text:
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text:
I'm 24... and I am HUGE on fashion. I am currently trying to change up my fashion style, and this also includes footwear. I am doing a poll based on 3 different categories of footwear.
1st category: Sneakers:
2nd category: High-ops
3rd category: Boots
- Sneakers71% (5)50% (1)67% (6)Vote
- High-Tops0% (0)0% (0)0% (0)Vote
- Boots29% (2)50% (1)33% (3)Vote

subset: commoncrawl


text:
Fanon:Liberation of Guilin
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|By DragonGirl028
|Part of the The Rise of Avatar Singi continuity.
|"The Avatar is attempting to escape with our prisoner! Use everything in your power to make sure they never step out of this prison!"
|— Gaza to his troops upon finding out that Singi has infiltrated his prison to free Guilin.
The liberation of Guilin was an event during the War of Spirituality. It took place at Gaza's temporary encampment in the southeastern Fire Islands, which was infiltrated by Avatar Singi and Jamyang in order to liberate Guilin, who was arrested by Gaza for espionage.
Upon the siege of Gai Chan in Spring 9,742 BG, the proto-Earth Kingdom declared war on the Fire Islands warlords Maku and Gaza, ultimately joining in on the War of Spirituality. Even before the catalyst event, Guilin admired Singi for her determination to put an end to the war, which eventually inspired him to take action himself against the antagonists. Unfortunately, some of the proto-Earth Kingdom's tactics involved espionage, which was frowned upon by Singi, Jamyang, and the proto-Water Tribe. Guilin was no exception to this, and after setting out to sea, he eventually arrived at a Fire Islands encampment in the southeastern Fire Islands and attempted to sneak in one night to gather information. Not long after his attempted infiltration, Gaza and some of his men, who had temporarily returned to the Islands to formulate further war plans, captured him.
Rescue operation
After being alerted and led to the encampment that night by Qiú, Singi effortlessly made her way inside the prison that Guilin was being held. Upon locating Guilin in his metal cell, Singi attempted to slice an opening with waterbending, despite the long amount of time the task was taking. Guilin encouraged her to use earthbending instead, seeing as how the floor of prison sans the cells were of earth, but Singi rejected, stating that the noise of her earthbending against the bars would attract the wrong kind of attention.
After more time passed, a guard on patrol spotted the Avatar and alerted others, including Gaza. In desperation, Singi began to earthbend a large rock against the bars, attempting to bash the bars open, but with little success. As Gaza and multiple guards began to close in, Singi entered the Avatar State and heated the rock she had been using to the point where it became lava, and after bending it into a disc, sliced the bars open with lavabending. Guilin scurried out of his cell as Singi used lavabending to create a divide between her and Gaza and his troops before bending over and exiting the Avatar State, exhausted.
With the guards and Gaza drawn back by Singi's use of the specialized sub-skill, Guilin began earthbending at their opponents as Singi composed herself. Upon regaining her energy, Singi airbent a cloud and grabbed Guilin, mounting them both on the cloud, and they began to take off to flee the encampment. The task was met with difficulty, however, as Gaza and his men began firebending and shooting arrows at the duo from multiple directions. As Singi continued to maneuver them above the prison dodging the barrage of attacks, Guilin clutched onto Singi and went into a panic attack, horrified at being so high up in the air on nothing more than a delicate cloud, thus revealing his aviophobia. Distracted by Guilin's behavior, Singi fails to avoid a blast of fire, which disintegrates her cloud and sends the duo falling, landing back into the yard. The two got back onto their feet and Singi once again grabbed onto Guilin before producing an air bullet, ramming into many of the guards and Gaza before vertically scaling up one of the walls of the prison and past the main watch tower before removing the air shield of the air bullet and flipping around, positioning themselves high above the yard and facing towards the main entrance of the prison. Before they can once again reach freedom, Gaza shot them down with firebending.
Singi was able to cushion their decent with airbending this time, and the following sequence played out with incredible skill fit enough to be reviewed in slow motion: As soon as Guilin's feet touched the ground, he bent a large boulder, while Singi, who was mere inches above him, bent yet another cloud. Once the cloud was formed, Guilin grabbed onto Singi's hand and hoisted himself onto the cloud just before Singi airbent Gaza against the main watch tower, followed by Guilin vengefully sending the boulder to Gaza. Despite Gaza quickly firebending towards the boulder to cushion its impact, the large mound of earth slammed against him before breaking apart, followed by him falling onto the floor in a heap, barely conscious, but against all odds, alive. He can only get himself onto his hands and knees, gritting his teeth and glaring angrily at the duo as Singi rocketed herself and Guilin up before doing a backflip and disintegrating the cloud as Jamyang, accompanied by Jiefeng and Qiú, arrived with his air bison and the two landed on the creature's back before finally fleeing the scene for good.
Singi and the gang flew back to the Sun Warriors' ancient city so that Singi could resume her firebending training alongside Ra Sho, with Guilin accompanying the Avatar and her friends for the remainder of the war. Gaza spent many months recuperating at his encampment, much to his and Maku's dislike at the heavy damage the event caused [to Gaza]. Gaza would spend his months of recuperation bedridden, but regardless, continued planning further attacks by his and Maku's troops, keeping in constant contact with his partner via messenger hawk. Following this event, Gaza would harbor a growing feud and strong disdain towards Guilin in particular.
- Singi entering the Avatar State during this conflict was reflexive, as it was due to fear and desperation of Gaza and his troops closing in on her and Guilin.
See more
For the collective works of the author, go here.


text:
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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September 16, 1959
AQUINOv.BULLETIN COMPANY, APPELLANT.
Appeals, Nos. 331 and 332, Oct. T., 1958, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1951, No. 6270, in case of Michael Aquino et al. v. The Bulletin Company. Judgment affirmed.
Robert F. Irwin, Jr., with him Henry M. Irwin, and Irwin and Kevlin, for appellant.
Stephen M. Feldman, with him Joseph G. Feldman, and Feldman & Feldman, for appellees.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 530]
This appeal involves the right of privacy. Michael Aquino, his wife, Nancy, and his daughter, Theresa Allizzo, brought an action in trespass against The Bulletin Company claiming an unwarranted invasion of their right of privacy by an article published December 3, 1950 in The American Weekly, a supplement to The Sunday Bulletin, a Philadelphia newspaper. The jury found for the defendant in the case of Theresa Allizzo, and for the plaintiffs, Michael and Nancy Aquino, in the sum of $5000 each in their cases. The
[ 190 Pa. Super. Page 531]
defendant moved for judgment n.o.v. and for a new trial. The motions having been overruled, and judgment having been entered on the verdicts, the defendant appealed to this Court.
The capacity for growth which characterizes the common law has enabled the courts to afford protection against the unwarranted invasion of the right of privacy without the interposition of the legislature, even though legal action for that right was unknown to the early common law. Hull v. Curtis Publishing Co., 182 Pa. Superior Ct. 86, 125 A.2d 644 (1956); Warren & Brandeis, 4 Harvard Law Review 193 (December 15, 1890).
The unwarranted invasion of the right of privacy is actionable in Pennsylvania: Hull v. Curtis Publishing Co., supra; Waring v. WDAS Broadcasting Station Inc., 327 Pa. 433, 194 A. 631 (1937); Schnabel v. Meredith, 378 Pa. 609, 107 A.2d 860 (1954); Mack Appeal, 386 Pa. 251, 126 A.2d 679 (1956); Bennett v. Norban, 396 Pa. 94, 151 A.2d 476 (1959); Leverton v. Curtis Publishing Co., 192 F.2d 974 (1951); Jenkins v. Dell Publishing Co., 251 F.2d 447 (1958); Harlow v. Buno Co. Inc., 36 Pa.D. & C. 101 (1939); Clayman v. Bernstein, 38 Pa.D. & C. 543 (1940); Lisowski v. Jaskiewicz, 76 Pa.D. & C. 79 (1951); Christie v. Greenleaf, 78 Pa.D. & C. 191 (1951).
In Pennsylvania we have only begun to draw the lines bounding the right. As the courts are pioneering in this field, it is important to examine carefully the principles and to apply them in a manner that will further and not hinder the cause of human freedom. Without well defined limitations the right of privacy might dangerously encroach upon freedom of speech and freedom of the press. Legal actions for invasion of the right of privacy must not be a vehicle for the establishment of a judicial censorship of the press. The courts
[ 190 Pa. Super. Page 532]
are not concerned with establishing canons of good taste for the press or the public. See Leverton v. Curtis Publishing Co., supra, 77 C.J.S. Right of Privacy § 4a.
Although not clearly defined, the right of privacy has been referred to as "the right to live one's life in seclusion, without being subject to unwarranted and undesired publicity ... the right to be let alone." Hull v. Curtis Publishing Co., 182 Pa. Superior Ct. 86, 90, 125 A.2d 644 (1956); Kerby v. Hal Roach Studios, Inc., 53 Cal.App.2d 207, 127 P.2d 577, 579 (1942). It has also been defined as the right of a person to be free from unwarranted publicity or unwarranted approbation or exploitation of one's personality; the publicizing of one's private affairs with which the public has no legitimate concern, or the wrongful intrusion of one's private activities in such manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities. Smith v. Doss, 251 Ala. 250, 37 So.2d 118, 120, 121 (1948); Banks v. Kings Features Syndicate, 30 F.Supp. 352 (1939).
One of the best, and probably the most thoroughly considered, explanation of the principle can be found in the discussion of the rule in the Restatement of the Law of Torts, Vol. 4, § 867. The rule is there stated as follows: "A person who unreasonably and seriously interferes with another's interest in not having his affairs known to others or his likeness exhibited to the public is liable to the other."
In the Restatement it is said that the rule is relative to the customs of the time and place, and to the habits and occupation of the plaintiff. One who is not a recluse must expect comment upon his conduct. Likewise, if he submits himself or his work for public approval, as does a candidate for public office, a public official, an actor, an author, or a stunt aviator, he must necessarily pay the price of even unwelcome publicity
[ 190 Pa. Super. Page 533]
through reports upon his private life and photographic reproductions of himself and his family, unless these are defamatory or exceed the bounds of fair comment. One who unwillingly comes into the public eye as in the case of a criminal,*fn1 and even one unjustly charged with crime or the subject of a striking catastrophe, is subject to the limitations on his right to be let alone. Both groups of persons are the objects of legitimate public interest during a period of time after their conduct or misfortune has brought them to the public attention. Publishers are privileged "to satisfy the curiosity of the public as to their leaders, heroes, villains and victims."
The rule does not depend for its validity upon a breach of confidence, nor upon the untruth of the statements. The liability exists only if the defendant's conduct was such that he should have realized that it would be offensive to persons of ordinary sensibilities. It is only where the intrusion has gone beyond the limits of decency that liability accrues. These limits are exceeded where intimate details of the life of one who has never manifested a desire to have publicity are exposed to the public. On the other hand, there is no invasion of a right of privacy in the description of the ordinary goings and comings of a person, or of weddings, even though intended to be entirely private, or of other publications to which people do not ordinarily seriously object. The fact that the plaintiff suffered
[ 190 Pa. Super. Page 534]
neither pecuniary loss nor physical harm is unimportant. The damages whether nominal, compensatory or punitive can be awarded in the same way in which general damages are given for defamation. Restatement of the Law of Torts Vol. 4, § 867.
With these explanations of the right in mind let us examine the facts of this case which, as is usual in cases of unwarranted invasion of the right of privacy, are not in serious dispute.
The plaintiff, Theresa, daughter of the appellees, secretly married John N. Masciocchi on August 19, 1949, before a Justice of the Peace. John promised to provide a home for her later and to marry her in a church. They each returned to their parents' homes after the ceremony, and the marriage was never consummated. Theresa's parents learned about the marriage the next day. Later when Theresa pressed her husband to carry out his promises, he told her that he did not intend to keep them, and that he married her only to spite her parents who had been opposed to his courting her. The appellees upon hearing about this employed an attorney who filed an action in divorce for Theresa against her husband. As is customary, the Philadelphia newspapers carried a report of the filing of the divorce action. The defendant did not contest the divorce but after testimony was taken by the master a legal question relating to annulment and fraud arose upon which President Judge SMITH of the Court of Common Pleas No. 5 in Philadelphia wrote an opinion dated June 29, 1950, and published in the advance sheets of the District and County Reports about November 17, 1950 (72 Pa.D. & C. 257). The newspapers also reported the granting of the decree. Even with all this publicity, Theresa and her parents succeeded in keeping her marriage and divorce secret from their friends and relatives.
[ 190 Pa. Super. Page 535]
In Philadelphia, the institution of divorce actions, the granting of divorce decrees, and, of course, the courts' opinions are public records, but the masters' reports and the other divorce records are not open to public inspection.
Theresa's marriage and her divorce were newsworthy events. Newspapers had a right to publish such information. They also had a right to quote from or republish the opinion filed by the court. Publishing these events which were included in public records does not constitute an unwarranted invasion of the right of privacy of the parties involved, or as a general rule, of other persons named in the records, providing the facts have not ceased to be newsworthy through lapse of time. Smith v. Doss, 37 S.2d 118 (Ala. 1948); Metter v. Los Angeles Examiner, 95 P.2d 491 (Cal. 1939).As the article was published only 18 days after the court opinion, the news was current.
This case was provoked by the article telling about Theresa's marriage and divorce which was published in The Sunday Bulletin of which 695,423 copies were distributed. The reporting of these facts alone would not have been an unwarranted invasion of Theresa's right of privacy, but the jury having found against her, and no appeal having been taken from the trial court's overruling of her motion for a new trial, the question of her action is not now before us.
Her parents, the appellees here, argue that their names were not mentioned in the public court records, and as a result The Bulletin Company had no right to refer to them by name in its story about their daughter's marriage and divorce.
The opinion in the divorce case did refer to "Theresa's parents", but did not mention their names and address. To prevent the press from filling in this detail when reporting a public record would constitute
[ 190 Pa. Super. Page 536]
an unwarranted interference with the right of the press to disseminate the news. It would be an interference with freedom of the press. The use of the parents' names and address in reporting the court opinion and the facts contained in it was not an unwarranted invasion of the parents' right of privacy. The parents were not public figures, and do not come within the class of those people who submit themselves or their work for public approval, but they do come within the class of those who through a court action became, however unwillingly, objects of public interest, and during a reasonable period of time after their misfortune has brought them into a newsworthy event the newspapers are privileged to report that event and their connection with it.
The facts contained in the Bulletin article were substantially correct and most of them could have been published as a newsworthy event without constituting an unwarranted invasion of the right of privacy of either Theresa or her parents. There is no unwarranted invasion of a right of privacy in the description of a wedding even though it is intended to be entirely private. Restatement of the Law of Torts § 867(d). Neither can there be an unwarranted invasion of the right of privacy by reporting, within a reasonable time, the issuance of a marriage license, the official recording of the marriage, the filing of a divorce action, or the granting of a divorce decree, regardless of how anxious the parties involved may be to keep the information from the public. These are newsworthy events of public or general interest which the press is privileged to report as news. See Warren & Brandeis, 4 Harvard Law Review 193; 77 C.J.S. Right of Privacy § 2 and cases there cited; 138 A.L.R. 49 and cases there cited.
But the article in The Sunday Bulletin was in the nature of a story and not a news article. It was in a
[ 190 Pa. Super. Page 537]
Sunday supplement and not in the news section; it was not written in the style of a news article; it was bedecked with an "illustrated" drawing covering over half of the page; although the basic facts of the article were admittedly true, the author embellished and fictionized them; the title of the article was written across the illustration and was entitled "Marriage for Spite."
The article loses much of its impact without the illustration, which was a drawing of a girl standing in front of a theatre her arms around a man who had a hat on the back of his head, a drooping cigarette in his mouth, a hand and a newspaper in his jacket pocket and his eyes to the ground away from the girl. The figures pictured bore no resemblance to Theresa and John whom they illustrated. Appearing under the illustration was "Since John was Barred From Her Home, Theresa Met Him Secretly on a Street Corner."
Only by reading the article can one appreciate how the author permitted his imagination to roam through the facts, and how newsworthy events were presented in a style used almost exclusively by writers of fiction. We, therefore, print it in full.*fn2
[ 190 Pa. Super. Page 538]
As stated earlier, the article was written around a newsworthy event which ordinarily would fall within
[ 190 Pa. Super. Page 539]
the scope of proper immunity pertaining to the publication of current news. Can an article using a privileged
[ 190 Pa. Super. Page 540]
newsworthy event as a basis, be so presented that it will constitute an unwarranted invasion of the right of privacy of a person involved in such event?
In other words, is the Bulletin article, read as a whole, together with the pictorial representation, such a sensational version of facts embellished with matter drawn from the author's imagination that it is beyond the scope of proper immunity pertaining to the publication of news? We cannot say as a matter of law that the article was an unwarranted invasion of the appellees' right of privacy, but neither can we say as a matter of law that it was not. It was for the jury to determine, under proper instruction from the court, whether the article was a report of past or current events of public interest or whether its purpose was not the reporting of news but to amuse and astonish the reading public. Sutton v. Hearst Corporation, 98 N.Y.S.2d 233, 234, 235, 277 App.Div. 155 (1950). The facts in the Sutton case were similar to this case in that the article was fundamentally true and based on public records. The court there said: "It is for the triers of the facts to determine whether the article and its surrounding illustrations were limited to reporting fairly past or current events, whether it is educational or informative, or whether the primary purpose, as the complaint alleges, was to amuse and astonish the reading public, not for the legitimate purpose of disseminating news, but for 'purposes of trade'; ...
"The learned Special Term held that the article read as a whole, together with the headings and the pictorial representations that accompany it, constitute a sensationalized version of facts embellished with matters drawn from the author's imagination, and may well be found by the triers of the facts to go far beyond the scope of proper immunity pertaining to the publication of current or past news."
[ 190 Pa. Super. Page 541]
We recognize that in Jenkins v. Dell Publishing Co., supra, 251 F.2d 447, 451 (1958) the Court of Appeals of this Circuit held under Pennsylvania law that "once the character of an item as news is established, it is neither feasible nor desirable for a court to make a distinction between news for information and news for entertainment in determining the extent to which publication is privileged." This case, however, dealt with the publication of a picture and not a story fictionized as here.
In the case before us we think it was for the jury to determine whether the intrusion went beyond the limits of decency and whether the defendant should have known that the plaintiffs would be justified in feeling seriously hurt by the article. 4 Restatement of the Law of Torts § 867.
The trial judge did exceptionally well in steering this case through the sparsely chartered waters of the right of privacy. After carefully and properly defining the elements and limitations of the right of privacy, Judge WATERS submitted to the jury the question of whether or not the public had a legitimate concern in the news and the way it was published. He submitted to the jury the question of whether the story was unwarranted and whether it exceeded the bounds of decency.
He further stated "... a bare recital of the facts would be no unwarranted invasion of the right of privacy where the recital relates to matters of public interest. However, it is possible for a writer or an illustrator to so color or slant his work, even though it relates to a matter of common and public interest, as to picture the persons who are the subjects of his work in a derogatory or humiliating or embarrassing light. A bald recitation of facts already known or readily available to the public gives no right of action. Liability
[ 190 Pa. Super. Page 542]
in this, I have told you before and repeat in connection with this point for charge, exists only if the published account or the illustration accompanying it is such that the publisher should realize that it would be offensive to persons of ordinary sensibility, that it goes beyond, in other words, the limits of decency."
The jury having found for the plaintiff, under proper instructions from the Court, we are required to read the record in the light most favorable to the verdict winner, Brown v. Shirk's Motor Express, 393 Pa. 367, 143 A.2d 374 (1958) and should enter judgment n.o.v. only if reasonable minds cannot differ as to validity of the defendant's position. Jordan v. Kennedy, 180 Pa. Superior Ct. 593, 596, 119 A.2d 679 (1956); Reidinger v. Lewis Jones Inc., 353 Pa. 298, 45 A.2d 3 (1946).
We realize that it is extremely difficult to develop a precise and comprehensive rule which can be applied to a case where liability is based upon the manner in which an event is presented, and not upon publication of the event itself. The publication of a newsworthy event should always be privileged, unless its presentation is such that the intrusion upon the lives of the parties named in it clearly goes beyond the limits of decency. That these limits cannot be precisely defined, however, is no justification for reversing the jury's findings in a case like this one.
The evidence establishes that the plaintiffs' annoyance came almost entirely from the revelation of the fact, not theretofore known to their friends and relatives, that Theresa had been married and divorced. Revealing these newsworthy events was of itself not an unwarranted invasion of the right of privacy, and thus the mental disturbance coming from the revelation of the newsworthy events could not be a legal basis for damages in this case. Furthermore, the illustration,
[ 190 Pa. Super. Page 543]
which seems to be the most offensive part of the publication, was not an illustration of either of the appellants. The action is a personal action and the defendant is not liable to the appellees for what it related about Theresa, but only for what it related about them. The appellant suggested in its brief that the amount of the verdict was excessive, but as its counsel announced during the argument that he was not pressing for a reduction of the verdict, we have not considered this point.
There is no merit in the appellant's motion for a new trial.
Judgment affirmed.
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text: Our first visit was for lunch. As an after thought, I had the fish and chips, since we were on the water. It was OK, but I am guessing there are better choices nearby. Having said that, we went for breakfast, and it was really good, great view, great service.


text:
Details of this Paper
Are there any hidden assumptions or price rigidities in the country or countries that might inhibit
Are there any hidden assumptions or price rigidities in the country or countries that might inhibit market force indicators from revealing the true economic health of the country, thereby either preventing government policy actions from correcting the problems or otherwise making them ineffective and counterproductive?;What is the current domestic and international economic situation of each country relative to the benchmark performance measures for that country?;Is the country currently following appropriate economic policies from a domestic as well as an international perspective? Provide supporting justification for your answer.;When the tools of country risk analysis are applied to the different countries being analyzed, which country is more likely to have what kind of crisis and why?;If you recommend that Tower Associates proceed with a transaction in one of the selected countries, which strategy would you suggest they follow: a foreign exchange hedging strategy or a country risk crisis management strategy? Explain and justify your recommendation.;What are some of the steps that Tower Associates can take to help mitigate and manage some of the risk involved if they proceed with the transaction, such as: foreign exchange risk, sovereign risks, liquidity risks, market risks, insolvency, and credit risks.
Paper#29200 | Written in 18-Jul-2015Price : $37


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|"To them, every outcome is a degree of victory. That is why they think they will win. We'll prove them wrong."
|- Janus about the Illuminati[1]
Janus is a mysterious individual opposing the Illuminati, and the leader of the Juggernaut Collective.[2] Janus' true identity is unknown, even to fellow members of the Collective.
Janus has been fighting the Illuminati for many years. When asked their reasons behind doing so, Janus claims that the Illuminati killed someone who was important to them.[3] They use their impressive hacking skills to help the Juggernaut Collective uncover information about the cabal.
Janus goes to great lengths to ensure that their identity remains a secret. When contacting people directly, they use voice scrambling software that makes it impossible to distinguish their gender or nationality. In addition, a "ghostly" image of a human face superposed with static appears on a screen when they talk. Alternatively, Janus represents themselves with a human face whose features constantly change.[4] Due to the emotionless nature of the computerized voice, it is difficult to discern Janus' emotions or to tell whether or not they are telling the truth. This makes certain people who Janus contacts reluctant to trust them initially. However, Janus claims that if they reveal their identity, it would put not only their own life, but the lives of the other Juggernaut's, in danger.[3]
Janus has the ability to hack many objects and databases. For example, when recruiting Ben Saxon, Janus remotely hacks an advertisement blimp to display the words "What master do you serve?" as well as a phone number to contact them. At a later stage, Janus hacks an autonomous trawler submarine which then safely transports Saxon to Baltimore, USA. Somehow, Janus has gained access to the psychological profiles of Jaron Namir and Ben Saxon who, as members of the Tyrants, presumably have highly classified files. In addition, they claim to know "all about" other Tyrant members such as Scott Hardesty and Yelena Fedorova implying that they have accessed information on them also. Janus manages to track down the location of Anna Kelso when she has been captured by the Tyrants using only the code-name Icarus. Icarus turns out to be the name of an Illuminati-owned yacht, who Janus flags with an Interpol stop-and-search warrant.[3]
Work with the Juggernaut CollectiveEdit
Janus wants to learn about and expose the Killing Floor, which the Illuminati use to give orders to the Tyrants. First Janus attempts to get this information from Mikhail Kontarsky. Kontarsky has only begun to upload the data when he is assassinated by a member of the Tyrants. Janus then resorts to requesting the help of Ben Saxon. As a Tyrant, Saxon has direct access to the computer terminal on board the Tyrant Jetliner that can access the Killing Floor. The information Saxon acquires allows Janus and the Collective to hack into the Killing Floor and extract information on one of the Tyrants' missions. The group decide to intercept the Tyrants and prevent this mission from going ahead. Ben Saxon as well as Anna Kelso (who Janus has informed about the Illuminati's existence and the scope of their influence) agree to assist. The usefulness of the information obtained from the Killing Floor is compromised when a member of the Juggernaut Collective betrays the group and informs the Tyrants of their plans. Janus does not get physically involved in the Collectives mission in order to preserve their anonymity. They are thus safe from the Tyrants' ambush that leaves many of the Juggernaut's dead.[3]
In 2027, Janus is in contact with Garvin Quinn, who is stationed at the Rifleman Bank Station. Once Quinn has safely escorted Adam Jensen from Rifleman Bank, he contacts Janus. Quinn thinks Jensen could have been a useful ally and should have been recruited into the Juggernaut Collective. Janus dismisses the idea, stating that Jensen is too obsessed with finding Megan Reed at that point in time. However, Janus also states "(Adam) will find the truth in due time" and that they would find Adam if Quinn followed Janus' instructions exactly as specified.[5]
By 2029, Janus and the Collective have begun to investigate Task Force 29 who they suspect to be a front for the Illuminati. They sneak an ally, Adam Jensen, into its ranks in order to uncover the truth.[2] Alex Vega who was introduced to the group by Ben Saxon, acts as a go-between for Janus and Jensen.[6] Janus creates a "whisper chip" which can be used to tap the secure network used by Task Force 29's directors. Janus instructs Jensen to connect it directly to the Neural SubNet's motherboard so that the Collective can eavesdrop on their communications.[2]
Notes Edit
- In early September 2016, the online preview of Prima Games' guide for Deus Ex: Mankind Divided displayed a concept art of Volkard Rand for the entry for "Janus," in a section of the guide containing descriptions for various characters in the game.[7] The concept art of Rand was later removed from the website by Prima Games, leaving the "Janus" entry without an image.
- In Roman mythology, Janus, who possesses two faces, is the god of beginnings, transitions, doorways, endings, and time.
- Janus's avatar and voice resembles Daedalus.


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Hotel Ave Maria
No prices found through our partners. Please contact the business directly or check some of our recommended alternatives.
- Continental Breakfast
- Free High-Speed Internet
- Room service
- Swimming pool
- Restaurant
- Business Services
Photos of Hotel Ave Maria
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- Restaurant
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TripAdvisor Reviews Hotel Ave Maria Kinshasa
Travel Blogs from Kinshasa
Meetings in the garden
... fund such request, but leave a part that the person himself must pay. That helps keep everyone focused.
It's sad to say, but I could tell many stories of members coming with stories such as this, where I gave them some assistance, and then learned they had spent the money on something else. About 10 years ago, I gave a man enough money to have a hernia repaired. It was causing him great discomfort, he told me. The next time I visited the area, the ...
To the Congo
... into the departure area, and stood in line at the ASky counter where there weren't many people waiting. When my turn came there were some complications. There was no problem for the initial flight to Lom�, which is the hub for ASky (which code-shares with Ethiopian Airlines), but for the connecting flight back east to Kinshasa, the agent couldn't find the ticket number associated with the flight in his screen. He sent someone to the main airport office to get ...
Visits around Kinshasa
... Once we got to the airport, it was about 11:00 PM. We expected to get dropped off at the departures area, but the security personnel wanted to charge us for driving the last 100 yards. We weren't paying. So, we hopped out, grabbed our bags, and walked it ourselves. I immediately found it strange that there were no crowds anywhere. I still went through the motions of going through security, getting the exit pass (called the Go Pass), going through security again, and ...
A day of rest in Kinshasa
... are worth very little and making a few pennies a loaf. It's a hard way to earn one's daily bread, selling one's daily bread.
We arrived at the hall on the little side-street covered with black sand. The sand is not naturally black; it has become so from the pollution and garbage that are ubiquitous on these streets. We passed through the compound gate and moved into the hall where about 50 people were seated waiting. We were already sweating ...
The night is far spent, the day is at hand
... included it in the price of the ticket like other countries have done for ages.
The airport terminals in Douala are in the shape of a giant U. From immigration, we arrive at the bottom of the U and come to a sign with an arrow pointing to the right, that says "Camair-Co flights." We follow the sign and make the long walk out to the end of the U, about 300 yards away. There is no air-con here, we sweat through our shirts. Toward the end of the U, ...


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discount golf
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The Scotty Cameron Select Newport 2 brings together left-brain logic with right-brain creativity for an outstandingly engineered putter. Every gram of stainless steel is precision milled and hand-finished to give you the ultimate putting experience. Modern, industrial and mechanical, but rooted in the fundamentals; the Newport 2 is Scotty's flagship design with crisper lines and a single shaft of offset to present you the perfect alignment guidance for a confident stroke. Balance and aim come together with ideal weighting and crisp lines that enable you and putter to become one.
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I'm off to Pittsburgh tomorrow!
Posted by
Kathy G
on 7/22/04 at 09:27 (156048)
We are leaving for my nephew's wedding in Pittsburgh tomorrow. We arrive in Pittsburgh around 5 and the wedding is the next evening at 5:30. We fly out on Sunday morning so it's a pretty brief visit.
I can't say that I know a whole lot about Pittsburgh except from my football knowledge and of course, the steel industry in general. You know, to a football fan, it means the Steel Curtain, Mean Joe Green, Lynn Swan, the sometimes annoying Terry Bradshaw. I also know it's hot and very humid. Of course, one of my favorite books was Valley of Decision, which took place in Pittsburgh, so I know about the steel industry from a romantic point of view. And I think Taylor Caldwells, Captains and the Kings, took place in Pittsburgh and I love that book. Actually, now that I mention it, I think I might like to read it again.
We're staying in a beautiful hotel called the Renaissance and it has a fascinating history. When they restored it in the eighties, they discovered it had been used as a military hospital during WWII and they found steel syringes (Ugh), and glass syringes behind some walls. It also has one of the earliest forms of manmade air conditioning, with a nine-story arched well that supposedly allowed cool air from the river to push the hot air up high and kept the lower levels cooler. All in all, a very interesting building.
We're looking forward to a good time! Talk to you all when we return!
Re: I'm off to Pittsburgh tomorrow!
on 7/22/04 at 12:02 (156054)
Kathy G -
I love Pittsburgh and visit there often. It's a wonderful city that has had a fabulous 'renaissance' itself. I bet you'll have a great time.
Watch out for all the hills if you're going to do much walking. I had a recent foot setback from lots of hill walking in Pittsburgh. But it's a great city.
Have you read 'When Smoke Ran Like Water'? Good read about that area/history/non-fiction.
Re: I'm off to Pittsburgh tomorrow!
on 7/22/04 at 13:32 (156063)
Hope you have a wonderful time, and return safely home.
Re: I'm off to Pittsburgh tomorrow!
Kathy G
on 7/22/04 at 14:07 (156065)
Thanks for the tip, Dorothy. They're telling me I can walk to the church from the hotel, to Heinz field, etc. Everything is within walking distance, they claim and taxis are unnecessary and expensive. If we walk anywhere, I'm going to wear my orthotics and running shoes. I have new Josef Seibels but I can't wear them for long before they absolutely kill my heels and cause a numb spot in my calf. Thus, I will carry my running shoes in a tote bag with me and change into them whenever necessary. After all, who's going to look at the aunt of the groom?
And if they do, they'll just think that's how NH hicks dress!
Re: I'm off to Pittsburgh tomorrow!
Richard, C.Ped
on 7/22/04 at 15:58 (156074)
I don't know if you will get to read this in time, but is your nephew's name Willie, by chance??
Re: I'm off to Pittsburgh tomorrow!
on 7/23/04 at 08:09 (156104)
Just the thought of getting married gives me the 'WILLIES'
Re: I'm off to Pittsburgh tomorrow!
Richard, C.Ped
on 7/23/04 at 09:13 (156108)
I love it and would not change anything for the world.
Re: I'm off to Pittsburgh tomorrow!
on 7/23/04 at 17:09 (156151)
I guess anybody that is happy with what they did in a war can be happy in a marriage
Re: I'm off to Pittsburgh tomorrow!
Richard, C.Ped
on 7/26/04 at 07:56 (156248)
What did I do in a war??


text:
Surfer on Acid Cocktail
Total Time
Prep 1 min
Cook 0 mins
This is another tasty cocktail from Australian Bartender magazine. I'm not even a real Malibu fan & I had a few of these last night after work & they were great :) To chill the glass add a scoop of ice & some water while you are preparing the drink, then discard when you've finished your shaking.
Ingredients Nutrition
- 30 ml Jagermeister
- 30 ml Malibu rum
- 30 ml pineapple juice
- In a cocktail shaker add a scoop of ice.
- The Jagermeister, Malibu & pineapple juice.
- Shake vigorously for 20 seconds.
- Strain into a small, chilled martini glass or any glass you choose (it's still yum either way!).
Most Helpful
This was a bit different, odd, I don`t know maybe out there is what I mean. I can`t find the words. I did like it and I will make again just because I need to figure the taste!!


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Motorola Dinara aka Atrix 3 Goes Through the FCC, Rushes Towards AT&T
Codenamed Dinara and also known as the Motorola Atrix 3, the handset shown in the sketch below just went through the FCC while preparing to reach AT&T. Last I heard, the Motorola Atrix 3 was leaked in what looked like a press pic online and it had an AT&T logo on, plus 3 capacitive buttons and no physical key.
Speculations say that this device is an Android 4.0 unit based on Snapdragon S4, a welcome choice for Motorola I'd say. Other rumors say that we're to expect a 720p display and an all touch interface borrowed from the recent launches in China done by Motorola. LTE should also be on board and if you wonder what this FCC revealing included, know that this model is codenamed MB886, has LTE bands for AT&T supported and uses the same model naming convention as the predecessors.
Its sheet includes HSPA+/WCDMA 850/1900 and quad band EDGE as well. Why go with Snapdragon S4? It's LTE friendly, has high performance and with a 720p display it will make a great device. I expect something in the range of $200 on contract for this model, with an AT&T commitment for 2 years. We'll see…


text:
Hotel Search
Change your travel Details
04.12.16 ➞ 05.12.16 (1 night)
Hotel TRAVELODGE THUNDER BAY ON
450 MEMORIAL AVENUE, P7B 3Y7 Thunder Bay
Total from 86.00EUR incl. VAT and all fees
Service & facilities
|Earliest check-in
|Latest check-out
No breakfast
Wifi not
Parking directly at the hotel
Service & facilities
Hotel facilities
- Hotel-owned car park
- Ice machine
- Restaurant(s)
- Outdoor swimming pool
Room facilities
In-house services
- Business center
Style of hotel and ambience
Year built - 1955 year remodeled - 2008, time zone - est
Hotel data
Total number of rooms 93, Trade fair/conference hotel
Service times
Earliest check-in:
Latest check-out:
Accepted payment methods
- Diners Club
- Visa
- Eurocard/MasterCard
- American Express
- Japan Credit Bureau (JCB Intl.)
Location and distance
450 MEMORIAL AVENUE, P7B 3Y7 Thunder Bay -
Location of the hotel
Downtown, Area Map, Pool, , Business/Community Services:, Restaurants & Lounges, Sports and Recreation:, Transportation:,
Surroundings of the hotel
- 8.45 km
Evaluations of TRAVELODGE THUNDER BAY ON
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more nearby hotels
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further travel destinations


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Economics Departments, Institutes and Research Centers in the World
Department of Management Studies
Maulana Azad National Institute of TechnologyLocation: Bhopal, India
Homepage: http://www.manit.ac.in/manitbhopal/index.php?option=com_content&view=article&id=175&Itemid=107
This link seems to be broken. We welcome a better address.
Phone: 0755-4051855
Postal: NEAR MATA MANDIR SQUARE BHOPAL -462051
Handle: RePEc:edi:dmaniin
This listing is provided to you by EDIRC at the Economic Research Department, Federal Reserve Bank of St. Louis.
Please send additions and corrections to Christian Zimmermann.


text:
ERIC Number: ED249578
Record Type: RIE
Publication Date: 1984-Jun
Pages: 7
Abstractor: N/A
Reference Count: 0
Strategies for Effective School Improvement Programs.
Clark, David
Any attempts to improve excellence and equity in our schools must be predicated on the self-confident assumption that our schools can make a critical difference in the lives of children and young adults. Four propositions are offered as to what we know about school improvement: (1) public schools, individual classrooms, and school systems can and do improve. The factors that facilitate improvement are not so exotic, unusual, or expensive that they are beyond the grasp of leaders in ordinary situations; (2) teachers will respond to administrative assistance and support in implementing school improvement programs; (3) an innovation is more likely to be adopted if it is perceived as having relative advantage, compatibility, simplicity, and legitimacy; and (4) specific resources (staff development and monetary support) are necessary for effective school improvement programs. Seven characteristics of effective organizations that are also characteristic of effective schools are identified: (1) commitment, (2) expectations, (3) action, (4) leadership, (5) focus, (6) climate, and (7) slack. (TE)
Descriptors: Change Strategies, Educational Improvement, Educational Innovation, Educational Quality, Elementary Secondary Education, Instructional Improvement, Organizational Climate, Organizational Effectiveness, Organizational Objectives, Program Effectiveness, Program Implementation, Teacher Administrator Relationship
Publication Type: Speeches/Meeting Papers; Reports - Descriptive
Education Level: N/A
Audience: Policymakers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: In Search of Excellence; Nation at Risk (A)
Note: In: "Making Our Schools More Effective: Proceedings of Three State Conferences." See EA 017 101.


text: Came here after completing my snowboarding training with the then named snowboarding school "Alliance". It was an amazing experience. the crowd there were super lively the food was huge, burgers as big as my head. super tasty a little expensive but that's probably due to the exchange rate from South Africa. coming back to Tignes this winter and will be... More


text:
Got a version of Excel that uses the menu interface (Excel 97, Excel 2000, Excel 2002, or Excel 2003)? This site is for you! If you use a later version of Excel, visit our ExcelTips site focusing on the ribbon interface.
With more than 50 non-fiction books and numerous magazine articles to his credit, Allen Wyatt is an internationally recognized author. He is president of Sharon Parq Associates, a computer and publishing services company.
Learn more about Allen...
ExcelTips FAQ
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Please Note: This article is written for users of the following Microsoft Excel versions: 97, 2000, 2002, and 2003. If you are using a later version (Excel 2007 or later), this tip may not work for you. For a version of this tip written specifically for later versions of Excel, click here: Getting Rid of Negative Zero Amounts.
When you are creating a worksheet, and you format your cells to display information just the way you want, you may notice that you end up with "negative zero" amounts. Everyone learned in math classes that zero is not a negative number. So why does Excel show some zero amounts as negative?
The reason is because your formatting may call for displaying less information than Excel uses internally for its calculations. For instance, Excel keeps track of numbers out to fifteen decimal places. If your display only shows two decimal places, it is possible that a calculated value could be very small, and when rounded show as zero. If the calculated value is something like –0.000001325, then the value would show with only two digits to the right of the decimal point as –0.00. The negative sign shows, of course, because the internal value maintained by Excel is below zero.
There are a couple of ways you can solve this problem. The first is to simply round the calculated value to the desired number of decimal places. For instance, assume that this is your normal formula—the one that results in the "negative zero" values:
You can round the value in the cell by simply using the following formula instead:
This usage results in the value being rounded to two decimal places. In this way you should never end up with another "negative zero" value.
Another solution preferred by some people is to force Excel to use the same internal precision as what you have displayed in your worksheet. Just follow these steps:
Figure 1. The Calculation tab of the Options dialog box.
ExcelTips is your source for cost-effective Microsoft Excel training. This tip (2576) applies to Microsoft Excel 97, 2000, 2002, and 2003. You can find a version of this tip for the ribbon interface of Excel (Excel 2007 and later) here: Getting Rid of Negative Zero Amounts.
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text:
Social Security
Social Security Questions? Ask a Social Security Expert
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What do you want to do? What are you trying to accomplish?
2. Is your nephew an adult?


text:
Hotels in South Delhi
Svelte Hotel & Personal SuitesA3 District Centre, Select citywalk, New Delhi 4.0 out of 5.0
This family-friendly New Delhi hotel is located in the entertainment district, within a 15-minute walk of Select Citywalk, MGF Metropolitan Mall, and Select ...
Hilton Garden Inn New Delhi/SaketA4, DLF Place, Saket District Centre, New Delhi 4.0 out of 5.0
Located in the heart of New Delhi, this hotel is 0.2 mi (0.3 km) from Select Citywalk and 2.4 mi (3.9 km) from Qutub Minar. Select CITYWALK and MGF Metropolitan ...
Hotel Forest Green24 Siri Fort Road, New Delhi 3.0 out of 5.0
Located in the heart of New Delhi, this hotel is 0.5 mi (0.9 km) from Siri Fort Auditorium and 2.6 mi (4.2 km) from ISKCON Temple. Moth Ki Masjid and Ansal Plaza ...
jüSTa Panchsheel ParkS 362 Panchsheel Park, New Delhi 3.5 out of 5.0
This family-friendly New Delhi hotel is located near the airport, within 1 mi (2 km) of Khirki Masjid, Select CITYWALK, and MGF Metropolitan Mall. ISKCON Temple ...
Hotel RocklandC 30, Panchsheel Encalve, New Delhi 3.0 out of 5.0
Located in the heart of New Delhi, this hotel is within 3 mi (5 km) of Khirki Masjid, ISKCON Temple, and Lotus Temple. M Block Market and MGF Metropolitan Mall ...
Hotel Private AffairC -2, Near M Block Market, New Delhi 3.5 out of 5.0
Located in Greater Kailash, this hotel is 1.6 mi (2.5 km) from ISKCON Temple and 2.3 mi (3.7 km) from Lotus Temple. Siri Fort Auditorium and Moth Ki Masjid are ...
The JRD Luxury Botique HotelB-7/113 A, Safdarjung Enclave, New delhi 3.5 out of 5.0
Located in Green Park, this hotel is within 1 mi (2 km) of Deer Park, Siri Fort Auditorium, and All India Institute of Medical Sciences. Sarojini Nagar Market ...
Country Inn By Carlson Delhi SaketDLF South Court, Plot A-1, New Delhi 3.5 out of 5.0
This family-friendly New Delhi hotel is located in the entertainment district, within a 10-minute walk of Select Citywalk, MGF Metropolitan Mall, and Select ...
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January 14, 2013
NUCAL FOODS, INC., PLAINTIFF,v.QUALITY EGG LLC; ET AL., DEFENDANTS.
This matter comes before the court on defendant Quality Egg's motion to dismiss four of five cross claims brought by co-defendant Hillandale Farms of Iowa, Inc. ("Hillandale"). (ECF 125.) This motion was decided without a hearing. For the following reasons, Quality Egg's motion to dismiss is DENIED in part and GRANTED in part.
I. PROCEDURAL HISTORY AND ALLEGED FACTS This case arises out of a massive recall in August 2010 of shell eggs precipitated
by an outbreak of salmonella enteritidis ("SE") that sickened as many as 62,000 people. (First Am. Compl. ¶ 1) ("FAC"). Plaintiff NuCal filed its initial complaint on November 18, 2010, alleging seven causes of action against three defendants, Quality Egg LLC ("Quality Egg"), Wright County Egg, and Hillandale Farms. (ECF 1.) The court granted plaintiff's motion to amend on January 27, 2012 (ECF 60) and plaintiff filed its amended complaint on January 30, 2012 (ECF 61).
The amended complaint names eight defendants ("defendants") - Quality Egg, DeCoster Revocable Trust ("DeCoster Trust"), Austin "Jack" DeCoster, DeCoster Enterprises LLC ("DeCoster Enterprises"), Environ/Wright County Inc. ("Environ"), Hillandale Farms, Hillandale LLC, and Hillandale PA - and alleges eight causes of action: 1) breach of implied warranty of merchantability against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 2) breach of implied warranty of fitness for particular purpose against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 3) breach of express warranty against Quality Egg, DeCoster Trust, Jack DeCoster, DeCoster Enterprises, Environ, and Hillandale PA; 4) fraud against all defendants;
5) negligence against all defendants; 6) equitable indemnification against all defendants;
7) negligent interference with prospective economic advantage against all defendants; and
8) unfair competition.*fn1 On August 15, 2012, defendants Jack DeCoster, DeCoster Trust, DeCoster Enterprises, and Environ/Wright County were dismissed from this action for lack of personal jurisdiction. (ECF 156.) The remaining defendants are the three Hillandale entities and Quality Egg.
On February 29, 2012, defendant Hillandale Farms of Iowa, Inc. ("Hillandale") filed a cross-claim against co-defendant Quality Egg. (ECF 67.) Hillandale alleged five causes of action: 1) equitable indemnity; 2) breach of implied warranty of merchantability; 3) breach of implied warranty of fitness for a particular purpose; 4) contribution; and 5) apportionment. The motion addressed by this order is Quality Egg's motion to dismiss all but the merchantability claim.
At all times relevant to this action, plaintiff NuCal purchased eggs from defendants through a commercial exchange called "Egg Clearinghouse, Inc." ("ECI"). (Id. ¶79.) Plaintiff alleges that defendants became aware of a heightened risk of SE contamination at defendant's farms in early 2010. (Id. ¶ 6.) Plaintiff further alleges that defendants had actual knowledge, no later than March 2010, that many of their chicken houses were contaminated with SE, and that by June 2010, their hens also had tested positive for SE. (Id. ¶¶ 5, 7.) Plaintiff avers that despite this knowledge, defendants continued to sell plaintiff eggs from contaminated farms without warning plaintiff or regulators and without conducting tests on eggs from contaminated farms. (Id. ¶ 9.)
On July 9, 2010, new federal egg safety rules took effect. (Id. ¶ 13.) These rules require SE positive farms to divert eggs to other facilities or to keep them out of the market until tests confirm they are contamination free. (Id.) Plaintiff alleges defendants, through omissions and misrepresentations, failed to comply with these new rules; for example, defendants represented they would notify plaintiff of any SE positive environmental tests involving farms that produced eggs plaintiff purchased. (Id. ¶¶ 156-157.) Plaintiff alleges defendants acted upon defendants' knowledge of the SE positive tests only when the FDA stepped in. (Id. ¶ 15.) Defendants then tested eggs produced at their farms and discovered about 170 SE-infected eggs. (Id. ¶ 16.) Defendants finally instituted a recall in August 2010. (Id. ¶ 1.) Before, during and after the recall, defendants allegedly obfuscated and failed to cooperate fully with the FDA and with the U.S. House of Representatives' inquiry into the SE outbreak. (Id. ¶¶ 15, 17.)
In defendant Hillandale's cross-claim against Quality Egg, Hillandale alleges it procured the allegedly contaminated eggs it sold to plaintiff from Quality Egg's farms. (ECF 67 at 37.) Hillandale further alleges it learned of Quality Egg's involvement in a potential SE outbreak only in mid-August 2010. (Id.) Prior to this time, Hillandale alleges it had no knowledge of any SE-positive test results at the Quality Egg facility from which it received its eggs. (Id. at 38.) Hillandale alleges that Quality Egg owned and managed the farm and all related production articles, including the hens and pullets. (Id. at 38-39.) Any processing Hillandale may have conducted on these Quality Egg eggs related solely to the outside of the eggs, Hillandale alleges; therefore, because the SE contamination was found inside the eggs, not on the shell, any contamination was caused by Quality Egg. (Id.)
Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a party may move to dismiss a complaint for "failure to state a claim upon which relief can be granted." A court may dismiss "based on the lack of cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
Although a complaint need contain only "a short and plain statement of the claim showing that the pleader is entitled to relief," FED. R. CIV. P. 8(a)(2), in order to survive a motion to dismiss this short and plain statement "must contain sufficient factual matter . . . to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A complaint must include something more than "an unadorned, the-defendant-unlawfully-harmed-me accusation" or "'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action . . . .'"
Id. (quoting Twombly, 550 U.S. at 555). Determining whether a complaint will survive a motion to dismiss for failure to state a claim is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. Ultimately, the inquiry focuses on the interplay between the factual allegations of the complaint and the dispositive issues of law in the action. See Hishon v. King & Spalding, 467 U.S. 69, 73 (1984).
In making this context-specific evaluation, this court "must presume all factual allegations of the complaint to be true and draw all reasonable inferences in favor of the nonmoving party." Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir. 1987). This rule does not apply to "'a legal conclusion couched as a factual allegation,'" Papasan v. Allain, 478 U.S. 265, 286 (1986) (quoted in Twombly, 550 U.S. at 555), nor to "allegations that contradict matters properly subject to judicial notice" or to material attached to or incorporated by reference into the complaint. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). A court's consideration of documents attached to a complaint or incorporated by reference or matter of judicial notice will not convert a motion to dismiss into a motion for summary judgment. United States v. Ritchie, 342 F.3d 903, 907-08 (9th Cir. 2003).
Quality Egg makes two primary arguments in its motion to dismiss. First, it avers
Hillandale's three loss-sharing claims (equitable indemnity, contribution, and apportionment) should be dismissed wholly or in part because they are not ripe, are duplicative, and are partly premised upon non-tortious conduct. (Quality Egg Mot. to Dismiss at 4-7, ECF 125.) Second, Quality egg asserts Hillandale has failed to plead facts necessary to sustain its implied warranty of fitness claim. (Id. at 7-9.)
A. Loss-Sharing Claims
1. Ripeness
Quality Egg argues Hillandale's three loss-sharing claims are not ripe because Hillandale has not been found liable and has not paid plaintiff damages. (ECF 125 at 4.) Quality Egg cites a state appellate court case, Major Clients Agency v. Diemer, 67 Cal. App. 4th 1116, 1131 (Cal. Ct. App. 1988), which sustained a demurrer on a cross-claim for equitable indemnity that did not plead that a liability had been discharged that the other party should pay. (Id.) Hillandale contends ripeness is not an issue as to its equitable indemnity claim, but does not address Quality Egg's ripeness arguments as to the contribution and apportionment claims. (ECF 144 at 3-5.) Citing the state Supreme Court case of Evangelatos v. Superior Court, 44 Cal. 3d 1188, 1197-98 (Cal. 1988), Hillandale asserts a defendant may pursue an equitable indemnity claim either by filing a cross-complaint or by filing a separate indemnity action after it has paid damages for which another is responsible. (Id.)
The parties' cited cases appear to contradict one another. A defendant could never plead an equitable indemnity claim in a cross-complaint if that claim did not exist until the underlying action had reached a final judgment. See, e.g., E.L. White, Inc. v. City of Huntington Beach, 21 Cal. 3d 497, 506 (Cal. 1978) ("It is well settled that a cause of action for implied indemnity does not accrue or come into existence until the indemnitee has suffered actual loss through payment.").However, the court in E.L. White, on which Major Client relies, was considering whether an equitable indemnity claim was barred by the statute of limitations when it made the statement about when such claims come into existence. 21 Cal. 3d at 506. For the purposes of equitable tolling, then, an equitable indemnity claim does not "exist" until a party has paid damages for which another is responsible. The equitable indemnity claim in Major Client could not lie because there was no concurrent liability among defendants, 67 Cal. App. 4th at 1131, not because it was prematurely pled. The other cases Quality Egg cites for its ripeness proposition also rely upon E.L. White, supra, and other cases that discuss this remedy's existence in the context of the statute of limitations. See, e.g., Christian v. County of Los Angeles, 176 Cal. App. 3d 466, 471 (Cal. Ct. App. 1986) (citing E.L. White and People ex.rel. Dep't of Transp. v. Superior Court, 26 Cal. 3d 744, 759 (Cal. 1980)). Department of Transportation makes clear that E.L. White relates to the statute of limitations. 26 Cal.3d at 751. Taken together, Department of Transportation and Evangelatos, both California Supreme Court cases, suggest equitable indemnity claims may be pled in a cross-complaint before any defendant has been found liable.Hence, the weight of California Supreme Court case law comports with a common sense understanding of the nature and function of cross-complaints and indemnity.
The court thus finds that Hillandale's equitable indemnity, contribution, and apportionment claims are not barred for ripeness. Although in its opposition Hillandale does not address ripeness as to its contribution and apportionment claims, Quality Egg has cited no cases specific to these two defenses. Quality Egg simply lumped these two claims together with equitable indemnity. As the equitable indemnity claim may proceed on ripeness, the court also will allow the other two claims to proceed. California courts in fact countenance cross-complaints containing such claims when the underlying action is still pending. See, e.g., Coca-Cola Bottling Co. v. Lucky Stores, Inc., 14 Cal. Rptr. 2d 673, 674-75 (Cal. Ct. App. 1992) (finding no fault with the state court entertaining a cross-complaint containing equitable indemnity and contribution claims and a request for declaratory judgment of fault).
2. Duplication
Hillandale's equitable indemnity and contribution claims are not duplicative of each other. Each serves a different function. As previously mentioned, the trial court that heard the underlying action on appeal in Coca-Cola Bottling Co., 14 Cal. Rptr. 2d at 674-75, allowed a cross-complaint containing both claims to proceed. The appeals court there, finding no fault with the trial court, spoke to the distinction between equitable indemnity and contribution, noting that the former distributes the entire loss upon one or more tortfeasors according to fault while the latter, a creature of statute, distributes the loss equally among all tortfeasors. Id. at 676. However, the court also noted that the two claims are mutually exclusive: "Where a right of indemnity exists there can be no contribution." Id. at 677. This does not bar Hillandale's claims; it may plead in the alternative. FED. R. CIV. P. 8(d)(3).
Hillandale's apportionment claim is duplicative of its equitable indemnity claim, however. Apportionment is a doctrine relating to the distribution of liability among joint tortfeasors. 5 BERNARD. E. WITKIN, SUMMARY OF CALIFORNIA LAW § 51, at 118 (10th ed. 2005). As such, it is subsumed into equitable indemnity, which determines the relative fault of each tortfeasor and then additionally requires each to pay in that proportion, Coca-Cola Bottling Co., 14 Cal. Rptr. 2d at 674-75. Hillandale cites no cases in its opposition suggesting there is a distinction between the two, or even that apportionment is a claim at all, rather than just a doctrine. For these reasons, Hillandale's apportionment claim is dismissed.
Accordingly, Hillandale's equitable indemnity and contribution claims may proceed, while its apportionment claim is dismissed.
3. Premised Upon Non-Tortious Conduct
Quality Egg avers Hillandale may base its equitable indemnity claim only on underlying tort liability. (ECF 125 at 7.) Inasmuch as Hillandale seeks equitable indemnification from Quality Egg, it can only receive indemnification based upon shared fault for the tortious conduct, not for breach of contract remedies such as implied warranties. (Id.) Hillandale counters that equitable indemnification can also extend to contractual remedies. (ECF 144 at 7.) Quality Egg does not address this argument in its reply.
Hillandale may seek equitable indemnity on both tort and contract claims. Implied contractual indemnity is a cognizable type of equitable indemnity allowing recovery for failure to perform. WITKIN, supra, SUMMARY OF CALIFORNIA LAW § 118, at 220; Bay
Development, Ltd. v. Superior Court, 50 Cal. 3d 1012, 1032 (Cal. 1990).
Therefore, if Hillandale is found liable in the underlying action, it may seek appropriate loss-sharing relief from Quality Egg through equitable indemnity and, in the alternative, through contribution.
B. Implied Warranties
Quality Egg argues Hillandale does not allege the necessary elements of an implied warranty of fitness claim. (ECF 125 at 8-9.) Hillandale does not counter this argument in its opposition. Instead, recognizing plaintiff NuCal makes the same implied warranty claim against all defendants in the underlying action, based upon nearly identical alleged facts, Hillandale urges this court to allow its implied warranty of fitness claim to proceed only if it allows plaintiff's to proceed. (ECF 144 at 2 n.1.) The court dismisses Hillandale's implied warranty of fitness claim for the same reason it dismisses plaintiff's, as described below.
The warranty of fitness for a particular purpose is implied by law when "a seller has reason to know that a buyer wishes goods for a particular purpose and is relying on the seller's skill and judgment to furnish those goods." Martinez v. Matabolife Int'l, Inc., 6 Cal. Rptr. 3d 494, 189 (Cal. Ct. App. 2003). This warranty is breached when the goods are not reasonably fit for the intended purpose, causing injury. Id. The crux of the issue here is whether Hillandale purchased eggs from Quality Egg for a "particular purpose" such that it relied on Quality Egg's skill. Comment 2 to the relevant California statutory provision states:
A "particular purpose" differs from the ordinary purpose for which the goods are used in that it envisages a specific use by the buyer which is peculiar to the nature of his business whereas the ordinary purposes for which goods are used are those envisaged in the concept of merchantability and go to uses which are customarily made of the goods in question. For example, shoes are generally used for the purpose of walking upon ordinary ground, but a seller may know that a particular pair was selected to be used for climbing mountains.
CAL. COMM. CODE § 2315. This comment also instructs that a contract may include an implied warranty both of merchantability and of fitness for a particular purpose. Id.
Quality Egg's implied warranty of fitness claim is inadequately pled. Eggs such as those at issue here are ordinarily used for human consumption, whether as a processed and pasteurized liquid or as unbroken shell eggs. Quality Egg does not allege, nor could the court accept, that buying eggs to be repackaged and sold to consumers as unbroken shell eggs is "peculiar to the nature" of its business. See, e.g., Mathison v. Bumbo, No. SA CV08--0369 DOC (Anx), 2008 WL 8797937, at *11 (C.D. Cal. Aug. 18, 2008) ("There is nothing peculiar about using a baby seat to secure infants and toddlers." (internal quotations omitted)). Rather, the ordinary purpose of such eggs repackaged for resale is envisaged in the concept of general merchantability. Thus, Quality Egg's implied warranty of fitness claim is dismissed.
C. Leave to Amend
Courts should consider four factors when considering leave to amend: 1) undue
delay; 2) bad faith; 3) futility of amendment; and 4) prejudice to the opposing party. Levine v. Safeguard Health Enterprises, Inc., 32 F. App'x 276, 278 (9th Cir. 2002) (internal citations and quotations omitted). In this order, the court dismisses Hillandale's apportionment claim and its implied warranty of fitness claim.
This case has been pending for more than two years, but there is no indication the parties have shown bad faith. Moreover, Quality Egg would not be unduly prejudiced if Hillandale were given leave to amend. However, the court finds the third futility factor weighs most heavily here: given the court's reasons for dismissing each of these claims, set forth above, amendment would be futile. No amount of additional pleading could resurrect Hillandale's apportionment claim, which, even if it were viable, would be duplicative. There also are no facts Hillandale could plead that would satisfy the relevant legal standard for implied warranty of fitness. The court denies leave to amend these claims.
For the foregoing reasons, Quality Egg's motion to dismiss is DENIED in part and
GRANTED in part, as follows:
1. Hillandale's apportionment claim (claim V) is dismissed with prejudice; and
2. Hillandale's implied warranty of fitness claim (claim III) is dismissed with prejudice.
The court further ORDERS that: 1. Hillandale file amended pleadings consistent with this order by February 15, 2013; and
2. The status conference set for February 21, 2013 is vacated and reset for March 7, 2013.
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