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Wednesday, August 24, 2016
"Waiting On" Wednesday: Fractured
"Waiting On" Wednesday is a weekly event, hosted here, that spotlights upcoming releases that we're eagerly anticipating.
This week's pre-publication "can't-wait-to-read" selection is:
By Catherine McKenzie
Publication Date: October 4
From Amazon:
Julie Prentice and her family move across the country to the idyllic Mount Adams district of Cincinnati, hoping to evade the stalker who's been terrorizing them ever since the publication of her bestselling novel, The Murder Game. Since Julie doesn't know anyone in her new town, when she meets her neighbor John Dunbar, their instant connection brings measured hope for a new beginning. But she never imagines that a simple, benign conversation with him could set her life spinning so far off course.
What's your "waiting on" pick this week?
Want to participate? Grab the logo, post your own WoW entry on your blog, and leave your link below!
32 comments:
- Vi Ebner said...
The backtext sounds promising. Hope you enjoy.
Best wishes
Vi @ Gone With The Books
- August 24, 2016 at 2:27 AM
- Laura said...
Sounds interesting and like it's a bit of a thriller. Hope you enjoy it!
- August 24, 2016 at 3:01 AM
- Book Blather said...
Oh Romantic Suspense! This sounds perfect!
- August 24, 2016 at 3:57 AM
- Lisa Mandina said...
The cover to that one is really great!
- August 24, 2016 at 7:44 AM
- Angie @ BadassBookReviews said...
Love that blurb! Nice pick.
- August 24, 2016 at 8:25 AM
- Elle @ Perusing Pages said...
I love a good suspense, and this one sounds amazing. I'm assuming it's a series though or somewhat connected, like Alex Cross? I will have to look up this author.
- August 24, 2016 at 11:40 AM
- Jessamine Julian said...
That looks like it will be a great read!
- August 24, 2016 at 7:50 PM
- AngelErin said...
Nice pick. Sounds like an interesting one!
- August 31, 2016 at 6:51 AM
- Laura said...
Sounds like a good suspense/thriller. Hope you enjoy it! I'll have to check it out.
- August 31, 2016 at 10:05 AM
- Cheryl said...
Sounds like a fabulous book. Great pick!
- September 7, 2016 at 7:15 AM
- Isa B. said...
Sounds like a great book.
Mikku-chan @mikkuchan.wordpress.com
- September 9, 2016 at 1:36 PM
- Angela ReadingCave said...
Are you okay? Haven't seen you around lately.
- September 14, 2016 at 3:58 AM
- Jill said...
Sounds like a great concept for a thriller. Willard@willardandthebean
- September 14, 2016 at 5:06 AM
- Holly said...
Fellow blogger checking in on you. It's been 3 weeks now that you've not had a WOW link up so now I'm growing concerned for you. Praying all is well.
Holly @ Words Fueled by Love
- September 14, 2016 at 6:29 AM
- Chantale E said...
Such a great idea!! Happy to be a part of it.
- September 14, 2016 at 12:14 PM
- amongtheauthors.com said...
Looks like an interesting read! So many creepy things have been happening around Ohio lately that I'm sure it will amp up the suspense in this book.
- September 14, 2016 at 1:39 PM
- Isa B. said...
It's been a while since you've posted an entry... Everything okay?...
Mikku-chan @ Mikku-chan / A world full of words
- September 14, 2016 at 2:40 PM
- Jessica L. Brooks (coffeelvnmom) said...
Oh goodness, this sounds very dramatic! Thanks for sharing!
- September 14, 2016 at 3:21 PM
- Maria Behar said...
Jill, are you okay? We haven't had a WOW post from you in three weeks. Some of us are getting concerned about you. Could you please let us know how everything's going with you? Are you going to stop hosting this meme? Please tell what's going on, as soon as you possibly can, okay? I'm praying that you're all right.... I LOVE this meme, but if you can't go on with it, well, your health is MUCH more important! Please let us know how you are! Hugs!! <3 :)
- September 15, 2016 at 10:38 PM
- Cheryl said...
I've heard about this book. Sounds fabulous. Hope all is well.
- September 21, 2016 at 12:03 AM
- AngelErin said...
Hey Jill, haven't seen a WoW post in a while. I hope everything is okay and you're doing well. <3
- September 21, 2016 at 6:41 AM
- Tammy Sparks said...
Hi Jill, I hope everything is OK. I'm worried that there hasn't been a new link up for a while. Hope all is well and you're just taking a break.
- September 21, 2016 at 8:37 AM
- Renee said...
Sounds good. Hope you enjoy it!
- September 21, 2016 at 11:04 AM
- vvb32 reads said...
Yes, curious and concerned. Hope all is well and just the busy of life is going on.
- September 21, 2016 at 12:32 PM
- Isa B. said...
Okay... no new entry so far from you...
- September 21, 2016 at 2:53 PM
- Wren Reviewer said...
I've just posted my first Waiting on Wednesday! This is a really neat feature and I'm glad to have found it!
Wren @ http://fortheloveofbooksreviews.blogspot.ca
- September 21, 2016 at 8:17 PM
- deesbookblog.com said...
better late than never getting my post up - can't wait to click through peoples links and see what they can't wait to read (oh my poor TBR)
- September 21, 2016 at 8:49 PM
- Lillian McCurry said...
Like everyone else....worried about you Jill! Hope all is well.
- October 5, 2016 at 8:48 AM
- Renee said...
Sounds intriguing ~ Hope you enjoy it!
- October 12, 2016 at 6:25 AM
- Marcelina Meler said...
I also just posted my first Waiting for Wednesday post( it can be found here for all interested)https://bookbackedblog.wordpress.com/2016/10/12/waiting-on-wednesday/ , and it's filled with my most anticipated book of early 2017! This is a brilliant idea for a tag, and as with everyone I hope that you are doing ok Jill!
- October 12, 2016 at 2:00 PM
- vvb32 reads said...
Wishing you well.
- October 12, 2016 at 2:49 PM
- Vi Ebner said...
Hope you are ok, since there was no post from you in months. Am a bit concerned and hope it is nothing bad that keeps you from posting.
Best wishes
Vi @ Gone With The Books
- November 30, 2016 at 1:09 PM


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April 17, 2008
DOROTHY DAVIS, PLAINTIFF,v.WELLS FARGO BANK, PARAGON FINANCIAL CORP., D/B/A PGNF HOME LENDING CORP., AND LITTON LOAN SERVICING, DEFENDANTS.
Marvin E. Aspen, District Judge
Dorothy Davis ("Davis") filed an eight-count amended complaint against Wells Fargo Bank ("Wells Fargo"), Paragon Financial Corporation ("Paragon"), and Litton Loan Servicing ("Litton"), alleging various federal and state law claims. Before us is a motion from Litton and Wells Fargo (collectively "the Defendants") to dismiss each of Davis's claims.*fn1 For the reasons set forth below, Defendants' motion is granted in part and denied in part.
Davis is an elderly, African-American widow. (Amended Compl. at ¶ 14.) At all times relevant to this litigation she resided in the single family home that she owned in Kankakee, Illinois. (Id.) On or about September of 1999, Larry Turner ("Turner"), a neighbor's repairman, approached Davis and pointed out repairs that he thought she should complete on her garage and house. (Id. at ¶ 18.) In order to pay for the repairs, Turner offered to arrange a new home loan for Davis at a better rate than she was paying on her current mortgage. (Id. at ¶ 19.)
Turner arranged a loan for Davis with "Mortgage Express."*fn2 (Id. at ¶ 21.) Davis alleges that on September 23, 1999, Turner came to her house with Frank Saenz ("Saenz"), a Mortgage Express agent, in order to close the loan. (Id. at ¶ 23.) At the closing Davis objected to the terms of the loan, but she alleges that Turner strongly pressured her to sign the loan papers, which she did without reading or knowing their terms. (Id. at ¶ 24.) The new mortgage on Davis's house was for $87,550 including settlement charges of $32,916.10. (Id.) Turner and Saenz left without giving Davis copies of the papers she had signed. (Id.)
Davis alleges that on the date of the loan closure, Mortgage Express assigned her mortgage to The Provident Bank ("Provident") (Id. at ¶ 2) and that on the same day, Provident transferred her mortgage to Wells Fargo. (Id. at ¶ 48.) Then, at some point, Wells Fargo allegedly contracted with Litton to service the mortgage. (Id. at ¶¶ 6, 11.)
Plaintiff's first contact with Litton was through a loan-modification agreement dated September 28, 2005. (Id. at ¶ 7.) According to the complaint, this agreement may have arrived six months before Wells Fargo was assigned the mortgage. (Id.) However, the complaint also alleges that Paragon assigned the mortgage to Wells Fargo on September 23, 1999, the same date as the loan closing. (Id. at ¶ 48.)
Since its inception, the mortgage has been the subject of multiple suits. On March 23, 2001, Davis sued Long Beach Mortgage Company (apparently the owner of Davis's original mortgage, before she refinanced with Mortgage Express), Mortgage Express, and Personal Mortgage, Inc. in this court, alleging various federal and state causes of action relating to the origination of her mortgage with Paragon. (Id. at ¶ 1.) See Davis v. Long Beach Mortgage Co., No. 1:01-cv-02059 (N.D. Ill. Mar. 23, 2001) (complaint). On August 21, 2001, Davis's motion for voluntary non-suit was granted and her action was dismissed without prejudice. Davis v. Long Beach Mortgage Co., No. 1:01-cv-02059 (N.D. Ill. Aug. 21, 2001) (order granting voluntary non-suit).
On September 5, 2001, Davis re-filed her complaint in Kankakee County, Illinois and her case went to trial on February 14, 2007. (Compl. at ¶ 9.) Davis received a $136,500 judgment against Paragon for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. (Id.) Neither Wells Fargo nor Litton were party to the Kankakee County suit. (Id.)
While the Kankakee County case was pending, a foreclosure action was filed against Davis in the Kankakee County Court, Chancery Division. (Id. at ¶ 4.) Davis responded to the foreclosure with affirmative defenses based on Illinois law. (Id. at ¶ 5.) On January 18, 2007, Wells Fargo petitioned to substitute itself as the plaintiff in this foreclosure action and to sever Davis's affirmative defenses related to the closing costs of her mortgage. (Id. at ¶ 8.) This motion was granted.*fn3 (Id.)
Davis now alleges additional wrongful action by Litton and Wells Fargo since the Kankakee County verdict. According to the complaint, after that verdict, Davis received a payoff statement from Litton and Wells Fargo demanding payment of $157,497.27. (Id. at ¶ 11.)
Davis alleges that this payoff statement included demands for closing and settlement fees which were found to be illegal in the Kankakee County trial. (Id.)
Based on these facts Davis brings a seven-count complaint alleging*fn4 that the loan was unconscionable ("Count 1"); that the Defendants engaged in fraud ("Count 2"); that the Defendants violated Home Ownership Equity Protection Act ("HOEPA"), 15 U.S.C. § 1639 ("Count 3"); a violation of the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq. ("Count 4"); a violation of the Equal Credit Opportunity Act ("ECOA"), 15 U.S.C. § 1691 et seq. ("Count 5"); that the Defendants violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961--1968 ("Count 6"); and violations of the Fifth Amendment to the U.S. Constitution ("Count 7").*fn5 Defendants now move to dismiss each count as barred by the applicable statutes of limitations, res judicata and claim splitting, and for failure to state a claim.
STANDARD OF REVIEW*fn6
The purpose of a motion to dismiss under 12(b)(6) is to test the sufficiency of the complaint, not to decide the merits of the case. Gibson v. City of Chicago, 910 F.2d 1510, 1520 (7th Cir. 1990). Accordingly, a court may grant a motion to dismiss under Federal Rule of Procedure 12(b)(6) only if a complaint lacks "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1974 (2007); see also Killingsworth v. HSBC Bank Nev., N.A., 507 F.3d 614, 618-19 (7th Cir. 2007); EEOC v. Concentra Health Servs., Inc., 496 F.3d 773, 776-77 (7th Cir. 2007). A sufficient complaint need not give "detailed factual allegations," but it must provide more than "labels and conclusions, and a formulaic recitation of the elements of a cause of action." Twombly, 127 S.Ct. at 1964-65; Killingsworth, 507 F.3d at 618-19. These requirements ensure that the defendant receives "'fair notice of what the . . . claim is and the grounds upon which it rests.'" Twombly, 127 S.Ct. at 1964 (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 102 (1957)); see also Fed. R. Civ. P. 8(a). In evaluating a motion to dismiss, we must accept all well-pleaded allegations in the complaint as true and draw all reasonable inferences in plaintiff's favor. Thompson v. Ill. Dep't. of Prof'l Reg., 300 F.3d 750, 753 (7th Cir. 2002).
The Defendants argue that we should dismiss each count under the applicable statutes of limitations, res judicata and claim splitting, and for failure to state a claim. We will address each of these arguments below.
A. Statute of Limitations
First, the Defendants argue that each count is time barred by relevant state and federal statutes of limitation. Davis does not dispute that she filed her action more than seven years after entering into the loan now owned by Wells Fargo, nor that the statutory period for each claims is between one and five years. Counts 1 (unconscionability) and 2 (fraud) have five year statutes of limitations. 735 ILCS 5/13-205. Count 3 (HOEPA) has a one year statute of limitations for monetary damages, 15 U.S.C. § 1640(e), and a three year statute of limitations for rescission, 15 U.S.C. § 1635(f). Counts 4 (FHA) and 5 (ECOA) have two year statutes of limitations. 42 U.S.C. § 3613(a)(1)(A) (FHA); 15 U.S.C. § 1691e(f) (ECOA). Count 6 (RICO) has a four year statute of limitations. Agency Holding Corp. v. Malley-Duff & Assocs., 483 U.S. 143, 156, 107 S. Ct 2759, 2767 (1987).
Statutes of limitations serve as affirmative defenses-because plaintiffs need not include responses to affirmative defenses in their complaints, such affirmative defenses may only support a motion to dismiss "when the plaintiff pleads itself out of court-that is, admits all the ingredients of an impenetrable defense." Xechem,372 F.3d at 901; see also Walker v. Thompson, 288 F.3d 1005, 1009 (7th Cir. 2002) ("[W]hen the existence of a valid affirmative defense is so plain from the face of the complaint that the suit can be regarded as frivolous, the district judge need not wait for an answer before dismissing the suit.").
Davis argues, however, that the Seventh Circuit's requirement that the statute of limitations does not present an "impenetrable defense" because her allegations represent a single, continuous violation of the law. Under both Illinois and federal law, statutes of limitations may be held in abeyance for such continuous violations.
I. Illinois Continuing Violation Analysis
Under Illinois law, for the doctrine of continuing violation to apply, violations must be so "continuous and unbroken . . . as to constitute one continuing wrong." Belleville Toyota, Inc. v. Toyota Motor Sales, 199 Ill.2d 325, 346-49, 770 N.E.2d 177, 191-93 (Ill. 2002). For example, the Belleville court refused to find a continuing violation in repeated violations of the Illinois Motor Vehicle Franchise Act because each offense "was the result of discrete decisions" rather than a single decision to engage in a repeated and long-term violations of the law. Id. at 348; see also Evans v. City of Chi., 434 F.3d 916, 934-35 (7th Cir. 2006) (in § 1983 claim, continuing violation does not extend beyond the most recent interaction between the plaintiff and defendant police officers); but see Feltmeier v. Feltmeier, 207 Ill.2d 263, 280, 798 N.E.2d 75, 86 (Ill. 2003) (spousal abuse over a twelve year period constitutes a single, continuing violation, rather than many distinct violations). Like the violations in Belleville, the origin of Davis's mortgage, the proposed loan-modification, and the demand for payment are the results of discrete decisions, in this case discrete decisions by different parties. These allegations are not directly connected by single decisions made by the Defendants, nor are they sufficiently "continuous and unbroken" to satisfy the Belleville standard. Thus, Davis's detailed complaint forecloses application of the Illinois continuing violation doctrine to Counts 1 and 2.
ii. Federal Continuing Violation Analysis
Federal common law adopts a slightly different standard, allowing consideration of a continuing violation "when it would be unreasonable to require or even permit [the plaintiff] to sue separately over every incident of the defendant's unlawful conduct." Heard v. Sheahan, 253 F.3d 316, 319 (7th Cir. 2001) (period during which inmate was denied treatment for his hernia constitutes a continuing violation, rather than a series of independent denials of treatment because it would be unreasonable to require or allow a different suit for each day that he was denied care); see also Filipovic v. K & R Sys., Inc., 176 F.3d 390, 396 (7th Cir. 1999) (harassment and name-calling over a thirteen year period do not constitute a continuing violation because any pattern was evident within the statutory period, thus it is reasonable to require the plaintiff to file suit then); cf. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 2072 (2002) (allowing lower federal courts to apply equitable tolling doctrines in employment discrimination cases "sparingly" and reversing the Ninth Circuit's application of the continuing violation doctrine). Unlike the denial of treatment considered in Heard, it would not be unreasonable to permit Davis to instigate separate suits based on the origin of the loan, the later modification agreement, and the demand for payment. In fact, the Kankakee County Court did conduct a trial solely related to the origination of the loan. That Davis litigated the suit in Kankakee County before Litton had proposed the loan modification or demanded payment is also strong evidence that it is reasonable to require her to litigate these latter actions separately. Because it is not unreasonable to require or allow her to engage in litigations regarding those claims separately, the federal continuing violation doctrine does not apply and the relevant federal statutes of limitations thus apply to Counts 3, 4, 5, 6, and 7.
This does not end the inquiry. Even if all of Davis's allegations may not be considered as a continuing violation, "[e]ach discrete act with fresh adverse consequences starts its own period of limitations." Xechem, 372 F.3d at 902. Davis's complaint includes some recent allegations that fall within the relevant statutes of limitations. Specifically, she identifies three such recent events: (1) She received a proposed loan-modification agreement from Litton dated September 28, 2005, one that she alleges Litton was not authorized to execute; (2) Wells Fargo identified itself as the owner of her mortgage for the first time on January 18, 2007; and (3) In March, 2007, Litton unlawfully demanded that she pay off the loan and fees found to be illegal in the Kankakee County Court. To the extent that these recent allegations fit within the claim- specific statutes of limitations, Davis may use them to state her claims. Thus, none of Davis's counts may be dismissed based on the statutes of limitations alone.
B. Sufficiency of Allegations
Because none of Davis's claims may be dismissed based solely on the relevant statutes of limitations, the sufficiency of the allegations must be considered for each count. However, for each count, only events occurring within the relevant statutory periods need be considered. Counts 1, 2, 4, 5, and 6 each have statutory periods of two or more years. These counts may be supported by any of the three recent allegations in Davis's complaint: That Litton sent her a proposed loan-modification agreement dated September 28, 2005, that Wells Fargo identified itself as the owner of her mortgage for the first time on January 18, 2007, and that in March, 2007 Litton demanded that she pay off the loan. Monetary damages under Count 3 have a statute of limitations of one year, and thus may only be supported by the two most recent allegations.
I. Count 1: Unconscionability
To state a claim for unconscionability, Illinois law requires plaintiffs to allege either "some impropriety during the process of forming the contract depriving a party of a meaningful choice," or contract terms that are "inordinately one-sided in one party's favor." Kinkel v. Cingular Wireless, 223 Ill. 2d 1, 22-39, 857 N.E.2d 250, 264-73 (Ill. 2006) (quoting Razor v. Hyundai Motor Am., 222 Ill. 2d 75, 100, 854 N.E.2d 607, 622 (Ill. 2006)). Davis's allegations that fall within the relevant five-year statute of limitations do not include formation of a contract, and thus may not state a claim for unconscionability.
ii. Count 2: Fraud
Similarly, Davis's allegations that are not barred by the five year statute of limitations fail to state a claim for fraud. Under Illinois law, fraud requires a false statement upon which the plaintiff relied to her detriment. Bd. of Educ. of City of Chi. v. A, C & S, Inc., 131 Ill. 2d 428, 452, 546 N.E.2d 580, 591 (Ill. 1989); Fox v. Heiman, 375 Ill. App. 3d 35, 47, 872 N.E.2d 126, 138 (1st Dist. 2007). While Davis's allegation that Wells Fargo did not identify itself as the owner of her mortgage until January 18, 2007 could constitute a false statement, she does not allege that she relied to her detriment on any statements as to who was the true owner of her mortgage. Any other allegations that could state a claim for fraud fall outside of the five year statute of limitations. Thus, Count 2 is dismissed.
iii. Count 3: HOEPA
HOEPA requires that creditors provide disclosures before completing certain mortgage transactions. 15. U.S.C. § 1639; see also Cunningham v. Nationscredit Fin. Svcs., 497 F.3d 714, 717 (7th Cir. 2007) ("HOEPA . . . requires lenders to make . . . disclosures to borrowers of 'high-cost' or 'high-rate' loans.").*fn7 Davis alleges that the Defendants failed to make these disclosures at her loan closing on September 23, 1999. As indicated above, HOEPA claims have a one year statute of limitations for monetary damages, 15 U.S.C. § 1640(e), and a three year statute of limitations for rescission, 15 U.S.C. § 1635(f). Davis does not allege that she closed a mortgage transaction within either of these periods, thus her allegations cannot support her HOEPA claim.
iv. Count 4: FHA
The FHA makes it unlawful to "discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(b). Davis alleges that after she received a favorable verdict in the Kankakee County Court on February 14, 2007, Litton and Wells Fargo demanded payment of $157,497.27, the full value of her mortgage. She further alleges that this action, and other time-barred actions, were discriminatory on the basis of her race.
Whether Davis has stated a claim under the FHA depends on whether Litton's demand for payment qualifies as "the provision of services" under 42 U.S.C. § 3604(b). The most common application of the word "services" within the statute has been to "services generally provided by governmental units." Southend Neighborhood Improvement Ass'n v. Cty of St. Clair, 743 F.2d 1207, 1210 (7th Cir. 1984) (considering tax administration to be outside of the "services or facilities" language because it is not sufficiently like police or fire services traditionally included in the statute); see also Campbell v. City of Berwyn, 815 F. Supp. 1138, 1143-44 (N.D. Ill. 1993) (racial discrimination in provision of police protection is sufficient to state a claim under the FHA). However, the Seventh Circuit has taken a broad reading of Section 3604(b) that goes beyond police and fire services. In NAACP v. American Family Mutual Insurance, the Seventh Circuit applied the word "services" in Section 3604(b) to insurance providers, interpreting the passive construction of the statute to include discriminatory provision of services generally, not merely government entities. 978 F.2d 287, 299-300 (7th Cir. 1992); see also Nat'l Fair Hous. Alliance v. Prudential Ins. Co. of Am., 208 F. Supp. 2d 46, 57 (D.C.C. 2002) (including insurance under the rubric of "provision of services"); Nationwide Mut. Ins. Co. v. Cisneros, 52 F.3d 1351, 1358 (6th Cir. 1995) (same); contra Mackey v. Nationwide Ins. Cos., 724 F.2d 419, 424 (4th Cir. 1984) (insurance redlining is not prohibited by the FHA). The Seventh Circuit's broad reading of Section 3604(b) and its application to insurance services suggests that 3604(b) is broad enough to encompass discriminatory services in administering a mortgage. Because Davis has alleged discrimination in the administration of her mortgage, the Defendants' motion is denied with respect to plaintiff's FHA claim arising out of events within the two year statute of limitations established by 42 U.S.C. § 3613(a)(1)(A).
v. Count 5: ECOA
ECOA makes it "unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . on the basis of race." 15 U.S.C. § 1691(a). In order to state a claim under this statute, a plaintiff must allege that she was an "applicant", and that a creditor treated her less favorably on the basis of her race. Gallegos v. Rizza Chevrolet, Inc., No. 03 C 4237, 2003 WL 22326523, at *2 (N.D. Ill. Oct. 9, 2003) (explaining requirements for stating a claim under ECOA); see also Moran Foods, Inc. v. Mid-Atlantic Mkt. Dev., 476 F.3d 436, 441 (7th Cir. 2007) (dismissing ECOA claim because guarantor did not qualify as an applicant). The statute defines "applicant" as "any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit." 15 U.S.C. § 1691a(b). Davis's allegations that fall within ECOA's two-year statute of limitations, however, do not include any allegations that she applied to a creditor for an extension, renewal, or continuation of credit. Thus Davis's non-time barred allegations do not show that she qualifies as an "applicant" under the statute and her ECOA claim is dismissed.
vi. Count 6: RICO
To state a RICO claim, a plaintiff must identify an enterprise that has engaged in a pattern of racketeering activity. Jennings v. Emry, 910 F.2d 1434, 1438-39 (7th Cir. 1990); Limestone Dev. Corp. v. Vill. of Lemont, 473 F. Supp. 2d 858, 872 (N.D. Ill. 2007). To establish a pattern, a plaintiff must allege at least one of the acts listed in 18 U.S.C. § 1961(1). Jennings, 910 F.2d at 1438. Davis's complaint, however, does not allege any of the predicate acts established by the statute.*fn8 Davis's complaint simply states, in a conclusory fashion, that the Defendants' actions constitute a pattern of racketeering activity, without identifying which predicate acts the Defendants have engaged in. The Seventh Circuit faced just such a conclusory allegation in Jennings where the plaintiff stated that the defendants had engaged in a pattern of racketeering activity without identifying any of the necessary predicate acts. Id. at 1439. The Court affirmed the dismissal of the complaint for failing to include any allegations that would support the RICO claim. Similarly, Davis's allegations do not include any allegations that the Defendants engaged in any of the necessary predicate acts, and so can not support her RICO claim.
For the reasons discussed above, Defendants' motion to dismiss is denied in part as to Plaintiff's FHA claim, and granted as to all other counts. It is so ordered.
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text:
39 Weeks
Baby is the size of a watermelon
|Shirt: Anthro (similar), Skirt: F21 (similar)
Body Changes: I'm down two lbs. this week. This brings my total weight gain to about 26-27 lbs. I'm feeling good about being in the recommended range, and I know I"m a size bigger in the bottom half of my body so I can plan on squats and running in about six weeks! I'm so glad fitness has been a part of this pregnancy and I'm hoping it helps with labor quite a bit!
I went to a chiropractor/physical therapist who helped adjust me and stretch and do some exercises to induce labor and dilation naturally. The baby dropped a few inches, but my doctor confirmed the following day no changes with my body. I guess it took a lot of fake hormones to get pregnant- I should expect a lot of fake hormones to get the baby out. I am grateful c-section is currently off the table unless something goes wrong with induction or baby before the big day.
Sleeping: Hit or miss- I've had some insomnia this week and nights I've woken up with headaches or back aches so strong I couldn't sleep. I've also slept through the entire night like a log a few nights. My body can't decide if it's exhausted or too excited to sleep!
Dream of the week: Suddenly dinosaurs returned to the earth, and decided they wanted to kill all the men, but keep the women around. I spent my days hiding Jacob from them and acting like a gross homeless person so they didn't pay much attention to me. Sometimes I wonder if pregnancy hormones have the same impact smoking crack has...
Fitness: Walking every morning, and trying to fit in several at night too! I've almost made it this whole pregnancy, and I even had my first walk outside in months this morning. I love it's cooling down, and I can't wait to start walking with the little man soon!
Baby Update:
He was pretty mellow during this week's ultrasound. He looked right at me and I got to see his face, which I think it pretty cute and developed! He's still breathing like a champ and looking healthy. He was all about his hands today too- trying to shove both in his mouth at once. I'm hoping that means he's going to be one great eater and nursing will come easy!
It's amazing to me that we're in our final days and we'll meet him so soon! I know a lot of pieces of pregnancy haven't been so fun, but I am still grateful every day for this experience! Even if it took years for this to happen, lots of money, lots of extra doctor appointments, and it's looking like a harder labor than I thought, I wouldn't trade this for the world and truly am amazed how quickly time has passed with this pregnancy!
Next pregnancy update will be a birth announcement- so thanks for sticking with me through this journey!


text:
Better understanding of biomechanics, improvements in technology, and new knowledge of the disease process in the spine have led to rapid advances in spinal instrumentation. This book is your complete guide to all contemporary forms of spinal implant systems. It not only highlights the newest devices, but also gives you the clinical guidelines you need to choose and apply the best implant for any surgical situation.
DETTAGLI PRODOTTO torna su
Titolo: Spinal Instrumentation - Surgical Techniques
Autori: Kim - Vaccaro - Fessler
Editore: Thieme
Volume: Unico
Edizione: 2005
Lingua: Inglese
Finitura: Copertina rigida
Pagine: 1408


text:
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The Taylor Morrison Nottingham, which has the look of a manor in old England, holds 5 bedrooms, including a downstairs master suite and guest suite also on the main level. Both the kitchen and nook are open to an airy family room, where sunlight streams in through windows that reach up to the soaring two-story ceiling. The remaining three bedrooms with walk-in closets are located near two full baths. Also upstairs is a large game room and media room for leisure time fun for the kids or with friends.
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text: Jailbroken ipod have skype. got backgrounder to run skype in background. got screen dimmer to prevent loss of wireless so the screen will go off with no locking. my final problem is that with my mic plugged in it automatically thinks there is earphones plugged in. is therean app that i can change the automatic audio output to the ipod speaker regardless of what is plugged in?


text:
Ukrainian Baked Stuffed Tomatoes With Gravy
Total Time
Prep 20 mins
Cook 40 mins
Any seasoning (Greek, Cajun, thyme, etc.) may be added to the ground beef mixture to spice it up a bit.
Ingredients Nutrition
- 10 large firm tomatoes, reserve pulp for the gravy
- 1 medium onion, finely chopped
- 1 cup cooked rice
- 1 lb lean ground beef
- salt and pepper, to taste
- 1 cup sour cream
- 1⁄2 cup tomato paste
- 1 teaspoon salt
- 1 teaspoon pepper
- 2 teaspoons butter
- 2 teaspoons flour
- Slice the tops off of the tomatoes; scoop out the pulp and seeds, leaving a tomato cup and reserve pulp for the gravy.
- Season the inside of the tomatoes with salt and pepper.
- Brown the meat and onions; mix in the cooked rice, season with salt and pepper, and fill the tomatoes with the mixture.
- Place in a shallow baking pan that has been well-greased and bake for 40 minutes in preheated 375°F oven.
- For the gravy, brown the flour in the butter.
- Mix in the other ingredients including the pulp removed from the tomatoes.
- Cook for 5 minutes and pour over the tomatoes at serving.


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text: Hi, I just bought a new iPod Touch, which comes with the 1.1.4 firmware. I'm planning on using iLiberty+ to jailbreak it. I don't understand the whole bootloader and baseband issue. Do I need to downgrade to 3.9 Fake Blank in order to have stable wifi connections and use the "Locate Me" feature in Maps.app? What happens if I stay with the factory bootloader -- 4.6? Thanks. -- edit: more googling reveals that iPod Touches don't have basebands to even upgrade. Still, my question remains: will "Locate Me" still work if I jailbreak?


text:
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July 23, 2012
MICHAEL SIMMONS, PLAINTIFF,v.MIKE ATCHISON,DEFENDANT.
Michael Simmons ("Simmons") was convicted of murder in the 2001 shooting death of Kurt Landrum, who was killed during a robbery at his home. On May 2, 2011, Simmons, who is serving a 50-year sentence for murder, filed a Petition for Writ of Habeas Corpus. Respondent*fn1 initially filed a motion to dismiss the petition as time-barred, but, realizing this presented a difficult question of law, subsequently moved to answer the petition to address its merits as well as the timeliness of the petition. For the reasons set forth below, Respondent's motion to dismiss, now incorporated as part of its Rule 5 answer, is denied. Additionally, I appoint counsel to represent Simmons on his claim of ineffective assistance related to defense counsel's failure to interview certain potential defense witnesses.
As this opinion does not address the merits of Simmons' claims, the facts underlying his conviction are omitted. Respondent moves to dismiss on the basis that Simmons' petition is untimely under 28 U.S.C. § 2244(d)(1)(A), which provides for a one-year statute of limitations for the filing of habeas petitions, with the period running from the date on which the judgment became final because of the conclusion of direct review or the expiration of time for direct review.*fn2 The Illinois Supreme Court denied Simmons' petition for leave to appeal his conviction on Sept. 26, 2006. As such, his conviction became final on Dec. 26, 2006, when the time to file a petition for review with the U.S. Supreme Court expired, and his habeas petition was due on Dec. 26, 2007. Anderson v. Litscher, 281 F.3d 672, 674 (7th Cir. 2002).
Simmons did not file this petition for habeas relief until May 2, 2011, which would make it untimely absent a basis for tolling.*fn3
Simmons, however, argues that the limitations period was tolled because his "properly filed" post-conviction petition was pending in the state courts. See 28 U.S.C. § 2244(d)(2)("The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection."). A state post-conviction petition filed after the limitations period has run does not reset the time for filing a habeas petition. Escamilla v. Jungwirth, 426 F.3d 868, 870 (7th Cir. 2005).
The issue is when Simmons' state--court post--conviction petition was filed. The trial court, in its order denying post-conviction relief, stated that it was filed on Nov. 3, 2008. This is the date reflected by the state court's file stamp.
Simmons, however, contends that he first mailed his state court post--conviction petition on June 22, 2007, and that it was pending from that date until the Illinois Supreme Court denied his motion for reconsideration of the denial of his petition for leave to appeal on Dec. 22, 2010. If this is correct, then Simmons' petition for habeas relief is timely.
Simmons has submitted three "Offender Authorization for Payment" forms from the Illinois Department of Corrections, reflecting that he was to be charged for postage and envelopes for the mailing of four copies of his post--conviction petition. The forms are dated June 22, 2007. Those amounts were withdrawn from his inmate trust fund at Menard Correctional Center on June 29, 2007. (Dkt. No. 28, Exs. A-C.)
Simmons also has submitted copies of letters he sent to the Cook County Circuit Clerk checking on the status of his post-conviction petition, one dated Nov. 11, 2007, and the next dated Aug. 26, 2008. (Dkt. No. 28, Ex. E.) The certificate of service on Simmons' post--conviction petition is dated June 22, 2007, and Simmons affirmed that the information in the certificate was correct under penalty of perjury. (Dkt. No. 14, Ex A., at C 28.) The certificate was not notarized, however, because the law library at Menard Correctional Center did not notarize documents at that time. Simmons has included two signed statement from other inmates verifying this policy (Dkt. No 28, Exs. F-G), and it is reflected in the case law as well. See, e.g., People v. Henderson, 961 N.E.2d 407, 417--18 (Ill. App. Ct. 2011).
It is clear that Simmons attempted to file his post-conviction petition on June 22, 2007, using the standard procedures available to an inmate at Menard Correctional Center. Respondent, contends, however, that I should apply Illinois law to find that his petition was not filed until Nov. 3, 2008, and therefore his habeas petition is untimely.
At issue is whether and how the "prison mailbox" rule should apply to Simmons' state post-conviction filing. Federal courts apply the rule to provide that an inmate's pleading will be deemed timely if it is given to prison officials for mailing within the limitations period. Ray v. Schwochert, 788 F. Supp. 2d 830, 834 (E.D. Wis. 2011)(citing Bertrand, 173 F.3d at 502). Federal courts do not require that a proof of service be notarized in order to take advantage of the prison mailbox rule. See United States v. Wellman, 830 F.2d 1453, 1467 (7th Cir. 1987)(citing 28 U.S.C. § 1746 and noting that under federal law, a declaration under penalty of perjury generally may be used in lieu of an oath before a notary). Illinois courts also apply the mailbox rule to prisoner filings, but there is some authority for the proposition that an inmate who wants to take advantage of the rule must provide an affidavit swearing to the date the papers were deposited in the prison mail system. People v. Tlatenchi, 909 N.E.2d 198, 207--09 (Ill. App. Ct. 2009).
Congress did not provide guidance as to the meaning of "a properly filed" application for the purposes of tolling under § 2244(d)(2). Adams v. LeMaster, 223 F.3d 1177, 1181 (10th Cir. 2000). There is a split in authority as to whether the federal mailbox rule, or state law, applies to state filings for the purposes of computing the statute of limitations for a federal habeas filing. The Seventh Circuit Court of Appeals has not ruled on this issue. See Schwochert, 788 F. Supp. 2d at 834. The Fifth, Six, Tenth, and Eleventh Circuits have held that state law must be used to determine the filing dates for state court post--conviction petitions. See Vroman v. Brigano, 346 F.3d 598, 604 (6th Cir. 2003); Adams, 223 F.3d at 1181; Webster v. Moore, 199 F.3d 1256, 1258--59 (11th Cir. 2000); Coleman v. Johnson, 184 F.3d 398, 402 (5th Cir. 1999). The rationale behind this finding is based on the structure of AEDPA, which affords great deference to state court judgments, and generally "evinces a concern for federal-state comity." Vasquez v. Kingston, 422 F. Supp. 2d 1006, 1008 (E.D. Wis. 2006) (citing Webster, 199 F.3d at 1259). In order to preserve that comity, these courts have held, the definition of "properly filed" in § 2244(d)(2) must mean properly filed according to state law, rather than federal law. Vasquez, 422 F. Supp. 2d at 1009.
By contrast, the Second and Ninth Circuits have held that the federal mailbox rule applies to state post--conviction filings. See Fernandez v. Artuz, 402 F.3d 111, 114--16 (2d Cir. 2005); Anderson v. Cambra, 236 F.3d 568, 575 (9th Cir. 2003).*fn4
Those courts have reasoned that application of the federal mailbox rule when computing the deadline for filing a federal habeas petition has no effect on state court proceedings and "evinces no disrespect for the competence of state courts, their procedures, or the stability of state verdicts." Fernandez, 402 F.3d at 115 n.3. The rule already is applied to state prisoner filings in federal actions, does not impose new burdens on the state prison system, and merely allows state prisoners the full statute of limitations in order to file a federal habeas petition. Id.
I agree with those courts that have adopted the approach of the Second and Ninth Circuits on this question. Moreover, this case has some important differences from those cases that have declined to apply the federal mailbox rule to determine the date of filing of a state court petition for collateral relief. For example, in rejecting the application of the mailbox rule to a New Mexico filing, the Tenth Circuit in Adams noted that New Mexico's procedural rules, given their plain meaning, precluded the application of the mailbox rule. 223 F.3d at 1183. Similarly, in Webster, the Florida state court had determined that the relevant state filing was time-barred, and the Eleventh Circuit was guided by its determination that the state court's decision on this matter was due deference. 199 F.3d at 1259. By contrast, Illinois does recognize the mailbox rule and apply it to prisoner filings. Further, the Illinois courts never determined that Simmons' post-conviction petition was untimely or improperly filed, nor did they have any reason to deeply consider the issue of when it was filed.*fn5
Respondent relies on Tlatenchi, 909 N.E.2d at 207--09, in which the First District of the Illinois Appellate Court interpreted Ill. Sup. Ct. R. 12(b)(3) to find that a motion to withdraw a guilty plea was untimely because it was not accompanied by an affidavit proving the date which it was deposited in the mail. Under Illinois law, an affidavit is a writing sworn to before an authorized person. Id. at 208 (citing Roth v. Ill. Farmers Ins. Co., 782 N.E.2d 212, 214 (Ill. 2002)). In Tlatenchi, as in this case, the defendant's proof of service was verified under section 1-109 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-109, which allows verification under penalty of perjury as a substitute for notarization in some circumstances. Id. However, the appeals court found that section 1-109 was not applicable because Rule 12(b)(3) expressly provides that service by mail is proven by an affidavit. Id. at 208--09; see Ill. Sup. Ct. R. 12(b)(3)(providing that in the case of service by mail, service is proved "by certificate of the attorney, or affidavit of a person other than the attorney, who deposited the paper in the mail or delivered the paper to a third-party commercial carrier, stating the time and place of mailing or delivery, the complete address which appeared on the envelope or package, and the fact that proper postage or the delivery charge was prepaid.").
However, I note that the Tlatenchi court was not faced with a situation in which it was apparent that the defendant had no access to a notary. Further, the Second District of the Illinois Appellate Court, over a dissent citing Tlatenchi, recently held that a legible post-mark was sufficient proof of mailing in the absence of an affidavit. People v. Hansen, 952 N.E.2d 82, 87 (Ill. App. Ct. 2011). In so ruling, the Hansen court noted that the plain language of Rule 12(b)(3) refers to the person who deposited the papers in the mail, but an inmate cannot place anything in the mail, and must always rely on prison staff. Id. The court added, "We believe that refusing to allow other evidence of mailing is unreasonable when Rule 12(b)(3) makes it virtually impossible for a pro se defendant to comply with this rule." Id. Given that Illinois does apply the mailbox rule, and that under the circumstances of this case the Illinois courts might well interpret Simmons' petition as being filed on the date he submitted it to prison officials for mailing, I would be hard-pressed to find Simmons' petition untimely even if Illinois law applied to the matter.
Respondent additionally argues that applying the federal mailbox rule to Simmons' petition would be at odds with Seventh Circuit case law regarding other aspects of statutory tolling and would read the word "pending" out of §2244(d)(2) because a petition cannot be pending until it is docketed by the state courts.
Respondent notes that the Seventh Circuit has held that in order to determine whether a post-conviction petition is "properly filed" so as to toll the limitations period under § 2244(d)(2), courts must look at whether the state courts treated the petition as properly filed. Freeman v. Page, 208 F.3d 572, 576 (7th Cir. 2000). The Seventh Circuit also has held that in determining when a petition is pending in state court, the federal courts may not apply legal fictions. Fernandez v. Sternes, 227 F.3d 977, 981 (7th Cir. 2000). In Sternes, the Illinois Supreme Court gave the petitioner leave to file a late notice of appeal of the denial of his post-conviction petition, and the question was how much time should be excluded for tolling purposes when the state court allows an untimely filing. Id. at 978--79. In affirming the district court's finding that the habeas petition was untimely filed, the Seventh Circuit found that the limitations period was not tolled during the time period in which no state process was pending or available. Id. at 981. Although the Supreme Court's decision to allow the late notice of appeal revived the availability of state process, it did not make the case pending in the interim. Id. The Seventh Circuit noted, "An untimely petition is just that: it is filed when it is filed, and was not 'pending' long before its filing." Id.
Unlike in Sternes, this is not a situation which requires the creation of a legal fiction (other than the well-established prison mailbox rule) in order to find that Simmons' petition was properly filed on June 22, 2007, and was pending thereafter. I note that the Second Circuit in Fernandez rejected the argument that a petition cannot be pending until the state court has received it, holding that the term "properly filed" in § 2244(d)(2) marks the beginning of the statutory tolling period, which ends when the petition is no longer "pending" because the state court has ruled on it. 402 F.3d at 116. Based on the documentation provided, Simmons submitted his petition for post-conviction relief for mailing on June 22, 2007. He repeatedly followed up with the court when it appeared the petition had not been acted upon. Given his incarcerated status, it is not clear what else he could have done. Because he is entitled to the benefit of the prison mailbox rule, his habeas petition is timely. Respondent's motion to dismiss is denied.
In his initial habeas petition, Simmons argued that trial counsel was ineffective for: (1) failing to interview or call potentially exculpatory witnesses; (2) failing to move to have his statement suppressed; (3) interfering with his right to testify; and (4) failing to file a motion in limine to bar reference to his refusal to provide a DNA sample. He also argued that his appellate counsel was ineffective for failing to raise these issues on direct appeal. After Respondent filed his answer, arguing that certain of these claims were procedurally defaulted, Simmons filed a motion to amend his petition. (Dkt. No. 38). In it, Simmons agrees that he procedurally defaulted his claim as to the motion in limine and as to the alleged ineffectiveness of his appellate counsel. He states that he is aware that habeas review is limited to one petition, and he does not wish to pursue these claims now or in the future. On the basis of these statements, Simmons' motion to amend is granted. Simmons' remaining claims are the three claims of ineffective assistance against his trial counsel. After reviewing these fully briefed claims, I appoint counsel to represent Simmons in regard to his claim that trial counsel was ineffective for failing to interview or investigate potentially exculpatory witnesses. See 18 U.S.C. § 3006A(2).
For the reasons stated herein, Respondent's motion to dismiss the petition as untimely, incorporated as part of his Rule 5 answer (Dkt. No. 33) is denied. Respondent's original motion to dismiss, which was superseded by his answer (Dkt. No. 13) is denied as moot.
Simmons' Motion to Amend (Dkt. No. 38) is granted. I appoint counsel to represent Simmons on his claim of ineffective assistance in regard to trial counsel's failure to interview certain witnesses, and set a status for Aug. 10, 2012, at 9:30 a.m.
Finally, because Mike Atchison has replaced Dave Rednour as the warden of Menard Correctional Center, the Clerk is directed to correct the docket to reflect that Atchison is the respondent in this matter.
Elaine E. Bucklo
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text: When I try to use Navizon, it says that my trial has expired and that I need to purchase it. I uninstalled it, and reinstalled it from installer.app, and then i went to the website and created a new account, but it still says that my trial expired. Is it true that the Navizon from installer.app is only a trial?


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Update: SSC CGL RECRUITMENT NOTIFICATION 2017-18.
SSC CGL (Staff Selection Commission – Combined Graduate Level)
SSC CGL is back with New Notification, are you the one looking for a job in Government Sector ? still waiting for right opportunity or waiting for next notification ? Here, we are the first to get the news for you, recently SSC CGL Exam dates are out. So hurry up while others grab your job. It's a great opportunity for those who looking for government job or changing job from private organisations.
While SSC (Staff Selection Commission) organized to conduct the recruitments from various governments sector. All the posts will comes under central government, as we all know ssc cgl is most popular in conducting test for various sectors in government. It will be a good opportunity for all those candidates who are selected in this exam. Here we will update you "TIPS for SSC CGL" where it will be easy for the candidates to prepare soon. There we will cover all the portion related to SSC CGL Exam.
SSC CGL Time Table 2016:
Important Dates:
The Official Notification will be released on 13 February '2016 for Tier 1 and Exam will held in the month of May'2016 and Tier 2 Examination will be held in August'2016 month. Check here for more latest information. We will update you regular information regarding SSC CGL notification here. SSC Staff Selection Commission Recruitment of SI in CAPF, CISF & SI in Delhi Police exam official notification will be released on 9 January '2016 1st paper will be conducted in March/2016. Candidates who are preparing for this please click here for detail information.
Selection Procedure for SSC Exam: It will be conducting written exam first for selected candidates, they will have second paper test. The final candidates will have interview with Staff Commission.
Qualification for SSC will be minimum 10th and depending to their posts. Based upon the posts the exam will be conducted.
Here are the Jobs you can apply:
|Stenographer Grade "C" & "D"
|Jr. Hindi Translator in Subordinate Office
|Combined Graduate Level
|Combined Higher Secondary
|Junior Engineer in Civil, Electrical & Mechanical streams
|Multi-Tasking Staff for Non-technical
|SI in CAPF's/ ASI in CISF & SI in Delhi Police Examination
This are the details of latest happening of SSC. We will be updating more information regarding Age limit, Registration fee, how to apply and preparation details click here. We wish all the candidates good luck ahead.


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Villa in Plaka, Nr. Almyrida, Crete, Greece - Sea And Mountain Views
The villa is situated in an elevated position overlooking the village of Plaka with a stunning view of Souda Bay and out over the Aegean. It has a full EOT licence (1042K123K2948101) and is furnished to a high standard with all utilities for a relaxing holiday. There is a tiled, pergola/patio to the side and a covered veranda to the front. The grounds are surrounded by railings for the safety of guests and small children. The pool is shared with just 4 other villas and is only a couple of steps from the front door. There are also plenty of sun bathing areas all around the house. 4 sun beds are provided. Plaka village is a five minute walk from the property and is a mix of locals and holidaymakers, the atmosphere is very friendly and there is a good selection of restaurants serving local Cretan dishes most of which are open all year round.You can also get breakfast,coffee and daytime snacks in the village and there is also a very good Italian restaurant open during the summer season. The 2 mini-markets are very well stocked and have most essentials including daily fresh bread and milk.The beach at Almyrida is a 20-25 minute walk where you will find many more bars tavernas and excellent restaurants catering for all tastes. Almyrida also has a small music bar/nightclub and windsurfing and sailing activities from the beach.
Top Traveller Review
Summer 2016
About the Owner
We are John & Jo Bee, both working in the accounts profession, from Leicestershire. We have been holidaying in Greece for several years before buying our villa on Crete. We love the food, the people and the incredibly beautiful scenery.
Guestbook comments from the owner
Very impressed with views and location. Fabulous week, great place to stay.
Mel and Dave, Melton Mowbray
Enjoyed location and space, dips in the pool and lazy days on Almyrida beach.
Tessa and family.
Great villa, perfect holiday.
Anna and family, Ukraine
Lovely villa and lovely time here. Beaches at Almyrida and Kalives are nice and clean. Your villa made our holiday special.
Caroline, Tim and family, West Sussex
Had a wonderful time in plaka. Villa is lovely with great views.
Charlotte, Kenneth and family, Oslo.
We had a fantastic time. Your villa has great views and terrific pool.
Holly, Emma, Katie and Jess, Brighton
A thoroughly enjoyable 2 weeks. Lovely area, beautiful views. We very much liked your villa. Thanks
Greta and Keith, Leicester
1 Reviews
5 based on 1 holidaymaker reviews
Summer 2016
It is a really good property; suited our needs well; always a sunny spot;lots of flowers; good view; easy to walk into the village for great meals cocktails and bread; pool although shared was good; good for day trips to maintains or beach or town. Would recommend and might return ourselves. Carol and Charles
From the Owner
"We looked for property on several smaller islands before settling on Crete because of all its amentities. There are regular flights to Chania which serves the western part. The locals and our neighbours are all friendly. It is a beautiful part of the island."
Activity and Interests
The villa is situated above Plaka whose shops and bars are a pleasant 5 minute walk. 10 minutes further downhill is the blue flag beach of Almyrida providing many forms of beach activity. Parking is readily available at the water's edge. Around the bay is the working town of Kalives with more beaches. The Venetian town of Chania is 30 minutes by car.
Two airports serve western Crete. Chania is 40 minutes by car while Heraklion is 90 minutes along the main highway. Most UK airports have flights to Crete and Ryanair now fly into Chania at very competitive rates. Car hire is recommended and readily available at both airports - I would be pleased to make recommendations.
A visit to Chania is a must day out, 15 miles away. The Venetian port of Rethymnon is about 25 miles to the east. The busier resorts of Georgopolis and Platanias are a short drive away. Although across the mountains, the southern resorts are well worth a visit with the Samaria gorge an option for the athletic.
Further Details:
The pretty village of Plaka has plenty of cafes and tavernas as well as a petrol station. Free internet access is available at most.
The working town of Kalives has larger supermarkets, banks diy and hardware shops as well as more excellent restaurants and extensive sandy beach.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Out of season
29 Oct 2016 - 10 Mar 2017
7 night minimum stay
for 7 nights
Pre season
11 Mar 2017 - 12 May 2017
7 night minimum stay
for 7 nights
Low season
13 May 2017 - 23 Jun 2017
7 night minimum stay
for 7 nights
Mid season
24 Jun 2017 - 21 Jul 2017
7 night minimum stay
for 7 nights
High season
22 Jul 2017 - 1 Sep 2017
7 night minimum stay
for 7 nights
Mid season
2 Sep 2017 - 22 Sep 2017
7 night minimum stay
for 7 nights
My Standard Rate
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
Booking Notes:
Prices are quoted weekly in UK Pounds inclusive of all facilities and weekly maid service. A deposit of £100 secures your booking, the balance payable 8 weeks before departure. A refundable bond of £100 is charged to cover damage.
Changeover Day:
Changeover day is flexible. Arrivals are anticipated after 3pm and departures by 12 noon allowing for preparation and cleaning of the villa.
Notes on prices:
Prices shown above are for 1 to 6 persons for the villa and its amenities per week in UK Pounds. Payment is accepted in UK pounds or Euros.
Bookings are secured by a non refundable deposit of £100. The balance is due 8 weeks prior to departure.
Owner's Cancellation Policy
- 50% refund for cancellations more than 7 days before check-in date.
- 100% refund for cancellations more than 14 days before check-in date.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"The local restaurants are excellent. The village square is a geat meeting place for locals and ex-pats alike. Nearby Almyrida is an excellent resort, not too large with everything for the holidaymaker."
Property Type
- villa
- Air Conditioning
- Ceiling Fans
- Hair Dryer
- Iron & Board
- Linens Provided
- Living Room ...
- Parking
- Towels Provided
- Washing Machine
- Coffee Maker ...
- Dishes & Utensils ...
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Toaster ...
- Dining Area
- DVD Player
- Stereo
- Television
- Video Library
Pool / Spa
- Communal Pool
- children welcome
- non smoking only
- pets not allowed
- wheelchair inaccessible
Location Type
- mountain
- near the sea
- rural
- village
- bay
- caves
- churches
- museums
- restaurants
- ruins
- water parks
Leisure Activities
- bird watching
- horse riding
- paddle boating
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- groceries
- hospital
- laundrette - serviced
- medical services
Sports & Adventure Activities
- cycling
- fishing
- hiking
- mountain biking
- paragliding
- pier fishing
- sailing
- diving
- snorkelling
- bay fishing
- swimming
- tennis
- water skiing
- wind-surfing
Floor Area
- 80 m²
- Shower room 1 - Toilet, Shower Enclosure
- Bathroom 1 - Toilet, Bath with Shower
- There are 2 bathrooms. On the ground floor is a shower room with wc, hand basin and cabinet. Upstairs the bathroom has a bath and shower over, wc, hand basin and cabinet and also houses the automatic washing machine. Immersion switch outside the door.
- 2 Bedrooms, Sleeps 5
- Bedroom 1
- Bedroom 2
- Description of sleeping capacity: Sleeps 4/6 (2 Bedrooms) Notes on bedrooms: The bedrooms share a balcony with views over the bay. Both have ample wardrobe and cupboard space, bedside cabinets, air-con and ceiling fan. Bedroom 1 has a double bed, hair dryer and straighteners. Bedroom 2 has twin beds and mosquito nets.
- Balcony
- Terrace
- Garden
- Barbecue
- Veranda
- Self-catering
- Notes on accommodation: Our property is legally registered and the full EOT licence is on display in the villa. In addition to information supplied above, the facilities at the property include fire extinguishers in lounge and bedrooms and a well stocked First Aid cabinet. The air con units also provide heat and duvets are available for colder months. There are also 2 cool bags and ice packs for use by guests on days out. Torches for late night returns and (dare we mention!) a couple of umbrellas. Outside: The grounds are on two levels and sunbeds are provided for relaxing in the sun or shade under the pergola. All around the house there are various plants, a lemon tree and magnificent oleanders on the upper terrace. The top of the pergola has trailing grapevines. The wall to the side of the property has excellent lighting ideal for late night returns. Cleaning / Towels / Linen / Maid service: All bedlinen, towels and tea towels are provided. The villa is cleaned at changeover but more frequent visits can be arranged. Other: Both the veranda and the pergola provide an ideal setting for alfresco dining. There are 2 large tables which can easily be placed on either and kettle BBQ is provided.


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(Reconstruction of political thoughts of Islam)
Allama Muhammad Iqbal
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- Follower/Following Ratio 0.09
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tallita medeiros Twitter Stats
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text:
Most everyone knows that SPY is an ETF consisting of 500 stocks and is designed to follow the performance of the S&P 500 Stock Index.
What many people do not know is that there are also 9 sector ETFs that consist of various numbers of stocks and are designed to follow one industry group within the S&P 500. Here is the list:
XLB Materials
XLE Energy
XLF Financial
XLI Industrial
XLK Technology
XLP Consumer Staples
XLU Utilities
XLV Health Care
XLY Consumer Discretionary
Every market cycle is different because different sectors lead and lag the overall market. "Industry rotation" is a term frequentlu used to describe this phenomenon.
Rather than wait to hear what the talking heads have to say on TV, you can do your own analysis by following these ETFs. For example, from the March 16, 2011 market low, the XLV and XLP ETFs made continuous new highs without pulling back below any support level until their highs on May 18 and 19, respectively. While hindsight tells us that any trader could have used neutral to bullish strategies (covered calls, credit put spreads, etc.) for two months successfully, it is the technically-oriented trader – who reviews these sector ETFs regularly – who would have spotted these opportunities early.


text:
1111 SW 1st Ave # 3219-N Miami, Florida 33130
Spectacular, fully-furnished turnkey unit at Axis. This corner residence features a split floorplan that opens onto a wraparound glass balcony with breathtaking views of the city skyline. Ceramic tile floors. Designer paint, custom window treatments and gorgeous upgrades throughout. Shows like a model. Unit is sold with all furniture and fixtures, including linens and housewares.
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


text:
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Kitchen Gardens Of Australia Book
In Stock - Dispatch in 1 - 2 business days This product is ready to ship from our North Melbourne warehouse. Expect dispatch in 1 - 2 business days.
Limit per customer: 5
Join passionate designer and green-gardener Kate Herd on her journey around Australia to 18 diverse kitchen gardens. For each one, Kate provides a detailed garden plan, a brief history, and a description of the people who tend it and how they have overcome various challenges.
- Title: Kitchen Gardens Of Australia
- Author: Kate Herd
- Publisher: Penguin Australia
- Genre: Gardening, Food
- Non-fiction
- No. of pages: 224
- Full colour
- Paperback
- Country of origin: N/A


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Bulgaria's Government To Resign on July 23
The resignation of PM Plamen Oresharski and his government will be voted in Parliament next Wednesday, said Speaker of Parliament Mihail Mikov, quoted by Mediapool.bg.
Mikov made the statement after opposition GERB renewed their boycott of parliament sessions due to Bulgarian Socialist Party's refusal to support the update of the state budget.
It is expected that the boycott will continue on Friday.
"Next week's session is on Wednesday," Mikov said. "If Oresharski has tendered his resignation, it will be deliberated on."
Earlier today BSP MP Borislav Gutsanov suggested that the resignation might be delayed.
Oresharski had already hinted that he would resign on July 23, two days after the initially planned reopening of the Corporate Commercial Bank (KTB), which, however, was postponed for September.
- » BSP To Return Mandate
- » CSKA Owner Confirms Meeting Between Banker Vasilev, GERB's Borisov Took Place
- » Patriotic Front's Karakachanov: Six Months of Anarchy To Be Expected Before Snap Elections
- » GERB Not To Support Govt With Reformist Bloc Mandate
- » Intense Traffic at Kapitan Andreevo, Danube Bridge
- » Bulgarian PM's Party Will Only Be Part in Govt if It Wins Election
Get your own identity jordy, you're not an american. However, also lost your Bulgarian one so you're a worthless piece of shit.
Boyko, we are counting the days for you to return and place Bulgaria in its rightful place among our EU and North Atlantic partners.
Let's put an end to this plunderous year of being enslaved to Russia and Peevski. Tell SOUTHSTREAM , PUTIN and that FAT CORRUPT MAFIOSO MOTHERFUCKER PEEVSKI TO GO FUCK THEMSELVES. (in a threesome LOL)
Please come back and develop our infrastructure and develop our business industries.
Bulgaria needs you Boyko and GERB, I'm counting the days until October when you are elected once again.
As long as GERB and other right wing/liberal political parties are out of the parliament there should be a future for Bulgaria as opposed to the years of Borisov rule.


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1/6 CT. T.W. Diamond Swirl "MOM" Ring in 10K Gold - Size 7
Item# 18052084
Orig. $259.99
Now $129.99
MOM is the word! Give her this dazzling ring to remind her of your love. Fashioned of 10K gold, this ring features the word "MOM" spelled out with the "O" designed as a flower set with shimmering diamond accents. Additional diamond accents flank the ring at the top and bottom, a full 1/6 ct.! This ring is available in size 7 only.
Diamond carat weights (CT.) represent the approximate total weight (T.W.) of all diamonds in each setting and may vary no more than .07 below the stated weight. Typographic errors are subject to correction. Merchandise enlarged to show detail and may not always be exactly as pictured. Promotions, prices, styles and availability may vary by store and online.


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This girl rejected me 7 months back saying she just wanted to remain friends. we are in same college. we are good friends for the last 2 years. In between I didn't used to talk to her much after she rejected me. But now its little bit ok between us. But I still love her. Sometimes she drops some hints like she wants to remain in contact with me even after our college life gets over. She also likes to hang out with me. I had made her clear that I can't be with her so close as I used to be before, when she rejected me. Sometimes she also gives me hints to call her and talk to her whenever I miss her. There are 2 of our mutual friends in our college. Even they sometimes come to me and talk of her so that I would give her some attention. My question is, is she giving some hints or should I don't have any hopes and just leave?
She rejected me but she gives me minor hints?
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News Center
Lunch Menu
Delays and Closures
Library Card Catalog
D12 Website
Click here to pay for Science Olympiad
Skyway Elementary is located in the shadows of Cheyenne Mountain, in the southwest part of Colorado Springs, Colorado. Cheyenne Mountain is home to NORAD and the world-famous Cheyenne Mountain Zoo. The historic Broadmoor Hotel is also nearby.
The Skyway staff believes that CHARACTER is the foundation upon which everything else is built. We emphasize character trait words every month. August is "caring," September is "respect," October is "responsibility," November is "kindness," December is "teamwork," January is "manners," February is "fairness," March is "helpful," April is "trustworthy," and May is "citizenship." We recognize students for their efforts in practicing these character traits by catching them being good. Students who are caught practicing these desired traits may receive "Comet Blue Slips" for positive behaviors. We also recognize students through our Shining Star Program. Each month, two students from each class are recognized for their citizenship behaviors and attitudes.
Skyway Mission:
To provide a school community, and foster an environment, in which everyone is safe, happy, and challenged to learn and grow to the best of their potential; where foundations of academic, emotional, social, and physical preparation are laid to face tomorrow's challenges; where respect and integrity are fundamental. Above all, Skyway embraces a leading educational experience where learning is a shared passion.
Every year Skyway participates in a Winter Bazaar hosted by our PTO in an effort to provide students the opportunity to complete their holiday shopping. Local vendors are present to offer inexpensive options to students to surprise everyone on their shopping list! If you have questions, call the office.
On Thursday, November 15th, GR4-6 Band students will perform their Fall Concert program at 9:00 AM and 6:30 PM. Make sure to arrive early for prime seating! Hope to see you there!
Skyway is looking for reliable volunteers to support our library. If you have an hour or two to give each week, we could use your support to maintain book check-in, inventory and provide a little TLC to our most sacred space...our library. Training takes approximately one hour and you can set your volunteer times! Contact Pam Herr (475-6150) to schedule training and volunteer hours. Thank you Skyway stakeholders!
Before and after school care has returned to Skyway! If you are interested or need support with before and after school care, it is offered through YMCA from 6:30-8:00 AM and 3:00-6:00 PM every day that Skyway is in session. Visit ppymca.org/before-after-school for details or visit any YMCA location to register. Shot records are required to enroll and financial aid is available.