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|Property type
|Minimum Stay
|3 - 4 nights
A stunning duplex penthouse home with private terrace garden, located in the heart of Covent Garden and available for occasional rent when the owners are out of town. The penthouse provides the peace and quiet of its residential courtyard setting, but is only a few minutes walk away from the Royal Opera House, the Covent Garden Piazza, West End theatres, shops, bars and restaurants.
The penthouse was recently completely redesigned by a leading architect and won an Architects Journal Retrofit Award for its design. The apartment is beautifully fitted throughout and includes walnut cabinetry, basalt stone floors and a stunning glass staircase. The owners have chosen beautiful furniture to complement the contemporary design of the apartment but which creates a warm and welcoming home. Flooded with light during the day, the apartment becomes a cosy oasis from the bustle of London at night.
The upper floor of the penthouse provides a huge open living space, with a relaxing and comfortable sitting area with a beautiful open fireplace and state-of-the art 3D television with surround sound. There is a fitted kitchen fitted with top quality appliances, including dish washing drawers, three built-in ovens and a dual-zone wine fridge. There is a large dining table that seats up to 10 people and the concertina doors open the full width of the apartment onto a private balcony.
The lower floor of the penthouse provides a large, light-filled entrance hall that leads to the three spacious bedrooms. The master bedroom has a super king-sized bed, built-in walnut wardrobes and a beautiful private bathroom suite which includes a walk-in rainfall shower and slipper bath tub. The main guest room has a king-sized bed, wardrobe and en-suite shower room. The third bedroom has a king-sized bed and a shower room immediately adjacent.
The apartment has a private terrace, equipped with a corner sofa, gas barbecue grill and beautiful architectural plants.
Access to the penthouse from the private courtyard is through a private front door and private lift to the lower level of the apartment. Access to the courtyard is controlled via video entry phone.
Sorry but this apartment is not suitable for children under the age of 16 or pets. Nor is it suitable for parties of any description.
I am a partner of an international law firm and my partner is a classical musician.
Andrew Dutson purchased this apartment in 2008
We bought this property due to its secluded location right in the heart of Central London.
I booked this apartment as a surprise for my wife for our 10th wedding anniversary. We both loved the apartment and had the most amazing long weekend in London. The penthouse is on two levels and the top floor is a cool and contemporary open living space with a huge corner sofa, gorgeous open gas fireplace and a huge TV with surround sound for cosy romantic nights at home. The lower floor contains the three bedrooms and three bathrooms. There is a lot of space and the master bedroom is really beautiful with a huge sleigh bed, lovely ensure bathroom with a wonderfully powerful walk in shower as well as a bath tub. The apartment feels brand new, with beautiful decor and fresh and modern furnishing. I wish I could afford to live in such an amazing apartment but it was great to treat ourselves for a few days.
We highly recommend this great apartment. The owners were easy to work with and responded quickly to any questions we had before, during , and after our vacation. We were able to take the Picadilly line from Heathrow straight to Covent Garden (about an hour) then a 5 min walk to the apartment. The apartment is located on a quiet commercial street with restaurants, pubs, a grocery store, and a health club on the same block. But once you go through the private gate, you find yourself in a serene quiet setting among other private homes and apartments. The apartment was perfect for our family of five. Having three bathrooms made it easy to get ready each morning before heading out to sight see. The outdoor terraces were a huge plus. We were able to open the retractable glass doors off the master bedroom at night for the wonderful breezes and opening the doors off of the kitchen and dining room each morning at breakfast with the sun shining in was great! The first morning there we went across the street to the grocery store to pick up items for breakfast. The kitchen was well equipped although we only had breakfast there each morning. The beds were very comfortable and the linens and towels were hotel quality. We were a 5 minute walk to the theatres, 10 minute walk to Leicaster Square, and about a 15 min walk to the London Eye. Our second day there we were able to walk to the London Eye, Big Ben, Westminster Abbey, Buckingham Palace, and Trafalagar Square! We did a day trip to Stonehenge, Bath, and Windsor Castle leaving from the Victoria train station and another day trip to Paris on the eurostar leaving from St. Pancras train station. Both stations were easy to get to by taxi or the tube. We were able to take the hop on hop off tour starting at Leicaster Square (a 10 min walk). Also, we took the tube to see the Arsenal Stadium and Kensington Palace. The neighborhood is very safe and friendly.There is a great sandwich shop right across the street. Great shopping all around! To summarize, wonderful apartment and great owners to work with :)
The location of this flat could not be better. Right in the heart of the action, near multiple underground stations, yet quiet and away from the hustle bustle when you want to be. The flat is very comfortable with very nice beds and seating. Kitchen has everything you need, plus some, and is very modern. We loved the modern, clean style done in a manner that didn't detract from core comfort. We felt almost like a Londoner during this stay. We debated hotels vs flats and decided to go the flat direction for this, our third London visit from the US. We were glad we did. You wont regret staying here. I thank the owners for openning up their flat for our use.
This is an absolutely stunning architectural masterpiece nestled inside a private courtyard in the heart of one of London's coolest shopping, dining, and theater districts. The details are amazing-from the private elevator and entry foyer to the retractable glass doors to the glass staircase and kitchen floor-it's a stunner. The hosts were lovely and left champagne, strawberrys, snacks, and water-much appreciated after a long flight with the family. There's great room to stretch out in a very quiet setting. Can't say enough great things about the place or the hosts!
Amazing flat in a perfect location with very friendly, responsive and helpful owners. I'm looking forward to staying here again on my next trip to London.
Our family stayed for a week in this immaculate, newly renovated 3 bedroom apartment that also boasts a lovely patio as well. Great neighborhood, not touristy, and walking distance to first rate restaurants, shops and such. We even walked to Westminster Abbey and the Churchill War rooms. Owners were great to work with and met us upon our arrival. Very safe area, never had a worry. Our adult children enjoyed it as much as we did. I highly recommend this rental and would definitely stay here again!
A perfectly located apartment, quietly hidden away in Covent Garden yet a minutes walk away from everything. We were stunned by the glass floors and stairs and how wonderful to have a garden and some outside space in central London... Even in February.
The apartment was presented to the highest standards, with really comfortable beds, gorgeous linen, everything great actually.
Meeting Andrew when we checked in was a bonus as he was very welcoming and informative, making us feel at home for our short stay, we didn't want to leave.
I would highly recommend this uber cool, well appointed apartment and would not hesitate to stay there again.
Buzzing with the excitement of opera and theatre land, world famous Covent Garden is a destination for food lovers and fashionistas alike.
Covent Garden is one of London's hottest shopping destinations. Discover Chanel, Dior and Burberry along with the best of British beauty including Miller Harris, Jo Malone and Penhaligons. For the fashion lover there's Paul Smith, Sandro, Hackett and Burberry Brit.
Thanks to the diverse range of restaurants including New York renowned Balthazar, the sophisticated Laduree and Peruvian fare from LIMA Floral, Covent Garden has become a true foodie destination.
The district is loved for its history, iconic Market Building, Royal Opera House, theatre quarter and cobbled Piazza.
There is something for everyone at Covent Garden from culture, fashion and food, to art installations and pop up events.
|Rate Period
|Weekend Night
|Monthly *
Autumn Late Offer
Nov 17 2016 - Dec 16 2016
3 night minimum stay
My Standard Rate
4 night minimum stay
|No additional mandatory fees
|Refundable damage deposit
2 Night stays are charged at 90% of the 3 night minimum stay £1755
1 Night stays are charged at 80% of the 3 night miniumum stay £1560
* Approximate monthly rate. Actual rate will depend on the days of the month you stay.


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Makes 6 muffin sized puddings
- Yield
- 6 Puddings
- 4 tblsp Plain Flour
- 1 pinch salt
- 1 egg
- Milk
- Vegetable oil
- Preheat oven to 220*C. In a bowl, add flour, salt, egg and a little milk. Beat mixture with whisk adding milk until it becomes the texture of pouring cream. Pour oil into the muffin tray so that each depression is filled about a third full. Place tray in hot oven until oil is smoking hot. Gently pour mixture into muffin tin and place in preheated oven at 220*C for 5 mins then lower the heat to 170*C and cook until risen and golden brown. Do not open the oven door while cooking!
Nutritional Info
- Calories72
- Carbohydrates4 g(1%)
- Fat6 g(8%)
- Protein2 g(3%)
- Saturated Fat1 g(3%)
- Sodium60 mg(3%)
- Polyunsaturated Fat1 g
- Fiber0 g(1%)
- Monounsaturated Fat4 g
- Cholesterol31 mg(10%)

subset: commoncrawl


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Menu Template:Large Buttons Blue - Rounded Corner
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Having unnecessary fat in numerous locations of your body can have a substantial influence on your health and self-confidence. While conventional weight-loss through workout and diet plan is a fantastic way to drop weight overall, even the very best workouts can't target problem locations like the belly, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to remove excess fat from specific areas of the body, enabling an individual to shape and contour their body to their preference. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many benefits to this cosmetic procedure, consisting of:
• Right away obvious changes. Unlike conventional weight loss, liposuction creates modifications that are right away visible in the body. Some distinction is noticeable right away, and the wanted outcomes are usually attained in just a few days.
• Proven and safe. This cosmetic procedure has been performed by knowledgeable specialists all over the world for years and the technique has actually been refined over and once again to be safe and reliable.
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Top Linksmain detailsbiographyby votesphoto galleryquotes
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Did You Know?photo galleryquotes
Rupert's Mom (Character)
from The King of Comedy (1982)
FilmographyEdit Credits
- The King of Comedy (1982) Played by Catherine Scorsese
... aka "King of Comedy" - Japan (English title)
Additional Details
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Rupert's Mom: Rupert? What are you doing down there?
Rupert Pupkin: MOM!
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Acid Base Titrations
This applet simulates the titration of a weak acid (in the beaker) with a strong base (in the burette). The pK of the acid is fixed. Base is added by pushing the stopcock button and the resulting pH is calculated and plotted. By finding the endpoint, we can determine the concentration of acid in the flask; we can also determine the pK of the acid by measuring the pH halfway to the endpoint.
Material Type: Simulation
Date Added to MERLOT: January 23, 2002
Date Modified in MERLOT: October 09, 2016
Submitter: Mark Rockley
Peer review 3.9 ratingPeer Reviews:
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User review 3.33 average rating
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Primary Audience: College General Ed
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Language: English
Pages :304
Description :
Indian Takeaway: A Very British Story by Hardeep Singh Kohli Free EBook Epub,Pdf, Mobi Download
As a boy, Hardeep Singh Kohli knew where home was: Glasgow. But everyone else always assumed he was Indian. Because surely he couldn't be British, with his brown skin and turban? Thirty years later, Hardeep sets out on a journey to discover where he is really from. His story is as hilarious as it is moving.
HARDEEP SINGH KOHLI was born in Glasgow in 1969. A BAFTA-winning broadcaster, he was the writer of the Channel 4 hit Meet the Magoons, a presenter of Radio 4's Saturday Live, Midweek and The Food Programme, as well as contributor to numerous radio programmes such as Radio 4's Front Row and Radio 3's Nightwaves, and a movie reviewer on BBC Radio 5 Live. His weekly column, 'Hardeep is your love?', appears in Scotland on Sunday. Hardeep is often found clad in turban and kilt as panellist and presenter of Newsnight Review, and has appeared on Question Time. He is currently presenting on the BBC hit programme The One Show. He was also a runner-up on Celebrity Masterchef. This is his first book.
Download Links :
Links – 1:- Indian Takeaway: A Very British Story by Hardeep Singh Kohli (epub)
Links – 2:- Indian Takeaway: A Very British Story by Hardeep Singh Kohli (epub)


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The Black Diamond 12mm Dynex Daisy Chain is intended for direct aid use during climbing and is crafted out of abrasion-resistant, strong materials for durability and a stiff feel.
NOTE: Find in Store Inventory levels are continuously changing. Please contact store to confirm availability is as shown.
- Bottom loop for clean hitching
- Ultra compact
- Tight weave provides stiff feel
- Intended for use as direct aid
- Weight: 33 g (1.16 oz)
- Length: 115 cm (45")
- Strength: 16 kN (3,597 lbf)
- Pocket Strength: 3 kN (674 lbf)
- Width: 12 mm
Shipping Info:
- Leaves the warehouse in 1-7 business days depending on order volume.
- Items may be returned within 60 days of the order date to an Atmosphere retail store or an Atmosphere warehouse. Items must be returned unused/unworn and electronics unopened. See Online Return Policy and Return Instructions for more information.
- Note: Shipping restrictions may apply based on location and product size.


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Wholesale Car Led Fog Lights
Posted at: Offers to Sell and Export | Posted on: Wed 09 Jun, 2010 4:14 pm |
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We are one professional manufacturer of Car light in China.
We can supply all kinds of car LED Bulbs,
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(6). LED smd fog light: 9006, 9005, H1, H3, H4, H7, H8, H10, H11, 880, 881, etc
(7). LED PCB reading light.
(8). BA9S/E10 series.
All the products are in high quality and in completive price, the products have been exported to all over the world. If you are interested in our products, please you directly visit our website and email us, and then we will provide you our price list.
Company Contact:
Contact Name: Mike Qiu
Company Name: Led & Xenon Better Auto Parts Co., Ltd.
Tel: 86-20-83615787
Fax: 86-20-83615787
Street Address: Huanxi Industrial
Estate, Dongpu, Tianhe, Guangzhou,
Member name: xenonbetter
Member Since: 12 April 2010
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41 xenonbetter Import Export Business Leads
Business focus: Hid Xenon Light, Car Led Light, Hid Xenon Bulb, Hid Ballast, Car Parking Sensor System, Hid Conversion Kits, Hid Working Light
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Wholesale Germany Popular Touch Remote Controller For Led Lights Led Strip Lights And So On
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text:
Met with St. John Ambulance
Description: "Photograph of two policemen standing alonside an ambulance in which a man is lying, strapped down with handkerchief and hood over his head." Photograph by RL Sirus.
Date: 1884
Our Catalogue Reference: COPY 1/369/230
This image is from the collections of The National Archives. Feel free to share it within the spirit of the Commons.
For high quality reproductions of any item from our collection please contact our image library.
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Taken sometime in 1884


text:
A fun webcam game where you need to clean as many windows as you can within the time limit!
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13.0.0 or greater is not installed.
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Atos enables its manufacturers to integrate technology and infrastructure across its diverse regions and branches with global support ensuring - no gaps and no delays
For maximum plant efficiency, networks of plants need to be treated as exactly that – a single, connected entity that can be orchestrated as one. Faciities are no longer fixed and silo-driven but flowing with intelligence, adaptability and the ability to dynamically reconfigure. Discover how we have assisted global manufactures in;
Availability, performance, security – Networks make sure the lifeline of the modern distributed enterprise is there for you when you need it
Atos combines not only longstanding IT and communication expertise but also brings the necessary independent understanding for your specific business and industry needs to raise network availability, performance and security at every level. We provide:
- An objective view on the existing network infrastructure
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- The strategy for an efficient and effective transformation path to address all your existing and future business networking requirements
We help you to ensure everything works smoothly for your users at the frontend – wherever they may be.
Whether it is the convergence of fixed networks and mobile telephony, real-time communication, the consumerization of IT or the integration of social networking –modern communication networks have one challenge in common: they have to bring together a wide and ever changing array of devices, infrastructures and applications.
Highly scalable, flexible network infrastructures help companies to respond in a dynamic and cost-effective way to everyday resource demands. Moreover, convergence across devices, applications and network access channels is simultaneously opening numerous new opportunities – IP telephony, unified messaging or multimedia services to name just a few.
Staying ahead in a dynamic world
Atos provides global network implementation and support solutions to world-class organizations, delivered with unrivalled agility and service excellence.
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Atos is the leading provider of professional services to manufacturing and natural resources in Western Europe, and a major player worldwide. We have specialist experience spanning many sub-sectors of discrete, process and consumer packaged goods.
We are experienced in the mission critical domains of manufacturing operations excellence; product and service innovation; global supply chain management; and in customer loyalty and brand equity.
As a global company, we are positioned to support our manufacturing client's right across their increasingly globalized operations.
We have a particularly strong focus on Manufacturing Execution Systems and on Product Lifecycle Management with our Programs such as Maximizing Manufacturing Together (MMT) and Manufacturing Integration & Intelligence (MII). In these specialties we combine attention to detail with a desire to help manufacturers identify and impose best-practice across their value chains.
In addition to our industry-specific expertise in manufacturing systems, we also deliver on foundation IT, helping drive out cost and increase performance
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Herschel Supply Co. Hank Wallet Brindle/Tan Herschel Supply Co on Sale UK Stockist
Editor's review
The Hank Wallet in Brindle/Tan from Herschel Supply Co. is a basic bi-fold wallet featuring a sleek synthetic leather interior with multiple card slots, a mesh ID window and a full-length currency sleeve, adorned in their signature striped lining. A small woven tag is stitched within, as well as a larger brand tag on the outside. The Hank Wallet is also available in Woodland Camo/Tan and Black/Black.
- Herschel Supply Co. Hank Wallet
- Brindle/Tan
- Leather Interior
- Mesh ID Window
- Signature Striped Lining
- 3.5 x 4.375" x 0.5"


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Jos. A. Bank Coupons & Promo Codes
Jos. A. Bank Sales & Coupons
To find codes & discounts, use this trick: click Promotions on the bottom of Jos. A. Bank's homepage, and don't forget to sign up for their email list to get deals directly to your inbox. Our coupon hunters want to make sure you get the stuff you want without emptying your pockets. Look at you, smart shopper!
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Buy 1, Get 1 FREE | The Great Holiday Sale!
Buy one item at regular price and get one like item of equal or lesser value for free. Free item excludes gift cards and clearance. Not combinable with other promotional offers. Offer valid through 12/04/2016.
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Tech Bargains


text:
Smegheads R Us: The Return of Red Dwarf
TV Channel 'Dave' is typically famous for its testosterone-packed schedule of repeats including Top Gear, Mock The Week and Never Mind The Buzzcocks. In a shock departure from form, Dave has decided to finally commission, gasp, a show of it's own – not an original show mind, but the eagerly anticipated return of Red Dwarf.
Red Dwarf: Back to Earth is a new three part mini-series, to be followed by an 'Unplugged' show where, as Craig Charles puts it, the original actors try to improvise, or rather try to remember, classic scenes. Memory loss eh? That'll be the after effects of the crack habit rearing their ugly head then.
The plot has been shrouded in secrecy, and the only gossip to have leaked is that Lister's ex-girlfriend/mum Kristine Kochanski is dead, Holly has malfunctioned as a result of a running tap, and Rimmer comes face to face with his arch-nemesis: a resurrected science officer known as Katerina.
Odds of be-spectacled buck-tooth geek Dwayne Dibley making an appearance? Slim to none.


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Greetings! My name is Jason Rector, District Technician for Adair Co Schools. I would like to welcome you to my newly designed website.The new millennium brings a Wide Area Network (WAN) which connects all schools together both on/off campus including the three county schools. This has permitted each school to communicate among the central office and one another.Internet and E-mail also is provided across this Wide Area Network, which will enable both teachers, staff, and students immediate access to research "around the world".
HomeResourcesWEATHERTechnical StaffNetwork FAQ'sS.T.L.P.Gallery 1Gallery 2Life of a TechSEARCHResumeMiscellaneousServices/HelpDeskFORTUNE
Be patient.Take it slowly.Play, play, play -- get hands-on practice daily.Let the kids teach you.Don't be afraid -- you can't break the computer unless you pick it up and drop it on the floor.Don't reinvent the wheel -- get advice from those who know. Attend all the training sessions you can.Begin by integrating the computer into a unit you love.Get involved in a collaborative project.Always have a contingency plan -- a 10-minute thunderstorm did in on a Back-to-School Technology Night.Dive in; use it; do it; run with it; jump right in; learn from you mistakes.Form a technology support group.Be sure all students are engaged with the technology, not just some.Don't get too comfortable with what you know -- it will all change.Keep in mind that technology is only a tool.
©1997-2001 Jason Rector All Rights Reserved


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(403) 287-8980
Knight Plumbing, Heating and Air Conditioning
29 years in business
201 10861 50 St SE
Calgary, AB T2C 3E5
Additional Phone Numbers
- (403) 252-0375
- (403) 287-8972
- (403) 287-8929
- (403) 287-8928
Find a Location
BBB File Opened: 05/06/1991
Business Started: 01/05/1987
Business Incorporated: 30/09/1986
Contact Information
- Bernie Wandler, CEO/President
- Principal: Mark Coffin, Service Manager
- Ryan Wandler, Vice-President
Business Category
- Plumbers
- Air Conditioning Contractors & Systems
- Kitchen & Bath - Design & Remodeling
- Drainage Contractors
- Heating Contractors
- Plumbers - Commercial
- Plumbing Drains & Sewer Cleaning
- Water Heaters - Repairing
- Heating & Air Conditioning
- Air conditioning & Heating Contractors - Residential
- Air conditioning & Heating Contractors - Commercial
- Heating & Air Conditioning - Filters
- Kitchen Cabinets & Equipment - Household
- Plumbing Fixtures, Parts, Supplies - Retail
- Water Heaters - Dealers
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- Water Softening & Conditioning Equipment Service & Supplies
- Air Conditioning Repair
- Air Conditioning Systems - Cleaning
- Heating Equipment & Systems Cleaning & Repair
- Furnaces - Industrial
- Water Heaters - Parts & Supplies
- Furnace Sales & Service
Alternate Business Names
- AAA Assured Plumbing & Heating Ltd.
- A Knight Plumbing & Heating Ltd.
- Assured Plumbing & Heating Ltd.
- A-AAA Knight Plumbing & Heating Ltd.
Licensing, Bonding or RegistrationThis business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.
BBB Reason for Ratings
Licensing information is provided in the BBB Business Profiles to inform the public about industries that may require professional licensing, bonding, or registration. Better Business Bureau encourages you to check with the appropriate agency to be certain any requirements are currently being met.
Advertising Review
BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to substantiate their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.
Government Actions
BBB reports on known significant government actions involving the business's marketplace conduct.
Out of Business
BBB reports on a company that is out of business for three years from the date the company closes its doors or ceases to do business.
Misuse of Better Business Bureau Name/Logo
BBB reports on unauthorized use of the Better Business Bureau's name and/or logo for as long as the business continues to use it in any advertising, or for one year after the business ceases any repeated unauthorized uses.
BBB reports on a business's bankruptcy as long as the business remains in bankruptcy.
Mail Returned
BBB reports when mail sent to the business was returned by the Postal Service.


text:
Welcome to Jimmy Deane's
Named after six-time Panthers Best & Fairest winner and dual Magarey Medallist, Jimmy Deane's is found on location at Hickinbotham Oval, surrounded by the picturesque southern suburbs, beautiful beaches, wineries and the roaming hills.
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Opening Hours
Open 7 Days
Lunch: 12:00pm - 2:30pm
Dinner: 5:30pm - 8:30pm
Monday - Sunday
8:00am - 2:00am
Check out all our great facilities below:
SANFL Ladder
2017 Fixture
Round One
South Adelaide vs TBA
Venue: TBA
Time: TBA
Round Two
South Adelaide vs TBA
Venue: TBA
Time: TBA
Round Three
South Adelaide vs TBA
Venue: TBA
Time: TBA


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April 24, 1974
In the Matter of LEHIGH AND HUDSON RIVER RAILWAY COMPANY, Debtor
The Lehigh and Hudson River Railway ('the railroad') is a Class II railroad* presently in reorganization within the jurisdiction of this Court under Section 77 of the Bankruptcy Act (11 U.S.C. § 205). Section 207(b) of the Regional Rail Reorganization Act of 1973 (Pub.L. 93-236, Jan. 2, 1974, hereinafter referred to as 'the Act') requires this Court to determine, before May 2, 1974
'whether the railroad is reorganizable on an income basis within a reasonable time under section 77 of the Bankruptcy Act (11 U.S.C. § 205) and that the public interest would be better served by continuing the present reorganization proceedings than by a reorganization under this Act.'
If this initial question is decided in the negative, the Court is required before July 1, 1974 to order that reorganization be proceeded with under the Act, unless it at that time finds that the Act does not provide a process which would be fair and equitable to the estate of the railroad, in which case it must dismiss the reorganization proceedings. At the present time only the initial question is before this Court.
A hearing was held on April 1, 1974 upon notice to all parties and all creditors of the railroad, to supplement the information already before the Court as a result of its extensive examination of the financial condition of the railroad in July and October of 1973. In July, the Court considered whether the railroad's desperate lack of cash and the absence of any potential resources, public or private, justified its ceasing to operate; in October, the Court authorized the pledge of four locomotives as security for an emergency loan to enable the railroad to continue operating. The Court viewed both ceasing operations and further encumbering the property of the railroad as extraordinary measures, warranted only by extreme financial necessity unrelieved by already stringent budgeting. The evidence introduced at those two hearings over a total of three days amply demonstrated that the railroad derives insufficient income from its operations to sustain itself, that all avenues for increasing revenue or decreasing expenses had been explored and were presently unavailable, that local industry depends upon the railroad, that the railroad is an important link in a wider network of rail transportation, and that neither the governments of the affected states nor the federal government were prepared to subsidize the operation of the railroad, although all agreed upon the importance of its continued operation. At the time of those hearings it appeared to all that the survival of the railroad depended upon the imminent passage of comprehensive federal legislation which would include provisions for financial assistance. The question now before the Court is whether intervening circumstances have so changed the position of the railroad that it is advisable to refuse the assistance offered by the Act and attempt to reorganize independently.
The Commonwealth of Pennsylvania ('Pennsylvania') alone opposes the railroad's participation in reorganization under the Act. Its first objection is jurisdictional. It contends that the Act's mandate that the Court determine the public interest in ruling on the question now before it is an unconstitutional delegation of a legislative function to a judicial body and that therefore the Court is without jurisdiction to decide this question. Since this argument is being raised in other forums and an appeal is contemplated, the parties have stipulated that it not be argued or decided here, without prejudice to its being raised at a later time. Without deciding the question, the Court simply notes that in its capacity as overseer of the reorganization of this railroad under Section 77 of the Bankruptcy Act it has frequently and necessarily considered the interest of the public, most recently in the July and October hearings discussed above.
Also as a jurisdictional matter, Pennsylvania contends that the Act was not intended to apply to Class II railroads, since they were not specifically itemized in its provisions nor included with discussions of Class I railroads in reorganization in the House committee report.
It is clear to this Court that the Act is intended to apply to Class II railroads. The Act makes no distinction between Class I and Class II railroads and, indeed, for its purposes, there is no real distinction to be made. The only difference between the two is the dollar amount of annual revenue, and railroads of both classes are now in equally desperate straits. The Senate committee report itself refers to Class II railroads as part of the crisis situation the Act is designed to correct. S.Rep. No.93-301, 93d Cong. 1st Sess. (1973). The Department of Transportation in the first two sentences of its mandated '30 day report' explicitly mentioned this railroad:
Much of the railroad system in the region comprising the Northeast and portions of the Midwest has fallen into serious physical disrepair and financial insolvency. 1 Seven of the region's Class I and one of its Class II railroads are undergoing reorganization under section 77 of the Bankruptcy Act, and some are close to liquidation.' 2 (The footnotes define the region and Class I and Class II railroads and name those railroads which are in reorganization.) U.S. Dep't of Transportation, Rail Service in the Midwest and Northeast Region, at 1 (Feb. 1, 1974). (Hereinafter referred to as 'the Report.')
The Department of Transportation has made a statement, incorporated into the record of this proceeding on April 1, 1974, indicating that it will recommend to the United States Railway Association that the railroad be given due consideration as an alternate route to New England in the final system plan, and that it has as yet made no analysis of whether the railroad's lines are 'potentially excess.' While this statement is ambiguous concerning the final form in which the railroad may be incorporated into a final system plan, the Department of Transportation clearly understands the Act to apply to this Class II railroad.
In sum, this railroad is a part of the problem, of crisis proportions, affecting rail transportation in the northeast and was specifically mentioned in both the Senate Report on the proposed Act and the Department of Transportation Report made pursuant to the Act. It was not specifically excluded from the provisions of the Act. The Department of Transportation intends to recommend its consideration as part of the final system plan. In the absence of a clear legislative indication to the contrary, this Court considers the railroad within the scope of the Act's provisions.
In addition to its jurisdictional contentions, Pennsylvania argues that the railroad is reorganizable on an income basis, and that the public interest would best be served by its reorganization outside the Act. It makes these arguments in the face of a strong presumption, expressly stated in Section 207(b) of the Act, that railroads in reorganization in the region should come under the Act, and in the face of overwhelming evidence earlier presented concerning the desperate financial situation of the railroad. The arguments it advances are unpersuasive.
It first attempts to define the Section 207(b) term 'reasonable time' for reorganization outside the Act. It presents a table indicating the various lengths of time that railroads have been in reorganization proceedings in the past forty years. The range is from three years to as long as twenty-two years, with the great majority between eight and sixteen years. By contrast, of course, the present reorganization proceeding is of relatively short duration. Pennsylvania attempts from this data to conclude that even somewhat remote possibilities of successful income based reorganization can be considered reasonable and justify reorganization outside the Act. In so doing it ignores the fact that this railroad recently has been and soon may be again on the verge of liquidation, that it has insufficient funds to operate, and that the timetable of the Act in response to a situation deemed critical is rather more accelerated than what might in the past have been considered a reasonable time for reorganization. Indeed, the very evidence Pennsylvania puts forth highlights the problem which the Act is designed to remedy. In the judgment of this Court, a 'reasonable time' for reorganization outside the Act must be at least approximately as rapid as the time schedule of the Act. None of the present possibilities can realistically be said to fall within this time frame.
The Trustee of the railroad has recently filed a petition as a creditor in the reorganization proceeding of the Penn Central Transportation Company ('Penn Central'), requesting that the latter be directed to route traffic over the Lehigh and Hudson River line, in a traffic pattern followed until the New Haven Railroad's inclusion into Penn Central. The railroad maintains that this would be economical for Penn Central since it would provide a shorter route for certain traffic than that presently followed; it would also provide sufficient additional revenue to the railroad to permit it to operate profitably. The latter effect would indirectly benefit the Penn Central estate since Penn Central is in turn both a creditor and shareholder of the railroad. No hearing has yet been held on this petition and the outcome is at best uncertain. The Penn Central, itself in reorganization under Section 77 of the Bankruptcy Act, is eligible for inclusion under the provisions of this Act. Even were the present reorganization Court to order a particular traffic flow, that determination would be subject to change, especially in the context of a new final system plan under the Act. Thus, this source of additional revenue for the railroad, while a possibility which merits serious exploration and full consideration, does not in itself provide sufficient ground for an affirmative finding that the railroad is reorganizable on an income basis within a reasonable time.
The second distant glimmer upon which Pennsylvania would have this Court rely is the proposal recently proffered by the Lehigh Valley Railroad Company and Reading Railroad Company, to create a Mid-Atlantic Rail Corporation ('MARC') of which this railroad's line would be a contributing part. MARC's chief proponents acknowledge that its realization will require massive funding and some time, and indeed now look to the Act as the source of funding. Such a speculative possibility cannot serve as the basis for a decision to reorganize outside the Act.
Thirdly, Pennsylvania points to legislation recently introduced in New Jersey which, if passed, would provide a subsidy to the railroad. (Pennsylvania itself, with only one mile of the railroad within its borders, is unwilling to provide it meaningful financial assistance.) In the judgment of this Court future state subsidies, even if the enabling legislation is enacted, are not the 'income basis' for reorganization referred to in the Act.
The thrust of Pennsylvania's arguments appears to be that the railroad should be kept alive independently because the competition that it would provide is essential to healthy rail service in the region. It points out that the Act provides no guarantee that this route would be continued, yet itself mandates competition among healthy carriers. If such a course were realistically possible the Court would be inclined to agree. This is not, however, a healthy carrier, but one desperately in need of resuscitation. Moreover, the Secretary of Transportation in his initial report considered the Mid-Atlantic to New England route insufficiently traveled to support competitive carriers. (See, Report, supra, pp. 25-36.)
This Court considers the question whether, in the overall scheme of a final system plan, the Lehigh and Hudson River route should be maintained as part of a competitive line, as part of the Consolidated Rail Corporation, or not at all, to be beyond the scope of the present inquiry. However, it is clear that the interest of those directly affected as owners, creditors, or consumers of its services requires that the railroad be kept alive in some form, and that it cannot survive on its own. It is equally clear that the interim cash assistance offered under the Act is the only actual resource available.
For the reasons stated, this Court finds that the railroad cannot be reorganized on an income basis within a reasonable time and that the public interest requires reorganization under the Act. The foregoing constitutes the initial finding of this Court pursuant to Section 207(b) of the Regional Rail Reorganization Act of 1973.
It is so ordered.
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- Remover-Shortcut-virus-without-antivirus-from-USB,-PC
Wednesday, 26 February 2014
Trick to remove shortcut virus - How to ?
I think most of you people are very upset due to shortcut virus . As when it enters your PC or Laptops or your USB device you are unable to access your important documents. So I have put a solution to it .Here I will tell you how you can access your files that are effected from shortcut virus .
Manual method to remove shortcut virus :
How Shortcut Virus Works ?
It is vbs file that make shortcuts of all your files in pen-drive and then hide the original files .
You are unable to access all the files if you copy them in your PC or Laptop because these are shortcuts .
How you can access your original files ?
Follow these simple steps and you are done :-
Note : The most important thing before following the below steps is to first End Task named wscript.exe from Task Manager so that all your files are not converted into shortcuts.
Press Ctrl+shift+Esc to open Task Manager and then click on details and select wscript.exe and click on End Task.
Press Ctrl+shift+Esc to open Task Manager and then click on details and select wscript.exe and click on End Task.
Now steps to remove shortcut virus are as under -:
Step 1 : Simply open CMD by Clicking on Start > Run(or press windows button + R ), and then type cmd and click OK.
Step 2 : Now type name of your drive letter with colon and press Enter.
Example if it is G drive then type g:
Example if it is G drive then type g:
Step 3 : Now type attrib -s -r -h *.* /s /d /l and press Enter.
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You can now check your drive and all the files will be back. Hurray..!
Remain updated with Maven Scientists for more tricks.
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Other Popular Posts that our users read :
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41 ELDREDGE Street, Battle Creek 49037
See more homes for sale in Battle Creek, MI
This property has been Sold!
07/29/2016 at $89,000
Country amenities in the City! Contact Penny 269 579-2850 to view this ranch home with 1450 sq ft of open living space. Covered deck on the front and rear of home. Breakfast nook with windows on all sides opens to the galley kitchen and spacious living room. Large master bedroom and ample size second bedroom plus an office/den or nursery. New flooring throughout with the exception of the original hardwood that is in excellent condition. 3 lots total nearly half an acre of yard. Two car detached heated garage and a 24x40 stick built outbuilding with concrete and electric. Vinyl siding, updated electric, replacement windows and many recent updates. Matching dog house and kennel. Clean dry basement. A rare find with the outbuilding and yard but the convenient city location. Better not delay
Property Information
- Status
- Sold
- Address
- 41 ELDREDGE Street
- City
- Battle Creek
- Zip
- 49037
- County
- Calhoun
- Possession
- Negotiable
- Price Reduction
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March 5, 2013
JULIE DIAZ, PLAINTIFF,v.SAUCON VALLEY MANOR, INC. AND NIMITA KAPOORATIYEH, A/K/A NEMITA ATIYEH, A/K/A NEMO AIYAH,DEFENDANTS.
Plaintiff Julie Diaz alleges Defendants Saucon Valley Manor, Inc. ("Saucon") and Nimita Kapooratiyeh, a/k/a Nemita Atiyeh, a/k/a Nemo Aiyah ("Atiyeh") fired her because she suffers from an alcohol-related disability and requested a reasonable accommodation to attend an inpatient treatment program.*fn1 Saucon and Atiyeh (collectively, "Defendants") seek summary judgment on all counts, except Diaz' FMLA claim against Saucon. They argue that Diaz' claims under the ADA, PHRA, and Rehabilitation Act must be dismissed as a matter of law because Diaz has failed to present a prima facie case of discrimination, or show that Saucon's legitimate, non-discriminatory reasons for terminating her employment were a pretext. Defendants additionally argue that Diaz' FMLA claim against Atiyeh must be dismissed because Atiyeh cannot be subject to individual liability under the FMLA.
I deny Defendants' motion for partial summary judgment, but will enter judgment against Diaz on her retaliation claims unless she shows that judgment is not proper within twenty-one days of this decision.
Summary judgment is appropriate where "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). An issue is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A factual dispute is "material" if it "might affect the outcome of the suit under the governing law." Id.
Where there is only one reasonable conclusion from the record regarding the potential verdict under the governing law, summary judgment must be awarded to the moving party. See id. at 250. "If reasonable minds could differ as to the import of the evidence, however, a verdict should not be directed." Id. at 250-51. I must view the facts and any inferences from those facts in the light most favorable to the non-moving party. See Ray v. Warren, 626 F.3d 170, 173 (3d Cir. 2010).
A.Diaz' ADA and PHRA Discrimination Claims (Counts I and II)
1.Prima Facie Case
To establish a prima facie case of discrimination under the ADA and PHRA, Diaz must show: (1) she is disabled under the meanings of the acts; (2) she is qualified to perform the essential functions of the pertinent job, with or without reasonable accommodations by the employer; and (3) Saucon took an adverse employment action against her because of the discrimination. See 42 U.S.C. § 12112(a); 43 P.S. § 955(a); see also Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 306 (3d Cir. 1999); Kelly v. Drexel Univ., 94 F.3d 102, 105 (3d Cir. 1996) (PHRA claims are analyzed in same manner as ADA claims). This is not an onerous burden. See Decker v. Alliant Techs., LLC, 871 F. Supp. 2d 413, 425 (E.D. Pa. 2012).
Defendants seem to contend that Diaz cannot satisfy the third element of her prima facie case of discrimination because there is no evidence showing that Saucon treated "similarly situated" employees differently. Defs.' Bf. (doc. 19), at 11. Such evidence, however, is not required. Matczak v. Frankford Candy & Choc. Co., 136 F.3d 933, 939 (3d Cir. 1997) ("evidence of favorable treatment outside the protected class is not an element of a prima facie case"). Diaz needs to show only "that adverse employment actions occurred under circumstances that give rise to an inference of unlawful discrimination." Young v. St. James Mgmt., LLC, 749 F. Supp. 2d 281, 291 (E.D. Pa. 2010); see also Texas Dep't of Comm. Affairs v. Burdine, 450 U.S. 248, 253-54 (1981). This may be established by any evidence tending to show that Diaz' disability was a determinative factor in Saucon's decision to terminate her. See Decker, 871 F. Supp. 2d at 428; see also Watson v. Se. Penn. Transp. Auth., 207 F.3d 207, 214-15 (3d Cir. 2000).
Viewed in the light most favorable to Diaz, the evidence shows: (1) Diaz' supervisors knew of her alcoholism, Diaz Dep. at 101-02, 139; (2) Diaz was an "excellent" employee and received "excellent" scores on an evaluation six weeks before her discharge, Belcak Dep., at 93, Diaz Ex. G; (3) Diaz requested June 22, 2010 off for a court hearing, Diaz Dep., at 151;
(4) Diaz also requested medical leave for inpatient treatment in June 2010, id. at 130; Belcak Dep., at 23-24;
(5) Diaz' supervisor told Diaz that her medical leave would not be a problem and she did not need to fill out any paperwork until she received the exact dates of her treatment, Diaz Dep., at 135-36;
(6) Diaz' supervisor stated that Atiyeh, Saucon's president, had approved the leave, and she only needed to fax her treatment dates to Saucon, id. at 157;
(7) after her June 22, 2010 court hearing, Diaz informed her supervisor that her inpatient treatment would begin the next day, id. at 147-48;
(8) Atiyeh terminated Diaz on or around June 22, 2010, after hearing a rumor that Diaz was not at work, had been arrested for public drunkenness outside of the job, and was entering rehabilitation for 28 days, Atiyeh Dep., at 29, Diaz Ex. M;
(9) Saucon did not terminate another non-disabled employee after that employee's arrest, Hirsch Dep., at 53-54; Diaz Ex. S; and
(10) Diaz' arrest was unimportant to her work because it did not happen at Saucon, Atiyeh Dep., at 47.
A jury could reasonably infer from this evidence that Saucon terminated Diaz because of her alcohol-related disability, thereby establishing a prima facie case of discrimination under the ADA and PHRA. See Decker, 871 F. Supp. 2d at 428 (prima facie case of discrimination established where jury could reasonably infer that plaintiff's alleged perceived disability was a determinative factor in employer's termination decision).
2.Evidence of Pretext
Defendants next argue that even if Diaz can establish a prima facie case of discrimination, her claims must be dismissed because they have articulated legitimate, non-discriminatory reasons for her discharge, and she has failed to show that those reasons are a pretext for discrimination.
Once an employee has established a prima facie case of discrimination, the burden shifts to the employer to present "legitimate non-discriminatory reasons" for its actions. Decker, 871 F. Supp. 2d at 429; see also Krouse v. Am. Sterilizer Co., 126 F.3d 494, 500 (3d Cir. 1997). This burden is "relatively light: it is satisfied if the defendant articulates any legitimate reason" for the adverse employment action. Krouse, 126 F.3d at 500-01 (citing Woodson v. Scott Paper Co., 109 F.3d 913, 920 (3d Cir. 1997)). The employer also does not need to "prove the articulated reason actually motivated the [action]." Id.
If the employer meets this burden, the employee must show that the employer's proffered reason is solely a pretext for discrimination. See Krouse, 126 F.3d at 500-01; Decker, 871 F. Supp. 2d at 429. An employee "can show pretext, and so defeat a motion for summary judgment," by presenting direct or circumstantial evidence to discredit the employer's proffered reasons. Decker, 871 F. Supp. 2d at 429. "This can be accomplished by demonstrat[ing] such weaknesses, implausibilities, inconsistencies, or contradictions in the employer's proffered reasons for its action that a reasonable factfinder could rationally find them 'unworthy of credence' . . . and hence infer 'that the employer did not act for [the asserted] nondiscriminatory reasons.'" Id. (citing Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir. 1994)).
Defendants assert Saucon had legitimate, non-discriminatory reasons to terminate Diaz based on her: (1) arrest for public drunkenness, (2) failure to show up for work, and (3) flagrant violation of Saucon's policies. See Defs.' Bf., at 13-14. They further contend there is "no evidence demonstrating these legitimate, non-discriminatory reasons were pretextual." Id. at 14.
Diaz points to evidence that casts doubt on each of Defendants' articulated reasons. Diaz initially contends her arrest for public drunkenness was not a legitimate reason for her discharge because Atiyeh testified her arrest was unimportant.*fn2 See Diaz Bf. (doc. 21), at 30; Atiyeh Dep., at 47. Diaz also disputes Defendants' claim that she was terminated for not showing up to work by pointing to evidence demonstrating that: (1) she lacked a history of being late or calling out of work; (2) she requested June 22, 2010 off to attend her court hearing; and (3) she had requested and received approval for medical leave to attend inpatient treatment in June 2010. See Diaz Bf., at 31-33; see also Diaz Ex. T; Diaz Dep., at 130, 135-36, 147-48, 151, 157; Belcak Dep., at 23-24. Defendants also fail to identify what Saucon policy Diaz "flagrantly violated." Defs.' Bf., at 14. However, to the extent Defendants are claiming Diaz violated Saucon's attendance policy, Diaz maintains she followed the policy by providing notice and obtaining approval for her June 2010 absences. See Diaz Bf., at 32-33.
This evidence raises disputed issues of fact as to whether Diaz' termination was for the legitimate, non-discriminatory reasons alleged by Saucon. See Smith v. Davis, 248 F.3d 249, 252 (3d Cir. 2001) (summary judgment improper where record did not show what policy employee allegedly violated); Decker, 871 F. Supp. 2d at 429-30 (denying summary judgment where evidence cast doubt on employer's reasons for termination). Summary judgment, therefore, is denied on Diaz' ADA and PHRA discrimination claims.
B.Diaz' Failure to Accommodate Claims Under the ADA, PHRA, and Rehabilitation Act (Claims III, IV, and VI)
Because Defendants do not present any argument specifically addressing Diaz' failure to accommodate claims,*fn3 summary judgment is denied on these claims. See Fed. R. Civ. P. 56(a) (court shall grant summary judgment only if movant shows no genuine issue of material fact and entitled to judgment as matter of law).
C. Diaz' ADA and PHRA Retaliation Claims (Claims III and IV)
Defendants' argument concerning Diaz' retaliation claims appears to encompass two sentences. First, Defendants summarily argue that Diaz has failed "to establish that [Saucon] retaliated against her." Defs.' Bf., at 13-14. Second, Defendants claim that Diaz has "produced no evidence to show that her termination was causally related to her engaging in protected activity under the Rehabilitation Act." Id. at 13.
Defendants' argument addresses a retaliation claim under the Rehabilitation Act, but Diaz has not brought such a claim. See Am. Comp. (doc. 6), ¶¶ 79-82. Her retaliation claims are solely based on the ADA and PHRA. See id.¶¶ 60-69. Therefore, to the extent Defendants are seeking summary judgment for a retaliation claim under the Rehabilitation Act, their request is denied.
I also cannot grant summary judgment now on Diaz' retaliation claims under the ADA and PHRA because Defendants have failed to present any reasons why these claims must be dismissed. See Fed. R. Civ. P. 56.
Nevertheless, Diaz' retaliation claims appear to be legally flawed. The ADA and PHRA contain nearly identical retaliation provisions that prohibit employers from discriminating against an individual if she: (1) "opposed any act or practice made unlawful by [the ADA]," or (2) has "made a charge . . . under [the ADA]" 42 U.S.C. § 12203(a); see also 42 P.S. § 955(d) (similar provisions with references to the PHRA). These provisions have been interpreted as requiring a plaintiff to show the following for a prima facie case of retaliation: "(1) statutorily protected expression; (2) adverse action; and (3) a causal connection between the protected expression and the adverse action." Stewart v. Happy Herman's Chesire Bridge, Inc., 117 F.3d 1278, 1287 (11th Cir. 1997); Krouse, 126 F.3d at 500.
Diaz' retaliation claim is based on her "request for an accommodation." Am. Comp., Counts III, IV. Such a request is not "statutorily protected expression" under the ADA and PHRA, which expressly protect only: (1) opposition to an unlawful practice under the ADA or PHRA, or (2) the filing of a charge under the ADA or PHRA. See 42 U.S.C. § 12203(a); 42 P.S. § 955(d); see also Shellenberger v. Summit Bancorp., Inc., 318 F.3d 183, 188 (3d Cir. 2003) (ADA retaliation provision makes it "unlawful for an employer to retaliate against an employee based upon the employee's opposition to anything that is unlawful under the ADA"); Curay-Cramer v. Ursuline Acad. of Wilmington, Del., Inc., 450 F.3d 130, 134-35 (3d Cir. 2006) (discussing retaliation under Title VII as protecting employees only when they participate in statutory review process or otherwise oppose illegal activities under Title VII).
Accordingly, I will enter judgment against Diaz on her retaliation claims unless she establishes that judgment should not be granted within twenty-one days of this decision. See Fed. R. Civ. P. 56(f) (court may grant summary judgment on grounds not raised by a party after giving notice and a reasonable time to respond).
D. Diaz' FMLA Claim Against Atiyeh (Count V)
Defendants finally argue that Diaz' FMLA claim against Atiyeh must be dismissed because Atiyeh lacked sufficient control over Diaz' employment and did not know that Diaz requested a leave of absence.
The FMLA entitles "employees to take reasonable leave for medical reasons," and makes it unlawful for "an employer" to "interfere with, restrain, or deny" an employee's right to take this leave. 29 U.S.C. §§2601(b)(2), 2615(a)(1). An employer, for purposes of the FMLA, may include "any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer." Id. § 2611(4)(A)(ii)(I).
Such a person also may be individually liable for violating the FMLA if she "exercises 'supervisory authority over the complaining employee and was responsible in whole or in part for the alleged violation' while acting in the employer's interest." Hayberger v. Lawrence Co. Adult Prob. & Parole, 667 F.3d 408, 417 (3d Cir. 2012) (citing Riordan v. Kempiners, 831 F.2d 690, 694 (7th Cir. 1987)). In determining whether a person with supervisory authority was acting on behalf of the employer, I must examine the totality of the circumstances, including whether the person: (1) had the power to hire and fire the employee; (2) supervised and controlled employee work schedule or conditions of employment; (3) determined the rate and method of payment; and (4) maintained employment records. See id. at 418 (citing Herman v. RSR Sec. Servs., 172 F.3d 132, 139 (2d Cir. 1999)).
Defendants recognize that Atiyeh, as Saucon's president, had the power to hire and fire Saucon's employees and that she fired Diaz. Defs.' Bf., at 7. Defendants nevertheless contend Atiyeh cannot be individually liable for Diaz' termination under the FMLA because she did not supervise Diaz. Undisputed testimony, however, establishes that Atiyeh was involved in supervising all Saucon's employees, including Diaz.
Atiyeh acknowledged that she was "very hands-on" at Saucon and "always responsible for [her] employees." Atiyeh Dep., at 8. Consistent with this testimony, Atiyeh stated she is on call at all times and is aware when accommodations are made for employees. Id. at 12. Diaz further testified that her supervisor told her that Atiyeh had approved her request for a leave of absence. Diaz Dep., at 157. Based on this evidence and Atiyeh's firing of Diaz, a jury could reasonably conclude that Atiyeh had supervisory authority over Diaz and was responsible for Diaz' firing. This evidence also creates an issue of material fact as to whether Atiyeh knew about Diaz' request for a leave of absence.
Summary judgment is denied on Diaz' FMLA claim against Atiyeh. An appropriate order follows.
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