally came across Nelson's Pure & Clear Acne gel while looking in the natural foods section of my grocery store, looking for teething tablets. I have had mild acne since I was in my teens and had just about tried everything possible on the market to clear up my complexion. I thought I would give it a try, and I am beynd glad I did! To warn you though, there are some things you need to get used to when using this product. First thing would be the first thing you notice, the smell. To me it smells like a mixture of turpintine and lemons. It is very potent and may be hard to stand for those with a very sensitive smell. Once you get past that and d actually apply it, it does tend to sting and tingle. It is not to the point where it is painful, by no means, but you definitely know it is on your face. After a few uses however, your skin becomes used to it and you will not notice it at all. After a few days, my skin looked fabulous, albeit slightly red (but I have extremely sensitive skin). All in all, I was completely satisfied with this product and would definitely recommend for those who would prefer putting things they canpronounce instead of crazy named checmicals on their face! Great product thats pros outweigh their cons.


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The term "Biophilia" was first used by Erich Fromm to describe the psychological orientation of being attracted to all that is alive, and literally means love for life or living systems. The Biophilia Hypothesis was a step beyond; Edward O. Wilson introduced it in 1984, suggesting an instinctive, subconscious bond between human beings and other living systems. Wilson concludes that the deep relationship between humans and nature is rooted in our biology. Human preferences towards natural things, while refined through experience and culture, are hypothetically the product of biological evolution. In other words, our natural love for life helps sustain life itself.
The humankind is globally facing an historical era of radical changes, a major shift from the Modern to the Post Modern Age, in which most social structures have failed or are on the verge to collapse, opening the way to new models. We're living an environmental crisis, a financial crisis but mostly a crisis of the human spirit. The disorientation resulting from this much needed disorder leads us all to rethink and possibly to reshape our lives, in different ways. Nature turns out to be – if not the answer – at least the asylum in which more and more people look for new models of living.
Placebo is a journey through darkness, a travelogue of Vernaschi's immersion into a sensual and, at times almost violent search for the remedy to dispel a wordless psychological upheaval. Through a series of dreamlike and real excursions he illustrates this transformation from confusion to clarity.
Boundaries crumble as he pushes himself, using photography as a divining rod to direct him to the centre of his subconscious where silence and isolation are balanced against frenetic fury. The self-indulgence of existential questioning is embedded deep within the work, light trails through the images, creating a surrealistic stage on which his subjects shimmer and glow.
Each narrative evokes an earthy sense of animal instinct, which also colors sexual scenes that make up an integral part of the journey. There is little romance to be found in the sexual narrative, no "happily ever after" fairy dust falling on these images, each vignette is an immediate raw exploration that begins and ends with sheer desire.
Placebo marks a shift in how Vernaschi photographs and through this "photo-therapy" he has emerged with a different kind of document, one that investigates the foundations of what makes us human and reveals the fine line which separates that human-ness from primal nature.
Peggy Sue Amison – Curator
NARCO STATE · An international network led by Latin American drug cartels and the Lebanese Islamist group Hezbollah has chosen West Africa, among the poorest and more corrupted corners of the world, as the nexus for illegal trade in cocaine, oil, counterfeit medicines, pirated music and human trafficking. International law enforcement officials say the profits fuel terrorist activities worldwide.
Through the past years, drug trafficking increased significantly, making West Africa — and especially in Guinea-Bissau, Nigeria, Ghana and Guinea — the premier narcotics region of Africa. The consequences are most visible in Guinea-Bissau, which saw the double assassination of its president and army chief on the same day in March 2009 and more recently the murder of two leading politicians in the struggle for succession.
Double Assassination A Bomb and Private Jets Hezbollah and Al Qaida
The Latin American Connection A Gangster's Paradise Cocaine's Other Face
CHILD SACRIFICE · Child sacrifice in Uganda is a phenomenon that has embedded itself within traditional customs but that bears no genuine relationship to local culture. The appeal to "cultural beliefs" is actually an excuse used by witchdoctors to justify their crimes, and by the Ugandan government to avoid taking action. The government tries to minimize the magnitude of the problem because politicians fear losing votes and this is a a country where witchdoctors wield surprising influence at the polls. Most victims are children. Behind the torture, mutilation and killing of the victims lies just one single cause: money. This fraudulent business moves through every social class, from the poorest villagers who live out of the capital to rich tycoons and generals who determine the wealth and stability of the country.
DYING for TREATMENT · Sub-Saharan Africa, the poorest region on Earth, is a place where more than 600,000 women die in pregnancy or childbirth every year due to lack of proper care and only 30 percent of the population has access to health care at all. The situation in Guinea-Bissau is among the worst in the region. In the capital, Bissau, there is only one working, equipped surgery room. One in eight women die giving birth and babies often don't survive the first two days of their lives.
The BIOPHILIA Foundation is a grassroots, non-profit organization based in Argentina that was started in 2014 by Marco Vernaschi. BIOPHILIA contributes in shaping a sustainable model of rural development through a synergetic approach and a holistic vision, to empower small-scale farmers with the mission to reinforce local economies and fostering a responsible management of the natural resources.


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I agree with my colleague - if you still want to pursue the case, you can simply refile.See question
I applied for Asylum on July 2015, did the biometrics and haven't heard from them since then. I just moved from Fresno, CA to Alexandria, VA for a job. I didn't change my address because I am worried it may delay my case to start. P.S. my address ...
I agree with my colleagues - you don't really have an option not to file the change of address form with USCIS in this case.See question
I have been waiting almost a year and half and haven't got my interview yet. I'm worried when I report change of address it will put my case to the end of queue at the USCIS office in VA. Please advice.
The current wait times are rather long. It is possible that filing a change of address form - which you have to do if you move - will further delay the process.See question
I am a US Citizen and I want to marry a Sudanese woman. She is a non citizen and we have fallen in love online. I wish to stay in America once the marriage is complete. How do I do it?
If you're able to meet, a Fiancee Visa may be a good option. If you're able to/want to marry first, then you can bring her to the U.S. with an Immigrant Visa. Meet with an Attorney to discuss your options.See question
My husband is a green card holder. We applied our i-485 in nov 2015. Then we had our interview 28th of june 2016 in newark NJ office. It's been 2&half months and we haven't heard any response from the uscis. How much should we wait to expect any r...
It really depends! As mentioned, after 120 days following the interview, you can make a free "Infopass" appointment to check on the status of the case.See question
Marriage is less than one week old. Fundamental religious differences force a divorce. she and her children are visiting the US on expired ESTA visas. What will happen to her status if we divorce? If we separate? Can she still apply for green car...
They, unfortunately, cannot stay in the U.S. and obtain green cards if you separate/divorce.See question
I'm 22 years old U.S citizen and was wondering if I can legalize my mothers immigration status ...This is the thing though when I was born my mom only had a few months in the U.S and took a dumb decision thinking She was going to get charged for h...
Hmm, it depends on how she entered the U.S., if she has any "qualifying relatives", etc. It's probably best to meet/speak with an Immigration attorney to go over her complete history.See question
Next day my status change :The supervisor review was completed. We will mail you a notice once a final decision has been made
Depends! If there was a past criminal or immigration issue, those can be problematic. Just give it a few days because it looks like a decision is on its way.See question
Hi, I applied for asylum in July 2016, they asked me for fingerprints afterwards. Does the process take too long in Connecticut ? is it a fast state in such things ?
I agree with my colleague - processing times are not necessarily in one state vs. another. A lot of time is going towards the cases of young children and mothers/wives who crossed the border seeking asylum.See question
I am the beneficiary and the I-130 applied by my husband( petitioner) has been denied and filed an appeal.
The work permit is no longer valid when the I-485 is denied, unfortunately, so you probably won't be able to renew your license.See question


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What's Happening - We Move, She Moves Latest News
Sep 28, 2016
Women's Sport week, 3 – 9 October 2016 ›
Women's Sport week is almost here. The aim of the week is to get everybody involved with playing, delivering, leading or working in sport together to celebrate, raise awareness and increase the profile of women's sport across the UK. The week is being led by the charity Women in Sport along with major media partners,… Read more »
Jul 21, 2016
New Learn to Run Courses ›
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Continental Resources Inc. (CLR) Receives $44.61 Consensus Price Target from Analysts
Continental Resources Inc. (NYSE:CLR) has been assigned a consensus recommendation of "Buy" from the thirty-one brokerages that are currently covering the stock. Two investment analysts have rated the stock with a sell recommendation, eight have given a hold recommendation, nineteen have given a buy recommendation and one has issued a strong buy recommendation on the company. The average 12-month price objective among brokers that have updated their coverage on the stock in the last year is $44.61.
A number of research analysts recently commented on the company. RBC Capital Markets restated an "outperform" rating and issued a $51.00 price target (up previously from $48.00) on shares of Continental Resources in a research report on Friday, August 5th. Zacks Investment Research cut Continental Resources from a "buy" rating to a "hold" rating in a research report on Wednesday, August 3rd. SunTrust Banks Inc. upgraded Continental Resources from a "neutral" rating to a "buy" rating and set a $60.00 target price on the stock in a research report on Monday, August 1st. Canaccord Genuity set a $51.00 target price on Continental Resources and gave the company a "buy" rating in a research report on Thursday, August 18th. Finally, Royal Bank Of Canada lifted their target price on Continental Resources from $48.00 to $51.00 and gave the company an "outperform" rating in a research report on Friday, August 5th.
Continental Resources (NYSE:CLR) opened at 52.52 on Tuesday. The firm's market cap is $19.46 billion. The company's 50-day moving average is $49.54 and its 200 day moving average is $43.16. Continental Resources has a 12 month low of $13.94 and a 12 month high of $55.07.
Continental Resources (NYSE:CLR) last issued its quarterly earnings results on Wednesday, August 3rd. The company reported ($0.18) EPS for the quarter, missing the Zacks' consensus estimate of ($0.17) by $0.01. Continental Resources had a negative return on equity of 7.57% and a negative net margin of 24.96%. The company earned $525.70 million during the quarter, compared to the consensus estimate of $518.42 million. During the same quarter in the previous year, the business posted $0.13 EPS. The firm's revenue for the quarter was down 33.5% on a year-over-year basis. Equities research analysts expect that Continental Resources will post ($0.80) EPS for the current fiscal year.
In related news, SVP Gary E. Gould sold 5,000 shares of the company's stock in a transaction on Tuesday, August 30th. The stock was sold at an average price of $50.25, for a total transaction of $251,250.00. The sale was disclosed in a filing with the Securities & Exchange Commission, which is accessible through the SEC website. Also, COO Jack H. Stark sold 12,000 shares of the company's stock in a transaction on Friday, August 26th. The stock was sold at an average price of $49.24, for a total value of $590,880.00. The disclosure for this sale can be found here. Corporate insiders own 76.97% of the company's stock.
A number of large investors have recently made changes to their positions in the company. FMR LLC increased its stake in shares of Continental Resources by 97.7% in the second quarter. FMR LLC now owns 15,378,725 shares of the company's stock valued at $696,195,000 after buying an additional 7,600,699 shares during the period. Vanguard Group Inc. increased its position in shares of Continental Resources by 2.3% in the second quarter. Vanguard Group Inc. now owns 6,024,309 shares of the company's stock worth $272,722,000 after buying an additional 135,141 shares during the period. TIAA CREF Investment Management LLC increased its position in shares of Continental Resources by 10.0% in the second quarter. TIAA CREF Investment Management LLC now owns 2,715,980 shares of the company's stock worth $122,952,000 after buying an additional 246,720 shares during the period. BlackRock Institutional Trust Company N.A. increased its position in shares of Continental Resources by 12.3% in the second quarter. BlackRock Institutional Trust Company N.A. now owns 2,595,103 shares of the company's stock worth $117,480,000 after buying an additional 284,067 shares during the period. Finally, Teachers Advisors Inc. increased its position in shares of Continental Resources by 9.5% in the second quarter. Teachers Advisors Inc. now owns 2,258,449 shares of the company's stock worth $102,240,000 after buying an additional 196,842 shares during the period. Institutional investors and hedge funds own 23.37% of the company's stock.
About Continental Resources
Continental Resources, Inc is an independent crude oil and natural gas exploration and production company with properties in the North, South and East regions of the United States. The North region consists of properties north of Kansas and west of the Mississippi River and includes North Dakota Bakken, Montana Bakken and the Red River units.
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Pacific Union College
612 reviews
- Angwin, CA
- 4 Year
Overall Niche Grade
- AcademicsB+
- ValueA-
- DiversityA
- CampusB+
- AthleticsC
- Party SceneC
- ProfessorsB
- LocationC-
- DormsA-
- Campus FoodA-
- Student LifeA-
- SafetyA-
Pacific Union College is ...
Private not-for-profit, Adventist
Athletic Division
NAIA Division II
Athletic Conference
California Pacific Conference
Pacific Union College Rankings
Niche rankings are based on rigorous analysis of key statistics from the U.S. Department of Education and millions of reviews.
Acceptance Rate
SAT Range
ACT Range
Net Price
$22,738/ year
Average cost after financial aid for students receiving grant or scholarship aid, as reported by the college.
Based on faculty accomplishments, salary, student reviews, and additional factors.
Student Faculty Ratio
Evening Degree Programs
- 90%
- of students agree that professors put a lot of effort into teaching their classes.30 responses
- 87%
- of students agree that it is easy to get the classes they want.30 responses
- 70%
- of students agree that the workload is easy to manage.30 responses
Most Popular Majors
- Nursing126Graduates
- Foods, Nutrition, and Wellness Studies48Graduates
- Business32Graduates
- Communications17Graduates
- Biology15Graduates
- Emergency Medical Technician (EMT Paramedic)12Graduates
- Recreation & Fitness12Graduates
- Biochemistry and Molecular Biology11Graduates
- Music History and Literature11Graduates
- Theological and Ministerial Studies11Graduates
Full-Time Enrollment
Undergrads Over 25
Pell Grant
Varsity Athletes
What one word or phrase best describes the typical student at this school?
Based on 17 responsesReport
Campus Life
Freshmen Live On-Campus
- 95%
- of students say they don't have Greek life.43 responses
- 56%
- of students say varsity sporting events are attended, but not a huge part of campus life.68 responses
What one word or phrase best describes your school?
Based on 17 responsesReport
After Pacific Union College
- 83%
- of students feel confident they will find a job in their field after graduation.23 responses
612 reviews
- Excellent160
- Very Good224
- Average174
- Poor28
- Terrible26
They treat you like a child: curfews... 11 o clock check ins every night, it's ridiculous. And when I say check ins, I mean the RAs open your door with their annoying master key, and look in your room to make sure you're there, so they can sign you into their attendance system app thing. And if you're not, THEY COME BACK - at 3am! - with a flashlight. Also you get pinks (referalls) when you break curfew. No staying out all night until you're over 21, no boys in girls dorms, no girls in boys dorms except in the lobbies (and the opposite sex gets kicked out at 12).
- College Junior
- Apr 30 2015
Pacific Union College is a great school. What makes it so terrific is the sense of community. As a Seventh Day Adventist, I've found a place where I belong. I have met people, students as well as faculty, that will be friends for life. This community approach is translated in the academic realm as well. Classes are small, open, and I do not find it difficult to ask questions or express opinions. The course load is challenging but well worth it. I would recommend PUC to anyone preparing to attend college.
- College Sophomore
- 12 months ago
The meal plan is super expensive, for not that great quality of food. Sometimes, the meals they make are super off and weird. Most of the time, meals are okay. I would suggest, lower the cost and find new recipes that people like! I really liked it when they served smoothies.
- College Freshman
- Apr 6 2015


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Sci fi/Fantasy image bySamantha James
I did'nt really know what to call her. She isn't quiet dragon nor is she dinosaur and nor is she human in form. But, she does have a bit of all in her. Done in pencile. Finished in 2002.
Published More than a year ago
Category Fantasy
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Hugo Troll Race Part 5 tips
- App name: Hugo Troll Race
- Developer: Hugo Games
- Genre: Racing
- Release: Jul 10, 2012
Let's play Hugo Troll Race on iOS. In this part of the walkthrough, you will learn more tips and tricks while playing the Hugo Troll Race game on the iPhone.
Part 5 Walkthrough
This page contains Hugo Troll Race video walkthroughs for iOS (iPhone/iPad) called "lets play [hd/de] part 5" and has been uploaded on TheOdracirZone official channel at Jun 10, 2013.
Still need help with this level? Here you can ask questions and discuss with other Hugo Troll Race users.
Hit like if this helped you!
Stuck on some levels in Hugo Troll Race? This walkthrough can help you finish the game.


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UNIT 16.6 Expression and Purification of Maltose-Binding Protein Fusions
Published Online: 1 MAY 2001
DOI: 10.1002/0471142727.mb1606s28
Copyright © 2003 by John Wiley and Sons, Inc.
Lab Protocol Title
Current Protocols in Molecular Biology
Additional Information
How to Cite
Riggs, P. 2001. Expression and Purification of Maltose-Binding Protein Fusions. Current Protocols in Molecular Biology. 28:I:16.6:16.6.1–16.6.14.
Publication History
- Published Online: 1 MAY 2001
- Published Print: OCT 1994
- Abstract
- Article
- Figures
- References
This unit describes the procedure for subcloning the sequence encoding the protein of interest into an maltose-binding protein (MBP) vector, and expressing and purifying the fusion protein from the cytoplasm. MBP vectors include a sequence that encodes the four-amino-acid recognition site for the specific protease factor Xa. The site is placed so it can be used to separate the protein of interest from MBP after affinity purification. A support protocol provides a pilot experiment for analyzing the solubility, affinity for the amylose resin, and export of a particular fusion protein. An alternate protocol gives instructions for purifying a fusion protein from the periplasm for fusions that are made in the signal sequence vector and are exported. Additional support protocols detail two different chromatographic methods for separating the protein of interest from MBP after factor Xa cleavage.


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Enel to test markets with $5bn bond sale
Italian energy company Enel is preparing to sell close to $5bn (â¬3.6bn) worth of bonds by the end of this week to become the latest European company since AstraZeneca to test the depth of investor appetite for corporate debt amid still-turbulent markets.
AstraZeneca, the Anglo-Swedish pharmaceutical group, returned to the primary new issue market for the second time in a week yesterday when it sold €750m of 8-year bonds.
The sale, on which investor demand was three times higher than supply, came six days after the company sold close to $7bn of bonds proving certain companies can still secure billion-dollar financings despite broad credit market turmoil.
Lead managers Deutsche Bank, Citi, Credit Suisse and JP Morgan gave investors price guidance today on Enel's 5-year, 10-year and 30-year bonds today and are expected to complete the sale by tomorrow at the latest.
Enel last accessed the primary new issue market in mid-June when it had to navigate rising volatility to sell €5bn of bonds. It was the largest sale from the European corporate sector since Spanish telecoms group Telefónica sold a €5.8bn of bonds last year.
Bond bankers in London said the tight pricing and estimated €2.5bn order-book for AstraZeneca's bond sale on Wednesday highlighted that there is strong underlying demand for corporate debt.
Citi, Deutsche Bank, HSBC, Goldman Sachs and JP Morgan priced AstraZeneca's €750m of bonds to give a spread of 70 basis points over the mid-swap rate, which was the lowest end of the price guidance.
The bond sales come in a week when credit markets have suffered from a renewed bout of nervousness among investors who have been waiting to see whether up to $100bn of short term commercial paper is successfully rolled-over or resold over the next couple of days.
The short-term debt markets have suffered their worst liquidity crisis in over 10 years during the last few months as fears grow over the true extent of the fallout from the sub-prime mortgage crisis in the US.


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Click any word in a definition or example to find the entry for that word
90% of the time, speakers of English use just 7,500 words in speech and writing. These words appear in red, and are graded with stars. One-star words are frequent, two-star words are more frequent, and three-star words are the most frequent.
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|present tense
|take out
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|taken out
They've taken out a huge advertisement in the national press.
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